Tex. Health & Safety Code § 361.090 · Subchapter C. PERMITS
REGULATION AND PERMITTING OF CERTAIN INDUSTRIAL SOLID WASTE DISPOSAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission may not require a permit under this chapter for the collection, handling, storage, processing, and disposal of industrial solid waste that is disposed of within the boundaries of a tract of land that is:
(1) owned or otherwise effectively controlled by the owners or operators of the particular industrial plant, manufacturing plant, mining operation, or agricultural operation from which the waste results or is produced; and
(2) located within 50 miles from the plant or operation that is the source of the industrial solid waste.
(b) This section does not apply to:
(1) waste collected, handled, stored, processed, or disposed of with solid waste from any other source or sources; or
(2) hazardous waste.
(c) This section does not change or limit any authority the commission may have concerning:
(1) the requirement of permits and the control of water quality, or otherwise, under Chapter 26, Water Code; or
(2) the authority under Section 361.303.
(d) The commission may adopt rules under Section 361.024 to control the collection, handling, storage, processing, and disposal of the industrial solid waste to which this section applies to protect the property of others, public property and rights-of-way, groundwater, and other rights requiring protection.
(e) The commission may require a person who disposes or plans to dispose of industrial solid waste and claims to be exempt under this section to submit to the commission information that is reasonably required to enable the commission to determine if this section applies to the waste disposal activity.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm
- Text hash
- sha256 5194c68ec7aa0b74c4ac7ce60dec30904c3e1af879de888f63c7f4c696d93932
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 361.090. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 361.013SOLID WASTE DISPOSAL AND TRANSPORTATION FEES.Printed as Section 361.090
- Tex. Health & Safety Code § 361.061PERMITS; SOLID WASTE FACILITY.Printed as Section 361.090
- Tex. Health & Safety Code § 361.152LIMITATION ON COUNTY POWERS CONCERNING INDUSTRIAL SOLID WASTE.Printed as Section 361.090
- Tex. Health & Safety Code § 363.112PROHIBITION OF PROCESSING OR DISPOSAL OF SOLID WASTE IN CERTAIN AREAS.Printed as Section 361.090
- Tex. Health & Safety Code § 364.012PROHIBITING SOLID WASTE DISPOSAL IN COUNTY.Printed as Section 361.090
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