Title HS, Health and Safety Code

Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner or operator of a registered do-it-yourselfer used oil collection center or used oil collection center may apply for reimbursement from the commission. (b) An application for reimbursement shall be submitted on a form appro…

Sec. 371.025. LIMITATION OF LIABILITY. (a) A person may not recover from the owner, operator, or lessor of a registered do-it-yourselfer used oil collection center or used oil collection center any damages or costs of response actions at another location resulting from a release …

Sec. 371.026. REGISTRATION AND REPORTING REQUIREMENTS OF USED OIL HANDLERS OTHER THAN GENERATORS. (a) The commission shall adopt rules governing registration and reporting of used oil handlers other than generators. The rules shall require that: (1) a used oil handler other than …

Sec. 371.027. GIFTS AND GRANTS. The commission may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its powers and duties under this chapter. Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, …

Sec. 371.028. RULES. Not later than January 1, 1996, the commission shall adopt rules, standards, and procedures necessary to implement the used oil recycling program established by this chapter. Unless otherwise required by federal or state law, the rules, standards, and procedu…

Sec. 371.041. ACTIONS PROHIBITED. A person may not collect, transport, store, recycle, use, discharge, or dispose of used oil in any manner that endangers the public health or welfare or endangers or damages the environment. Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Ap…

Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE. (a) The following amounts shall be deposited to the water resource management account: (1) fees collected under Sections 371.024, 371.026, and 371.062; (2) interest and penalties imposed under this chapter for late payment of fee…

Sec. 371.062. FEE ON SALE OF AUTOMOTIVE OIL. (a) In this section: (1) "Distributor" means a person who maintains a distribution center or warehouse in this state and annually sells more than 25,000 gallons of automotive oil. (2) "First sale" means the first actual sale of automot…

Sec. 371.101. DEFINITIONS. In this subchapter: (1) "Bill of lading" means a shipping document that confirms the receipt of a shipment. (2) "Bulk filter container" means a portable device that: (A) is part of an integrated delivery and retrieval system; and (B) has a capacity grea…

Sec. 371.102. APPLICABILITY. (a) This subchapter applies to a used oil filter only if the filter has not been: (1) separated into its component parts; or (2) burned for: (A) steel recovery; or (B) energy recovery. (b) This subchapter does not apply to: (1) an industrial generator…

Sec. 371.103. GENERAL REQUIREMENTS. (a) A person may not store, process, or dispose of a used oil filter in a manner that results in the discharge of oil into soil or water. (b) A person may not knowingly place on land a used oil filter that contains oil unless the used oil filte…

Sec. 371.104. REGISTRATION AND REPORTING. (a) A transporter, storage facility, or processor may not store, process, recycle, or dispose of used oil filters unless the person is registered with the commission. (b) Unless the person is registered with the commission as a storage fa…

Sec. 371.105. SHIPMENT RECORDS. (a) Each shipment of used oil filters must be accompanied by a bill of lading that conforms to commission rules. (b) In accordance with commission rules, a copy of the bill of lading for each shipment of used oil filters must be maintained by the g…

Sec. 371.106. LIMITATIONS ON STORAGE. (a) A storage facility may not store a used oil filter for more than 120 days. (b) A transporter may not store a used oil filter for more than 10 days. (c) A processor may not store a used oil filter for more than 30 days before it is process…

Sec. 371.107. VARIANCES. (a) The commission may grant an individual variance to allow: (1) a generator to store used oil filters in a greater aggregate volume than the volume prescribed by Section 371.104(b); or (2) a person to store used oil filters for a period longer than the …

Sec. 371.108. SPILL PREVENTION AND CONTROL. Each registered storage facility and each facility of a registered processor shall develop a plan to prevent spills and respond to spills in accordance with the federal spill prevention, control, and countermeasure requirements provided…

Sec. 371.109. FINANCIAL RESPONSIBILITY. The commission shall adopt rules requiring a person required to register under Section 371.104 to demonstrate adequate financial responsibility. Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.

Sec. 371.110. CIVIL AND ADMINISTRATIVE PENALTIES. (a) Notwithstanding Sections 7.052 and 7.102, Water Code, a person that violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty of not less than $100 or more than $500 for each violation and …

Sec. 372.001. DEFINITIONS. In this chapter: (1) "Commercial prerinse spray valve" means a handheld device that is designed and marketed for use with commercial dishwashing and ware washing equipment and that is used to spray water on dishes, flatware, and other food service items…

Sec. 372.002. WATER SAVING PERFORMANCE STANDARDS. (a) A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture for use in this state unless: (1) the plumbing fixture meets the water saving performance standards provided by Subsection (b); an…

Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY. The governing body of a municipality or county by ordinance or order may allow the sale in the municipality or county of a urinal or toilet that does not comply with Section 372.002(b)(4) or (6), respectively, if the gov…

Sec. 372.003. LABELING REQUIREMENTS. (a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009. (c) The commission by rule shall prohibit the sale, offering for sale, …

Sec. 372.0035. LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE FITTING. (a) A person may not sell or offer for sale a plumbing fixture, pipe, or pipe fitting that contains more than eight percent lead for installing or repairing: (1) a public drinking water system; or (2) plumbing that…

Sec. 372.005. COMMERCIAL PRERINSE SPRAY VALVE PERFORMANCE STANDARDS. (a) A person may not sell, offer for sale, distribute, lease, or import into this state a commercial prerinse spray valve for use in this state unless the prerinse spray valve: (1) has a flow rate of 1.6 gallons…

Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS. (a) A person may not sell, offer for sale, or distribute in this state a nonwater-supplied urinal for use in this state unless the nonwater-supplied urinal: (1) meets the performance, testing, and labeling requirements…

Sec. 373.001. XERISCAPE ASSISTANCE PROGRAM. (a) The board on request shall assist counties and municipalities by providing a model xeriscape code and other technical assistance. (b) The board shall work with counties and municipalities to promote, through educational programs and…

Sec. 374.001. DEFINITIONS. In this chapter: (1) Repealed by Acts 2005, 79th Leg., Ch. 1110, Sec. 19, eff. September 1, 2005. (2) "Chlorinated dry cleaning solvent" means any dry cleaning solvent that contains a compound that has a molecular structure containing the element chlori…

Sec. 374.002. APPLICABILITY OF OTHER LAW. To the extent that this chapter is inconsistent or in conflict with Chapter 361 or other general law, this chapter prevails. Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.

Sec. 374.003. APPLICABILITY TO GOVERNMENTAL BODIES. This chapter does not apply to: (1) a governmental entity, including a governmental agency or prison; or (2) a political subdivision of this state, including a municipality or a conservation and reclamation district created unde…

Sec. 374.004. ADVISORY COMMITTEE. (a) The executive director shall appoint an advisory committee composed of: (1) three representatives of the dry cleaning industry who shall provide professional and practical expertise to the commission; (2) one public representative of urban ar…

Sec. 374.051. COMMISSION RULES AND STANDARDS. (a) The commission, with the assistance of the advisory committee, shall adopt rules necessary to administer and enforce this chapter. Rules adopted under this section must be reasonably necessary: (1) to preserve, protect, and mainta…

Sec. 374.052. FACILITY RETROFITTING. (a) The commission by rule shall require dry cleaning facilities operating on or before January 1, 2004, to implement the performance standards adopted under Section 374.053 not later than January 1, 2006. (b) The commission by rule shall requ…

Sec. 374.053. PERFORMANCE STANDARDS FOR NEW DRY CLEANING FACILITIES. (a) The commission by rule shall adopt performance standards for a new dry cleaning facility. (b) Rules adopted under this section must allow for the use of new technologies as they become available. (c) Rules a…

Sec. 374.054. COMPLETION CRITERIA. (a) In determining whether a corrective action is complete, the commission shall consider the factors listed under Section 374.051(b)(3) and: (1) individual site characteristics, including natural remediation processes; (2) state water quality s…

Sec. 374.055. CRITERIA FOR ADMINISTRATION OF CHAPTER. (a) The commission shall administer this chapter in accordance with this section. (b) To the maximum extent possible, the commission shall deal with contamination from dry cleaning facilities by using money in the fund. (c) Th…

Sec. 374.056. REPORT TO GOVERNOR AND LEGISLATURE. On or before December 1 of each even-numbered year, the executive director shall submit to the governor, lieutenant governor, speaker of the house of representatives, and members of the appropriate standing committees of the senat…

Sec. 374.101. DRY CLEANING FACILITY RELEASE FUND. (a) The dry cleaning facility release fund is an account in the general revenue fund. (b) The fund consists of money from: (1) proceeds from the charges and fees imposed by this chapter; (2) interest attributable to investment of …

Sec. 374.102. DRY CLEANING FACILITY OR DROP STATION REGISTRATION; FEE; POSTING. (a) Each owner of an operating dry cleaning facility or dry cleaning drop station shall register with the commission on a form provided by the commission. (b) An annual registration fee, the total amo…

Sec. 374.1022. REGISTRATION OF PROPERTY OWNER OR PRECEDING PROPERTY OWNER. (a) The following persons may participate in the fund benefits by registering as provided by this section: (1) a person who owns real property on which a dry cleaning facility or drop station is or was loc…

Sec. 374.1023. LIEN. (a) In addition to other remedies available under other law, a lien is imposed against the real property that is subject to a corrective action taken under this chapter if the person does not pay a registration fee under Section 374.1022 that is due while the…

Sec. 374.103. FEE ON PURCHASE OF DRY CLEANING SOLVENT; DISPOSITION OF PROCEEDS. (a) Except as provided by Subsection (b) and Section 374.104(d), a fee of $20 per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene and $3 per gallon on the purchase of a…

Sec. 374.104. OPTION NOT TO PARTICIPATE IN FUND BENEFITS. (a) The owner of a dry cleaning facility or drop station may file with the commission an option for the facility or drop station not to participate in fund benefits. Text of subsection as amended by Acts 2005, 79th Leg., R…

Sec. 374.151. RESPONSE TO RELEASE. (a) A person may not knowingly allow a release. (b) A person who knows of a release of more than one quart of a chlorinated dry cleaning solvent or of more than one gallon of a non-chlorinated dry cleaning solvent shall: (1) immediately contain …

Sec. 374.152. INVESTIGATION AND ASSESSMENT OF RELEASE; EMERGENCY ACTION. (a) If a release or a potential release poses a threat to human health or to the environment, the commission shall: (1) investigate and assess the extent of the resulting contamination; and (2) take necessar…

Sec. 374.153. CORRECTIVE ACTION. (a) Subject to Subchapter E, the commission shall take corrective action for a release from a dry cleaning facility that results in contamination, including contamination that may have moved off the dry cleaning facility. (b) Corrective action inc…

Sec. 374.1535. SITE RESTRICTIONS AFTER CORRECTIVE ACTION. (a) If the commission has completed corrective action at a dry cleaning site, perchloroethylene may not be used at that site. (b) If the owner of a dry cleaning site uses perchloroethylene at the site after the completion …