Texas Codes

Tex. Water Code § 26.0281 (2026)

Consideration Of Compliance History

✓ current as of May 2026

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Sec. 26.0281. CONSIDERATION OF COMPLIANCE HISTORY. In considering the issuance, amendment, or renewal of a permit to discharge effluent comprised primarily of sewage or municipal waste, the commission shall consider the compliance history of the applicant and its operator under the method for using compliance history developed by the commission under Section 5.754. In considering an applicant's compliance history under this subsection, the commission shall consider as evidence of compliance information regarding the applicant's implementation of an environmental management system at the facility for which the permit, permit amendment, or permit renewal is sought. In this section, "environmental management system" has the meaning assigned by Section 5.127.

Added by Acts 1985, 69th Leg., ch. 626, Sec. 1, eff. Aug. 26, 1985. Amended by Acts 2001, 77th Leg., ch. 965, Sec. 16.06, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1161, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.14, eff. September 1, 2011.

Notes of Decisions

Cited in 2 cases, 1991–1991 · leading case: United Resource Recovery, Inc. v. Texas Water Comm'n, 815 S.W.2d 797 (Tex. App. 1991).

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United Resource Recovery, Inc. v. Texas Water Comm'n, 815 S.W.2d 797 (Tex. App. 1991). “Tex. Water Code Ann. § 26.0281 , § 26.030 (1988).”

United Resource Recovery, Inc. v. Texas Water Comm'n (Tex. App. 1991). “Tex. Water Code Ann. § 26.0281 , § 26.030 (1988).”

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