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Environmental Quality, Texas Commission On

Summaries

KP-0190
Ken Paxton

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Permitting procedure pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

GA-0290
Greg Abbott

State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capricious|CERCLA remediation action in the State of Texas, the U.S. Environmental Protection Agency must follow more stringent state standards that are applicable or relevant and appropriate requirements|Lead cleanup standard of the state, if an applicable or relevant and appropriate requirement. or ARAR, under CERCLA, the EPA, undertaking any remediation action at the site, must adhere to the state standard|Rules, Administrative agency is bound to follow unambiguous language of agency's own

GA-0390
Greg Abbott

County that is the on-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an on-site sewage facility installer within the permitting authority's jurisdiction|On-site sewage facility installer, county sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an installer when the county is the permitting authority|On-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission's prohibition from working as an on-site sewage facility installer when the county is the permitting authority|An agency's reasonable construction of its rule is entitled to deference

GA-0587
Greg Abbott

Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Texas Commission on Environmental Quality to only those pollution control facilities, devices, or methods associated with|Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Commission to only those pollution control facilities, devices, or methods associated with

GA-0624
Greg Abbott

Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental Quality|Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Commission

GA-0762
Greg Abbott

Pollution resulting from generalized discharges of waste which are not traceable to a specific source, the Legislature has authorized a municipality to regulate in its extraterritorial jurisdiction|Nonpoint source pollution

GA-0970
Greg Abbott

Act of sending letter requesting restitution damages based upon unadjudicated claim for breach of grant contract will not, by itself, establish debt to the state for purposes of Government Code section 403.055|A debt to the state, for purposes of Government Code section 403.055 the act of sending letter requesting restitution damages based upon unadjudicated claim for breach of grant contract will not by itself establish|Existence of a debt to the state under Government Code section 403.055, if specific contract terms that create an agreement between the state and grantee establish a debt, the Commission on Environmental Quality can allege the existence of a debt by statutory reference or if the Commission can establish the debt by some other lawfully effective means, the Commission could establish the|Report person to Comptroller as indebted to state under Government Code subsection 403.055(f), until Commission has provided grantees with due process, including opportunity to contest amount or existence of contract breach, Commission may not

JS-0004
John Scott

Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.

As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.