Texas Statutes
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality

Section 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution - Sec. 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION. (a) The...

Section 5.1035. Rules Regarding Drinking-Water Standards - Sec. 5.1035. RULES REGARDING DRINKING-WATER STANDARDS. Before adopting rules regarding...

Section 5.104. Memoranda of Understanding - Sec. 5.104. MEMORANDA OF UNDERSTANDING. (a) The commission and board...

Section 5.105. General Policy - Sec. 5.105. GENERAL POLICY. Except as otherwise specifically provided by...

Section 5.106. Budget Approval - Sec. 5.106. BUDGET APPROVAL. The commission shall examine and approve...

Section 5.107. Advisory Committees, Work Groups, and Task Forces - Sec. 5.107. ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES. (a)...

Section 5.108. Executive Director - Sec. 5.108. EXECUTIVE DIRECTOR. (a) The commission shall appoint an...

Section 5.109. Chief Clerk - Sec. 5.109. CHIEF CLERK. (a) The commission shall appoint a...

Section 5.110. General Counsel - Sec. 5.110. GENERAL COUNSEL. (a) The commission shall appoint a...

Section 5.111. Standards of Conduct - Sec. 5.111. STANDARDS OF CONDUCT. The commission shall provide to...

Section 5.112. Public Testimony Policy - Sec. 5.112. PUBLIC TESTIMONY POLICY. The commission shall develop and...

Section 5.113. Commission and Staff Responsibility Policy - Sec. 5.113. COMMISSION AND STAFF RESPONSIBILITY POLICY. The commission shall...

Section 5.114. Applications and Other Documents - Sec. 5.114. APPLICATIONS AND OTHER DOCUMENTS. Applications and other documents...

Section 5.115. Persons Affected in Commission Hearings; Notice of Application - Sec. 5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION....

Section 5.116. Hearings; Recess - Sec. 5.116. HEARINGS; RECESS. The commission may recess any hearing...

Section 5.117. Mandatory Enforcement Hearing - Sec. 5.117. MANDATORY ENFORCEMENT HEARING. (a) The executive director shall...

Section 5.1175. Payment of Penalty by Installment - Sec. 5.1175. PAYMENT OF PENALTY BY INSTALLMENT. (a) The commission...

Section 5.118. Power to Administer Oaths - Sec. 5.118. POWER TO ADMINISTER OATHS. Each member of the...

Section 5.119. Commission to Be Knowledgeable - Sec. 5.119. COMMISSION TO BE KNOWLEDGEABLE. The commission shall be...

Section 5.1191. Research Model - Sec. 5.1191. RESEARCH MODEL. (a) In this section, "research model"...

Section 5.1192. Coordination of Research - Sec. 5.1192. COORDINATION OF RESEARCH. (a) The commission shall facilitate...

Section 5.1193. Report - Sec. 5.1193. REPORT. The commission shall include in the reports...

Section 5.120. Conservation and Quality of Environment - Sec. 5.120. CONSERVATION AND QUALITY OF ENVIRONMENT. The commission shall...

Section 5.121. Public Information - Sec. 5.121. PUBLIC INFORMATION. (a) The commission shall comply with...

Section 5.122. Delegation of Uncontested Matters to Executive Director - Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR. (a)...

Section 5.124. Authority to Award Grants - Sec. 5.124. AUTHORITY TO AWARD GRANTS. (a) With the consent...

Section 5.125. Cost-Sharing for Environmental Compliance Assessments by Certain Businesses - Sec. 5.125. COST-SHARING FOR ENVIRONMENTAL COMPLIANCE ASSESSMENTS BY CERTAIN BUSINESSES....

Section 5.126. Report on Enforcement Actions - Sec. 5.126. REPORT ON ENFORCEMENT ACTIONS. (a) Not later than...

Section 5.127. Environmental Management Systems - Sec. 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS. (a) In this section, "environmental...

Section 5.128. Electronic Reporting to Commission; Electronic Transmission of Information by Commission; Reduction of Duplicate Reporting - Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC TRANSMISSION OF INFORMATION...

Section 5.129. Summary for Public Notices - Sec. 5.129. SUMMARY FOR PUBLIC NOTICES. (a) The commission by...

Section 5.130. Consideration of Cumulative Risks - Sec. 5.130. CONSIDERATION OF CUMULATIVE RISKS. The commission shall: (1)...

Section 5.132. Creation of Performance Measures for Innovative Regulatory Programs - Sec. 5.132. CREATION OF PERFORMANCE MEASURES FOR INNOVATIVE REGULATORY PROGRAMS....

Section 5.133. Actions in Mexico - Sec. 5.133. ACTIONS IN MEXICO. The commission may take and...

Section 5.134. Use of Environmental Testing Laboratory Data and Analysis - Sec. 5.134. USE OF ENVIRONMENTAL TESTING LABORATORY DATA AND ANALYSIS....

Section 5.135. Small Business Compliance Assistance Program - Sec. 5.135. SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM. (a) The commission...

Subchapter E. Administrative Provisions for Commission

Section 5.171. Audit - Sec. 5.171. AUDIT. The financial transactions of the commission are...

Section 5.172. Funds From Other State Agencies - Sec. 5.172. FUNDS FROM OTHER STATE AGENCIES. Any state agency...

Section 5.173. Public Information Relating to Commission - Sec. 5.173. PUBLIC INFORMATION RELATING TO COMMISSION. The commission shall...

Section 5.1733. Electronic Posting of Information - Sec. 5.1733. ELECTRONIC POSTING OF INFORMATION. The commission shall post...

Section 5.174. Copies of Documents, Proceedings, Etc - Sec. 5.174. COPIES OF DOCUMENTS, PROCEEDINGS, ETC. (a) Except as...

Section 5.175. Inspection of Water Pollution Records - Sec. 5.175. INSPECTION OF WATER POLLUTION RECORDS. (a) All information,...

Section 5.176. Complaint File - Sec. 5.176. COMPLAINT FILE. (a) The commission shall maintain a...

Section 5.1765. Publication of Information Regarding Complaint Procedures and Policies - Sec. 5.1765. PUBLICATION OF INFORMATION REGARDING COMPLAINT PROCEDURES AND POLICIES....

Section 5.177. Notice of Complaint Procedures; Notice of Investigation Status - Sec. 5.177. NOTICE OF COMPLAINT PROCEDURES; NOTICE OF INVESTIGATION STATUS....

Section 5.1771. Coordination of Complaint Investigations With Local Enforcement Officials: Training - Sec. 5.1771. COORDINATION OF COMPLAINT INVESTIGATIONS WITH LOCAL ENFORCEMENT OFFICIALS:...

Section 5.1772. After-Hours Response to Complaints - Sec. 5.1772. AFTER-HOURS RESPONSE TO COMPLAINTS. (a) The commission shall...

Section 5.1773. Complaint Assessment - Sec. 5.1773. COMPLAINT ASSESSMENT. (a) The commission annually shall conduct...

Section 5.178. Biennial Reports - Sec. 5.178. BIENNIAL REPORTS. (a) On or before December 1...

Section 5.1781. Application Requirement for Colonias Projects - Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS. (a) In this...

Section 5.179. Seal - Sec. 5.179. SEAL. The commission shall have a seal bearing...

Subchapter F. Executive Director

Section 5.221. General Responsibilities of the Executive Director - Sec. 5.221. GENERAL RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR. The executive...

Section 5.222. Delegation of Executive Director's Authority or Duty - Sec. 5.222. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY. The...

Section 5.223. Administrative Organization of Commission - Sec. 5.223. ADMINISTRATIVE ORGANIZATION OF COMMISSION. Subject to approval of...

Section 5.224. Information Request to Board - Sec. 5.224. INFORMATION REQUEST TO BOARD. (a) With regard to...

Section 5.225. Career Ladder Program - Sec. 5.225. CAREER LADDER PROGRAM. The executive director or his...

Section 5.226. Merit Pay - Sec. 5.226. MERIT PAY. The executive director or his designee...

Section 5.227. Equal Employment Opportunity Policy - Sec. 5.227. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The executive director...

Section 5.228. Appearances at Hearings - Sec. 5.228. APPEARANCES AT HEARINGS. (a) The position of and...

Section 5.229. Contracts - Sec. 5.229. CONTRACTS. (a) The executive director, on behalf of...

Section 5.2291. Scientific and Technical Services - Sec. 5.2291. SCIENTIFIC AND TECHNICAL SERVICES. (a) In this section,...

Section 5.2292. Contracts for Services Under Petroleum Storage Tank State-Lead Program - Sec. 5.2292. CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE TANK STATE-LEAD...

Section 5.230. Enforcement - Sec. 5.230. ENFORCEMENT. On approval of the commission, the executive...

Section 5.231. Travel Expenses - Sec. 5.231. TRAVEL EXPENSES. The executive director is entitled to...

Section 5.232. Employee Moving Expenses - Sec. 5.232. EMPLOYEE MOVING EXPENSES. If provided by legislative appropriation,...

Section 5.233. Gifts and Grants - Sec. 5.233. GIFTS AND GRANTS. The executive director may apply...

Section 5.234. Applications and Other Documents - Sec. 5.234. APPLICATIONS AND OTHER DOCUMENTS. (a) An application, petition,...

Section 5.236. Groundwater Contamination Reports - Sec. 5.236. GROUNDWATER CONTAMINATION REPORTS. (a) If the executive director...

Section 5.237. Operating Fund - Sec. 5.237. OPERATING FUND. (a) The Texas Natural Resource Conservation...

Section 5.238. Administrative Account - Sec. 5.238. ADMINISTRATIVE ACCOUNT. The commission administrative account is an...

Section 5.239. Public Education and Assistance - Sec. 5.239. PUBLIC EDUCATION AND ASSISTANCE. (a) The executive director...

Subchapter G. Office of Public Interest Counsel

Section 5.271. Creation and General Responsibility of the Office of Public Interest Counsel - Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE OFFICE OF...

Section 5.272. Public Interest Counsel - Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be headed...

Section 5.2725. Annual Report; Performance Measures - Sec. 5.2725. ANNUAL REPORT; PERFORMANCE MEASURES. (a) The office of...

Section 5.273. Duties of the Public Interest Counsel - Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL. (a) The...

Section 5.274. Staff; Outside Technical Support - Sec. 5.274. STAFF; OUTSIDE TECHNICAL SUPPORT. (a) The office shall...

Section 5.275. Appeal - Sec. 5.275. APPEAL. A ruling, decision, or other act of...

Section 5.276. Factors for Public Interest Representation - Sec. 5.276. FACTORS FOR PUBLIC INTEREST REPRESENTATION. (a) The commission...

Subchapter H. Delegation of Hearings

Section 5.311. Delegation of Responsibility - Sec. 5.311. DELEGATION OF RESPONSIBILITY. (a) The commission may delegate...

Section 5.312. Time Limit for Issuance or Denial of Permits - Sec. 5.312. TIME LIMIT FOR ISSUANCE OR DENIAL OF PERMITS....

Section 5.313. Hearing Examiners Referenced in Law - Sec. 5.313. HEARING EXAMINERS REFERENCED IN LAW. Any reference in...

Section 5.315. Discovery in Cases Using Prefiled Written Testimony - Sec. 5.315. DISCOVERY IN CASES USING PREFILED WRITTEN TESTIMONY. In...

Subchapter I. Judicial Review

Section 5.351. Judicial Review of Commission Acts - Sec. 5.351. JUDICIAL REVIEW OF COMMISSION ACTS. (a) A person...

Section 5.352. Remedy for Commission or Executive Director Inaction - Sec. 5.352. REMEDY FOR COMMISSION OR EXECUTIVE DIRECTOR INACTION. A...

Section 5.353. Diligent Prosecution of Suit - Sec. 5.353. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute...

Section 5.354. Venue - Sec. 5.354. VENUE. A suit instituted under Section 5.351 or...

Section 5.355. Appeal of District Court Judgment - Sec. 5.355. APPEAL OF DISTRICT COURT JUDGMENT. A judgment or...

Section 5.356. Appeal by Executive Director Precluded - Sec. 5.356. APPEAL BY EXECUTIVE DIRECTOR PRECLUDED. A ruling, order,...

Section 5.357. Law Suits; Citation - Sec. 5.357. LAW SUITS; CITATION. Law suits filed by and...

Subchapter J. Consolidated Permit Processing

Section 5.401. Consolidated Permit Processing - Sec. 5.401. CONSOLIDATED PERMIT PROCESSING. (a) If a plant, facility,...

Section 5.402. Request for Separate Processing - Sec. 5.402. REQUEST FOR SEPARATE PROCESSING. (a) At any time...

Section 5.403. Renewal Period for Consolidated Permit - Sec. 5.403. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The renewal period...

Section 5.405. Fees - Sec. 5.405. FEES. (a) Except as provided by Subsection (b),...

Section 5.406. Rules - Sec. 5.406. RULES. The commission may adopt rules to effectuate...

Subchapter L. Emergency and Temporary Orders

Section 5.501. Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition - Sec. 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION...

Section 5.502. Application for Emergency or Temporary Order - Sec. 5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER. A person...

Section 5.503. Notice of Issuance - Sec. 5.503. NOTICE OF ISSUANCE. Notice of the issuance of...

Section 5.504. Hearing to Affirm, Modify, or Set Aside Order - Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER....

Section 5.505. Term of Order - Sec. 5.505. TERM OF ORDER. An emergency or temporary order...

Section 5.506. Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses - Sec. 5.506. EMERGENCY SUSPENSION OF PERMIT CONDITION RELATING TO, AND...

Section 5.507. Emergency Order for Operation of Utility That Discontinues Operation or Is Referred for Appointment of Receiver - Sec. 5.507. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT DISCONTINUES...

Section 5.509. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants - Sec. 5.509. TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF...

Section 5.510. Emergency Order Concerning Underground or Aboveground Storage Tanks - Sec. 5.510. EMERGENCY ORDER CONCERNING UNDERGROUND OR ABOVEGROUND STORAGE TANKS....

Section 5.511. Emergency Administrative Order Concerning Imminent and Substantial Endangerment - Sec. 5.511. EMERGENCY ADMINISTRATIVE ORDER CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT....

Section 5.512. Emergency Order Concerning Activity of Solid Waste Management - Sec. 5.512. EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID WASTE MANAGEMENT....

Section 5.513. Emergency Order Concerning On-Site Sewage Disposal System - Sec. 5.513. EMERGENCY ORDER CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEM. (a)...

Section 5.514. Order Issued Under Air Emergency - Sec. 5.514. ORDER ISSUED UNDER AIR EMERGENCY. (a) If the...

Section 5.5145. Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit - Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR...

Section 5.5146. Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit - Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF CERTAIN TREATMENT FACILITIES...

Section 5.515. Emergency Order Because of Catastrophe - Sec. 5.515. EMERGENCY ORDER BECAUSE OF CATASTROPHE. (a) The commission...

Section 5.516. Emergency Order Under Section 401 - Sec. 5.516. EMERGENCY ORDER UNDER SECTION 401.056, HEALTH AND SAFETY...

Subchapter M. Environmental Permitting Procedures

Section 5.551. Permitting Procedures; Applicability - Sec. 5.551. PERMITTING PROCEDURES; APPLICABILITY. (a) This subchapter establishes procedures...

Section 5.552. Notice of Intent to Obtain Permit - Sec. 5.552. NOTICE OF INTENT TO OBTAIN PERMIT. (a) The...

Section 5.553. Preliminary Decision; Notice and Public Comment - Sec. 5.553. PRELIMINARY DECISION; NOTICE AND PUBLIC COMMENT. (a) The...

Section 5.554. Public Meeting - Sec. 5.554. PUBLIC MEETING. During the public comment period, the...

Section 5.555. Response to Public Comments - Sec. 5.555. RESPONSE TO PUBLIC COMMENTS. (a) The executive director,...

Section 5.5553. Notice of Draft Permit - Sec. 5.5553. NOTICE OF DRAFT PERMIT. (a) This section applies...

Section 5.556. Request for Reconsideration or Contested Case Hearing - Sec. 5.556. REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING. (a)...

Section 5.557. Direct Referral to Contested Case Hearing - Sec. 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING. (a) Immediately...

Section 5.558. Clean Coal Project Permitting - Sec. 5.558. CLEAN COAL PROJECT PERMITTING. (a) As authorized by...

Subchapter N. Estuary Management Plans

Section 5.601. Definitions - Sec. 5.601. DEFINITIONS. In this subchapter: (1) "Approved implementation program"...

Section 5.602. Recognition of National Significance of Estuaries of Texas Coast - Sec. 5.602. RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS...

Section 5.603. Finding of Benefit and Public Purpose - Sec. 5.603. FINDING OF BENEFIT AND PUBLIC PURPOSE. The state...

Section 5.604. Lead State Agency - Sec. 5.604. LEAD STATE AGENCY. The commission is the lead...

Section 5.605. State Agency Participation - Sec. 5.605. STATE AGENCY PARTICIPATION. (a) The following state agencies...

Section 5.606. Estuary Program Offices - Sec. 5.606. ESTUARY PROGRAM OFFICES. To accomplish the purposes of...

Section 5.607. Implementation Funding - Sec. 5.607. IMPLEMENTATION FUNDING. Funding for the implementation of approved...

Section 5.608. Eligibility for State Funding - Sec. 5.608. ELIGIBILITY FOR STATE FUNDING. A comprehensive conservation and...

Section 5.609. Administration - Sec. 5.609. ADMINISTRATION. The commission, as the lead state agency...

Subchapter P. Fees

Section 5.701. Fees - Sec. 5.701. FEES. (a) The executive director shall charge and...

Section 5.702. Payment of Fees Required When Due - Sec. 5.702. PAYMENT OF FEES REQUIRED WHEN DUE. (a) A...

Section 5.703. Fee Adjustments - Sec. 5.703. FEE ADJUSTMENTS. (a) The commission may not consider...

Section 5.704. Notice of Change in Payment Procedure - Sec. 5.704. NOTICE OF CHANGE IN PAYMENT PROCEDURE. The commission...

Section 5.705. Notice of Violation - Sec. 5.705. NOTICE OF VIOLATION. (a) The commission may issue...

Section 5.706. Penalties and Interest on Delinquent Fees - Sec. 5.706. PENALTIES AND INTEREST ON DELINQUENT FEES. (a) Except...

Section 5.707. Transferability of Appropriations and Funds Derived From Fees - Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS DERIVED FROM FEES....

Section 5.708. Permit Fee Exemption for Certain Research Projects - Sec. 5.708. PERMIT FEE EXEMPTION FOR CERTAIN RESEARCH PROJECTS. (a)...

Subchapter Q. Performance-Based Regulation

Section 5.751. Applicability - Sec. 5.751. APPLICABILITY. This subchapter applies to programs under the...

Section 5.752. Definitions - Sec. 5.752. DEFINITIONS. In this subchapter: (1) "Applicable legal requirement"...

Section 5.753. Standards for Evaluating and Using Compliance History - Sec. 5.753. STANDARDS FOR EVALUATING AND USING COMPLIANCE HISTORY. (a)...

Section 5.754. Classification and Use of Compliance History - Sec. 5.754. CLASSIFICATION AND USE OF COMPLIANCE HISTORY. (a) The...

Section 5.755. Strategically Directed Regulatory Structure - Sec. 5.755. STRATEGICALLY DIRECTED REGULATORY STRUCTURE. (a) The commission by...

Section 5.756. Collection and Analysis of Compliance Performance Information - Sec. 5.756. COLLECTION AND ANALYSIS OF COMPLIANCE PERFORMANCE INFORMATION. (a)...

Section 5.757. Coordination of Innovative Programs - Sec. 5.757. COORDINATION OF INNOVATIVE PROGRAMS. (a) The commission shall...

Section 5.758. Regulatory Flexibility - Sec. 5.758. REGULATORY FLEXIBILITY. (a) The commission by order may...

Subchapter R. Accreditation of Environmental Testing Laboratories

Section 5.801. Definition - Sec. 5.801. DEFINITION. In this subchapter, "environmental testing laboratory" means...

Section 5.802. Administration by Commission - Sec. 5.802. ADMINISTRATION BY COMMISSION. The commission shall adopt rules...

Section 5.803. Application; Fee - Sec. 5.803. APPLICATION; FEE. (a) To be accredited under the...

Section 5.804. Issuance of Accreditation; Reciprocity - Sec. 5.804. ISSUANCE OF ACCREDITATION; RECIPROCITY. (a) The commission may...

Section 5.805. Rules; Minimum Standards - Sec. 5.805. RULES; MINIMUM STANDARDS. The commission shall adopt rules...

Section 5.806. Discipline - Sec. 5.806. DISCIPLINE. After notice and an opportunity for hearing,...

Section 5.807. Environmental Testing Laboratory Accreditation Account - Sec. 5.807. ENVIRONMENTAL TESTING LABORATORY ACCREDITATION ACCOUNT. All fees collected...

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Texas Statutes Subtitle A - Executive Agencies Chapter 5 - Texas Commission on Environmental Quality

Texas Statutes
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality