Texas Statutes
Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water
Chapter 361 - Solid Waste Disposal Act

Section 361.011. Commission's Jurisdiction: Municipal Solid Waste - Sec. 361.011. COMMISSION'S JURISDICTION: MUNICIPAL SOLID WASTE. (a) The commission...

Section 361.013. Solid Waste Disposal and Transportation Fees - Sec. 361.013. SOLID WASTE DISPOSAL AND TRANSPORTATION FEES. (a) Except...

Section 361.0135. Composting Refund - Sec. 361.0135. COMPOSTING REFUND. (a) The operator of a public...

Section 361.014. Use of Solid Waste Fee Revenue - Sec. 361.014. USE OF SOLID WASTE FEE REVENUE. (a) Revenue...

Section 361.0145. Response to or Remediation of Fire or Emergency - Sec. 361.0145. RESPONSE TO OR REMEDIATION OF FIRE OR EMERGENCY....

Section 361.015. Jurisdiction: Radioactive Waste - Sec. 361.015. JURISDICTION: RADIOACTIVE WASTE. (a) The commission is the...

Section 361.0151. Recycling - Sec. 361.0151. RECYCLING. (a) The commission shall establish and administer...

Section 361.0152. Stimulate Use of Recyclable Material - Sec. 361.0152. STIMULATE USE OF RECYCLABLE MATERIAL. (a) In this...

Section 361.016. Memorandum of Understanding by Commission - Sec. 361.016. MEMORANDUM OF UNDERSTANDING BY COMMISSION. The commission by...

Section 361.017. Commission's Jurisdiction: Industrial Solid Waste and Hazardous Municipal Waste - Sec. 361.017. COMMISSION'S JURISDICTION: INDUSTRIAL SOLID WASTE AND HAZARDOUS MUNICIPAL...

Section 361.018. Commission's Jurisdiction Over Hazardous Waste Components of Radioactive Waste - Sec. 361.018. COMMISSION'S JURISDICTION OVER HAZARDOUS WASTE COMPONENTS OF RADIOACTIVE...

Section 361.019. Approval of Industrial Solid Waste Management in Municipal Solid Waste Facility - Sec. 361.019. APPROVAL OF INDUSTRIAL SOLID WASTE MANAGEMENT IN MUNICIPAL...

Section 361.0202. Development of Education Programs - Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The commission shall...

Section 361.0215. Pollution Prevention Advisory Committee - Sec. 361.0215. POLLUTION PREVENTION ADVISORY COMMITTEE. (a) The pollution prevention...

Section 361.0216. Office of Pollution Prevention - Sec. 361.0216. OFFICE OF POLLUTION PREVENTION. The office of pollution...

Section 361.0219. Office of Waste Exchange - Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of...

Section 361.022. Public Policy Concerning Municipal Solid Waste and Sludge - Sec. 361.022. PUBLIC POLICY CONCERNING MUNICIPAL SOLID WASTE AND SLUDGE....

Section 361.023. Public Policy Concerning Hazardous Waste - Sec. 361.023. PUBLIC POLICY CONCERNING HAZARDOUS WASTE. (a) To protect...

Section 361.0231. Public Policy Concerning Adequate Capacity for Industrial and Hazardous Waste - Sec. 361.0231. PUBLIC POLICY CONCERNING ADEQUATE CAPACITY FOR INDUSTRIAL AND...

Section 361.0235. Hazardous Waste Generated in Foreign Country - Sec. 361.0235. HAZARDOUS WASTE GENERATED IN FOREIGN COUNTRY. (a) Except...

Section 361.024. Rules and Standards - Sec. 361.024. RULES AND STANDARDS. (a) The commission may adopt...

Section 361.025. Exempt Activities - Sec. 361.025. EXEMPT ACTIVITIES. (a) The commission and the Railroad...

Section 361.026. Assistance Provided by Commission - Sec. 361.026. ASSISTANCE PROVIDED BY COMMISSION. The commission may: (1)...

Section 361.027. Licensure of Solid Waste Facility Supervisors - Sec. 361.027. LICENSURE OF SOLID WASTE FACILITY SUPERVISORS. The commission...

Section 361.028. Industrial Solid and Hazardous Waste Materials Exchange - Sec. 361.028. INDUSTRIAL SOLID AND HAZARDOUS WASTE MATERIALS EXCHANGE. (a)...

Section 361.029. Collection and Disposal of Household Materials That Could Be Classified as Hazardous Waste - Sec. 361.029. COLLECTION AND DISPOSAL OF HOUSEHOLD MATERIALS THAT COULD...

Section 361.030. Federal Funds - Sec. 361.030. FEDERAL FUNDS. The commission may accept funds from...

Section 361.031. Financial Assistance to Local Governments - Sec. 361.031. FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS. (a) The commission...

Section 361.032. Inspections; Right of Entry - Sec. 361.032. INSPECTIONS; RIGHT OF ENTRY. (a) The commission may...

Section 361.035. Records and Reports; Disposal of Hazardous Waste - Sec. 361.035. RECORDS AND REPORTS; DISPOSAL OF HAZARDOUS WASTE. (a)...

Section 361.036. Records and Manifests Required; Class I Industrial Solid Waste or Hazardous Waste - Sec. 361.036. RECORDS AND MANIFESTS REQUIRED; CLASS I INDUSTRIAL SOLID...

Section 361.037. Access to Hazardous Waste Records - Sec. 361.037. ACCESS TO HAZARDOUS WASTE RECORDS. (a) Authorized agents...

Section 361.039. Construction of Other Laws - Sec. 361.039. CONSTRUCTION OF OTHER LAWS. Except as specifically provided...

Section 361.040. Treatment of Steel Slag as Solid Waste - Sec. 361.040. TREATMENT OF STEEL SLAG AS SOLID WASTE. The...

Section 361.041. Treatment of Post-Use Polymers and Recoverable Feedstocks as Solid Waste - Sec. 361.041. TREATMENT OF POST-USE POLYMERS AND RECOVERABLE FEEDSTOCKS AS...

Subchapter C. Permits

Section 361.061. Permits; Solid Waste Facility - Sec. 361.061. PERMITS; SOLID WASTE FACILITY. Except as provided by...

Section 361.062. Compatibility With County's Plan - Sec. 361.062. COMPATIBILITY WITH COUNTY'S PLAN. (a) Before the commission...

Section 361.063. Preapplication Local Review Committee Process - Sec. 361.063. PREAPPLICATION LOCAL REVIEW COMMITTEE PROCESS. (a) The commission...

Section 361.0635. Preapplication Meeting - Sec. 361.0635. PREAPPLICATION MEETING. (a) If requested by a person...

Section 361.064. Permit Application Form and Procedures - Sec. 361.064. PERMIT APPLICATION FORM AND PROCEDURES. (a) If the...

Section 361.0641. Notice to State Senator and Representative - Sec. 361.0641. NOTICE TO STATE SENATOR AND REPRESENTATIVE. On receiving...

Section 361.066. Submission of Administratively Complete Permit Application - Sec. 361.066. SUBMISSION OF ADMINISTRATIVELY COMPLETE PERMIT APPLICATION. (a) An...

Section 361.0665. Notice of Intent to Obtain Municipal Solid Waste Permit - Sec. 361.0665. NOTICE OF INTENT TO OBTAIN MUNICIPAL SOLID WASTE...

Section 361.0666. Public Meeting and Notice for Solid Waste Facilities - Sec. 361.0666. PUBLIC MEETING AND NOTICE FOR SOLID WASTE FACILITIES....

Section 361.067. Review of Permit Application by Other Governmental Entities - Sec. 361.067. REVIEW OF PERMIT APPLICATION BY OTHER GOVERNMENTAL ENTITIES....

Section 361.0675. Application Fee for Permit for Municipal Solid Waste Facility - Sec. 361.0675. APPLICATION FEE FOR PERMIT FOR MUNICIPAL SOLID WASTE...

Section 361.068. Administratively Complete Application - Sec. 361.068. ADMINISTRATIVELY COMPLETE APPLICATION. (a) A permit application is...

Section 361.069. Determination of Land Use Compatibility - Sec. 361.069. DETERMINATION OF LAND USE COMPATIBILITY. The commission in...

Section 361.079. Notice Concerning Receipt of Permit Application; Hearing Procedures - Sec. 361.079. NOTICE CONCERNING RECEIPT OF PERMIT APPLICATION; HEARING PROCEDURES....

Section 361.0791. Public Meeting and Notice Requirement - Sec. 361.0791. PUBLIC MEETING AND NOTICE REQUIREMENT. (a) Notwithstanding other...

Section 361.080. Hearing Concerning Permit Application for Hazardous Industrial Solid Waste Facility - Sec. 361.080. HEARING CONCERNING PERMIT APPLICATION FOR HAZARDOUS INDUSTRIAL SOLID...

Section 361.081. Notice of Hearing Concerning Application for a Solid Waste Facility - Sec. 361.081. NOTICE OF HEARING CONCERNING APPLICATION FOR A SOLID...

Section 361.082. Application for Hazardous Waste Permit; Notice and Hearing - Sec. 361.082. APPLICATION FOR HAZARDOUS WASTE PERMIT; NOTICE AND HEARING....

Section 361.083. Evidence of Notice of Hearing - Sec. 361.083. EVIDENCE OF NOTICE OF HEARING. (a) Before the...

Section 361.0831. Ex Parte Contacts Prohibited - Sec. 361.0831. EX PARTE CONTACTS PROHIBITED. (a) Unless required for...

Section 361.0832. Proposal for Decision; Certified Issues; Reversal by Commission - Sec. 361.0832. PROPOSAL FOR DECISION; CERTIFIED ISSUES; REVERSAL BY COMMISSION....

Section 361.0833. Costs for Information Provided by a Person Affected Regarding Hazardous Waste Permit - Sec. 361.0833. COSTS FOR INFORMATION PROVIDED BY A PERSON AFFECTED...

Section 361.084. Compliance Summaries - Sec. 361.084. COMPLIANCE SUMMARIES. (a) The commission by rule shall...

Section 361.0855. Demonstration of Financial Assurance - Sec. 361.0855. DEMONSTRATION OF FINANCIAL ASSURANCE. (a) In this section:...

Section 361.086. Separate Permit for Each Facility - Sec. 361.086. SEPARATE PERMIT FOR EACH FACILITY. (a) Except as...

Section 361.0861. Separate Recycling or Recovery Permit Not Required - Sec. 361.0861. SEPARATE RECYCLING OR RECOVERY PERMIT NOT REQUIRED. (a)...

Section 361.087. Contents of Permit - Sec. 361.087. CONTENTS OF PERMIT. A permit issued under this...

Section 361.088. Permit Issuance, Amendment, Extension and Renewal; Notice and Hearing - Sec. 361.088. PERMIT ISSUANCE, AMENDMENT, EXTENSION AND RENEWAL; NOTICE AND...

Section 361.0885. Denial of Application; Involvement of Former Employee - Sec. 361.0885. DENIAL OF APPLICATION; INVOLVEMENT OF FORMER EMPLOYEE. (a)...

Section 361.089. Permit Denial or Amendment; Notice and Hearing - Sec. 361.089. PERMIT DENIAL OR AMENDMENT; NOTICE AND HEARING. (a)...

Section 361.0895. Facilities Required to Obtain Federal Approval - Sec. 361.0895. FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL. For a...

Section 361.090. Regulation and Permitting of Certain Industrial Solid Waste Disposal - Sec. 361.090. REGULATION AND PERMITTING OF CERTAIN INDUSTRIAL SOLID WASTE...

Section 361.0901. Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities - Sec. 361.0901. REGULATION AND PERMITTING OF CERTAIN COMMERCIAL INDUSTRIAL SOLID...

Section 361.0905. Regulation of Medical Waste - Sec. 361.0905. REGULATION OF MEDICAL WASTE. (a) The commission is...

Section 361.091. Enclosed Containers or Vehicles; Permits; Inspections - Sec. 361.091. ENCLOSED CONTAINERS OR VEHICLES; PERMITS; INSPECTIONS. (a) A...

Section 361.092. Registration for Extracting Materials From Certain Solid Waste Facilities - Sec. 361.092. REGISTRATION FOR EXTRACTING MATERIALS FROM CERTAIN SOLID WASTE...

Section 361.093. Regulation and Permitting of Rendering Plants - Sec. 361.093. REGULATION AND PERMITTING OF RENDERING PLANTS. (a) A...

Section 361.095. Applicant for Hazardous Waste Management Facility Permit Exempt From Local Permit - Sec. 361.095. APPLICANT FOR HAZARDOUS WASTE MANAGEMENT FACILITY PERMIT EXEMPT...

Section 361.096. Effect on Authority of Local Government or Other Political Subdivision - Sec. 361.096. EFFECT ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER...

Section 361.0961. Restrictions on Authority of Local Government or Other Political Subdivision - Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER...

Section 361.097. Condition on Issuance of Permit for Hazardous Waste Management Facility - Sec. 361.097. CONDITION ON ISSUANCE OF PERMIT FOR HAZARDOUS WASTE...

Section 361.098. Prohibition on Permit for Hazardous Waste Landfill in 100-Year Floodplain - Sec. 361.098. PROHIBITION ON PERMIT FOR HAZARDOUS WASTE LANDFILL IN...

Section 361.099. Prohibition on Permit for Hazardous Waste Management Unit in Wetlands - Sec. 361.099. PROHIBITION ON PERMIT FOR HAZARDOUS WASTE MANAGEMENT UNIT...

Section 361.100. Prohibition on Permit for Certain Hazardous Waste Management Units - Sec. 361.100. PROHIBITION ON PERMIT FOR CERTAIN HAZARDOUS WASTE MANAGEMENT...

Section 361.101. Prohibition on Permit for Facility on Recharge Zone of Sole Source Aquifer - Sec. 361.101. PROHIBITION ON PERMIT FOR FACILITY ON RECHARGE ZONE...

Section 361.1011. Prohibition on Permit for Facility Affected by Fault - Sec. 361.1011. PROHIBITION ON PERMIT FOR FACILITY AFFECTED BY FAULT....

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 - Sec. 361.102. PROHIBITION ON PERMIT FOR HAZARDOUS WASTE MANAGEMENT FACILITIES...

Section 361.103. Other Areas Unsuitable for Hazardous Waste Management Facility - Sec. 361.103. OTHER AREAS UNSUITABLE FOR HAZARDOUS WASTE MANAGEMENT FACILITY....

Section 361.104. Prohibition on Permit for Facility in Unsuitable Area - Sec. 361.104. PROHIBITION ON PERMIT FOR FACILITY IN UNSUITABLE AREA....

Section 361.105. Petition by Local Government for Rule on Hazardous Waste Facility in Unsuitable Area - Sec. 361.105. PETITION BY LOCAL GOVERNMENT FOR RULE ON HAZARDOUS...

Section 361.106. Prohibition on Permit for Landfill if Alternative Exists - Sec. 361.106. PROHIBITION ON PERMIT FOR LANDFILL IF ALTERNATIVE EXISTS....

Section 361.107. Hydrogeologic Report for Certain Hazardous Waste Facilities - Sec. 361.107. HYDROGEOLOGIC REPORT FOR CERTAIN HAZARDOUS WASTE FACILITIES. The...

Section 361.108. Engineering Report for Hazardous Waste Landfill - Sec. 361.108. ENGINEERING REPORT FOR HAZARDOUS WASTE LANDFILL. The commission...

Section 361.109. Grant of Permit for Hazardous Waste Management Facility - Sec. 361.109. GRANT OF PERMIT FOR HAZARDOUS WASTE MANAGEMENT FACILITY....

Section 361.111. Commission Shall Exempt Certain Municipal Solid Waste Management Facilities - Sec. 361.111. COMMISSION SHALL EXEMPT CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT...

Section 361.112. Storage, Transportation, and Disposal of Used or Scrap Tires - Sec. 361.112. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED OR SCRAP...

Section 361.1125. Immediate Remediation or Removal of Hazardous Substance at Scrap Tire Site - Sec. 361.1125. IMMEDIATE REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCE AT...

Section 361.113. Permit Conditions for the Operation of Hazardous Waste Management Facilities - Sec. 361.113. PERMIT CONDITIONS FOR THE OPERATION OF HAZARDOUS WASTE...

Section 361.114. Prohibition of Disposal of Hazardous Waste Into Certain Geological Formations - Sec. 361.114. PROHIBITION OF DISPOSAL OF HAZARDOUS WASTE INTO CERTAIN...

Section 361.115. Certification of Landfill Capacity to Municipality; Restrictions on Contract - Sec. 361.115. CERTIFICATION OF LANDFILL CAPACITY TO MUNICIPALITY; RESTRICTIONS ON...

Section 361.116. Disposal of Incidental Injection Well Waste - Sec. 361.116. DISPOSAL OF INCIDENTAL INJECTION WELL WASTE. Notwithstanding Chapter...

Section 361.117. Disposal of Carcasses of Animals Killed on Roadways - Sec. 361.117. DISPOSAL OF CARCASSES OF ANIMALS KILLED ON ROADWAYS....

Section 361.118. Remedial Action Regarding Industrial Solid Waste Disposed of in Municipal Solid Waste Landfill Facility - Sec. 361.118. REMEDIAL ACTION REGARDING INDUSTRIAL SOLID WASTE DISPOSED OF...

Section 361.119. Regulation of Certain Facilities as Solid Waste Facilities - Sec. 361.119. REGULATION OF CERTAIN FACILITIES AS SOLID WASTE FACILITIES....

Section 361.1191. Regulation of Certain Recycling Facilities in Certain Counties - Sec. 361.1191. REGULATION OF CERTAIN RECYCLING FACILITIES IN CERTAIN COUNTIES....

Section 361.120. Notice of Hearing and Requirements for Reopening of Closed or Inactive Landfills - Sec. 361.120. NOTICE OF HEARING AND REQUIREMENTS FOR REOPENING OF...

Section 361.121. Land Application of Certain Sludge; Permit Required - Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE; PERMIT REQUIRED. (a)...

Section 361.122. Denial of Certain Landfill Permits - Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. The commission may...

Section 361.123. Limitation on Location of Municipal Solid Waste Landfills - Sec. 361.123. LIMITATION ON LOCATION OF MUNICIPAL SOLID WASTE LANDFILLS....

Section 361.1231. Limitation on Expansion of Certain Landfills - Sec. 361.1231. LIMITATION ON EXPANSION OF CERTAIN LANDFILLS. (a) This...

Section 361.124. Allowed Wastes and Exemptions for Certain Small Municipal Solid Waste Landfills in Arid Areas - Sec. 361.124. ALLOWED WASTES AND EXEMPTIONS FOR CERTAIN SMALL MUNICIPAL...

Section 361.126. Disposal of Demolition Waste From Abandoned or Nuisance Building - Sec. 361.126. DISPOSAL OF DEMOLITION WASTE FROM ABANDONED OR NUISANCE...

Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds

Section 361.131. Definitions - Sec. 361.131. DEFINITIONS. In this subchapter: (1) "Captured facility" means...

Section 361.132. Hazardous and Solid Waste Fees; Waste Management Account - Sec. 361.132. HAZARDOUS AND SOLID WASTE FEES; WASTE MANAGEMENT ACCOUNT....

Section 361.133. Hazardous and Solid Waste Remediation Fee Account - Sec. 361.133. HAZARDOUS AND SOLID WASTE REMEDIATION FEE ACCOUNT. (a)...

Section 361.134. Industrial Solid Waste and Hazardous Waste Generation Fee - Sec. 361.134. INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE GENERATION FEE....

Section 361.135. Industrial Solid Waste and Hazardous Waste Facility Fee - Sec. 361.135. INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE FACILITY FEE....

Section 361.136. Industrial Solid Waste and Hazardous Waste Management Fee - Sec. 361.136. INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT FEE....

Section 361.137. Permit Application Fee - Sec. 361.137. PERMIT APPLICATION FEE. (a) A permit application fee...

Section 361.138. Fee on the Sale of Batteries - Sec. 361.138. FEE ON THE SALE OF BATTERIES. (a) In...

Section 361.139. Factors to Be Considered in Setting Fees - Sec. 361.139. FACTORS TO BE CONSIDERED IN SETTING FEES. (a)...

Section 361.140. Interest and Penalties - Sec. 361.140. INTEREST AND PENALTIES. (a) The commission by rule...

Subchapter E. Powers and Duties of Local Governments

Section 361.151. Relationship of County Authority to State Authority - Sec. 361.151. RELATIONSHIP OF COUNTY AUTHORITY TO STATE AUTHORITY. (a)...

Section 361.152. Limitation on County Powers Concerning Industrial Solid Waste - Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING INDUSTRIAL SOLID WASTE....

Section 361.153. County Solid Waste Plans and Programs; Fees - Sec. 361.153. COUNTY SOLID WASTE PLANS AND PROGRAMS; FEES. (a)...

Section 361.154. County Licensing Authority - Sec. 361.154. COUNTY LICENSING AUTHORITY. (a) Except as provided by...

Section 361.155. County Notification of License Application to Commission - Sec. 361.155. COUNTY NOTIFICATION OF LICENSE APPLICATION TO COMMISSION. The...

Section 361.156. Separate License for Each Facility - Sec. 361.156. SEPARATE LICENSE FOR EACH FACILITY. (a) A county...

Section 361.157. Contents of License - Sec. 361.157. CONTENTS OF LICENSE. A license for a solid...

Section 361.158. License Fee - Sec. 361.158. LICENSE FEE. (a) A county may charge a...

Section 361.159. License Issuance; Amendment, Extension, and Renewal - Sec. 361.159. LICENSE ISSUANCE; AMENDMENT, EXTENSION, AND RENEWAL. (a) A...

Section 361.160. License Amendment - Sec. 361.160. LICENSE AMENDMENT. (a) A county may, for good...

Section 361.161. Permit From Commission Not Required - Sec. 361.161. PERMIT FROM COMMISSION NOT REQUIRED. If a county...

Section 361.162. Designation of Areas Suitable for Facilities - Sec. 361.162. DESIGNATION OF AREAS SUITABLE FOR FACILITIES. (a) Subject...

Section 361.163. Cooperative Agreements With Local Governments - Sec. 361.163. COOPERATIVE AGREEMENTS WITH LOCAL GOVERNMENTS. A county may...

Section 361.165. Political Subdivisions With Jurisdiction in Two or More Counties - Sec. 361.165. POLITICAL SUBDIVISIONS WITH JURISDICTION IN TWO OR MORE...

Section 361.166. Municipal Restrictions - Sec. 361.166. MUNICIPAL RESTRICTIONS. A municipality may not abolish or...

Section 361.167. Operation of Facility by Political Subdivision - Sec. 361.167. OPERATION OF FACILITY BY POLITICAL SUBDIVISION. A municipality...

Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities

Section 361.181. State Registry: Annual Publication - Sec. 361.181. STATE REGISTRY: ANNUAL PUBLICATION. (a) The commission shall...

Section 361.182. Investigations - Sec. 361.182. INVESTIGATIONS. (a) The executive director may conduct investigations...

Section 361.183. Registry Listing Procedure: Determination of Eligibility - Sec. 361.183. REGISTRY LISTING PROCEDURE: DETERMINATION OF ELIGIBILITY. (a) Before...

Section 361.184. Registry Listing Procedure: Notices and Hearing - Sec. 361.184. REGISTRY LISTING PROCEDURE: NOTICES AND HEARING. (a) If...

Section 361.185. Investigation/feasibility Study - Sec. 361.185. INVESTIGATION/FEASIBILITY STUDY. (a) After the public meeting or...

Section 361.1855. Proposal of Land Use Other Than Residential - Sec. 361.1855. PROPOSAL OF LAND USE OTHER THAN RESIDENTIAL. (a)...

Section 361.186. Facility Eligible for Listing: Activities and Change of Use - Sec. 361.186. FACILITY ELIGIBLE FOR LISTING: ACTIVITIES AND CHANGE OF...

Section 361.187. Proposed Remedial Action - Sec. 361.187. PROPOSED REMEDIAL ACTION. (a) Within a reasonable time...

Section 361.1875. Exclusion of Certain Potentially Responsible Parties - Sec. 361.1875. EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES. (a) The...

Section 361.188. Final Administrative Order - Sec. 361.188. FINAL ADMINISTRATIVE ORDER. (a) After consideration of all...

Section 361.189. Deletions From Registry - Sec. 361.189. DELETIONS FROM REGISTRY. (a) The executive director or...

Section 361.190. Change in Use of Listed Facility - Sec. 361.190. CHANGE IN USE OF LISTED FACILITY. (a) After...

Section 361.191. Immediate Removal - Sec. 361.191. IMMEDIATE REMOVAL. (a) If the commission, after investigation,...

Section 361.192. Remedial Action by Commission - Sec. 361.192. REMEDIAL ACTION BY COMMISSION. (a) If a person...

Section 361.193. Goal of Remedial Action - Sec. 361.193. GOAL OF REMEDIAL ACTION. (a) The goal of...

Section 361.194. Lien - Sec. 361.194. LIEN. (a) In addition to all other remedies...

Section 361.195. Payments From Hazardous and Solid Waste Remediation Fee Account - Sec. 361.195. PAYMENTS FROM HAZARDOUS AND SOLID WASTE REMEDIATION FEE...

Section 361.196. Remediation: Permits Not Required; Liability - Sec. 361.196. REMEDIATION: PERMITS NOT REQUIRED; LIABILITY. (a) Potentially responsible...

Section 361.197. Cost Recovery - Sec. 361.197. COST RECOVERY. (a) The commission shall file a...

Section 361.199. Mixed Funding Program - Sec. 361.199. MIXED FUNDING PROGRAM. The commission by rule shall...

Section 361.200. Settlement - Sec. 361.200. SETTLEMENT. The commission shall assess and by rule...

Section 361.201. Financial Capability and Funding Priority - Sec. 361.201. FINANCIAL CAPABILITY AND FUNDING PRIORITY. (a) The commission...

Section 361.202. Deadline Extensions - Sec. 361.202. DEADLINE EXTENSIONS. The executive director or the commission...

Subchapter I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment

Section 361.271. Persons Responsible for Solid Waste - Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE. (a) Unless otherwise...

Section 361.272. Administrative Orders Concerning Imminent and Substantial Endangerment - Sec. 361.272. ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT. (a)...

Section 361.273. Injunction as Alternative to Administrative Order - Sec. 361.273. INJUNCTION AS ALTERNATIVE TO ADMINISTRATIVE ORDER. The commission...

Section 361.274. No Prior Notice Concerning Administrative Order - Sec. 361.274. NO PRIOR NOTICE CONCERNING ADMINISTRATIVE ORDER. An administrative...

Section 361.275. Defenses - Sec. 361.275. DEFENSES. (a) Except as provided by Section 361.2755,...

Section 361.2755. Scrap Metal Recycling Transactions; Defense - Sec. 361.2755. SCRAP METAL RECYCLING TRANSACTIONS; DEFENSE. (a) In this...

Section 361.276. Apportionment of Liability - Sec. 361.276. APPORTIONMENT OF LIABILITY. (a) If the release or...

Section 361.277. Effect of Settlement Agreement With State - Sec. 361.277. EFFECT OF SETTLEMENT AGREEMENT WITH STATE. (a) If...

Section 361.278. Liability of Engineer or Contractor - Sec. 361.278. LIABILITY OF ENGINEER OR CONTRACTOR. (a) An engineer...

Section 361.279. Contracts With State - Sec. 361.279. CONTRACTS WITH STATE. A state agency contracting for...

Subchapter J. Enforcement; Emergency Order; Corrective Action

Section 361.301. Emergency Order - Sec. 361.301. EMERGENCY ORDER. The commission may issue an emergency...

Subchapter K. Appeals; Joinder of Parties

Section 361.321. Appeals - Sec. 361.321. APPEALS. (a) A person affected by a ruling,...

Section 361.322. Appeal of Administrative Order Issued Under Section 361 - Sec. 361.322. APPEAL OF ADMINISTRATIVE ORDER ISSUED UNDER SECTION 361.272;...

Section 361.323. Joinder of Parties in Action Filed by State - Sec. 361.323. JOINDER OF PARTIES IN ACTION FILED BY STATE....

Subchapter L. Cost Recovery

Section 361.341. Cost Recovery by State - Sec. 361.341. COST RECOVERY BY STATE. (a) The state is...

Section 361.342. Cost Recovery by Appealing or Contesting Party - Sec. 361.342. COST RECOVERY BY APPEALING OR CONTESTING PARTY. If...

Section 361.343. Apportionment of Costs - Sec. 361.343. APPORTIONMENT OF COSTS. (a) Apportionment of costs for...

Section 361.344. Cost Recovery by Liable Party or Third Party - Sec. 361.344. COST RECOVERY BY LIABLE PARTY OR THIRD PARTY....

Section 361.345. Creation of Rights - Sec. 361.345. CREATION OF RIGHTS. Subchapter I and Section 361.344...

Subchapter M. Removal and Remedial Action Agreements

Section 361.401. Definitions - Sec. 361.401. DEFINITIONS. In this subchapter: (1) "Disposal facility" means...

Section 361.402. Commission Duties and Powers - Sec. 361.402. COMMISSION DUTIES AND POWERS. (a) The commission shall:...

Section 361.403. Terms and Conditions of Agreements; Costs - Sec. 361.403. TERMS AND CONDITIONS OF AGREEMENTS; COSTS. (a) If...

Section 361.404. Cooperation With Federal Government - Sec. 361.404. COOPERATION WITH FEDERAL GOVERNMENT. (a) Before entering into...

Section 361.405. Indemnification of Engineer or Contractor - Sec. 361.405. INDEMNIFICATION OF ENGINEER OR CONTRACTOR. (a) Notwithstanding any...

Subchapter N. Waste Reduction Programs; Disposal Fees

Section 361.421. Definitions - Sec. 361.421. DEFINITIONS. In this subchapter: (1) "Compost" is the...

Section 361.422. State Source Reduction and Recycling Goal - Sec. 361.422. STATE SOURCE REDUCTION AND RECYCLING GOAL. (a) It...

Section 361.423. Recycling Market Development Implementation Program - Sec. 361.423. RECYCLING MARKET DEVELOPMENT IMPLEMENTATION PROGRAM. (a) The commission,...

Section 361.425. Governmental Entity Recycling - Sec. 361.425. GOVERNMENTAL ENTITY RECYCLING. (a) A state agency, state...

Section 361.426. Governmental Entity Preference for Recycled Products - Sec. 361.426. GOVERNMENTAL ENTITY PREFERENCE FOR RECYCLED PRODUCTS. (a) A...

Section 361.427. Specifications for Recycled Products - Sec. 361.427. SPECIFICATIONS FOR RECYCLED PRODUCTS. (a) The commission, in...

Section 361.428. Composting Program - Sec. 361.428. COMPOSTING PROGRAM. (a) The commission shall put in...

Section 361.429. Household Hazardous Waste - Sec. 361.429. HOUSEHOLD HAZARDOUS WASTE. The commission shall develop standards...

Section 361.430. Newsprint Recycling Program - Sec. 361.430. NEWSPRINT RECYCLING PROGRAM. (a) It is the policy...

Section 361.431. Prioritization of New Technology - Sec. 361.431. PRIORITIZATION OF NEW TECHNOLOGY. (a) A political subdivision...

Subchapter O. Lead-Acid Batteries

Section 361.451. Land Disposal Prohibited - Sec. 361.451. LAND DISPOSAL PROHIBITED. (a) No person may place...

Section 361.452. Collection for Recycling - Sec. 361.452. COLLECTION FOR RECYCLING. A person selling lead-acid batteries...

Section 361.453. Inspection of Battery Retailers - Sec. 361.453. INSPECTION OF BATTERY RETAILERS. The commission shall produce,...

Section 361.454. Lead-Acid Battery Wholesalers - Sec. 361.454. LEAD-ACID BATTERY WHOLESALERS. Any person selling new lead-acid...

Subchapter Q. Pollution Prevention

Section 361.501. Definitions - Sec. 361.501. DEFINITIONS. In this subchapter: (1) "Acute hazardous waste"...

Section 361.502. Policy and Goals for Source Reduction and Waste Minimization - Sec. 361.502. POLICY AND GOALS FOR SOURCE REDUCTION AND WASTE...

Section 361.503. Commission Plans - Sec. 361.503. COMMISSION PLANS. (a) Consistent with state and federal...

Section 361.504. Application - Sec. 361.504. APPLICATION. (a) Except as provided by Subsection (b),...

Section 361.505. Source Reduction and Waste Minimization Plans - Sec. 361.505. SOURCE REDUCTION AND WASTE MINIMIZATION PLANS. (a) Persons...

Section 361.506. Source Reduction and Waste Minimization Annual Report - Sec. 361.506. SOURCE REDUCTION AND WASTE MINIMIZATION ANNUAL REPORT. (a)...

Section 361.5061. Planning and Reporting Requirements: Institutions of Higher Education - Sec. 361.5061. PLANNING AND REPORTING REQUIREMENTS: INSTITUTIONS OF HIGHER EDUCATION....

Section 361.507. Administrative Completeness - Sec. 361.507. ADMINISTRATIVE COMPLETENESS. (a) The commission may review a...

Section 361.508. Confidentiality - Sec. 361.508. CONFIDENTIALITY. (a) A source reduction and waste minimization...

Section 361.509. Source Reduction and Waste Minimization Assistance - Sec. 361.509. SOURCE REDUCTION AND WASTE MINIMIZATION ASSISTANCE. (a) The...

Subchapter R. Use of Land Over Municipal Solid Waste Landfills

Section 361.531. Definitions - Sec. 361.531. DEFINITIONS. In this subchapter: (1) "Develop" or "development"...

Section 361.532. Permit Required for Development of Certain Land - Sec. 361.532. PERMIT REQUIRED FOR DEVELOPMENT OF CERTAIN LAND. (a)...

Section 361.533. Application for Development Permit - Sec. 361.533. APPLICATION FOR DEVELOPMENT PERMIT. (a) The owner or...

Section 361.534. Permit Public Meeting - Sec. 361.534. PERMIT PUBLIC MEETING. (a) The commission may hold...

Section 361.535. Issuance of Permit; Permit Conditions - Sec. 361.535. ISSUANCE OF PERMIT; PERMIT CONDITIONS. (a) The commission...

Section 361.536. Requirements for Structures on Closed Municipal Solid Waste Landfill Facility - Sec. 361.536. REQUIREMENTS FOR STRUCTURES ON CLOSED MUNICIPAL SOLID WASTE...

Section 361.537. Lease Restriction; Notice to Lessee - Sec. 361.537. LEASE RESTRICTION; NOTICE TO LESSEE. A person may...

Section 361.538. Soil Test Required Before Development of Certain Land - Sec. 361.538. SOIL TEST REQUIRED BEFORE DEVELOPMENT OF CERTAIN LAND....

Section 361.539. Notice to Buyers, Lessees, and Occupants - Sec. 361.539. NOTICE TO BUYERS, LESSEES, AND OCCUPANTS. (a) An...

Subchapter S. Medical Waste; Criminal Penalties

Section 361.561. Radioactive Medical Waste - Sec. 361.561. RADIOACTIVE MEDICAL WASTE. Disposal of radioactive medical waste...

Subchapter S. Voluntary Cleanup Program

Section 361.601. Definitions - Sec. 361.601. DEFINITIONS. In this subchapter: (1) "Contaminant" includes: (A)...

Section 361.602. Purpose - Sec. 361.602. PURPOSE. The purpose of the voluntary cleanup program...

Section 361.603. Eligibility for Voluntary Cleanup Program - Sec. 361.603. ELIGIBILITY FOR VOLUNTARY CLEANUP PROGRAM. (a) Any site...

Section 361.6035. Eligibility of Certain Persons for Release From Liability - Sec. 361.6035. ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE FROM LIABILITY....

Section 361.604. Application to Participate in Voluntary Cleanup Program - Sec. 361.604. APPLICATION TO PARTICIPATE IN VOLUNTARY CLEANUP PROGRAM. (a)...

Section 361.605. Rejection of Application - Sec. 361.605. REJECTION OF APPLICATION. (a) The executive director may...

Section 361.606. Voluntary Cleanup Agreement - Sec. 361.606. VOLUNTARY CLEANUP AGREEMENT. (a) Before the executive director...

Section 361.607. Termination of Agreement; Cost Recovery - Sec. 361.607. TERMINATION OF AGREEMENT; COST RECOVERY. (a) The executive...

Section 361.608. Voluntary Cleanup Work Plans and Reports - Sec. 361.608. VOLUNTARY CLEANUP WORK PLANS AND REPORTS. (a) After...

Section 361.609. Certificate of Completion - Sec. 361.609. CERTIFICATE OF COMPLETION. (a) If the executive director...

Section 361.610. Persons Released From Liability - Sec. 361.610. PERSONS RELEASED FROM LIABILITY. (a) A person who...

Section 361.611. Permit Not Required - Sec. 361.611. PERMIT NOT REQUIRED. (a) A state or local...

Section 361.612. Public Participation - Sec. 361.612. PUBLIC PARTICIPATION. The commission may adopt rules pertaining...

Section 361.613. Cost Report; Budget Allocation - Sec. 361.613. COST REPORT; BUDGET ALLOCATION. (a) The executive director...

Subchapter T. Fiduciary Liability

Section 361.651. Definitions - Sec. 361.651. DEFINITIONS. In this subchapter: (1) "Fiduciary": (A) means...

Section 361.652. Liability of Fiduciaries - Sec. 361.652. LIABILITY OF FIDUCIARIES. (a) Except as otherwise provided...

Subchapter U. Lender Liability

Section 361.701. Definitions - Sec. 361.701. DEFINITIONS. In this subchapter: (1) "Extension of credit"...

Section 361.702. Exclusion of Lenders Not Participants in Management - Sec. 361.702. EXCLUSION OF LENDERS NOT PARTICIPANTS IN MANAGEMENT. (a)...

Section 361.703. Participation in Management - Sec. 361.703. PARTICIPATION IN MANAGEMENT. (a) For purposes of Section...

Subchapter V. Immunity From Liability of Innocent Owner or Operator

Section 361.751. Definitions - Sec. 361.751. DEFINITIONS. In this subchapter: (1) "Contaminant" has the...

Section 361.752. Immunity From Liability; Access to Property - Sec. 361.752. IMMUNITY FROM LIABILITY; ACCESS TO PROPERTY. (a) An...

Section 361.753. Certification - Sec. 361.753. CERTIFICATION. (a) A person may apply to the...

Section 361.754. Rights of Innocent Owner or Operator Regarding Contamination From Source Not Located on or at Property - Sec. 361.754. RIGHTS OF INNOCENT OWNER OR OPERATOR REGARDING CONTAMINATION...

Subchapter W. Municipal Setting Designations

Section 361.801. Definitions - Sec. 361.801. DEFINITIONS. In this subchapter: (1) "Contaminant" includes: (A)...

Section 361.8015. Legislative Findings - Sec. 361.8015. LEGISLATIVE FINDINGS. (a) The legislature finds that access...

Section 361.802. Purpose - Sec. 361.802. PURPOSE. The purpose of this subchapter is to...

Section 361.803. Eligibility for a Municipal Setting Designation - Sec. 361.803. ELIGIBILITY FOR A MUNICIPAL SETTING DESIGNATION. A person,...

Section 361.804. Application for a Municipal Setting Designation - Sec. 361.804. APPLICATION FOR A MUNICIPAL SETTING DESIGNATION. (a) A...

Section 361.805. Notice - Sec. 361.805. NOTICE. (a) On or before the date of...

Section 361.806. Denial of Application - Sec. 361.806. DENIAL OF APPLICATION. (a) The executive director shall...

Section 361.8065. Precertification Requirements - Sec. 361.8065. PRECERTIFICATION REQUIREMENTS. (a) Except as provided by Subsection...

Section 361.807. Certification - Sec. 361.807. CERTIFICATION. (a) If the executive director determines that...

Section 361.808. Investigation and Response Action Requirements - Sec. 361.808. INVESTIGATION AND RESPONSE ACTION REQUIREMENTS. (a) If no...

Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields

Section 361.901. Definitions - Sec. 361.901. DEFINITIONS. In this subchapter: (1) "Assessment" means an...

Section 361.902. County Brownfield Cleanup and Economic Redevelopment Program - Sec. 361.902. COUNTY BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT PROGRAM. (a)...

Section 361.903. Brownfield Cleanup and Economic Redevelopment Fund - Sec. 361.903. BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT FUND. (a) The...

Section 361.904. Environmental Assessment - Sec. 361.904. ENVIRONMENTAL ASSESSMENT. An assessment under this subchapter must...

Section 361.905. Tax Abatement Agreement Incentives - Sec. 361.905. TAX ABATEMENT AGREEMENT INCENTIVES. Subject to the requirements...

Section 361.906. Contracts for Site Remediation or Inspection - Sec. 361.906. CONTRACTS FOR SITE REMEDIATION OR INSPECTION. (a) A...

Section 361.907. Grants and Loans - Sec. 361.907. GRANTS AND LOANS. To help finance an assessment,...

Section 361.908. Liaison to Environmental Protection Agency - Sec. 361.908. LIAISON TO ENVIRONMENTAL PROTECTION AGENCY. A county that...

Section 361.909. Liaison to Commission - Sec. 361.909. LIAISON TO COMMISSION. A county that establishes a...

Section 361.910. Limitations on Liability - Sec. 361.910. LIMITATIONS ON LIABILITY. (a) A person who is...

Section 361.911. Failure to Pass Inspection - Sec. 361.911. FAILURE TO PASS INSPECTION. The owner of a...

Section 361.912. Commission Assistance - Sec. 361.912. COMMISSION ASSISTANCE. The commission may provide: (1) educational,...

Subchapter Y. Computer Equipment Recycling Program

Section 361.951. Short Title - Sec. 361.951. SHORT TITLE. This subchapter may be cited as...

Section 361.952. Definitions - Sec. 361.952. DEFINITIONS. In this subchapter: (1) "Brand" means the...

Section 361.953. Legislative Findings and Purpose - Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a) Computers and related...

Section 361.954. Applicability - Sec. 361.954. APPLICABILITY. (a) The collection, recycling, and reuse provisions...

Section 361.955. Manufacturer Responsibilities - Sec. 361.955. MANUFACTURER RESPONSIBILITIES. (a) Before a manufacturer may offer...

Section 361.956. Retailer Responsibility - Sec. 361.956. RETAILER RESPONSIBILITY. (a) A person who is a...

Section 361.957. Liability - Sec. 361.957. LIABILITY. (a) A manufacturer or retailer of computer...

Section 361.958. Commission's Education Responsibilities - Sec. 361.958. COMMISSION'S EDUCATION RESPONSIBILITIES. (a) The commission shall educate...

Section 361.959. Enforcement - Sec. 361.959. ENFORCEMENT. (a) The commission may conduct audits and...

Section 361.960. Financial and Proprietary Information - Sec. 361.960. FINANCIAL AND PROPRIETARY INFORMATION. Financial or proprietary information...

Section 361.961. Annual Report to Legislature - Sec. 361.961. ANNUAL REPORT TO LEGISLATURE. The commission shall compile...

Section 361.962. Fees Not Authorized - Sec. 361.962. FEES NOT AUTHORIZED. This subchapter does not authorize...

Section 361.963. Consumer Responsibilities - Sec. 361.963. CONSUMER RESPONSIBILITIES. (a) A consumer is responsible for...

Section 361.964. Sound Environmental Management - Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All computer equipment collected...

Section 361.965. State Procurement Requirements - Sec. 361.965. STATE PROCUREMENT REQUIREMENTS. (a) In this section, "state...

Section 361.966. Federal Preemption; Expiration - Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If federal law establishes...

Subchapter Z. Television Equipment Recycling Program

Section 361.971. Definitions - Sec. 361.971. DEFINITIONS. In this subchapter: (1) "Brand" has the...

Section 361.972. Legislative Findings and Purpose - Sec. 361.972. LEGISLATIVE FINDINGS AND PURPOSE. The purpose of this...

Section 361.973. Applicability - Sec. 361.973. APPLICABILITY. (a) Except as provided by this section...

Section 361.974. Sales Prohibition - Sec. 361.974. SALES PROHIBITION. A person may not offer for...

Section 361.975. Manufacturer's Labeling Requirement - Sec. 361.975. MANUFACTURER'S LABELING REQUIREMENT. A television manufacturer may sell...

Section 361.976. Manufacturers' Registration and Reporting - Sec. 361.976. MANUFACTURERS' REGISTRATION AND REPORTING. (a) A television manufacturer...

Section 361.977. Television Recycling Account - Sec. 361.977. TELEVISION RECYCLING ACCOUNT. (a) The television recycling account...

Section 361.978. Manufacturer's Recovery Plan and Related Responsibilities - Sec. 361.978. MANUFACTURER'S RECOVERY PLAN AND RELATED RESPONSIBILITIES. (a) This...

Section 361.979. Manufacturer Recycling Leadership Program - Sec. 361.979. MANUFACTURER RECYCLING LEADERSHIP PROGRAM. (a) A group of...

Section 361.980. Recycling Leadership Program Collection Report - Sec. 361.980. RECYCLING LEADERSHIP PROGRAM COLLECTION REPORT. (a) Not later...

Section 361.981. Retailer Responsibility - Sec. 361.981. RETAILER RESPONSIBILITY. (a) A retailer may order and...

Section 361.982. Recycler Responsibilities - Sec. 361.982. RECYCLER RESPONSIBILITIES. (a) This section does not apply...

Section 361.983. Liability - Sec. 361.983. LIABILITY. (a) A television manufacturer, retailer, or person...

Section 361.984. Commission Responsibilities - Sec. 361.984. COMMISSION RESPONSIBILITIES. (a) The commission shall publish on...

Section 361.985. Enforcement - Sec. 361.985. ENFORCEMENT. (a) The commission may conduct audits and...

Section 361.986. Financial and Proprietary Information - Sec. 361.986. FINANCIAL AND PROPRIETARY INFORMATION. Financial or proprietary information...

Section 361.987. Biennial Report to Legislature - Sec. 361.987. BIENNIAL REPORT TO LEGISLATURE. (a) The commission shall...

Section 361.988. Fees - Sec. 361.988. FEES. (a) Except as provided by Section 361.976(a),...

Section 361.989. Consumer Responsibilities - Sec. 361.989. CONSUMER RESPONSIBILITIES. (a) A consumer is responsible for...

Section 361.990. Management of Collected Television Equipment - Sec. 361.990. MANAGEMENT OF COLLECTED TELEVISION EQUIPMENT. (a) Covered television...

Section 361.991. State Procurement Requirements - Sec. 361.991. STATE PROCUREMENT REQUIREMENTS. (a) In this section, "state...

Section 361.992. Federal Preemption; Expiration - Sec. 361.992. FEDERAL PREEMPTION; EXPIRATION. (a) If federal law establishes...

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Texas Statutes Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water Chapter 361 - Solid Waste Disposal Act

Texas Statutes
Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water
Chapter 361 - Solid Waste Disposal Act