Tex. Health & Safety Code Section 361.0901
Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities


(a)

In this section:

(1)

“Captured facility” has the meaning assigned by Section 361.131 (Definitions).

(2)

“Commercial industrial solid waste facility” means any industrial solid waste facility that accepts industrial solid waste for a charge, but does not include a municipal solid waste facility, a captured facility, or a facility that accepts waste only from other facilities owned or effectively controlled by the same person.

(3)

“Publicly owned treatment works” means any device or system used in the treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature that is owned by a state or by a municipality as defined by Section 502(4), Federal Water Pollution Control Act (33 U.S.C. Section 1362). The term includes a sewer, pipe, or other conveyance only if the sewer, pipe, or conveyance conveys wastewater to a publicly owned treatment works providing treatment.

(b)

A commercial industrial solid waste facility may not receive industrial solid waste for discharge into a publicly owned treatment works facility without first obtaining from the commission a permit under this chapter or a permit under Chapter 26 (Water Quality Control), Water Code.

(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.
Added by Acts 2005, 79th Leg., Ch. 362 (S.B. 1281), Sec. 1, eff. September 1, 2005.

Source: Section 361.0901 — Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­361.­htm#361.­0901 (accessed Nov. 25, 2023).

361.001
Short Title
361.002
Policy
361.003
Definitions
361.011
Commission’s Jurisdiction: Municipal Solid Waste
361.013
Solid Waste Disposal and Transportation Fees
361.014
Use of Solid Waste Fee Revenue
361.015
Jurisdiction: Radioactive Waste
361.016
Memorandum of Understanding by Commission
361.017
Commission’s Jurisdiction: Industrial Solid Waste and Hazardous Municipal Waste
361.018
Commission’s Jurisdiction over Hazardous Waste Components of Radioactive Waste
361.019
Approval of Industrial Solid Waste Management in Municipal Solid Waste Facility
361.022
Public Policy Concerning Municipal Solid Waste and Sludge
361.023
Public Policy Concerning Hazardous Waste
361.024
Rules and Standards
361.025
Exempt Activities
361.026
Assistance Provided by Commission
361.027
Licensure of Solid Waste Facility Supervisors
361.028
Industrial Solid and Hazardous Waste Materials Exchange
361.029
Collection and Disposal of Household Materials that Could Be Classified as Hazardous Waste
361.030
Federal Funds
361.031
Financial Assistance to Local Governments
361.032
Inspections
361.033
Inspections Required by Environmental Protection Agency
361.035
Records and Reports
361.036
Records and Manifests Required
361.037
Access to Hazardous Waste Records
361.039
Construction of Other Laws
361.040
Treatment of Steel Slag as Solid Waste
361.041
Treatment of Post-use Polymers and Recoverable Feedstocks as Solid Waste
361.061
Permits
361.062
Compatibility with County’s Plan
361.063
Preapplication Local Review Committee Process
361.064
Permit Application Form and Procedures
361.066
Submission of Administratively Complete Permit Application
361.067
Review of Permit Application by Other Governmental Entities
361.068
Administratively Complete Application
361.069
Determination of Land Use Compatibility
361.078
Maintenance of State Program Authorization Under Federal Law
361.079
Notice Concerning Receipt of Permit Application
361.080
Hearing Concerning Permit Application for Hazardous Industrial Solid Waste Facility
361.081
Notice of Hearing Concerning Application for a Solid Waste Facility
361.082
Application for Hazardous Waste Permit
361.083
Evidence of Notice of Hearing
361.084
Compliance Summaries
361.085
Financial Assurance and Disclosure by Permit Applicant
361.086
Separate Permit for Each Facility
361.087
Contents of Permit
361.088
Permit Issuance, Amendment, Extension and Renewal
361.089
Permit Denial or Amendment
361.090
Regulation and Permitting of Certain Industrial Solid Waste Disposal
361.091
Enclosed Containers or Vehicles
361.092
Registration for Extracting Materials from Certain Solid Waste Facilities
361.093
Regulation and Permitting of Rendering Plants
361.094
Permit Holder Exempt from Local License Requirements
361.095
Local Permits for Hazardous Waste Management and Municipal Solid Waste Facilities
361.096
Effect on Authority of Local Government or Other Political Subdivision
361.097
Condition on Issuance of Permit for Hazardous Waste Management Facility
361.099
Prohibition on Permit for Hazardous Waste Management Unit in Wetlands
361.100
Prohibition on Permit for Certain Hazardous Waste Management Units
361.101
Prohibition on Permit for Facility on Recharge Zone of Sole Source Aquifer
361.102
Prohibition on Permit for Hazardous Waste Management Facilities Within a Certain Distance of Residence, Church, School, Day Care Center, Park, or Public Drinking Water Supply
361.103
Other Areas Unsuitable for Hazardous Waste Management Facility
361.104
Prohibition on Permit for Facility in Unsuitable Area
361.105
Petition by Local Government for Rule on Hazardous Waste Facility in Unsuitable Area
361.106
Prohibition on Permit for Landfill if Alternative Exists
361.107
Hydrogeologic Report for Certain Hazardous Waste Facilities
361.108
Engineering Report for Hazardous Waste Landfill
361.109
Grant of Permit for Hazardous Waste Management Facility
361.110
Termination of Authorization or Permit
361.111
Commission Shall Exempt Certain Municipal Solid Waste Management Facilities
361.112
Storage, Transportation, and Disposal of Used or Scrap Tires
361.113
Permit Conditions for the Operation of Hazardous Waste Management Facilities
361.114
Prohibition of Disposal of Hazardous Waste into Certain Geological Formations
361.115
Certification of Landfill Capacity to Municipality
361.116
Disposal of Incidental Injection Well Waste
361.117
Disposal of Carcasses of Animals Killed on Roadways
361.118
Remedial Action Regarding Industrial Solid Waste Disposed of in Municipal Solid Waste Landfill Facility
361.119
Regulation of Certain Facilities as Solid Waste Facilities
361.120
Notice of Hearing and Requirements for Reopening of Closed or Inactive Landfills
361.121
Land Application of Certain Sludge
361.122
Denial of Certain Landfill Permits
361.123
Limitation on Location of Municipal Solid Waste Landfills
361.124
Allowed Wastes and Exemptions for Certain Small Municipal Solid Waste Landfills in Arid Areas
361.126
Disposal of Demolition Waste from Abandoned or Nuisance Building
361.131
Definitions
361.132
Hazardous and Solid Waste Fees
361.133
Hazardous and Solid Waste Remediation Fee Account
361.134
Industrial Solid Waste and Hazardous Waste Generation Fee
361.0135
Composting Refund
361.135
Industrial Solid Waste and Hazardous Waste Facility Fee
361.136
Industrial Solid Waste and Hazardous Waste Management Fee
361.137
Permit Application Fee
361.138
Fee on the Sale of Batteries
361.139
Factors to Be Considered in Setting Fees
361.140
Interest and Penalties
361.0145
Response to or Remediation of Fire or Emergency
361.0151
Recycling
361.151
Relationship of County Authority to State Authority
361.0152
Stimulate Use of Recyclable Material
361.152
Limitation on County Powers Concerning Industrial Solid Waste
361.153
County Solid Waste Plans and Programs
361.154
County Licensing Authority
361.155
County Notification of License Application to Commission
361.156
Separate License for Each Facility
361.157
Contents of License
361.158
License Fee
361.159
License Issuance
361.160
License Amendment
361.161
Permit from Commission Not Required
361.162
Designation of Areas Suitable for Facilities
361.163
Cooperative Agreements with Local Governments
361.165
Political Subdivisions with Jurisdiction in Two or More Counties
361.166
Municipal Restrictions
361.167
Operation of Facility by Political Subdivision
361.181
State Registry: Annual Publication
361.182
Investigations
361.183
Registry Listing Procedure: Determination of Eligibility
361.184
Registry Listing Procedure: Notices and Hearing
361.186
Facility Eligible for Listing: Activities and Change of Use
361.187
Proposed Remedial Action
361.188
Final Administrative Order
361.189
Deletions from Registry
361.190
Change in Use of Listed Facility
361.191
Immediate Removal
361.192
Remedial Action by Commission
361.193
Goal of Remedial Action
361.194
Lien
361.195
Payments from Hazardous and Solid Waste Remediation Fee Account
361.196
Remediation: Permits Not Required
361.197
Cost Recovery
361.199
Mixed Funding Program
361.200
Settlement
361.201
Financial Capability and Funding Priority
361.0202
Development of Education Programs
361.202
Deadline Extensions
361.0215
Pollution Prevention Advisory Committee
361.0216
Office of Pollution Prevention
361.0219
Office of Waste Exchange
361.0231
Public Policy Concerning Adequate Capacity for Industrial and Hazardous Waste
361.0235
Hazardous Waste Generated in Foreign Country
361.271
Persons Responsible for Solid Waste
361.272
Administrative Orders Concerning Imminent and Substantial Endangerment
361.273
Injunction as Alternative to Administrative Order
361.274
No Prior Notice Concerning Administrative Order
361.275
Defenses
361.276
Apportionment of Liability
361.277
Effect of Settlement Agreement with State
361.278
Liability of Engineer or Contractor
361.279
Contracts with State
361.301
Emergency Order
361.321
Appeals
361.323
Joinder of Parties in Action Filed by State
361.341
Cost Recovery by State
361.342
Cost Recovery by Appealing or Contesting Party
361.343
Apportionment of Costs
361.344
Cost Recovery by Liable Party or Third Party
361.345
Creation of Rights
361.401
Definitions
361.402
Commission Duties and Powers
361.403
Terms and Conditions of Agreements
361.404
Cooperation with Federal Government
361.405
Indemnification of Engineer or Contractor
361.421
Definitions
361.422
State Source Reduction and Recycling Goal
361.423
Recycling Market Development Implementation Program
361.425
Governmental Entity Recycling
361.426
Governmental Entity Preference for Recycled Products
361.427
Specifications for Recycled Products
361.428
Composting Program
361.429
Household Hazardous Waste
361.430
Newsprint Recycling Program
361.431
Prioritization of New Technology
361.451
Land Disposal Prohibited
361.452
Collection for Recycling
361.453
Inspection of Battery Retailers
361.454
Lead-acid Battery Wholesalers
361.501
Definitions
361.502
Policy and Goals for Source Reduction and Waste Minimization
361.503
Commission Plans
361.504
Application
361.505
Source Reduction and Waste Minimization Plans
361.506
Source Reduction and Waste Minimization Annual Report
361.507
Administrative Completeness
361.508
Confidentiality
361.509
Source Reduction and Waste Minimization Assistance
361.531
Definitions
361.532
Permit Required for Development of Certain Land
361.533
Application for Development Permit
361.534
Permit Public Meeting
361.535
Issuance of Permit
361.536
Requirements for Structures on Closed Municipal Solid Waste Landfill Facility
361.537
Lease Restriction
361.538
Soil Test Required Before Development of Certain Land
361.539
Notice to Buyers, Lessees, and Occupants
361.561
Radioactive Medical Waste
361.601
Definitions
361.602
Purpose
361.603
Eligibility for Voluntary Cleanup Program
361.604
Application to Participate in Voluntary Cleanup Program
361.605
Rejection of Application
361.606
Voluntary Cleanup Agreement
361.607
Termination of Agreement
361.608
Voluntary Cleanup Work Plans and Reports
361.609
Certificate of Completion
361.610
Persons Released from Liability
361.611
Permit Not Required
361.612
Public Participation
361.613
Cost Report
361.0635
Preapplication Meeting
361.0641
Notice to State Senator and Representative
361.651
Definitions
361.652
Liability of Fiduciaries
361.0665
Notice of Intent to Obtain Municipal Solid Waste Permit
361.0666
Public Meeting and Notice for Solid Waste Facilities
361.0675
Application Fee for Permit for Municipal Solid Waste Facility
361.701
Definitions
361.702
Exclusion of Lenders Not Participants in Management
361.703
Participation in Management
361.751
Definitions
361.752
Immunity from Liability
361.753
Certification
361.754
Rights of Innocent Owner or Operator Regarding Contamination from Source Not Located on or at Property
361.0791
Public Meeting and Notice Requirement
361.801
Definitions
361.802
Purpose
361.803
Eligibility for a Municipal Setting Designation
361.804
Application for a Municipal Setting Designation
361.805
Notice
361.806
Denial of Application
361.807
Certification
361.808
Investigation and Response Action Requirements
361.0831
Ex Parte Contacts Prohibited
361.0832
Proposal for Decision
361.0833
Costs for Information Provided by a Person Affected Regarding Hazardous Waste Permit
361.0855
Demonstration of Financial Assurance
361.0861
Separate Recycling or Recovery Permit Not Required
361.0871
Evaluation of Waste Stream
361.0885
Denial of Application
361.0895
Facilities Required to Obtain Federal Approval
361.0901
Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities
361.901
Definitions
361.902
County Brownfield Cleanup and Economic Redevelopment Program
361.903
Brownfield Cleanup and Economic Redevelopment Fund
361.904
Environmental Assessment
361.0905
Regulation of Medical Waste
361.905
Tax Abatement Agreement Incentives
361.906
Contracts for Site Remediation or Inspection
361.907
Grants and Loans
361.908
Liaison to Environmental Protection Agency
361.909
Liaison to Commission
361.910
Limitations on Liability
361.911
Failure to Pass Inspection
361.912
Commission Assistance
361.951
Short Title
361.952
Definitions
361.953
Legislative Findings and Purpose
361.954
Applicability
361.955
Manufacturer Responsibilities
361.956
Retailer Responsibility
361.957
Liability
361.958
Commission’s Education Responsibilities
361.959
Enforcement
361.960
Financial and Proprietary Information
361.0961
Restrictions on Authority of Local Government or Other Political Subdivision
361.961
Annual Report to Legislature
361.962
Fees Not Authorized
361.963
Consumer Responsibilities
361.964
Sound Environmental Management
361.965
State Procurement Requirements
361.966
Federal Preemption
361.971
Definitions
361.972
Legislative Findings and Purpose
361.973
Applicability
361.974
Sales Prohibition
361.975
Manufacturer’s Labeling Requirement
361.976
Manufacturers’ Registration and Reporting
361.977
Television Recycling Account
361.978
Manufacturer’s Recovery Plan and Related Responsibilities
361.979
Manufacturer Recycling Leadership Program
361.980
Recycling Leadership Program Collection Report
361.981
Retailer Responsibility
361.982
Recycler Responsibilities
361.983
Liability
361.984
Commission Responsibilities
361.985
Enforcement
361.986
Financial and Proprietary Information
361.987
Biennial Report to Legislature
361.988
Fees
361.989
Consumer Responsibilities
361.990
Management of Collected Television Equipment
361.991
State Procurement Requirements
361.992
Federal Preemption
361.1011
Prohibition on Permit for Facility Affected by Fault
361.1125
Immediate Remediation or Removal of Hazardous Substance at Scrap Tire Site
361.1191
Regulation of Certain Recycling Facilities in Certain Counties
361.1215
Permissive Land Application of Dairy Waste
361.1231
Limitation on Expansion of Certain Landfills
361.1855
Proposal of Land Use Other than Residential
361.1875
Exclusion of Certain Potentially Responsible Parties
361.2755
Scrap Metal Recycling Transactions
361.4215
Mass Balance Attribution
361.5061
Planning and Reporting Requirements: Institutions of Higher Education
361.6035
Eligibility of Certain Persons for Release from Liability
361.8015
Legislative Findings
361.8065
Precertification Requirements

Accessed:
Nov. 25, 2023

§ 361.0901’s source at texas​.gov