TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE

SUBCHAPTER N. OIL AND GAS HAZARDOUS WASTE



§ 91.601. DEFINITIONS.
     In this subchapter:
          (1) "Oil and gas hazardous waste" means oil and gas waste that is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
          (2) "Oil and gas waste" means oil and gas waste as defined in Section 91.1011 of this chapter.

Added by Acts 1991, 72nd Leg., ch. 603, § 20, eff. Sept. 1, 1991.

§ 91.602. RULES.
     (a) To protect human health and the environment, the commission shall adopt and enforce rules and orders and may issue permits relating to the generation, transportation, treatment, storage, and disposal of oil and gas hazardous waste.
     (b) The rules adopted by the commission under this section must be consistent with the hazardous waste regulations adopted by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.). The commission may adopt and enforce rules that are more stringent than the federal hazardous waste regulations if necessary to protect human health.

Added by Acts 1991, 72nd Leg., ch. 603, § 20, eff. Sept. 1, 1991.

§ 91.603. ACCESS TO PROPERTY AND RECORDS.
     (a) A member or employee of the commission, on proper identification, may enter public or private property to:
          (1) inspect and investigate conditions relating to the generation, transportation, treatment, storage, or disposal of oil and gas hazardous waste;
          (2) inspect and investigate conditions relating to the development of rules, orders, or permits under Section 91.602 of this code;
          (3) monitor compliance with a rule, order, or permit of the commission; or
          (4) examine and copy, during reasonable working hours, those records or memoranda of the business being investigated.
     (b) A member or employee acting under this section who enters an establishment on public or private property shall observe the establishment's posted safety, internal security, and fire protection rules.

Added by Acts 1991, 72nd Leg., ch. 603, § 20, eff. Sept. 1, 1991.

§ 91.604. CRIMINAL PENALTY.
     (a) A person who knowingly violates a rule, order, or permit of the commission issued under this subchapter commits an offense.
     (b) An offense under this section is punishable by imprisonment for up to six months, by a fine of up to $10,000 for each day the violation is committed, or by both.
     (c) Venue for prosecution under this section is in the county in which the violation is alleged to have occurred.

Added by Acts 1991, 72nd Leg., ch. 603, § 20, eff. Sept. 1, 1991.

§ 91.605. HAZARDOUS OIL AND GAS WASTE GENERATION FEE.
     (a) An annual fee is imposed on each operator who generates
      hazardous oil and gas waste.
     (b) The commission by rule shall set the fee, which must:
          (1) be based on the volume of hazardous oil and gas waste generated by the operator; and
          (2) be reasonably related to the costs of implementing this subchapter and enforcing the rules, orders, and permits adopted or issued by the commission under this subchapter.
     (c) The commission by rule shall also prescribe the procedures by which an operator must account for the volume of hazardous oil and gas waste generated and pay the fee.
     (d) This section does not apply to an operator who, at all facilities operated in this state, satisfies the requirements established by the administrator of the United States Environmental Protection Agency for a conditionally exempt small quantity generator.
     (e) The fees collected under this section shall be deposited in the oil-field cleanup fund.

Added by Acts 1991, 72nd Leg., ch. 603, § 20, eff. Sept. 1, 1991.