Texas Health and Safety Code 361.084 – Compliance Summaries
(a) The commission by rule shall establish a procedure to prepare compliance summaries relating to the applicant’s solid waste management activities in accordance with the method for evaluating compliance history developed by the commission under § 5.754, Water Code. A compliance summary shall include as evidence of compliance information regarding the applicant’s implementation of an environmental management system at the facility for which the authorization is sought. In this subsection, “environmental management system” has the meaning assigned by § 5.127, Water Code.
(b) The compliance summaries shall be made available to the applicant and any interested person after the commission has completed its technical review of the permit application and before the issuance of the public notice concerning an opportunity for a hearing on the permit application.
Terms Used In Texas Health and Safety Code 361.084
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Evidence of compliance or noncompliance by an applicant for a solid waste management facility permit with agency rules, permits, other orders, or evidence of a final determination of noncompliance with federal statutes or statutes of any state concerning solid waste management may be:
(1) offered by a party at a hearing concerning the application; and
(2) admitted into evidence subject to applicable rules of evidence.
(d) The commission shall consider all evidence admitted, including compliance history, in determining whether to issue, amend, extend, or renew a permit.