Sec. 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 Section 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 Section 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.
(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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.10, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.48, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 16.10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1161, Sec. 5, eff. Sept. 1, 2001.