reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.139 - Motion to Overturn Executive Director's Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant, public interest counsel or
				  other person may file with the chief clerk a motion to overturn the executive
				  director's action on an application or water quality management plan (WQMP)
				  update certification. Regardless of any other law, a state agency, except a
				  river authority, may not file a motion to overturn the executive director's
				  action on an application that was received by the commission on or after
				  September 1, 2011 unless the state agency is the applicant. Wherever other
				  commission rules refer to a "motion for reconsideration," that term should be
				  considered interchangeable with the term "motion to overturn executive
				  director's decision."
(b) A motion
				  to overturn must be filed no later than 23 days after the date the agency mails
				  notice of the signed permit, approval, or other action of the executive
				  director to the applicant and persons on any required mailing list for the
				  action.
(c) A motion to overturn
				  must be filed no later than 20 days after the date persons who timely commented
				  on the WQMP update are notified of the response to comments and the certified
				  WQMP update. A person is presumed to have been notified on the third day after
				  the date the notice of the executive director's action is mailed by first class
				  mail.
(d) An action by the
				  executive director under this subchapter is not affected by a motion to
				  overturn filed under this section unless expressly ordered by the
				  commission.
(e) With the agreement
				  of the parties or on their own motion, the commission or the general counsel
				  may, by written order, extend the period of time for filing motions to overturn
				  and for taking action on the motions so long as the period for taking action is
				  not extended beyond 90 days after the date the agency mails notice of the
				  signed permit, approval, or other action of the executive director.
(f) Disposition of motion.
(1) Unless an extension of time is granted,
				  if a motion to overturn is not acted on by the commission within 45 days after
				  the date the agency mails notice of the signed permit, approval, or other
				  action of the executive director, the motion is denied.
(2) In the event of an extension, the motion
				  to overturn is overruled by operation of law on the date fixed by the order, or
				  in the absence of a fixed date, 90 days after the date the agency mails notice
				  of the signed permit, approval, or other action of the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.141 - Eligibility of Executive Director

Current through Reg. 49, No. 28; July 12, 2024
The executive director may issue Texas pollutant discharge
					 elimination system (TPDES) permits or other TPDES-related approvals only if he
					 or she does not receive, and has not during the previous two years received, a
					 significant portion of income directly or indirectly from permit holders or
					 applicants for a permit.
(1) For the
				  purposes of this section:
(A) "Significant
				  portion of income" means 10% or more of gross personal income for a calendar
				  year, except that it means 50% or more of gross personal income for a calendar
				  year if the recipient is over 60 years of age and is receiving that portion
				  under retirement pension, or similar arrangement.
(B) "Permit holders or applicants for a
				  permit" does not include any department or agency of a state government, such
				  as a Department of Parks or a Department of Fish and Wildlife.
(C) "Income" includes retirement benefits,
				  consultant fees, and stock dividends.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.143 - Withdrawing the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon a
				  request by the applicant at any time before the application is referred to the
				  State Office of Administrative Hearings (SOAH), the executive director shall
				  allow the withdrawal of the application and shall file a written acknowledgment
				  of the withdrawal with the chief clerk. If the application has been scheduled
				  for a commission meeting, the chief clerk shall remove it from the commission's
				  agenda. For purposes of this rule, an application is referred to SOAH when the
				  commission votes during a public meeting for referral or when the executive
				  director or the applicant file a request to refer with the chief clerk under
				  §
										55.210 of this
				  title (relating to Direct Referrals).
(b) Applications filed before September 1,
				  2015, for which chief clerk mailed the executive director's preliminary
				  decision and notice of a draft permit under §
										39.419
				  of this title (relating to Notice of Application and Preliminary Decision) that
				  are subsequently withdrawn by the applicant are governed by the commission's
				  rules as they existed immediately before September 1, 2015, and those rules are
				  continued in effect for that purpose if the application is refiled with the
				  commission and the executive director determines the resubmitted application is
				  substantially similar to the withdrawn application. For purposes of making this
				  determination, the executive director may consider the following information
				  contained in the withdrawn application and the refiled application:
(1) the name of the applicant;
(2) the location or proposed location of the
				  construction, activity or discharge, to be authorized by the
				  application;
(3) the air
				  contaminants to be emitted;
(4) the
				  area to be served by a wastewater treatment facility;
(5) the volume and nature of the wastewater
				  to be treated by a wastewater treatment facility;
(6) the volume and type of waste to be
				  disposed;
(7) changes in methods of
				  treatment or disposal of waste; or
(8) any other factor the executive director
				  determines is relevant to this determination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS › Subchapter G - ACTION BY THE EXECUTIVE DIRECTOR › Section 50.145 - Corrections to Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to a permit as defined in §
										3.2 of
				  this title (relating to Definitions), except that it does not apply to air
				  quality permits under Chapter 122 of this title (relating to Federal Operating
				  Permits Program). The executive director, on his own motion or at the request
				  of the permittee, may make a non-substantive correction to a permit either by
				  reissuing the permit or by issuing an endorsement to the permit, without
				  observing formal amendment or public notice procedures. The executive director
				  must notify the permittee that the correction has been made and forward a copy
				  of the endorsement or corrected permit for filing in the agency's official
				  records.
(b) The executive director
				  may issue non-substantive permit corrections under this section:
(1) to correct a clerical or typographical
				  error;
(2) to change the mailing
				  address of the permittee, if updated information is provided by the
				  permittee;
(3) if updated
				  information is provided by the permittee, to change the name of an incorporated
				  permittee that amends its articles of incorporation only to reflect a name
				  change, provided that the secretary of state can verify that a change in name
				  alone has occurred;
(4) to describe
				  more accurately in a water rights permit or certificate of adjudication the
				  boundary of or the point, rate, or period of diversion of water;
(5) to describe more accurately the location
				  of the authorized point or place of discharge, injection, deposit, or disposal
				  of any waste, or the route which any waste follows along the watercourses in
				  the state after being discharged;
(6) to describe more accurately the pattern
				  of discharge or disposal of any waste authorized to be disposed of;
(7) to describe more accurately the
				  character, quality, or quantity of any waste authorized to be disposed of;
				  or
(8) to state more accurately or
				  update any provision in a permit without changing the authorizations or
				  requirements addressed by the provision.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter D - APPLICABILITY AND DEFINITIONS › Section 55.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapters D -
					 G of this chapter (relating to Applicability and Definitions; Public Comment
					 and Public Meetings; Requests for Reconsideration or Contested Case Hearing;
					 and Requests for Contested Case Hearing and Public Comment on Certain
					 Applications) shall have the following meanings. Affected person--A person who
					 has a personal justiciable interest related to a legal right, duty, privilege,
					 power, or economic interest affected by the application. An interest common to
					 members of the general public does not qualify as a personal justiciable
					 interest. The determination of whether a person is affected shall be governed
					 by §
										55.203
					 of this title (relating to Determination of Affected Person), or, if applicable
					 under §
										55.256
					 of this title (relating to Determination of Affected Person). Notwithstanding
					 any other law, a state agency, except a river authority, may not file a request
					 for a contested case hearing or request for reconsideration, nor may it be
					 considered an affected person or named a party, or otherwise contest of a
					 permit or license on an application received by the commission on or after
					 September 1, 2011 unless the state agency is the applicant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter E - PUBLIC COMMENT AND PUBLIC MEETINGS › Section 55.150 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies only to applications filed under
					 Texas Water Code, Chapter 26, 27, or 32 or Texas Health and Safety Code,
					 Chapter 361 or 382 that are declared administratively complete on or after
					 September 1, 1999.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter E - PUBLIC COMMENT AND PUBLIC MEETINGS › Section 55.154 - Public Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) A public
				  meeting is intended for the taking of public comment, and is not a contested
				  case under the Texas Administrative Procedure Act.
(b) During technical review of the
				  application, the applicant, in cooperation with the executive director, may
				  hold a public meeting in the county in which the facility is located or
				  proposed to be located in order to inform the public about the application and
				  obtain public input.
(c) At any
				  time, the executive director or the Office of the Chief Clerk may hold public
				  meetings. The executive director or the Office of the Chief Clerk shall hold a
				  public meeting if:
(1) the executive director
				  determines that there is a substantial or significant degree of public interest
				  in an application;
(2) a member of
				  the legislature who represents the general area in which the facility is
				  located or proposed to be located requests that a public meeting be
				  held;
(3) for Prevention of
				  Significant Deterioration and Nonattainment permits subject to Chapter 116,
				  Subchapter B of this title (relating to New Source Review Permits), an
				  interested person requests a public meeting regarding the executive director's
				  draft permit or air quality analysis; a public meeting held in response to a
				  request under this paragraph will be held after Notice of Application and
				  Preliminary Decision is published;
(4) for applications for Hazardous Air
				  Pollutant permits subject to Chapter 116, Subchapter E of this title (relating
				  to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed
				  Major Sources (FCAA, §112(g), 40 CFR Part 63 )), an interested person
				  requests a public meeting regarding the executive director's draft permit or
				  air quality analysis; a public meeting held in response to a request under this
				  paragraph will be held after Notice of Application and Preliminary Decision is
				  published; or
(5) when a public
				  meeting is otherwise required by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter E - PUBLIC COMMENT AND PUBLIC MEETINGS › Section 55.156 - Public Comment Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  chief clerk shall deliver or mail to the executive director, the Office of
				  Public Interest Counsel, the director of the Alternative Dispute Resolution
				  Office, and the applicant copies of all documents filed with the chief clerk in
				  response to public notice of an application.
(b) If comments are received, the following
				  procedures apply to the executive director.
(1) Before an application is approved, the
				  executive director shall prepare a response to all timely, relevant and
				  material, or significant public comment, whether or not withdrawn, and specify
				  if a comment has been withdrawn. Before any air quality permit application for
				  a Prevention of Significant Deterioration or Nonattainment permit subject to
				  Chapter 116, Subchapter B of this title (relating to New Source Review Permits)
				  or for applications for the establishment or renewal of, or an increase in, a
				  plant-wide applicability limit permit under Chapter 116 of this title (relating
				  to Control of Air Pollution by Permits for New Construction or Modification),
				  filed on or after the effective date of this section, is approved, the
				  executive director shall prepare a response to all comments received. The
				  response shall specify the provisions of the draft permit that have been
				  changed in response to public comment and the reasons for the
				  changes.
(2) The executive director
				  may call and conduct public meetings, under §
											55.154
				  of this title (relating to Public Meetings), in response to public
				  comment.
(3) The executive director
				  shall file the response to comments with the chief clerk within the shortest
				  practical time after the comment period ends, not to exceed 60 days.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies only to applications filed under
					 Texas Water Code, Chapter 26, 27, or 32 or Texas Health and Safety Code,
					 Chapter 361 or 382 that are declared administratively complete on or after
					 September 1, 1999.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.201 - Requests for Reconsideration or Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for reconsideration or
				  contested case hearing must be filed no later than 30 days after the chief
				  clerk mails (or otherwise transmits) the executive director's decision and
				  response to comments and provides instructions for requesting that the
				  commission reconsider the executive director's decision or hold a contested
				  case hearing.
(b) The following may
				  request a contested case hearing under this chapter:
(1) the commission;
(2) the executive director;
(3) the applicant; and
(4) affected persons, when authorized by
				  law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.203 - Determination of Affected Person

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  any application, an affected person is one who has a personal justiciable
				  interest related to a legal right, duty, privilege, power, or economic interest
				  affected by the application. An interest common to members of the general
				  public does not qualify as a personal justiciable interest.
(b) Except as provided by §
										55.103 of
				  this title (relating to Definitions), governmental entities, including local
				  governments and public agencies, with authority under state law over issues
				  raised by the application may be considered affected persons.
(c) In determining whether a person is an
				  affected person, all factors shall be considered, including, but not limited
				  to, the following:
(1) whether the interest
				  claimed is one protected by the law under which the application will be
				  considered;
(2) distance
				  restrictions or other limitations imposed by law on the affected
				  interest;
(3) whether a reasonable
				  relationship exists between the interest claimed and the activity
				  regulated;
(4) likely impact of the
				  regulated activity on the health and safety of the person, and on the use of
				  property of the person;
(5) likely
				  impact of the regulated activity on use of the impacted natural resource by the
				  person;
(6) for a hearing request
				  on an application filed on or after September 1, 2015, whether the requestor
				  timely submitted comments on the application that were not withdrawn;
				  and
(7) for governmental entities,
				  their statutory authority over or interest in the issues relevant to the
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.205 - Request by Group or Association

Current through Reg. 49, No. 28; July 12, 2024
(a) A group or association may request a
				  contested case hearing only if the group or association meets all of the
				  following requirements:
(1) one or more
				  members of the group or association would otherwise have standing to request a
				  hearing in their own right;
(2) the
				  interests the group or association seeks to protect are germane to the
				  organization's purpose; and
(3)
				  neither the claim asserted nor the relief requested requires the participation
				  of the individual members in the case.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.209 - Processing Requests for Reconsideration and Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) This section and §
										55.211
				  of this title (relating to Commission Action on Requests for Reconsideration or
				  Contested Case Hearing) apply only to requests for reconsideration and
				  contested case hearing that are timely filed.
(b) After the final deadline to submit
				  requests for reconsideration or contested case hearing, the chief clerk shall
				  process any requests for reconsideration or hearing by both:
(1) referring the application and requests
				  for reconsideration or contested case hearing to the alternative dispute
				  resolution director. The alternative dispute resolution director shall try to
				  resolve any dispute between the applicant and the requestors; and
(2) scheduling the hearing request and
				  request for reconsideration for a commission meeting. However, if only a
				  request for reconsideration is submitted and the commission has delegated its
				  authority to act on the request to the general counsel, the request for
				  reconsideration shall be scheduled for a commission meeting only if the general
				  counsel directs the chief clerk to do so. The chief clerk should try to
				  schedule the requests for a commission meeting that will be held approximately
				  44 days after the final deadline for timely filed requests for reconsideration
				  or contested case hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.210 - Direct Referrals

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director or the applicant may file a request with the chief clerk that the
				  application be sent directly to State Office of Administrative Hearings (SOAH)
				  for a hearing on the application.
(b) After receipt of a request filed under
				  this section and after the executive director has issued his preliminary
				  decision on the application, the chief clerk shall refer the application
				  directly to SOAH for a hearing on whether the application complies with all
				  applicable statutory and regulatory requirements.
(c) A case which has been referred to SOAH
				  under this section shall not be subject to the public meeting requirements of
				  §
										55.154
				  of this title (relating to Public Meetings). The agency may, however, call and
				  conduct public meetings in response to public comment. A public meeting is
				  intended for the taking of public comment, and is not a contested case
				  proceeding under the Administrative Procedure Act. Public meetings held under
				  this section shall be subject to following procedures.
(1) The executive director shall hold a
				  public meeting when there is a significant degree of public interest in a draft
				  permit, or when required by law.
(2) To the extent practicable, the public
				  meeting for any case referred under this section shall be held prior to or on
				  the same date as the preliminary hearing.
(3) Public notice of a public meeting may be
				  abbreviated to facilitate the convening of the public meeting prior to or on
				  the same date as the preliminary hearing, unless the timing of notice is set by
				  statute or a federal regulation governing a permit under a federally authorized
				  program. In any case, public notice must be provided at least ten days before
				  the meeting.
(4) The public comment
				  period shall be extended to the close of any public meeting.
(5) The applicant shall attend any public
				  meeting held.
(6) A tape recording
				  or written transcript of the public meeting shall be filed with the chief clerk
				  and will be included in the chief clerk's case file to be sent to SOAH as
				  provided by §
											80.6
				  of this title (relating to Referral to SOAH).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter F - REQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING › Section 55.211 - Commission Action on Requests for Reconsideration and Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  consideration of the following items is not itself a contested case subject to
				  the Texas Administrative Procedure Act (APA):
(1) public comment;
(2) executive director's response to
				  comment;
(3) request for
				  reconsideration; or
(4) request for
				  contested case hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.250 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to applications filed with the
					 commission except applications filed under Texas Water Code (TWC), Chapter 26
					 or 27, Texas Health and Safety Code, Chapter 361 or 382, or TWC, §11.036
					 or §11.041. Any permit application that is declared administratively
					 complete on or after September 1, 1999 is subject to this
					 subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.251 - Requests for Contested Case Hearing, Public Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) The following may request a contested
				  case hearing under this section:
(1) the
				  commission;
(2) the executive
				  director;
(3) the applicant;
				  and
(4) affected persons, when
				  authorized by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.252 - Request by Group or Association

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  group or association may request a contested case hearing only if the group or
				  association meets all of the following requirements:
(1) one or more members of the group or
				  association would otherwise have standing to request a hearing in their own
				  right;
(2) the interests the group
				  or association seeks to protect are germane to the organization's purpose;
				  and
(3) neither the claim asserted
				  nor the relief requested requires the participation of the individual members
				  in the case.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.253 - Public Comment Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  chief clerk shall deliver or mail to the applicant, the executive director, the
				  public interest counsel, and the Alternative Dispute Resolution Office, copies
				  of all documents filed with the chief clerk in response to public notice of an
				  application.
(b) The commission may
				  designate an agency office to process public comment under this subsection.
(1) If the application and timely hearing
				  requests are considered by the commission, the designated office will prepare
				  any required response to public comment, no later than ten days before the
				  commission meeting at which the commission will evaluate the hearing requests.
				  The response shall be made available to the public and filed with the chief
				  clerk.
(2) If the application is
				  approved by the executive director under Chapter 50, Subchapter G of this title
				  (relating to Action by the Executive Director), any required response to public
				  comment should be made no later than the time of the executive director's
				  action on the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.254 - Hearing Request Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements in this section and §
										55.255
				  of this title (relating to Commission Action on Hearing Request) apply only to
				  hearing requests that are filed within the time period specified in §
										55.251(d)
				  of this title (relating to Requests for Contested Case Hearing, Public
				  Comment).
(b) The executive
				  director shall file a statement with the chief clerk indicating that technical
				  review of the application is complete. The executive director will file the
				  statement with the chief clerk either before or after public notice of the
				  application is issued.
(c) After a
				  hearing request is filed and the executive director has filed a statement that
				  technical review of the application is complete, the chief clerk shall process
				  the hearing request by both:
(1) referring
				  the application and hearing request to the alternative dispute resolution
				  director. The alternative dispute resolution director shall try to resolve any
				  dispute between the applicant and the person making the request for hearing;
				  and
(2) scheduling the hearing
				  request for a commission meeting. The chief clerk shall attempt to schedule the
				  request for a commission meeting that will be held approximately 44 days after
				  the later of the following:
(A) the deadline
				  to request a hearing specified in the public notice of the application;
				  or
(B) the date the executive
				  director filed the statement that technical review is complete.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.255 - Commission Action on Hearing Request

Current through Reg. 49, No. 28; July 12, 2024
(a) The determination of the validity of a
				  hearing request is not, in itself, a contested case subject to the Texas
				  Administrative Procedure Act (APA). The commission will evaluate the hearing
				  request at the scheduled commission meeting, and may:
(1) determine that a hearing request does not
				  meet the requirements of this subchapter, and act on the application;
(2) determine that the hearing request does
				  not meet the requirements of this subchapter, and refer the application to a
				  public meeting to develop public comment before acting on the
				  application;
(3) determine that a
				  hearing request meets the requirements of this subchapter, and direct the chief
				  clerk to refer the application to the State Office of Administrative Hearings
				  (SOAH) for a hearing; or
(4) direct
				  the chief clerk to refer the hearing request to SOAH. The referral may specify
				  that SOAH should prepare a recommendation on the sole question of whether the
				  request meets the requirements of this subchapter. The referral may also direct
				  SOAH to proceed with a hearing on the application if the judge finds that a
				  hearing request meets the requirements of this chapter. If the commission
				  refers the hearing request to SOAH it shall be processed as a contested case
				  under the APA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter G - REQUESTS FOR CONTESTED CASE HEARING AND PUBLIC COMMENT ON CERTAIN APPLICATIONS › Section 55.256 - Determination of Affected Person

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  any application, an affected person is one who has a personal justiciable
				  interest related to a legal right, duty, privilege, power, or economic interest
				  affected by the application. An interest common to members of the general
				  public does not qualify as a personal justiciable interest.
(b) Except as provided by §
										55.103 of
				  this title (relating to Definitions), governmental entities, including local
				  governments and public agencies, with authority under state law over issues
				  contemplated by the application may be considered affected persons.
(c) All relevant factors shall be considered,
				  including, but not limited to, the following:
(1) whether the interest claimed is one
				  protected by the law under which the application will be considered;
(2) distance restrictions or other
				  limitations imposed by law on the affected interest;
(3) whether a reasonable relationship exists
				  between the interest claimed and the activity regulated;
(4) likely impact of the regulated activity
				  on the health, safety, and use of property of the person;
(5) likely impact of the regulated activity
				  on use of the impacted natural resource by the person; and
(6) for governmental entities, their
				  statutory authority over or interest in the issues relevant to the
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 60 - COMPLIANCE HISTORY › Section 60.1 - Compliance History

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				The provisions of this chapter 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.
(1) Specifically, the agency will utilize
				compliance history when making decisions regarding:
(A) the issuance, renewal, amendment,
				modification, denial, suspension, or revocation of a permit;
(B) enforcement;
(C) the use of announced investigations;
				and
(D) participation in innovative
				programs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 60 - COMPLIANCE HISTORY › Section 60.2 - Classification

Current through Reg. 49, No. 28; July 12, 2024
(a) Classifications. Beginning September 1,
				2002, the executive director shall evaluate the compliance history of each site
				and classify each site and person as needed for the actions listed in §
									60.1(a)(1)
				of this title (relating to Compliance History). On September 1, 2003, and
				annually thereafter, the executive director shall evaluate the compliance
				history of each site, and classify each site and person. For the purposes of
				classification in this chapter, and except with regard to portable units,
				"site" means all regulated units, facilities, equipment, structures, or sources
				at one street address or location that are owned or operated by the same
				person. Site includes any property identified in the permit or used in
				connection with the regulated activity at the same street address or location.
				A "site" for a portable regulated unit or facility is any location where the
				unit or facility is or has operated. Each site and person shall be classified
				as:
(1) a high performer, which has an
				above-satisfactory compliance record;
(2) a satisfactory performer, which generally
				complies with environmental regulations; or
(3) an unsatisfactory performer, which
				performs below minimal acceptable performance standards established by the
				commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 60 - COMPLIANCE HISTORY › Section 60.3 - Use of Compliance History

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Permitting.
(1) Permit actions subject to
				compliance history review. For permit actions subject to compliance history
				review identified in §
										60.1(a)
				of this title (relating to Compliance History), the agency shall consider
				compliance history when preparing draft permits and when deciding whether to
				issue, renew, amend, modify, deny, suspend, or revoke a permit by evaluating
				the person's:
(A) site-specific compliance
				history and classification; and
(B)
				aggregate compliance history and classification, especially considering
				patterns of environmental compliance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 60 - COMPLIANCE HISTORY › Section 60.4 - Site Classification Changes Due to Exigent Circumstances

Current through Reg. 49, No. 28; July 12, 2024
(a) Site Classification Under Review.
				Regardless of any other section of Chapter 60 of this title (relating to
				Compliance History), the executive director may designate a site's current
				compliance history classification as "under review" if the executive director
				determines that exigent circumstances exist due to an event at the site. The
				executive director shall make any such designation no later than 90 days after
				exigent circumstances begin. The designation as "under review" is effective
				immediately and written notice will be issued to the site's owner and operator,
				as readily identifiable through agency records. Unless a Notice of Decision to
				Reclassify is issued under subsection (b) of this section, the designation
				shall expire on the 91st day after the date of the written notice of
				designation. For the purpose of this section, exigent circumstances must
				include:
(1) Significant community
				disruption;
(2) Emergency response
				by a federal or state governmental authority to address an actual, unauthorized
				release of pollutants, contaminants, or other materials regulated by the
				agency; and
(3) The event must have
				resulted in one or more of the following:
(A)
				the issuance of an emergency order by a federal or state governmental
				authority;
(B) the issuance of a
				temporary restraining order or temporary injunction at the request of the
				state, related to compliance with "applicable legal requirements" under the
				jurisdiction of the commission, as defined by §
											60.1(c)(1)
				of this title (relating to Compliance History);
(C) the use of significant federal or state
				resources, such as the activation of an incident command system; or
(D) an actual, unauthorized release of
				pollutants, contaminants, or other materials regulated by the agency, which
				causes:
(i) the evacuation of off-site persons
				from homes, places of employment, or other locations;
(ii) the sheltering in place by off-site
				persons in homes, places of employment, or other locations;
(iii) the creation of a traffic hazard or
				interference with normal use of a navigable waterway, railway, or road;
				or
(iv) injury or death of a person
				directly attributable to the release.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to provide
				  general rules governing enforcement actions before the commission or, upon
				  delegation of the authority to issue an administrative order, the executive
				  director. The commission shall delegate the authority to issue an
				  administrative order to the executive director by resolution.
(b) This chapter delineates what factors are
				  considered and how statutory requirements are applied in determining the amount
				  of an administrative penalty. The purpose of an administrative penalty is to
				  penalize and deter non-compliance with the commission's rules and to recover
				  any economic benefit resulting from the non-compliance as the commission
				  determines is appropriate. The commission may also establish policies to
				  further delineate the specific procedures for calculating administrative
				  penalties. Specific statutory requirements are located in Texas Water Code,
				  Chapters 5, 7, 11 - 13, and 16; and the Texas Health and Safety Code, Chapters
				  341, 366, 369, 371, 374, and 401.
(c) This chapter applies to all persons, as
				  defined in §
										3.2 of
				  this title (relating to Definitions), under the jurisdiction of the
				  commission.
(d) Nothing in this
				  chapter shall constrain the commission from issuing an enforcement order
				  pursuant to Texas Water Code, §
										7.051 that
				  assesses an administrative penalty that is different from a penalty proposed by
				  the executive director.
(e)
				  Procedures for contested enforcement cases are located in Chapter 80 of this
				  title (relating to Contested Case Hearings).
(f) If some part or parts of these rules
				  cannot be interpreted as consistent with the Texas Water Code, the Texas Health
				  and Safety Code, or the Administrative Procedure Act, or where applicable parts
				  of those statutes are not specifically included in these rules, the statutes
				  shall control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in this chapter, all terms used
					 in these rules bear the same definitions ascribed by the Texas Water Code, the
					 Texas Health and Safety Code, the APA, and commission rules. The terms
					 specifically defined for the purposes of this chapter are as follows.
(1) Contested enforcement case-An action in
				  which the executive director seeks an enforcement order and the respondent has
				  an opportunity for an adjudicative hearing.
(2) Executive director's preliminary report
				  (EDPR)-A pleading filed by the executive director which, when issued and served
				  under this title, seeks an enforcement order against a respondent. EDPR is
				  further defined in Subchapter C of this chapter (relating to Enforcement
				  Referrals to SOAH).
(3)
				  Petition-The instrument by which the executive director states a cause of
				  action for an enforcement order against a respondent. When an EDPR is filed and
				  issued under this chapter the EDPR and notice constitute a petition, as do
				  amended EDPRs and amended or supplemental petitions.
(4) Respondent-A person against whom the
				  executive director is seeking an enforcement order.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.3 - Specific Enforcement Policies

Current through Reg. 49, No. 28; July 12, 2024
The executive director may use specific enforcement
					 policies that are neither rules nor precedents, but rather announce the manner
					 in which the agency expects to exercise its discretion in future proceedings.
					 These specific enforcement policies do not establish rules which the public is
					 required to obey or with which it is to avoid conflict. These specific
					 enforcement policies do not convey any rights or impose any obligations on
					 members of the public. These specific enforcement policies are available to the
					 public under the terms of the Public Information Act, Texas Government Code,
					 Chapter 552 and the specific enforcement policies are posted on the
					 commission's Internet Web site.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.4 - Enforcement Action Using Information Provided by Private Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) A private individual with information
				  demonstrating possible violations of law within the commission's jurisdiction
				  should notify the executive director (ED). The ED may initiate an
				  administrative enforcement action, or he/she may refer to the appropriate
				  prosecuting authority a civil or criminal enforcement action.
(b) The ED may initiate an enforcement action
				  based on information received from a private individual if that information, in
				  the ED's judgment, is of sufficient value and credibility to warrant the
				  initiation of an enforcement action. The ED may initiate an enforcement action
				  based on any combination of information provided by private individuals or by
				  the ED's own investigations.
(c) In
				  evaluating the value and credibility of information provided by a private
				  individual and determining the use of such information as evidence in an
				  enforcement action, the ED shall consider the following criteria:
(1) the individual providing the information
				  must be willing to submit a sworn affidavit attesting to the facts that
				  constitute the alleged violation and authenticating any writings, recordings,
				  or photographs provided by the individual;
(2) the individual providing the information
				  must be willing to testify in any enforcement proceedings regarding the alleged
				  violations;
(3) if the ED relies on
				  any physical or sampling data submitted by an individual to prove one or more
				  elements of an enforcement case, such data must have been collected or gathered
				  in accordance with relevant agency protocols. The individual submitting the
				  physical or sampling data must be willing to submit a sworn affidavit
				  demonstrating that the individual followed relevant agency protocols when
				  collecting the data. The relevant agency protocols are those used or determined
				  acceptable by the ED; and
(4) the
				  commission will not use in an enforcement case information gathered by an
				  individual illegally.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.5 - Remedies

Current through Reg. 49, No. 28; July 12, 2024
Remedies available to the commission in enforcement actions
					 include all those found in the Texas Water Code, the Texas Health and Safety
					 Code, and the APA. These include, but are not limited to, issuance of
					 administrative orders with or without penalties; referrals to the Texas
					 Attorney General's Office for civil judicial action; referrals to the
					 Environmental Protection Agency for civil judicial or administrative action;
					 referrals for criminal action; or permit, license, registration, or certificate
					 revocation or suspension. Nothing herein shall be construed to preclude the
					 executive director from seeking any remedy in law or equity not specifically
					 mentioned in these rules. In addition, an enforcement matter may be resolved
					 informally without a contested case proceeding in appropriate
					 circumstances.