Nothing in this subchapter shall be construed to alter or affect the private rights of action of any person under any statute or common law for personal injury or property damage caused by the release of contaminants. It is used to convert commodity recyclables extracted from the municipal solid waste in the landfill into energy. RADIOACTIVE MEDICAL WASTE. Special thanks are given to Annette Ferebee, Julie Desai, Heidi Klein, and Gilah Langner. (3) collection methods that allow a consumer to recycle covered television equipment without paying a separate fee at the time of recycling. (b) If an application is rejected because it is not complete or accurate, the executive director, not later than the 45th day after receipt of the application, shall provide the person with a list of all information needed to make the application complete or accurate. Sec. 361.025. REGULATION OF CERTAIN RECYCLING FACILITIES IN CERTAIN COUNTIES. Acts 1989, 71st Leg., ch. 76, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. The purpose of this subchapter is to provide authorization to the executive director to certify municipal setting designations for municipal properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by ordinance or restrictive covenant. Sec. 1.029, eff. The practice of public health other than environmental health and protection is gravitating closer to a partnership with health care, while environmental health and protection is aligning more closely with environmental quality and conservation agencies. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 361.117. 1, eff. American Industrial Hygiene Association and Hughes, C. Industrial Hygiene: Work Force Characteristics: Employment, Education & Practice. Added by Acts 2015, 84th Leg., R.S., Ch. SEPARATE LICENSE FOR EACH FACILITY. 303, Sec. The majority of these bottles make their way into landfills and waterways, or they litter the streets. 1, eff. 190 (S.B. 6.4 Construction Waste Management. For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the United States Environmental Protection Agency a variance from the federal land disposal restrictions before injecting permitted hazardous wastes: (1) a permit or other authorization issued to the facility under this chapter is not subject to cancellation, amendment, modification, revocation, or denial of renewal because the permit holder has not commenced construction or operation of the facility; and. Take appropriate measures to resolve the problem and/or present a range of solutions. Increasing both vertical and horizontal pull, this powerful system makes even the toughest jobs like underwater vacuuming possible and is backed by a five-year warranty. ENVIRONMENTAL ASSESSMENT. MANUFACTURER'S LABELING REQUIREMENT. (b) Except as provided by Section 361.110, the commission shall notify each governmental entity listed under Section 361.067 and provide an opportunity for a hearing to the permit holder or applicant and persons affected. 361.436 and amended by Acts 1991, 72nd Leg., 1st C.S., ch. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1989. (a) The commission may amend, extend, or renew a permit it issues in accordance with reasonable procedures prescribed by the commission. (8) "Noncommercial waste storage, processing, or disposal facility" includes any facility that accepts an industrial solid waste or a hazardous waste for storage, processing, including incineration, or disposal for no charge or that stores, processes, or disposes of waste generated on site. (j) The comptroller may deduct a percentage of the fees collected under this section, not to exceed four percent of receipts, to pay the reasonable and necessary costs of administering and enforcing this section. Sept. 1, 1995. 448, Sec. (a) The commission by rule shall require operators of solid waste facilities for disposal of hazardous waste to maintain records and to submit to the commission reports necessary for the commission to determine the amount of hazardous waste disposal. The target audience for these recommendations is environmental health practitioners who work in LHDs. Provide solutions to environmental health problems that obtain support from clients and increase their understanding of environmental health issues and concerns. J Public Health Management Practice. (e) Agents or employees of the commission or commission contractors acting under this section shall observe the establishment's rules on safety, internal security, and fire protection. Packaging can be described as a coordinated system of preparing goods for transport, warehousing, logistics, sale, and end use.Packaging 1.028(a), eff. (14) publicize to business and industry, and participate in and support, waste exchange programs. The commission shall also mail the same information to each potentially responsible party by certified mail, return receipt requested, at the party's last known address at least 30 days before the public meeting. (a) Money for actions taken or to be taken by the commission in connection with the elimination of an imminent and substantial endangerment to the public health and safety or the environment under this subchapter is payable directly to the commission from the hazardous and solid waste remediation fee account. (C) in excess of the amount of fees submitted by the applicant under Section 361.604; (2) a schedule of payments to the commission to be made by the person for recovery of all commission costs fairly attributable to the voluntary cleanup program, including direct and indirect costs of overhead, salaries, equipment, and utilities, and legal, management, and support costs; and. 569 (S.B. 1, eff. (2) pay all costs of commission oversight of the voluntary cleanup. 6, eff. Local US: 888-920-2945 (14) "Hazardous waste management unit" means a landfill, surface impoundment, waste pile, industrial furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or land treatment unit, or any other structure, vessel, appurtenance, or other improvement on land used to manage hazardous waste. 2, Sec. 3, Sec. September 15, 1998. 2022 Planned Projects Transportation Projects. Due to sanitary and even safety reasons. (b) In considering the appropriate remedial action program at a particular facility, the commission may approve a program that does not attain a level or standard of control at least equivalent to a legally applicable or relevant and appropriate standard, requirement, criterion, or limitation, as required by state or local law, if the commission finds that: (1) the remedial action selected is only part of a total remedial action that will attain that level or standard of control when completed; (2) compliance with the requirement at that facility will result in greater risk to public health and safety or the environment than alternative options; (3) compliance with the requirement is technically impracticable from an engineering perspective; (4) the remedial action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, criterion, or limitation through use of another method or approach; (5) with respect to a local standard, requirement, criterion, or limitation, the locality has not consistently applied or demonstrated the intention to consistently apply the standard, requirement, criterion, or limitation in similar circumstances of other remedial actions within the locality; or. (c) A petition described by Subsection (b) must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed. (a) Except as provided by Subsection (b), Class I nonhazardous industrial solid waste and small quantities of hazardous waste generated by conditionally exempt small quantity generators, as defined by the commission, may be accepted in a municipal solid waste facility if: (1) authorized in writing by, or by rule of, the commission; and. 582 (H.B. (B) require groundwater protection features, such as liners and monitor wells. 296, Sec. Added by Acts 1997, 75th Leg., ch. i. Compost allows the soil to retain more plant nutrients over a longer period. (c) This section does not require a commercial industrial solid waste facility to obtain a permit for discharge into a publicly owned treatment works facility liquid wastes that are incidental to the handling, processing, storage, or disposal of solid wastes at a municipal solid waste facility or commercial industrial solid waste landfill facility. (b) The commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. (3) include a legal description of the site and the name of the site's owner at the time the application to participate in the voluntary cleanup program was filed. Sec. 1, eff. 678, Sec. vi. 901 (H.B. SOURCE REDUCTION AND WASTE MINIMIZATION ANNUAL REPORT. 2, Sec. Sec. (c) A dealer or marketplace provider required to collect a fee under this section: (1) shall list as a separate item on an invoice a fee due under this section; and. Covered electronic products from manufacturers on that list may be sold in or into the State of Texas. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Weblandfill system, a self contained system resulting in very little impact on the surrounding environment, have resulted in more restrictive legislation and regulations for sanitary landfills. 1, eff. Nolan, P. A. COST RECOVERY BY LIABLE PARTY OR THIRD PARTY. 174 (S.B. 2.03, eff. Depending on the specific application, composting can serve as both a volume reduction and a waste treatment measure. TERMINATION OF AUTHORIZATION OR PERMIT. Corten Steel Debris Tank is more durable and resists rust and corrosion. 802, Sec. 361.109. (3) automatic methane gas sensors that will sound an audible alarm if the sensor detects a methane gas volumetric concentration of greater than one percent installed: (A) within the venting pipe or permeable layer; and. 361.084. 1072, Sec. Sec. Sec. (d) The commission shall issue a warning notice to a person on the person's first violation of this subchapter. 1.15, eff. Sec. The Standard control panel eliminates the need for dual controls. Any person selling new lead-acid batteries at wholesale shall accept from customers, at the point of transfer, used lead-acid batteries for recycling, if offered by customers. (d) The commission may overturn a conclusion of law in a contested case only on the grounds that the conclusion was clearly erroneous in light of precedent and applicable rules. 1418, Sec. Renumbered from Health & Safety Code Sec. Section 6901 et seq. Sept. 1, 2003. Added by Acts 2001, 77th Leg., ch. Disclaimer 9. (a) The executive director may reject an application submitted under Section 361.604 if: (1) an administrative, state, or federal enforcement action is pending that concerns the remediation of the hazardous substance or contaminant described in the application; (2) a federal grant requires an enforcement action at the site; (3) the application is not complete or accurate; or. 3560), Sec. (a) Before the commission may hear testimony in a contested case, evidence must be placed in the record to show that proper notice of the hearing was given to affected persons. (a) The commission may issue a permit for the development of land over a closed municipal solid waste landfill facility only if the commission finds that the proposed development will not increase or create a potential threat to public health or the environment. (b) The person must make the request in writing to the commission. 361.808. 899, Sec. If volatile or semi-volatile materials are present in the waste, thermal desorption will also occur. (d) This section does not limit the applicability of Section 26.121, Water Code. (b) A person who submits a bid for a contract with a state agency for the purchase or lease of covered television equipment must be in compliance with this subchapter. Sec. June 20, 1993; Acts 1997, 75th Leg., ch. June 7, 1991. (c) A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise. (a) A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application fee as prescribed by this section. June 1998. (B) a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution. East Carolina University, NC, National Association of County & City Health Officials Director That was at a time when schools of public health produced professionals for the field of practice. 1, eff. The program is based on individual television manufacturer responsibility and shared responsibility among consumers, retailers, and the government of this state. 1362 (H.B. (c) The commission is not obligated to award a contract if it determines that adequate liability insurance is not available to an engineer or contractor and that the award of the contract is not in the public interest. Acts 1989, 71st Leg., ch. Sept. 1, 1995. ); and. 1281), Sec. Handle all forms of communication promptly, politely, and professionally. 5.95(49), eff. The term: (iii) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Section 91.101, Natural Resources Code; or. (a) The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to a solid waste processing or disposal facility from: (1) a municipality with a population of less than 50,000; (2) a county with a population of less than 85,000; Text of subd. Amended by Acts 1993, 73rd Leg., ch. Section 6901 et seq.). The general application of a construction waste management plan is to minimize the amount of materials going to landfills during construction by diverting the construction waste and demolition and land clearing debris from landfill disposal. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 6, 1990; Acts 1991, 72nd Leg., ch. FINANCIAL AND PROPRIETARY INFORMATION. 361.153. An agreement for reasonable access may provide: (1) that the designated person may not unreasonably interfere with the use of the property; (2) for payment of reasonable compensation for access to the property; or. The commission's decision to contract or not to contract to indemnify an engineer or contractor may be made as an executive act without an adjudicative public hearing and is not subject to judicial review. In performing its duties under this section the commission may inspect any place, building, or premises governed by Section 361.452. (2) "Consumer" means an individual who uses covered television equipment that is purchased primarily for personal or home business use. 8, eff. Added by Acts 1991, 72nd Leg., ch. (a) This section applies to a political subdivision of the state that: (1) has jurisdiction of territory in more than one county; and. Amended by Acts 1995, 74th Leg., ch. (2) does not include merely having the capacity to influence, or the unexercised right to control, a solid waste facility or facility operations. DESIGNATION OF AREAS SUITABLE FOR FACILITIES. Menstrual cups are usually made of flexible medical grade silicone, latex, or a thermoplastic isomer.They are shaped like a bell with a stem or a ring. (h) Except as provided in this section, the provisions of Chapters 101 and 111-113, Tax Code, apply to the administration, payment, collection and enforcement of fees under this section in the same manner that these provisions apply to the administration, payment, collection, and enforcement of taxes under Title 2, Tax Code. (7) "Television" means an electronic device that contains a tuner that locks onto a selected carrier frequency and is capable of receiving and displaying video programming from a broadcast, cable, or satellite source. 965, Sec. Acts 2013, 83rd Leg., R.S., Ch. (3) the lender seeks to divest the lender of the property under Subsections (a)(2)(B) and (b). (d) An application shall be processed in the order in which it is received. (b) The commission shall accomplish the purposes of this chapter by controlling all aspects of the management of industrial solid waste and hazardous municipal waste by all practical and economically feasible methods consistent with its powers and duties under this chapter and other law. Sale and reforms or repairs of real estate (homes, garages, annexes). PERMIT HOLDER EXEMPT FROM LOCAL LICENSE REQUIREMENTS. 361.438 by Acts 1991, 72nd Leg., 1st C.S., ch. APPEALS. Amended by Acts 1993, 73rd Leg., ch. CONSTRUCTION OF OTHER LAWS. Amended by Acts 1993, 73rd Leg., ch. Sec. 6, eff. 1, eff. 678, Sec. (d) The collection report may include a listing of other existing collection and recycling infrastructure for covered television equipment not associated with the recycling leadership program, including electronic recyclers and repair shops, recyclers of other appropriate commodities, reuse organizations, not-for-profit corporations, retailers, and other suitable operations, including local government collection events, if available. 678, Sec. COLLECTION FOR RECYCLING. 5, eff. 370, Sec. Although these tasks are all essential for working effectively, they also represent a basic knowledge part of the job rather than a competency. Apart from being clean, cheap, and safe, composting can significantly reduce the amount of disposable garbage. 899, Sec. The meeting shall be held for the purpose of obtaining additional information regarding the facility relative to the eligibility of the facility for listing on the state registry and the identification of potentially responsible parties. 13(b), eff. 2244), Sec. The relative priority for action at facilities listed on the registry shall be periodically reviewed and revised by the commission as necessary to accurately reflect the need for action at the facilities. 361.343. 4, eff. 11.01, eff. The state may bring an action to recover those reasonable expenses. 731, Sec. Please send your query by filling out the form below. September 1, 2005. About Our Coalition. 361.0641. 361.030. (e) A retailer who receives a warning notice from the commission that the retailer's inventory violates this subchapter because it includes computer equipment from a manufacturer that has not submitted the recovery plan required by Section 361.955 must bring the inventory into compliance with this subchapter not later than the 60th day after the date the warning notice is issued. Pyrolysis is a form of incineration that chemically decomposes organic materials by heat in the absence of oxygen. Amended by Acts 1995, 74th Leg., ch. Sec. The comptroller shall credit the amount deducted to the general revenue fund. The commission shall be given written notice by certified mail of the pendency of the action, and the commission may become a party to the action. (3) the estimated total cost of investigation and remedial action at any site eligible for funding under the Comprehensive Environmental Response, Compensation and Liability Act, as amended, or Subchapter F or I and not currently under contract. 76, Sec. DEFINITIONS. 1, eff. iii. (c) The amount of financial assistance granted by the state through the commission to a local government under this chapter must be matched by local government funds at least in equal amounts. REGULATION AND PERMITTING OF CERTAIN INDUSTRIAL SOLID WASTE DISPOSAL. (f) A holder of a permit issued under this section may not accept solid waste if the permit holder is delinquent in the payment of costs assessed under Subsection (e). 219), Sec. The MSO process reportedly does not produce dioxins and furans. (c) Before a permit may be issued, amended, extended, or renewed for a solid waste facility to store, process, or dispose of hazardous waste, the commission shall determine the type or types of financial assurance that may be given by the applicant to comply with rules adopted by the commission requiring financial assurance. Recycling is a big part of waste management. Sec. They require manufacturers to process and transport bottled water under sanitary conditions and to use processes that ensure the safety of the water. 793, Sec. 361.981. Subject to the limitations of 42 U.S.C. If a county issues, amends, renews, or extends a license in accordance with Sections 361.154-361.160, the owner or operator of the facility is not required to obtain a permit from the commission for the same facility. The commission may not issue a permit for a Type IV landfill if: (1) the proposed site is located within 100 feet of a canal that is used as a public drinking water source or for irrigation of crops used for human or animal consumption; (2) the proposed site is located in a county with a population of more than 225,000 that is located adjacent to the Gulf of Mexico; and. Sept. 1, 1999. Communicate:The capacity to effectively communicate risk and exchange information with colleagues, other practitioners, clients, policy-makers, interest groups, media, and the public through public speaking, print and electronic media, and interpersonal relations. A primary objective of environmental health programs is to prevent death and illness from environmentally related disease and injury. Sec. (4) establish educational and incentive programs to encourage maximum employee participation. 965, Sec. (G) the suggested agronomic application rate for the Class B sludge; (5) a requirement that the permit holder submit annually to the commission evidence that the permit holder is complying with the nutrient management plan and the practice standards described by Subsection (h)(4); (6) a requirement that the permit holder post a sign that is visible from a road or sidewalk that is adjacent to the premises on which the land application unit is located stating that a beneficial application site is located on the premises; (7) any other monitoring and reporting requirements prescribed by the commission for the permit holder; and. 1, eff. (h) Subsections (e)-(g) do not affect the liability under this chapter of a defendant who, by an act or omission, caused or contributed to the release or threatened release of a hazardous substance that is the subject of the action concerning the facility. In this subchapter: (1) "Extension of credit" includes a lease finance transaction: (A) in which the lessor does not initially select the leased solid waste facility and does not during the lease term control the daily operations or maintenance of the solid waste facility; or. Sept. 6, 1990. (b) If the commission determines that a burden on public roadways will be imposed by a new commercial hazardous waste management facility, the commission shall require the applicant to pay the cost of the improvements necessary to minimize or mitigate the burden. The fee shall be reasonably related to the volume, the type, or both the volume and type of waste transported. Centers for Disease Control and Prevention. (g) This section does not preclude a claim under this code or the Water Code against: (1) the assets of the estate or trust administered by the fiduciary; or. Aug. 12, 1991. 48 (H.B. (ii) the resulting economic and environmental benefits to the county; (D) conduct the remediation of an eligible site; (E) conduct the inspection of a property or facility after remediation; and, (F) guide eligible owners in applying for county assistance under the program; and. The commission may not require an admission of liability in the agreed administrative order. (e) Smaller newspapers may find it difficult to implement use of recycled newsprint. Amended by Acts 1990, 71st Leg., 6th C.S., ch. (b) A facility to which this section applies must register with the commission in accordance with commission rules and comply with commission rules adopted under this chapter. Acts 1989, 71st Leg., ch. 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