This Chapter defines the legal authority of the Texas Commission on Environmental Quality. The powers and duties enumerated in this chapter are the general powers and duties of the commission and those incidental to the conduct of its business. The commission has other specific powers and duties as prescribed in other sections of this code and other laws of this state. The Chapter consists of the following subchapters: A- General Provisions; B & C- Organization of The Texas Natural Resource Conservation Commission providing an organizational structure for the commission and defining the duties, responsibilities, authority, and functions of the commission and the executive director. The commission is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to the conservation of natural resources and the protection of the environment. The commission has general jurisdiction over water and water rights, the state's water quality program, state’s hazardous spill prevention and control program,state ’s program relating to inactive hazardous substance, pollutant, and contaminant disposal facilities, injection well program, state ’s programs involving underground water and water wells and drilled and mined shafts, regional waste disposal, and other areas as assigned by this code and other laws of the state. D- General Powers and Duties of the Commission providing the general powers and duties of the commission and those incidental to the conduct of its business. F- Executive Director describing the general responsibilities of the executive director including the right to delegate authority or duty, organize and reorganize the administrative organization of commission, develop an interagency career ladder program, a merit pay system, an equal employment opportunity policy, negotiating and entering into contracts with the United States or any of its agencies for the purpose of carrying out the powers, duties, and responsibilities of the commission, developing and implementing a program of public education and assistance; G- Office of Public Interest Counsel created to ensure that the commission promotes the public’s interest. The primary duty of the office will be to represent the public interest as a party to matters before the commission. H- Delegation of Hearings authorizing the commission to delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility to hear any matter before the commission. I – Judicial Review concerning the right of a person affected by a ruling, order, decision, or other act of the commission to file a petition to review, set aside, modify, or suspend the act of the commission. J- Consolidated Permit Processing regulating cases when a plant, facility, or site is required to have more than one permit issued by the commission and the applications for all permits required by the commission are filed within a 30-day period. L- Emergency and Temporary Orders regulating various types of emergency and temporary orders, application process, issuance of orders, and the review process. M- Environmental Permitting Procedures establishing procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing regarding commission actions relating to a permit issued under this code. N- Estuary Management Plans recognizing the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and estuaries productive, protecting the economies of those areas, and continuing the involvement of the public and the many interests who use and appreciate the estuarine resources of Texas. P- Fees concerning payment of fees required when due, fee adjustments, notice of change in payment procedure, penalties and interest on delinquent fees, transferability of appropriations and funds derived from fees, permit fee exemption for certain research projects; Q- Performance-based Regulation that applies only to certain programs under the jurisdiction of the commission as further defined by this chapter; and R- Accreditation of Environmental Testing Laboratories laying down rules and procedures regarding the application and issuance of accreditation.
United States of America · 1985-09-01