Title WA, Water Code

Sec. 31.005. INFORMATION REQUIRED OF APPLICANT. An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission. Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.

Sec. 31.006. CONTENTS OF PERMIT APPLICATION. (a) The executive director shall set the requirements for the permit application after determining the local conditions and potential or probable effect of the subsurface excavations on water in the state. (b) The permit application mu…

Sec. 31.007. APPLICATION FEE. With each application for a permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the commission for processing the application. The fee may not be less than $1,000. Added by Acts 1989, 71st Leg…

Sec. 31.008. HEARING ON PERMIT APPLICATION. (a) The commission may hold an adjudicatory hearing on the application. (b) The commission by rule shall provide for giving notice of a public hearing on a permit application. The rules for notice must include provisions for giving noti…

Sec. 31.009. DELEGATION OF HEARING POWERS. (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. (b) The commission may also authorize…

Sec. 31.010. RULES. (a) The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter. (b) Rules adopted under this section shall be published as proposed rules, as prescribed by Chapter 2001, Go…

Sec. 31.011. PENDING LITIGATION. The commission may refuse to accept a permit application or hold a permit application hearing if any aspect of the siting, construction, use, or decommissioning of the subsurface excavation is the subject of litigation. Added by Acts 1989, 71st Le…

Sec. 31.012. ISSUANCE OF PERMIT. (a) The commission may grant an application in whole or part and may issue the permit if it finds that: (1) the construction or use of the subsurface excavation is in the public interest and that after consideration of all alternative sites there …

Sec. 31.013. PERFORMANCE STANDARDS. (a) The commission shall adopt rules and performance standards to govern the granting of permits under this chapter and may impose additional requirements it considers necessary. (b) A permit issued under this chapter must require that the subs…

Sec. 31.014. ADDITIONAL PERMIT CONSIDERATIONS. When determining the terms and conditions of the permit, the commission shall consider: (1) known and expected geological and hydrological conditions and relationships; (2) present and future economic development in the area; and (3)…

Sec. 31.015. ENVIRONMENTAL REPORT. If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the subsurface excavation construction, operation, closure, or decommissioning is requi…

Sec. 31.016. POWER TO ENTER PROPERTY. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at any time to inspect and investigate conditions relating to subsurface excavatio…

Sec. 31.017. POWER TO EXAMINE RECORDS. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or memoranda of a permittee or his contractors they are investigating or monitoring…

Sec. 31.018. FINANCIAL RESPONSIBILITY. (a) The commission may require in a permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to determine compliance with a rule, permit, or other order of the commission. (b) …