reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.713 - Public Notification and Public Participation

Current through Reg. 49, No. 28; July 12, 2024
Upon the receipt of a license termination plan or
					 decommissioning plan from the licensee, or a proposal by the licensee for
					 release of a site under §
										336.607
					 of this title (relating to Criteria for License Termination under Restricted
					 Conditions) or §
										336.609
					 of this title (relating to Alternate Criteria for License Termination), or
					 whenever the commission deems notice to be in the public interest, the
					 commission shall:
(1) notify and
				  solicit comments from:
(A) local and state
				  governments in the vicinity of the site and any Indian Nation or other
				  indigenous people that have treaty or statutory rights that could be affected
				  by the decommissioning; and
(B) the
				  United States Environmental Protection Agency for cases where the licensee
				  proposes to release a site under §
											336.609
				  of this title (relating to Alternate Criteria for License Termination);
				  and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.801 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The requirements of this subchapter apply to applications
					 for a post-closure order, as defined in §
										335.2
					 of this title (relating to Permit Required).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.802 - Public Comment and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Public notice
				  and the opportunity to comment shall be provided:
(1) when the agency declares an application
				  for a post-closure order administratively complete;
(2) prior to final approval of the proposed
				  post-closure order; and
(3) at the
				  time of a proposed decision that remedial action is complete at the
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.803 - General Notice Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure to
				  publish notice. If the chief clerk prepares a newspaper notice that is required
				  by this subchapter and the applicant does not cause the notice to be published
				  within 30 days after the executive director has declared the application
				  administratively complete, filed the proposed post-closure order or proposed
				  decision that remedial action is complete with the chief clerk, or fails to
				  submit the copies of notices or affidavit required in subsection (d) of this
				  section, the executive director may cause one of the following actions to
				  occur:
(1) the chief clerk may cause the
				  notice to be published and the applicant shall reimburse the agency for the
				  cost of publication; or
(2) the
				  executive director may suspend further processing or return the application. If
				  the application is resubmitted within six months of the date of the return of
				  the application, it shall be exempt from any application fee
				  requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.804 - Text of Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  shall use notice text provided and approved by the agency. The executive
				  director may approve changes to notice text before notice is given.
(b) When notice of receipt of application and
				  intent to obtain post-closure order, notice of proposed order, or notice of
				  proposed decision that remediation action is complete, by publication or by
				  mail as required by this subchapter, the text of the notice must include the
				  following information:
(1) the name, address,
				  and telephone number of an agency contact from whom interested persons may
				  obtain further information;
(2) the
				  name, address, and telephone number of the applicant and a description of the
				  manner in which a person may contact the applicant for further
				  information;
(3) a brief
				  description of the location and nature of the proposed activity;
(4) a brief description of public comment
				  procedures including a statement that the executive director will respond to
				  comments raising issues that are relevant and material or otherwise
				  significant;
(5) the application,
				  solid waste registration number, or post-closure order number;
(6) if applicable, a statement that the
				  application or requested action is subject to the Texas Coastal Management
				  Program (CMP) and must be consistent with the CMP goals and policies;
(7) the location, at a public place in the
				  county in which the facility is located or proposed to be located, at which a
				  copy of the application is available for review and copying;
(8) a description of the procedure by which a
				  person may be placed on a mailing list in order to receive additional
				  information about the application; and
(9) any additional information required by
				  the executive director or needed to satisfy public notice requirements of any
				  federally-authorized program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.805 - Mailed Notice

Current through Reg. 49, No. 28; July 12, 2024
When this subchapter requires mailed notice, the chief
					 clerk shall mail notice to:
(1) the
				  landowners named on the application map, supplemental map, or the sheet
				  attached to the application map or supplemental map;
(2) the mayor and health authorities of the
				  city or town in which the facility is or will be located or in which waste is
				  or will be disposed of;
(3) the
				  county judge and health authorities of the county in which the facility is or
				  will be located or in which waste is or will be disposed of;
(4) the Texas Department of Health;
(5) the Texas Parks and Wildlife
				  Department;
(6) the Texas Railroad
				  Commission;
(7) if applicable,
				  local, state, and federal agencies for which notice is required in 40 Code of
				  Federal Regulations (CFR) §124.10(c), as amended and adopted in the May 2,
				  1989 issue of the
Federal Register
(54 FR 18786);
(8) if applicable, persons on a mailing list
				  developed and maintained in accordance with
				  40 CFR
				  §124.10(c)(1)(ix);
(9) the owner or operator of the
				  facility;
(10) persons on a
				  relevant mailing list kept under §
										39.407
				  of this title (relating to Mailing Lists);
(11) any other person the executive director
				  or chief clerk may elect to include;
(12) if applicable, the secretary of the
				  Coastal Coordination Council;
(13)
				  persons who filed public comment or hearing requests on or before the deadline
				  for filing public comment or hearing requests;
(14) the state senator and representative who
				  represent the general area in which the facility is located or proposed to be
				  located; and
(15) the river
				  authority in which the facility is located or proposed to be located if the
				  document compelling public notice and comment is under Texas Water Code,
				  Chapter 26.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.806 - Notice of Receipt of an Application and Intent to Obtain a Post-Closure Order

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  executive director determines that an application is administratively complete,
				  the chief clerk shall mail the notice of receipt of an application and intent
				  to obtain a post-closure order to the applicant.
(b) Not later than 30 days after the
				  executive director declares an application administratively complete, the
				  notice of receipt of an application and intent to obtain a post-closure order:
(1) the applicant shall publish the notice of
				  receipt of an application and intent to obtain a post-closure order once under
				  §
											39.803
				  of this title (relating to General Notice Provisions);
(2) the chief clerk shall mail the notice of
				  receipt of an application and intent to obtain a post-closure order to those
				  listed in §
											39.805
				  of this title (relating to Mailed Notice); and
(3) the notice must include the information
				  required by §
											39.804 of
				  this title (relating to Text of Public Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.807 - Notice of Proposed Post-Closure Order and Preliminary Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to final approval of the proposed
				  order, the executive director shall file the proposed post-closure order with
				  the chief clerk.
(b) Not later than
				  30 days after the executive director files the proposed post-closure order with
				  the chief clerk:
(1) the applicant shall
				  publish the notice of the proposed order and preliminary decision once under
				  §
											39.803
				  of this title (relating to General Notice Provisions);
(2) the chief clerk shall mail the notice of
				  a proposed post-closure order to those listed in §
											39.805
				  of this title (relating to Mailed Notice); and
(3) the notice of a proposed post-closure
				  order must include the applicable information required by §
											39.804 of
				  this title (relating to Text of Public Notice), including the assumptions the
				  response action was based on, in particular those related to land use
				  characterization.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.808 - Notice of a Proposed Decision that Remedial Action is Complete

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to the executive director's
				  determination that the remedial action is complete, the executive director
				  shall file the proposed decision that remedial action is complete with the
				  chief clerk.
(b) Not later than 30
				  days after the executive director files the proposed decision that remedial
				  action is complete with the chief clerk:
(1)
				  the applicant shall publish notice of a proposed decision that remedial action
				  is complete once under §
											39.803
				  of this title (relating to General Notice Provisions);
(2) the chief clerk shall mail the notice of
				  a proposed decision that remedial action is complete to those listed in §
											39.805
				  of this title (relating to Mailed Notice); and
(3) the notice of a proposed decision that
				  remedial action is complete must include the applicable information required by
				  §
											39.804 of
				  this title (relating to Text of Public Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.809 - Notice for Amendments to Post-Closure Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) When the executive director determines
				  that an application for an amendment to a post-closure order is technically
				  complete, the chief clerk shall mail the notice of application and preliminary
				  decision to the applicant.
(b) Not
				  later than 30 days after the executive director declares an application
				  technically complete the notice of application and preliminary decision:
(1) the applicant shall publish the notice of
				  application and preliminary decision once under §
											39.803
				  of this title (relating to General Notice Provisions);
(2) the chief clerk shall mail the notice of
				  receipt of an application and preliminary decision to those listed in §
											39.805
				  of this title (relating to Mailed Notice); and
(3) the notice must include the information
				  required by §
											39.804 of
				  this title (relating to Text of Public Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter N - PUBLIC NOTICE OF POST-CLOSURE ORDERS › Section 39.810 - Notice of Post-Closure Order Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
For any post-closure order contested case hearing, the
					 chief clerk shall mail notice to the statutory parties, applicant, and persons
					 who have requested to be on a mailing list for the pleadings in the action no
					 less than 13 days before a hearing in accordance with APA, §2001.052. In
					 addition, public notice and opportunity for comment before the commission
					 relating to a proposed action shall be given under Chapter 10 of this title
					 (relating to Commission Meetings).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter O - PUBLIC NOTICE FOR MARINE SEAWATER DESALINATION PROJECTS › Section 39.901 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter establish the public
					 notice process for treated marine seawater discharge permits and off-shore
					 discharge permits from marine seawater desalination projects under Texas Water
					 Code, Chapter 18. For the purposes of this subchapter, the terms "Treated
					 marine seawater," "Off-shore discharges," and "Marine seawater desalination
					 project" have the same meaning as the definitions of these terms found in
					 §
										318.2 of
					 this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter O - PUBLIC NOTICE FOR MARINE SEAWATER DESALINATION PROJECTS › Section 39.903 - Public Notice and Comment for Off-Shore Discharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing the administrative record. After
				  the technical review is completed, the executive director shall file the
				  application, draft permit, technical summary, and draft notice of application
				  and preliminary decision with the chief clerk.
(b) Notice text. The notice of application
				  and preliminary decision must contain the following information:
(1) the permit number;
(2) the name, address, and telephone number
				  of the applicant;
(3) a brief
				  description of the location and nature of the proposed marine seawater
				  desalination project, including the location of each outfall and the total
				  quantity of water proposed to be discharged by the facility;
(4) a summary of the executive director's
				  preliminary decision and whether the executive director has prepared a draft
				  permit;
(5) a statement that the
				  application is subject to the Coastal Management Program and must be consistent
				  with the Coastal Management Program goals and policies;
(6) the website address where the
				  administratively and technically complete application, the draft permit, and
				  the technical summary are posted for public review;
(7) a description of the manner in which
				  comments regarding the executive director's preliminary decision may be
				  submitted and the deadline to file comments;
(8) a statement that the executive director
				  will evaluate comments raising issues that are timely received and are
				  relevant, material, or otherwise significant and develop a final technical
				  summary;
(9) the name and telephone
				  number of an agency contact that interested persons may contact for further
				  information; and
(10) any
				  additional information required by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1001 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter specifies the notice requirements for
					 certain applications where opportunity for contested case hearing is otherwise
					 not required by law and which are not subject to the requirements of
					 Subchapters G - M of this chapter (relating to Public Notice for Applications
					 for Consolidated Permits; Applicability and General Provisions; Public Notice
					 of Solid Waste Applications; Public Notice of Water Quality Applications and
					 Water Quality Management Plans; Public Notice of Air Quality Permit
					 Applications; Public Notice of Injection Well and Other Specific Applications;
					 and Public Notice for Radioactive Material Licenses).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1003 - Notice of Application for Minor Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (d) of
				  this section, the only required notice for applications for a minor amendment
				  of a permit under Chapter 305, Subchapter D of this title (relating to
				  Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of
				  Permits) is that the chief clerk shall mail notice to the persons listed in
				  §
										39.413
				  of this title (relating to Mailed Notice). For an application for a minor
				  amendment of an injection well permit, the chief clerk shall also mail notice
				  to the persons entitled to receive notice under §
										39.651(c)(4)
				  of this title (relating to Application for Injection Well Permit).
(b) The text of the notice of application for
				  minor amendment of a permit must provide:
(1)
				  the name and address of the agency;
(2) the name and address of the applicant
				  and, if different, the location of the facility or activity to be regulated by
				  the permit;
(3) a brief description
				  of the application and business conducted at the facility or activity described
				  in the application or the draft permit;
(4) the name, address, and telephone number
				  of an agency contact person from whom interested persons may obtain further
				  information;
(5) a brief
				  description of public comment procedures;
(6) the application or permit
				  number;
(7) a statement that the
				  executive director may issue final approval of the application;
(8) a statement of whether the executive
				  director has prepared a draft permit; and
(9) the deadline to file comments.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1005 - Notice of Class 1 Modification of an Industrial Solid Waste or Hazardous Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice
				  requirements for applications for Class 1 modifications are in §
										305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee) for industrial solid waste or hazardous waste permits.
(b) The text of required notice
				  shall follow the requirements of §
										305.69
				  of this title and provide:
(1) the name and
				  address of the agency;
(2) the
				  name and address of the applicant and, if different, the location of the
				  facility or activity to be regulated by the permit;
(3) a brief description of the application
				  and business conducted at the facility or activity described in the application
				  or the draft permit;
(4) the name,
				  address, and telephone number of an agency contact person from whom interested
				  persons may obtain further information;
(5) a brief description of public comment
				  procedures; and
(6) the
				  application or permit number.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1007 - Notice of Class 2 Modification of an Industrial Solid Waste or Hazardous Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
The notice requirements for applications for Class 2
					 modifications are in §
										305.69
					 of this title (relating to Solid Waste Permit Modification at the Request of
					 the Permittee), except that the text of notice shall comply with §
										305.69
					 of this title and §
										39.411(b)
					 of this title (relating to Text of Public Notice). The notice shall specify the
					 deadline, as specified in §
										305.69
					 of this title, to file with the chief clerk public comment. When mailed notice
					 is required, the applicant shall mail notice to the persons listed in §
										39.413
					 of this title (relating to Mailed Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1009 - Notice of Modification of a Municipal Solid Waste Permit or Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) When mailed
				  notice is required under §
										305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications), the mailed notice shall be mailed by the permit or registration
				  holder and the text of the notice shall comply with §39.411(b)(1) - (3),
				  (6), (7), (9), and (11) of this title (relating to Text of Public Notice), and
				  shall provide the location and phone number of the appropriate regional office
				  of the commission to be contacted for information on the location where a copy
				  of the application is available for review and copying.
(b) When mailed notice is required by §
										305.70
				  of this title, notice shall be mailed by the permit or registration holder to
				  the persons listed in §
										39.413
				  of this title (relating to Mailed Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter P - OTHER NOTICE REQUIREMENTS › Section 39.1011 - Notice of Application for Voluntary Transfer of Injection Well Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) For notice of application for the
				  voluntary transfer of an injection well permit, the chief clerk shall mail
				  notice to the persons listed in §
										39.413
				  of this title (relating to Mailed Notice). The chief clerk shall also mail
				  notice to:
(1) persons who own the property
				  on which the existing or proposed injection well facility is or will be
				  located, if different from the applicant;
(2) landowners adjacent to the property on
				  which the existing or proposed injection well facility is or will be located;
(3) persons who own mineral rights
				  underlying the existing or proposed injection well facility; and
(4) persons who own mineral rights underlying
				  the tracts of land adjacent to the property on which the existing or proposed
				  injection well facility is or will be located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.1 - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the commission's policy to encourage the resolution and
				  early settlement of all contested matters through voluntary settlement
				  procedures. It is the affirmative responsibility of each commission employee to
				  effectuate this policy.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) ADR--Alternative
				dispute resolution.
(2) Alternative
				dispute resolution procedure or ADR procedure--A nonjudicial and informally
				conducted forum for the voluntary settlement of contested matters through the
				intervention of an impartial third party.
(3) Alternative dispute resolution director
				or ADR director--The director of the agency office empowered by the commission
				to coordinate and oversee ADR procedures and mediators.
(4) Contested matter--A request for a
				license, permit, order, or other formal authorization from the commission that
				is opposed.
(5) Mediator--The
				person appointed by the ADR office director to preside over ADR proceedings
				regardless of which ADR method is used.
(6) Participant--The executive director, the
				public interest counsel, the applicant, and the persons who timely filed
				hearing requests which gave rise to the dispute or if parties have been named,
				the named parties.
(7) Private
				mediator--A person in the profession of mediation who is not a Texas state
				employee and who has met all the qualifications prescribed by Texas law for
				mediators.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.3 - Referral of Contested Matter for Alternative Dispute Resolution Procedures

Current through Reg. 49, No. 28; July 12, 2024
The commission or the ADR director may seek to resolve a
				  contested matter through any ADR procedure. Such procedures may include, but
				  are not limited to, those applied to resolve matters pending in the state's
				  district courts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.4 - Appointment of Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) For each matter
				referred for ADR procedures, the ADR director shall assign a mediator, unless
				the participants agree upon the use of a private mediator. The ADR director may
				assign a substitute or additional mediator to a proceeding as the ADR director
				deems necessary.
(b) A private
				mediator may be hired for commission ADR procedures provided that:
(1) the participants unanimously agree to use
				a private mediator;
(2) the
				participants unanimously agree to the selection of the person to serve as the
				mediator;
(3) the mediator agrees
				to be subject to the direction of the commission's ADR director and to all time
				limits imposed by the director, the judge, statute, or regulation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.5 - Qualifications of Mediators

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				shall establish a pool of commission staff mediators to resolve contested
				matters through ADR procedures.
(1) To the
				extent practicable, each mediator shall receive 40 hours of formal training in
				ADR procedures through programs approved by the ADR director.
(2) Other individuals may serve as mediators
				on an ad hoc basis in light of particular skills or experience which will
				facilitate the resolution of individual contested matters.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.6 - Commencement of ADR

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				encourages the resolution of disputes at any time, whether under this chapter
				or not. ADR procedures under this chapter may begin, at the discretion of the
				ADR director, anytime after the application has been deemed administratively
				complete and at least one letter protesting the application has been filed with
				the commission.
(b) Upon unanimous
				motion of the parties and at the discretion of the judge, the provisions of
				this subsection may apply to contested hearings. In such cases, it is within
				the discretion of the judge to continue the hearing to allow the use of ADR
				procedures.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.7 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
When ADR procedures do not result in the full settlement of a
				  contested matter, the participants, in conjunction with the mediator, shall
				  limit the contested issues through the entry of written stipulations. Such
				  stipulations shall be forwarded or formally presented to the judge assigned to
				  conduct the hearing on the merits and shall be included in the hearing
				  record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.8 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
Agreements of the participants reached as a result of ADR
				  must be in writing, and are enforceable in the same manner as any other written
				  contract.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 40 - ALTERNATIVE DISPUTE RESOLUTION PROCEDURE › Section 40.9 - Confidentiality of Communications in Alternative Dispute Resolution Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsections (c) and
				(d) of this section, a communication relating to the subject matter made by a
				participant in an ADR procedure, whether before or after the institution of
				formal proceedings, is confidential, is not subject to disclosure, and may not
				be used as evidence in any further proceeding.
(b) Any notes or record made of an ADR
				procedure are confidential, and participants, including the mediator, may not
				be required to testify in any proceedings relating to or arising out of the
				matter in dispute or be subject to process requiring disclosure of confidential
				information or data relating to or arising out of the matter in
				dispute.
(c) An oral communication
				or written material used in or made a part of an ADR procedure is admissible or
				discoverable only if it is admissible or discoverable independent of the
				procedure.
(d) If this section
				conflicts with other legal requirements for disclosure of communications or
				materials, the issue of confidentiality may be presented to the judge to
				determine, in camera, whether the facts, circumstances, and context of the
				communications or materials sought to be disclosed warrant a protective order
				or whether the communications or materials are subject to disclosure.
(e) The mediator may not, directly or
				indirectly, communicate with the judge or any commissioner, on any aspect of
				ADR negotiations made confidential by this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter E - PURPOSE, APPLICABILITY, AND DEFINITIONS › Section 50.102 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Subchapters E - G of this chapter
				  (relating to Purpose, Applicability and Definitions; Action by the Commission;
				  and Action by the Executive Director) apply to any applications that are
				  declared administratively complete on or after September 1, 1999, except as
				  described in subsections (b) and (c) of this section.
(b) Subchapters E - G of this chapter apply
				  to certification of water quality management plan (WQMP) updates.
(c) Only the following sections of this
				  chapter apply to initial applications for electric generating facility permits
				  under Texas Utilities Code, §
										39.264:
(1)
											§
											50.117 of this
				  title (relating to Commission Actions);
(2)
											§
											50.131
				  of this title (relating to Purpose and Applicability);
(3)
											§
											50.133
				  of this title (relating to Executive Director Action on Application or WQMP
				  update);
(4)
											§
											50.135
				  of this title (relating to Effective Date of Executive Director Action);
				  and
(5)
											§
											50.145 of
				  this title (relating to Corrections to Permits).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter F - ACTION BY THE COMMISSION › Section 50.113 - Applicability and Action on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This subchapter applies to
				  applications that are declared administratively complete on or after September
				  1, 1999.
(b) This chapter does not
				  create a right to a contested case hearing where the opportunity for a
				  contested case hearing does not exist under other law.
(c) After the deadline for filing a request
				  for reconsideration or contested case hearing under §
										55.201
				  of this title (relating to Requests for Reconsideration or Contested Case
				  Hearing), the commission may act on an application without holding a contested
				  case hearing or acting on a request for reconsideration, if:
(1) no timely request for reconsideration or
				  hearing has been received;
(2) all
				  timely requests for reconsideration or hearing have been withdrawn, or have
				  been denied by the commission;
(3)
				  a judge has remanded the application because of settlement; or
(4) for applications under Texas Water Code,
				  Chapters 26 and 27 and Texas Health and Safety Code, Chapters 361 and 382, the
				  commission finds that there are no issues that:
(A) involve a disputed question of
				  fact;
(B) were raised during the
				  public comment period; and
(C) are
				  relevant and material to the decision on the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter F - ACTION BY THE COMMISSION › Section 50.115 - Scope of Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Subsections (b) - (d) of this section
				  apply to applications under Texas Water Code, Chapters 26 and 27 and Texas
				  Health and Safety Code, Chapters 361 and 382. Subsection (e)(1) of this section
				  applies to all applications under this subchapter. Subsections (e)(2) and (f)
				  of this section apply as stated in the subsection.
(b) When the commission grants a request for
				  a contested case hearing, the commission shall issue an order specifying the
				  number and scope of the issues to be referred to State Office of Administrative
				  Hearings (SOAH) for a hearing.
(c)
				  The commission may not refer an issue to SOAH for a contested case hearing
				  unless the commission determines that the issue:
(1) involves a disputed question of fact or a
				  mixed question of law and fact;
(2)
				  was raised during the public comment period, and, for applications filed on or
				  after September 1, 2015, was raised in a comment made by an affected person
				  whose request is granted; and
(3)
				  is relevant and material to the decision on the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter F - ACTION BY THE COMMISSION › Section 50.117 - Commission Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may grant or deny an application in whole or in part, suspend the authority to
				  conduct an activity or dispose of waste for a specified period of time, dismiss
				  proceedings, amend or modify a permit or order, or take any other appropriate
				  action.
(b) For applications
				  involving hazardous waste under the Texas Solid Waste Disposal Act, the
				  commission may issue or deny a permit for one or more units at the facility.
				  The interim status of any facility unit compliant with the provisions of Texas
				  Health and Safety Code, §
										361.082(e),
				  and § 335.2(c) of this title (relating to Permit Required) for which a
				  permit has not been issued or denied is not affected by the issuance or denial
				  of a permit to any other unit at the facility.
(c) If the commission directs a person to
				  perform or refrain from performing any act or activity, the order shall set
				  forth the findings on which the directive is based. The commission may set a
				  reasonable compliance deadline in its order in which to:
(1) terminate the operation or
				  activity;
(2) cease disposal,
				  handling, or storage of any waste;
(3) conform to the permit requirements,
				  including any new or additional conditions imposed by the commission;
				  or
(4) otherwise comply with the
				  commission's order.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter F - ACTION BY THE COMMISSION › Section 50.119 - Notice of Commission Action, Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission acts on an application,
				  the chief clerk shall mail or otherwise transmit the order and notice of the
				  action to the applicant, executive director, public interest counsel, and to
				  other persons who timely filed public comment, or requests for reconsideration
				  or contested case hearing. The notice shall explain the opportunity to file a
				  motion under §
										80.272 of
				  this title (relating to Motion for Rehearing). If the commission adopts a
				  response to comments that is different from the executive director's response
				  to comments, the chief clerk shall also mail the final response to comments.
				  The chief clerk need not mail notice of commission action to persons submitting
				  public comment or requests for reconsideration or contested case hearing who
				  have not provided a return mailing address. The chief clerk may mail the
				  information to a representative group of persons when a substantial number of
				  public comments have been submitted.
(b) If the commission acts on an application,
				  §
										80.272 of
				  this title applies. A motion for rehearing must be filed not later than 25 days
				  after the date the commission's final decision or order on the application is
				  signed, unless the time for filing the motion for rehearing has been extended
				  under Texas Government Code, §
										2001.142
				  and §
										80.276
				  of this title, by agreement under Texas Government Code, §
										2001.147,
				  or by the commission's written order issued pursuant to Texas Government Code,
				  §
										2001.146(e).
				  If the motion is denied under §
										80.272 and
				  §
										80.273
				  of this title (relating to Motion for Rehearing and Decision Final and
				  Appealable) the commission's decision is final and appealable under Texas Water
				  Code, §
										5.351
				  or Texas Health and Safety Code, §§
										361.321,
				  382.032,
				  or
				  401.341.
(c) Motions for rehearing may be filed on:
(1) an issue that was referred to State
				  Office of Administrative Hearings (SOAH) for contested case hearing, or an
				  issue that was added by the judge;
(2) issues that the commission declined to
				  send to SOAH for hearing; and
(3)
				  the commission's decision on an application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.131 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to delegate authority to the executive director and to specify applications on which the executive director may take action on behalf of the commission. This subchapter does not affect the executive director's authority to act on an application where that authority is delegated elsewhere.
(b) This subchapter applies to applications that are administratively complete on or after September 1, 1999 and to certifications of Water Quality Management Plan (WQMP) updates. Except as provided by subsection (c) of this section, this subchapter applies to:
(1) air quality permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification);
(2) appointments to the board of directors of districts created by special law;
(3) certificates of adjudication;
(4) district matters under Texas Water Code (TWC), Chapters 49 - 66;
(5) districts' proposed impact fees, charges, assessments, or contributions approvable under Texas Local Government Code, Chapter 395;
(6) extensions of time to commence or complete construction;
(7) industrial and hazardous waste permits;
(8) municipal solid waste permits;
(9) on-site wastewater disposal system permits;
(10) radioactive waste or radioactive material permits or licenses;
(11) underground injection control permits;
(12) water rights permits;
(13) wastewater permits;
(14) weather modification measures permits;
(15) driller licenses under TWC, Chapter 32;
(16) pump installer licenses under TWC, Chapter 33;
(17) irrigator or installer registrations under TWC, Chapter 34; and
(18) municipal management district matters under Texas Local Government Code, Chapter 375.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.133 - Executive Director Action on Application or WQMP Update

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may act on an
				  application subject to this subchapter if:
(1) public notice requirements have been
				  satisfied and the executive director has considered the public comment and
				  filed a response;
(2) the
				  application meets all relevant statutory and administrative criteria;
(3) the application does not raise new issues
				  that require the interpretation of commission policy;
(4) the executive director's staff and public
				  interest counsel do not raise objections; and
(5) the application is uncontested because:
(A) no timely requests for reconsideration or
				  contested case hearing are filed with the chief clerk;
(B) the applicant and the persons who filed
				  timely requests for reconsideration or contested case hearing have agreed in
				  writing to the action to be taken by the executive director;
(C) any timely requests for reconsideration
				  or contested case hearing have been withdrawn in writing or have been
				  denied;
(D) a settlement was
				  reached in a contested case hearing, and the application has been remanded from
				  SOAH; or
(E) a contested case
				  hearing request has been filed but no opportunity for hearing is provided by
				  law.
(6) the application
				  is for any air permit amendment, modification, or renewal that would not result
				  in an increase in allowable emissions and would not result in the emission of
				  an air contaminant not previously emitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.135 - Effective Date of Executive Director Action

Current through Reg. 49, No. 28; July 12, 2024
A permit or other approval is effective when signed by the
					 executive director, unless otherwise specified in the permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.137 - Remand for Action by Executive Director

Current through Reg. 49, No. 28; July 12, 2024
At any time during the processing of an application, if all
					 timely requests for reconsideration or hearing on the application are withdrawn
					 or denied, the commission or the general counsel, or the judge if SOAH holds
					 jurisdiction over the application, may remand the application to the executive
					 director. If the application has been scheduled for a commission meeting, the
					 chief clerk shall remove it from the commission's agenda.