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 E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.41 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes procedures for announcing,
					 awarding, and administering assistance grants relating to and supporting
					 household do-it-yourselfer used oil collection, reuse, and recycling activities
					 in Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.42 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The requirements of this subchapter are applicable to the
					 award or distribution, by the commission, of funds for the purpose of
					 responding to and/or complying with those authorizations and requirements set
					 forth in the Health and Safety Code, §
										371.023,
					 which relate to the awarding of grants for household do-it-yourselfer used oil
					 recycling activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.43 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The agency's authority to conduct and manage the activities
					 described in this subchapter is derived from the Used Oil Collection,
					 Management, and Recycling Act, Health and Safety Code, Chapter
					 371.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.44 - Definitions of Terms and Abbreviations

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Advisory
				  committee--A seven member, commission-appointed, committee established in
				  accordance with the Health and Safety Code, §
										371.023(c),
				  for the purpose of assisting the commission in carrying out an effective used
				  oil recycling grant program. The advisory committee shall:
(A) recommend criteria for grants;
(B) establish guidelines for allowable
				  administrative expenses; and
(C)
				  recommend grant recipients to the commission based on the used oil collection,
				  reuse and recycling needs of this state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.45 - Eligible Grant-Supported Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Assistance grants awarded under this
				  subchapter shall be for projects that feature or include one or more of the
				  following activities:
(1) curbside pickup of
				  containers of household do-it-yourselfer used oil by a local government or its
				  representative;
(2) retrofitting of
				  municipal solid waste equipment to facilitate curbside pickup of household
				  do-it- yourselfer used oil;
(3)
				  establishment of do-it-yourselfer used oil collection centers and used oil
				  collection centers at locations accessible to the public including landfills,
				  fire stations, retail stores, quick lubrication centers, and automobile repair
				  shops;
(4) provision of containers
				  and other materials and supplies that can be used to store household do-it-
				  yourselfer used oil for pickup or delivery to a do-it-yourselfer used oil
				  collection center in an environmentally sound manner; and
(5) any other do-it-yourselfer related used
				  oil activity determined eligible for receipt of grant funding by the advisory
				  committee appointed by the commission in accordance with the Health and Safety
				  Code, §
											371.023(c).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.46 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) Only those
				  local governments and private entities that encourage, and formally commit to
				  utilizing all received grant funds for the collection, reuse and recycling of
				  household do-it-yourselfer used oil shall be eligible to apply for or receive a
				  grant under this subchapter.
(b)
				  Eligible local governments and private entities desiring to receive an
				  assistance grant under this subchapter shall submit, within the time frames
				  announced by the commission pursuant to §
										328.47
				  of this title (relating to Grant Announcement and Recipient Selection), formal
				  project applications utilizing the forms and following the instructions and
				  procedures provided by the commission for such purposes.
(c) Recipient selection for any grant or
				  other assistance offered by the commission under this subchapter shall be
				  solely based on the merit of the applications and their compliance with the
				  criteria established by the advisory committee and set forth in the appropriate
				  Request for Applications.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter E - GRANTS PERTAINING TO THE COLLECTION, REUSE, AND RECYCLING OF USED OIL › Section 328.47 - Grant Announcement and Recipient Selection

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency shall announce grant funds,
				  select grant recipients, and award assistance grants under this subchapter
				  utilizing a Request for Applications (RFA). Under the RFA process, the agency
				  will:
(1) publish a formal notice in the
				  Texas Register advising eligible applicants that the commission is accepting
				  grant applications for household do-it-yourselfer used oil collection, reuse
				  and recycling projects, and that the commission will make grant awards, on a
				  first-come, first-served basis, to those entities whose applications and
				  proposed projects meet certain RFA-specified minimum requirements;
(2) make available, upon request, application
				  forms and instructions, together with the specific RFA document that sets forth
				  the established minimum requirements and criteria for application acceptance
				  and award of the grant;
(3) accept
				  and process applications, on a first-come, first-served basis; and
(4) providing budgeted funds remain
				  available, award grants to those local governments and/or private entities
				  whose applications meet the minimum standards and criteria set forth in the
				  RFA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the rules in this subchapter is to establish
					 procedures and requirements for the safe storage, transportation, processing,
					 utilization, and disposal of used or scrap tires or tire
					 pieces.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.52 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  does not preempt local ordinances regarding the management of used or scrap
				  tires that are as or more stringent than the regulations in this subchapter.
				  All persons or facilities regulated by this subchapter must comply with all
				  applicable local ordinances that are not inconsistent with the regulations in
				  this subchapter. A local ordinance is not inconsistent with this subchapter if
				  a regulated person or facility can simultaneously comply with both the state
				  and local requirements.
(b) This
				  subchapter applies to persons that are involved in the generation,
				  transportation, processing, storage, utilization, and disposal of used or scrap
				  tires or tire pieces that are classified as municipal solid waste, recyclable
				  materials, or inert fill materials. This subchapter does not apply to whole
				  used or scrap tires that are classified as industrial solid waste.
(c) All used or scrap tires or tire pieces,
				  except for tires collected incidentally by municipal solid waste collection
				  vehicles, are subject to manifesting by generators according to the
				  requirements in §
										328.58
				  of this title (relating to Manifest System).
(d) Scrap tires that are off-the-road tires
				  intended for use on heavy machinery, including, but not limited to, an earth
				  mover/dozer, a grader, or mining equipment are exempt from the time frame
				  requirements to be split, quartered, or shredded when stored at a registered
				  storage site or a permitted landfill. These tires must be shredded, split, or
				  quartered prior to disposal in a manner acceptable to the executive director.
				  The executive director may grant exceptions to this requirement as warranted by
				  the circumstances.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.55 - Registration Requirements

Current through Reg. 49, No. 28; July 12, 2024
Registration requirements for scrap tire storage sites,
					 scrap tire facilities, transportation facilities, and transporters are as
					 follows:
(1) An application for a
				  registration shall be made on a form obtained from the executive director, upon
				  request. The applicant may deliver the completed application to any commission
				  regional office or mail it to the following address: Texas Commission on
				  Environmental Quality, P.O. Box 13087, Mail Code 174, Austin, Texas 78711-3087.
				  The following registration information must be provided to the executive
				  director:
(A) the name, mailing address,
				  county, and telephone and facsimile numbers of the applicant;
(B) the name, mailing address, and telephone
				  number of the property owner where the scrap tire storage site, scrap tire
				  facility, or transportation facility is located;
(C) the street location of the scrap tire
				  storage site, scrap tire facility, or transportation facility, including
				  county;
(D) the approximate number
				  of used or scrap tires or tire pieces (in tons) that will be stored at the
				  scrap tire storage site or the scrap tire facility;
(E) the existing land use surrounding the
				  scrap tire storage site, scrap tire facility, or transportation facility;
				  and
(F) the tax identification
				  number.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.56 - Generator Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Generator
				  registration requirements include the following.
(1) Generators storing more than 500 tires
				  shall obtain a registration number from the executive director. The generator
				  must contact the executive director, identify the business as a generator,
				  provide the business name, tax identification number, mailing address, physical
				  location, and the city and county where the generator is located.
(2) The generator shall notify the executive
				  director within 15 days, in writing, of any changes to the generator
				  information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.57 - Transporter Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section establishes standards applicable to transporters
				  collecting and hauling used or scrap tires or tire pieces.
(b) Exemptions.
(1) Used or defective tires shipped back to
				  the manufacturer or manufacturer's representative for adjustment are not
				  required to be transported by a registered transporter, provided the generator
				  retains, for a period of three years, written records of the shipments,
				  indicating the date of shipment, destination and the number of tires in each
				  shipment. These records shall be made available to the executive director upon
				  request.
(2) Any person who is
				  registered with the executive director as an On-Site Sewage Facility Installer
				  under §
											285.50 of
				  this title (relating to General Requirements for Registration and
				  Certification) may transport used or scrap tires or tire pieces for
				  construction of an on-site sewage disposal system without a transporter
				  registration, but must still comply with all manifesting requirements under
				  §
											328.58
				  of this title (relating to Manifest System) and record keeping requirements in
				  subsection (d) of this section.
(3)
				  Retreaders who haul tires from customers for the purpose of retreading or who
				  return tires to customers after retreading or recapping, do not have to
				  register as transporters; however, they must register as transporters if they
				  haul tires to an authorized facility.
(4) Trucks engaged in municipal solid waste
				  collection or commercial route collection which handle incidental loads of used
				  or scrap tires or tire pieces as part of their normal household or commercial
				  collection activities, may transport such incidental small quantities of scrap
				  tires to a landfill, transfer station or other collection point for proper
				  handling without a transporter registration.
(5) Transport vehicles owned and operated by
				  municipalities, counties, or other governmental entities or agencies which are
				  used to transport used or scrap tires to an authorized facility or to a
				  facility used by local or other governmental entities or agencies to collect
				  used or scrap tires shall be exempt from registration under this section;
				  however, each load of used or scrap tires shall be manifested in accordance
				  with §
											328.58
				  of this title (relating to Manifest System).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.59 - Storage of Used or Scrap Tires or Tire Pieces

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section establishes
				  standards applicable to persons that store or intend to store more than 500
				  used or scrap tires (or weight equivalent tire pieces or any combination
				  thereof) on the ground or more than 2,000 used or scrap tires (or weight
				  equivalent tire pieces or any combination thereof) in trailers on any public or
				  privately owned property. Persons that store used or scrap tires or tire pieces
				  shall register in accordance with this subchapter. This subchapter does not
				  apply to the use of tires in the storage, protection, or production of
				  agricultural commodities.
(b)
				  General requirements.
(1) All owners and/or
				  operators shall properly register their property with the executive director if
				  the intended use of the property is for the storage of used or scrap tires or
				  tire pieces, pursuant to §
											328.55
				  of this title (relating to Registration Requirements).
(2) When a properly registered storage site
				  begins operations, the owner or operator shall file in the county deed records
				  an affidavit to the public advising that the land has been used for a tire
				  storage facility.
(3) Owners and/or
				  operators shall ensure that the tire transporters or mobile tire processors
				  that deliver scrap tires or tire pieces to their registered scrap tire storage
				  site have manifested the used or scrap tires or tire pieces, pursuant to §
											328.58
				  of this title (relating to Manifest System).
(4) Owners and/or operators of scrap tire
				  storage facilities shall obtain all required state and local permits, licenses,
				  or registrations and operate in compliance with such permits, licenses, or
				  registrations, or other applicable state and local codes.
(5) Owners and/or operators shall maintain a
				  copy of the mechanism for financial assurance on-site as specified in Chapter
				  37, Subchapter M of this title (relating to Financial Assurance Requirements
				  for Scrap Tire Sites) which shall be made available for inspection by the
				  executive director or authorized agents or employees of local governments
				  having jurisdiction to inspect the storage facility.
(6) Owners and/or operators shall submit to
				  the executive director an annual summary of their activities from January 1
				  through December 31 of each calendar year, showing the number and disposition
				  of used or scrap tires or tire pieces received, and the number of used or scrap
				  tires or tire pieces removed from the facility. The annual report shall be
				  submitted no later than March 1 of the year following the end of the reporting
				  period. The annual report shall be prepared on a form provided by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.61 - Design Requirements for Scrap Tire Storage Site

Current through Reg. 49, No. 28; July 12, 2024
(a) A scrap tire storage site shall be
				  designed so that the health, welfare and safety of operators, transporters, and
				  others who may utilize the site are maintained.
(b) A registered scrap tire storage site may
				  store scrap tires or tire pieces using outdoor or indoor tire piles or enclosed
				  and lockable containers, or a combination of any of the aforementioned methods.
				  Registered scrap tire storage sites shall be limited to a maximum of three
				  piles of whole used or scrap tires on the ground.
(1) Tire piles consisting of scrap tires or
				  tire pieces shall be no greater than 15 feet in height, nor shall the pile
				  cover an area greater than 8,000 square feet. Existing storage sites with
				  variances to the 8,000 square foot pile size limit may maintain the approved
				  pile size if approved in writing by the local fire marshal in the fire plan
				  under the current registration. Approval from the executive director and the
				  local fire marshal will be required to maintain existing pile sizes greater
				  than 8,000 square feet with renewal or amended application requests.
(2) Scrap tires or tire pieces may be stored
				  in any enclosed building or other type of covered enclosure. Where applicable,
				  local fire prevention codes must be met and appropriate precautions taken.
				  Indoor storage piles or bins shall not exceed 12,000 cubic feet with a 10-foot
				  aisle space between piles or bins.
(3) Scrap tires or tire pieces may be stored
				  in trailers provided the trailer is totally enclosed and lockable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.62 - Scrap Tire Storage Site Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) The owner/operator shall maintain on site
				  at all times: a copy of the registration application with all supporting data,
				  including the approved scrap tire storage site layout plan; the approved scrap
				  tire storage site engineering information; a copy of the latest approved
				  closure cost estimate and a copy of the current financial assurance mechanism,
				  as filed with the commission; and a copy of the commission's current rules. The
				  facility supervisor shall be knowledgeable of current commission rules; the
				  contents of the approved scrap tire storage site application; and the approved
				  scrap tire storage site in relation to the operational requirements.
(2) All drawings or other sheets prepared for
				  revisions to a scrap tire storage site layout plan or other previously approved
				  documents, which may be required by this subchapter, shall be submitted in
				  triplicate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.63 - Scrap Tire Facility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to owners or operators of facilities that
				  process, conduct energy recovery or recycle used or scrap tires or tire
				  pieces.
(b) Storage site
				  registration requirement. The applicant shall obtain a scrap tire storage site
				  registration in accordance with §
										328.60
				  of this title (relating to Scrap Tire Storage Site Registration) if the
				  applicant seeking registration for a scrap tire facility:
(1) intends to have more than a 30 calendar
				  day supply of tires at the facility site; or
(2) is solely a scrap tire processing
				  facility with no recycling or energy recovery conducted on-site and intends to
				  store in excess of 500 used or scrap tires (or weight equivalent tire pieces or
				  any combination thereof) on the ground or 2,000 used or scrap tires (or weight
				  equivalent tire pieces or any combination thereof) in trailers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.64 - Requirements for a Scrap Tire Transportation Facility

Current through Reg. 49, No. 28; July 12, 2024
Any person storing tires for periods longer than 30
					 calendar days at transportation facilities such as marine terminals, rail yards
					 or trucking facilities, shall register the facility with the executive director
					 on a form provided by the executive director and comply with all applicable
					 requirements in §
										328.55
					 of this title (relating to Registration Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.65 - Tire Monofill Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with §330.4(a) of this title (relating to Permit Required), no
				  person may cause, suffer, allow, or permit the underground disposal or
				  placement of tires or tire pieces into a tire monofill unless that activity is
				  authorized by a permit from the commission. No person may begin physical
				  construction of a tire monofill without first having submitted a permit
				  application in accordance with §§ 330.50-330.65(a)
				  of this title (relating to Permit Procedures) and received a permit from the
				  commission.
(b) A separate permit
				  is not required for the underground disposal or placement of tires or tire
				  pieces into a tire monofill if the underground disposal or placement occurs
				  within the permit boundary at a permitted municipal solid waste landfill site.
				  Such disposal or placement shall be conducted only as authorized by the
				  approved site development plan, or by a permit modification or amendment, as
				  appropriate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.69 - Public Notice of Intent to Operate

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Scrap tire storage sites that are registered with the executive director shall
				  publish notice in the county where they intend to store used or scrap tires or
				  tire pieces before beginning operation. Notice shall be published in a
				  newspaper of general circulation. Subject to executive director approval, a
				  variance to the public notice requirement may be requested provided that
				  similar notice has been published within the previous 12-month period and that
				  the notice was associated with activities under the jurisdiction of this
				  subchapter.
(b) Scrap tire
				  facilities that are registered with the executive director and have submitted
				  an application amendment to request a variance from the 8,000 square feet pile
				  size shall publish notice of intent to increase the pile size in accordance
				  with this section.
(c) The notice
				  of intent published by the scrap tire storage site owner shall contain at a
				  minimum the following information:
(1) the
				  facility registration number;
(2)
				  the name under which the facility registration number was issued;
(3) the permanent street address and
				  telephone number of the facility;
(4) a brief statement explaining the
				  utilization activities the facility intends to perform at the
				  location;
(5) where the tires
				  intended for utilization or already utilized will be stored, if different from
				  the actual facility site; and
(6)
				  the number of tire piles planned for the storage facility and the square
				  footage of the largest pile planned.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.70 - Motion to Overturn

Current through Reg. 49, No. 28; July 12, 2024
A person affected by a registration or Land Reclamation
					 Projects Using Tires under this chapter may file a Motion to Overturn pursuant
					 to §
										50.139
					 of this title (relating to Motion to Overturn Executive Director's Decision),
					 notwithstanding §
										50.131
					 of this title (relating to Purpose and Applicability).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.71 - Closure Cost Estimate for Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) As part of a facility's registration
				  application, an owner or operator of a scrap tire storage site must prepare a
				  written estimate, certified by a professional engineer, in current dollars, of
				  the cost of hiring a third party to close the facility(ies). The closure cost
				  for scrap tire storage sites is determined by the sum of paragraphs (1) and (2)
				  of this subsection:
(1) The estimated cost
				  for a third party to transport and dispose of the maximum site capacity of used
				  or scrap tires and tire pieces as depicted by the site layout plan. The
				  estimate shall include equipment and operator time for loading tires and
				  disposal costs.
(2) The estimated
				  cost for a third party to complete cleanup of the site of any and all debris,
				  as well as dismantling any equipment used in the processing of whole tires into
				  shreds or used to recycle whole tires or shredded tires into manufactured
				  products, securing the site, and preventing access to the equipment or removing
				  it from the site to a location acceptable to the executive director; or the
				  amount of $3,000, whichever is greater.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter G - NEWSPRINT RECYCLING › Section 328.101 - General Guidelines and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Target recycling percentages. In order to
				  bring about a significant state-wide increase in newsprint recycling, newspaper
				  publishers are encouraged to take whatever measures may be necessary to ensure
				  that their publishing businesses meet or exceed the target recycling
				  percentages set forth in paragraph (1) of this subsection. In the event a
				  newspaper publisher chooses to purchase newsprint with less than 25%
				  postconsumer recycled content, the agency will consider legislative intent to
				  be achieved if that publisher meets or exceeds the alternative aggregate
				  recycling content standards set forth in paragraph (2) of this subsection.
(1) Newspaper publishers should obtain and
				  utilize newsprint such that the percentage of "recycled newsprint," as defined
				  in §
											328.100
				  of this title (relating to Purpose and Definitions), in the overall total
				  amount of newsprint purchased each year is at least:
(A) 10% by the end of calendar year
				  1993;
(B) 20% by the end of
				  calendar year 1997; and
(C) 30% by
				  the end of calendar year 2000.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter G - NEWSPRINT RECYCLING › Section 328.102 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
The agency shall assure easy access of information among
					 all parties affected by these sections and shall establish a data filing system
					 that will allow all parties to easily monitor the progress of the recycling
					 program set forth in these sections. Specifically, the agency shall:
(1) maintain up-to-date listings of, and data
				  from, municipalities, towns, local organizations, and other generators of
				  recyclable paper and newsprint, concerning both present and planned newsprint
				  recycling and collection activities and the overall availability of such
				  recyclable material within the state;
(2) provide, to recyclers of old newspapers
				  and other recyclable paper materials, acceptability requirements and
				  specifications with respect to materials destined for de-inking plants and
				  recycled paper mills;
(3) maintain
				  a roster of current newspaper publishers, wastepaper dealers, commercial
				  printers, as well as paper and paperboard mills who buy, sell, recover or
				  consume wastepaper in Texas and in other states;
(4) in cooperation with various state
				  agencies and officials, publishers, and other parties, assist in the
				  development of those education strategies and market development programs
				  described in §
										361.423
				  of the Health and Safety Code, which are designed to promote newsprint
				  recycling; and
(5) work closely
				  with Texas Daily Newspaper Association, the Texas Press Association,
				  manufacturers of newsprint containing postconsumer recovered material, and
				  citizen groups concerned with recycling, to monitor problems and issues
				  regarding newsprint quality and the availability of "recycled
				  newsprint."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter G - NEWSPRINT RECYCLING › Section 328.103 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Preprinted
				  reports. Newspaper publishers may use standard forms, to be provided by the
				  commission, to submit annual reports required by this section, concerning the
				  publishers' use of recycled newsprint.
(b) Due date. Texas newspaper publishers
				  shall be responsible for returning a completed report to the commission on or
				  before January 31 of each year for the immediately preceding calendar
				  year.
(c) Report content. The
				  report shall contain the following information:
(1) name, mailing address, physical address,
				  and telephone number of the newspaper manufacturer or supplier or corporate
				  media group from which newsprint purchases were made during the preceding
				  calendar year;
(2) the total amount
				  of newsprint purchased during the calendar year (in metric tons);
(3) the total amount of "recycled newsprint,"
				  as defined in §
											328.100
				  of this title (relating to Purpose and Definitions), purchased during the
				  calendar year (in metric tons);
(4)
				  the percentage, of the total newsprint purchased during the calendar year,
				  which in accordance with §328.100 qualified as "recycled
				  newsprint;"
(5) if the reporting
				  party chooses to comply with the alternative target recycling percentages in
				  §328.101 (relating to General Guidelines and Requirements), the percentage
				  reflecting the aggregate postconsumer recycled content of the total amount of
				  newsprint purchased during the calendar year; and
(6) in the event the publisher fails during
				  the preceding year to meet the voluntary requirements set forth in §
											328.101
				  of this title (relating to General Guidelines and Requirements), the publisher
				  shall indicate the following:
(A) whether or
				  not the publisher was able to obtain sufficient quantities of "recycled
				  newsprint,"or other newsprint containing certified minimum percentages of
				  postconsumer recovered material, on a timely basis, at roughly the same net
				  cost, and having satisfactory quality;
(B) whether or not the publisher attempted to
				  obtain "recycled newsprint," or other newsprint containing certified minimum
				  percentages of postconsumer recovered material, from every manufacturer or
				  supplier that offered to sell such newsprint to the publisher; and
(C) such publisher's specific efforts to
				  obtain "recycled newsprint," including the name and address of each producer of
				  newsprint that the publisher contacted, as well as the name and telephone
				  number of the contact person representing each of those producers.
(7) Annual reports shall be
				  submitted to the agency address identified on the annual report.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter G - NEWSPRINT RECYCLING › Section 328.104 - Joint Review

Current through Reg. 49, No. 28; July 12, 2024
The agency shall schedule periodic meetings with
					 representatives from the newsprint manufacturing and newspaper publishing
					 industries to evaluate the effectiveness of the requirements set forth in these
					 sections, to compare the newspaper recycling progress in Texas with that in
					 other states, and to consider whether revisions to these sections may be
					 warranted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter G - NEWSPRINT RECYCLING › Section 328.105 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
If the agency finds that, on a state-wide basis, voluntary
					 actions alone on the part of newsprint manufacturers, newsprint suppliers, and
					 newspaper publishers fail to achieve the target recycling percentages set forth
					 in §
										328.101
					 of this title (relating to General Guidelines and Requirements), the commission
					 may, after considering all relevant factors, including but not limited to
					 function, availability and cost, adopt mandatory enforcement measures designed
					 to further increase the amount of newsprint recycling in the state and to
					 ensure that the state-wide goals are achieved.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter H - SYMBOLS FOR CERTAIN PLASTIC CONTAINERS › Section 328.120 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish procedures
					 and requirements for the labeling of certain plastic
					 containers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter H - SYMBOLS FOR CERTAIN PLASTIC CONTAINERS › Section 328.121 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The sections in this subchapter are applicable to persons
					 who are involved in the manufacturing or distribution of a plastic bottle or
					 rigid plastic container regulated by the commission pursuant to the Texas
					 Health and Safety Code, §§
										369.001-369.002.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter H - SYMBOLS FOR CERTAIN PLASTIC CONTAINERS › Section 328.122 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Plastic--A material
				  made of polymeric organic compounds and additives that can be shaped by
				  flow.
(2) Plastic bottle--A plastic
				  container that:
(A) has a neck smaller than
				  the body of the container;
(B) is
				  designed for a screw top, snap cap, or other closure; and
(C) has a capacity of not less than 16 fluid
				  ounces or more than five gallons.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter H - SYMBOLS FOR CERTAIN PLASTIC CONTAINERS › Section 328.123 - Symbols for Certain Plastic Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not manufacture or
				  distribute a plastic bottle or rigid plastic container unless the appropriate
				  symbol indicating the plastic resin used to produce the bottle or container is
				  molded into or imprinted on the bottom or near the bottom of the bottle or
				  container.
(b) A plastic bottle or
				  rigid plastic container with a base cup or other component of a material
				  different from the basic material used in making the bottle or container shall
				  bear the symbol indicating its basic material.
(c) The symbols used under this section must
				  consist of a number placed within a triangle of arrows and of letters placed
				  below the triangle of arrows. The triangle must be equilateral, formed by three
				  arrows with the apex of each point of the triangle at the midpoint of each
				  arrow, rounded with a short radius. The arrowhead of each arrow must be at the
				  midpoint of each side of the triangle with a short gap separating the arrowhead
				  from the base of the adjacent arrow. The triangle formed by the arrows must
				  depict a clockwise path around the number.
(d) The numbers, letters of the symbols, and
				  the plastic resins represented by the symbols are:
(1) 1 and PETE, representing polyethylene
				  terephthalate;
(2) 2 and HDPE,
				  representing high density polyethylene;
(3) 3 and V, representing vinyl;
(4) 4 and LDPE, representing low density
				  polyethylene;
(5) 5 and PP,
				  representing polypropylene;
(6) 6
				  and PS, representing polystyrene; and
(7) 7 and OTHER, representing all other
				  resins, including layered plastics of a combination of materials.
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 328.131 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to:
(1) help establish a
				  comprehensive, convenient, and environmentally sound program for the
				  collection, recycling, and reuse of used computer equipment; and
(2) establish requirements for persons that
				  manufacture or sell new computer equipment.
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 328.133 - Applicability and Effective Date

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The collection, recycling, and reuse provisions of this subchapter:
(1) apply exclusively 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
(2) do not impose any obligation on an owner
				  or operator of a solid waste facility.
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 328.135 - 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) Computer--A desktop computer or notebook
				  computer.
(3) Computer equipment--A
				  desktop or notebook computer, including a computer monitor or other display
				  device that does not contain a tuner. Computer equipment includes its
				  accompanying keyboard and mouse if the keyboard and mouse are from the same
				  manufacturer as the computer equipment.
(4) Consumer--An individual who uses computer
				  equipment that is purchased primarily for personal or home business
				  use.
(5) Desktop computer--An
				  electronic, magnetic, optical, electrochemical, or other high-speed data
				  processing device performing logical, arithmetic, or storage functions; not
				  including an automated typewriter or typesetter. A desktop computer has a main
				  unit that is intended to be located in a permanent location, often on a desk or
				  on the floor. A desktop computer is not designed for portability and generally
				  utilizes an external monitor, keyboard, and mouse.
(6) Laptop (or notebook) computer--An
				  electronic, magnetic, optical, electrochemical, or other high-speed data
				  processing device performing logical, arithmetic, or storage functions; not
				  including a portable handheld calculator, or a portable digital assistant or
				  similar specialized device. A notebook computer has an incorporated video
				  display greater than four inches in size and can be carried as one unit by an
				  individual. A notebook computer is sometimes referred to as laptop computer, or
				  tablet computer.
(7)
				  Manufacturer--A person:
(A) who manufactures
				  or manufactured computer equipment under a brand that:
(i) the person owns or owned; or
(ii) the person is or was licensed to use,
				  other than under a license to manufacture computer equipment for delivery
				  exclusively to or at the order of the licensor;
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 328.137 - Manufacturer Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before a manufacturer may offer computer equipment for sale in this state, the
				  manufacturer shall:
(1) adopt and implement a
				  recovery plan; and
(2) affix a
				  permanent, readily visible label to the computer equipment with the
				  manufacturer's brand(s).
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 328.139 - Retailer Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who is a retailer of computer equipment may not sell or offer to sell
				  new computer equipment in this state unless the equipment is labeled with the
				  manufacturer's brand(s) and the manufacturer is included on the commission's
				  list of manufacturers that have recovery plans and have notified the commission
				  that they have a compliant collection program.
(b) Retailers can go to the commission's
				  Internet site and view all manufacturers that are listed as having recovery
				  plans and having notified the commission that they have a compliant collection
				  program. Computer equipment from manufacturers on that list may be sold in or
				  into the State of Texas.
(c) A
				  retailer is not required to collect computer equipment for recycling or reuse
				  under this subchapter unless the retailer is also a manufacturer as defined by
				  §
										328.135(7)
				  of this title (relating to Definitions). This does not mean that a retailer who
				  is also a manufacturer has to collect computer equipment at a retail
				  outlet.
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 328.141 - Consumer Responsibilities and Commission 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 computer
				  equipment that is collected, recycled, or reused.
(b) A consumer is encouraged to learn about
				  recommended methods for recycling and reuse of used computer equipment by
				  visiting the commission's and manufacturers' Internet sites.
(c) The commission shall educate consumers
				  regarding the collection, recycling, and reuse of computer equipment.
(d) The commission shall host or designate
				  another person to host an Internet site providing consumers with information
				  about the recycling and reuse of computer equipment, including best management
				  practices and information about, and links to, information on:
(1) manufacturers' collection, recycling, and
				  reuse programs, including manufacturers' recovery plans; and
(2) computer equipment collection events,
				  collection sites, and community computer equipment recycling and reuse
				  programs.