reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.143 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may conduct audits and inspections to determine compliance with this
				  subchapter.
(b) The commission and
				  the attorney general, as appropriate, shall enforce this subchapter and, except
				  as provided by subsections (d) and (e) of this section, take enforcement action
				  against any manufacturer, retailer, or person who recycles or reuses computer
				  equipment for failure to comply with this subchapter.
(c) The attorney general may file suit under
				  Texas Water Code, §
										7.032, to
				  enjoin an activity related to the sale of computer equipment in violation of
				  this subchapter.
(d) The commission
				  shall issue a warning notice to a manufacturer on the manufacturer's first
				  violation of this subchapter. The manufacturer must comply with this subchapter
				  not later than the 60th day after the date the warning notice is
				  issued.
(e) A retailer who receives
				  a warning notice from the commission that the retailer's inventory violates
				  this subchapter because it includes computer equipment from a manufacturer that
				  has not submitted the recovery plan required by §
										328.137
				  of this title (relating to Manufacturer Responsibilities) must bring the
				  inventory into compliance with this subchapter not later than the 60th day
				  after the date the warning notice is issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.145 - Financial and Proprietary Information

Current through Reg. 49, No. 28; July 12, 2024
Financial or proprietary information submitted to the
					 commission under this subchapter is exempt from public disclosure under Texas
					 Government Code, Chapter 552.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.147 - Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) A manufacturer
				  or retailer of computer equipment is not liable in any way for information in
				  any form that a consumer leaves on computer equipment that is collected,
				  recycled, or reused under this subchapter.
(b) This subchapter does not exempt a person
				  from liability under other law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.149 - Sound Environmental Management

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All computer equipment collected under this subchapter must be recycled or
				  reused in a manner that complies with federal, state, and local law.
(b) The commission adopts, as standards for
				  recycling or reuse of computer equipment under this subchapter, the following
				  portions of the standards in "Electronics Recycling Operating Practices" as
				  approved by the board of directors of the Institute of Scrap Recycling
				  Industries (ISRI), Inc., April 25, 2006. The remaining portions are voluntary
				  unless required by other law. The adopted standards apply to computer equipment
				  used by an individual primarily for personal or home business use and returned
				  to the manufacturer by a consumer in this state and do not impose any
				  obligation on an owner or operator of a solid waste facility. If at any time
				  the United States Environmental Protection Agency (EPA) adopts standards for
				  recycling or reuse of computer equipment that are determined by the commission
				  to be an acceptable substitute, the commission may, by rule, revoke the ISRI
				  standards and adopt the EPA standards.
(1)
				  General requirements for recyclers:
(A)
				  Following all efforts to refurbish or reuse computer equipment, the remaining
				  computer equipment shall be manually dismantled for re-useable components or
				  processed for recycling either in accordance with §
												328.4(b)
				  of this title (relating to Limitations on Storage of Recyclable Materials) for
				  those facilities subject to and not exempted from that section, or in
				  accordance with the following conditions for those facilities exempt from or
				  not subject to §
												328.4(b)
				  of this title.
(i) The facility can show that
				  the material is potentially recyclable and has an economically feasible means
				  of being recycled.
(ii) Every six
				  months, the amount of material that is processed for recycling (as defined in
				  §
													328.2 of
				  this title (relating to Definitions)), or transferred to a different site for
				  recycling, equals at least 50% by weight or volume of the material accumulated
				  at the beginning of the six-month period. "Every six months" starts, for a new
				  recycling facility, 180 days after opening; for an existing recycling facility,
				  180 days after the facility, under this subchapter, starts providing services
				  to a manufacturer. In calculating the percentage or turnover, the percentage
				  requirements shall be applied to each material of the same type.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.151 - Federal Preemption; Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  federal law establishes a national program for the collection and recycling of
				  computer equipment and the commission determines that the federal law
				  substantially meets the purposes of this subchapter, the commission may adopt
				  an agency statement that interprets the federal law as preemptive of this
				  subchapter.
(b) This subchapter
				  expires on the date the commission issues a statement under this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.153 - Amount of Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of
				  the penalty assessed against a manufacturer that does not label its computer
				  equipment or adopt and implement a recovery plan as required by §
										328.137
				  of this title (relating to Manufacturer Responsibilities), may not exceed
				  $10,000 for the second violation or $25,000 for each subsequent
				  violation.
(b) The amount of
				  penalty assessed against a recycling facility for a violation of this
				  subchapter shall be determined by enforcement protocols established for this
				  subchapter. The amount of the penalty assessed against a recycling facility for
				  a violation of Subchapter A of this chapter (relating to Purpose and General
				  Information) shall be determined by enforcement protocols established for that
				  subchapter.
(c) Except as provided
				  by subsections (a) and (b) of this section, the amount of the penalty assessed
				  against a manufacturer for any other violation of this subchapter may not
				  exceed $1,000 for the second violation or $2,000 for each subsequent
				  violation.
(d) The amount of the
				  penalty assessed against a retailer for a violation of this subchapter may not
				  exceed $1,000 for the second violation or $2,000 for each subsequent
				  violation.
(e) A penalty under this
				  section is in addition to any other penalty that may be assessed for a
				  violation of Texas Health and Safety Code, Chapter 361, Subchapter Y.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM › Section 328.155 - Disposition of Penalty

Current through Reg. 49, No. 28; July 12, 2024
A penalty collected under §
										328.153(d) or
					 (e) of this title (relating to Amount of
					 Penalties) shall be paid to the commission and deposited to the credit of the
					 waste management account.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.161 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to help establish a comprehensive, convenient, and
				  environmentally sound program for the collection and recycling of television
				  equipment.
(b) The program is based
				  on individual television manufacturer responsibility and shared responsibility
				  among consumers, retailers, and the government of this state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.163 - Applicability and Effective Dates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by this section and Texas Health and Safety Code, §
										361.991,
				  this subchapter applies only to covered television equipment that is:
(1) offered for sale or sold to a consumer in
				  this state; or
(2) used by a
				  consumer in this state and returned for recycling.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.165 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, have the
					 following meanings.
(1) Brand--The
				  name, symbol, logo, trademark, or other information that identifies a whole
				  product rather than the components of the product.
(2) Collector--A person who receives covered
				  television equipment from consumers and arranges for the delivery of the
				  covered television equipment to a recycler. A collector is prohibited from
				  acting as a recycler unless registered as a recycler.
(3) Consumer--An individual who uses covered
				  television equipment that is purchased primarily for personal or home business
				  use.
(4) Covered television
				  equipment--The following equipment marketed to and intended for consumers:
(A) a direct view or projection television
				  with a viewable screen of nine inches or larger whose display technology is
				  based on cathode ray tube, plasma, liquid crystal, digital light processing,
				  liquid crystal on silicon, silicon crystal reflective display, light-emitting
				  diode, or similar technology; or
(B) a display device that is peripheral to a
				  computer that contains a television tuner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.167 - Sales Prohibition

Current through Reg. 49, No. 28; July 12, 2024
A person may not offer for sale in this state new covered
					 television equipment unless the equipment has been labeled in compliance with
					 §
										328.169
					 of this title (relating to Manufacturer's Labeling
					 Requirement).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.169 - Manufacturer's Labeling Requirement

Current through Reg. 49, No. 28; July 12, 2024
A television manufacturer may sell or offer for sale in
					 this state only covered television equipment that is labeled with the
					 television manufacturer's brand. The label must be permanently affixed and
					 readily visible.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.171 - Manufacturer's Registration and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions.
(1) A television manufacturer of covered
				  television equipment shall register with the agency, on authorized agency forms
				  or electronic submission in accordance with subsection (c) of this section,
				  except as provided by §
											328.175
				  of this title (relating to Manufacturer Recycling Leadership Program). Initial
				  registration is required by January 31, 2013.
(2) A television manufacturer of covered
				  television equipment shall renew its registration annually and is subject to
				  the registration fee and payment requirements. The registration fee each year
				  is $2,500 to be paid on or before January 31 of each year, starting January 31,
				  2013. A manufacturer's failure to properly or timely register does not exempt
				  the manufacturer from such fee and payment requirements.
(3) A manufacturer may designate a legally
				  authorized representative to complete and submit the required registration
				  information. However, the manufacturer remains responsible for compliance with
				  the provisions of this section by such representative.
(4) The registration or registration renewal
				  must include:
(A) a list of all brands the
				  television manufacturer sells or offers for sale in this state regardless of
				  whether the television manufacturer owns or is licensed to use the brand;
				  and
(B) contact information for the
				  person the commission may contact regarding the television manufacturer's
				  activities to comply with this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.175 - Manufacturer Recycling Leadership Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A group of television manufacturers may
				  establish a recycling leadership program to provide collection, transportation,
				  and recycling infrastructure for covered television equipment in this
				  state.
(b) A recycling leadership
				  program must provide at least 200 individual collection sites or programs in
				  this state in a manner described by subsection (d) of this section where a
				  consumer may return covered television equipment for reuse or
				  recycling.
(c) A television
				  manufacturer may not charge a separate fee at the time of recycling under this
				  section unless at the time of recycling a financial incentive of equal or
				  greater value to the fee charged is provided by the television
				  manufacturer.
(d) Collection
				  methods that may be used by a recycling leadership program under subsection (b)
				  of this section for recycling of covered television equipment include the
				  following:
(1) a system by which the
				  television manufacturer, an entity designated by the television manufacturer,
				  or another private or public sector entity associated with the television
				  manufacturer offers a consumer a physical collection site to return covered
				  television equipment;
(2) a system
				  by which the television manufacturer, an entity designated by the television
				  manufacturer, or another private or public sector entity associated with the
				  television manufacturer offers the consumer a method for returning covered
				  television equipment by mail, as long as the system provides for packaging that
				  would prevent any spillage in case of breakage; and
(3) a system by which the television
				  manufacturer, an entity designated by the television manufacturer, or another
				  private or public sector entity associated with the television manufacturer
				  holds a collection event where the consumer may return covered television
				  equipment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.177 - Recycling Leadership Program Collection Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than January 31 of every other
				  year beginning with the television manufacturer's second year of registration,
				  a television manufacturer of covered television equipment sold in this state
				  that is participating in a recycling leadership program under §
										328.175
				  of this title (relating to Manufacturer Recycling Leadership Program) shall,
				  individually or as a member of the recycling leadership program, submit to the
				  commission a collection report regarding the television manufacturer's
				  collection, reuse, and recycling of covered television equipment.
(b) The collection report must include:
(1) an inventory of covered television
				  equipment collection, reuse, and recycling opportunities that are currently
				  available to consumers through the individual television manufacturer or the
				  recycling leadership program in this state;
(2) documentation of collection opportunities
				  available to consumers in counties with populations of less than 50,000,
				  including an analysis of the number of collection sites available to consumers
				  in those counties compared to the number of opportunities available to
				  consumers in those counties to purchase new covered television
				  equipment;
(3) the amount by weight
				  of the covered television equipment that the individual television manufacturer
				  or the recycling leadership program collected in the two preceding calendar
				  years, separated by year;
(4)
				  documentation that the collection, reuse, and recycling of the collected
				  covered television equipment complies with §
											328.193
				  of this title (relating to Management of Collected Television
				  Equipment);
(5) documentation that
				  a financial incentive of equal or greater value to a fee charged at the time of
				  recycling is provided by the television manufacturer, if a television
				  manufacturer does charge a separate fee at the time of recycling; and
(6) documentation, including an Internet
				  address, that a television manufacturer of covered television equipment that is
				  sold in this state that participates in a recycling leadership program has
				  individually or through the recycling leadership program established and
				  implemented a public education program regarding collection, reuse, and
				  recycling opportunities that exist in this state for covered television
				  equipment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.179 - Retailer Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  retailer may order and sell only products from a television manufacturer that
				  is included on the list published under §
										328.185
				  of this title (relating to Commission Responsibilities). For purposes of this
				  subchapter, an order is considered to be the entire amount of covered
				  television equipment requested from a manufacturer at one time for the purpose
				  of sale by the retailer. A retailer shall consult that list before ordering
				  covered television equipment in this state. A retailer is considered to have
				  complied with this subsection and may sell a product in the retailer's
				  inventory if, on the date the product was ordered from the television
				  manufacturer, the television manufacturer was listed on the Internet Web site
				  described by §
										328.185(a)
				  of this title.
(b) A retailer of
				  covered television equipment shall provide to consumers in writing the
				  information published by the commission regarding the legal disposition and
				  recycling of television equipment. The information may be included with the
				  sales receipt or as part of the packaging of the equipment. Alternatively, the
				  retailer may provide the information required by this subsection through a
				  toll-free telephone number and address of an Internet Web site provided to
				  consumers.
(c) This subchapter does
				  not require a retailer to collect covered television equipment for
				  recycling.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.181 - Recycler Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section does not apply to a television manufacturer.
(b) A person who is engaged in the business
				  of recycling covered television equipment in this state shall:
(1) Register with the commission and certify,
				  as follows, that the person is in compliance with the standards adopted under
				  §
											328.193
				  of this title (relating to Management of Collected Television Equipment).
(A) All certifications shall be signed as
				  follows:
(i) For a corporation, the
				  application shall be signed by a responsible corporate officer. For purposes of
				  this clause, a responsible corporate officer means a president, secretary,
				  treasurer, or vice-president of the corporation in charge of a principal
				  business function, or any other person who performs similar policy or
				  decision-making functions for the corporation; or the manager of one or more
				  manufacturing, production, or operating facilities employing more than 250
				  persons or having gross annual sales or expenditures exceeding $25 million (in
				  second-quarter 1980 dollars), if authority to sign documents has been assigned
				  or delegated to the manager in accordance with corporate procedures. Corporate
				  procedures governing authority to sign certifications may provide for
				  assignment or delegation to applicable corporate positions rather than to
				  specific individuals.
(ii) For a
				  partnership or sole proprietorship, the certification shall be signed by a
				  general partner or the proprietor, respectively.
(iii) For a municipality, state, federal, or
				  other public agency, the certification shall be signed by either a principal
				  executive officer or a ranking elected official. For purposes of this clause, a
				  principal executive officer of a federal agency includes the chief executive
				  officer of the agency, or a senior executive officer having responsibility for
				  the overall operations of a principal geographic unit of the agency (e.g.,
				  regional administrator of the United States Environmental Protection
				  Agency).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.183 - Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) A television
				  manufacturer, retailer, or person who recycles covered television equipment is
				  not liable in any way for information in any form that a consumer leaves on
				  covered television equipment that is collected or recycled under this
				  subchapter.
(b) This subchapter
				  does not exempt a person from liability under other law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.185 - Commission Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission shall publish on a publicly accessible Internet Web site a list
				  of television manufacturers:
(1) whose
				  recovery plans have been approved by the commission, if applicable; who have
				  certified that their public education programs are in full compliance with this
				  subchapter, if applicable; and who are in compliance with the registration and
				  fee requirements of this subchapter, if applicable; or
(2) who manufacture a display device that is
				  peripheral to a computer and contains a television tuner; who collect and
				  recycle the device in accordance with Subchapter I of this chapter (relating to
				  Computer Equipment Recycling Program); and who do not manufacture any other
				  device subject to this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.187 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may conduct audits and inspections to ensure compliance with this subchapter
				  and rules adopted under this subchapter.
(b) The commission and the attorney general,
				  as appropriate, shall enforce this subchapter and, except as provided by
				  subsections (d) and (e) of this section, take enforcement action against a
				  television manufacturer, a retailer, or a person who recycles covered
				  television equipment.
(c) The
				  executive director or the attorney general may institute a suit under Texas
				  Water Code, §
										7.032, to
				  enjoin an activity related to the sale of covered television equipment in
				  violation of this subchapter.
(d)
				  The commission shall issue a warning notice to a person on the person's first
				  violation of this subchapter. The person must comply with this subchapter not
				  later than the 60th day after the date the warning notice is issued.
(e) A retailer who receives a warning notice
				  from the commission that the retailer's inventory violates this subchapter
				  because it includes covered television equipment from a television manufacturer
				  that is not in compliance with this subchapter must bring the inventory into
				  compliance with this subchapter not later than the 60th day after the date the
				  warning notice is issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.189 - Financial and Proprietary Information

Current through Reg. 49, No. 28; July 12, 2024
Financial or proprietary information submitted to the
					 commission under this subchapter is exempt from public disclosure under Texas
					 Government Code, Chapter 552.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.191 - Consumer Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  consumer is responsible for any information in any form left on the consumer's
				  covered television equipment that is collected or recycled.
(b) A consumer is encouraged to learn about
				  recommended methods for recycling covered television equipment that has reached
				  the end of its useful life by visiting the commission's and television
				  manufacturers' Internet Web sites or calling their toll-free telephone
				  numbers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.193 - Management of Collected Television Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Covered television equipment collected
				  under this subchapter must be disposed of or recycled in a manner that complies
				  with federal, state, and local law.
(b) The commission adopts, as standards for
				  recycling or reuse of covered television equipment under this subchapter, the
				  following portions of the standards in "Electronics Recycling Operating
				  Practices" as approved by the board of directors of the Institute of Scrap
				  Recycling Industries (ISRI), Incorporated, April 25, 2006. The remaining
				  portions of the standards are voluntary unless required by other law. The
				  adopted standards apply to covered television equipment recycled or reused in
				  this state. If at any time the United States Environmental Protection Agency
				  (EPA) adopts standards for recycling or reuse of television equipment that are
				  determined by the commission to be an acceptable substitute, the commission
				  may, by rule, revoke the ISRI standards and adopt the EPA standards.
(1) General requirements for recyclers.
(A) Following all efforts to refurbish or
				  reuse covered television equipment, the remaining covered television equipment
				  shall be manually dismantled for reusable components or processed for recycling
				  either in accordance with §
												328.4(b)
				  of this title (relating to Limitations on Storage of Recyclable Materials) for
				  those facilities subject to and not exempted from that section, or in
				  accordance with the following conditions for those facilities exempt from or
				  not subject to §
												328.4(b)
				  of this title.
(i) The facility can show that
				  the material is potentially recyclable and has an economically feasible means
				  of being recycled.
(ii) Every six
				  months, the amount of material that is processed for recycling (as defined in
				  §
													328.2 of
				  this title (relating to Definitions)), or transferred to a different site for
				  recycling, equals at least 50% by weight or volume of the material accumulated
				  at the beginning of the six-month period. "Every six months" starts, for a new
				  recycling facility, 180 days after opening; for an existing recycling facility,
				  180 days after the facility, under this subchapter, starts providing services
				  to a manufacturer. In calculating the percentage or turnover, the percentage
				  requirements shall be applied to each material of the same type.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.195 - Federal Preemption; Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  federal law establishes a national program for the collection and recycling of
				  covered television equipment and the commission determines that the federal law
				  substantially meets the purposes of this subchapter, the commission may adopt
				  an agency statement that interprets the federal law as preemptive of this
				  subchapter.
(b) This subchapter
				  expires on the date the commission issues a statement under this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter J - TELEVISION EQUIPMENT RECYCLING PROGRAM › Section 328.197 - Amount of Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of
				  the penalty assessed against a manufacturer that does not label its covered
				  television equipment or adopt and implement a recovery plan as required by
				  §
										328.169
				  of this title (relating to Manufacturer's Labeling Requirement) or §
										328.173
				  of this title (relating to Manufacturer's Recovery Plan and Related
				  Responsibilities) as applicable, may not exceed $10,000 for the second
				  violation or $25,000 for each subsequent violation.
(b) Except as provided by subsection (a) of
				  this section, the amount of the penalty for a violation of this subchapter may
				  not exceed $1,000 for the second violation or $2,000 for each subsequent
				  violation.
(c) A penalty under this
				  section is in addition to any other penalty that may be assessed for a
				  violation of Texas Health and Safety Code, Chapter 361, Subchapter Y or
				  Z.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter K - GOVERNMENTAL ENTITY RECYCLING AND PURCHASING OF RECYCLED MATERIALS › Section 328.200 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish
					 requirements for a governmental entity to create a recycling program and
					 provide preference for purchasing recycled materials.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter K - GOVERNMENTAL ENTITY RECYCLING AND PURCHASING OF RECYCLED MATERIALS › Section 328.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, shall
					 have the following meanings.
(1)
				  Governmental entity--A state agency, state court or judicial agency, a
				  university system or institution of higher education, a county, municipality,
				  school district, or special district.
(2) Hardship--A circumstance that causes
				  unreasonable burden on the governmental entity.
(3) Recyclable material--A material generated
				  by the entity's operations, including aluminum, steel containers, aseptic
				  packaging and polycoated paperboard cartons, high-grade office paper, and
				  corrugated cardboard.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter K - GOVERNMENTAL ENTITY RECYCLING AND PURCHASING OF RECYCLED MATERIALS › Section 328.202 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
A governmental entity shall:
(1) establish a program for the separation
				  and collection of all recyclable materials generated by the entity's
				  operations;
(2) provide procedures
				  for collecting and storing recyclable materials, containers for recyclable
				  materials, and procedures for making contractual or other arrangements with
				  buyers of recyclable materials;
(3)
				  evaluate the amount of recyclable material recycled and modify the recycling
				  program as necessary to ensure that all recyclable materials are effectively
				  and practicably recycled; and
(4)
				  establish educational and incentive programs to encourage maximum employee
				  participation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter K - GOVERNMENTAL ENTITY RECYCLING AND PURCHASING OF RECYCLED MATERIALS › Section 328.203 - Purchasing Preference for Recycled Materials

Current through Reg. 49, No. 28; July 12, 2024
A state agency, state court, or judicial agency not
					 subject to Texas Government Code, Title 10, Subtitle D, and a county,
					 municipality, school district, junior or community college, or special district
					 shall give preference in purchasing to products made of recycled materials if
					 the products meet applicable specifications as to quantity and quality and the
					 average price of the product is not more than 10% greater than the price of
					 comparable nonrecycled products. Preferences will be applied in accordance with
					 state procurement statutes and rules.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter K - GOVERNMENTAL ENTITY RECYCLING AND PURCHASING OF RECYCLED MATERIALS › Section 328.204 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  does not apply to:
(1) a school district with
				  a student enrollment of less than 10,000 students; and
(2) a municipality with a population of less
				  than 5,000, if compliance with this subchapter would create a hardship.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.1 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The purpose of these sections is to implement the provisions of the Texas Water
				Code, Chapter 28, as it applies to drilled or mined shafts, consistent with the
				policies of the Texas Water Code as stated in §1.003, §5.012, and
				§28.030.
(b) This chapter
				applies to all drilled or mined shafts and associated facilities within the
				commission's jurisdiction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definitions contained in §
									28.001 of the Texas
				  Water Code shall apply to this chapter. When used in this chapter, the
				  following words and terms shall have the following meanings, unless the context
				  clearly indicates otherwise:
(1)
				Aquifer--A geologic formation, group of formations, or part of a formation that
				is water-saturated, water-bearing, and yields water in sufficient quantities to
				provide a usable supply. Texas aquifers are classified as either major or minor
				groundwater aquifers and are defined in the most current edition of Texas
				Department of Water Resources Report No.238.
(2) Area of review--The surface area and the
				subsurface area extending horizontally not less than 2,000 feet in all
				directions from the maximum extension of a proposed or existing
				shaft.
(3) Borehole--A drilled
				penetration or an artificial opening in the ground where the depth is greater
				than its largest surface dimension and is located within 2,000 feet of a new
				shaft and penetrates a major or minor aquifer.
(4) Casing--Material used to seal off strata
				at and below the earth's surface, and to maintain the structural stability of
				shaft opening.
(5) Contaminant--Any
				physical, biological, chemical or radioactive material or matter in
				water.
(6) Formation--A body of
				soil or rock characterized by a degree of lithologic homogeneity that is
				prevailingly, but is not necessarily, tabular and is mappable on the earth's
				surface or traceable in the subsurface.
(7) Existing shaft--A shaft constructed
				before February 4, 1985 (the use of which remains unchanged thereafter), or an
				abandoned shaft.
(8) Formation
				fluid--Fluid present in a formation under natural conditions.
(9) Groundwater--Water below the land surface
				in a zone of saturation.
(10) New
				shaft--Any shaft which has not been constructed as of February 4, 1985, or any
				existing shaft or abandoned shaft which is modified or converted to a new
				purpose for which it was not being used on February 4, 1985.
(11) Pollution--The contamination of water or
				the alteration of the physical, chemical, radioactive, or biological quality of
				water:
(A) that makes it harmful, detrimental,
				or injurious to humans, animal life, vegetation, or property, or to public
				health, safety, or welfare; or
(B)
				that impairs the usefulness or the public enjoyment of the water for any lawful
				and reasonable purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.3 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any provision of this chapter, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of this
				  chapter, or the application of such provision to persons or circumstances other
				  than those as to which it is held invalid shall not be affected
				  thereby.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.4 - Construction and Use Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless excluded under subsection (b) of this section, the construction, use or
				operation of a new shaft is prohibited unless authorized by permit of the
				commission.
(b) The following
				penetrations are not within the scope of subsection (a) of this section:
(1) penetrations whose primary purpose is the
				production of ground water;
(2)
				penetrations or boreholes authorized by the commission under the underground
				injection control program;
(3)
				shafts incident to surface mines for oil and gas, iron ore, lignite, coal or
				uranium recovery regulated by the Railroad Commission of Texas;
(4) sanitary sewer lift stations and
				otherwise approved water and sewer collection, storage and distribution
				structures;
(5) penetrations
				authorized by the Texas Railroad Commission of less than 36 inch diameter whose
				primary purpose is the ventilation of underground workings or
				structures;
(6) penetrations
				authorized by the commission or the Railroad Commission of Texas whose purpose
				is the transmission of fuels, concrete slurries, muds, electrical lines,
				communications, wires or structures, or other utility transmissions, or bulk
				materials to, or recovery from underground storage facilities or mine
				workings;
(7) penetrations which
				would otherwise be defined as shafts, but which, due to local conditions, do
				not penetrate into or through a major or minor aquifer; and
(8) existing shafts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.5 - Pre-permit Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				submission of an application for permit, persons considering the construction
				of a new shaft which may be defined as a shaft subject to this chapter must
				contact the executive director and obtain a determination whether or not the
				proposed activity is subject to this chapter.
(b) The following information must be
				submitted for this determination:
(1) the
				proposed or existing location of the shaft;
(2) the activity proposed, and if applicable,
				the existing activity; and
(3) the
				proposed or, if applicable, existing depth of the shaft.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.6 - Pre-application Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons who
				are determined to be proposing a new shaft subject to this chapter must obtain
				executive director approval of plans for the drilling of an engineering design
				test hole on center or offset to the shaft and a proposed seismic reflection
				survey (geophysical survey) for the purposes of site characterization, shaft
				and seal design, and shaft decommissioning prior to submitting an application
				for permit. Plans submitted for approval shall contain specific information
				which will address the following:
(1) test
				hole-location, drilling, completion, testing, closure, surface cleanup, and mud
				pits; and
(2) seismic
				survey-location and number of lines, velocity control and accuracy of
				resolution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.7 - Test Hole and Seismic Reflection Survey

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A test hole will not be required to be drilled in conjunction with modification
				or conversion of use of an existing or abandoned shaft.
(b) Current commission and the Railroad
				Commission of Texas regulations shall be used to determine requirements for the
				mud pit construction, surface cleanup, and test hole closure
				requirements.
(c) A seismic
				reflection survey (geophysical survey) will not be required in conjunction with
				modification or conversion of use of an existing or abandoned shaft.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.8 - Application for Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A technical
				report prepared either by a registered professional engineer, or by a qualified
				person who is competent and experienced in the field to which the application
				relates or who is thoroughly familiar with the operation or project for which
				the application is made, shall be submitted as part of the application for new
				permit. At a minimum, the report shall include the following:
(1) a general description and intended
				purpose of all facilities and systems proposed to be used for, or in connection
				with, construction and operation of a shaft by mining or drilling;
(2) a surveyor's plat showing the exact
				location from property lines and survey lines, and giving the latitude and
				longitude of the shaft and a map(s) showing the location of the shaft for which
				a permit is sought, and the applicable area of review. Within the area of
				review, the map(s) must show the number, name, and location of all boreholes
				and other pertinent surface features;
(3) a tabulation of data of all boreholes
				within the applicable area of review. Such data shall include a description of
				each penetration's type, construction, date drilled, location, depth, record of
				plugging and completion, and any additional information the executive director
				may require;
(4) maps and
				cross-sections, as necessary, indicating the general vertical and lateral
				limits of aquifers within the applicable area of review, their positions
				relative to the formation, or formations, or stratigraphic units the shaft is
				constructed to reach;
(5) the text
				of the report shall discuss the geology, hydrogeology, and groundwater use and
				development within the applicable area of review; and with respect to the
				shaft: design, construction, sealing, decommissioning, mechanical integrity,
				operating procedures and monitoring.