Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,191
1163-1244 p. ; 28 cm.View a full description of this periodical.
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stall, modify, or operate, in accordance with
stated limitations, a specified facility for
waste discharge, for solid waste storage, pro-
cessing, or disposal, or for underground in-
jection, and includes a waste discharge per-
mit, a sohd waste permit, and an injection
well permit.
Person-An individual, corporation,
organization, government, governmental sub-
division or agency, business trust, estate,
partnership, or any other legal entity or as-
sociation.
Processing-The extraction of mate-
rials, transfer or volume reduction, conver-
sion to energy, or other separation and prep-
aration of waste for reuse or disposal, and
includes the treatment or neutralization of
hazardous waste so as to lender such waste
nonhazardous, safer for transport, or amen-
able to recovery, storage, or volume reduc-
tion. The meaning of transfer as used here
does not include the conveyance or transport
off-site of solid waste by truck, ship, pipe-
line, or other means.
Radioactive material-A material
which is identified as a radioactive material
under Texas Civil Statutes, Article 4590f, as
amended, and the rules adopted by the Texas
Board of Health pursuant thereto.
Site-The land or water area where
any facility or activity is physically located
or conducted, including adjacent land used
in connection with the facility or activity.
Solid waste permit-A permit issued
pursuant to Texas Civil Statutes, Article
4477-7, as amended.
Storage-The holding of waste for a
temporary period, at the end of which the
waste is processed, recycled, disposed of, or
stored elsewhere.
Waste discharge permit-A permit is-
sued pursuant to the Texas Water Code,
Chapter 26.
Issued in Austin, Texas, on February 25, 1988.
TRD-8601992 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1966
Expiration date: July 1, 1988
For further information, please call
(512) 463-8070.Subchapter B. Emergency Orders
Temporary Orders and
Executive Director
Authorizations
*31 TAC 305.21-305.30
The new sections are adopted on an
emergency basis under the Texas Water
Code, 5.103 and 5.105, which provides
the Texas Water Commission with the
authority to adopt any rules necessary to
carry out its powers and duties under the
Texas Water Code and other laws of the
state.305.21. Emergency Orders and Tempo-
rary Orders Authorized. The commission
may issue emergency orders or temporary
orders relating to the discharge of waste or,
pollutants into or adjacent to any water in
the state, whether or not the discharge is
covered by a waste discharge permit, when
necessary to enable action to be taken more
expeditiously than is otherwise provided by
the Texas Water Code, Chapter 26, to ef-
fectuate the policy and purposes of that
chapter.
305.22. Application for Orders or Autho-
rizations to Discharge.
(a) A person desiring to obtain a tem-
porary or emergency order to discharge
waste or pollutants, including untreated or
partially treated wastewater, into or adjacent
to water in the state shall submit a sworn ap-
plication to the commission containing the
following information and any other infor-
mation the commission requires:
(1) a statement that the discharge is
unavoidable to prevent loss of life, serious
injury, severe property damage, or severe
economic loss, or to make necessary and un-
foreseen repairs to a facility, that there are
no feasible alternatives to the proposed dis-
charge, and that the discharge will not cause
significant hazard to human life and health,
unreasonable damage to property of persons
other than the applicant, or unreasonable
economic loss to persons other than the
applicant;
(2) a statement that the proposed
discharge will not present a significant haz-
ard to the uses that may le made of the re-
ceiving water after the discharge;
(3) an estimate of the dates on
which-the proposed discharge will begin and
end;
(4) a statement of the volume and
quality of the proposed discharge;
(5) an explanation of measures pro-
posed to minimize the volume and duration
of the discharge; and
(6) an explanation of measures pro-
posed to maximize the waste treatment effi-
ciency of units not taken out of service or
facilities provided for interim use.
(b) If the applicant is other than an in-
dividual, the application must be sworn to
by someone authorized to do so for the ap-
plicant, as provided for in 305.44 of this
title (relating to Signatories To Applications).
(c) If the executive director issues an
authorization to discharge as provided in
305.25 of this title (relating to Executive
Director Authorizations To Discharge), the
applicant must submit the sworn application
as required in subsection (a) of this section
before the date of the commission's public
hearing to consider the authorization.
305.23. Emergency Orders.
(a) The commission may issue emer-
gency orders relating to the discharge of
waste or pollutants into or adjacent to any
water in the state, whether or not the dis-
charge is covered by a waste discharge per-mit, without notice and hearing, or with such
notice and hearing as the commission con-
siders practicable under the circumstances,
only if the commission finds the following
to be true:
(1) that the discharge is unavoidable
to prevent loss of life, serious bodily injury,
severe property damage, or severe economic
loss, or to make necessary and unforeseen
repairs to a facility, that there are no feas-
ible alternatives to the proposed discharge,
and that the discharge will not cause signifi-
cant hazard to human life and health, un-
reasonable damage to property of persons
other than the applicant, or unreasonable
economic loss to persons other than the
applicant;
(2) that the proposed discharge will
not present a significant hazard to the uses
that may be made of the receiving water after
the discharge;
(3) that the estimate of the dates on
which the proposed discharge will begin and
end and the estimate of the volume and qual-
ity of the proposed discharge submitted by
the applicant are reasonable and are attain-
able; and
(4) that the measures proposed by
the applicant to minimize the volume and
duration of the discharge, and to maximize
the waste treatment efficiency of treatment
units not taken out of service or treatment
facilities to be provided for interim use are
reasonable.
(b) If the commission issues an emer-
gency order under the authority of subsec-
tion (a) of this section without a hearing, the
order shall fix a time and place for a hear-
ing to be held before the commission which
shall be held as soon after the emergency
order is issued as is practicable and after such
notice as is required under 305.24(a) of this
title (relating to Notice).
305.24. Notice.
(a) Emergency orders relating to the
discharge of waste or pollutants may be
issued by the commission without prior
notice and hearing, or with such notice and
hearing under the conditions stated in
305.23 of this title (relating to Emergency
Orders), as the commission deems practic-
able.
(b) Temporary orders, other than emer-
gency orders, require a hearing before is-
suance of the order. The commission shall
give notice of not less than 20 days before
the date set for the hearing on the temporary
order to all affected persons, and to all per-
sons as may be required by law.
(c) The requirements of the Texas
Water Code, 26.022, relating to the time for
notice, newspaper notice, and method of giv-
ing a person notice do not apply to a hear-
ing held for an emergency order, but such
general notice of the hearing shall be given
as the commission considers practicable
under the circumstances.
305.25. Executive Director Authorizations
to Discharge. If emergency conditions ex-March 11, 1986 11 TexReg 1191
_ __
4 Emergency Rules
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/29/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.