Texas Administrative Code

The commission shall set aside a proposed or issued order if it is not shown, in accordance with § 35.807 of this title (relating to Affirmation of an Emergency Order) or § 35.808 of this title (relating to Modification of an Emergency Order), that the order should be either affi…

The commission shall modify a proposed or issued order if the hearing record shows that: (1) construction and emissions otherwise precluded under the Texas Clean Air Act are essential to prevent loss of life, serious injury, severe property damage, loss of a critical transportati…

The commission shall affirm a proposed or issued order if the applicant shows at the hearing, by a preponderance of the evidence, that: (1) the proposed construction and emissions are essential to prevent loss of life, serious injury, severe property damage, loss of a critical tr…

The owner or operator of a facility for which an emergency order has been issued under this subchapter shall submit an application within 60 days of issuance of the order under Texas Water Code, § 5.515 ; TCAA, §382.0518; and Chapter 116, Subchapter B of this title (relating to N…

In addition to the requirements of § 35.26 of this title (relating to Contents of Emergency or Temporary Order), an emergency order issued under this subchapter shall contain at least the following: (1) a description of the emergency construction and emissions to be authorized; (…

The commission or executive director may issue an order under this subchapter if it is found that: (1) the proposed construction and emissions are essential to prevent loss of life, serious injury, severe property damage, loss of a critical transportation thoroughfare, or severe …

The commission or executive director shall publish notice of the issuance of an emergency order in the Texas Register as soon as practicable after issuance of the order. If the order is issued prior to a hearing, the order shall fix a time and location for a hearing which is to b…

The owner or operator of a facility, as that term is defined in Texas Health and Safety Code, § 382.003 , desiring to obtain an order under this subchapter shall submit an application in accordance with § 35.24 of this title (relating to Application for Emergency or Temporary Ord…

The commission or executive director may issue emergency orders under Texas Water Code, § 5.515 , to authorize immediate action for the addition, replacement, or repair of facilities or control equipment, or the repair or replacement of roads, bridges, or other infrastructure, an…

The commission or the executive director may issue an emergency administrative order under Health and Safety Code, § 361.272 , in the manner provided by this chapter. Notes 30 Tex. Admin. Code § 35.701 The provisions of this §35.701 adopted to be effective December 10, 1998, 23 T…

(a) The commission or executive director may issue orders under Texas Water Code, § 5.510 , to the owner or operator of an underground storage tank (UST) regulated under Texas Water Code, Chapter 26, and Chapter 334 of this title (relating to Underground and Aboveground Storage T…

(a) In the event of an emergency, the commission or the executive director shall have the authority to impound or order the impoundment of radioactive material possessed by any person not equipped to observe or failing to observe the provisions of the Texas Radiation Control Act …

(a) When an emergency exists as a result of a matter under the commission's jurisdiction that requires immediate action to protect the public health or safety or the environment, the commission or executive director may issue an emergency order under Texas Water Code, § 5.516 , a…

(a) Whenever there is good reason to believe that the storage, processing, or disposal of hazardous waste should be authorized to alleviate an imminent and substantial endangerment to human health or safety or the environment; and if there are no alternative, permitted facilities…

(a) The commission or executive director may issue a mandatory or prohibitory emergency order under Texas Water Code, § 5.512 , regarding any activity of solid waste management within its jurisdiction, if it determines that an emergency exists requiring immediate action to protec…

(a) The commission or executive director may issue emergency orders, and the commission may issue temporary orders, under this subchapter only if it is found that: (1) the order is necessary to enable action to be taken more expeditiously than is otherwise provided by Texas Water…

(a) A person desiring to obtain an order to discharge waste into the waters in the state under this subchapter shall submit an application in accordance with § 35.24 of this title (relating to Application for Emergency or Temporary Order). The application must contain the informa…

The commission may issue temporary orders, and the commission or executive director may issue emergency orders, relating to the discharge of waste or pollutants into or adjacent to any water in the state under Texas Water Code, § 5.509 when necessary to enable action to be taken …

The application fee for an emergency or temporary order under this chapter is $500 plus the actual cost of the required notice. The fee is payable at the time the application is filed, and is not refundable. Notes 30 Tex. Admin. Code § 35.30 The provisions of this §35.30 adopted …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Emergency order--An order which must be issued immediately, in order to protect human health or safety or the environment, or for other…

(a) Hearings before the commission under this chapter shall be conducted in accordance with Chapter 10 of this title (relating to Commission Meetings). Contested case hearings shall be conducted under the Texas Administrative Procedure Act (APA) and Chapter 80 of this title (rela…

(a) The executive director, the applicant, or an affected person as defined by Texas Water Code, § 5.115(a) may request a contested case hearing. (b) The commission is not required to hold a hearing if it determines that the basis of a person's request for a hearing as an affecte…

A hearing shall be held before the issuance of each temporary order and either before or after the issuance of each emergency order. If no hearing is held before the issuance of an emergency order, a hearing to affirm, modify, or set aside the order shall be held before the commi…

An emergency or temporary order issued under this chapter shall contain at least the following: (1) the name and address of the applicant and information sufficient to identify the facility or location affected by the order; (2) a description of the condition of emergency or othe…

An emergency or temporary order issued under this chapter does not vest any rights in the permit holder or recipient and expires in accordance with its terms. Notes 30 Tex. Admin. Code § 35.23 The provisions of this §35.23 adopted to be effective December 10, 1998, 23 TexReg 1241…

Unless otherwise provided by this chapter, an emergency order issued under this chapter is limited to a reasonable time specified by the order, which may not exceed 180 days and may be renewed once for an additional period not to exceed 180 days by submittal of a new application.…

For the purposes of, and in the manner provided by this chapter, the commission may issue a temporary order; and the commission or the executive director may issue an emergency, mandatory, permissive, or prohibitory order; and the commission by temporary order, or the executive d…

(a) The commission or executive director may compel a retail public utility that has obtained a certificate of public convenience and necessity to provide water or sewer service, or both, that complies with all statutory and regulatory requirements of the commission if necessary …

(a) The commission or executive director may appoint a person by emergency order under Texas Water Code, § 5.507 and § 13.4132 , to temporarily manage and operate a utility that has discontinued or abandoned operations, or which is being referred to the attorney general for the a…

This chapter applies to any application under Texas Water Code, Chapter 5, Subchapter L, to issue temporary or emergency mandatory, permissive, or prohibitory orders. Notes 30 Tex. Admin. Code § 35.2 The provisions of this §35.2 adopted to be effective December 10, 1998, 23 TexRe…

Upon assumption of national pollutant discharge elimination system permit authority, the executive director, or the executive director's representative or representatives, may act under this chapter on Texas pollutant discharge elimination system (TPDES) permits or other TPDES-re…

(a) The executive director may receive applications and issue emergency orders under this chapter. If an emergency order is issued without notice and a hearing, notice shall be issued and a hearing by the commission to affirm, modify, or set aside shall be set. If a hearing reque…

(a) Commissioned security officers and personal protection officers may only carry firearms of a category recognized in subsection (b) of this section, and only if: (1) The commissioned security officers and personal protection officers have been formally trained in the use of th…

(a) Herd eligibility for payment of indemnity funds: (1) the entire herd (all cattle under common ownership or management) must have been tested; and (2) an indemnity agreement must be signed and approved for payment by the executive director and USDA, APHIS, VS veterinarian-in-c…

(a) Testing of blood and semen. (1) All tests shall be made by approved personnel only as the basis for compliance with these regulations. (2) All tests must be confirmed by a state-federal laboratory as the basis for compliance with these regulations. Non-quarantined cattle may …

(a) Complete and sign herd plan agreement with the Texas Animal Health Commission and the United States Department of Agriculture, Animal and Plant Health Inspection Service and Veterinary Services. (b) Testing will be on a herd basis including all offspring that are of an age to…

(a) Requirements for cattle from foreign countries without comparable brucellosis status that enter and remain in Texas. (Note: Cattle from foreign countries with comparable brucellosis status would enter by meeting the requirements for a state with similar status.) (1) Permit re…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Adjacent herd--A herd of swine that occupies a premise that borders a herd known to be affected. (This includes herds separated by road…

(a) Tests on blood serum. (1) Standard card test (SCT). Card test results are used to classify swine as positive or negative. All swine positive to the SCT should be subjected to confirmatory testing. (2) Confirmatory test procedures. The Particle Concentration Fluorescence Immun…

(a) Collection of samples. Only veterinarians who are accredited by the United States Department of Agriculture, or their employees, or regularly employed representatives of the Texas Animal Health Commission or the United States Department of Agriculture are authorized to collec…

(a) Reactors. Reactor swine shall be identified with a red serially numbered reactor tag in the left ear and be sold to slaughter under state or federal permit (VS 1-27) within 15 days of the date they are identified as reactors. (Reactor herds under Plan 2, Chapter 35.47, may ha…

(a) Infected herds. All swine in infected herds must be confined to the premises under quarantine until the herd has been freed of brucellosis or sold for slaughter under permit. Three negative infected herd retests are required for release of quarantine, with the first retest oc…

If infection is disclosed in swine herds, one of the following plans or one similar shall be selected for eradicating the disease. If the herd owner fails to agree to a plan to eradicate brucellosis from the herd, a plan shall be developed by the veterinarian representing the com…

If ordered by the commission or its representative, the owner or caretaker of swine shall submit the swine and furnish labor and facilities used in normal operation in order that the swine may be tested, vaccinated, or otherwise handled in accordance with these rules. Notes 4 Tex…

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1) Adjacent herd--A herd of livestock that occupies a premise that lies within one mile of an affected herd. (2) Affected herd--A herd in …

(a) Testing of blood. (1) All tests shall be made by approved personnel only as the basis for compliance with these regulations. (2) All tests must be confirmed by an approved laboratory as the basis for compliance with these regulations. (3) Samples for all retest purposes will …

(a) A certified brucellosis free goat agreement must be completed and signed with the Texas Animal Health Commission. (b) Brucellosis testing will be on a herd basis. Certified free herd status is for a 12-month period. (c) Goats required to be tested--all sexually intact goats a…