SUBCHAPTER A ADMINISTRATIVE PROVISIONS
- Texas Section 26.001 - Definitions
As used in this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Executive administrator"...
- Texas Section 26.002 - Ownership Of Underground Water
Nothing in this chapter affects ownership rights in underground water. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1,
SUBCHAPTER B GENERAL POWERS AND DUTIES
- Texas Section 26.003 - Policy Of This Subchapter
It is the policy of this state and the purpose of this subchapter to maintain the quality of water in the state consistent with the...
- Texas Section 26.011 - In General
Except as otherwise specifically provided, the commission shall administer the provisions of this chapter and shall establish the level of quality to be maintained in,...
- Texas Section 26.012 - State Water Quality Plan
The executive director shall prepare and develop a general, comprehensive plan for the control of water quality in the state which shall be used as...
- Texas Section 26.013 - Research, Investigations
The executive director shall conduct or have conducted any research and investigations it considers advisable and necessary for the discharge of the duties under this...
- Texas Section 26.0135 - Watershed Monitoring And Assessment Of Water Quality
(a) To ensure clean water, the commission shall establish the strategic and comprehensive monitoring of water quality and the periodic assessment of water quality in...
- Texas Section 26.0136 - Water Quality Management
(a) The commission is the agency with primary responsibility for implementation of water quality management functions, including enforcement actions, within the state. Water quality management...
- Texas Section 26.014 - Power To Enter Property
The members of the commission and employees and agents of the commission are entitled to enter any public or private property at any reasonable time...
- Texas Section 26.015 - Power To Examine Records
The members of the commission and employees and agents of the commission may examine and copy during regular business hours any records or memoranda pertaining...
- Texas Section 26.0151 - Public Information
(a) The commission shall provide for publishing or otherwise releasing on a regular basis as public information: (1) the results of inspections and investigations conducted...
- Texas Section 26.017 - Cooperation
The commission shall: (1) encourage voluntary cooperation by the people, cities, industries, associations, agricultural interests, and representatives of other interests in preserving the greatest possible...
- Texas Section 26.018 - Contracts, Instruments
With the approval of the commission, the executive director may make contracts and execute instruments that are necessary or convenient to the exercise of the...
- Texas Section 26.019 - Orders
The commission is authorized to issue orders and make determinations necessary to effectuate the purposes of this chapter. Amended by Acts 1977, 65th Leg., p....
- Texas Section 26.0191 - Temporary Or Emergency Order Relating To Discharge Of Waste Or Pollutants
The commission may issue a temporary or emergency order relating to the discharge of waste or pollutants under Section 5.509. Amended by Acts 1977, 65th...
- Texas Section 26.020 - Hearing Powers
The commission may call and hold hearings, administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production...
- Texas Section 26.021 - Delegation Of Hearing Powers
(a) The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject...
- Texas Section 26.022 - Notice Of Hearings; Continuance
(a) Except as otherwise provided in Sections 5.501, 5.504, 5.509, and 26.176, the provisions of this section apply to all hearings conducted in compliance with...
- Texas Section 26.023 - Water Quality Standards
The commission by rule shall set water quality standards for the water in the state and may amend the standards from time to time. The...
- Texas Section 26.024 - Hearings On Standards; Consultation
Before setting or amending water quality standards, the commission shall: (1) hold public hearings at which any person may appear and present evidence under oath,...
- Texas Section 26.025 - Hearings On Standards; Notice To Whom
(a) The commission shall provide notice of a hearing under Section 26.024 of this code by publishing the notice in the Texas Register. (b) In...
- Texas Section 26.026 - Standards To Be Published
The commission shall publish its water quality standards and amendments and shall make copies available to the public on written request. Amended by Acts 1977,...
- Texas Section 26.027 - Commission May Issue Permits
(a) The commission may issue permits and amendments to permits for the discharge of waste or pollutants into or adjacent to water in the state....
- Texas Section 26.0271 - Permits Authorizing Reuse Water System Contributions And Discharges
(a) This section applies only to wastewater treatment facilities operated by an agency of a home-rule municipality with a population of one million or more....
- Texas Section 26.0272 - Permits Authorizing Discharges From Certain Seawater Desalination Facilities
(a) This section applies only to a facility that generates water treatment residuals from the desalination of seawater solely for use as part of an...
- Texas Section 26.028 - Action On Application
(a) Notice of an application for a permit, permit amendment, or permit renewal shall be given to the persons who in the judgment of the...
- Texas Section 26.0281 - Consideration Of Compliance History
In considering the issuance, amendment, or renewal of a permit to discharge effluent comprised primarily of sewage or municipal waste, the commission shall consider the...
- Texas Section 26.0282 - Consideration Of Need And Regional Treatment Options
In considering the issuance, amendment, or renewal of a permit to discharge waste, the commission may deny or alter the terms and conditions of the...
- Texas Section 26.0283 - Denial Of Application For Permit; Assistance Provided By Certain Former Employees
(a) In this section, "former employee" means a person: (1) who was previously employed by the commission as a supervisory or exempt employee; and (2)...
- Texas Section 26.0285 - Expiration Of Permits Within Same Watershed
The commission shall, to the greatest extent practicable, require that all permits for the discharge of waste within a single watershed or within a region...
- Texas Section 26.0286 - Procedures Applicable To Permits For Certain Concentrated Animal Feeding Operations
(a) In this section: (1) "Sole-source surface drinking water supply" means a body of surface water that is designated as a sole-source surface drinking water...
- Texas Section 26.029 - Conditions Of Permit; Amendment
(a) In each permit, the commission shall prescribe the conditions on which it is issued, including: (1) the duration of the permit; (2) the location...
- Texas Section 26.0291 - Water Quality Fee
(a) An annual water quality fee is imposed on: (1) each wastewater discharge permit holder, including the holder of a permit issued under Section 18.005,...
- Texas Section 26.0292 - Fees Charged To Aquaculture Facilities
(a) "Aquaculture facility" means a facility engaged in aquaculture as defined in Section 134.001, Agriculture Code. (b) Notwithstanding Sections 26.0135 and 26.0291, the combined fees...
- Texas Section 26.030 - Permit; Effect On Recreational Water
(a) In considering the issuance of a permit to discharge effluent into any body of water having an established recreational standard, the commission shall consider...
- Texas Section 26.0301 - Wastewater Operations Company Registration And Operator Licensing
(a) The holders of permits to discharge wastewater from a sewage treatment facility shall employ a treatment plant operator holding a valid license issued by...
- Texas Section 26.0311 - Standards For Control Of Graywater
(a) In this section, "graywater" has the meaning provided by Section 341.039, Health and Safety Code. (b) The commission by rule shall adopt and implement...
- Texas Section 26.033 - Rating Of Waste Disposal Systems
(a) After consultation with the Texas Department of Health, the commission shall provide by rule for a system of approved ratings for municipal waste disposal...
- Texas Section 26.034 - Approval Of Disposal System Plans
(a) The commission may, on a case-by-case basis, review and approve plans and specifications for treatment facilities, sewer systems, and disposal systems that transport, treat,...
- Texas Section 26.0345 - Discharge From Aquaculture Facilities
(a) In addition to wastewater permit conditions established under the authority of Sections 5.102, 5.103, 5.120, and 26.040, the Texas Natural Resource Conservation Commission, in...
- Texas Section 26.035 - Federal Grants
The executive director with the approval of the commission or the executive administrator with the approval of the board, as applicable under this code or...
- Texas Section 26.036 - Water Quality Management Plans
(a) The executive director shall develop and prepare, and from time to time revise, comprehensive water quality management plans for the different areas of the...
- Texas Section 26.037 - Approval Of Plans
(a) The executive director may approve water quality management plans and revisions after a public participation opportunity has been provided that at a minimum meets...
- Texas Section 26.038 - Fiscal Control On Water Quality Management Planning
In administering the program for making grants and loans to and contracting with local governments, regional planning commissions, and planning agencies as authorized in Subsection...
- Texas Section 26.039 - Accidental Discharges And Spills
(a) As used in this section: (1) "Accidental discharge" means an act or omission through which waste or other substances are inadvertently discharged into water...
- Texas Section 26.040 - General Permits
(a) The commission may issue a general permit to authorize the discharge of waste into or adjacent to waters in the state by category of...
- Texas Section 26.0405 - General Permits For Certain Sewage Treatment And Disposal Systems
(a) To the extent not in conflict with state water quality standards or federal law, the commission shall issue one or more general permits for...
- Texas Section 26.041 - Health Hazards
The commission may use any means provided by this chapter to prevent a discharge of waste that is injurious to public health. Amended by Acts...
- Texas Section 26.042 - Monitoring And Reporting
(a) The commission may prescribe reasonable requirements for a person making discharges of any waste or of any pollutant to monitor and report on his...
- Texas Section 26.043 - The State Of Texas Water Pollution Control Compact
(a) The legislature recognizes that various river authorities and municipal water districts and authorities of the state have signed, and that others are authorized to...
- Texas Section 26.044 - Disposal Of Boat Sewage
(a) In this section: (1) "Boat" means any vessel or other watercraft, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard,...
- Texas Section 26.045 - Pump-out Facilities For Boat Sewage
(a) In this section "boat," "boat pump-out station," "shoreside, mobile, or floating installation," and "surface water in the state" have the meanings assigned by Section...
- Texas Section 26.046 - Hearings On Protection Of Edwards Aquifer From Pollution
(a) As used in this section, "Edwards Aquifer" means that portion of an arcuate belt of porous, waterbearing limestones composed of the Comanche Peak, Edwards,...
- Texas Section 26.0461 - Fees For Edwards Aquifer Plans
(a) The commission may impose fees for processing plans or amendments to plans that are subject to review and approval under the commission's rules for...
- Texas Section 26.047 - Permit Conditions And Pretreatment Standards Concerning Publicly Owned Treatment Works
(a) The commission shall impose as conditions in permits for the discharge of pollutants from publicly owned treatment works requirements for information to be provided...
- Texas Section 26.048 - Prohibition Of Discharge To A Playa From A Concentrated Animal Feeding Operation
(a) Except as provided by Subsections (b) and (c) of this section, the commission may adopt rules under this section to prohibit: (1) the discharge...
- Texas Section 26.049 - Sanitary Sewer Overflows
(a) The commission may not adopt a rule governing sanitary sewer overflows, issue a permit regarding sanitary sewer overflows, or initiate any enforcement action related...
- Texas Section 26.0491 - Model Standards To Prevent Discharge Of Untreated Wastewater From Sanitary Sewers
(a) In this section, "separate sanitary sewer system" has the meaning assigned by Section 26.049. (b) The commission shall adopt model standards for use by...
- Texas Section 26.050 - Digital Copies Of Boundary Lines
The commission shall make available to the public digital copies of the Recharge, Transition, and Contributing Zone boundary lines, when they become available. Added by...
- Texas Section 26.052 - Limited Liability For Aquatic Herbicide Application
(a) In this section, "commercially licensed aquatic herbicide applicator" means a person who holds a commercial applicator license issued by the Department of Agriculture under...
SUBCHAPTER C REGIONAL AND AREA-WIDE SYSTEMS
- Texas Section 26.053 - Don't Mess With Texas Water Program
(a) The commission by rule shall establish a program to prevent illegal dumping that affects the surface waters of this state by placing signs on...
- Texas Section 26.081 - Regional Or Area-wide Systems; General Policy
(a) The legislature finds and declares that it is necessary to the health, safety, and welfare of the people of this state to implement the...
- Texas Section 26.082 - Hearing To Define Area Of Regional Or Area-wide Systems
(a) Whenever it appears to the commission that because of the existing or reasonably foreseeable residential, commercial, industrial, recreational, or other economic development in an...
- Texas Section 26.083 - Hearing To Designate Systems To Serve The Area Defined; Order; Election; Etc
(a) At the hearing held under Section 26.082 of this code or at a subsequent hearing held in or near an area defined under Section...
- Texas Section 26.084 - Actions Available To Commission After Designations Of Systems
(a) After the commission has entered an order as authorized in Section 26.083 of this code, the commission may, after public hearing and after giving...
- Texas Section 26.085 - Inclusion At A Later Time
Any person or persons who are the subject of an action taken by the commission under Section 26.084 of this code and who are excluded...
- Texas Section 26.086 - Rates For Services By Designated Systems
(a) On motion of any interested party and after a public hearing, the commission may set reasonable rates for the furnishing of waste collection, treatment,...
SUBCHAPTER D PROHIBITION AGAINST POLLUTION; ENFORCEMENT
- Texas Section 26.087 - Election For Approval Of Regional Or Area-wide System Or Systems
(a) After the commission under Sections 26.082 and 26.083 of this code, enters an order: defining an area for a regional or area-wide system or...
- Texas Section 26.121 - Unauthorized Discharges Prohibited
(a) Except as authorized by the commission, no person may: (1) discharge sewage, municipal waste, recreational waste, agricultural waste, or industrial waste into or adjacent...
- Texas Section 26.1211 - Pretreatment Effluent Standards
Text of section effective upon delegation of NPDES permit authority (a) The commission is authorized to administer a program for the regulation of pretreatment...
- Texas Section 26.127 - Commission As Principal Authority
(a) The commission is the principal authority in the state on matters relating to the quality of the water in the state. The executive director...
- Texas Section 26.128 - Groundwater Quality
The executive director shall have investigated all matters concerning the quality of groundwater in the state. Amended by Acts 1977, 65th Leg., p. 2207, ch....
- Texas Section 26.129 - Duty Of Parks And Wildlife Department
The Parks and Wildlife Department and its authorized employees shall enforce the provisions of this chapter to the extent that any violation affects aquatic life...
- Texas Section 26.130 - Duty Of Department Of Health
The Texas Department of Health shall continue to apply the authority vested in it by Chapter 341, Health and Safety Code, in the abatement of...
- Texas Section 26.131 - Duties Of Railroad Commission
(a) The Railroad Commission of Texas is solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface...
- Texas Section 26.131 - Duties Of Railroad Commission
(a) The Railroad Commission of Texas is solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface...
- Texas Section 26.1311 - Duty Of State Soil And Water Conservation Board
The State Soil and Water Conservation Board and its authorized agents are responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural...
- Texas Section 26.132 - Evaporation Pits Requirements
(a) In this section, "evaporation pit" means a pit into which water, including rainwater or storm water runoff, is or has been placed and retained...
- Texas Section 26.135 - Effect On Other Laws
(a) Nothing in this chapter affects the powers and duties of the commission and the Railroad Commission of Texas with respect to injection wells as...
SUBCHAPTER E AUTHORITY OF LOCAL GOVERNMENTS
- Texas Section 26.137 - Comment Period For Edwards Aquifer Protection Plans
The commission shall provide for a 30-day comment period in the review process for Edwards Aquifer Protection Plans in the Contributing Zone of the Edwards...
- Texas Section 26.171 - Inspection Of Public Water
A local government may inspect the public water in its area and determine whether or not: (1) the quality of the water meets the state...
- Texas Section 26.172 - Recommendations To Commission
A local government may make written recommendations to the commission as to what in its judgment the water quality standards should be for any public...
- Texas Section 26.173 - Power To Enter Property
(a) A local government has the same power as the commission has under Section 26.014 of this code to enter public and private property within...
- Texas Section 26.175 - Cooperative Agreements
(a) A local government may execute cooperative agreements with the commission or other local governments: (1) to provide for the performance of water quality management,...
- Texas Section 26.176 - Disposal System Rules
(a) Every local government which owns or operates a disposal system is empowered to and shall, except as authorized in Subsection (c) of this section,...
- Texas Section 26.177 - Water Pollution Control Duties Of Cities
(a) A city may establish a water pollution control and abatement program for the city. If the watershed water quality assessment reports required by Section...
- Texas Section 26.178 - Financial Assistance Dependent On Water Quality Programs
All financial assistance from the board to a city having a population of 5,000 or more inhabitants shall be conditioned on the city submitting to...
- Texas Section 26.179 - Designation Of Water Quality Protection Zones In Certain Areas
(a) In this section, "water quality protection" may be achieved by: (1) maintaining background levels of water quality in waterways; or (2) capturing and retaining...
SUBCHAPTER F CRIMINAL PROSECUTION
- Texas Section 26.180 - Nonpoint Source Water Pollution Control Programs Of Certain Municipalities
(a) This section applies to a municipality to which Section 42.903, Local Government Code, applies. (b) The municipality shall exercise the powers granted under state...
- Texas Section 26.215 - Peace Officers
For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are constituted peace officers. These agents and employees are...
SUBCHAPTER G OIL AND HAZARDOUS SUBSTANCE SPILL PREVENTION AND CONTROL
- Texas Section 26.2171 - Venue
An offense under this subchapter may be prosecuted in a county in which an element of the offense was committed or a county to which...
- Texas Section 26.261 - Short Title
This subchapter may be cited as the Texas Hazardous Substances Spill Prevention and Control Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870,...
- Texas Section 26.262 - Policy And Construction
It is the policy of this state to prevent the spill or discharge of hazardous substances into the waters in the state and to cause...
- Texas Section 26.263 - Definitions
As used in this subchapter: (1) "Discharge or spill" means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped,...
- Texas Section 26.264 - Administrative Provisions
(a) Except as provided in Chapter 40, Natural Resources Code, the commission shall be the state's lead agency in spill response, shall conduct spill response...
- Texas Section 26.265 - Texas Spill Response Account
(a) The Texas spill response account is an account in the general revenue fund. This account shall not exceed $5 million, exclusive of fines and...
- Texas Section 26.266 - Removal Of Spill Or Discharge
(a) Any owner, operator, demise charterer, or person in charge of a vessel or of any on-shore facility or off-shore facility shall immediately undertake all...
SUBCHAPTER H POULTRY OPERATIONS
- Texas Section 26.267 - Exemptions
(a) No person shall be held liable under this subchapter for any spill or discharge resulting from an act of God, act of war, third...
- Texas Section 26.301 - Definitions
In this subchapter: (1) "Poultry" means chickens or ducks being raised or kept on any premises in the state for profit. (2) "Poultry carcass" means...
- Texas Section 26.302 - Regulation Of Poultry Facilities
(a) A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and...
- Texas Section 26.303 - Handling And Disposal Of Poultry Carcasses
(a) Except as provided by Subsection (a-1), the commission by rule shall adopt requirements for the safe and adequate handling, storage, transportation, and disposal of...
- Texas Section 26.304 - Records Of Sale, Purchase, Transfer, Or Application Of Poultry Litter
(a) A poultry facility that sells or transfers poultry litter for off-site application must maintain until the second anniversary of the date of sale or...
SUBCHAPTER I UNDERGROUND AND ABOVEGROUND STORAGE TANKS
- Texas Section 26.305 - Inspection Of Records
The commission may inspect any record required to be maintained under this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec....
- Texas Section 26.341 - Purpose
(a) The legislature finds that leaking underground tanks storing certain hazardous, toxic, or otherwise harmful substances have caused and continue to pose serious groundwater contamination...
- Texas Section 26.342 - Definitions
In this subchapter: (1) "Aboveground storage tank" means a nonvehicular device that is: (A) made of nonearthen materials; (B) located on or above the surface...
- Texas Section 26.343 - Regulated Substances
(a) Regulated substances under this subchapter include: (1) a substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980...
- Texas Section 26.344 - Exemptions
(a) An underground or aboveground storage tank is exempt from regulation under this subchapter if the tank is: (1) a farm or residential tank with...
- Texas Section 26.3441 - Aboveground Storage Tanks
(a) An aboveground storage tank that is not exempt from regulation under Section 26.344 of this code is subject to the registration requirements of Section...
- Texas Section 26.345 - Administrative Provisions
(a) The commission shall administer this subchapter and may develop a regulatory program regarding underground and aboveground storage tanks in accordance with this subchapter. (b)...
- Texas Section 26.346 - Registration Requirements
(a) An underground or aboveground storage tank must be registered with the commission unless the tank is exempt from regulation under Section 26.344 of this...
- Texas Section 26.3465 - Failure Or Refusal To Provide Proof Of Registration Or Certification Of Compliance
An owner or operator of an underground storage tank who fails or refuses to provide, on request of the commission, proof of registration of or...
- Texas Section 26.3467 - Duty To Ensure Certification Of Tank Before Delivery
(a) The owner or operator of an underground storage tank into which a regulated substance is to be deposited shall provide the common carrier a...
- Texas Section 26.347 - Tank Standards
(a) The commission shall adopt performance standards for existing underground storage tanks and underground storage tanks brought into use on or after the effective date...
- Texas Section 26.3475 - Release Detection Requirements; Spill And Overfill Prevention; Corrosion Protection; Notice Of Violation; Shutdown
(a) All piping in an underground storage tank system that routinely conveys regulated substances under pressure must comply with commission requirements for pressurized piping release...
- Texas Section 26.3476 - Secondary Containment Required For Tanks Located Over Certain Aquifers
(a) In this section, "secondary containment" means a method by which a secondary wall or barrier is installed around an underground storage tank system in...
- Texas Section 26.348 - Leak Detection And Record Maintenance
The commission shall adopt standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system...
- Texas Section 26.349 - Reporting Of Releases And Corrective Action
(a) The commission shall adopt requirements for the reporting of any releases and corrective action taken in response to a release from an underground or...
- Texas Section 26.350 - Tank Closure Requirements
The commission shall adopt requirements for the closure of tanks, including the removal, disposal, or removal and disposal of tanks to prevent future releases of...
- Texas Section 26.351 - Corrective Action
(a) The commission shall use risk-based corrective action for taking corrective action in response to a release from an underground or aboveground storage tank. Corrective...
- Texas Section 26.3511 - Corrective Action By The Commission
(a) Notwithstanding Section 26.351(c) of this code, to the extent that the commission pays from the petroleum storage tank remediation account or from sources other...
- Texas Section 26.3512 - Owner Or Operator Responsibility; Limitations On Account Payments For Corrective Action
(a) The provisions of this subchapter relating to the groundwater protection cleanup program and to the petroleum storage tank remediation account do not limit the...
- Texas Section 26.3513 - Liability And Costs: Multiple Owners And Operators
(a) This section applies at a site where the owner and the operator are different persons or at a site where there is more than...
- Texas Section 26.3514 - Limits On Liability Of Lender
(a) This section applies: (1) to a lender that has a security or lienhold interest in an underground or aboveground storage tank, in real property...
- Texas Section 26.3515 - Limits On Liability Of Corporate Fiduciary
(a) A corporate fiduciary or its agent is not liable in an individual capacity as an owner or operator of an underground or aboveground storage...
- Texas Section 26.3516 - Limits On Liability Of Taxing Unit
(a) This section applies to a taxing unit that has foreclosed an ad valorem tax lien on real property on which an underground or aboveground...
- Texas Section 26.352 - Financial Responsibility
(a) The commission by rule shall adopt requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury...
- Texas Section 26.354 - Emergency Orders
The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510. Added by Acts...
- Texas Section 26.355 - Recovery Of Costs
(a) If the commission has incurred any costs in undertaking corrective action or enforcement action with respect to the release of regulated substances from an...
- Texas Section 26.356 - Inspections, Monitoring, And Testing
(a) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator...
- Texas Section 26.357 - Standards And Rules
(a) Standards and rules concerning underground storage tanks adopted by the commission under this subchapter must be at least as stringent as the federal requirements...
- Texas Section 26.3571 - Eligible Owner Or Operator
(a) The commission by rule shall establish criteria to be met by a person to qualify as an eligible owner or operator. (b) To be...
- Texas Section 26.3572 - Groundwater Protection Cleanup Program
(a) The groundwater protection cleanup program is established, and the commission shall administer that program. (b) In administering the program, the commission shall: (1) negotiate...
- Texas Section 26.3573 - Petroleum Storage Tank Remediation Account
(a) The petroleum storage tank remediation account is an account in the general revenue fund. The commission shall administer the account in accordance with this...
- Texas Section 26.35731 - Consideration And Processing Of Applications For Reimbursement
(a) Except as provided by Subsection (b), the commission shall consider and process a claim by an eligible owner or operator for reimbursement from the...
- Texas Section 26.35735 - Claims Audit
(a) The commission annually shall audit claims for payment from the petroleum storage tank remediation account. (b) The commission shall conduct the audit in accordance...
- Texas Section 26.3574 - Fee On Delivery Of Certain Petroleum Products
(a) In this section: (1) "Bulk facility" means a facility, including pipeline terminals, refinery terminals, rail and barge terminals, and associated underground and aboveground tanks,...
- Texas Section 26.35745 - Report On Corrective Actions For Petroleum Contaminated Sites And Fees Necessary To Conclude Program
(a) The commission annually shall prepare a report regarding the status of corrective actions for sites reported to the commission under this subchapter as having...
- Texas Section 26.358 - Collection, Use, And Disposition Of Storage Tank Fees And Other Revenues
(a) Revenues collected by the commission under this section shall be deposited to the credit of the waste management account. (b) Under this subchapter, the...
- Texas Section 26.359 - Local Regulation Or Ordinance
(a) In this section, "local government" means a school district, county, municipality, junior college district, river authority, water district or other special district, or other...
- Texas Section 26.360 - Privatization Of Program
Notwithstanding other provisions of this subchapter, the commission by rule may authorize the privatization of any part of the program established under this subchapter. Added...
- Texas Section 26.361 - Expiration Of Reimbursement Program
Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2012. On or after September 1, 2012, the...
- Texas Section 26.362 - Suit To Test Validity Of Closure Letter
The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if...
- Texas Section 26.363 - Reliance On Closure Letter
An owner or operator to whom a closure letter for a site has been issued under Section 26.3572 may not be held liable for the...
- Texas Section 26.364 - Registration Of Persons Who Contract To Perform Corrective Action
(a) The commission may implement a program under Chapter 37 to register persons who contract to perform corrective action under this subchapter. (b) The commission,...
- Texas Section 26.365 - Registration Of Geoscientists Who Contract To Perform Corrective Action
(a) In administering the program implemented under Section 26.364(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists,...
- Texas Section 26.366 - Licensure Of Persons Who Supervise Corrective Actions
(a) The commission may implement a program under Chapter 37 to license persons who supervise a corrective action under this subchapter. (b) The commission, on...
SUBCHAPTER J GROUNDWATER PROTECTION
- Texas Section 26.367 - Licensure Of Geoscientists Who Supervise Corrective Actions
(a) In administering the program implemented under Section 26.366(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists,...
- Texas Section 26.401 - Legislative Findings
(a) The legislature finds that: (1) in order to safeguard present and future groundwater supplies, usable and potentially usable groundwater must be protected and maintained;...
- Texas Section 26.402 - Definition
In this subchapter, "committee" means the Texas Groundwater Protection Committee. Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989. Amended...
- Texas Section 26.403 - Creation And Membership Of Texas Groundwater Protection Committee
(a) The Texas Groundwater Protection Committee is created as an interagency committee to coordinate state agency actions for the protection of groundwater quality in this...
- Texas Section 26.404 - Administration
(a) The committee shall meet not less than once each calendar quarter at a time determined by the committee and at the call of the...
- Texas Section 26.405 - Powers And Duties Of Committee
The committee shall, on a continuing basis: (1) coordinate groundwater protection activities of the agencies represented on the committee; (2) develop and update a comprehensive...
- Texas Section 26.406 - Groundwater Contamination Information And Reports; Rules
(a) Each state agency having responsibilities related to the protection of groundwater shall maintain a public file of all documented cases of groundwater contamination that...
- Texas Section 26.407 - Protection And Enhancement Plans
(a) The commission, with the advice of the committee, shall develop plans, except for those plans required by Section 201.026, Agriculture Code, for the protection...
SUBCHAPTER K OCCUPATIONAL LICENSING AND REGISTRATION
- Texas Section 26.408 - Notice Of Groundwater Contamination
(a) If a state agency documents under Section 26.406(a) a case of groundwater contamination that may affect a drinking water well, the state agency shall...
- Texas Section 26.451 - Definitions
In this subchapter: (1), (2) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(1), eff. Sept. 1, 2001. (3) "Critical junctures" means, in the...
- Texas Section 26.452 - Underground Storage Tank Contractor
(a) A person who offers to undertake, represents that the person is able to undertake, or undertakes to install, repair, or remove an underground storage...
SUBCHAPTER L PROTECTION OF CERTAIN WATERSHEDS
- Texas Section 26.456 - Underground Storage Tank On-site Supervisor Licensing
(a) A person supervising the installation, repair, or removal of an underground storage tank must hold a license issued by the commission under Chapter 37....
- Texas Section 26.501 - Definitions
In this subchapter: (1) "Concentrated animal feeding operation" has the meaning assigned by 30 T.A.C. Section 321.32 on the effective date of this subchapter. (2)...
- Texas Section 26.502 - Applicability
This subchapter applies only to a feeding operation confining cattle that have been or may be used for dairy purposes, or otherwise associated with a...
- Texas Section 26.503 - Regulation Of Certain Concentrated Animal Feeding Operation Wastes
(a) The commission may authorize the construction or operation of a new concentrated animal feeding operation, or an increase in the animals confined under an...
SUBCHAPTER M WATER QUALITY PROTECTION AREAS
- Texas Section 26.504 - Waste Application Field Soil Sampling And Testing
(a) The commission shall collect one or more representative composite soil samples from each permitted waste application field associated with a concentrated animal feeding operation....
- Texas Section 26.551 - Definitions
In this subchapter: (1) "Aggregates" means any commonly recognized construction material originating from a quarry or pit by the disturbance of the surface, including dirt,...
- Texas Section 26.552 - Applicability; Pilot Program
(a) This subchapter applies only to quarrying in a water quality protection area designated by commission rule. This subchapter does not apply to the construction...
- Texas Section 26.553 - Regulation Of Quarries Within Water Quality Protection Area
(a) The commission shall require a responsible party to obtain an individual permit for any discharges from a quarry located in a water quality protection...
- Texas Section 26.554 - Financial Responsibility For Discharges Of Certain Wastes Within Water Quality Protection Area
(a) The commission by rule shall adopt requirements for: (1) maintaining evidence of financial responsibility for restoration of a water body affected by an unauthorized...
- Texas Section 26.555 - Inspections Of And Sampling Of Water In John Graves Scenic Riverway
(a) To detect potential violations of this subchapter in the John Graves Scenic Riverway, the commission, the Brazos River Authority, and the Parks and Wildlife...
- Texas Section 26.556 - Unauthorized Discharges Of Certain Wastes Within Water Quality Protection Area; Enforcement
(a) The commission shall enforce this subchapter and impose administrative and civil penalties for discharges from a quarry in violation of this subchapter. Subject to...
- Texas Section 26.557 - Emergency Orders
The commission may issue a temporary or emergency order under Section 5.509 relating to a discharge of waste or pollutants from a quarry in a...
- Texas Section 26.558 - Recovery Of Costs For Unauthorized Discharges Within Water Quality Protection Area
If the commission has incurred any costs in undertaking a corrective or enforcement action with respect to an unauthorized discharge from a quarry under this...
- Texas Section 26.559 - Reclamation And Restoration Fund Account
(a) Penalties and other money received by the commission as a result of an enforcement action taken under this subchapter, and any gift or grant...
- Texas Section 26.560 - Cooperation With Other State Agencies
(a) The commission is the principal authority in the state on matters relating to the implementation of this subchapter. All other state agencies engaged in...
- Texas Section 26.562 - Expiration
This subchapter expires September 1, 2025. Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.