reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.25 - Notice and Opportunity for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) An emergency order under this chapter may
				  be issued with notice and an opportunity for hearing, or without notice and an
				  opportunity for hearing, as provided by this chapter.
(b) If an emergency order is issued under
				  this chapter without a hearing, the order shall set a time and place for a
				  hearing to affirm, modify, or set aside the order to be held before the
				  commission or its designee as soon as practicable after the order is
				  issued.
(c) Except as otherwise
				  provided by this chapter, notice of a hearing to affirm, modify, or set aside
				  an emergency order under this chapter shall be given not later than the tenth
				  day before the date set for the hearing. This notice shall provide that an
				  affected person may request an evidentiary hearing on issuance of the emergency
				  order.
(d) Temporary orders require
				  a hearing before the issuance of the order. Notice of a hearing on a temporary
				  order shall be given not later than the 20th day before the hearing on the
				  order. This notice of hearing shall provide that an affected person may request
				  an evidentiary hearing on issuance of the temporary order.
(e) In addition to the notice requirements
				  provided elsewhere in these rules, notice shall be provided as follows.
(1) For water quality temporary orders,
				  notice of a hearing that is held before issuance of the order shall be
				  provided:
(A) by mail to persons requesting
				  public notice of certain applications, in accordance with §
												39.407
				  of this title (relating to Mailing Lists) and to persons or agencies identified
				  in §
												39.413
				  of this title (relating to Mailed Notice);
(B) by publication by the applicant in a
				  newspaper of largest general circulation that is published in the county in
				  which the facility is located or proposed to be located. If a newspaper is not
				  published in the county in which the facility is located or proposed to be
				  located, the notice must be published in the newspaper of general circulation
				  in the county in which the facility is located or proposed to be located. The
				  applicant must file an affidavit with the chief clerk certifying facts that
				  constitute compliance with the publication requirements. The deadline to file
				  the affidavit is 15 days after publication of the notice. Filing an affidavit
				  certifying facts that constitute compliance with notice requirements creates a
				  rebuttable presumption of compliance with the requirement to publish notice;
				  and
(C) at least 20 days before the
				  hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.26 - Contents of Emergency or Temporary Order

Current through Reg. 49, No. 28; July 12, 2024
An emergency or temporary order issued under this chapter
					 shall contain at least the following:
(1) the name and address of the applicant and
				  information sufficient to identify the facility or location affected by the
				  order;
(2) a description of the
				  condition of emergency or other condition justifying the issuance of the
				  order;
(3) any findings of facts
				  required under this chapter;
(4) a
				  statement of the term of the order, including the dates on which it shall begin
				  and end and the dates on which the activity proposed to be allowed, mandated,
				  or prohibited shall begin and end;
(5) a description of the action sought and
				  the activity proposed to be allowed, mandated, or prohibited;
(6) if the order was issued without a
				  hearing, a statement to that effect and a provision setting a time and place
				  for a hearing before the commission or its designee; and
(7) any other statement or information
				  required by this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.27 - Hearing Required

Current through Reg. 49, No. 28; July 12, 2024
A hearing shall be held before the issuance of each
					 temporary order and either before or after the issuance of each emergency
					 order. If no hearing is held before the issuance of an emergency order, a
					 hearing to affirm, modify, or set aside the order shall be held before the
					 commission or its designee as soon as practicable after the order is
					 issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.28 - Hearing Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director, the applicant, or an affected person as defined by Texas Water Code,
				  §
										5.115(a)
				  may request a contested case hearing.
(b) The commission is not required to hold a
				  hearing if it determines that the basis of a person's request for a hearing as
				  an affected person is not reasonable or is not supported by competent
				  evidence.
(c) All relevant factors
				  shall be considered in the evaluation of a person's request for a hearing as an
				  affected person, including, but not limited to, the following:
(1) whether the interest claimed is one
				  protected by the law under which the application will be considered;
(2) distance restrictions or other
				  limitations imposed by law on the affected interest;
(3) whether a reasonable relationship exists
				  between the interest claimed and the activity regulated;
(4) likely impact of the regulated activity
				  on the health, safety, and use of property of the person;
(5) likely impact of the regulated activity
				  on use of the impacted natural resource by the person; and
(6) for governmental entities, their
				  statutory authority over or interest in the issues relevant to the
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.29 - Procedures for a Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearings
				  before the commission under this chapter shall be conducted in accordance with
				  Chapter 10 of this title (relating to Commission Meetings). Contested case
				  hearings shall be conducted under the Texas Administrative Procedure Act (APA)
				  and Chapter 80 of this title (relating to Contested Case Hearings).
(b) If a contested case hearing is requested
				  on the application, and the commission grants the request, the commission shall
				  either conduct the contested case hearing or remand the matter to the State
				  Office of Administrative Hearings (SOAH).
(c) The commission or judge may, consistent
				  with the requirements of the APA, reduce the time periods specified in the
				  commission's rules governing contested case hearings.
(d) For any hearing on a temporary or
				  emergency order, the following procedures will apply:
(1) parties will be designated by the
				  commission or judge. To be designated as a party, the person seeking party
				  status must show a justiciable interest. For each hearing under this section,
				  the applicant, the public interest counsel, and the executive director are
				  parties by rule;
(2) the testimony
				  of all witnesses will be under oath, with an opportunity for questioning by the
				  commission or judge and cross-examination by the other parties;
(3) other parties to the hearing will be
				  given an opportunity to present rebuttal evidence and testimony;
(4) the applicant will have the burden of
				  proving its need for an emergency or temporary order, and will have the right
				  to open and close the evidentiary parts of the hearing. The fact that an
				  emergency order was issued without a hearing, standing alone, will not
				  constitute evidence of the need for such authorization; and
(5) the commission or judge will have the
				  right to limit the number of witnesses; to limit the time for direct
				  questioning or cross-examination of a witness; to refuse illustrative and
				  documentary evidence; and to limit argument.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter C - GENERAL PROVISIONS › Section 35.30 - Application Fees

Current through Reg. 49, No. 28; July 12, 2024
The application fee for an emergency or temporary order
					 under this chapter is $500 plus the actual cost of the required notice. The fee
					 is payable at the time the application is filed, and is not
					 refundable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter D - EMERGENCY SUSPENSION OF BENEFICIAL INFLOWS › Section 35.101 - Emergency Suspension of Permit Conditions Relating to, and Emergency Authority to Make Available Water Set Aside for, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to set
				  forth the procedures and criteria to be used by the commission or the executive
				  director in its review and action on an application by a water right holder
				  either for the temporary suspension of conditions in the water right relating
				  to beneficial inflows to bays and estuaries and instream uses during an
				  emergency, or to make state water temporarily available that is set aside by
				  the commission to meet the needs for freshwater inflows to affected bays and
				  estuaries and instream uses, under Texas Water Code, §
										5.506
				  and §
										11.148.
				  The emergency relief provided by this section shall only be used when the
				  commission or executive director finds that:
(1) emergency conditions exist that present
				  an imminent threat to the public health, safety, and welfare and that:
(A) override the necessity to comply with
				  general procedures and criteria for changing the conditions in a water right;
				  or
(B) override the need to
				  maintain the balance between protecting environmental flow needs and other
				  public interests and relevant factors; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter E - EMERGENCY ORDERS FOR UTILITIES › Section 35.201 - Emergency Order for Operation of Utility That Discontinues Operation or Is Referred for Appointment of a Receiver

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  appoint a person by emergency order under Texas Water Code, §
										5.507
				  and §
										13.4132,
				  to temporarily manage and operate a utility that has discontinued or abandoned
				  operations, or which is being referred to the attorney general for the
				  appointment of a receiver under Texas Water Code, §
										13.412.
(b) An emergency order may be issued under
				  this section under the provisions of §
										291.142
				  and §
										291.143
				  of this title (relating to Operation of Utility That Discontinues Operation or
				  Is Referred for Appointment of a Receiver and Operation of a Utility by a
				  Temporary Manager).
(c) Notice of
				  an action under this section is adequate if the notice is mailed or
				  hand-delivered to the last known address of the utility's
				  headquarters.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter E - EMERGENCY ORDERS FOR UTILITIES › Section 35.202 - Emergency Order to Compel Utility to Provide Service or Interconnection

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  compel a retail public utility that has obtained a certificate of public
				  convenience and necessity to provide water or sewer service, or both, that
				  complies with all statutory and regulatory requirements of the commission if
				  necessary to ensure safe drinking water or environmental protection.
(b) The commission or executive director may
				  compel a retail public utility to provide an emergency interconnection with a
				  neighboring retail public utility for the provision of temporary water or sewer
				  service, or both, for not more than 90 days if necessary to ensure safe
				  drinking water or environmental protection.
(c) Notice of an action under this section is
				  adequate if the notice is mailed or hand-delivered to the last known address of
				  the retail public utility's headquarters.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter F - WATER QUALITY EMERGENCY AND TEMPORARY ORDERS › Section 35.301 - Emergency and Temporary Orders Authorized

Current through Reg. 49, No. 28; July 12, 2024
The commission may issue temporary orders, and the
					 commission or executive director may issue emergency orders, relating to the
					 discharge of waste or pollutants into or adjacent to any water in the state
					 under Texas Water Code, §
										5.509
					 when necessary to enable action to be taken more expeditiously than is
					 otherwise provided by Texas Water Code, Chapter 26 to effectuate the policy and
					 purposes of that chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter F - WATER QUALITY EMERGENCY AND TEMPORARY ORDERS › Section 35.302 - Application for Emergency and Temporary Orders To Discharge

Current through Reg. 49, No. 28; July 12, 2024
(a) A person desiring to obtain an order to
				  discharge waste into the waters in the state under this subchapter shall submit
				  an application in accordance with §
										35.24
				  of this title (relating to Application for Emergency or Temporary Order). The
				  application must contain the information required by that section and the
				  following:
(1) statements that:
(A) the order is necessary to enable action
				  to be taken more expeditiously than is otherwise provided by Texas Water Code,
				  Chapter 26, to effectuate the policy and purposes of that chapter;
(B) the discharge is unavoidable to:
(i) prevent loss of life, serious injury, or
				  severe property damage;
(ii) to
				  make necessary and unforeseen repairs to the facility; or
(iii) to ameliorate serious drought
				  conditions to the extent consistent with the requirements of the federal Clean
				  Water Act for authorization of the NPDES program.
(C) there is no feasible alternative to the
				  proposed discharge;
(D) the
				  discharge will not cause significant hazard to human life and health,
				  unreasonable damage to property of persons other than the applicant, or
				  unreasonable economic loss to persons other than the applicant; and
(E) the proposed discharge will not present a
				  significant hazard to the uses that may be made of the receiving water after
				  the discharge;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter F - WATER QUALITY EMERGENCY AND TEMPORARY ORDERS › Section 35.303 - Emergency Orders and Temporary Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  issue emergency orders, and the commission may issue temporary orders, under
				  this subchapter only if it is found that:
(1)
				  the order is necessary to enable action to be taken more expeditiously than is
				  otherwise provided by Texas Water Code, Chapter 26 to effectuate the policy and
				  purposes of that chapter;
(2) for
				  discharges into water in the state, the discharge is unavoidable to:
(A) prevent loss of life, serious injury, or
				  severe property damage; or
(B) to
				  ameliorate serious drought conditions, to the extent consistent with the
				  requirements of the federal Clean Water Act for authorization of the NPDES
				  program.
(3) for
				  discharges adjacent to waters in the state, the discharge is unavoidable to
				  prevent loss of life, serious injury, severe property damage, to ameliorate
				  serious drought conditions, or to make necessary and unforeseen repairs to a
				  facility;
(4) there is no feasible
				  alternative to the proposed discharge;
(5) the discharge will not cause significant
				  hazard to human life and health, unreasonable damage to property of persons
				  other than the applicant, or unreasonable economic loss to persons other than
				  the applicant;
(6) the proposed
				  discharge will not present a significant hazard either to the uses that may be
				  made of the receiving water after the discharge, or the area surrounding the
				  discharge;
(7) the dates on which
				  the proposed discharge will begin and end and the volume and quality of the
				  proposed discharge are reasonable and attainable; and
(8) the measures proposed to minimize the
				  volume and duration of the discharge and the measures proposed to maximize the
				  waste treatment efficiency of units not taken out of service or facilities
				  provided for interim use are reasonable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter G - SOLID WASTE AND URANIUM BY-PRODUCT EMERGENCY ORDERS › Section 35.401 - Emergency Orders for Non-hazardous Solid Waste Activities and Underground Injection of Uranium By-product Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  issue a mandatory or prohibitory emergency order under Texas Water Code, §
										5.512,
				  regarding any activity of solid waste management within its jurisdiction, if it
				  determines that an emergency exists requiring immediate action to protect
				  public health and safety or the environment.
(b) An emergency order issued under this
				  section shall not exceed 90 days, but may be renewed once.
(c) An emergency order affecting an
				  underground injection control permit may be issued for a time no longer than
				  that required to prevent the hazard, and may not be renewed. The injection
				  authorized by the emergency order may not result in the movement of fluids into
				  underground sources of drinking water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter G - SOLID WASTE AND URANIUM BY-PRODUCT EMERGENCY ORDERS › Section 35.402 - Emergency Actions Concerning Hazardous Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Whenever there is good reason to believe
				  that the storage, processing, or disposal of hazardous waste should be
				  authorized to alleviate an imminent and substantial endangerment to human
				  health or safety or the environment; and if there are no alternative, permitted
				  facilities reasonably available for the proper management of the waste, the
				  commission or executive director, on its own motion, or at the request of the
				  executive director or any other party, may issue an emergency order under Texas
				  Water Code, §
										5.512,
				  authorizing the processing, storage, or disposal of the hazardous waste at a
				  nonpermitted facility or at a permitted facility with no authorization under
				  its permit to receive the hazardous waste in need of immediate
				  management.
(b) In addition to the
				  information required under §
										35.24
				  of this title (relating to Application for Emergency or Temporary Order) a
				  party, other than the executive director, requesting such an emergency order
				  shall include a description of any alternatives investigated.
(c) The executive director shall review the
				  request and may require the requesting party to supply additional information
				  as may be reasonably required to assist in making the findings set out in
				  subsection (a) of this section.
(d)
				  An emergency order issued under this section:
(1) shall not exceed 90 days in
				  duration;
(2) shall clearly specify
				  the hazardous wastes to be received, and the manner and location of their
				  processing, storage, or disposal;
(3) may be terminated by the commission at
				  any time without notice and hearing if it determines that termination is
				  appropriate to protect human health or the environment;
(4) shall incorporate, to the extent possible
				  and not inconsistent with the emergency situation, all applicable requirements
				  of this chapter and Chapter 335 of this title (relating to Industrial Solid
				  Waste and Municipal Hazardous Waste); and
(5) for underground injection control permits
				  issued under this section, shall be for no longer duration than required to
				  prevent the hazard. The injection authorized may not result in the movement of
				  fluids into underground sources of drinking water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter H - RADIOACTIVE SUBSTANCES AND MATERIALS EMERGENCY ORDERS › Section 35.502 - Emergency Impoundment of Radioactive Material

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of an emergency, the
				  commission or the executive director shall have the authority to impound or
				  order the impoundment of radioactive material possessed by any person not
				  equipped to observe or failing to observe the provisions of the Texas Radiation
				  Control Act (TRCA), the rules of Chapter 336 of this title (relating to
				  Radioactive Substance Rules), or a license or order issued by the commission
				  under the TRCA or Chapter 336 of this title.
(b) As determined by the commission, the
				  impounded radioactive material may be:
(1)
				  returned to a properly licensed owner who did not cause the
				  emergency;
(2) released as evidence
				  to police or courts;
(3) returned
				  to a licensee after the emergency conditions have ceased and any compliance
				  action is settled;
(4)
				  sold;
(5) disposed of at an
				  authorized disposal facility; or
(6) otherwise appropriately transferred or
				  disposed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter I - STORAGE TANK EMERGENCY ORDERS › Section 35.601 - Emergency Order Concerning Underground or Aboveground Storage Tanks

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission or executive director may
				  issue orders under Texas Water Code, §
										5.510,
				  to the owner or operator of an underground storage tank (UST) regulated under
				  Texas Water Code, Chapter 26, and Chapter 334 of this title (relating to
				  Underground and Aboveground Storage Tanks), if it finds that:
(1) there is an actual or threatened release
				  of a regulated substance from a UST; and
(2) more expeditious corrective action than
				  is otherwise provided for under Texas Water Code, Chapter 26 is necessary to
				  protect the public health and safety or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter J - IMMINENT AND SUBSTANTIAL ENDANGERMENT › Section 35.701 - Emergency Orders

Current through Reg. 49, No. 28; July 12, 2024
The commission or the executive director may issue an
					 emergency administrative order under Health and Safety Code, §
										361.272,
					 in the manner provided by this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.801 - Emergency Orders Because of Catastrophe

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may issue emergency
					 orders under Texas Water Code, §
										5.515,
					 to authorize immediate action for the addition, replacement, or repair of
					 facilities or control equipment, or the repair or replacement of roads,
					 bridges, or other infrastructure, and authorizing associated emissions of air
					 contaminants, whenever a catastrophe necessitates such construction and
					 emissions otherwise precluded under the Texas Clean Air Act. For purposes of
					 this section, a catastrophe is an unforeseen event including, but not limited
					 to, an act of God, an act of war, severe weather conditions, explosions, fire,
					 or other similar occurrences beyond the reasonable control of the applicant,
					 which renders a facility or its functionally related appurtenances, or a road,
					 bridge, or other infrastructure, inoperable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.802 - Application for an Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of a facility, as that term is
					 defined in Texas Health and Safety Code, §
										382.003, desiring to
					 obtain an order under this subchapter shall submit an application in accordance
					 with §
										35.24
					 of this title (relating to Application for Emergency or Temporary Order). The
					 application must contain the information required by that section and the
					 following:
(1) a statement that the
				  proposed construction and emissions are essential to prevent loss of life,
				  serious injury, severe property damage, loss of a critical transportation
				  thoroughfare, or severe economic loss not attributable to the applicant's
				  actions, and are necessary for the addition, replacement, or repair of
				  facilities or control equipment, or repair or replacement of roads, bridges, or
				  other infrastructure, necessitated by a catastrophe;
(2) a description of the
				  catastrophe;
(3) a statement that
				  there are no practicable alternatives to the proposed construction and
				  emissions;
(4) a statement that the
				  emissions will not cause or contribute to a condition of air
				  pollution;
(5) a statement that the
				  proposed construction and emissions will occur only:
(A) on the property where the catastrophe
				  occurred;
(B) on other property
				  owned by the owner or operator of the damaged facility, which produces the same
				  intermediates, products, or by-products, provided that no more than a
de minimus
increase will occur in the predicted concentration
				  of the air contaminants at or beyond the property line at such other property;
				  or
(C) for public works projects
				  needed to rebuild or repair damaged roads, bridges, or other infrastructure
				  destroyed during a catastrophe;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.803 - Public Notification

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director shall publish notice
					 of the issuance of an emergency order in the Texas Register as soon as
					 practicable after issuance of the order. If the order is issued prior to a
					 hearing, the order shall fix a time and location for a hearing which is to be
					 held as soon as practicable after the order is issued. Notice of any hearing
					 shall be published in a newspaper of general circulation in the nearest
					 municipality not later than ten days before the hearing. Notice of the issuance
					 and notice of the hearing may be consolidated for publication in the
					 newspaper.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.804 - Issuance of Order

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may issue an order
					 under this subchapter if it is found that:
(1) the proposed construction and emissions
				  are essential to prevent loss of life, serious injury, severe property damage,
				  loss of a critical transportation thoroughfare, or severe economic loss not
				  attributable to the applicant's actions and are necessary for the addition,
				  replacement, or repair of facilities or control equipment, or repair or
				  replacement of roads, bridges, or other infrastructure, that is necessitated by
				  a catastrophe;
(2) there are no
				  practicable alternatives to the proposed construction and emissions;
(3) the emissions will not cause or
				  contribute to a condition of air pollution;
(4) any construction or modification will not
				  interfere with the attainment or maintenance of national ambient air quality
				  standards or violate applicable portions of the control strategy;
(5) the proposed construction or emissions
				  will occur only:
(A) on property where the
				  catastrophe occurred;
(B) on other
				  property owned by the owner or operator of the damaged facility, which produces
				  the same intermediates, products, or by-products, provided that no more than a
de minimus
increase will occur in the predicted concentration
				  of the air contaminants at or beyond the property line at such other property;
				  or
(C) for public works projects
				  needed to rebuild or repair damaged roads, bridges, or other infrastructure
				  destroyed during a catastrophe;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.805 - Contents of an Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of §
										35.26
					 of this title (relating to Contents of Emergency or Temporary Order), an
					 emergency order issued under this subchapter shall contain at least the
					 following:
(1) a description of the
				  emergency construction and emissions to be authorized;
(2) reasonable time limits for the beginning
				  and the completion of the proposed construction and emissions;
(3) authorization for action only:
(A) on the property where the catastrophe
				  occurred;
(B) on other property
				  owned by the owner or operator of the damaged facility, which produces the same
				  intermediates, products, or by-products, provided that no more than a
de minimus
increase will occur in the predicted concentration
				  of the air contaminants at or beyond the property line at such other property;
				  or
(C) for public works projects
				  needed to rebuild or repair damaged roads, bridges, or other infrastructure
				  destroyed during a catastrophe;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.806 - Requirement To Apply for a Permit or Modification

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of a facility for which an emergency
					 order has been issued under this subchapter shall submit an application within
					 60 days of issuance of the order under Texas Water Code, §
										5.515;
					 TCAA, §382.0518; and Chapter 116, Subchapter B of this title (relating to
					 New Source Review Permits). The application shall be reviewed and acted upon by
					 the executive director without regard to construction activity authorized by
					 the emergency order. The appropriate permit fee shall be due and payable under
					 §§
										116.140,
					 116.141,
					 and
					 116.143 of this
					 title (relating to Permit Fees). Costs and expenses related to additions,
					 replacement, or repair of facilities or control equipment shall not be a
					 consideration in any determination in the review of this
					 application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.807 - Affirmation of an Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
The commission shall affirm a proposed or issued order if
					 the applicant shows at the hearing, by a preponderance of the evidence,
					 that:
(1) the proposed construction
				  and emissions are essential to prevent loss of life, serious injury, severe
				  property damage, loss of a critical transportation thoroughfare, or severe
				  economic loss not attributable to the applicant's actions and are necessary for
				  the addition, replacement, or repair of facilities or control equipment, or
				  repair or replacement of roads, bridges, or other infrastructure, that is
				  necessitated by a catastrophe;
(2)
				  there are no practicable alternatives to the proposed construction and
				  emissions;
(3) the emissions will
				  not cause or contribute to a condition of air pollution;
(4) any construction or modification will not
				  interfere with the attainment or maintenance of national ambient air quality
				  standards or violate applicable portions of the control strategy; and
(5) the proposed construction or emissions
				  will occur only:
(A) on property where the
				  catastrophe occurred;
(B) on other
				  property owned by the owner or operator of the damaged facility, which produces
				  the same intermediates, products, or by-products, provided that no more than a
de minimus
increase will occur in the predicted concentration
				  of the air contaminants at or beyond the property line at such other property;
				  or
(C) for public works projects
				  needed to rebuild or repair damaged roads, bridges, or other infrastructure
				  destroyed during the catastrophe;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.808 - Modification of an Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
The commission shall modify a proposed or issued order if
					 the hearing record shows that:
(1)
				  construction and emissions otherwise precluded under the Texas Clean Air Act
				  are essential to prevent loss of life, serious injury, severe property damage,
				  loss of a critical transportation thoroughfare, or severe economic loss not
				  attributable to the applicant's actions and are necessary for the addition,
				  replacement, or repair of facilities or control equipment, or repair or
				  replacement of roads, bridges, or other infrastructure, that is necessitated by
				  a catastrophe;
(2) there is no
				  practicable alternative to such construction and emissions; and
(3) modification of certain terms of the
				  proposed or issued order is necessary to make the order, construction, and/or
				  emissions meet the requirements stated in §
										35.807
				  of this title (relating to Affirmation of an Emergency Order).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter K - AIR ORDERS › Section 35.809 - Setting Aside an Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
The commission shall set aside a proposed or issued order
					 if it is not shown, in accordance with §
										35.807
					 of this title (relating to Affirmation of an Emergency Order) or §
										35.808
					 of this title (relating to Modification of an Emergency Order), that the order
					 should be either affirmed or modified and adopted as
					 modified.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter L - ON-SITE SEWAGE FACILITIES › Section 35.901 - Emergency Order Concerning On-Site Sewage Facilities

Current through Reg. 49, No. 28; July 12, 2024
If the commission finds that an emergency exists and that
					 the public health and safety is endangered because the construction or
					 operation of an on-site sewage facility (OSSF) does not comply with Texas
					 Health and Safety Code, Chapter 366, or Chapter 285 of this title (relating to
					 On-Site Sewage Facilities); the commission may issue an emergency order
					 that:
(1) suspends the license of an
				  OSSF installer; or
(2) requires
				  cessation of operation of an OSSF.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to an owner or operator required to
					 provide financial assurance. The terms "owner or operator" and "owner and
					 operator" are used throughout this chapter to indicate any or all of the
					 following: owner, operator, licensee, permittee, registrant, or person. Refer
					 to the applicable subchapter(s) of this chapter for guidance specific to a
					 program area.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.21 - Wording and Approval of Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
The mechanisms submitted for compliance with this chapter
					 must be worded as they appear in Subchapter D or G of this chapter (relating to
					 Wording of the Mechanisms for Closure, Post Closure, and Corrective Action or
					 Wording of the Mechanisms for Liability). The executive director shall
					 determine the acceptability of the mechanisms submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.31 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator required by this chapter to provide financial assurance for closure,
				  post closure, or liability coverage must submit an originally signed financial
				  assurance mechanism to the executive director 60 days prior to acceptance of
				  waste. The mechanism must be in effect before the initial receipt of
				  waste.
(b) An owner or operator
				  required by this chapter to provide financial assurance for corrective action
				  must submit an originally signed financial assurance mechanism 60 days after
				  the permit or order requiring the corrective action financial assurance is
				  signed by the executive director or commission. The mechanism must be in effect
				  when submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.41 - Use of Multiple Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may satisfy the
				  requirements of this chapter by establishing more than one financial assurance
				  mechanism per facility. These mechanisms are limited to those specified in this
				  chapter. For closure, post closure, or corrective action, the financial test or
				  corporate guarantee may not be combined with another mechanism. For liability
				  coverage, the owner or operator may not combine a financial test covering part
				  of the liability coverage requirement with a guarantee unless the financial
				  statement of the owner or operator is not consolidated with the financial
				  statement of the guarantor.
(b) It
				  shall be the combination of mechanisms, rather than the single mechanism, which
				  shall provide financial assurance for an amount that must be at least equal to
				  the minimum financial assurance requirements of this chapter.
(c) If an owner or operator uses a trust fund
				  in combination with a surety bond or irrevocable standby letter of credit, the
				  owner or operator may use that trust fund as the standby trust fund for the
				  other mechanisms.
(d) A single
				  standby trust may be established for two or more mechanisms.
(e) The executive director may call on any or
				  all of the mechanisms to satisfy the requirements for which financial assurance
				  was provided.
(f) If an owner or
				  operator demonstrates the required liability coverage through the use of a
				  combination of financial assurance mechanisms, the owner or operator shall
				  specify at least one such assurance as "primary" coverage and shall specify
				  other assurance as "excess."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.51 - Use of a Financial Assurance Mechanism for Multiple Facilities

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator may use a financial assurance
					 mechanism as specified in this chapter to meet the requirements of this chapter
					 for more than one facility, provided that the facilities are in the same
					 program area. Financial assurance submitted to the executive director shall
					 include a list showing for each facility covered by the mechanism: the name,
					 physical and mailing addresses of the facility, each program area and permit
					 number, the rules regulating the program under which the facility is permitted,
					 and the amount of funds demonstrated for each permit, for closure, post
					 closure, corrective action, and liability. The amount of funds available
					 through the mechanism must be no less than the sum of funds that would be
					 available if a separate mechanism had been established and maintained for each
					 facility. In directing funds available through the mechanism for any of the
					 facilities covered by the mechanism, the executive director may call on only
					 the amount of funds designated for that facility, unless the owner or operator
					 agrees to the use of additional funds available under the
					 mechanism.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter A - GENERAL FINANCIAL ASSURANCE REQUIREMENTS › Section 37.52 - Use of a Universal Financial Assurance Mechanism for Multiple Facilities and Program Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may use a universal mechanism to meet the requirements of this chapter
				  for multiple facilities permitted in multiple program areas, provided the
				  mechanism is allowed to be used in the program areas represented. The amount of
				  funds demonstrated by the universal mechanism must be no less than the sum of
				  funds that would be available if separate mechanisms were established and
				  maintained. The wording of the mechanisms must be in a form satisfactory to the
				  executive director. The available mechanisms are those specified in this
				  chapter, except that the financial test or corporate guarantee may not be
				  combined with other specified mechanisms and a standby trust fund shall be
				  required in certain circumstances. For liability coverage, the owner or
				  operator may not combine a financial test covering part of the liability
				  coverage requirement with a guarantee unless the financial statement of the
				  owner or operator is not consolidated with the financial statement of the
				  guarantor.
(b) A universal
				  mechanism submitted to the executive director shall include a list showing, for
				  each facility covered by the mechanism: the name, physical and mailing
				  addresses of the facility, each program area and permit number, the rules
				  regulating the program under which the facility is permitted, and the amount of
				  funds demonstrated for each permit for closure, post closure, corrective
				  action, and liability. The anniversary date of the universal mechanism is the
				  date on which owners or operators shall make an annual inflation adjustment for
				  all facilities demonstrating through the universal mechanism. In directing
				  funds available through the universal mechanism for any of the facilities
				  covered by the mechanism, the executive director may call on only the amount of
				  funds designated for each permit for that facility, unless the owner or
				  operator agrees to the use of additional funds available under the
				  mechanism.
(c) An owner or operator
				  who intends to use the financial test or corporate guarantee as a universal
				  mechanism, must certify the ability to meet the financial test or corporate
				  guarantee requirements for each of the corresponding program areas for which
				  the universal mechanism is intended to cover.