Texas Vernon's Civil Statutes

§ 5415e-4 — DREDGE MATERIALS ACT

CV § 5415e-4Title 86. LANDS--PUBLIC · Ch. 7. GENERAL PROVISIONS

Statute text

Sec. 1. SHORT TITLE. This Act may be cited as the Dredge Materials Act. Sec. 2. POLICY. (a) It is the declared policy of the state to seek, to the fullest extent permissible under all applicable federal law or laws, the delegation to the state of the authority which the corps of engineers exercises under Section 404, as defined in this Act, over the discharge of dredged or fill material in the navigable waters of the State of Texas.

(b)It is the declared policy of the state that the state should not duplicate the exercise of such authority by the corps of engineers, but should instead exercise such authority in lieu of the corps of engineers, so that no permit application is subject to duplicate levels of regulation. Sec. 3. DEFINITIONS. As used in this Act, unless the context clearly requires otherwise:

(a)"Agency" means the Texas Water Quality Board.

(b)"Agreement" means a written agreement or contract between the State of Texas and the United States, authorizing the State of Texas, through (name of an existing agency), to regulate the discharge of dredged or fill material in the navigable waters of the state under the authority granted by Section 404, as defined in this Act.

(c)"Corps of engineers" means the United States Army Corps of Engineers.

(d)"Discharge of dredged or fill material" has the same meaning as it has in Section 404 as defined in this Act.

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Legislative history

Acts 1977, 65th Leg., p. 1906, ch. 759, eff. Aug. 29, 1977.