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Chapter 5

Texas Commission on Environmental Quality

Subchapter A. General Provisions

5.001 Definitions 5.002 Scope of Chapter

Subchapter B. Texas Commission on Environmental Quality

5.011 Purpose of Chapter 5.012 Declaration of Policy 5.013 General Jurisdiction of Commission 5.014 Sunset Provision 5.015 Construction of Title

Subchapter C. Organization of Commission

5.051 Commission 5.052 Members of the Commission; Appointment 5.053 Eligibility for Membership 5.0535 Required Training Program for Commission Members 5.054 Removal of Commission Members 5.055 Officers of State; Oath 5.056 Terms of Office 5.057 Full-Time Service 5.058 Officers; Meetings 5.059 Conflict of Interest 5.060 Lobbyist Prohibition 5.061 Prohibition on Accepting Campaign Contributions

Subchapter D. General Powers and Duties of Commission

5.101 Scope of Subchapter 5.102 General Powers 5.103 Rules 5.1031 Negotiated Rulemaking and Alternative Dispute Resolution 5.1035 Rules Regarding Drinking-Water Standards 5.104 Memoranda of Understanding 5.105 General Policy 5.106 Budget Approval 5.107 Advisory Committees, Work Groups, and Task Forces 5.108 Executive Director 5.109 Chief Clerk 5.110 General Counsel 5.111 Standards of Conduct 5.112 Public Testimony Policy 5.113 Commission and Staff Responsibility Policy 5.114 Applications and Other Documents 5.115 Persons Affected in Commission Hearings; Notice of Application 5.116 Hearings; Recess 5.117 Mandatory Enforcement Hearing 5.1175 Payment of Penalty by Installment 5.118 Power to Administer Oaths 5.119 Commission to Be Knowledgeable 5.1191 Research Model 5.1192 Coordination of Research 5.1193 Report 5.120 Conservation and Quality of Environment 5.121 Public Information 5.122 Delegation of Uncontested Matters to Executive Director 5.124 Authority to Award Grants 5.125 Cost-Sharing for Environmental Compliance Assessments by Certain Businesses 5.126 Report on Enforcement Actions 5.127 Environmental Management Systems 5.128 Electronic Reporting to Commission; Electronic Transmission of Information by Commission; Reduction of Duplicate Reporting 5.129 Summary of and Information Provided by Public Notices 5.130 Consideration of Cumulative Risks 5.132 Creation of Performance Measures for Innovative Regulatory Programs 5.133 Actions in Mexico 5.134 Use of Environmental Testing Laboratory Data and Analysis 5.135 Small Business Compliance Assistance Program 5.136 Community Outreach

Subchapter E. Administrative Provisions for Commission

5.171 Audit 5.172 Funds from Other State Agencies 5.173 Public Information Relating to Commission 5.1733 Electronic Posting of Information 5.1734 Electronic Posting of Permit Applications 5.174 Copies of Documents, Proceedings, Etc 5.175 Inspection of Water Pollution Records 5.176 Complaint File 5.1765 Publication of Information Regarding Complaint Procedures and Policies 5.177 Notice of Complaint Procedures; Notice of Investigation Status 5.1771 Coordination of Complaint Investigations with Local Enforcement Officials: Training 5.1772 After-Hours Response to Complaints 5.1773 Complaint Assessment 5.178 Biennial Reports 5.1781 Application Requirement for Colonias Projects 5.179 Seal

Subchapter F. Executive Director

5.221 General Responsibilities of the Executive Director 5.222 Delegation of Executive Director's Authority or Duty 5.223 Administrative Organization of Commission 5.224 Information Request to Board 5.225 Career Ladder Program 5.226 Merit Pay 5.227 Equal Employment Opportunity Policy 5.228 Appearances at Hearings 5.229 Contracts 5.2291 Scientific and Technical Services 5.2292 Contracts for Services under Petroleum Storage Tank State-Lead Program 5.230 Enforcement 5.231 Travel Expenses 5.232 Employee Moving Expenses 5.233 Gifts and Grants 5.234 Applications and Other Documents 5.236 Groundwater Contamination Reports 5.237 Operating Fund 5.238 Administrative Account 5.239 Public Education and Assistance

Subchapter G. Office of Public Interest Counsel

5.271 Creation and General Responsibility of the Office of Public Interest Counsel 5.272 Public Interest Counsel 5.2725 Annual Report; Performance Measures 5.273 Duties of the Public Interest Counsel 5.274 Staff; Outside Technical Support 5.275 Appeal 5.276 Factors for Public Interest Representation

Subchapter H. Delegation of Hearings

5.311 Delegation of Responsibility 5.312 Time Limit for Issuance or Denial of Permits 5.313 Hearing Examiners Referenced in Law 5.315 Discovery in Cases Using Prefiled Written Testimony

Subchapter I. Judicial Review

5.351 Judicial Review of Commission Acts 5.352 Remedy for Commission or Executive Director Inaction 5.353 Diligent Prosecution of Suit 5.354 Venue 5.355 Appeal of District Court Judgment 5.356 Appeal by Executive Director Precluded 5.357 Law Suits; Citation

Subchapter J. Consolidated Permit Processing

5.401 Consolidated Permit Processing 5.402 Request for Separate Processing 5.403 Renewal Period for Consolidated Permit 5.404 Renewal of Permits 5.405 Fees 5.406 Rules

Subchapter L. Emergency and Temporary Orders

5.501 Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition 5.502 Application for Emergency or Temporary Order 5.503 Notice of Issuance 5.504 Hearing to Affirm, Modify, or Set Aside Order 5.505 Term of Order 5.506 Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses 5.507 Emergency Order for Operation of Utility That Discontinues Operation or Is Referred for Appointment of Receiver 5.509 Temporary or Emergency Order Relating to Discharge of Waste or Pollutants 5.510 Emergency Order Concerning Underground or Aboveground Storage Tanks 5.511 Emergency Administrative Order Concerning Imminent and Substantial Endangerment 5.512 Emergency Order Concerning Activity of Solid Waste Management 5.513 Emergency Order Concerning on-Site Sewage Disposal System 5.514 Order Issued under Air Emergency 5.5145 Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit 5.5146 Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit 5.515 Emergency Order Because of Catastrophe 5.516 Emergency Order under Section

Subchapter M. Environmental Permitting Procedures

5.551 Permitting Procedures; Applicability 5.552 Notice of Intent to Obtain Permit 5.553 Preliminary Decision; Notice and Public Comment 5.554 Public Meeting 5.555 Response to Public Comments 5.5553 Notice of Draft Permit 5.556 Request for Reconsideration or Contested Case Hearing 5.557 Direct Referral to Contested Case Hearing 5.558 Clean Coal Project Permitting 5.559 Procedures for Permit Application Review and Contested Cases Involving Project to Construct or Modify Liquefied Natural Gas Export Terminal

Subchapter M-1. Permitting Procedures Generally

5.581 Definition 5.582 Applicability 5.583 Electronic Publication of Notice 5.584 Verification of Notice by Newspaper 5.585 Security at Public Meeting or Public Hearing 5.586 Notice to State Senator and State Representative 5.587 Temporary and Indefinite Permit Reporting

Subchapter N. Estuary Management Plans

5.601 Definitions 5.602 Recognition of National Significance of Estuaries of Texas Coast 5.603 Finding of Benefit and Public Purpose 5.604 Lead State Agency 5.605 State Agency Participation 5.606 Estuary Program Offices 5.607 Implementation Funding 5.608 Eligibility for State Funding 5.609 Administration

Subchapter P. Fees

5.701 Fees 5.702 Payment of Fees Required When Due 5.703 Fee Adjustments 5.704 Notice of Change in Payment Procedure 5.705 Notice of Violation 5.706 Penalties and Interest on Delinquent Fees 5.707 Transferability of Appropriations and Funds Derived from Fees 5.708 Permit Fee Exemption for Certain Research Projects

Subchapter Q. Performance-Based Regulation

5.751 Applicability 5.752 Definitions 5.753 Standards for Evaluating and Using Compliance History 5.754 Classification and Use of Compliance History 5.755 Strategically Directed Regulatory Structure 5.756 Collection and Analysis of Compliance Performance Information 5.757 Coordination of Innovative Programs 5.758 Regulatory Flexibility

Subchapter R. Accreditation of Environmental Testing Laboratories

5.801 Definition 5.802 Administration by Commission 5.803 Application; Fee 5.804 Issuance of Accreditation; Reciprocity 5.805 Rules; Minimum Standards 5.806 Discipline 5.807 Environmental Testing Laboratory Accreditation Account