a sample of a mixture containing an unknown hydrocarbon

12.01, eff. 26.005, eff. Sec. Sec. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 485), Sec. 2, eff. Added by Acts 1999, 76th Leg., ch. 533, Sec. 277, Sec. COOPERATION. 11, eff. 870, Sec. Sec. Sept. 1, 1991. The local government in exercising this power is subject to the same provisions and restrictions as the commission. 418 (S.B. Background levels for undeveloped sites shall be verified based on monitoring results from other areas of property within the zone prior to its development. (g) For purposes of this section, solid waste and solid waste management shall have the same meaning as in Chapter 361, Health and Safety Code. 397, Sec. ELIGIBLE OWNER OR OPERATOR. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1 and amended by Acts 1995, ch. 795, Sec. August 27, 2007. TEXAS SPILL RESPONSE ACCOUNT. (4) force corrective action by the responsible party of a quarry responsible for an unauthorized discharge. 26.020. 277, Sec. (e) To consolidate appropriations, the commission may transfer from the petroleum storage tank remediation account to the waste management account an amount equal to the amounts authorized under Subsections (d)(1) and (4), subject to the requirements of those subsections. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 26.050. (18) "Local government" means an incorporated city, a county, a river authority, or a water district or authority acting under Article III, Section 52, or Article XVI, Section 59 of the Texas Constitution. (a) This section applies only to a facility that generates water treatment residuals from the desalination of seawater solely for use as part of an industrial process. 1.072 eff. 1175, Sec. (a) The commission annually shall audit claims for payment from the petroleum storage tank remediation account. Such programs may include the establishment of a permanent collection site, mobile collection sites, periodic collection events, or other methods which a river authority or local government may deem effective. 26.302. (a) Except as provided by Subsection (a-1), the commission by rule shall adopt requirements for the safe and adequate handling, storage, transportation, and disposal of poultry carcasses. Acts 2009, 81st Leg., R.S., Ch. (3) the responsibility of the owner or operator of an underground storage tank to accurately complete the part of the registration form pertaining to the certification of compliance with underground storage tank administrative requirements and technical standards if the tank is used for storing motor fuels (as defined in commission rule). Sec. The city shall employ or retain an adequate number of personnel on either a part-time or full-time basis as the needs and circumstances of the city may require, who by virtue of their training or experience are qualified to perform the water pollution control and abatement functions required to enable the city to carry out its duties and responsibilities under this section. REGULATED SUBSTANCES. 1256 (H.B. CERTAIN COMMISSION EXEMPTIONS AND RULES; AMENDMENTS AND ALTERNATIVE STANDARDS. The monitoring program shall provide data to identify significant long-term water quality trends, characterize water quality conditions, support the permitting process, and classify unclassified waters. The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510. The fiscal control and fund accounting procedures are supplemental to other procedures prescribed by law. The first publication of the notice shall be at least 14 days before the day set for the election. 4, eff. June 10, 1981; Acts 1985, 69th Leg., ch. 1.107, eff. GC-MS analysis is integral to ensuring the safety and authenticity of the foods we eat and beverages we drink. (14) "Pollution" means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sept. 1, 1985; Acts 1999, 76th Leg., ch. (2) establish the primary and secondary treatment requirements. (4) "Surface water in the state" means all lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico out three nautical miles into the Gulf, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state, except waters beyond three nautical miles of any shore in the state. June 11, 1985. Acts 2011, 82nd Leg., R.S., Ch. 1441, Sec. 10, eff. (c) If notice of the hearing is required by this chapter to be given to a person, the notice shall be served personally or mailed not less than 20 days before the date set for the hearing to the person at his last address known to the commission. Sept. 1, 1985; Acts 1999, 76th Leg., ch. (a) Penalties and other money received by the commission as a result of an enforcement action taken under this subchapter, and any gift or grant the commission receives for the purposes of this subchapter, shall be deposited into the reclamation and restoration fund account in the general revenue fund. A minimum of four sample events per year for each location for rainfall events greater than one-half inch shall be taken. (E) costs of remediating injuries proximately caused by reasonable cleanup activities. 26.3467. (B) was formulated in a manner that afforded an opportunity for diverse views to be considered. Monitoring of the four constituents shall be determined by monitoring at four or more locations where runoff occurs. 99, Sec. Amended by Acts 1989, 71st Leg., ch. (a) The committee shall meet not less than once each calendar quarter at a time determined by the committee and at the call of the chairman. (6) any other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases of regulated substances from underground or aboveground storage tanks. Sec. (d) The Texas Department of Transportation shall cooperate with the commission in the placement of signs described by Subsection (a). 899 (S.B. 14A.847, eff. 1, eff. (a) The legislature recognizes that various river authorities and municipal water districts and authorities of the state have signed, and that others are authorized to sign and may sign, a document entitled "The State of Texas Water Pollution Control Compact" (hereinafter called the "compact"), which was approved by Order of the Texas Water Quality Board on March 26, 1971, and which is now on file in the official records of the commission, wherein each of the signatories is by law an official agency of the state, created pursuant to Article XVI, Section 59 of the Texas Constitution and operating on a multiple county or regional basis, and that collectively those signatories constitute an agency of the state authorized to agree to pay, and to pay, for and on behalf of the state not less than 25 percent of the estimated costs of all water pollution control projects in the state, wherever located, for which federal grants are to be made pursuant to Clause (7), Subsection (b), Section 1158, Federal Water Pollution Control Act, as amended (33 U.S.C. Aug. 30, 1993; Acts 2003, 78th Leg., ch. June 16, 1991; Acts 2001, 77th Leg., ch. Sept. 1, 2001. Renumbered from Sec. UNDERGROUND AND ABOVEGROUND STORAGE TANKS. (e) Insofar as may be practical, the water quality management plans shall be reasonably compatible with the other governmental plans for the area, such as area or regional transportation, public utility, zoning, public education, recreation, housing, and other related development plans. (4) "Sanitary sewer overflow" means a discharge of wastewater, stormwater that has entered a separate sanitary sewer system, or a combination of wastewater and stormwater from a separate sanitary sewer system at a point or points before the water enters a publicly owned treatment plant. Sec. (c) Notwithstanding the requirement of Section 26.3442(e) that the commission include only critical safety elements from specified national consensus standards, the commission may initiate a rulemaking proceeding to determine whether, for certain vessels in certain situations, an alternative national consensus standard would be at least as effective for public health and safety but more cost effective for the persons affected to implement. ); (9) a tank, including piping and collection and treatment systems, that is used in the management of leachate, methane gas, or methane gas condensate, unless the tank is used for storage of a regulated substance; (10) a tank or pressure vessel that is used to store liquefied petroleum gas; and. (a) A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and dispose of poultry carcasses, poultry litter, and other poultry waste regardless of whether the person owns the poultry. September 1, 2011. 1, eff. (b) In any permit or amendment to a permit issued under this chapter, at the request of the applicant the commission may authorize a wastewater treatment facility to contribute treated domestic wastewater produced by the facility as reclaimed water to a reuse water system if the commission has approved the use of reclaimed water from the wastewater treatment facility. (a) In this section: (1) "Bulk facility" means a facility in this state, including pipeline terminals, refinery terminals, rail and barge terminals, and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or a barge used to transport those products. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 2445), Sec. The commission by rule shall coordinate the water quality responsibilities of river authorities within each watershed and shall, where appropriate, delegate water quality functions to local governments under Section 26.175 of this code. 1256 (H.B. (1) "National combined sewer overflow policy" means the Combined Sewer Overflow Control Policy of the United States Environmental Protection Agency dated April 8, 1994, and published April 19, 1994, as amended or superseded. Sec. 1. (b) In addition to the requirements of Subsection (a) of this section, the commission shall also provide notice to each of the following that the commission believes may be affected: (1) each local government whose boundary is contiguous to the water in question or whose boundaries contain all or part of the water, or through whose boundaries the water flows; and. (2) to situations in which the real or personal property constitutes collateral for a commercial loan. The triple quadrupole MS provides a higher level of selectivity and is best suited to analyses where the highest sensitivity is required. 3554), Sec. 3, eff. Amended by Acts 1981, 67th Leg., p. 985, ch. 27, eff. 795, Sec. Renumbered from Vernon's Ann.Civ.St. (b) A lender is not liable as an owner or operator under this subchapter solely because the lender holds indicia of ownership to protect a security or lienhold interest in property as described by Subsection (a) of this section. Sec. 25(1), eff. 418 (S.B. Sept. 1, 1987. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. All certification fees shall be paid to the commission or delegated authority performing the certification function. 5, eff. We are an Open Access publisher and international conference Organizer. (d) The individual or individuals holding a hearing under the authority of this section shall report the hearing in the manner prescribed by the commission. Amended by Acts 1989, 71st Leg., ch. 26.265. The issue on appeal is whether the action or program is invalid, arbitrary, unreasonable, inefficient, or ineffective in its attempt to control water quality. (c) The term "waste" as used in this section does not include any waste that results from activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants if that waste is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. (2) expenses associated with the review and amendment of certifications, inspection of certified facilities, and enforcement of the applicable standards of Section 26.3442 and the rules and orders adopted by the Performance Standards for Safety at Storage Vessels Program. Sec. GROUNDWATER QUALITY. ADMINISTRATIVE PROVISIONS. (2) permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tank. 1.080, eff. 26.402. Any person or persons who are the subject of an action taken by the commission under Section 26.084 of this code and who are excluded from a regional or area-wide system because the person or persons will suffer undue financial hardship as a result of inclusion in the regional or area-wide system may be added to the system at a later time under the provisions of Section 26.084 of this code. For a violation that is not directly attributable to a specific wastewater treatment facility, the commission shall attribute the violation to the wastewater treatment facility contributing the greatest volume of reclaimed water to the reuse water system on the date of the violation. 870, Sec. (e) In establishing the portion of the Performance Standards for Safety at Storage Vessels Program governed by this subsection, the commission shall, except as provided by Section 26.3443, include all and only those critical safety elements that are applicable to a storage vessel, and that the commission determines to be critical in this state for the protection described by Subsection (c), from the following national consensus standards, ensuring that the correct critical safety elements are applied to the correct types of storage vessels as delineated in the applicability section of each cited national consensus standard: (1) for in-service storage vessels constructed on or before September 1, 2027: (A) from American Petroleum Institute (API) Standard 653: Tank Inspection, Repairs, Alteration, and Reconstruction, the commission shall require adherence to the protocol to applicable tanks included in this standard for the following: (i) Section 4.3: Tank Shell Evaluation; (ii) Section 4.4: Tank Bottom Evaluation; (iii) Section 4.5: Tank Foundation Evaluation; (iv) Section 6.2: Inspection Frequency Considerations; (v) Section 6.3: Inspections from the Outside of the Tank; (vi) Section 6.4: Internal Inspection, if applicable in accordance with Section 6.3; (vii) Section 8: Design Considerations for Reconstructed Tanks; and. 284(89), eff. (5) expenses associated with investigation, cleanup, or corrective action measures performed under Section 26.351(c-1). 4, eff. Sept. 1, 1985. (b) Nothing in this subchapter shall in any way affect or limit the liability of any person to any other person or to the United States, or to this state. 579 (S.B. (a) Each state agency having responsibilities related to the protection of groundwater shall maintain a public file of all documented cases of groundwater contamination that are reasonably suspected of having been caused by activities regulated by the agency. 930, Sec. (u) The petroleum storage tank remediation account may not be used to pay for a site remediation that involves the installation or construction of on-site equipment, structures, or systems used in the extraction or management of wastes, except for soil excavation and landfill disposal or well sampling and monitoring, unless: (1) the plans and specifications for the equipment, structures, or systems are sealed by an engineer licensed by the Texas Board of Professional Engineers and Land Surveyors; and. 1.090, eff. (b) A geoscientist licensed in the program may supervise a corrective action under this subchapter unless the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, determines that the geoscientist is not qualified to supervise a corrective action. FISCAL CONTROL ON WATER QUALITY MANAGEMENT PLANNING. 26.407. 756 (H.B. (f) An aboveground storage tank that is located at or is part of a petrochemical plant, a petroleum refinery, an electric generating facility, or a bulk facility as that term is defined by Section 26.3574(a) of this code is exempt from regulation under this subchapter but is not exempt for purposes of the fee imposed under Section 26.3574 of this code. (10) a representative of the Water Well Drillers and Water Well Pump Installers Program of the Texas Department of Licensing and Regulation selected by the executive director of the department. September 1, 2017. 17, eff. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. (d) A person who has previously provided notice to the commission of an underground storage tank under Section 9002 of the federal Solid Waste Disposal Act (42 U.S.C. The commission may not approve a project that is necessary to bring a respondent into compliance with environmental laws, that is necessary to remediate environmental harm caused by the respondent's alleged violation, or that the respondent has already agreed to perform under a preexisting agreement with a governmental agency. (2) "Boat pump-out station" means any private or public shoreside, mobile, or floating installation either independent of or in addition to an organized waste collection, treatment, and disposal system used to receive boat sewage. 294, Sec. 1707), Sec. (a) In each permit, the commission shall prescribe the conditions on which it is issued, including: (2) the location of the point of discharge of the waste; (3) the maximum quantity of waste that may be discharged under the permit at any time and from time to time; (4) the character and quality of waste that may be discharged under the permit; and. 228, Sec. We care about the privacy of our clients and will never share your personal information with any third parties or persons. 6, eff. The executive director may solicit the assistance of spill cleanup experts in determining appropriate measures to be taken in cleaning up a spill or discharge. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) taking corrective action and compensating for water quality effects caused by an unauthorized discharge resulting from quarrying. Sept. 1, 1985. APPROVAL OF PLANS. Added by Acts 2015, 84th Leg., R.S., Ch. June 16, 1991. Amended by Acts 1995, 74th Leg., ch. 7.01, eff. 925, Sec. 1, eff. 1321 et seq.) Sept. 1, 2001; Acts 2001, 77th Leg., ch. (d) Each agency listed in Sections 26.403(c)(1) through (8) of this code that is represented on the committee shall provide staff as necessary to assist the committee in carrying out its responsibilities. 26.348. 930, Sec. September 1, 2005. For storage vessels constructed and brought into service after September 1, 2027, an owner or operator of a storage vessel shall register and certify its compliance status to the commission with the Performance Standards for Safety at Storage Vessels Program no later than 30 days after start of operation. 1, eff. Amended by Acts 1977, 65th Leg., p. 2207, ch. 2031), Sec. (a) The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject on which the commission may hold a hearing. 294, Sec. Sec. 26.083. 722 (S.B. 367, Sec. 26.175. Amended by Acts 1989, 71st Leg., ch. ), and the national contingency plan authorized by the federal Clean Water Act (33 U.S.C. Sec. 870, Sec. Added by Acts 1987, 70th Leg., ch. (b) When requested by the executive director, the result of any inspection or investigation made by the local government shall be transmitted to the commission for its consideration. Sept. 1, 1997; Acts 1997, 75th Leg., ch. An eligible owner or operator of a site that is placed in the state-lead program under this subsection is not liable to the commission for any costs related to the corrective action. (2) "Claim" means a demand in writing for a certain sum. Added by Acts 1989, 71st Leg., ch. 21.079 and amended by Acts 1977, 65th Leg., p. 2207, ch. (f) In addition to any other requirements established by commission rule adopted under Subsection (e), the responsible party for a quarry located in a water quality protection area required to obtain an individual or general permit shall include with an application filed with the commission under this section: (1) a proposed plan of action for how the responsible party will restore the receiving water body to background conditions in the event of an unauthorized discharge that affects the water body; and. 870, Sec. LIMITS ON LIABILITY OF CORPORATE FIDUCIARY. May 31, 1989. (e) The commission may issue a notice of violation to the owner or operator of an underground storage tank system that does not comply with this section, informing the owner or operator of the nature of the violation and that the commission may order the noncomplying underground storage tank system placed out of service if the owner or operator does not correct the violation within 30 days after the date the notice is received. Sept. 1, 1977; Acts 1983, 68th Leg., p. 4204, ch. Sept. 1, 1977; Acts 1985, 69th Leg., ch. May 31, 1989. 26.357. (a) The commission shall enforce this subchapter and impose administrative and civil penalties for discharges from a quarry in violation of this subchapter. (b) In this section, "coastal zone" has the meaning assigned by Section 33.004, Natural Resources Code. (i) A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise. Sept. 1, 2003. 1.094, eff. Renumbered from Vernon's Ann.Civ.St. The sampling must be performed by a person described by Section 26.503(b)(2)(E)(ii). (2) a supervisor who is not licensed under Section 26.366. 1.067, eff. FEDERAL GRANTS. (i) If a lender outbids, rejects, or does not act on an offer of fair consideration for the aboveground or underground storage tank or the facility or property on which the storage tank is located, it is presumed that the lender is not holding the ownership indicia primarily to protect the security interest unless the lender is required, in order to avoid liability under federal or state law, to make the higher bid, obtain the higher offer, or seek or obtain an offer in a different manner. A missed deadline that is the fault of the person, his agent, or contractor shall also eliminate reimbursement eligibility as described at Section 26.3571(b). 333, Sec. 14.04, eff. (f) a professional agronomist or soil scientist certified by the American Society of Agronomy. Acts 2005, 79th Leg., Ch. (4) provide such other information relating to discharges of pollutants into any water in the state or to introductions of pollutants into publicly owned treatment works as the commission may reasonably require. (a) In this section: (1) "Sole-source surface drinking water supply" means a body of surface water that is designated as a sole-source surface drinking water supply in rules adopted by the commission. (k) The commission shall impose against the owners of evaporation pits fees in amounts necessary to recover the costs of administering this section. Sept. 1, 1977. September 1, 2007. 310, Sec. 3, eff. Sec. 20, eff. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1991, 72nd Leg., ch. 3, eff. 2, eff. Sec. (c) In any permit or amendment to a permit issued under this chapter, at the request of the applicant the commission shall authorize, subject to any required approval by the United States Environmental Protection Agency, a wastewater treatment facility to: (1) contribute reclaimed water into a reuse water system operated by the agency; and. 1, eff. ; or. (b) The owner or operator of an underground or aboveground storage tank shall immediately take all reasonable actions to prevent a threatened release of regulated substances from an underground or aboveground storage tank and to abate and remove any releases subject to applicable federal and state requirements. 7, eff. 642, Sec. The commission shall cooperate with other agencies, departments, and subdivisions of this state and of the United States in implementing this subchapter. (g) Costs incurred as a result of a release from a storage tank system owned, operated, or maintained by a common carrier railroad are not reimbursable pursuant to the provisions of this section. 900), Sec. The time of elution is referred to as a compound's retention time. Sept. 1, 1985. (a) Except as provided by this section, the Railroad Commission of Texas is solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface and subsurface water resulting from: (1) activities associated with the exploration, development, and production of oil or gas or geothermal resources, including: (A) activities associated with the drilling of injection water source wells which penetrate the base of useable quality water; (B) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the Railroad Commission of Texas; (C) activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants; (D) activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code; (E) activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code; and. 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