Tex.
Nat. Resources Code Section 134.171
Request for Temporary Relief
(a)
Before the investigation and hearing required by Section 134.169 (Investigation and Hearing on Application for Review) are completed, the applicant may file with the commission a written request that the commission grant temporary relief from a notice or order issued under Section 134.161 (Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm) or 134.162 (Violation Not Creating Imminent Danger or Causing Imminent Harm), together with a detailed statement giving reasons for granting the relief.(b)
The commission shall promptly issue an order or decision granting or denying the relief. If the applicant requests relief from a cessation order issued under Section 134.161 (Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm) or 134.162 (Violation Not Creating Imminent Danger or Causing Imminent Harm), the order or decision on the request shall be issued not later than the fifth day after the date the request is received.(c)
The commission may grant the relief, under conditions prescribed by the commission, if:(1)
a hearing has been held:(A)
in the locality of the permit area on the request for temporary relief; and(B)
in which all parties have had an opportunity to be heard;(2)
the applicant shows that there is a substantial likelihood that the findings of the commission will favor the applicant; and(3)
the relief will not:(A)
adversely affect the health or safety of the public; or(B)
cause significant, imminent environmental harm to land, air, or water resources.
Source:
Section 134.171 — Request for Temporary Relief, https://statutes.capitol.texas.gov/Docs/NR/htm/NR.134.htm#134.171 (accessed Jun. 5, 2024).
