The person may, in lieu of this requirement, submit by this same deadline a demonstration that a corrective action plan is not required for the site in question under commission 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 under Title VI of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. HEARINGS ON STANDARDS; CONSULTATION. 333, Sec. 2018), Sec. The test results are public records of the commission. The commission shall approve or disapprove a site assessment or corrective action plan, as defined by commission rule, on or before the 30th day after the commission receives the assessment or plan. 2694), Sec. 14.06, eff. 225, Sec. September 1, 2009. June 18, 1999. Renumbered from Sec. September 1, 2011. Sec. Sept. 1, 2001. (b) In considering the issuance of a permit to discharge effluent comprised primarily of sewage or municipal waste into any body of water that crosses or abuts any park, playground, or schoolyard within one mile of the point of discharge, the commission shall consider any unpleasant qualities of the effluent, including unpleasant odor, and any possible adverse effects that the discharge of the effluent might have on the recreational value of the park, playground, or schoolyard. 26, eff. Amended by Acts 1977, 65th Leg., p. 2207, ch. (9) "Refuse" means all waste material directly connected with the production, cleaning, or preparation of aggregates that have been produced by quarrying. Acts 2005, 79th Leg., Ch. (c) In conjunction with the commission, the committee shall publish not later than April 1 of each year a joint groundwater monitoring and contamination report covering the activities and findings of the committee made during the previous calendar year. September 1, 2005. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Renumbered from Vernon's Ann.Civ.St. May 31, 1989. 26.350. Sept. 1, 1977; Acts 2001, 77th Leg., ch. 642, Sec. Information on the TCEQs Drinking-Water Lab Certification Program, including lists of certified labs. 277, Sec. (11) "Water quality protection area" means a contributing watershed of a river the water quality of which is threatened by quarrying activities. TCEQ Water Supply Division Public Drinking Water Section, to the 2006 Public Drinking Water Conference Keywords: cross-connection control; backflow prevention; potable water system; public drinking water system . Added by Acts 1999, 76th Leg., ch. Sec. 26.085. (d) The executive director shall notify immediately a local government to whom it assigns or delegates any powers and functions pursuant to Subsections (b) and (c) of this section or as to when it modifies or rescinds any such assignment or delegation. 1433), Sec. 171, Sec. (j) A municipality may not enforce in a zone any of its ordinances, land use ordinances, rules, or requirements including, but not limited to, the abatement of nuisances, pollution control and abatement programs or regulations, water quality ordinances, subdivision requirements, other than technical review and inspections for utilities connecting to a municipally owned water or wastewater system, or any environmental regulations which are inconsistent with the land use plan and the water quality plan or which in any way limit, modify, or impair the ability to implement and operate the water quality plan and the land use plan within the zone as filed; nor shall a municipality collect fees or assessments or exercise powers of eminent domain within a zone until the zone has been annexed for the municipality. Relatively dry, unnamed, natural drainage Sept. 1, 1995. In this subchapter: (1) "Aboveground storage tank" means a nonvehicular device that is: (B) located on or above the surface of the ground or on or above the surface of the floor of a structure below ground such as a mineworking, basement, or vault; and. 1, eff. 22 or API Recommended Practice 2001, the commission shall require fire suppression systems on storage vessels subject to the protocol in the applicable standard; and. (g) A lender may establish that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest if, within 12 months after foreclosure, the lender: (1) lists the aboveground or underground storage tank, or the facility or property on which the tank is located, with a broker, dealer, or agent who deals in that type of property; or. The eligible owner or operator must agree in the application to allow site access to state personnel and state contractors as a condition of placement in the state-lead program under this subsection. 1, eff. (c) The commission shall charge a reasonable fee for each copy sent under Subsection (b) of this section. Renumbered from Sec. (j) The commission shall adopt rules as necessary to protect surface water and groundwater quality from the risks presented by commercial evaporation pits and as necessary to administer and enforce this section, including rules: (1) governing the location, design, construction, capacity, operations, maintenance, and closure of evaporation pits; (2) ensuring that the owner or operator of an evaporation pit has adequate financial assurance; and. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Chapter 36, Section 117(b) of the Texas Sept. 1, 1985; Acts 1995, 74th Leg., ch. An appeal must be filed with the commission within 60 days of the enactment of the ruling, order, decision, ordinance, program, resolution, or act of the city. Sec. (b-2) The State Soil and Water Conservation Board in consultation with the Texas Commission on Environmental Quality by rule shall establish criteria to determine the geographic, seasonal, and agronomic factors that the board will consider to determine whether a persistent nuisance odor condition is likely to occur when assessing the siting and construction of new poultry facilities. Aug. 29, 1977. This goal of nondegradation does not mean zero-contaminant discharge. 880, Sec. Amended by Acts 1985, 69th Leg., ch. Sept. 1, 1999. (f) The amount of an annual fee that the commission may impose on a facility under Subsection (d) is equal to the amount set by the commission for each aboveground storage tank and for each underground storage tank operated at the facility. (2) Nothing in this subchapter shall require the state-designated on-scene coordinator to defer to federal authority, unless preempted by federal law, if remedial action is unduly delayed or is ineffective. Sept. 1, 1999. (c) It is the policy of this state that: (1) discharges of pollutants, disposal of wastes, or other activities subject to regulation by state agencies be conducted in a manner that will maintain present uses and not impair potential uses of groundwater or pose a public health hazard; and. (2) the holders of permits from the commission to discharge waste into or adjacent to the water in question. (4) temporary cash transfers and other transfers from the general revenue fund authorized by Section 403.092(c), Government Code. 23, eff. (b) The commission shall conduct the audit in accordance with generally accepted accounting standards as prescribed by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, the United States General Accounting Office, or other professionally recognized entities that prescribe auditing standards. 26.354. 795, Sec. Amended by Acts 1977, 65th Leg., p. 2207, ch. Added by Acts 1997, 75th Leg., ch. 99, Sec. 1256 (H.B. 1693), Sec. Landowners would be well The term does not include any land owned or leased by the responsible party not being currently used in the production of aggregates for commercial sale or an excavation to mine clay or shale for use in manufacturing structural clay products. Sec. Amended by Acts 1977, 65th Leg., p. 1646, ch. Sept. 1, 1997. 1198 (H.B. (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 (42 U.S.C. Added by Acts 1987, 70th Leg., ch. (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 the protection of the Edwards Aquifer and for inspecting the construction and maintenance of projects covered by those plans. Sec. June 19, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 1991, 72nd Leg., ch. Sept. 1, 1989. Section 9601 et seq. 26.364. 5, eff. The commission or district court may overturn or modify the action of the city. 880, Sec. water flowing in a watercourse on your land is state property. 1, eff. Federal government websites often end in .gov or .mil. September 1, 2005. 417, Sec. TEXAS SPILL RESPONSE ACCOUNT. (d) The term "standard metropolitan statistical area," as used in this section, means an area consisting of a county or one or more contiguous counties which is officially designated as such by the United States Office of Management and Budget or its successor in this function. (h) The commission may require a plan to control spills from atmospheric storage vessels that includes recommended practices in NFPA 30. Each river authority and local government is authorized and encouraged, but not required, to manage solid waste and to facilitate and promote programs for the collection and disposal of household consumer and agricultural products which contain hazardous constituents or hazardous substances and which, when disposed of improperly, represent a threat of contamination to the water resources of the state. 669, Sec. 795, Sec. Sec. (4) subsequent to such activities, a full report of all expenditures and significant actions shall be prepared and submitted to the governor and the Legislative Budget Board, and shall be reviewed by the commission. 1.071, 5.011, eff. The commission shall publish its water quality standards and amendments and shall make copies available to the public on written request. 2002-2023 Texas Commission on Environmental Quality, Status of Water-Supply Permits and Applications, https://www.tceq.texas.gov/agency/data/lookup-data/status-water-supply-permits.html, https://www.tceq.texas.gov/@@site-logo/TCEQ-logo-header.png, Public Drinking-Water Laboratory Certification, Access Records from Our Central File Room, Review Records from Our Central File Room, Purchase Reports and Data from Our Offline Databases. The local government shall require the installation and operation of boat pump-out stations if required by the commission. 1557), Sec. 26.001. 1072, Sec. 277, Sec. 829 (H.B. The following section was amended by the 88th Legislature. 1.103, eff. (8) "Operator" means any person in day-to-day control of and having responsibility for the daily operation of the underground storage tank system. SUIT TO TEST VALIDITY OF CLOSURE LETTER. (c) The municipality by ordinance shall adopt a nonpoint source water pollution control and abatement program for the municipality and its extraterritorial jurisdiction before the municipality adopts a resolution or ordinance creating an extraterritorial jurisdiction under Section 42.903, Local Government Code. 1. Amended by Acts 1989, 71st Leg., ch. This subchapter expires September 1, 2025. 26.029. September 1, 2005. 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 or through which the discharge, waste, or pollutant was transported. (g) A fee imposed under this section is a separate charge in addition to any other fee that may be provided by law or rules of the commission. (c) This section applies only to those areas within the extraterritorial jurisdiction, outside the full-purpose corporate limits of a municipality with a population greater than 10,000, and in which the municipality either: (1) has enacted or attempted to enforce three or more ordinances or amendments thereto attempting to regulate water quality or control or abate water pollution in the area within the five years preceding the effective date of this Act, whether or not such ordinances or amendments were legally effective upon the area; or. 1, eff. 22.002, eff. 768, Sec. (c) A lender that exercises control over a property before foreclosure to preserve the collateral or to retain revenues from the property for the payment of debt, or that otherwise exercises the control of a mortgagee in possession, is not liable as an owner or operator under this subchapter unless that control leads to action that the commission finds is causing or exacerbating contamination associated with the release of a regulated substance from a tank located on the property. (c) Section 26.3475(e) applies to an underground storage tank system that is subject to this section as if a violation of this section were a violation of Section 26.3475. 1863), Sec. Sec. Sept. 1, 1977; Acts 1985, 69th Leg., ch. (b) For any application involving an average daily discharge of five million gallons or more, the notice shall be given: (1) not later than 20 days before the date on which the commission acts on the application; and. (e) The commission may audit a claim for payment as required by this section only: (1) under guidelines adopted by commission rule that relate to conducting an audit under this section and denying a claim as a result of that audit and that are in effect when the audit is conducted; or. (B) for which the commission, at some time, has prepared and submitted a total maximum daily load standard. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. 228, Sec. 76, Sec. 6, eff. 26.046. (f) Notwithstanding any other provision of this section, the commission shall establish criteria for evaluating whether to initiate an enforcement action related to sanitary sewer overflows that occur as the result of a blockage due to grease. (2) may request the court to award recovery of costs as provided by Section 26.355 of this code. Include a signed statement certifying that no test water will reach surface waters of the state. Amended by Acts 1977, 65th Leg., p. 2207, ch. 1227 (S.B. 1, eff. A river authority shall inform those parties of the availability and location of the summary report for inspection and shall solicit input from those parties concerning their satisfaction with or suggestions for modification of the summary report for the watershed, the operation or effectiveness of the watershed monitoring and assessment program authorized by this section, and the adequacy, use, or equitable apportionment of the program's costs and funds. The .gov means its official. 1, eff. 1 and amended by Acts 1995, ch. PUBLIC INFORMATION. 26.265. 876), Sec. 26.121. (h) If an owner or operator's corrective action plan is not approved by the commission under Section 26.3572 before June 23, 1998, the owner or operator shall pay under Subsection (b)(1) the first expenses for corrective action taken for each occurrence as follows: (1) a person who owns or operates 1,000 or more single petroleum storage tanks, the first $40,000; (2) a person who owns or operates not fewer than 100 or more than 999 single petroleum storage tanks, the first $20,000; (3) a person who owns or operates not fewer than 13 or more than 99 single petroleum storage tanks, the first $10,000; and. If the test water exceeds the limitations in Table 1 below, it is considered a hazardous waste by the U.S. Environmental Protection Agency (EPA) and must be handled, treated and disposed of in accordance with those regulations. (3) "Separate sanitary sewer system" means a wastewater collection system, separate and distinct from a storm sewer system, that conveys domestic, municipal, commercial, or industrial wastewaters to a publicly owned treatment plant. Acrobat Distiller 7.0 (Windows) Amended by Acts 1977, 65th Leg., p. 1640, ch. 795, Sec. Acts 2015, 84th Leg., R.S., Ch. 228, Sec. SECONDARY CONTAINMENT REQUIRED FOR TANKS LOCATED OVER CERTAIN AQUIFERS. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 2, eff. Amended by Acts 1989, 71st Leg., ch. In the event of a discharge or spill and after reasonable effort to obtain entry rights from each property owner involved, if any, the executive director may enter affected property to carry out necessary spill response actions.