This chapter may be cited as the Solid Waste Disposal Act. Acts71st Leg. Amended by Acts71st Leg. Unless the context requires a different definition, in this chapter:. A is toxic, corrosive, flammable, a strong sensitizer or irritant, or a generator of sudden pressure by decomposition, heat, or other means; and.

B poses or may pose a substantial present or potential danger to human health or the environment if improperly processed, stored, transported, or otherwise managed. Section et seq. Sections throughas amended by the Superfund Amendments and Reauthorization Act of The term does not include incineration. The commission may not consider a gasification facility to be a hazardous waste management facility, a solid waste management facility, or an incinerator.

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Section. Sectionexcluding waste, the regulation of which under the federal Solid Waste Disposal Act 42 U. Section ; and. Section ; but. The term includes a publicly or privately owned hazardous waste management facility consisting of processing, storage, or disposal operational hazardous waste management units such as one or more landfills, surface impoundments, waste piles, incinerators, boilers, and industrial furnaces, including cement kilns, injection wells, salt dome waste containment caverns, land treatment facilities, or a combination of units.

Section 1. The term does not include:. B a hotel, motel, or other establishment that provides lodging and related services for the public. C a political subdivision exercising the authority granted under Section Section A waste produced on a farm or ranch as defined by 34 T. Section 3.

B artificial, nonhuman materials removed from a patient and requested by the patient, including orthopedic devices and breast implants.

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A is a resident of a county, or a county adjacent or contiguous to the county, in which a solid waste facility is to be located; or.

B is doing business or owns land in the county or adjacent or contiguous county.Section of the House amendment represents a compromise between H. The House amendment deletes the provision found in section 3 of H. In every case there is the uncertainty that the estate will have sufficient property to pay administrative expenses in full. Section 4 of H. In the special instance where there is a reserve fund maintained under the security agreement, such as in the typical bondholder case, indubitable equivalent means that the bondholders would be entitled to be protected as to the reserve fund, in addition to the regular payments needed to service the debt.

To the extent the protection proves to be inadequate after the fact, the creditor is entitled to a first priority administrative expense under section b. Sections, and require, in certain circumstances, that the court determine in noticed hearings whether the interest of a secured creditor or co-owner of property with the debtor is adequately protected in connection with the sale or use of property.

The interests of which the court may provide protection in the ways described in this section include equitable as well as legal interests. For example, a right to enforce a pledge and a right to recover property delivered to a debtor under a consignment agreement or an agreement of sale or return are interests that may be entitled to protection. This section specifies means by which adequate protection may be provided but, to avoid placing the court in an administrative role, does not require the court to provide it.

Instead, the trustee or debtor in possession or the creditor will provide or propose a protection method. If the party that is affected by the proposed action objects, the court will determine whether the protection provided is adequate. The purpose of this section is to illustrate means by which it may be provided and to define the limits of the concept. The concept of adequate protection is derived from the fifth amendment protection of property interests as enunciated by the Supreme Court.

See Wright v. Union Central Life Ins. Radford, U. The automatic stay also provides creditor protection. Those who acted first would obtain payment of the claims in preference to and to the detriment of other creditors. Bankruptcy is designed to provide an orderly liquidation procedure under which all creditors are treated equally.

section 361

Subsection a defines the scope of the automatic stay, by listing the acts that are stayed by the commencement of the case. The commencement or continuation, including the issuance of process, of a judicial, administrative or other proceeding against the debtor that was or could have been commenced before the commencement of the bankruptcy case is stayed under paragraph 1.

The scope of this paragraph is broad. All proceedings are stayed, including arbitration, administrative, and judicial proceedings. Proceeding in this sense encompasses civil actions and all proceedings even if they are not before governmental tribunals.

The stay is not permanent. There is adequate provision for relief from the stay elsewhere in the section. Undoubtedly the court will lift the stay for proceedings before specialized or nongovernmental tribunals to allow those proceedings to come to a conclusion.

Any party desiring to enforce an order in such a proceeding would thereafter have to come before the bankruptcy court to collect assets. Nevertheless, it will often be more appropriate to permit proceedings to continue in their place of origin, when no great prejudice to the bankruptcy estate would result, in order to leave the parties to their chosen forum and to relieve the bankruptcy court from many duties that may be handled elsewhere.

Paragraph 2 stays the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the bankruptcy case.No gain or loss shall be recognized to a corporation if such corporation is a party to a reorganization and exchanges property, in pursuance of the plan of reorganization, solely for stock or securities in another corporation a party to the reorganization.

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If the corporation receiving such other property or money distributes it in pursuance of the plan of reorganization, no gain to the corporation shall be recognized from the exchange, but. If the corporation receiving such other property or money does not distribute it in pursuance of the plan of reorganization, the gain, if any, to the corporation shall be recognized.

If subsection a would apply to an exchange but for the fact that the property received in exchange consists not only of property permitted by subsection a to be received without the recognition of gain or loss, but also of other property or money, then no loss from the exchange shall be recognized. For purposes of paragraph 1any transfer of the other property or money received in the exchange by the corporation to its creditors in connection with the reorganization shall be treated as a distribution in pursuance of the plan of reorganization.

The Secretary may prescribe such regulations as may be necessary to prevent avoidance of tax through abuse of the preceding sentence or subsection c 3. In the case of a reorganization described in section a 1 D with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under sectionthis paragraph shall apply only to the extent that the sum of the money and the fair market value of other property transferred to such creditors does not exceed the adjusted bases of such assets transferred reduced by the amount of the liabilities assumed within the meaning of section c.

Except as provided in paragraph 2no gain or loss shall be recognized to a corporation a party to a reorganization on the distribution to its shareholders of property in pursuance of the plan of reorganization. If any property distributed in the distribution referred to in paragraph 1 is subject to a liability or the shareholder assumes a liability of the distributing corporation in connection with the distribution, then, for purposes of subparagraph Athe fair market value of such property shall be treated as not less than the amount of such liability.

For purposes of this subsection, any transfer of qualified property by the corporation to its creditors in connection with the reorganization shall be treated as a distribution to its shareholders pursuant to the plan of reorganization. Section and subpart B of part II of this subchapter shall not apply to any distribution referred to in paragraph 1. Prior to amendment, section related to whether gain or loss was recognized if corporation which was party to reorganization exchanged property, pursuant to plan of reorganization, for stock or securities in another corporation which was party to the reorganization or for other property or money.

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Amendment by Pub. Please help us improve our site! No thank you. LII U. Code Title Income Taxes Chapter 1. Effects on Corporations Section Nonrecognition of gain or loss to corporations; treatment of distributions.

Code Notes prev next.A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience.

Some cookies are also necessary for the technical operation of our website. We use cookies. Learn More Accept. Comprehensive Tax Research. Practitioner to Practitioner. Log In About Us. Don't have an account? Request a trial. The amount of gain recognized under subparagraph B shall not exceed the sum of the money and the fair market value of the other property so received which is not so distributed. The Secretary may prescribe such regulations as may be necessary to prevent avoidance of tax through abuse of the preceding sentence or subsection c 3.

In the case of a reorganization described in section a 1 D with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under sectionthis paragraph shall apply only to the extent that the sum of the money and the fair market value of other property transferred to such creditors does not exceed the adjusted bases of such assets transferred reduced by the amount of the liabilities assumed within the meaning of section c.

Prior to amendment, section related to whether gain or loss was recognized if corporation which was party to reorganization exchanged property, pursuant to plan of reorganization, for stock or securities in another corporation which was party to the reorganization or for other property or money. Amendment by Pub. Section g 4 of Pub. Bloomberg Tax News. All Rights Reserved.The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.

For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary. Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General, 1.

Except as provided in subsection dregulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary.

For purposes of this subsection, the term "State" includes, in addition to the several States, only the District of Columbia. B is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals. Nothing in this section or section of this titleor the regulations promulgated under such sections, may be construed as superseding any provision under State law including regulations and including provisions established by political subdivisions of Statesexcept to the extent that such a provision conflicts with an exercise of Federal authority under this section or section of this title.

section 361

July 1,ch. Plan No.

section 361

See below. Amendment by Pub. Office of Surgeon General abolished by section 3 of Reorg. June 25,31 F. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Section 1. Based upon the recommendation of the Secretary of Health and Human Services the "Secretary"in consultation with the Surgeon General, and for the purpose of specifying certain communicable diseases for regulations providing for the apprehension, detention, or conditional release of individuals to prevent the introduction, transmission, or spread of suspected communicable diseases, the following communicable diseases are hereby specified pursuant to section b of the Public Health Service Act:.

This subsection does not apply to influenza. The Secretary, in the Secretary's discretion, shall determine whether a particular condition constitutes a communicable disease of the type specified in section 1 of this order.

U.S. Food and Drug Administration

This order is not intended to, and does not, create any right or benefit enforceable at law or equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. Executive Order of December 22,is hereby revoked. The comma probably should not appear. Current Ed. Back to Original Document.The Surgeon Generalwith the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.

For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.

Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretaryin consultation with the Surgeon General[1].

Except as provided in subsection dregulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession. Nothing in this section or section of this titleor the regulations promulgated under such sections, may be construed as superseding any provision under State law including regulations and including provisions established by political subdivisions of Statesexcept to the extent that such a provision conflicts with an exercise of Federal authority under this section or section of this title.

See below.

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Amendment by Pub. Office of Surgeon General abolished by section 3 of Reorg. Plan No. June 25,31 F. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Section 1.

This subsection does not apply to influenza. This order is not intended to, and does not, create any right or benefit enforceable at law or equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

Sec. 361. Nonrecognition Of Gain Or Loss To Corporations; Treatment Of Distributions

Executive Order of December 22,is hereby revoked. Please help us improve our site! No thank you. LII U. Code Title Quarantine and Inspection Section Regulations to control communicable diseases. Code Notes prev next. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary.

B is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals. July 1,ch. The comma probably should not appear. Amendments — Pub. Effective Date of Amendment Amendment by Pub. Evaluation of Public Health Authorities Pub.

Executive Order No.A great tip to minimise the chances of you receiving a negative review is to let people know that they can email you personally should they have any complaints about the tour or activity. From there, make sure to handle the situation in a professional manner.

Most customers won't remember to review a company unless it's exceptionally good (or bad). Remind your customers to leave a review and make it easy for them to review you online by directing them to where they need to go. You can simply include a direct link or a widget on your website, which involves copying a line of code and pasting it onto your site.

TrekkSoft users can integrate this widget easily too. Just follow these steps. Email customers after each tour and sneak in a request for a review Sending follow-up emails to your customers is part and parcel of being a fantastic tour or activity operator.

Apart from building up your relationship with your customers, you can also sneak in a cheeky request for a review by including a simple sentence at the end of your email. It could be as simple as "If you had a great time with us, do leave u a review on TripAdvisor. You can find us here. Have your social media and review profiles printed onto your shirtsWhen customers are following your guides around town, they spend a lot of time staring at your guides.

Why not make the most of this by printing out one or two online review sites that you would like your customers to head to. Put up signs to review your business in your storeWhen customers enter your store, be sure to have one or two TripAdvisor or Yelp signs up at your desk.

It may seem like a small gesture but having subtle physical reminders around can do wonders. Make sure everyone in your team is on boardHaving your team of guides on board with this makes a huge difference in how you effectively execute this form of word-of-mouth marketing strategy. If you are able to incentivise your employees to get more online reviews, even better. You could run an internal competition, where the team member with the highest number of mentions on TripAdvisor for the season i rewarded.

You could also tie monetary compensation and bonuses to the number of mentions of their name review sites. From quite a few tours that I've been on, this seems to be a message given either in the middle of the tour with a reminder at the end, or at the end of the tour.

However you choose to do this, remember to tell customers where and how to find you online. A great way to ensure the success of this strategy is by forming a relationship with your customers throughout the trip or excursion.

This article is a fantastic example of how you could ask your customers to review your services. This is probably the easiest part of the whole process. Spend 20 minutes each day checking your online profiles and thank customers who have left you a positive review.

Do you have any other tips on how tour and activity operators can gain more review online.


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