reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.1 - Purpose of Rules

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the commission's rules is to implement the
				  powers and duties of the commission under the Texas Water Code, the Texas
				  Health and Safety Code, and other laws, to establish the general policies of
				  the commission, and to set forth procedures to be followed in agency
				  proceedings. The rules should be interpreted to simplify procedure, avoid
				  delay, save expense, and facilitate the administration and enforcement of state
				  and other laws by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.2 - Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise expressly provided for in these rules, the
				  past, present, and future tense shall each include the other; the masculine,
				  feminine, and neutral gender shall each include the other; and the singular and
				  plural number shall each include the other.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.3 - Business Office and Mailing Address of the Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) Agency offices. The agency's offices are
				located at Park 35, 12100 North Interstate 35, Austin. Effective September 1,
				2002, the mailing address is: Texas Commission on Environmental Quality, P.O.
				Box 13087, Austin, Texas 78711-3087.
(b) Chief clerk's address. Effective
				September 1, 2002, the chief clerk's mailing address is: Office of Chief Clerk,
				Texas Commission on Environmental Quality, Mail Code 105, P.O. Box 13087,
				Austin, Texas 78711-3087. The chief clerk's office is located in Austin, Park
				35, Building F, 12015 North Interstate 35.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.4 - Seal of the Commission

Current through Reg. 49, No. 28; July 12, 2024
Effective September 1, 2002, the seal of the commission will
				  bear the words "Texas Commission on Environmental Quality" encircling the oak
				  and olive branches common to other official state seals.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.6 - Inscriptions on Commission Vehicles

Current through Reg. 49, No. 28; July 12, 2024
Vehicles under the care and custody of the commission and
				  used primarily in the detection and investigation of criminal violations of
				  state and federal environmental laws are exempt from bearing the inscription
				  required by Transportation Code, §
									721.002.
				  The purpose of this exemption is to is to increase the effectiveness of
				  commission investigators in detecting and investigating criminal violations of
				  state and federal environmental laws, thereby allowing investigative personnel
				  to accomplish their tasks undetected and to provide a greater degree of safety
				  for these investigators, the state property being used in the investigation,
				  and a greater degree of case integrity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.7 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise specifically provided by commission
				  rules, in computing any period of time prescribed or allowed by commission
				  regulation or orders or by any applicable statute, the period shall begin on
				  the day after the act, event, or default in question and shall conclude on the
				  last day of that designated period, unless it is a Saturday, Sunday, or legal
				  holiday on which the office of the chief clerk is closed, in which event the
				  period runs until the end of the next day that is neither a Saturday, Sunday,
				  nor a legal holiday on which the office of the chief clerk is
				  closed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.8 - Initiation of Proceeding

Current through Reg. 49, No. 28; July 12, 2024
A person who wishes to initiate a proceeding at the agency
				  should submit a written request to the executive director. The commission's
				  rules set forth the requirements for the specific types of proceedings and the
				  commission's or executive director's final action thereon.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.9 - Docket System

Current through Reg. 49, No. 28; July 12, 2024
The chief clerk shall assign a docket number to each matter
				  scheduled for consideration during a commission meeting or contested case
				  referred to SOAH.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.12 - Summary for Public Notices

Current through Reg. 49, No. 28; July 12, 2024
Each public notice required by law or rule to be issued or
				  published by the commission, or by a person under the jurisdiction of the
				  commission, shall include at the beginning of the notice a succinct summary
				  statement of the subject of the notice. The summary statement shall be designed
				  to inform the reader of the subject matter of the notice without having to read
				  the entire text of the notice. The summary statement may not be grounds for
				  challenging the validity of the proposed action for which notice was
				  given.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 3 - DEFINITIONS › Section 3.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The words and terms listed in this chapter, when used in
				  commission rules, shall have the meanings described in this chapter unless the
				  context clearly indicates otherwise. However, a definition in this chapter
				  shall not apply to another chapter of the commission's rules if the word or
				  term is defined in that chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter A - PURPOSE › Section 5.2 - 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) Advisory committee--As
				  used in this chapter, a committee, council, commission, task force, or other
				  entity, other than a state agency, created by the commission or by state law,
				  that has as its primary function the provision of advice to the commission. An
				  advisory group created by the executive director is not an advisory
				  committee.
(2) Balanced
				  representation--Membership that represents a diversity of viewpoints on issues
				  to be discussed including: factors such as geography, socioeconomic status,
				  ethnicity, and size and type of businesses and governments; and membership in
				  classes such as environmental groups, trade groups, consumer or public interest
				  groups, industries or occupations, and consumers of services provided by the
				  commission or by industries or occupations.
(3) Minutes--Notes or summary covering points
				  to be remembered from a meeting, not a detailed description or verbatim
				  transcript of the discussion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.3 - Creation and Duration of Advisory Committees Created by the Commission

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, advisory committees
					 created by the commission shall be created by commission resolution. An
					 advisory committee shall be automatically abolished in accordance with Texas
					 Government Code, §
										2110.008(b),
					 as amended, unless the advisory committee is required to remain in effect
					 without abolishment under state or federal law, or a different date is
					 designated under §
										5.15 of this chapter (relating to
					 Duration of Advisory Committees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.4 - Purpose and Duties of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
The purpose of an advisory committee shall be to give the
					 commission the benefit of the members' collective business, environmental, and
					 technical expertise and experience with respect to matters within the
					 commission's jurisdiction. An advisory committee's sole duty is to advise the
					 commission. An advisory committee has no executive or administrative powers or
					 duties with respect to the operation of the commission, and all such powers and
					 duties rest solely with the commission. The specific purposes and tasks of an
					 advisory committee subject to this subchapter shall be identified by commission
					 resolution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.5 - Composition of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  composition of advisory committees created by the commission shall comply with
				  the requirements of Texas Government Code, Chapter 2110, as amended.
(b) The commission shall make reasonable
				  attempts to provide balanced representation on all advisory committees. A rule
				  or other action may not be challenged because of the composition of an advisory
				  committee. This section does not apply to an advisory committee to the extent
				  that:
(1) another state law specifically
				  states that Texas Government Code, Chapter 2110, as amended, does not apply;
				  or
(2) a federal law or regulation:
(A) imposes an unconditional requirement that
				  irreconcilably conflicts with the requirements of Texas Government Code,
				  Chapter 2110, as amended; or
(B)
				  imposes a condition on the state's eligibility to receive money from the
				  federal government that irreconcilably conflicts with Texas Government Code,
				  Chapter 2110, as amended.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.6 - Membership Terms

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, advisory committee
					 members may serve two- or four-year terms, as resolved by the commission.
					 Should the commission resolve that the members of a committee serve four-year
					 terms, these terms shall initially be staggered, with one half of the members
					 (rounded down should one half of the number of members not be a whole number)
					 serving two-year terms, and one half (rounded up should one half of the number
					 of members not be a whole number) serving four-year terms, and the terms for
					 each member decided by drawing lots in the first committee meeting following
					 the establishment of the membership of the committee by the
					 commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.7 - Membership

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, all members of
					 advisory committees are appointed by and serve at the pleasure of the
					 commission. If a member resigns, dies, becomes incapacitated, is removed by the
					 commission, otherwise vacates his or her position, or becomes ineligible prior
					 to the end of his or her term, the commission shall appoint a replacement who
					 shall serve the remainder of the unexpired term.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.8 - Attendance

Current through Reg. 49, No. 28; July 12, 2024
A record of attendance at each meeting of advisory
					 committees shall be made. Except as otherwise provided by law, if a member of
					 an advisory committee misses three consecutive regularly scheduled meetings or
					 more than half of all the regularly scheduled meetings in a one-year period,
					 that member automatically vacates his or her position on the advisory committee
					 and the commission shall make an appointment to fill the remainder of the
					 unexpired term of the vacancy.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.9 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
Members of advisory committees shall not be reimbursed for
					 expenses unless the commission expressly authorizes reimbursement by
					 resolution. The commission may, in its discretion, reimburse the expenses of
					 members of any duly authorized subcommittee of an advisory
					 committee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.10 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, each committee shall
					 elect from its members a presiding officer, who shall report the committee's
					 advice and attendance in writing to the commission. The commission may, at its
					 discretion, appoint other officers of advisory committees. Committees may elect
					 other officers at their pleasure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.11 - Manner of Reporting

Current through Reg. 49, No. 28; July 12, 2024
Advisory committees shall report in writing to the
					 commission a minimum of once per year, unless otherwise directed by the
					 commission. The report provided by an advisory committee shall be sufficient to
					 allow the commission to properly evaluate the committee's work, usefulness, and
					 the costs related to the committee's existence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.12 - Subcommittees

Current through Reg. 49, No. 28; July 12, 2024
Advisory committees may organize themselves into
					 subcommittees. One member of each subcommittee shall serve as the chairperson
					 of that subcommittee. Subcommittee chairs shall make written reports regarding
					 their subcommittee's work to the presiding officer of the advisory committee.
					 With the commission's consent, a subcommittee of an advisory committee may
					 include members who are not members of the advisory committee, but must include
					 at least one member of the advisory committee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.13 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
Advisory committees shall meet at the call of the presiding
					 officer or the commission. All advisory committee and subcommittee meetings,
					 except meetings for the purpose of developing or reviewing licensing
					 examination questions or related materials, shall be open to the public.
					 Meetings for the purpose of developing or reviewing licensing examination
					 questions or related materials may be closed to the public to preclude
					 compromise of the examination questions or related materials.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.14 - Monitoring of Advisory Committees and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall monitor the
				  composition and activities of advisory committees.
(b) Agency staff shall record and maintain
				  the minutes of each advisory committee and subcommittee meeting. The staff
				  shall maintain a record of actions taken and shall distribute copies of
				  approved minutes and other committee documents to the commission and to
				  advisory committee members.
(c)
				  Minutes kept for advisory committee meetings and reports required under §
										5.11 of this
				  title (relating to Manner of Reporting) shall be maintained in a form and
				  location that is easily accessible to the public, including making the
				  information available on the commission's website.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter B - ADVISORY COMMITTEES › Section 5.15 - Duration of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory committees listed in section
				  (b) are renewed with the expiration dates noted for each advisory committee and
				  continue to be subject to the rules in this subchapter.
(b) List of advisory committees renewed by
				  rule:
(1) Brazos Watermaster Advisory
				  Committee, authorized by Tex. Water Code §
											11.4531, expires on
				  December 31, 2032.
(2) Concho River
				  Watermaster Advisory Committee, authorized by Tex. Water Code §
											11.557, expires on
				  December 31, 2032.
(3) Irrigator
				  Advisory Council, authorized by Tex. Occ. Code ch. 1903, Subch. D, expires on
				  December 31, 2032.
(4) Municipal
				  Solid Waste Management and Resource Recovery Advisory Council, authorized by
				  Tex. Health & Safety Code §§363.041-046, expires on December 31,
				  2032.
(5) Rio Grande Watermaster
				  Advisory Committee, authorized by Tex. Water Code §
											11.3261, expires on
				  December 31, 2032.
(6) South Texas
				  Watermaster Advisory committee, authorized by Tex. Water Code §
											11.3261, expires on
				  December 31, 2032.
(7) Water
				  Utility Operating Licensing Advisory Committee, authorized by Tex. Water Code
				  §
											5.107, expires on December
				  31, 2032.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 5 - ADVISORY COMMITTEES AND GROUPS › Subchapter C - ADVISORY GROUPS › Section 5.21 - Formation of Advisory Groups

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall identify affected groups of
					 interested persons for advisory groups and shall make reasonable attempts to
					 have balanced representation on all advisory groups.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.102 - Adoption of Memoranda of Understanding between the Texas State Soil and Water Conservation Board and the Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
The regulations of this section adopt by reference 31 TAC
				  §
									523.5(relating
				  to Memorandum of Understanding between the Texas State Soil and Water
				  Conservation Board and the Texas Commission on Environmental Quality) as
				  adopted and published in the February 19, 2016, issue of the
Texas
				  Register
(41 TexReg 1253).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.103 - Memorandum of Understanding (MOU) between the Texas Commission on Environmental Quality (TCEQ) and the Texas Parks and Wildlife Department (TPWD) Regarding the Regulation of Aquaculture

Current through Reg. 49, No. 28; July 12, 2024
(a) Need for agreement.
(1) The Texas Commission on Environmental
				Quality (TCEQ) and Texas Parks and Wildlife Department (TPWD) seek to ensure
				that regulation of aquaculture is conducted in a manner that is both
				collaborative and responsible.
(2)
				The TCEQ and TPWD are concerned about issues relating to the raising of
				non-native aquatic species and their potential for escape into natural
				ecosystems, including the introduction of disease into natural
				ecosystems.
(3) The TCEQ and TPWD
				are concerned about the quality of wastewater discharges from aquaculture
				facilities and their effects on receiving waters in reservoirs, streams, bays,
				and estuaries.
(4) The TCEQ and
				TPWD seek to implement an interagency review procedure for applications
				requesting authorization to discharge wastewater from aquaculture
				facilities.
(5) The TCEQ and TPWD
				seek to implement an effective system by which coordination and collaboration
				can be achieved to expedite enforcement actions in response to discharges from
				aquaculture facilities that are found to contain contagious disease that may
				impact state waters.
(6) Texas
				Water Code, §
										5.104,
				authorizes the TCEQ to enter into an MOU with any other state agency.
(7) Texas Agriculture Code, §
										134.031,
				directs the TCEQ and TPWD to enter into an MOU for the regulation of matters
				relating to aquaculture.
(8) It is
				the intention of this MOU to provide a formal mechanism by which the TPWD may
				review and provide feedback on aquaculture issues that are subject to
				regulation by the TCEQ and that have the potential to affect natural resources
				and the regulation of aquaculture within the jurisdiction of the TPWD. This
				exchange of information would assist the TCEQ in making environmentally sound
				decisions and would improve coordination between the TCEQ and
				TPWD.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.104 - Memorandum of Understanding between the Texas Water Development Board and the Texas Natural Resource Conservation Commission

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference the rules of the Texas
				  Water Development Board in 31 TAC § 371.5(Memorandum of Understanding
				  between Texas Water Development Board and Texas Natural Resource Conservation
				  Commission).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.110 - Memorandum of Understanding between the Texas Natural Resource Conservation Commission (commission) and the Texas Department of Public Safety (department)

Current through Reg. 49, No. 28; July 12, 2024
(a) Need for
				agreement.
(1) Executive Order GWB 96-1,
				authorized by Senate Bill 178 (Chapter 34, Acts of the 74th Legislature,
				Regular Session, 1995), directs the commission to enter into an agreement with
				the department to provide for the establishment of an Inspection/Maintenance
				(I/M) program in accordance with Executive Order GWB 96-1, the Texas Clean Air
				Act (TCAA), and federal regulations.
(2) The commission and the department have
				agreed to develop this Memorandum of Understanding between these agencies. This
				agreement will supplement any previous Memoranda of Understanding between these
				two agencies or including these two agencies as participating
				parties.
(3) The agencies entering
				into this Memorandum of Understanding are establishing a formal mechanism by
				which they will coordinate I/M program planning, implementation, oversight,
				evaluation, and areas of primary responsibility. This Memorandum of
				Understanding also provides for a system by which information developed by the
				commission and the department may be exchanged for the benefit of the I/M
				program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.118 - Memorandum of Understanding between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions

Current through Reg. 49, No. 28; July 12, 2024
The Memorandum of Understanding between the Texas Department
				  of Health and the Texas Natural Resource Conservation Commission regarding
				  radiation control functions and mutual cooperation is adopted by reference as
				  in complete text in Texas Department of Health rule 25 TAC §
									289.101(Memorandum
				  of Understanding between the Texas Department of Health and the Texas Natural
				  Resource Conservation Commission Regarding Radiation Control Functions). If a
				  copy of this document cannot be obtained from the Internet, a copy can be
				  requested from the Texas Natural Resource Conservation Commission, Chief
				  Clerk's Office, P.O. Box 13087, Austin, Texas 78711-3087, (512)
				  239-3300.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.119 - Memorandum of Understanding Between the Texas Department of Transportation and the Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference the rules of the Texas
				  Department of Transportation in 43 TAC §§
									2.301-
				  2.308
				  (relating to Memorandum of Understanding with the Texas Commission on
				  Environmental Quality) effective March 20, 2019.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.121 - Adoption by Reference

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Natural Resource Conservation Commission adopts by reference a memorandum of
				understanding between the commission and the Attorney General of Texas. The
				memorandum contains the commission's and the Attorney General's interpretation
				concerning intervention in the civil enforcement process under the Texas Solid
				Waste Disposal Act.
(b) Copies of
				the memorandum of understanding are available upon request from the Policy and
				Regulations Division, Texas Natural Resource Conservation Commission, P.O. Box
				13087, Austin, Texas 78711-3087.
(c) The effective date of the memorandum of
				understanding is October 9, 1993.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.122 - Adoption of Memorandum of Understanding Between the Texas Natural Resource Conservation Commission (commission) and the Texas Department of Health (TDH) Regarding Emissions Related to Asbestos Demolition and Renovation Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Natural Resource Conservation Commission adopts a memorandum of understanding
				(MOU) between the Texas Department of Health (TDH) and the Texas Natural
				Resource Conservation Commission (TNRCC). The memorandum contains the agreement
				of the TNRCC to inspect asbestos disposal sites under its jurisdiction for
				conformance with 40 CFR Part 61, Subpart M, §61.154 and provide copies of
				inspection and enforcement documentation to the TDH. This effort will support
				the TDH in the regulation of emissions related to asbestos demolition and
				renovation activities per 40 CFR Part 61, Subpart M.
(b) Need for agreement. Section 1 of HB 1680,
				passed by the 73rd Legislature, 1993, transferred responsibility for emissions
				related to asbestos demolition and renovation activities to the Texas
				Department of Health (TDH). It also required the TDH and the Texas Natural
				Resource Conservation Commission (TNRCC) to adopt, by rule, a joint memorandum
				of understanding concerning the inspection of solid waste facilities that
				receive asbestos.
(c) The TDH will:
(1) Maintain overall responsibility for the
				asbestos demolition and renovation activities related to 40 Code of Federal
				Regulations (CFR), Part 61, Subpart M, §§61.140, 61.141, 61.143,
				61.145, 61.146, 61.148, 61.150, 61.152, and 61.157.
(2) Negotiate with the Environmental
				Protection Agency (EPA) on the work to be performed in agreement with
				TNRCC.
(3) Provide funding to pay
				for initial inspector training in Fiscal Year 1995.
(4) Report to the EPA on the number of
				asbestos disposal site inspections performed by TNRCC.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.123 - Memorandum of Understanding between the Texas Natural Resource Conservation Commission and the Texas Department of Health concerning Special Wastes from Health Care Related Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Authority concerning special wastes from health care related facilities. Texas
				Natural Resource Conservation Commission and the Texas Department of Health,
				hereinafter "agencies," agree that pursuant to Texas Water Code, §
									5.012;
				Texas Health and Safety Code, Chapter 361; and Texas Health and Safety Code,
				§
									12.001,
				§
									12.032,
				§§81.081-81.092, §142.012, §241.026, §243.009,
				§244.009, §245.009, §245.010, §694.001, and §773.050,
				both agencies possess authority regarding special waste from health care
				related facilities. The agencies also agree that special expertise resides in
				each agency related to its area of authority and responsibility. The Texas
				Natural Resource Conservation Commission possesses authority over the
				treatment, handling, storage, processing and/or disposal of these wastes,
				including enforcement authority. The Texas Department of Health possesses
				authority over the approval of methods for the treatment of special waste from
				health care related facilities, identifying entities that are subject to its
				approval provisions and the orderly application of its approval provisions to
				the covered entities.
(b)
				Understanding concerning special waste from health care related facilities.
(1) The Texas Natural Resource Conservation
				Commission will:
(A) keep the Texas
				Department of Health informed of any need to amend the Texas Natural Resource
				Conservation Commission rules related to special waste from health care related
				facilities, and, if needed, will work closely with the Texas Department of
				Health to revise its rules;
(B)
				inform the Texas Department of Health of all treatment technologies, equipment
				or processes that fail to meet the Department of Health's Performance
				Standards;
(C) notify the Texas
				Department of Health concerning formal enforcement actions that involve
				treatment technologies, equipment or processes;
(D) allow the Texas Department of Health's
				approved methods for the treatment of special waste from health care related
				facilities to be used to process said waste in Municipal Solid Waste Type V
				facilities;
(E) allow special
				wastes from health care related facilities that have been treated by a Texas
				Department of Health approved process to be disposed of at Municipal Solid
				Waste Type I facilities; and
(F)
				apply the Texas Department of Health's standards for special waste from health
				care- related facilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.124 - Natural Resource Trustees Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The Texas Risk Reduction Program
				(TRRP) rules (30 Texas Administrative Code (TAC) Chapter 350) and the preamble
				to those rules (24 TexReg 7436) reference certain interactions between the
				Texas Natural Resource Conservation Commission (TNRCC) and the natural resource
				trustees (Trustees) in regard to an ecological risk assessment and an
				ecological services analysis. The purpose of this memorandum of understanding
				(MOU) is to facilitate these interactions between the TNRCC and the Trustees in
				both these processes. In addition, the parties recognize the following as
				pertinent to the development of this MOU.
(1)
				The TNRCC is the agency of the State of Texas given the primary responsibility
				for implementing the constitution and laws of the state relating to the
				conservation of natural resources and the protection of the
				environment.
(2) As public trustees
				for natural resources, the Trustees have statutory authority to pursue claims
				for injury to, destruction of, or loss of natural resources as a result of a
				release of a hazardous substance or a discharge of oil, seek restoration or
				replacement of such natural resources, and pursue recovery of reasonable
				assessment costs.
(3) Due to some
				dependent and even overlapping responsibilities, it is beneficial for the TNRCC
				and the Trustees to coordinate on the performance of certain tasks concerning
				the ecological risk assessment and ecological services analysis.
(4) Integration of natural resource damages
				considerations into risk reduction decisions may efficiently and cost
				effectively resolve certain natural resource damages liability and alleviate
				the need for further investigations or legal proceedings.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.126 - Memorandum of Understanding Between the Texas Department of Licensing and Regulation and the Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
The Memorandum of Understanding between the Texas Department
				  of Licensing and Regulation (TDLR) and the Texas Commission on Environmental
				  Quality (commission) regarding the coordination of efforts of the TDLR, the
				  field offices of the commission, and groundwater conservation districts,
				  concerning investigative procedures for referrals of complaints regarding
				  abandoned and/or deteriorated wells is adopted by reference as in complete text
				  in 16 TAC § 76.1011(relating to Memorandum of Understanding between the
				  Texas Department of Licensing and Regulation and the Texas Commission on
				  Environmental Quality). If a copy of this document cannot be obtained from the
				  Internet, a copy can be requested from the Texas Commission on Environmental
				  Quality, Chief Clerk's Office, P.O. Box 13087, Austin, Texas 78711-3087, (512)
				  239-3300.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 7 - MEMORANDA OF UNDERSTANDING › Section 7.127 - Memorandum of Understanding between the Texas Commission on Environmental Quality and the Texas Department of Transportation

Current through Reg. 49, No. 28; July 12, 2024
(a) Background and Purpose.
(1) Texas Water Code (TWC), §26.053,
				relating to the creation of the Don't Mess with Texas Water Program (Program),
				was enacted by House Bill 451, 82nd Legislature, 2011 and became effective
				September 1, 2011. Under TWC, §26.053, the Texas Commission on
				Environmental Quality (TCEQ) is required to establish a program to prevent
				illegal dumping that affects the surface waters of the state by placing signs
				on major highway water crossings that notify drivers of a toll-free number,
				established by the TCEQ, to call to report illegal dumping. TWC,
				§26.053(d) requires the Texas Department of Transportation (TxDOT) to
				cooperate with TCEQ in the placement of the signs along state highways and TWC,
				§26.053(e) requires TxDOT to post such a Program sign when the previously
				posted sign identifying the crossing or prohibiting dumping at the crossing is
				scheduled to be replaced. Under state law, TxDOT is responsible for posting
				signs along state highways under its jurisdiction. Counties, cities, and other
				local governments are responsible for placing signs along highways, roads, and
				streets under their respective jurisdictions.
(2) The purpose of this Memorandum of
				Understanding is to develop a framework of cooperation between TCEQ and TxDOT
				for the implementation of TWC, §26.053.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter A - TRAINING FOR COMMISSIONERS › Section 9.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs procedures applicable to the
					 training of commissioners of the Texas Commission on Environmental Quality
					 appointed on or after January 1, 2002.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter A - TRAINING FOR COMMISSIONERS › Section 9.2 - Need for Training

Current through Reg. 49, No. 28; July 12, 2024
A person who is appointed to and qualifies for office as a
					 member of the commission may not vote, deliberate, or be counted as a member in
					 attendance at a meeting of the commission until the person completes a training
					 program that complies with this chapter. This training program should be
					 completed as soon as practical after appointment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter A - TRAINING FOR COMMISSIONERS › Section 9.3 - Scope of Training

Current through Reg. 49, No. 28; July 12, 2024
(a) The training
				  program may include, but is not limited to, information provided through staff
				  briefings, written material, seminars/conferences, or internet and intranet
				  resources. The executive director and the general counsel, or their designees,
				  will provide briefings on topics within their scope of authority.
(b) The training program must provide the
				  person with information regarding:
(1) the
				  legislation that created the commission, including relevant portions of the
				  Texas Water Code and the Texas Health and Safety Code;
(2) the programs operated by the commission,
				  including programs which are federally delegated or authorized;
(3) the role and functions of the commission,
				  including the agency's mission statement and scope of commission's
				  authority;
(4) the rules of the
				  commission, with an emphasis on the rules that relate to disciplinary and
				  investigatory authority;
(5) the
				  current budget for the commission;
(6) the results of recent significant
				  internal and external audits of the commission;
(7) the requirements of:
(A) the open meetings law, Texas Government
				  Code, Chapter 551;
(B) the public
				  information law, Texas Government Code, Chapter 552;
(C) the administrative procedure law, Texas
				  Government Code, Chapter 2001; and
(D) other laws relating to public officials,
				  including conflict of interest laws; and
(8) any applicable ethics policies adopted by
				  the commission or the Texas Ethics Commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter A - TRAINING FOR COMMISSIONERS › Section 9.4 - Certificate of Completion of Training

Current through Reg. 49, No. 28; July 12, 2024
Upon completion of training by a newly-appointed
					 commissioner, the general counsel shall issue the commissioner a certificate of
					 completion to document that the commissioner is appropriately trained to serve
					 as a commissioner. Such certificate will be kept on file by the general counsel
					 and will be available for public inspection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter A - TRAINING FOR COMMISSIONERS › Section 9.5 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
A person appointed to the commission is entitled to
					 reimbursement, as provided by the General Appropriations Act, for the travel
					 expenses incurred in attending the training program regardless of whether the
					 attendance at the program occurs before or after the person qualifies for
					 office.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter governs procedures
				  applicable to the employee training and education programs of the
				  agency.
(b) The commission
				  encourages the professional development of its employees through job-related
				  training and education assistance programs that are designed to:
(1) prepare employees for technological and
				  legal developments;
(2) increase
				  employees' work capabilities; and
(3) increase employees' professional and
				  technical competence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.11 - Definition of Training

Current through Reg. 49, No. 28; July 12, 2024
"Training" means instruction, teaching, or other education
					 received by an employee that is designed to enhance the ability of the employee
					 to perform the employee's job. Training can include job-oriented training that
					 is provided within the agency by staff, other state entities, federal
					 organizations, or private vendors. It can also include workshops, seminars,
					 institutes, training sessions, college courses, and other programs or
					 activities offered outside the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.12 - Training Components

Current through Reg. 49, No. 28; July 12, 2024
Employee training and education consists of employee
					 training opportunities and the education assistance program.
(1) Employees are offered training
				  opportunities through in-house training and education as well as out-of-agency
				  staff development opportunities.
(A) In-house
				  training is job-oriented training that is provided within the agency by staff,
				  other state entities, federal organizations, or private vendors. In-house
				  training can include core courses identified by the executive director,
				  technical courses, computer training (from basic to advanced courses), staff
				  development courses, and management development courses.
(B) Out-of-agency staff development is
				  offered outside the agency either within or outside the state and includes
				  workshops, seminars, institutes, training sessions, and other programs or
				  activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.13 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Employee training opportunities.
				  Employees are eligible to participate in the agency's training opportunities to
				  increase their job-related knowledge and skills, without regard to race, color,
				  religion, sex, sexual orientation, age, national origin, disability, or veteran
				  status.
(b) Education assistance
				  program. Employees may participate in the agency's education assistance program
				  without regard to the employee's race, color, religion, sex, sexual
				  orientation, age, national origin, disability, or veteran status. To qualify
				  for reimbursement, employees must meet the following eligibility requirements
				  as set forth in the agency's policies:
(1)
				  full-time employment requirement;
(2) tenure requirement;
(3) performance requirements; and
(4) conduct requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.14 - Obligations

Current through Reg. 49, No. 28; July 12, 2024
Employees who participate in the agency's training and
					 education programs are obligated to comply with agency policies and procedures
					 regarding these programs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.15 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) Employee training opportunities.
(1) Funding for employee training is provided
				  by the Human Resources and Staff Services Division or the employee's
				  division.
(2) The employee's
				  division also funds travel-related expenses for training
				  participation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.16 - Training Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The Human
				  Resources and Staff Services Division maintains training records for all agency
				  employees using an electronic learning management system.
(b) Employees can choose to place a copy of
				  their training records in their personnel file.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter B - EMPLOYEE TRAINING AND EDUCATION › Section 9.17 - At-Will Employment Status

Current through Reg. 49, No. 28; July 12, 2024
Approval to participate in the agency's training and
					 education programs does not in any way affect an employee's at-will status.
					 Participation in these programs does not constitute a guarantee or indication
					 of future employment in a current or prospective position.