reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.539 (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 R. Use of Land Over Municipal Solid Waste Landfills|Section 361.539. Notice to Buyers, Lessees, and Occupants

Sec. 361.539.  NOTICE TO BUYERS, LESSEES, AND OCCUPANTS.  (a)  An owner of land that overlies a closed municipal solid waste landfill facility shall prepare a written notice stating the former use of the facility, the legal description of the pertinent part of the land, notice of the restrictions on the development or lease of the land imposed by this subchapter, and the name of the owner.  The owner shall file for record the notice in the real property records in the county where the land is located.(b)  An owner of land that overlies a closed municipal solid waste landfill facility shall notify each lessee and each occupant of a structure that overlies the site of:(1)  the land's former use as a landfill;  and(2)  the structural controls in place to minimize potential future danger posed by the landfill.|Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.|Subchapter S, Medical Waste; Criminal Penalties, consisting of Secs. 361.560 to 361.567, was added by Acts 1995, 74th Leg., ch. 448, Sec. 1.For another Subchapter S, Voluntary Cleanup Program, added by Acts 1995, 74th Leg., ch. 986, Sec. 1, see Sec. 361.601 et seq., post.
TX Health & Safety Code § 361.561 (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 S. Medical Waste; Criminal Penalties|Section 361.561. Radioactive Medical Waste

Sec. 361.561.  RADIOACTIVE MEDICAL WASTE.  Disposal of radioactive medical waste is governed by Chapter 401.|Added by Acts 1995, 74th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1995.|Subchapter S, Voluntary Cleanup Program, consisting of Secs. 361.601 to 361.613, was added by Acts 1995, 74th Leg., ch. 986, Sec. 1.For another Subchapter S, Medical Waste; Criminal Penalties, added by Acts 1995, 74th Leg., ch. 448, Sec. 1, see Sec. 361.560 et seq., ante.
TX Health & Safety Code § 361.601 (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 S. Voluntary Cleanup Program|Section 361.601. Definitions

Sec. 361.601.  DEFINITIONS.  In this subchapter:(1)  "Contaminant" includes:(A)  solid waste;(B)  hazardous waste;(C)  a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, or Table 1, 40 C.F.R. Section 261.24;(D)  a pollutant as defined in Section 26.001, Water Code;  and(E)  a hazardous substance:(i)  as defined in Section 361.003;  or(ii)  subject to Sections 26.261-26.268, Water Code.(2)  "Environmental assessment" means the assessment described by Section 361.604.(3)  "Response action" means the cleanup or removal of a hazardous substance or contaminant from the environment, excluding a waste, pollutant, or substance regulated by or that results from an activity under the jurisdiction of the Railroad Commission of Texas under Chapter 91 or 141, Natural Resources Code, or Chapter 27, Water Code.(4)  "Voluntary cleanup" means a response action taken under and in compliance with this subchapter.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.602 (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 S. Voluntary Cleanup Program|Section 361.602. Purpose

Sec. 361.602.  PURPOSE.  The purpose of the voluntary cleanup program is to provide incentive to remediate property by removing liability of lenders and future landowners.  The program does not replace other voluntary actions and is restricted to voluntary actions.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.603 (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 S. Voluntary Cleanup Program|Section 361.603. Eligibility for Voluntary Cleanup Program

Sec. 361.603.  ELIGIBILITY FOR VOLUNTARY CLEANUP PROGRAM.  (a)  Any site is eligible for participation in the voluntary cleanup program except the portion of a site that is subject to a commission permit or order.(b)  A person electing to participate in the voluntary cleanup program must:(1)  enter into a voluntary cleanup agreement as provided by Section 361.606; and(2)  pay all costs of commission oversight of the voluntary cleanup.Text of subsec. (c) effective upon agreement with United States Environmental Protection Agency(c)  Notwithstanding Subsection (a), a site or portion of a site that is subject to a commission permit or order is eligible for participation in the voluntary cleanup program on dismissal of the permit or order.  An administrative penalty paid to the general revenue fund under the permit or order is nonrefundable.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 855, Sec. 2;  Acts 1997, 75th Leg., ch. 1418, Sec. 1.|
TX Health & Safety Code § 361.6035 (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 S. Voluntary Cleanup Program|Section 361.6035. Eligibility of Certain Persons for Release From Liability

Sec. 361.6035.  ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE FROM LIABILITY.   Text of section effective upon agreement with United States Environmental Protection Agency (a)  A person who purchased a site before September 1, 1995, is released, on certification under Section 361.609, from all liability to the state for cleanup of contamination that was released at the site covered by the certificate before the purchase date, except for releases or consequences that the person contributed to or caused, if:(1)  the person did not operate the site, or any portion of the site, before the purchase date;  and(2)  another person that is a responsible party under Section 361.271 or 361.275(g) successfully completes a voluntary cleanup of the site under this subchapter.(b)  A person described by Subsection (a)(2):(1)  remains liable to the state for any contamination that was released at the site before the date the certificate is issued;  and(2)  is not liable to the state for any contamination that was released at the site after the date the certificate is issued unless the person:(A)  contributes to or causes the release of contamination;  or(B)  changes the land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.|Added by Acts 1997, 75th Leg., ch. 855, Sec. 3;  Acts 1997, 75th Leg., ch. 1418, Sec. 2.|
TX Health & Safety Code § 361.604 (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 S. Voluntary Cleanup Program|Section 361.604. Application to Participate in Voluntary Cleanup Program

Sec. 361.604.  APPLICATION TO PARTICIPATE IN VOLUNTARY CLEANUP PROGRAM.  (a)  A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application fee as prescribed by this section. Text of subsec. (b) effective until agreement with United States Environmental Protection Agency (b)  An application submitted under this section must:(1)  be on a form provided by the executive director;(2)  contain:(A)  general information concerning:(i)  the person and the person's capability, including the person's financial capability, to perform the voluntary cleanup;  and(ii)  the site;(B)  other background information requested by the executive director;  and(C)  an environmental assessment of the actual or threatened release of the hazardous substance or contaminant at the site;(3)  be accompanied by an application fee of $1,000;  and(4)  be submitted according to schedules set by commission rule. Text of subsec. (b) effective upon agreement with United States Environmental Protection Agency (b)  An application submitted under this section must:(1)  be on a form provided by the executive director;(2)  contain:(A)  general information concerning:(i)  the person and the person's capability, including the person's financial capability, to perform the voluntary cleanup;  (ii)  the site;  and(iii)  whether the voluntary cleanup is subject to Section 361.6035;(B)  other background information requested by the executive director;  and(C)  an environmental assessment of the actual or threatened release of the hazardous substance or contaminant at the site;(3)  be accompanied by an application fee of $1,000;  and(4)  be submitted according to schedules set by commission rule.(c)  The environmental assessment required by Subsection (b) must include:(1)  a legal description of the site;(2)  a description of the physical characteristics of the site;(3)  the operational history of the site to the extent that history is known by the applicant;(4)  information of which the applicant is aware concerning the nature and extent of any relevant contamination or release at the site and immediately contiguous to the site, or wherever the contamination came to be located;  and(5)  relevant information of which the applicant is aware concerning the potential for human exposure to contamination at the site.(d)  An application shall be processed in the order in which it is received.(e)  Fees collected under this section shall be deposited to the credit of the waste management account.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 57, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 855, Sec. 4;  Acts 1997, 75th Leg., ch. 1418, Sec. 3.|
TX Health & Safety Code § 361.605 (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 S. Voluntary Cleanup Program|Section 361.605. Rejection of Application

Sec. 361.605.  REJECTION OF APPLICATION.  (a)  The executive director may reject an application submitted under Section 361.604 if:(1)  an administrative, state, or federal enforcement action is pending that concerns the remediation of the hazardous substance or contaminant described in the application;(2)  a federal grant requires an enforcement action at the site;(3)  the application is not complete or accurate;  or(4)  the site is ineligible under Section 361.603.(b)  If an application is rejected because it is not complete or accurate, the executive director, not later than the 45th day after receipt of the application, shall provide the person with a list of all information needed to make the application complete or accurate.  A person may resubmit an application once without submitting an additional application fee if the person resubmits the application not later than the 45th day after the date the executive director issues notice that the application has been rejected.(c)  If the executive director rejects the application, the executive director shall:(1)  notify the person that the application has been rejected;(2)  explain the reasons for rejection of the application;  and(3)  inform the person that the commission will refund half the person's application fee unless the person indicates a desire to resubmit an application.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 855, Sec. 5, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.606 (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 S. Voluntary Cleanup Program|Section 361.606. Voluntary Cleanup Agreement

Sec. 361.606.  VOLUNTARY CLEANUP AGREEMENT.  (a)  Before the executive director evaluates any plan or report detailing the remediation goals and proposed methods of remediation, the person desiring to participate in the voluntary cleanup program must enter into a voluntary cleanup agreement that sets forth the terms and conditions of the evaluation of the reports and the implementation of work plans.(b)  A voluntary cleanup agreement must provide for:(1)  recovery by the commission of all reasonable costs:(A)  incurred by the commission in review and oversight of the person's work plan and reports and as a result of the commission's field activities;(B)  attributable to the voluntary cleanup agreement;  and(C)  in excess of the amount of fees submitted by the applicant under Section 361.604;(2)  a schedule of payments to the commission to be made by the person for recovery of all commission costs fairly attributable to the voluntary cleanup program, including direct and indirect costs of overhead, salaries, equipment, and utilities, and legal, management, and support costs;  and(3)  appropriate tasks, deliverables, and schedules.(c)  The voluntary cleanup agreement shall:(1)  identify all statutes and rules that must be complied with;(2)  describe any work plan or report to be submitted for review by the executive director, including a final report that provides all information necessary to verify that all work contemplated by the voluntary cleanup agreement has been completed;(3)  include a schedule for submitting the information required by Subdivision (2);  and(4)  state the technical standards to be applied in evaluating the work plans and reports, with reference to the proposed future land use to be achieved.(d)  If an agreement is not reached between a person desiring to participate in the voluntary cleanup program and the executive director on or before the 30th day after good faith negotiations have begun:(1)  the person or the executive director may withdraw from the negotiations;  and(2)  the commission retains the person's application fee.(e)  The commission may not initiate an enforcement action against a person who is in compliance with this section for the contamination or release that is the subject of the voluntary cleanup agreement or for the activity that resulted in the contamination or release.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.607 (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 S. Voluntary Cleanup Program|Section 361.607. Termination of Agreement; Cost Recovery

Sec. 361.607.  TERMINATION OF AGREEMENT;  COST RECOVERY.  (a)  The executive director or the person in its sole discretion may terminate the agreement by giving 15 days' advance written notice to the other.  Only those costs incurred or obligated by the executive director before notice of termination of the agreement are recoverable under the agreement if the agreement is terminated.(b)  Termination of the agreement does not affect any right the executive director has under other law to recover costs.(c)  If the person does not pay to the commission the state's costs associated with the voluntary cleanup before the 31st day after the date the person receives notice that the costs are due and owing, the attorney general, at the request of the executive director, shall bring an action in the name of the state in Travis County to recover the amount owed and reasonable legal expenses, including attorney's fees, witness costs, court costs, and deposition costs.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.608 (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 S. Voluntary Cleanup Program|Section 361.608. Voluntary Cleanup Work Plans and Reports

Sec. 361.608.  VOLUNTARY CLEANUP WORK PLANS AND REPORTS.  (a)  After signing a voluntary cleanup agreement, the person shall prepare and submit the appropriate work plans and reports to the executive director.(b)  The executive director shall review and evaluate the work plans and reports for accuracy, quality, and completeness.  The executive director may approve a voluntary cleanup work plan or report or, if a work plan or report is not approved, notify the person concerning additional information or commitments needed to obtain approval.(c)  At any time during the evaluation of a work plan or report, the executive director may request the person to submit additional or corrected information.(d)  After considering future land use, the executive director may approve work plans and reports submitted under this section that do not require removal or remedy of all discharges, releases, and threatened releases at a site if the partial response actions for the property:(1)  will be completed in a manner that protects human health and the environment;(2)  will not cause, contribute, or exacerbate discharges, releases, or threatened releases that are not required to be removed or remedied under the work plan;  and(3)  will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.609 (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 S. Voluntary Cleanup Program|Section 361.609. Certificate of Completion

Sec. 361.609.  CERTIFICATE OF COMPLETION.  (a)  If the executive director determines that a person has successfully completed a voluntary cleanup approved under this subchapter, the executive director shall certify that the action has been completed by issuing the person a certificate of completion.(b)  The certificate of completion shall:(1)  acknowledge the protection from liability provided by Section 361.610;(2)  indicate the proposed future land use;  and(3)  include a legal description of the site and the name of the site's owner at the time the application to participate in the voluntary cleanup program was filed.(c)  If the executive director determines that the person has not successfully completed a voluntary cleanup approved under this subchapter, the executive director shall notify the person who undertook the voluntary cleanup and the current owner of the site that is the subject of the cleanup of this determination.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 855, Sec. 6, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.610 (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 S. Voluntary Cleanup Program|Section 361.610. Persons Released From Liability

Sec. 361.610.  PERSONS RELEASED FROM LIABILITY.  (a)  A person who is not a responsible party under Section 361.271 or 361.275(g) at the time the person applies to perform a voluntary cleanup:(1)  does not become a responsible party solely because the person signs the application;  and(2)  is released, on certification under Section 361.609, from all liability to the state for cleanup of areas of the site covered by the certificate, except for releases and consequences that the person causes.(b)  A person who is not a responsible party under Section 361.271 or 361.275(g) at the time the commission issues a certificate of completion under Section 361.609 is released, on issuance of the certificate, from all liability to the state for cleanup of areas of the site covered by the certificate, except for releases and consequences that the person causes.(c)  The release from liability provided by this section does not apply to a person who:(1)  acquires a certificate of completion by fraud, misrepresentation, or knowing failure to disclose material information;(2)  knows at the time the person acquires an interest in the site for which the certificate of completion was issued that the certificate was acquired in a manner provided by Subdivision (1);  or(3)  changes land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 855, Sec. 7, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.611 (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 S. Voluntary Cleanup Program|Section 361.611. Permit Not Required

Sec. 361.611.  PERMIT NOT REQUIRED.  (a)  A state or local permit is not required for removal or remedial action conducted on a site as part of a voluntary cleanup under this subchapter.  A person shall coordinate a voluntary cleanup with ongoing federal and state hazardous waste programs.(b)  The commission by rule shall require that the person conducting the voluntary cleanup comply with any federal or state standard, requirement, criterion, or limitation to which the remedial action would otherwise be subject if a permit were required.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.612 (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 S. Voluntary Cleanup Program|Section 361.612. Public Participation

Sec. 361.612.  PUBLIC PARTICIPATION.  The commission may adopt rules pertaining to public participation in voluntary cleanup decisions.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.613 (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 S. Voluntary Cleanup Program|Section 361.613. Cost Report; Budget Allocation

Sec. 361.613.  COST REPORT;  BUDGET ALLOCATION.  (a)  The executive director annually shall calculate the commission's costs to administer the voluntary cleanup program under this subchapter and shall publish in the Texas Register the rates established for the purposes of identifying the costs recoverable by the commission under this subchapter.(b)  Costs recovered under this subchapter and appropriated to the commission shall be budgeted and distributed to each organizational unit of the commission solely on the basis of costs fairly attributable to the voluntary cleanup program.|Added by Acts 1995, 74th Leg., ch. 986, Sec. 1, eff. Sept. 1, 1995.|