Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS › Subchapter H - RADIOACTIVE SUBSTANCES AND MATERIALS EMERGENCY ORDERS › Section 35.501 - Emergency Orders Relating to Radioactive Substances

Current through Reg. 49, No. 28; July 12, 2024
(a) When an emergency exists as a result of a
				  matter under the commission's jurisdiction that requires immediate action to
				  protect the public health or safety or the environment, the commission or
				  executive director may issue an emergency order under Texas Water Code, §
										5.516,
				  and Texas Health and Safety Code, §
										401.056.
(b) The commission or executive director may
				  issue an emergency order directing any action or corrective measure needed to
				  correct or remove the threat to public health or safety or the environment when
				  the commission or executive director determines that radioactive substances
				  under its jurisdiction threatens the public health or safety or the environment
				  and that the licensee managing the radioactive substances is unable to remove
				  the threat.
(c) An emergency order
				  issued under this section takes effect immediately. A person to whom an
				  emergency order is directed shall comply immediately with that order.
(d) The emergency order shall be delivered to
				  the person to whom the order is directed by hand delivery or by certified mail,
				  return receipt requested. Affidavit of personal service, proof of mailing to
				  the proper address, or the receipt shall be conclusive evidence of
				  service.
(e) If the commission or
				  executive director issues the emergency order without notice or hearing, the
				  commission shall provide the person to whom the order is directed an
				  opportunity for a hearing on written request within 30 days of the date of the
				  order. If a hearing is requested, notice of the hearing shall be given to the
				  person to whom the order is directed by hand delivery or certified mail, return
				  receipt requested, at least ten days before the hearing. A requested hearing
				  shall be held not earlier than the 11th day and not later than the 20th day
				  following the date of receipt of the hearing request.
(f) All provisions of the emergency order
				  shall remain in full force and effect during the pendency of a hearing, unless
				  otherwise altered by the commission. At the conclusion of the hearing and after
				  the proposal for decision is made, the commission shall make a determination to
				  affirm, modify, or revoke the emergency order and may modify, revoke, or
				  suspend the license based on the determination made.
(g) The commission shall use the financial
				  assurance mechanism provided by a licensee to pay the costs of actions and
				  corrective measures that are taken or that are to be taken under this section.
				  The commission shall use this financial assurance mechanism under the procedure
				  set out in Texas Health and Safety Code, Chapter 401.
(h) If the costs of actions and corrective
				  measures require more funds than the financial assurance mechanism has
				  provided, the commission shall request the attorney general to seek
				  reimbursement from the licensee or person causing the threat.
(i) The commission shall seek reimbursement
				  through a commission order or shall request the attorney general to file suit
				  for reimbursement if the commission uses the funds provided by the licensee for
				  security under Texas Health and Safety Code, Chapter 401, to pay for actions or
				  corrective measures to remedy spills or contamination by radioactive material
				  resulting from a violation of the Texas Radiation Control Act (TRCA), the rules
				  of this chapter, or a license or order issued by the commission under the TRCA
				  or this chapter.