reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter F - POST HEARING PROCEDURES › Section 80.276 - Request for Extension to File Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If an adversely affected party or the
				  party's attorney of record does not receive the notice or acquire actual
				  knowledge of a signed commission decision or order before the 15th day after
				  the date that the decision or order is signed, a period specified by or agreed
				  to under Texas Government Code, §§
										2001.144(a),
				  2001.146
										2001.147,
				  2001.176(a),
				  or §
										80.272 of
				  this title (relating to Motion for Rehearing) relating to a decision or order
				  or motion for rehearing begins, with respect to that party, on the date the
				  party receives the notice or acquires actual knowledge of the signed decision
				  or order, whichever occurs first. The period may not begin earlier than 15 days
				  or later than 90 days after the date that the decision or order was
				  signed.
(b) To establish a revised
				  period under subsection (a) of this section, the adversely affected party must
				  prove, on sworn motion and notice, that the date the party received notice from
				  the commission or acquired actual knowledge of the signing of the decision or
				  order was at least 15 days after the date that the decision or order was
				  signed.
(c) The commission must
				  grant or deny the sworn motion not later than the date of the commission's next
				  agenda meeting for which proper notice can be provided.
(d) If the commission fails to grant or deny
				  the motion at the commission's next agenda meeting for which proper notice can
				  be provided, the motion is considered granted.
(e) If the sworn motion filed under
				  subsection (b) of this section is granted with respect to the party filing that
				  motion, all the periods specified by or agreed to under Texas Government Code,
				  §§
										2001.144(a),
				  2001.146,
				  2001.147,
				  2001.176(a),
				  or §
										80.272 of
				  this title relating to a decision or order, or motion for rehearing, shall
				  begin on the date specified in the sworn motion that the party first received
				  the notice required by Texas Government Code, §
										2001.142(a)
				  and (b) or acquired actual knowledge of the
				  signed decision or order. The date specified in the sworn motion shall be
				  considered the date the decision or order was signed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter F - POST HEARING PROCEDURES › Section 80.277 - Appeals of Enforcement Orders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Within the 30-day period immediately following the day on which the
				  commission's order in a contested case is final, in accordance with the APA,
				  the person charged with a penalty shall pay the penalty in full.
(b) The person assessed a penalty by the
				  commission may suspend enforcement of the penalty while seeking judicial review
				  by forwarding the amount of the penalty to the commission for placement in an
				  escrow account or posting with the commission a supersedeas bond payable to the
				  Texas Natural Resource Conservation Commission for the amount of the penalty,
				  within the 30-day period immediately following the day on which the
				  commission's order is final.
(c) In
				  the event the person assessed fails to take any of the actions in subsections
				  (a) or (b) of this section, the executive director or an authorized
				  representative may forward the matter to the attorney general for
				  enforcement.
(d) In the event that
				  the final appellate determination is against the person assessed a penalty, he
				  or she shall pay the commission the full amount of the penalty, and the
				  commission shall deposit the amount of the penalty in the state treasury to the
				  credit of the general revenue fund.
(e) To the extent that the final appellate
				  determination is in favor of the person assessed, he or she shall be absolved
				  of liability for payment of that portion of the amount of the penalty as is
				  required to comply with that determination, and the commission shall return
				  that amount of the penalty assessed which is excessive according to that
				  determination, or any amount of the supersedeas bond or escrow account filed
				  with the commission for the purpose of suspending the enforcement of the
				  penalty while seeking judicial review which is in excess of the final penalty
				  determination with a certificate of its return.
(f) Any supersedeas bond or escrow account
				  filed with the commission for the purpose of suspending the enforcement of the
				  penalty while seeking judicial review of the final decision of the commission
				  shall be drawn according to a form on file in the Office of the Chief Clerk.
				  Upon request, the chief clerk shall certify the receipt of the amount of any
				  penalty received by the commission for the purpose of suspending the
				  enforcement of the penalty while seeking judicial review.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter F - POST HEARING PROCEDURES › Section 80.279 - Costs of Record on Appeal

Current through Reg. 49, No. 28; July 12, 2024
A party who appeals a final decision in a contested case
					 shall pay all costs of preparation of the original or a certified copy of the
					 record of the agency proceeding that is required to be transmitted to the
					 reviewing court. A charge imposed as provided by this section is considered to
					 be a court cost and may be assessed by the court in accordance with the Texas
					 Rules of Civil Procedure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter A - GENERAL › Section 86.1 - Special Procedures To Prevail

Current through Reg. 49, No. 28; July 12, 2024
This chapter supplements Chapter 80 of this title (relating
					 to Contested Case Hearings) by providing special procedures to be followed for
					 particular types of hearings. Whenever there is a conflict between this chapter
					 and Chapter 80 of this title, this chapter prevails.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.11 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This subchapter applies to
				  the commission's duties, responsibilities, and activities under the Water
				  Rights Adjudication Act of 1967, Texas Water Code, §§
										11.301, et
				  seq.
(b) Motions. A motion may be
				  filed with the commission as provided by § 80.56 of this title (relating
				  to Motions), with copies served only on those parties participating in the
				  evidentiary hearing; except that, if there are other parties whose interests
				  are likely to be substantially affected by the relief sought in the motion,
				  copies shall be served on each such party or his representative.
(c) Mailing list. The commission shall
				  maintain an official mailing list for each stream or segment being adjudicated,
				  which shall include the following:
(1) the
				  persons within the stream or segment being adjudicated who filed claims in
				  accordance with Texas Water Code, §
											11.307;
(2) all other persons who filed claims under
				  Texas Water Code, §
											11.303,
				  or who have permits or certified filings within the segment being
				  adjudicated;
(3) all other
				  diverters of state water within the segment being adjudicated who can be
				  reasonably ascertained from the records of the commission or from the executive
				  director's investigation;
(4) all
				  attorneys or other interested persons who request to be put on the mailing
				  list, either in writing or on the record during one of the hearings in the
				  adjudication; and
(5) all
				  contesting parties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.12 - Prehearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation of
				  adjudication. The water rights in any stream or segment may be adjudicated as
				  provided in Texas Water Code, §
										11.304:
(1) on motion of the commission;
(2) on petition to the commission signed by
				  ten or more claimants of water rights from the source of supply; or
(3) on petition of the Texas Water
				  Development Board.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.13 - Jurisdiction Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Hearings in each adjudication segment will begin with a hearing to establish
				  the commission's jurisdiction to adjudicate all claims of water rights in the
				  stream or segment and to provide information concerning the
				  adjudication.
(b) Procedure.
				  Exhibits will be introduced to evidence jurisdiction. The qualifications of the
				  project engineer or project manager, and any assistants, will be examined and
				  ruling made on their abilities to testify in the upcoming individual
				  evidentiary hearings as expert witnesses. The expert witnesses so qualified
				  will remain under oath throughout all hearings in the adjudication of the
				  stream or segment.
(c) Question and
				  answer. The commission will entertain questions of general concern to all
				  parties in the adjudication from any person attending the hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.14 - Procedure at Individual Evidentiary Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Opening statements and exhibits. The
				  commission will call up the individual claim and entertain any opening
				  statement on behalf of any party. Exhibits may be tendered into evidence after
				  the parties present are provided an opportunity to view them.
(b) Order of presentation. Unless otherwise
				  directed by the commission, the hearing will proceed as follows:
(1) after the introduction of exhibits, the
				  project engineer or project manager will orient the parties to facts concerning
				  the claim derived from his investigation;
(2) the claimant will present evidence
				  concerning the claim;
(3) the
				  executive director may then present evidence;
(4) upon completion of presentation by the
				  claimant and the executive director, any other party may offer relevant
				  evidence; and
(5) closing arguments
				  will be entertained.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.15 - Preliminary Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Preparation
				  of judge's recommendations. A judge presiding at the individual evidentiary
				  hearings or one who has read the record shall prepare written recommendations,
				  including proposed findings of fact and conclusions of law, in regard to each
				  individual claim and shall submit his recommendations and the record of the
				  hearing to the commission for its consideration.
(b) Preparation of preliminary determination.
				  After reviewing any judge's recommendations and the record of the hearings, the
				  commission shall adopt a preliminary determination of all claims of water
				  rights in the segment being adjudicated as required by Texas Water Code, §
										11.309.
(c) Distribution of preliminary
				  determination. One copy of the preliminary determination shall be furnished and
				  sent without charge by first-class mail to each person on the mailing list.
				  Additional copies of the preliminary determination shall be made available for
				  public inspection at convenient locations throughout the river basin as
				  designated by the commission. Copies shall also be made available for other
				  persons at a reasonable price based upon the cost of production.
(d) Public inspection of record. The record
				  of the hearings shall be open to public inspection as required by the Public
				  Information Act, and Texas Water Code, §
										11.310.
(e) Notice of preliminary determination. The
				  commission shall publish notice of the preliminary determination.
(1) Promptly after the preliminary
				  determination is adopted, notice shall be published once a week for two
				  consecutive weeks in one or more newspapers having general circulation in the
				  river basin in which the segment that is the subject of the adjudication is
				  located.
(2) The commission shall
				  also send the notice by first-class mail to each claimant of water rights
				  within the river basin in which the stream or segment is located, to the extent
				  that the claimants can be reasonably ascertained from the records of the
				  commission, and to other persons on the mailing list.
(3) Each notice shall state the following:
(A) the place where the preliminary
				  determination and record of the hearings will be open for public
				  inspection;
(B) the locations
				  throughout the river basin where copies of the preliminary determination will
				  be available for public inspection;
(C) the method of ordering copies of the
				  preliminary determination and the charge for copies; and
(D) the date by which contests of the
				  preliminary determination must be filed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.16 - Contests to Preliminary Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing deadline. The commission shall set
				  a date for filing contests to the preliminary determination, which shall be not
				  less than 90 days from the date of the notice of the preliminary
				  determination.
(b) Filing of
				  contest. Any water right claimant affected by the preliminary determination,
				  including any claimant to water rights within the river basin, but outside the
				  segment under adjudication, who disputes the preliminary determination may,
				  within the time for filing contests prescribed by the commission in the notice,
				  including any extensions of time, file a written contest with the
				  commission.
(c) Copy of contest to
				  claimant. If the contest is directed against the preliminary determination of
				  the water rights of other claimants, a copy shall be sent by the contestant to
				  each of these claimants or his representative by certified mail, and proof of
				  service shall be filed with the commission.
(d) Extension of time for filing contests.
				  The commission may accept contests filed after the deadline but before the
				  issuance of the notice of hearings on the contests.
(e) Contents of contests. Each contest shall
				  do the following:
(1) state the name of the
				  claimant, nature of the claim, and the page number in the preliminary
				  determination to which the contest is directed;
(2) describe the specific parts of the
				  preliminary determination to which objection is made, pointing out the specific
				  findings of fact, conclusions of law, or other matters objected to, or
				  specifying the findings of fact, conclusions of law, or other matters alleged
				  to have been erroneously omitted from the preliminary determination;
				  and
(3) describe the facts relied
				  upon to support the grounds of the contest and be verified by an affidavit of
				  the contestant or his representative.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.17 - Procedure at Contest Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Jurisdiction. The commission shall consider evidence concerning
				  jurisdiction.
(b) Individual cases
				  and order of presentation. Unless otherwise directed by the commission, the
				  hearing will proceed as follows:
(1) the
				  contestant and all other parties may make opening statements;
(2) the project manager or project engineer
				  will orient the commission and the parties to the claim involved in the
				  contest;
(3) the contestant will
				  present evidence in support of the contest;
(4) evidence may be presented by the
				  executive director;
(5) any other
				  party may present evidence relevant to the particular contestant's
				  case.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter B - WATER RIGHTS ADJUDICATION › Section 86.18 - Final Determination and Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposed final determination. When a
				  majority of the commission has not heard the contest or read the record, the
				  judge who presided at the contest hearing or one who has read the record shall
				  prepare a proposal for final determination and shall send it by first-class
				  mail to all persons on the commission's mailing list. The proposed final
				  determination shall contain a statement of the reasons therefore and a
				  statement of each finding of fact and conclusion of law stated separately
				  necessary to support the proposed final determination. Any party adversely
				  affected may file exceptions and present briefs to the commission concerning
				  the proposal for final determination within the time limit stated in the notice
				  of the proposal for final determination. The parties may waive compliance with
				  this rule by written stipulation filed with the commission.
(b) Final determination. The adjudication
				  hearings shall be closed at the conclusion of the last contest hearing. The
				  commission will make a final determination of the claims to water rights in the
				  adjudication within 60 days after the closing of the adjudication hearings,
				  provided that where the case was not heard by the commission, the judge may set
				  a reasonable time for the issuance of a final determination and shall announce
				  such extension at the closing of the adjudication hearings. The commission
				  shall send a copy of the final determination, and any modification thereof, by
				  first-class mail to each person of record on the mailing list as required by
				  Texas Water Code, §
										11.315.
(c) Notice of final determination. The
				  commission shall send a notice of the final determination by first-class mail
				  to each claimant of water rights within the river basin in which the segment is
				  located, to the extent that the claimants can be reasonably ascertained from
				  the records of the commission, and to each other person on the commission's
				  mailing list.
(1) Each notice shall state the
				  following:
(A) the place that the final
				  determination and record of hearings will be open for public
				  inspection;
(B) the method of
				  ordering copies of the final determination and the cost of copies;
				  and
(C) the date by which
				  applications for rehearing must be filed, which shall be 30 days from the date
				  of issuance of the final determination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.51 - General

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to appeals to the commission from
					 actions of a city relating to water pollution control and abatement outside the
					 corporate limits of such city, initiated under Texas Water Code, §
										26.177(c).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.52 - Petition by an Affected Person

Current through Reg. 49, No. 28; July 12, 2024
Any person affected by a city's ruling, order, decision,
					 ordinance, program, resolution, or any other act, relating to water pollution
					 control and abatement outside the corporate limits of such city and adopted
					 under Texas Water Code, §
										26.177,
					 or any other statutory authorization, may appeal the city's action by filing a
					 petition for review with the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.53 - Issues on Appeal

Current through Reg. 49, No. 28; July 12, 2024
The issues on appeal are whether the action or program of
					 the city is invalid, arbitrary, unreasonable, inefficient, or ineffective in
					 its attempt to control water quality.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.54 - Prerequisites to Appeal

Current through Reg. 49, No. 28; July 12, 2024
The following are prerequisites to appeal under Texas Water
					 Code, §
										26.177(c).
(1) Filing of a petition. Any appeal to the
				  commission under this subchapter requires the filing of a petition for review
				  with the executive director within 60 days of the enactment of the ruling,
				  order, decision, ordinance, program, resolution, or act of the city. The
				  petition must be accompanied by a certificate of service.
(2) Service of pleadings. A copy of the
				  petition for review and all other pleadings shall be mailed by first-class mail
				  or delivered to the city whose action is being appealed.
(3) Filing fee. Each petition shall be
				  accompanied by a filing fee of $100.
(4) Hearing. A time and place for hearing on
				  the matter(s) in dispute shall be set and the commission shall issue notice of
				  the time and place of hearing. The party seeking commission action is
				  responsible for the cost of required notice.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.55 - Contents of Petition for Review

Current through Reg. 49, No. 28; July 12, 2024
The petition shall contain:
(1) the name of the party seeking commission
				  action, with the original copy of the pleading signed by the petitioner or the
				  petitioner's authorized representative;
(2) the business phone number and address of
				  the city whose action is being appealed and the city's authorized
				  representative, if any;
(3) a clear
				  and concise statement that the petition for review is an appeal of a specific
				  action of the municipality in question, as well as a concise description and
				  date of the action;
(4) a copy of
				  the applicable ruling, order, decision, ordinance, program, resolution, or
				  other act of the city, if any;
(5)
				  a list of the known persons and areas which might be affected if the petition
				  is granted;
(6) a concise statement
				  of the facts relied upon by the pleader;
(7) a prayer stating the type of relief,
				  action, or order desired by the pleader; and
(8) any other matter required by
				  statute.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.56 - Answer

Current through Reg. 49, No. 28; July 12, 2024
Not later than the 20th day after the date on which the
					 city receives a copy of the petition for review, the city may submit to the
					 executive director an answer in defense of the action from which the appeal is
					 taken.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.57 - Review by Commission

Current through Reg. 49, No. 28; July 12, 2024
The commission shall hear the appeal and may, in its final
					 order, affirm, overturn, or modify the action of the city from which the appeal
					 was taken. The commission, on its own motion, or at the request of any party to
					 an appeal, may refer the appeal to SOAH for hearing prior to commission
					 decision. If the commission issues an order without prior referral to SOAH, the
					 record on any appeal from the commission's order under §
										86.59
					 of this title (relating to Appeal of Commission Order) shall include the
					 pleadings of all parties, including attachments, and the argument and testimony
					 before the commission, except where specifically indicated in the commission's
					 order.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.58 - Consolidation

Current through Reg. 49, No. 28; July 12, 2024
The commission may consolidate any or all of the appeals,
					 if any, which relate to the action in question of the city.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 86 - SPECIAL PROVISIONS FOR CONTESTED CASE HEARINGS › Subchapter D - APPEALS OF CITY ACTIONS RELATING TO WATER POLLUTION CONTROL AND ABATEMENT OUTSIDE THE CORPORATE LIMITS OF A CITY › Section 86.59 - Appeal of Commission Order

Current through Reg. 49, No. 28; July 12, 2024
If an appeal is taken from a commission order, the
					 commission order shall remain in effect for all purposes until final
					 disposition is made by a court of competent jurisdiction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish rules provided
					 for in Texas Water Code (TWC), §5.755, relating to incentives for enhanced
					 environmental performance under a Strategically Directed Regulatory Structure;
					 TWC, §5.758, relating to commission issuance of Regulatory Flexibility
					 Orders for an exemption for an applicant who proposes an alternative method or
					 alternative standard to control or abate pollution; and TWC, §5.127,
					 relating to Environmental Management Systems.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions of this subchapter are
				  applicable to all persons subject to the requirements of Texas Water Code
				  (TWC), Chapters 26, 27, and 32; and Texas Health and Safety Code (THSC),
				  Chapters 361, 375, 382, and 401. The applicable regulatory activities include,
				  but are not limited to:
(1) discharges to
				  surface water and groundwater regulated under TWC, Chapter 26;
(2) petroleum storage tanks regulated under
				  TWC, Chapter 26;
(3) disposal of
				  waste by underground injection regulated under TWC, Chapter 27;
(4) systems for subsurface area drip disposal
				  regulated under TWC, Chapter 32;
(5) management and disposal of industrial
				  solid waste, hazardous waste, or municipal solid waste (including composting,
				  sewage sludge, and water treatment sludge) regulated under THSC, Chapter
				  361;
(6) removal of convenience
				  switches and the convenience switch recovery program under THSC, Chapter
				  375;
(7) emission sources of air
				  contaminants regulated under THSC, Chapter 382; and
(8) management and disposal of radioactive
				  substances regulated under THSC, Chapter 401.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Applicable legal
				  requirement--A state or federal environmental law, regulation, permit, order,
				  consent decree, or other requirement.
(2) Certified--For purposes of this chapter,
				  a documented third party decision that the environmental management system
				  meets the minimum standards of a recognized environmental management system
				  standard.
(3) Enhanced
				  environmental performance--An activity by a person, including any measurable
				  voluntary action undertaken by a person to improve environmental quality,
				  which:
(A) reduces or eliminates discharges or
				  emissions of pollutants to an extent that is greater than required by
				  applicable legal requirements;
(B)
				  provides an overall reduction of discharges or emissions of pollutants from a
				  site to an extent that is greater than required by applicable legal
				  requirements;
(C) reduces a
				  negative impact on air, water, land, natural resources, or human health to an
				  extent that is greater than required by applicable legal requirements;
				  or
(D) is otherwise determined by
				  the executive director to improve environmental quality to an extent greater
				  than required by applicable legal requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.10 - Strategically Directed Regulatory Structure

Current through Reg. 49, No. 28; July 12, 2024
The Strategically Directed Regulatory Structure establishes
					 a framework for innovative programs to provide for enhanced environmental
					 performance and to reward compliance performance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.11 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) or
				  (c) of this section, a person whose application to participate in an innovative
				  program or whose application for an incentive meets the minimum standards of
				  §
										90.13
				  of this title (relating to Application for Incentives) shall be eligible to
				  receive regulatory incentives under this chapter.
(b) A person who has incurred a judgment in a
				  suit brought by the Texas or United States attorney general against the site
				  for which the person is requesting regulatory incentives, is ineligible to
				  participate in an innovative program or to receive regulatory incentives at
				  that site for a period of five years after the date the judgment was
				  final.
(c) A person who has been
				  convicted of an environmental crime regarding the site for which the person is
				  requesting to participate in an innovative program or requesting regulatory
				  incentives is ineligible to receive regulatory incentives through participation
				  in an innovative program under this chapter for a period of three years after
				  the date of the conviction.
(d) A
				  person shall be accepted into a strategically directed regulatory structure by
				  meeting the criteria and standards for the following:
(1) regulatory flexibility under §
											90.20 of
				  this title (relating to Regulatory Flexibility);
(2) incentives for using an environmental
				  management system under §
											90.30
				  of this title (relating to Minimum Standards for Environmental Management
				  Systems);
(3) programs authorized
				  as innovative by the executive director;
(4) flexible permits under Chapter 116 of
				  this title (relating to Control of Air Pollution by Permits for New
				  Construction or Modification); or
(5) other programs set forth under this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.12 - Incentives

Current through Reg. 49, No. 28; July 12, 2024
(a) In providing incentives for enhanced
				  environmental performance, the executive director shall offer incentives based
				  on:
(1) a person's and/or site's compliance
				  history; and
(2) a person's
				  voluntary measures, including participation in innovative programs, to improve
				  environmental quality. The executive director may give favorable consideration
				  to voluntary measures that are related to the specific media for which a person
				  is requesting incentives or participation in an innovative program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.13 - Application for Incentives

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  applies to the executive director for a regulatory flexibility project or to
				  use an environmental management system under this chapter, or for a flexible
				  permit under Chapter 116 of this title (relating to Control of Air Pollution by
				  Permits for New Construction or Modification) or another program designated as
				  innovative under Texas Water Code (TWC), §5.752(2), does not need to
				  submit another application under this section's requirements, unless the person
				  requests an additional incentive not available to the person in the program in
				  which the person is already participating or applying to participate.
				  Compliance with this requirement does not relieve the person from complying
				  with all other applicable legal requirements.
(b) If a person seeks incentives under this
				  section that are not available under specific innovative programs designated in
				  this chapter, Chapter 116 of this title, or other programs designated as
				  innovative under TWC, §5.752(2), the person must submit an application to
				  the executive director to receive incentives available under this section.
				  Within 30 days after receipt of an application under this section, the
				  executive director shall mail written notification informing the person that
				  the application is administratively complete or that it is deficient.
(1) If the application is deficient, the
				  notification shall specify the deficiencies, and allow the person 30 days from
				  the date of the notice to provide the requested information. If the person does
				  not submit an adequate response within the allotted time, the application will
				  be returned without further action by the executive director.
(2) Additional technical information may be
				  requested within 60 days after issuance of an administrative completeness
				  letter. If the person does not provide the requested technical information
				  within 30 days after the date of the request, the application will be returned
				  without further action by the executive director.
(3) If an application is returned under
				  paragraph (1) or (2) of this subsection, the person may file a new application
				  at any time.
(4) The person may
				  request in writing that the executive director allow additional time for a
				  person to submit information regarding the person's application to use an
				  innovative program or to request an incentive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.14 - Review by Executive Director Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who is receiving incentives
				  under this subchapter shall submit a progress report to the executive director
				  every two years from the date of initial written approval from the executive
				  director for the incentives, documenting the enhanced environmental performance
				  of the project, including:
(1) a
				  demonstration that the results are more protective of the environment than the
				  method or standard prescribed by the statute or commission rule that would
				  otherwise apply;
(2) specific
				  measurable results of the project and how these contribute toward environmental
				  improvements;
(3) documentation of
				  any public participation component; and
(4) how the results achieved compare to the
				  results projected in the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.15 - Termination of Regulatory Incentives Under the Strategically Directed Regulatory Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) Termination by
				  the recipient.
(1) A person who receives
				  regulatory incentives for a site under this subchapter may terminate the
				  regulatory incentives at any time by sending a notice of termination to the
				  executive director by certified mail.
(2) If the incentives received by the person
				  or site included exemptions from state or federal requirements, the person or
				  site must be in full compliance with all requirements for which exemptions were
				  provided within 30 days after notice of termination is mailed to the executive
				  director. If a new permit, permit amendment, or other authorization is
				  necessary in order for the person to achieve compliance, an administratively
				  complete application for such authorization shall be submitted to the executive
				  director within 30 days after notice of termination is mailed to the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.16 - Public Notice, Comment, and Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicants for participation in innovative programs shall follow the
				  requirements under subsections (b) and (c) of this section, unless the
				  applicant is only requesting additional incentives under this
				  chapter.
(b) If an applicant for
				  incentives under this chapter requests an exemption from a statute or
				  commission rule, the applicant shall comply with all public notice, comment,
				  and hearing requirements associated with the statute or commission rule for
				  which the applicant is seeking an exemption, except as provided in subsection
				  (c) of this section.
(c) If the
				  specific innovative program or statute or commission rule for which an
				  applicant is seeking an exemption does not require public notice or an
				  opportunity for comment, the following requirements shall apply.
(1) The applicant shall publish notice of the
				  application at least once in a newspaper of general circulation in the county
				  where the facility or site requesting incentives is located or proposed to be
				  located. The notice shall be published within 30 days after the application is
				  determined to be administratively complete. Notice under this section shall not
				  be published in a font size smaller than that normally used in the newspaper's
				  classified advertising section.
(2)
				  The executive director shall accept public comment for 30 days after the last
				  publication of the notice of application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.20 - Regulatory Flexibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  by issuance of a Regulatory Flexibility Order may exempt an applicant from a
				  requirement of a statute or commission rule regarding the control or abatement
				  of pollution if the applicant proposes to control or abate pollution by an
				  alternative method or by applying an alternative standard.
(b) A violation of an order issued under this
				  section is punishable as if it were a violation of the statute or rule from
				  which the order provides an exemption.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.21 - Application for a Regulatory Flexibility Order

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for a Regulatory
				  Flexibility Order (RFO) must be submitted to the executive director.
(b) The application must include:
(1) a narrative summary of the proposal,
				  including the specific statutes or commission rules for which an exemption is
				  being sought;
(2) a detailed
				  explanation, including a demonstration as appropriate, that the proposed
				  alternative is:
(A) as protective of the
				  environment and the public health as the method or standard prescribed by the
				  statute or commission rule that would otherwise apply; and
(B) not inconsistent with federal law,
				  including any requirement for a federally approved or authorized
				  program;
(3) evidence
				  that the alternative the applicant proposes is as protective of the environment
				  and the public health as the method or standard prescribed by the statute or
				  commission rule that would otherwise apply;
(4) an implementation schedule which includes
				  a proposal for monitoring, recordkeeping, and/or reporting, where appropriate,
				  of environmental performance and compliance under the RFO;
(5) an identification, if applicable, of any
				  proposed transfers of pollutants between media;
(6) a description of efforts made or proposed
				  to involve the local community and to achieve local community
				  support;
(7) an application fee of
				  $250. The executive director may determine that the application for an RFO
				  constitutes a significant and complex application for which the recovery of all
				  reasonable costs for review and approval by the commission is appropriate. Upon
				  notice to the applicant of such finding, the applicant shall execute a cost
				  recovery agreement in a form approved by the executive director. Recoverable
				  costs include costs incurred by the commission for administrative review,
				  technical review, and hearings associated with the application; and
(8) any other information requested from the
				  applicant by the executive director during the application review
				  period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.22 - Commission Action on an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission action on an application under
				  this chapter shall comply with the provisions set forth in Chapter 50,
				  Subchapter F of this title (relating to Action by the Commission), as
				  applicable.
(b) The commission may
				  consider in its decision, among other factors, the applicant's compliance
				  history and efforts made to involve the local community and achieve local
				  community support.
(c) The
				  commission's order must provide a description of the alternative method or
				  standard and condition the exemption on compliance with the method or standard
				  as the order prescribes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.23 - Amendment/Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for amendment or renewal
				  of an Regulatory Flexibility Order (RFO) may be filed in the same manner as an
				  original application under this subchapter.
(b) If renewal procedures have been initiated
				  at least 180 days prior to the RFO expiration date, the existing RFO will
				  remain in effect, and will not expire until commission action on the timely
				  application for renewal is final.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.24 - Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) By the recipient.
(1) A recipient of an Regulatory Flexibility
				  Order (RFO) may terminate the RFO at any time by sending a notice of
				  termination to the executive director by certified mail.
(2) The recipient must be in compliance with
				  all applicable statutes or commission rules at the time of
				  termination.