reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.1855 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.1855. Proposal of Land Use Other Than Residential

Sec. 361.1855.  PROPOSAL OF LAND USE OTHER THAN RESIDENTIAL.  (a)  The executive director shall hold a public meeting to obtain public input and information regarding the appropriate use of land on which a facility is located that is the subject of a remedial investigation/feasibility study if:(1)  a land use other than residential is proposed as appropriate for the land by:(A)  the executive director;  or(B)  a potentially responsible party who has entered into an agreed order with the commission;(2)  the proposal is made before the study is completed;  and(3)  a local government has not zoned the land as residential only.(b)  Any interested person may comment at the meeting.(c)  The meeting is legislative in nature and not a contested case hearing under Chapter 2001, Government Code.(d)  Not later than the 31st day before the date of the meeting, the commission shall:(1)  publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located;(2)  mail notice of the meeting to each potentially responsible party by certified mail, return receipt requested, at the party's most recent address as shown on the records of the commission;  and(3)  make the commission's records regarding the facility available to any interested person.(e)  The notice shall:(1)  state the date, time, and place of the meeting;  and(2)  provide information regarding the proposed land use.(f)  The failure of a potentially responsible party to receive a notice under this section does not affect the responsibilities, duties, or liabilities of the party.(g)  After the meeting, the executive director shall select the appropriate land use for purposes of selecting a proposed remedial action.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 4, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.1875 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.1875. Exclusion of Certain Potentially Responsible Parties

Sec. 361.1875.  EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES.  (a)  The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that:(1)  the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;(2)  additional corrective action is not required at the site owned or operated by the person;  and(3)  the commission will not undertake a formal enforcement action in the matter.(b)  The commission may not name a land bank established under Chapter 379C, Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:(1)  the contaminants that are the subject of investigation under this subchapter:(A)  appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or(B)  appear to have been present on the site before the land bank purchased the site; and(2)  the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 11.01, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 1, eff. September 1, 2007.|
TX Health & Safety Code § 361.188 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.188. Final Administrative Order

Sec. 361.188.  FINAL ADMINISTRATIVE ORDER.  (a)  After consideration of all good faith offers to perform a remedial action, the commission shall issue a final administrative order that must:(1)  list the facility on the state registry, thus determining that the facility poses an imminent and substantial endangerment to public health and safety or the environment;(2)  specify the appropriate land use for purposes of selecting the appropriate remedial action;(3)  specify the selected remedial action;(4)  list the parties determined to be responsible for remediating the facility;(5)  make findings of fact describing actions voluntarily undertaken by responsible parties;(6)  order the responsible parties to remediate the facility and, if appropriate, reimburse the hazardous waste disposal fee fund for remedial investigation/feasibility study and remediation costs;(7)  establish a schedule for completion of the remedial action;(8)  state any determination of divisibility of responsible party liability;  and(9)  give notice of the duties and restrictions imposed by Section 361.190.(b)  The provisions in Subchapters I, K, and L  relating to administrative orders apply to orders issued under this section.(c)  If a potentially responsible party is newly identified after a final administrative order under Subsection (a) has been issued by the commission, that party has 60 days to negotiate an amendment to the existing order.  The commission is not prohibited from issuing a separate order for the newly identified potentially responsible party if the commission determines that the circumstances warrant a separate order.  The responsible parties identified in the order issued under Subsection (a) shall be allowed to comment on the issuance of a separate order for the newly identified potentially responsible party.(d)  Within a reasonable period after a determination has been made, the commission shall file or cause to be filed in the real property records of the county in which the facility is located an affidavit or notice stating that the facility has been listed on or deleted from the state registry or is no longer proposed for listing on the state registry.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 6, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.189 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.189. Deletions From Registry

Sec. 361.189.  DELETIONS FROM REGISTRY.  (a)  The executive director or an owner or operator or other named responsible party of a facility listed or to be listed on the state registry may request the commission to delete the facility from the state registry, modify the facility's priority within the state registry, or modify any information regarding the facility by submitting a written statement setting forth the grounds of the request in the form the commission may by rule require.(b)  The commission by rule shall establish procedures, including public meetings, for review of requests submitted under this section.(c)  If the commission deletes a facility from the state registry because the cleanup of the facility is being addressed under Subchapter S, as added by Chapter 986, Acts of the 74th Legislature, Regular Session, 1995, the facility automatically reverts to the status the facility had immediately before the facility was deleted from the registry on the date of the executive director's determination that the cleanup of the facility is not being addressed adequately.  A public meeting is not required for an action under this subsection.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 7, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.190 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.190. Change in Use of Listed Facility

Sec. 361.190.  CHANGE IN USE OF LISTED FACILITY.  (a)  After the listing of a facility on the state registry, a person may not substantially change the manner in which the facility is used without notifying the executive director and receiving written approval of the executive director for the change.(b)  A substantial change in use shall be defined by rule and shall include actions such as the erection of a building or other structure at the facility, the use of the facility for agricultural production, the paving of the facility for use as a roadway or parking lot, and the creation of a park or other public or private recreational use on the facility.(c)  The notice must be in writing, addressed to the executive director, sent by certified mail, return receipt requested, and include a brief description of the proposed change in use.(d)  The executive director shall approve or disapprove the proposed action within 60 days after the date of receipt of the notice of proposed change in use.  The executive director may not approve the proposed change in use if the new use will significantly interfere with a proposed, ongoing, or completed remedial action program at a facility or expose the public health and safety or the environment to a significantly increased threat of harm.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.191 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.191. Immediate Removal

Sec. 361.191.  IMMEDIATE REMOVAL.  (a)  If the commission, after investigation, finds that there exists a release or threatened release of a hazardous substance at a facility that is causing irreversible or irreparable harm to the public health and safety or the environment and that the immediacy of the situation makes it prejudicial to the public interest to delay action until an administrative order can be issued to potentially responsible parties or until a judgment can be entered in an appeal of an administrative order, the commission may, with the funds available to the commission from the hazardous waste disposal fee fund, undertake immediate removal action at the facility to alleviate the harm.(b)  After the immediate danger of irreversible or irreparable harm has been alleviated, the commission shall proceed under this subchapter.(c)  Findings required under this section must be in writing and may be made ex parte by the commission subject to judicial review under the substantial evidence rule as provided by Chapter 2001, Government Code.(d)  The reasonable expenses of any immediate removal action taken by the commission may be recoverable from the persons described in Subchapter G or I, and the state may seek to recover the reasonable expenses in any court of appropriate jurisdiction.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.192 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.192. Remedial Action by Commission

Sec. 361.192.  REMEDIAL ACTION BY COMMISSION.  (a)  If a person ordered to eliminate an imminent and substantial endangerment to the public health and safety or the environment has failed to do so within the time limits specified in the order or any extension of time approved by the commission, the commission may implement the remedial action program for the facility.(b)  The reasonable expenses of implementing the remedial action program by the commission shall be paid by the persons to whom the order was issued and shall be recoverable under Section 361.197.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.193 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.193. Goal of Remedial Action

Sec. 361.193.  GOAL OF REMEDIAL ACTION.  (a)  The goal of any remedial action is the elimination of the imminent and substantial endangerment to the public health and safety or the environment posed by a release or threatened release of a hazardous substance at a facility.  The appropriate extent of the remedial action at any particular facility shall be determined by the commission's selection of the remedial alternative that the commission determines is the lowest cost alternative that is technologically feasible and reliable and that effectively mitigates and minimizes damage to and provides adequate protection of the public health and safety or the environment.(b)  In considering the appropriate remedial action program at a particular facility, the commission may approve a program that does not attain a level or standard of control at least equivalent to a legally applicable or relevant and appropriate standard, requirement, criterion, or limitation, as required by state or local law, if the commission finds that:(1)  the remedial action selected is only part of a total remedial action that will attain that level or standard of control when completed;(2)  compliance with the requirement at that facility will result in greater risk to public health and safety or the environment than alternative options;(3)  compliance with the requirement is technically impracticable from an engineering perspective;(4)  the remedial action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, criterion, or limitation through use of another method or approach;(5)  with respect to a local standard, requirement, criterion, or limitation, the locality has not consistently applied or demonstrated the intention to consistently apply the standard, requirement, criterion, or limitation in similar circumstances of other remedial actions within the locality;  or(6)  with respect to an action using solely state funds, selection of a remedial action that attains those levels or standards of control will not provide a balance between the need for protection of public health and safety or the environment at the facility and the availability of state funds to respond to other sites that present a threat to public health and safety or the environment, taking into consideration the relative immediacy of the threats.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.195 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.195. Payments From Hazardous and Solid Waste Remediation Fee Account

Sec. 361.195.  PAYMENTS FROM HAZARDOUS AND SOLID WASTE REMEDIATION FEE ACCOUNT.  (a)  Money for actions taken or to be taken by the commission in connection with the elimination of an imminent and substantial endangerment to the public health and safety or the environment under this subchapter is payable directly to the commission from the hazardous and solid waste remediation fee account. These payments include any costs of inspection or sampling and laboratory analysis of wastes, soils, air, surface water, and groundwater done on behalf of a state agency and the costs of investigations to identify and locate potentially responsible parties.(b)  The commission shall seek remediation of facilities by potentially responsible parties before expenditure of federal or state funds for the remediations.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 333, Sec. 44, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.196 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.196. Remediation: Permits Not Required; Liability

Sec. 361.196.  REMEDIATION:  PERMITS NOT REQUIRED;  LIABILITY.  (a)  Potentially responsible parties shall coordinate with ongoing federal and state hazardous waste programs although a state or local permit may not be required for any removal or remedial action conducted on site.(b)  Subject to Section 361.193, the state may enforce any federal or state standard, requirement, criterion, or limitation to which the remedial action would otherwise be required to conform if a permit were required.(c)  An action taken by the person to contain or remove a release or threatened release in accordance with an approved remedial action plan may not be construed as an admission of liability for the release or threatened release.(d)  A person who renders assistance in containing or removing a release or threatened release in accordance with an approved remedial action plan is not liable for any additional remediation costs at the facility resulting solely from acts or omissions of the person in rendering the assistance in compliance with the approvals required by this section, unless the remediation costs were caused by the person's gross negligence or wilful misconduct.(e)  Except as specifically provided by this section, these provisions do not expand or diminish the common law tort liability, if any, of private parties participating in a remediation action for civil damages to third parties.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.197 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.197. Cost Recovery

Sec. 361.197.  COST RECOVERY.  (a)  The commission shall file a cost recovery action against all responsible parties who have not complied with the terms of an administrative order issued under Section 361.188.  The commission shall file the cost recovery action no later than one year after all remedial action has been completed.(b)  The state may seek a judgment against the noncompliant parties for the total amount of the cost of the remedial investigation and feasibility study, the remedial design, and the remedial action, including costs of any necessary studies and oversight costs, minus the amount agreed to be paid or expended by any other responsible parties under an order issued under Section 361.185 or 361.188.(c)  The action may also include a plea seeking civil penalties for noncompliance with the commission's administrative order and a claim for up to triple the state's costs if the responsible party's defenses are determined by the court to be unreasonable, frivolous, or without foundation.(d)  The commission shall file a cost recovery action against each responsible party for the total costs of an action taken under Section 361.133(c)(1), (2), (3), (5), or (6) or Section 361.133(g).(e)  The commission may not file a cost recovery action under this section against an individual if the individual's only significant asset is a homestead that:(1)  includes the facility subject to or affected by a remedial action;(2)  is occupied by the individual as a home;  and(3)  has a fair market value of $250,000 or less.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 552, Sec. 1, eff. June 8, 1993;  Acts 1995, 74th Leg., ch. 883, Sec. 4, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 793, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 661, Sec. 3, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.199 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.199. Mixed Funding Program

Sec. 361.199.  MIXED FUNDING PROGRAM.  The commission by rule shall adopt a mixed funding program in which available money from potentially responsible parties is combined with state or federal funds to clean up a facility in a timely manner.  Use of the state or federal funds in a mixed funding approach does not preclude the state or federal government from seeking recovery of its costs from nonparticipating potentially responsible parties.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.200 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.200. Settlement

Sec. 361.200.  SETTLEMENT.  The commission shall assess and by rule may develop and implement a settlement program.  Under the program, the commission shall consider the advantages of developing a final settlement with potentially responsible parties that are responsible for response costs at a facility because of hazardous substances.  The settlement program may include:(1)  de minimis settlements;(2)  covenants not to sue;(3)  mixed funding;  and(4)  partial settlements.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 10, eff. Sept. 1, 1997.|