Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,731
4703-4756 p. ; 28 cm.View a full description of this periodical.
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The repeal also is proposed under the Solid Waste Dis-
posal Act, Texas Civil Statutes, Article 4477-7, 4(c),
which authorizes the department to adopt and promul-
gate rules consistent with the general intent and pur-
poses of the Act and establish minimum standards of
operation for all aspects of the management and con-
trol of industrial solid waste, and further directs the
department to promulgate rules requiring persons who
generate, transport, process, or dispose of Class I in-
dustrial solid waste or hazardous waste to provide
record keeping and use a manifest or other appropri-
ate system to assure that such wastes are transported
to a storage, processing, or disposal facility permit-
ted or otherwise authorized for that purpose. Under
the Solid Waste Disposal Act, 3(b), the Texas De-
partment of Water Resources is designated as the
state solid waste agency with respect to the manage-
ment of industrial solid waste and is required to seek
the accomplishment of the purposes of the Act
through the control of all aspects of industrial solid
waste management by all practical and economically
feasible methods consistent with the powers and
duties given it under the Act and other existing legis-
lation Section 3(b) grants to the department the pow-
ers and duties specifically prescr bed in the Act and
all other powers necessary or convenient to carry out
its responsibilities
335 172. Shipping TicAet Discrepancies.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within
the agency's authority to adopt.
Issued in Austin, Texas, on August 23, 1984TRU-84880-
Susan Plettman
General Counsel
Texas Department of Water
ResourcesEarliest possible date of adoption
October 5, 1984
For further information, please call (512) 475-7845.
31 TAC 335.176
(Editor's note: The text of the following rule proposed
for repeal will not be published The rule may be exam-
ined in the offices of the Texas Water Development
Board, Room 613, Stephen F Austin Building, 1700
North Congress Avenue, Austin, or in the Texas Reg-
ister office, Room 503E, Sam Houston Building, 201
East 14th Street, Austin )
The Texas Water Development Board proposes the re-
peal of 335 176, concerning waste reports prepared
by owners or operators of storage, processing, or dis-
posal facilities
Mike Hodges, Fiscal Services Section chief, has de-
termined that for the first five-year period the repeal
will be in effect there will be no fiscal implications for
state or local government or small businesses as a
result of the repeal
Mr. Hodges also has determined that for each year of
the first five years the repeal as proposed is in effectthe public benefit anticipated as a result of the repeal
is the consolidation of the provisions regarding waste
reports into Subchapter A, 335.15(c), which sets
forth the record-keeping and reporting requirements
applicable to owners or operators of storage, process-
ing, or disposal facilities. The repeal of this provisions
and its inclusion in Subchapter A therefore clarifies
that the provisions governing waste reports are ap-
plicable to owners or operators of storage, process-
ing, or disposal facilities managing all Class I Industrial
solid waste, whether the waste is hazardous or non-
hazardous. There is no anticipated economic cost to
Individuals as a result of the repeal 4
Comments on the proposal may be submitted to
Cynthia C. Smiley, Staff Attorney, Texas Department
of Water Resources, P.O Box 13087, Austin, Texas
78711.
The repeal is proposed under the Texas Water Code,
5.131 and 5.132, which provides the Texas Water
Development Board with the authority to make any
rules necessary to carry out the powers and duties
under the provisions of the Code and other laws of
the state and to establish and approve all general
policy of the Texas Department of Water Resources
(TDWR); and the Solid Waste Disposal Act, Texas Civil
Statutes, Article 4477-7, 54(c), which authorizes the
department to adopt and promulgate rules consistent
with the general intent and purposes of the Act and
to establish minimum standards of operation for all
aspects of the management and control of industrial
solid waste, and further directs the department to
promulgate rules requiring persons who generate,
transport, process, store, or dispose of Class I indus-
trial solid waste or hazardous waste to provide record
keeping and use a manifest or other appropriate sys-
tem to assure that such wastes are transported to a
storage, processing, or disposal facility permitted or
otherwise authorized for that purpose Under the Solid
Waste Disposal Act, 3(b), the TDWR is designated
as the state solid waste agency with respect to the
management of industrial solid waste and is required
to seek the accomplishment of the purposes of the
Act through the control of all aspects of industrial solid
waste management by all practical and economically
feasible methods consistent with the powers and
duties given it under the Act and other existing legis-
lation. Section 3(b) grants to the department the pow-
ers and duties specifically prescribed in the Act and
all other powers necessary or convenient to carry out
its responsibilities.
315.176. Waste Report.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within
the agency's authority to adopt
Issued in Austin, Texas, on August 23, 1984
TRD-848806 Susan Plettman
General Counsel
Texas Department of Water
Resources
Earliest possible date of adoption
October 5, 1984
For further information, please call (512) 475-7845September 4, 1984
Proposed
RulesI _
9 TexReg 4731
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Texas. Secretary of State. Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984, periodical, September 4, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243620/m1/29/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.