SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 361.001 - Short Title
This chapter may be cited as the Solid Waste Disposal Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
- Texas Section 361.002 - Policy; Findings
(a) It is this state's policy and the purpose of this chapter to safeguard the health, welfare, and physical property of the people and to...
SUBCHAPTER B POWERS AND DUTIES OF COMMISSION
- Texas Section 361.003 - Definitions
Unless the context requires a different definition, in this chapter: (1) "Apparent recharge zone" means that recharge zone designated on maps prepared or compiled by,...
- Texas Section 361.011 - Commission's Jurisdiction: Municipal Solid Waste
(a) The commission is responsible under this section for the management of municipal solid waste, excluding hazardous municipal waste, and shall coordinate municipal solid waste...
- Texas Section 361.013 - Solid Waste Disposal And Transportation Fees
(a) Except as provided by Subsections (e) through (i), the commission shall charge a fee on all solid waste that is disposed of within this...
- Texas Section 361.0135 - Composting Refund
(a) The operator of a public or privately owned municipal solid waste facility is entitled to a refund of 15 percent of the solid waste...
- Texas Section 361.014 - Use Of Solid Waste Fee Revenue
(a) Revenue received by the commission under Section 361.013 shall be deposited in the state treasury to the credit of the commission. Of that revenue,...
- Texas Section 361.0145 - Response To Or Remediation Of Fire Or Emergency
(a) The commission may make an immediate response to or remediation of a fire or other emergency that involves solid waste, including processed or unprocessed...
- Texas Section 361.015 - Jurisdiction: Radioactive Waste
(a) The commission is the state agency under Chapter 401 that licenses and regulates radioactive waste storage, processing, and disposal activities not preemptively regulated by...
- Texas Section 361.0151 - Recycling
(a) The commission shall establish and administer a waste minimization and recycling office within the commission that provides technical assistance to local governments concerning waste...
- Texas Section 361.016 - Memorandum Of Understanding By Commission
The commission by rule shall adopt: (1) any memorandum of understanding between the commission and any other state agency; and (2) any revision of a...
- Texas Section 361.017 - Commission's Jurisdiction: Industrial Solid Waste And Hazardous Municipal Waste
(a) The commission is responsible for the management of industrial solid waste and hazardous municipal waste and shall coordinate industrial solid waste activities and hazardous...
- Texas Section 361.018 - Commission's Jurisdiction Over Hazardous Waste Components Of Radioactive Waste
(a) The commission has the powers under this chapter necessary or convenient to carry out its responsibilities concerning the regulation of the management of hazardous...
- Texas Section 361.019 - Approval Of Industrial Solid Waste Management In Municipal Solid Waste Facility
(a) Except as provided by Subsection (b), Class I nonhazardous industrial solid waste and small quantities of hazardous waste generated by conditionally exempt small quantity...
- Texas Section 361.0202 - Development Of Education Programs
(a) The commission shall develop a public awareness program to increase awareness of individual responsibility for properly reducing and disposing of municipal solid waste and...
- Texas Section 361.0215 - Pollution Prevention Advisory Committee
(a) The pollution prevention advisory committee is composed of nine members with a balanced representation of environmental and public interest groups and the regulated community....
- Texas Section 361.0216 - Office Of Pollution Prevention
The office of pollution prevention is created in the executive office of the commission to direct and coordinate all source reduction and waste minimization activities...
- Texas Section 361.0219 - Office Of Waste Exchange
(a) The office of waste exchange is an office of the commission. (b) The office shall facilitate the exchange of solid waste, recyclable or compostable...
- Texas Section 361.022 - Public Policy Concerning Municipal Solid Waste And Sludge
(a) To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of municipal solid waste and...
- Texas Section 361.023 - Public Policy Concerning Hazardous Waste
(a) To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of hazardous waste to the...
- Texas Section 361.0231 - Public Policy Concerning Adequate Capacity For Industrial And Hazardous Waste
(a) To protect the public health and environment taking into consideration the economic development of the state, and assure the continuation of the federal funding...
- Texas Section 361.0235 - Hazardous Waste Generated In Foreign Country
(a) Except as otherwise provided by this section, a person may not receive, transport, or cause to be transported into this state, for the purpose...
- Texas Section 361.024 - Rules And Standards
(a) The commission may adopt rules consistent with this chapter and establish minimum standards of operation for the management and control of solid waste under...
- Texas Section 361.025 - Exempt Activities
(a) The commission and the Railroad Commission of Texas shall jointly prepare an exclusive list of activities that are associated with oil and gas exploration,...
- Texas Section 361.026 - Assistance Provided By Commission
The commission may: (1) provide educational, advisory, and technical services concerning solid waste management to other state agencies, regional planning agencies, local governments, special districts,...
- Texas Section 361.027 - Licensure Of Solid Waste Facility Supervisors
The commission may implement a program under Chapter 37, Water Code, to license persons who supervise the operation or maintenance of solid waste facilities. Acts...
- Texas Section 361.028 - Industrial Solid And Hazardous Waste Materials Exchange
(a) The commission shall establish an industrial solid and hazardous waste materials exchange that provides for the exchange, between interested persons, of information concerning: (1)...
- Texas Section 361.029 - Collection And Disposal Of Household Materials That Could Be Classified As Hazardous Waste
(a) The commission shall provide by rule for interested persons to engage in activities that involve the collection and disposal of household materials that could...
- Texas Section 361.030 - Federal Funds
The commission may accept funds from the federal government for purposes concerning solid waste management and spend money received from the federal government for those...
- Texas Section 361.031 - Financial Assistance To Local Governments
(a) The commission may administer and spend state funds provided to the commission by legislative appropriations, or otherwise, to make grants to local governments for:...
- Texas Section 361.032 - Inspections; Right Of Entry
(a) The commission may inspect and approve solid waste facilities used or proposed to be used to store, process, or dispose of solid waste. (b)...
- Texas Section 361.033 - Inspections Required By Environmental Protection Agency
(a) The commission shall inspect regulated hazardous waste management and disposal facilities periodically as required by the United States Environmental Protection Agency under the federal...
- Texas Section 361.035 - Records And Reports; Disposal Of Hazardous Waste
(a) The commission by rule shall require operators of solid waste facilities for disposal of hazardous waste to maintain records and to submit to the...
- Texas Section 361.036 - Records And Manifests Required; Class I Industrial Solid Waste Or Hazardous Waste
The commission by rule shall require a person who generates, transports, processes, stores, or disposes of Class I industrial solid waste or hazardous waste to...
- Texas Section 361.037 - Access To Hazardous Waste Records
(a) Authorized agents or employees of the commission have access to and may examine and copy during regular business hours any records pertaining to hazardous...
- Texas Section 361.039 - Construction Of Other Laws
Except as specifically provided by this chapter, this chapter does not diminish or limit the authority of the commission, the Department of State Health Services,...
SUBCHAPTER C PERMITS
- Texas Section 361.040 - Treatment Of Steel Slag As Solid Waste
The commission may not consider steel slag as solid waste if the steel slag is: (1) an intended output or result of the use of...
- Texas Section 361.061 - Permits; Solid Waste Facility
Except as provided by Section 361.090 with respect to certain industrial solid waste, the commission may require and issue permits authorizing and governing the construction,...
- Texas Section 361.062 - Compatibility With County's Plan
(a) Before the commission issues a permit to construct, operate, or maintain a solid waste facility to process, store, or dispose of solid waste in...
- Texas Section 361.063 - Preapplication Local Review Committee Process
(a) The commission shall encourage applicants for solid waste facilities or for hazardous waste management facilities to enter into agreements with affected persons to resolve...
- Texas Section 361.0635 - Preapplication Meeting
(a) If requested by a person who intends to file a permit application, the commission shall provide the person an opportunity to meet with one...
- Texas Section 361.064 - Permit Application Form And Procedures
(a) If the commission exercises the power to issue permits for solid waste facilities under this subchapter, the commission, to the extent not otherwise provided...
- Texas Section 361.0641 - Notice To State Senator And Representative
On receiving an application for, or notice of intent to file an application for, a permit to construct, operate, or maintain a facility to store,...
- Texas Section 361.066 - Submission Of Administratively Complete Permit Application
(a) An applicant must submit any portion of an application that the commission determines is necessary to make the application administratively complete not later than...
- Texas Section 361.0665 - Notice Of Intent To Obtain Municipal Solid Waste Permit
(a) A person who applies for a municipal solid waste permit shall publish notice of intent to obtain a permit under this chapter at least...
- Texas Section 361.0666 - Public Meeting And Notice For Solid Waste Facilities
(a) An applicant for a permit under this chapter for a new facility that accepts municipal solid wastes may hold a public meeting in the...
- Texas Section 361.067 - Review Of Permit Application By Other Governmental Entities
(a) If the commission determines that a permit application submitted to it is administratively complete, it shall mail a copy of the application or a...
- Texas Section 361.068 - Administratively Complete Application
(a) A permit application is administratively complete when: (1) a complete permit application form and the report and fees required to be submitted with a...
- Texas Section 361.069 - Determination Of Land Use Compatibility
The commission in its discretion may, in processing a permit application, make a separate determination on the question of land use compatibility, and, if the...
- Texas Section 361.078 - Maintenance Of State Program Authorization Under Federal Law
This subchapter does not abridge, modify, or restrict the authority of the commission to adopt rules under Subchapters B and C, to issue permits and...
- Texas Section 361.079 - Notice Concerning Receipt Of Permit Application; Hearing Procedures
(a) Except as provided by Sections 361.080(b) and 361.081(c), the commission by rule shall establish procedures for public notice and a public hearing under Section...
- Texas Section 361.0791 - Public Meeting And Notice Requirement
(a) Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in...
- Texas Section 361.080 - Hearing Concerning Permit Application For Hazardous Industrial Solid Waste Facility
(a) A hearing on an application for a permit concerning a hazardous industrial solid waste facility must include one session held in the county in...
- Texas Section 361.081 - Notice Of Hearing Concerning Application For A Solid Waste Facility
(a) The commission shall require the applicant to mail notice to each residential or business address located within one-half mile of a new solid waste...
- Texas Section 361.082 - Application For Hazardous Waste Permit; Notice And Hearing
(a) A person may not process, store, or dispose of hazardous waste without having first obtained a hazardous waste permit issued by the commission. (b)...
- Texas Section 361.083 - Evidence Of Notice Of Hearing
(a) Before the commission may hear testimony in a contested case, evidence must be placed in the record to show that proper notice of the...
- Texas Section 361.0831 - Ex Parte Contacts Prohibited
(a) Unless required for the disposition of ex parte matters authorized by law, or unless permitted by Section 2001.061, Government Code, a hearings examiner may...
- Texas Section 361.0832 - Proposal For Decision; Certified Issues; Reversal By Commission
(a) After hearing evidence and receiving legal arguments, a hearings examiner shall make findings of fact, conclusions of law, and any ultimate findings required by...
- Texas Section 361.0833 - Costs For Information Provided By A Person Affected Regarding Hazardous Waste Permit
(a) After considering the factors in Subsection (e), the commission may order the applicant for a permit for a new hazardous waste management facility to...
- Texas Section 361.084 - Compliance Summaries
(a) The commission by rule shall establish a procedure to prepare compliance summaries relating to the applicant's solid waste management activities in accordance with the...
- Texas Section 361.085 - Financial Assurance And Disclosure By Permit Applicant
(a) Before a permit may be issued, amended, transferred, extended, or renewed for a hazardous waste management facility, the commission shall require as a part...
- Texas Section 361.0855 - Demonstration Of Financial Assurance
(a) In this section: (1) "Bonds" means financial obligations issued by a local government, including general obligation bonds, revenue bonds, and certificates of obligation. (2)...
- Texas Section 361.086 - Separate Permit For Each Facility
(a) Except as provided by Subsection (d), a separate permit is required for each solid waste facility. (b) A permit under this subchapter may be...
- Texas Section 361.0861 - Separate Recycling Or Recovery Permit Not Required
(a) A permit holder or a municipal solid waste management facility that has or plans to have a recycling, waste separation, energy and material recovery,...
- Texas Section 361.087 - Contents Of Permit
A permit issued under this subchapter must include: (1) the name and address of each person who owns the land on which the solid waste...
- Texas Section 361.0871 - Evaluation Of Waste Stream; Land Use And Need
(a) Before a permit may be issued for a new hazardous waste management facility or amended to provide for capacity expansion, the applicant shall identify...
- Texas Section 361.088 - Permit Issuance, Amendment, Extension And Renewal; Notice And Hearing
(a) The commission may amend, extend, or renew a permit it issues in accordance with reasonable procedures prescribed by the commission. (b) The procedures prescribed...
- Texas Section 361.0885 - Denial Of Application; Involvement Of Former Employee
(a) After providing an opportunity for a hearing to an applicant, the state agency shall deny an application for the issuance, amendment, renewal, or transfer...
- Texas Section 361.089 - Permit Denial Or Amendment; Notice And Hearing
(a) The commission may, for good cause, deny or amend a permit it issues or has authority to issue for reasons pertaining to public health,...
- Texas Section 361.0895 - Facilities Required To Obtain Federal Approval
For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the...
- Texas Section 361.090 - Regulation And Permitting Of Certain Industrial Solid Waste Disposal
(a) The commission may not require a permit under this chapter for the collection, handling, storage, processing, and disposal of industrial solid waste that is...
- Texas Section 361.0901 - Regulation And Permitting Of Certain Commercial Industrial Solid Waste Facilities
(a) In this section: (1) "Captured facility" has the meaning assigned by Section 361.131. (2) "Commercial industrial solid waste facility" means any industrial solid waste...
- Texas Section 361.0905 - Regulation Of Medical Waste
(a) The commission is responsible under this section for the regulation of the handling, transportation, storage, and disposal of medical waste. (b) The commission shall...
- Texas Section 361.091 - Enclosed Containers Or Vehicles; Permits; Inspections
(a) A municipal solid waste site or operation permitted as a Type IV landfill may not accept solid waste that is in a completely enclosed...
- Texas Section 361.092 - Registration For Extracting Materials From Certain Solid Waste Facilities
(a) The commission may require a registration to extract materials for energy and material recovery and for gas recovery from closed or inactive portions of...
- Texas Section 361.093 - Regulation And Permitting Of Rendering Plants
(a) A manufacturing or processing establishment, commonly known as a rendering plant, that processes waste materials originating from animals and from materials of vegetable origin,...
- Texas Section 361.094 - Permit Holder Exempt From Local License Requirements
If a permit is issued, amended, renewed, or extended by the commission in accordance with this subchapter, the solid waste facility owner or operator does...
- Texas Section 361.095 - Applicant For Hazardous Waste Management Facility Permit Exempt From Local Permit
(a) An applicant for a permit under this subchapter is not required to obtain a permit for the siting, construction, or operation of a hazardous...
- Texas Section 361.096 - Effect On Authority Of Local Government Or Other Political Subdivision
(a) Except as specifically provided by this chapter, this subchapter does not limit the powers and duties of a local government or other political subdivision...
- Texas Section 361.0961 - Restrictions On Authority Of Local Government Or Other Political Subdivision
(a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management...
- Texas Section 361.097 - Condition On Issuance Of Permit For Hazardous Waste Management Facility
The commission by rule shall condition the issuance of a permit for a new hazardous waste management facility or the areal expansion of an existing...
- Texas Section 361.098 - Prohibition On Permit For Hazardous Waste Landfill In 100-year Floodplain
(a) Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste...
- Texas Section 361.099 - Prohibition On Permit For Hazardous Waste Management Unit In Wetlands
(a) The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit or an areal expansion of an...
- Texas Section 361.100 - Prohibition On Permit For Certain Hazardous Waste Management Units
The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit if the landfill: (1) is in a...
- Texas Section 361.101 - Prohibition On Permit For Facility On Recharge Zone Of Sole Source Aquifer
The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill, land treatment facility, surface impoundment, or waste pile,...
- Texas Section 361.1011 - Prohibition On Permit For Facility Affected By Fault
If a fault exists within two and one-half miles from the proposed or existing wellbore of a Class I injection well or the area within...
- Texas Section 361.102 - Prohibition On Permit For Hazardous Waste Management Facilities Within A Certain Distance Of Residence, Church, School, Day Care Center, Park, Or Public Drinking Water Supply
(a) Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste...
- Texas Section 361.103 - Other Areas Unsuitable For Hazardous Waste Management Facility
The commission by rule shall define the characteristics that make other areas unsuitable for a hazardous waste management facility, including consideration of: (1) flood hazards;...
- Texas Section 361.104 - Prohibition On Permit For Facility In Unsuitable Area
The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management facility or an areal expansion of an existing...
- Texas Section 361.105 - Petition By Local Government For Rule On Hazardous Waste Facility In Unsuitable Area
(a) The commission by rule shall allow a local government to petition the commission for a rule that restricts or prohibits the siting of a...
- Texas Section 361.106 - Prohibition On Permit For Landfill If Alternative Exists
The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or the areal expansion of an existing hazardous...
- Texas Section 361.107 - Hydrogeologic Report For Certain Hazardous Waste Facilities
The commission by rule shall require an applicant for a new hazardous waste landfill, land treatment facility, or surface impoundment that is to be located...
- Texas Section 361.108 - Engineering Report For Hazardous Waste Landfill
The commission by rule shall require an applicant for a new hazardous waste landfill filed after January 1, 1986, to provide an engineering report evaluating:...
- Texas Section 361.109 - Grant Of Permit For Hazardous Waste Management Facility
(a) The commission may grant an application for a permit in whole or in part for a hazardous waste management facility if it finds that:...
- Texas Section 361.110 - Termination Of Authorization Or Permit
Authorization to store, process, or dispose of hazardous waste under Section 361.082 or under a solid waste permit issued under this subchapter that has not...
- Texas Section 361.111 - Commission Shall Exempt Certain Municipal Solid Waste Management Facilities
(a) The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to...
- Texas Section 361.112 - Storage, Transportation, And Disposal Of Used Or Scrap Tires
(a) A person may not store more than 500 used or scrap tires for any period on any publicly or privately owned property unless the...
- Texas Section 361.1125 - Immediate Remediation Or Removal Of Hazardous Substance At Scrap Tire Site
(a) In this section: (1) "Scrap tire" has the meaning assigned by Section 361.112. (2) "Scrap tire site" includes any site at which more than...
- Texas Section 361.113 - Permit Conditions For The Operation Of Hazardous Waste Management Facilities
(a) The commission by rule shall establish requirements for commercial hazardous waste management facilities that will provide the opportunity for periodic monitoring of the operation...
- Texas Section 361.114 - Prohibition Of Disposal Of Hazardous Waste Into Certain Geological Formations
The commission by rule shall prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine. Added...
- Texas Section 361.115 - Certification Of Landfill Capacity To Municipality; Restrictions On Contract
(a) The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county, before entering into a contract...
- Texas Section 361.116 - Disposal Of Incidental Injection Well Waste
Notwithstanding Chapter 2001, Government Code, and any other provision of this chapter, the commission shall grant to the owner or operator of a commercial hazardous...
- Texas Section 361.117 - Disposal Of Carcasses Of Animals Killed On Roadways
(a) Notwithstanding any other provision of this chapter, counties and municipalities may dispose of the carcasses of animals killed on county or municipal roadways by...
- Texas Section 361.118 - Remedial Action Regarding Industrial Solid Waste Disposed Of In Municipal Solid Waste Landfill Facility
(a) This section applies only to a municipal solid waste landfill facility: (1) for which the commission has issued a permit; and (2) a portion...
- Texas Section 361.119 - Regulation Of Certain Facilities As Solid Waste Facilities
(a) The commission by rule shall ensure that a solid waste processing facility is regulated as a solid waste facility under this chapter and is...
- Texas Section 361.1191 - Regulation Of Certain Recycling Facilities In Certain Counties
(a) This section applies only to a municipal solid waste recycling facility that does not hold a permit or registration issued by the commission that...
- Texas Section 361.120 - Notice Of Hearing And Requirements For Reopening Of Closed Or Inactive Landfills
(a) This section applies to any municipal solid waste landfill facility permitted by the commission or any of its predecessor or successor agencies that have...
- Texas Section 361.121 - Land Application Of Certain Sludge; Permit Required
(a) In this section: (1) "Class B sludge" is sewage sludge that meets one of the pathogen reduction requirements of 30 T.A.C. 312.82(b). (2) "Land...
- Texas Section 361.122 - Denial Of Certain Landfill Permits
The commission may not issue a permit for a Type IV landfill if: (1) the proposed site is located within 100 feet of a canal...
- Texas Section 361.123 - Limitation On Location Of Municipal Solid Waste Landfills
(a) This section applies to an application for a permit for a new Type I or new Type IV municipal solid waste landfill or for...
- Texas Section 361.1231 - Limitation On Expansion Of Certain Landfills
(a) This section applies only to a municipally owned Type I municipal solid waste landfill permitted by the state before 1980 that: (1) is located...
- Texas Section 361.124 - Allowed Wastes And Exemptions For Certain Small Municipal Solid Waste Landfills In Arid Areas
(a) In this section: (1) "Construction or demolition waste" means any material waste that is the byproduct of a construction or demolition project, including paper,...
SUBCHAPTER D INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE GENERATION, FACILITY, AND MANAGEMENT; FEES AND FUNDS
- Texas Section 361.126 - Disposal Of Demolition Waste From Abandoned Or Nuisance Building
(a) This section applies only to a building that has been: (1) abandoned or found to be a nuisance; (2) acquired by the county or...
- Texas Section 361.131 - Definitions
In this subchapter: (1) "Captured facility" means a manufacturing or production facility which generates an industrial solid waste or hazardous waste which is routinely stored,...
- Texas Section 361.132 - Hazardous And Solid Waste Fees; Waste Management Account
(a) The waste management account is an account in the general revenue fund. (b) The account consists of money: (1) collected by the commission under...
- Texas Section 361.133 - Hazardous And Solid Waste Remediation Fee Account
(a) The hazardous and solid waste remediation fee account is an account in the general revenue fund. (b) The account consists of money collected by...
- Texas Section 361.134 - Industrial Solid Waste And Hazardous Waste Generation Fee
(a) The annual generation fee prescribed by this section is imposed on each generator who generates Class I industrial solid waste or hazardous waste during...
- Texas Section 361.135 - Industrial Solid Waste And Hazardous Waste Facility Fee
(a) The annual facility fee prescribed by this section is imposed on each person who holds one or more permits for the management of Class...
- Texas Section 361.136 - Industrial Solid Waste And Hazardous Waste Management Fee
(a) Except as provided by Subsections (e) through (i), a fee shall be imposed on the owner or operator of a waste storage, processing, or...
- Texas Section 361.137 - Permit Application Fee
(a) A permit application fee is imposed on each applicant for an industrial solid waste or hazardous waste permit. (b) The commission by rule shall...
- Texas Section 361.138 - Fee On The Sale Of Batteries
(a) In this section: (1) "Engaged in business in this state" has the meaning provided under Sections 151.107(a) and (b), Tax Code. (2) "Lead-acid battery"...
- Texas Section 361.139 - Factors To Be Considered In Setting Fees
(a) To promote the public policy of preferred waste management methods under Section 361.023 and to provide for an equitable fee rate structure, the commission...
SUBCHAPTER E POWERS AND DUTIES OF LOCAL GOVERNMENTS
- Texas Section 361.140 - Interest And Penalties
(a) The commission by rule shall establish requirements for the assessment of penalties and interest for late payment of fees owed the state under Sections...
- Texas Section 361.151 - Relationship Of County Authority To State Authority
(a) Each county has the solid waste management powers prescribed under this subchapter. (b) The exercise of the licensing authority and other powers granted to...
- Texas Section 361.152 - Limitation On County Powers Concerning Industrial Solid Waste
The powers specified by Sections 361.154-361.162 and Section 364.011 (County Solid Waste Control Act) may not be exercised by a county with respect to the...
- Texas Section 361.153 - County Solid Waste Plans And Programs; Fees
(a) A county may appropriate and spend money from its general revenues to manage solid waste and to administer a solid waste program and may...
- Texas Section 361.154 - County Licensing Authority
(a) Except as provided by Sections 361.151 and 361.152, a county may require and issue licenses authorizing and governing the operation and maintenance of facilities...
- Texas Section 361.155 - County Notification Of License Application To Commission
The county shall mail a copy of each license application with pertinent supporting data to the commission. The commission has at least 60 days to...
- Texas Section 361.156 - Separate License For Each Facility
(a) A county shall issue a separate license for each solid waste facility. (b) A license under this subchapter may be issued only to the...
- Texas Section 361.157 - Contents Of License
A license for a solid waste facility issued by a county must include: (1) the name and address of each person who owns the land...
- Texas Section 361.158 - License Fee
(a) A county may charge a license fee not to exceed $100, as set by the commissioners court of the county. (b) The fees shall...
- Texas Section 361.159 - License Issuance; Amendment, Extension, And Renewal
(a) A county may amend, extend, or renew a license it issues in accordance with county rules. (b) The procedures prescribed by Section 361.155 apply...
- Texas Section 361.160 - License Amendment
(a) A county may, for good cause, after hearing with notice to the license holder and to the commission, amend a license it issues for...
- Texas Section 361.161 - Permit From Commission Not Required
If a county issues, amends, renews, or extends a license in accordance with Sections 361.154-361.160, the owner or operator of the facility is not required...
- Texas Section 361.162 - Designation Of Areas Suitable For Facilities
(a) Subject to the limitation under Sections 361.151 and 361.152, a county may designate land areas not in the territorial limits or extraterritorial jurisdiction of...
- Texas Section 361.163 - Cooperative Agreements With Local Governments
A county may enter into cooperative agreements with local governments and other governmental entities to jointly operate solid waste management activities and to charge reasonable...
- Texas Section 361.165 - Political Subdivisions With Jurisdiction In Two Or More Counties
(a) This section applies to a political subdivision of the state that: (1) has jurisdiction of territory in more than one county; and (2) has...
- Texas Section 361.166 - Municipal Restrictions
A municipality may not abolish or restrict the use or operation of a solid waste facility in its limits or extraterritorial jurisdiction if the solid...
SUBCHAPTER F REGISTRY AND CLEANUP OF CERTAIN HAZARDOUS WASTE FACILITIES
- Texas Section 361.167 - Operation Of Facility By Political Subdivision
A municipality or other political subdivision operating a solid waste facility may not be prevented from operating the solid waste facility on the ground that...
- Texas Section 361.181 - State Registry: Annual Publication
(a) The commission shall annually publish an updated state registry identifying, to the extent feasible, each facility that may constitute an imminent and substantial endangerment...
- Texas Section 361.182 - Investigations
(a) The executive director may conduct investigations of facilities that are listed on the state registry, or that the executive director has reason to believe...
- Texas Section 361.183 - Registry Listing Procedure: Determination Of Eligibility
(a) Before listing a facility on the state registry, the executive director shall determine whether the potential endangerment to public health and safety or the...
- Texas Section 361.184 - Registry Listing Procedure: Notices And Hearing
(a) If the executive director determines that a facility is eligible for listing on the state registry, the commission shall publish in the Texas Register...
- Texas Section 361.185 - Investigation/feasibility Study
(a) After the public meeting or after opportunity to request a public meeting has passed, but before any listing of the facility on the state...
- Texas Section 361.1855 - Proposal Of Land Use Other Than Residential
(a) The executive director shall hold a public meeting to obtain public input and information regarding the appropriate use of land on which a facility...
- Texas Section 361.186 - Facility Eligible For Listing: Activities And Change Of Use
(a) If the executive director determines that a facility is eligible for listing on the state registry, a person may not perform at the facility...
- Texas Section 361.187 - Proposed Remedial Action
(a) Within a reasonable time after the completion of the remedial investigation/feasibility study or other similar study, if required, the executive director shall select a...
- Texas Section 361.1875 - Exclusion Of Certain Potentially Responsible Parties
(a) The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for...
- Texas Section 361.188 - Final Administrative Order
(a) After consideration of all good faith offers to perform a remedial action, the commission shall issue a final administrative order that must: (1) list...
- Texas Section 361.189 - Deletions From Registry
(a) The executive director or an owner or operator or other named responsible party of a facility listed or to be listed on the state...
- Texas Section 361.190 - Change In Use Of Listed Facility
(a) After the listing of a facility on the state registry, a person may not substantially change the manner in which the facility is used...
- Texas Section 361.191 - Immediate Removal
(a) If the commission, after investigation, finds that there exists a release or threatened release of a hazardous substance at a facility that is causing...
- Texas Section 361.192 - Remedial Action By Commission
(a) If a person ordered to eliminate an imminent and substantial endangerment to the public health and safety or the environment has failed to do...
- Texas Section 361.193 - Goal Of Remedial Action
(a) The goal of any remedial action is the elimination of the imminent and substantial endangerment to the public health and safety or the environment...
- Texas Section 361.194 - Lien
(a) In addition to all other remedies available to the state under this chapter or other law, all remediation costs for which a person is...
- Texas Section 361.195 - Payments From Hazardous And Solid Waste Remediation Fee Account
(a) Money for actions taken or to be taken by the commission in connection with the elimination of an imminent and substantial endangerment to the...
- Texas Section 361.196 - Remediation: Permits Not Required; Liability
(a) Potentially responsible parties shall coordinate with ongoing federal and state hazardous waste programs although a state or local permit may not be required for...
- Texas Section 361.197 - Cost Recovery
(a) The commission shall file a cost recovery action against all responsible parties who have not complied with the terms of an administrative order issued...
- Texas Section 361.199 - Mixed Funding Program
The commission by rule shall adopt a mixed funding program in which available money from potentially responsible parties is combined with state or federal funds...
- Texas Section 361.200 - Settlement
The commission shall assess and by rule may develop and implement a settlement program. Under the program, the commission shall consider the advantages of developing...
- Texas Section 361.201 - Financial Capability And Funding Priority
(a) The commission may determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action. The commission by...
SUBCHAPTER I ENFORCEMENT; ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT
- Texas Section 361.202 - Deadline Extensions
The executive director or the commission may extend any period specified in this section if considered appropriate. Acts 1989, 71st Leg., ch. 678, Sec. 1,...
- Texas Section 361.271 - Persons Responsible For Solid Waste
(a) Unless otherwise defined in applicable statutes and rules, a person is responsible for solid waste if the person: (1) is any owner or operator...
- Texas Section 361.272 - Administrative Orders Concerning Imminent And Substantial Endangerment
(a) The commission may issue an administrative order to a person responsible for solid waste if it appears that there is an actual or threatened...
- Texas Section 361.273 - Injunction As Alternative To Administrative Order
The commission may cause a civil suit for injunctive relief to be brought in a district court in the county in which the actual release...
- Texas Section 361.274 - No Prior Notice Concerning Administrative Order
An administrative order under Section 361.272 does not require prior notice or an adjudicative hearing before the commission. An emergency administrative order may be issued...
- Texas Section 361.275 - Defenses
(a) A person responsible for solid waste under Section 361.271 is liable under Section 361.272 or 361.273 unless the person can establish by a preponderance...
- Texas Section 361.276 - Apportionment Of Liability
(a) If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible,...
- Texas Section 361.277 - Effect Of Settlement Agreement With State
(a) If fewer than all of the persons identified as liable under this subchapter agree with the state to take remedial action to abate an...
- Texas Section 361.278 - Liability Of Engineer Or Contractor
(a) An engineer or contractor performing a program of remedial action or cleanup of hazardous waste or solid waste under a contract with a state...
SUBCHAPTER J ENFORCEMENT; EMERGENCY ORDER; CORRECTIVE ACTION
- Texas Section 361.279 - Contracts With State
A state agency contracting for services or products shall consider whether the person proposing to contract with the state has been adjudicated during the preceding...
SUBCHAPTER K APPEALS; JOINDER OF PARTIES
- Texas Section 361.301 - Emergency Order
The commission may issue an emergency mandatory, permissive, or prohibitory order concerning an activity of solid waste management under its jurisdiction under Section 5.512, Water...
- Texas Section 361.321 - Appeals
(a) A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a...
- Texas Section 361.322 - Appeal Of Administrative Order Issued Under Section 361
Sec. 361.322. APPEAL OF ADMINISTRATIVE ORDER ISSUED UNDER SECTION 361.272; JOINDER OF PARTIES. (a) Any person subject to an administrative order under Section 361.272 may...
SUBCHAPTER L COST RECOVERY
- Texas Section 361.323 - Joinder Of Parties In Action Filed By State
(a) In an action brought by the attorney general under Section 361.273 seeking an injunction to eliminate a release or threatened release, the attorney general...
- Texas Section 361.341 - Cost Recovery By State
(a) The state is entitled to recover reasonable attorney's fees, reasonable costs to prepare and provide witnesses, and reasonable costs of investigating and assessing the...
- Texas Section 361.342 - Cost Recovery By Appealing Or Contesting Party
If the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named...
- Texas Section 361.343 - Apportionment Of Costs
(a) Apportionment of costs for the elimination of the release or threatened release of solid waste among the persons responsible for solid waste under Section...
- Texas Section 361.344 - Cost Recovery By Liable Party Or Third Party
(a) A person who conducts a removal or remedial action that is approved by the commission and is necessary to address a release or threatened...
SUBCHAPTER M REMOVAL AND REMEDIAL ACTION AGREEMENTS
- Texas Section 361.345 - Creation Of Rights
Subchapter I and Section 361.344 and the enforcement by the commission of that subchapter and section do not: (1) create rights or causes of action...
- Texas Section 361.401 - Definitions
In this subchapter: (1) "Disposal facility" means a site or area at which a hazardous substance, pollutant, or contaminant has been deposited, stored, disposed of,...
- Texas Section 361.402 - Commission Duties And Powers
(a) The commission shall: (1) administer this subchapter; and (2) cooperate with municipalities and with agencies, departments, and political subdivisions of this state and the...
- Texas Section 361.403 - Terms And Conditions Of Agreements; Costs
(a) If the commission enters into a contract or cooperative agreement under Section 104(c)(3) of the environmental response law, the commission shall include in the...
- Texas Section 361.404 - Cooperation With Federal Government
(a) Before entering into a contract or cooperative agreement under Section 361.402, the commission shall consult and work with the federal government in determining the...
SUBCHAPTER N WASTE REDUCTION PROGRAMS; DISPOSAL FEES
- Texas Section 361.405 - Indemnification Of Engineer Or Contractor
(a) Notwithstanding any other law or rule, the commission may agree in a contract retaining an engineer or contractor to perform a program of removal,...
- Texas Section 361.421 - Definitions
In this subchapter: (1) "Compost" is the disinfected and stabilized product of the decomposition process that is used or sold for use as a soil...
- Texas Section 361.422 - State Source Reduction And Recycling Goal
(a) It is the state's goal to reduce by January 1, 1994, the amount of municipal solid waste disposed of in this state by at...
- Texas Section 361.423 - Recycling Market Development Implementation Program
(a) The commission, the comptroller, and other consenting state agencies as appropriate shall regularly coordinate the recycling activities of state agencies and shall each pursue...
- Texas Section 361.425 - Governmental Entity Recycling
(a) A state agency, state court or judicial agency, a university system or institution of higher education, a county, municipality, school district, or special district...
- Texas Section 361.426 - Governmental Entity Preference For Recycled Products
(a) A state agency, state court, or judicial agency not subject to Subtitle D, Title 10, Government Code, a county, municipality, school district, junior or...
- Texas Section 361.427 - Specifications For Recycled Products
(a) The commission, in consultation with the comptroller, shall promulgate rules to establish guidelines which specify the percent of the total content of a product...
- Texas Section 361.428 - Composting Program
(a) The commission shall put in place incentives for a composting program that is capable of achieving at least a 15 percent reduction in the...
- Texas Section 361.429 - Household Hazardous Waste
The commission shall develop standards for household hazardous waste diversion programs such as collection facilities or waste collection days for municipalities, counties, or regions. The...
- Texas Section 361.430 - Newsprint Recycling Program
(a) It is the policy of this state that recycling of all paper products including old newspapers is vital to our economy and the preservation...
SUBCHAPTER O LEAD-ACID BATTERIES
- Texas Section 361.431 - Prioritization Of New Technology
(a) A political subdivision or solid waste producer shall give preference in contracting for the disposal of solid waste to license or permit holders who...
- Texas Section 361.451 - Land Disposal Prohibited
(a) No person may place a used lead-acid battery in mixed municipal solid waste nor discard or otherwise dispose of a lead-acid battery except by...
- Texas Section 361.452 - Collection For Recycling
A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in this state shall: (1) accept from each customer, if offered,...
- Texas Section 361.453 - Inspection Of Battery Retailers
The commission shall produce, print, and distribute the notices required by Section 361.452 to all places where lead-acid batteries are offered for sale at retail....
SUBCHAPTER Q POLLUTION PREVENTION
- Texas Section 361.454 - Lead-acid Battery Wholesalers
Any person selling new lead-acid batteries at wholesale shall accept from customers, at the point of transfer, used lead-acid batteries for recycling, if offered by...
- Texas Section 361.501 - Definitions
In this subchapter: (1) "Acute hazardous waste" means hazardous waste listed by the administrator of the United States Environmental Protection Agency under the federal Solid...
- Texas Section 361.502 - Policy And Goals For Source Reduction And Waste Minimization
(a) It is the policy of the state to reduce pollution at its source and to minimize the impact of pollution in order to reduce...
- Texas Section 361.503 - Commission Plans
(a) Consistent with state and federal regulations, to achieve the policies stated in Section 361.502, the commission by rule shall, to the maximum extent that...
- Texas Section 361.504 - Application
(a) Except as provided by Subsection (b), this subchapter applies to the following persons: (1) all large-quantity generators of hazardous waste; (2) all generators other...
- Texas Section 361.505 - Source Reduction And Waste Minimization Plans
(a) Persons identified under Section 361.504(a)(1) or (a)(3) shall prepare a source reduction and waste minimization plan. Plans developed under this section shall contain a...
- Texas Section 361.506 - Source Reduction And Waste Minimization Annual Report
(a) A person required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission an...
- Texas Section 361.5061 - Planning And Reporting Requirements: Institutions Of Higher Education
An institution of higher education that is required to develop a source reduction and waste minimization plan under this subchapter for more than one facility...
- Texas Section 361.507 - Administrative Completeness
(a) The commission may review a source reduction and waste minimization plan or annual report to determine whether the plan or report complies with this...
- Texas Section 361.508 - Confidentiality
(a) A source reduction and waste minimization plan shall be maintained at each facility owned or operated by a person who is subject to this...
SUBCHAPTER R USE OF LAND OVER MUNICIPAL SOLID WASTE LANDFILLS
- Texas Section 361.509 - Source Reduction And Waste Minimization Assistance
(a) The office of pollution prevention established under Section 361.0216 shall assist generators of hazardous waste and owners or operators of facilities that release pollutants...
- Texas Section 361.531 - Definitions
In this subchapter: (1) "Develop" or "development" means an activity on or related to real property that is intended to lead to the construction or...
- Texas Section 361.532 - Permit Required For Development Of Certain Land
(a) The owner or lessee of land located over any part of a closed municipal solid waste landfill unit may not develop the land unless...
- Texas Section 361.533 - Application For Development Permit
(a) The owner or lessee of land located over any part of a closed municipal solid waste landfill facility may apply for a permit to...
- Texas Section 361.534 - Permit Public Meeting
(a) The commission may hold a public meeting on an application under this subchapter. (b) The commission shall hold a public meeting on an application...
- Texas Section 361.535 - Issuance Of Permit; Permit Conditions
(a) The commission may issue a permit for the development of land over a closed municipal solid waste landfill facility only if the commission finds...
- Texas Section 361.536 - Requirements For Structures On Closed Municipal Solid Waste Landfill Facility
(a) The owner or lessee of an existing or new structure that overlies a closed municipal solid waste landfill facility shall install automatic methane gas...
- Texas Section 361.537 - Lease Restriction; Notice To Lessee
A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless: (1) existing development on the...
- Texas Section 361.538 - Soil Test Required Before Development Of Certain Land
(a) A person may not undertake the development of a tract of land that is greater than one acre in area unless the person has...
SUBCHAPTER S MEDICAL WASTE; CRIMINAL PENALTIES
- Texas Section 361.539 - Notice To Buyers, Lessees, And Occupants
(a) An owner of land that overlies a closed municipal solid waste landfill facility shall prepare a written notice stating the former use of the...
SUBCHAPTER S VOLUNTARY CLEANUP PROGRAM
- Texas Section 361.561 - Radioactive Medical Waste
Disposal of radioactive medical waste is governed by Chapter 401. Added by Acts 1995, 74th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1995. Subchapter...
- Texas Section 361.601 - Definitions
In this subchapter: (1) "Contaminant" includes: (A) solid waste; (B) hazardous waste; (C) a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D,...
- Texas Section 361.602 - Purpose
The purpose of the voluntary cleanup program is to provide incentive to remediate property by removing liability of lenders and future landowners. The program does...
- Texas Section 361.603 - Eligibility For Voluntary Cleanup Program
(a) Any site is eligible for participation in the voluntary cleanup program except the portion of a site that is subject to a commission permit...
- Texas Section 361.6035 - Eligibility Of Certain Persons For Release From Liability
Text of section effective upon agreement with United States Environmental Protection Agency (a) A person who purchased a site before September 1, 1995, is...
- Texas Section 361.604 - Application To Participate In Voluntary Cleanup Program
(a) A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application...
- Texas Section 361.605 - Rejection Of Application
(a) The executive director may reject an application submitted under Section 361.604 if: (1) an administrative, state, or federal enforcement action is pending that concerns...
- Texas Section 361.606 - Voluntary Cleanup Agreement
(a) Before the executive director evaluates any plan or report detailing the remediation goals and proposed methods of remediation, the person desiring to participate in...
- Texas Section 361.607 - Termination Of Agreement; Cost Recovery
(a) The executive director or the person in its sole discretion may terminate the agreement by giving 15 days' advance written notice to the other....
- Texas Section 361.608 - Voluntary Cleanup Work Plans And Reports
(a) After signing a voluntary cleanup agreement, the person shall prepare and submit the appropriate work plans and reports to the executive director. (b) The...
- Texas Section 361.609 - Certificate Of Completion
(a) If the executive director determines that a person has successfully completed a voluntary cleanup approved under this subchapter, the executive director shall certify that...
- Texas Section 361.610 - Persons Released From Liability
(a) A person who is not a responsible party under Section 361.271 or 361.275(g) at the time the person applies to perform a voluntary cleanup:...
- Texas Section 361.611 - Permit Not Required
(a) A state or local permit is not required for removal or remedial action conducted on a site as part of a voluntary cleanup under...
- Texas Section 361.612 - Public Participation
The commission may adopt rules pertaining to public participation in voluntary cleanup decisions. Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept....
SUBCHAPTER T FIDUCIARY LIABILITY
- Texas Section 361.613 - Cost Report; Budget Allocation
(a) The executive director annually shall calculate the commission's costs to administer the voluntary cleanup program under this subchapter and shall publish in the Texas...
- Texas Section 361.651 - Definitions
In this subchapter: (1) "Fiduciary": (A) means a person acting for the benefit of another party as a bona fide: (i) trustee; (ii) executor; (iii)...
SUBCHAPTER U LENDER LIABILITY
- Texas Section 361.652 - Liability Of Fiduciaries
(a) Except as otherwise provided by Subchapter I, Chapter 26, Water Code, or rules adopted under that subchapter, the liability of a fiduciary under this...
- Texas Section 361.701 - Definitions
In this subchapter: (1) "Extension of credit" includes a lease finance transaction: (A) in which the lessor does not initially select the leased solid waste...
- Texas Section 361.702 - Exclusion Of Lenders Not Participants In Management
(a) In Section 361.271, the term "owner or operator" does not include a person that is a lender that: (1) without participating in the management...
SUBCHAPTER V IMMUNITY FROM LIABILITY OF INNOCENT OWNER OR OPERATOR
- Texas Section 361.703 - Participation In Management
(a) For purposes of Section 361.702, the term "participate in management": (1) means actually participating in the management or operational affairs of a solid waste...
- Texas Section 361.751 - Definitions
In this subchapter: (1) "Contaminant" has the meaning assigned by Section 361.601. (2) "Innocent owner or operator" means a person that: (A) is an owner...
- Texas Section 361.752 - Immunity From Liability; Access To Property
(a) An innocent owner or operator of property is not liable under this code or the Water Code for investigation, monitoring, remediation, or corrective or...
- Texas Section 361.753 - Certification
(a) A person may apply to the commission for a certificate confirming that the person is an innocent owner or operator. The application must include...
SUBCHAPTER W MUNICIPAL SETTING DESIGNATIONS
- Texas Section 361.754 - Rights Of Innocent Owner Or Operator Regarding Contamination From Source Not Located On Or At Property
This subchapter does not limit the right of an innocent owner or operator to pursue any remedy available at law or in equity for conditions...
- Texas Section 361.801 - Definitions
In this subchapter: (1) "Contaminant" includes: (A) solid waste; (B) hazardous waste; (C) a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D,...
- Texas Section 361.8015 - Legislative Findings
(a) The legislature finds that access to and the use of groundwater may need to be restricted to protect public health and welfare where the...
- Texas Section 361.802 - Purpose
The purpose of this subchapter is to provide authorization to the executive director to certify municipal setting designations for municipal properties in order to limit...
- Texas Section 361.803 - Eligibility For A Municipal Setting Designation
A person, including a local government, may submit a request to the executive director for a municipal setting designation for property if: (1) the property...
- Texas Section 361.804 - Application For A Municipal Setting Designation
(a) A person seeking to obtain a municipal setting designation under this subchapter must submit an application to the executive director as prescribed by this...
- Texas Section 361.805 - Notice
(a) On or before the date of submission of an application to the executive director, a person seeking a municipal setting designation must provide notice...
- Texas Section 361.806 - Denial Of Application
(a) The executive director shall deny an application submitted under Section 361.804 if: (1) any of the eligibility criteria described in Section 361.803 have not...
- Texas Section 361.8065 - Precertification Requirements
(a) Except as provided by Subsection (c), before the executive director may issue a municipal setting designation certificate under Section 361.807, the applicant must provide...
- Texas Section 361.807 - Certification
(a) If the executive director determines that an applicant has complied with Section 361.8065 and submitted a complete application, the executive director shall issue a...
SUBCHAPTER X COUNTY PROGRAMS FOR CLEANUP AND ECONOMIC REDEVELOPMENT OF BROWNFIELDS
- Texas Section 361.808 - Investigation And Response Action Requirements
(a) If no potable water wells are located within one-half mile beyond the boundary of a municipal setting designation, the executive director shall not require...
- Texas Section 361.901 - Definitions
In this subchapter: (1) "Assessment" means an environmental assessment described by Section 361.904. (2) "Brownfield" means real property the expansion, redevelopment, or reuse of which...
- Texas Section 361.902 - County Brownfield Cleanup And Economic Redevelopment Program
(a) The commissioners court of a county with a population of 250,000 or more may establish a program for the cleanup and economic redevelopment of...
- Texas Section 361.903 - Brownfield Cleanup And Economic Redevelopment Fund
(a) The commissioners court of a county may establish a fund for a brownfield program and deposit to the credit of the fund any money...
- Texas Section 361.904 - Environmental Assessment
An assessment under this subchapter must include: (1) a legal description of the property or facility; (2) a description of the physical characteristics of the...
- Texas Section 361.905 - Tax Abatement Agreement Incentives
Subject to the requirements of Subchapter C, Chapter 312, Tax Code, a county may designate an area of the county that contains a brownfield as...
- Texas Section 361.906 - Contracts For Site Remediation Or Inspection
(a) A county may contract with a licensed professional engineer or contractor to: (1) conduct remediation for an eligible site owned by the county; or...
- Texas Section 361.907 - Grants And Loans
To help finance an assessment, eligible site remediation, or inspection, a county may provide money as a grant or a loan from a county fund...
- Texas Section 361.908 - Liaison To Environmental Protection Agency
A county that establishes a brownfield program may act as a liaison between an eligible owner, licensed professional engineer, or contractor and the Environmental Protection...
- Texas Section 361.909 - Liaison To Commission
A county that establishes a brownfield program may act as a liaison between the commission and an eligible owner, licensed professional engineer, or contractor to...
- Texas Section 361.910 - Limitations On Liability
(a) A person who is an eligible owner, licensed contractor, or licensed professional engineer engaged in an assessment, eligible site remediation, or property or facility...
- Texas Section 361.911 - Failure To Pass Inspection
The owner of a property or facility who is denied a certificate under Section 361.910: (1) is entitled to receive a detailed description of actions...
SUBCHAPTER Y COMPUTER EQUIPMENT RECYCLING PROGRAM
- Texas Section 361.912 - Commission Assistance
The commission may provide: (1) educational, advisory, and technical services concerning assessment, remediation, and inspection of brownfields to a county that establishes a brownfield program...
- Texas Section 361.951 - Short Title
This subchapter may be cited as the Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act. Added by Acts 2007, 80th Leg., R.S.,...
- Texas Section 361.952 - Definitions
In this subchapter: (1) "Brand" means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product....
- Texas Section 361.953 - Legislative Findings And Purpose
(a) Computers and related display devices are critical elements to the strength and growth of this state's economic prosperity and quality of life. Many of...
- Texas Section 361.954 - Applicability
(a) The collection, recycling, and reuse provisions of this subchapter apply to computer equipment used and returned to the manufacturer by a consumer in this...
- Texas Section 361.955 - Manufacturer Responsibilities
(a) Before a manufacturer may offer computer equipment for sale in this state, the manufacturer must: (1) adopt and implement a recovery plan; and (2)...
- Texas Section 361.956 - Retailer Responsibility
(a) A person who is a retailer of computer equipment may not sell or offer to sell new computer equipment in this state unless the...
- Texas Section 361.957 - Liability
(a) A manufacturer or retailer of computer equipment is not liable in any way for information in any form that a consumer leaves on computer...
- Texas Section 361.958 - Commission's Education Responsibilities
(a) The commission shall educate consumers regarding the collection, recycling, and reuse of computer equipment. (b) The commission shall host or designate another person to...
- Texas Section 361.959 - Enforcement
(a) The commission may conduct audits and inspections to determine compliance with this subchapter. (b) The commission and the attorney general, as appropriate, shall enforce...
- Texas Section 361.960 - Financial And Proprietary Information
Financial or proprietary information submitted to the commission under this subchapter is exempt from public disclosure under Chapter 552, Government Code. Added by Acts 2007,...
- Texas Section 361.961 - Annual Report To Legislature
The commission shall compile information from manufacturers and issue an electronic report to the committee in each house of the legislature having primary jurisdiction over...
- Texas Section 361.962 - Fees Not Authorized
This subchapter does not authorize the commission to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person...
- Texas Section 361.963 - Consumer Responsibilities
(a) A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused. (b) A...
- Texas Section 361.964 - Sound Environmental Management
(a) All computer equipment collected under this subchapter must be recycled or reused in a manner that complies with federal, state, and local law. (b)...
- Texas Section 361.965 - State Procurement Requirements
(a) In this section, "state agency" has the meaning assigned by Section 2052.101, Government Code. (b) A person who submits a bid for a contract...
SUBCHAPTER Z TELEVISION EQUIPMENT RECYCLING PROGRAM
- Texas Section 361.966 - Federal Preemption; Expiration
(a) If federal law establishes a national program for the collection and recycling of computer equipment and the commission determines that the federal law substantially...
- Texas Section 361.971 - Definitions
In this subchapter: (1) "Brand" has the meaning assigned by Section 361.952. (2) "Consumer" means an individual who uses covered television equipment that is purchased...
- Texas Section 361.972 - Legislative Findings And Purpose
The purpose of this subchapter is to establish a comprehensive, convenient, and environmentally sound program for the collection and recycling of television equipment. The program...
- Texas Section 361.973 - Applicability
(a) Except as provided by this section and Section 361.991, this subchapter applies only to covered television equipment that is: (1) offered for sale or...
- Texas Section 361.974 - Sales Prohibition
A person may not offer for sale in this state new covered television equipment unless the equipment has been labeled in compliance with Section 361.975....
- Texas Section 361.975 - Manufacturer's Labeling Requirement
A television manufacturer may sell or offer for sale in this state only covered television equipment that is labeled with the television manufacturer's brand. The...
- Texas Section 361.976 - Manufacturers' Registration And Reporting
(a) A television manufacturer of covered television equipment shall register with the commission and, except as provided by Section 361.979, pay a registration fee of...
- Texas Section 361.977 - Television Recycling Account
(a) The television recycling account is an account in the general revenue fund that consists of the: (1) fees collected under Section 361.976; and (2)...
- Texas Section 361.978 - Manufacturer's Recovery Plan And Related Responsibilities
(a) This section does not apply to a television manufacturer that participates in a recycling leadership program described by Section 361.979. (b) Not later than...
- Texas Section 361.979 - Manufacturer Recycling Leadership Program
(a) A group of television manufacturers may establish a recycling leadership program to provide collection, transportation, and recycling infrastructure for covered television equipment in this...
- Texas Section 361.980 - Recycling Leadership Program Collection Report
(a) Not later than January 31 of every other year beginning with the television manufacturer's second year of registration, a television manufacturer of covered television...
- Texas Section 361.981 - Retailer Responsibility
(a) A retailer may order and sell only products from a television manufacturer that is included on the list published under Section 361.984(a). A retailer...
- Texas Section 361.982 - Recycler Responsibilities
(a) This section does not apply to a television manufacturer. (b) A person who is engaged in the business of recycling covered television equipment in...
- Texas Section 361.983 - Liability
(a) A television manufacturer, retailer, or person who recycles covered television equipment is not liable in any way for information in any form that a...
- Texas Section 361.984 - Commission Responsibilities
(a) The commission shall publish on a publicly accessible Internet website a list of television manufacturers: (1) whose recovery plans have been approved by the...
- Texas Section 361.985 - Enforcement
(a) The commission may conduct audits and inspections to ensure compliance with this subchapter and rules adopted under this subchapter. (b) The commission and the...
- Texas Section 361.986 - Financial And Proprietary Information
Financial or proprietary information submitted to the commission under this subchapter is exempt from public disclosure under Chapter 552, Government Code. Added by Acts 2011,...
- Texas Section 361.987 - Biennial Report To Legislature
(a) The commission shall compile information from television manufacturers and issue an electronic report to the committee in each house of the legislature having primary...
- Texas Section 361.988 - Fees
(a) Except as provided by Section 361.976(a), this subchapter does not authorize the commission to impose a fee, including a recycling fee, on a consumer,...
- Texas Section 361.989 - Consumer Responsibilities
(a) A consumer is responsible for any information in any form left on the consumer's covered television equipment that is collected or recycled. (b) A...
- Texas Section 361.990 - Management Of Collected Television Equipment
(a) Covered television equipment collected under this subchapter must be disposed of or recycled in a manner that complies with federal, state, and local law....
- Texas Section 361.991 - State Procurement Requirements
(a) In this section, "state agency" has the meaning assigned by Section 2052.101, Government Code. (b) A person who submits a bid for a contract...
- Texas Section 361.992 - Federal Preemption; Expiration
(a) If federal law establishes a national program for the collection and recycling of covered television equipment and the commission determines that the federal law...