Chapter 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY    


Subchapter A. GENERAL PROVISIONS
§ 5.001. DEFINITIONS
§ 5.002. SCOPE OF CHAPTER
Subchapter B. ORGANIZATION OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
§ 5.011. PURPOSE OF CHAPTER
§ 5.012. DECLARATION OF POLICY
§ 5.013. GENERAL JURISDICTION OF COMMISSION
§ 5.014. SUNSET PROVISION
§ 5.015. CONSTRUCTION OF TITLE
Subchapter C. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
§ 5.051. COMMISSION
§ 5.052. MEMBERS OF THE COMMISSION; APPOINTMENT
§ 5.053. ELIGIBILITY FOR MEMBERSHIP
§ 5.0535. REQUIRED TRAINING PROGRAM FOR COMMISSION MEMBERS
§ 5.054. REMOVAL OF COMMISSION MEMBERS
§ 5.055. OFFICERS OF STATE; OATH
§ 5.056. TERMS OF OFFICE
§ 5.057. FULL-TIME SERVICE
§ 5.058. OFFICERS; MEETINGS
§ 5.059. CONFLICT OF INTEREST
§ 5.060. LOBBYIST PROHIBITION
§ 5.061. PROHIBITION ON ACCEPTING CAMPAIGN CONTRIBUTIONS
Subchapter D. GENERAL POWERS AND DUTIES OF THE COMMISSION
§ 5.101. SCOPE OF SUBCHAPTER
§ 5.102. GENERAL POWERS
§ 5.103. RULES
§ 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION
§ 5.1035. RULES REGARDING DRINKING-WATER STANDARDS
§ 5.104. MEMORANDA OF UNDERSTANDING
§ 5.105. GENERAL POLICY
§ 5.106. BUDGET APPROVAL
§ 5.107. ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES
§ 5.108. EXECUTIVE DIRECTOR
§ 5.109. CHIEF CLERK
§ 5.110. GENERAL COUNSEL
§ 5.111. STANDARDS OF CONDUCT
§ 5.112. PUBLIC TESTIMONY POLICY
§ 5.113. COMMISSION AND STAFF RESPONSIBILITY POLICY
§ 5.114. APPLICATIONS AND OTHER DOCUMENTS
§ 5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION
§ 5.116. HEARINGS; RECESS
§ 5.117. MANDATORY ENFORCEMENT HEARING
§ 5.1175. PAYMENT OF PENALTY BY INSTALLMENT
§ 5.118. POWER TO ADMINISTER OATHS
§ 5.119. COMMISSION TO BE KNOWLEDGEABLE
§ 5.1191. RESEARCH MODEL
§ 5.1192. COORDINATION OF RESEARCH
§ 5.1193. REPORT
§ 5.120. CONSERVATION AND QUALITY OF ENVIRONMENT
§ 5.121. PUBLIC INFORMATION
§ 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR
§ 5.124. AUTHORITY TO AWARD GRANTS
§ 5.125. COST-SHARING FOR ENVIRONMENTAL COMPLIANCE ASSESSMENTS BY CERTAIN BUSINESSES
§ 5.126. REPORT ON ENFORCEMENT ACTIONS
§ 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS
§ 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE REPORTING
§ 5.129. SUMMARY FOR PUBLIC NOTICES
§ 5.130. CONSIDERATION OF CUMULATIVE RISKS
§ 5.132. CREATION OF PERFORMANCE MEASURES FOR INNOVATIVE REGULATORY PROGRAMS
§ 5.133. ACTIONS IN MEXICO
§ 5.134. USE OF ENVIRONMENTAL TESTING LABORATORY DATA AND ANALYSIS
§ 5.135. SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM
Subchapter E. ADMINISTRATIVE PROVISIONS FOR COMMISSION
§ 5.171. AUDIT
§ 5.172. FUNDS FROM OTHER STATE AGENCIES
§ 5.173. PUBLIC INFORMATION RELATING TO COMMISSION
§ 5.1733. ELECTRONIC POSTING OF INFORMATION
§ 5.174. COPIES OF DOCUMENTS, PROCEEDINGS, ETC
§ 5.175. INSPECTION OF WATER POLLUTION RECORDS
§ 5.176. COMPLAINT FILE
§ 5.1765. PUBLICATION OF INFORMATION REGARDING COMPLAINT PROCEDURES AND POLICIES
§ 5.177. NOTICE OF COMPLAINT PROCEDURES; NOTICE OF INVESTIGATION STATUS
§ 5.1771. COORDINATION OF COMPLAINT INVESTIGATIONS WITH LOCAL ENFORCEMENT OFFICIALS: TRAINING
§ 5.1772. AFTER-HOURS RESPONSE TO COMPLAINTS
§ 5.1773. COMPLAINT ASSESSMENT
§ 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
§ 5.1781. REPORT TO SECRETARY OF STATE
§ 5.179. SEAL
Subchapter F. EXECUTIVE DIRECTOR
§ 5.221. GENERAL RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR
§ 5.222. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY
§ 5.223. ADMINISTRATIVE ORGANIZATION OF COMMISSION
§ 5.224. INFORMATION REQUEST TO BOARD
§ 5.225. CAREER LADDER PROGRAM
§ 5.226. MERIT PAY
§ 5.227. EQUAL EMPLOYMENT OPPORTUNITY POLICY
§ 5.228. APPEARANCES AT HEARINGS
§ 5.229. CONTRACTS
§ 5.2291. SCIENTIFIC AND TECHNICAL SERVICES
§ 5.2292. CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE TANK STATE-LEAD PROGRAM
§ 5.230. ENFORCEMENT
§ 5.231. TRAVEL EXPENSES
§ 5.232. EMPLOYEE MOVING EXPENSES
§ 5.233. GIFTS AND GRANTS
§ 5.234. APPLICATIONS AND OTHER DOCUMENTS
§ 5.236. GROUNDWATER CONTAMINATION REPORTS
§ 5.237. OPERATING FUND
§ 5.238. ADMINISTRATIVE ACCOUNT
§ 5.239. PUBLIC EDUCATION AND ASSISTANCE
Subchapter G. OFFICE OF PUBLIC INTEREST COUNSEL
§ 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE OFFICE OF PUBLIC INTEREST COUNSEL
§ 5.272. PUBLIC INTEREST COUNSEL
§ 5.2725. ANNUAL REPORT; PERFORMANCE MEASURES
§ 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL
§ 5.274. STAFF; OUTSIDE TECHNICAL SUPPORT
§ 5.275. APPEAL
§ 5.276. FACTORS FOR PUBLIC INTEREST REPRESENTATION
Subchapter H. DELEGATION OF HEARINGS
§ 5.311. DELEGATION OF RESPONSIBILITY
§ 5.312. TIME LIMIT FOR ISSUANCE OR DENIAL OF PERMITS
§ 5.313. HEARING EXAMINERS REFERENCED IN LAW
§ 5.315. DISCOVERY IN CASES USING PREFILED WRITTEN TESTIMONY
Subchapter I. JUDICIAL REVIEW
§ 5.351. JUDICIAL REVIEW OF COMMISSION ACTS
§ 5.352. REMEDY FOR COMMISSION OR EXECUTIVE DIRECTOR INACTION
§ 5.353. DILIGENT PROSECUTION OF SUIT
§ 5.354. VENUE
§ 5.355. APPEAL OF DISTRICT COURT JUDGMENT
§ 5.356. APPEAL BY EXECUTIVE DIRECTOR PRECLUDED
§ 5.357. LAW SUITS; CITATION
Subchapter J. CONSOLIDATED PERMIT PROCESSING
§ 5.401. CONSOLIDATED PERMIT PROCESSING
§ 5.402. REQUEST FOR SEPARATE PROCESSING
§ 5.403. RENEWAL PERIOD FOR CONSOLIDATED PERMIT
§ 5.404. RENEWAL OF PERMITS
§ 5.405. FEES
§ 5.406. RULES
Subchapter L. EMERGENCY AND TEMPORARY ORDERS
§ 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION
§ 5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER
§ 5.503. NOTICE OF ISSUANCE
§ 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER
§ 5.505. TERM OF ORDER
§ 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
§ 5.507. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER
§ 5.508. EMERGENCY ORDER FOR RATE INCREASE IN CERTAIN SITUATIONS
§ 5.509. TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF WASTE OR POLLUTANTS
§ 5.510. EMERGENCY ORDER CONCERNING UNDERGROUND OR ABOVEGROUND STORAGE TANKS
§ 5.511. EMERGENCY ADMINISTRATIVE ORDER CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT
§ 5.512. EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID WASTE MANAGEMENT
§ 5.513. EMERGENCY ORDER CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEM
§ 5.514. ORDER ISSUED UNDER AIR EMERGENCY
§ 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR CONCRETE PLANT WITHOUT PERMIT
§ 5.515. EMERGENCY ORDER BECAUSE OF CATASTROPHE
§ 5.516. EMERGENCY ORDER UNDER SECTION 401.056, HEALTH AND SAFETY CODE
Subchapter M. ENVIRONMENTAL PERMITTING PROCEDURES
§ 5.551. PERMITTING PROCEDURES; APPLICABILITY
§ 5.552. NOTICE OF INTENT TO OBTAIN PERMIT
§ 5.553. PRELIMINARY DECISION; NOTICE AND PUBLIC COMMENT
§ 5.554. PUBLIC MEETING
§ 5.555. RESPONSE TO PUBLIC COMMENTS
§ 5.556. REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING
§ 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING
§ 5.558. CLEAN COAL PROJECT PERMITTING
Subchapter N. ESTUARY MANAGEMENT PLANS
§ 5.601. DEFINITIONS
§ 5.602. RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS COAST
§ 5.603. FINDING OF BENEFIT AND PUBLIC PURPOSE
§ 5.604. LEAD STATE AGENCY
§ 5.605. STATE AGENCY PARTICIPATION
§ 5.606. ESTUARY PROGRAM OFFICES
§ 5.607. IMPLEMENTATION FUNDING
§ 5.608. ELIGIBILITY FOR STATE FUNDING
§ 5.609. ADMINISTRATION
Subchapter P. FEES
§ 5.701. FEES
§ 5.702. PAYMENT OF FEES REQUIRED WHEN DUE
§ 5.703. FEE ADJUSTMENTS
§ 5.704. NOTICE OF CHANGE IN PAYMENT PROCEDURE
§ 5.705. NOTICE OF VIOLATION
§ 5.706. PENALTIES AND INTEREST ON DELINQUENT FEES
§ 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS DERIVED FROM FEES
§ 5.708. PERMIT FEE EXEMPTION FOR CERTAIN RESEARCH PROJECTS
Subchapter Q. PERFORMANCE-BASED REGULATION
§ 5.751. APPLICABILITY
§ 5.752. DEFINITIONS
§ 5.753. STANDARDS FOR EVALUATING AND USING COMPLIANCE HISTORY
§ 5.754. CLASSIFICATION AND USE OF COMPLIANCE HISTORY
§ 5.755. STRATEGICALLY DIRECTED REGULATORY STRUCTURE
§ 5.756. COLLECTION AND ANALYSIS OF COMPLIANCE PERFORMANCE INFORMATION
§ 5.757. COORDINATION OF INNOVATIVE PROGRAMS
§ 5.758. REGULATORY FLEXIBILITY
Subchapter R. ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
§ 5.801. DEFINITION
§ 5.802. ADMINISTRATION BY COMMISSION
§ 5.803. APPLICATION; FEE
§ 5.804. ISSUANCE OF ACCREDITATION; RECIPROCITY
§ 5.805. RULES; MINIMUM STANDARDS
§ 5.806. DISCIPLINE
§ 5.807. ENVIRONMENTAL TESTING LABORATORY ACCREDITATION ACCOUNT