Texas Water Code

§ 5.754 — CLASSIFICATION AND USE OF COMPLIANCE HISTORY

WA § 5.754Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. Q. PERFORMANCE-BASED REGULATION

Statute text

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(a)The commission by rule shall establish a set of standards for the classification of a person's compliance history as a means of evaluating compliance history. The commission may consider the person's classification when using compliance history under Subsection (e).

(b)Rules adopted under Subsection (a):

(1)must, at a minimum, provide for three classifications of compliance history in a manner adequate to distinguish among:

(A)unsatisfactory performers, or regulated entities that in the commission's judgment perform below minimal acceptable performance standards established by the commission;

(B)satisfactory performers, or regulated entities that generally comply with environmental regulations; and

(C)high performers, or regulated entities that have an above-satisfactory compliance record;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.05, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 13, eff. September 1, 2023.