reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.052. Facility Retrofitting

Sec. 374.052.  FACILITY RETROFITTING.
(a)  The commission by rule shall require dry cleaning facilities operating on or before January 1, 2004, to implement the performance standards adopted under Section 374.053 not later than January 1, 2006.
(b)  The commission by rule shall require businesses operating on or before January 1, 2004, whose annual gross receipts are $150,000 or less to implement the performance standards adopted under Sections 374.053(c)(3), (4), and (5) not later than January 1, 2015.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 1110, Sec. 19, eff. September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 19, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.053. Performance Standards for New Dry Cleaning Facilities

Sec. 374.053.  PERFORMANCE STANDARDS FOR NEW DRY CLEANING FACILITIES.  (a)  The commission by rule shall adopt performance standards for a new dry cleaning facility.
(b)  Rules adopted under this section must allow for the use of new technologies as they become available.
(c)  Rules adopted under this section must require:
(1)  proper storage and disposal of wastes generated at the facility that contain any quantity of chlorinated dry cleaning solvent;
(2)  compliance with emissions standards for hazardous air pollutants for perchloroethylene dry cleaning facilities adopted by the United States Environmental Protection Agency on September 22, 1993;
(3)  dikes or other containment structures to be:
(A)  installed around each dry cleaning unit that uses chlorinated dry cleaning solvents and each storage area for chlorinated dry cleaning solvents or waste;  and
(B)  capable of containing any leak, spill, or release of chlorinated dry cleaning solvent;
(4)  secondary containment for all new or replaced dry cleaning units, regardless of the solvent used;
(5)  all diked floor surfaces on which any chlorinated dry cleaning solvent may leak, spill, or otherwise be released to be made of epoxy, steel, or another material impervious to chlorinated dry cleaning solvents; and
(6)  all chlorinated dry cleaning solvents to be delivered to dry cleaning facilities by means of closed, direct-coupled delivery systems, when those systems have become generally available.
(d)  Rules adopted under this section shall ensure that wastewater from a dry cleaning unit using chlorinated dry cleaning solvent or discharge of chlorinated dry cleaning solvent is not discharged to a sanitary sewer, to a septic tank, or to water of this state.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.054. Completion Criteria

Sec. 374.054.  COMPLETION CRITERIA.  (a)  In determining whether a corrective action is complete, the commission shall consider the factors listed under Section 374.051(b)(3) and:
(1)  individual site characteristics, including natural remediation processes;
(2)  state water quality standards; and
(3)   additional factors the commission considers relevant.
(b)  A deviation from a state water quality standard may not result in the application of a standard that is more stringent than the applicable standard.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.055. Criteria for Administration of Chapter

Sec. 374.055.  CRITERIA FOR ADMINISTRATION OF CHAPTER.  (a)  The commission shall administer this chapter in accordance with this section.
(b)  To the maximum extent possible, the commission shall deal with contamination from dry cleaning facilities by using money in the fund.
(c)  The commission shall use money from the fund as sites are discovered in the normal course of the commission's business.
(d)  The commission shall consider interim or early corrective action that may result in an overall reduction of risk to human health and the environment and in the reduction of total costs of corrective action at a site.
(e)  The commission, in its discretion, may use innovative technology to perform corrective action.
(f)  To the maximum extent possible, money in the fund must be used to address contamination resulting from releases.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.056. Report to Governor and Legislature

Sec. 374.056.  REPORT TO GOVERNOR AND LEGISLATURE.  On or before December 1 of each even-numbered year, the executive director shall submit to the governor, lieutenant governor, speaker of the house of representatives, and members of the appropriate standing committees of the senate and the house of representatives a report regarding:
(1)  money deposited to the credit of the fund during the two previous fiscal years and the sources of the receipts;
(2)  disbursements from the fund during the two previous fiscal years and the purposes of the disbursements;
(3)  the extent of corrective action taken under this chapter during the two previous fiscal years;  and
(4)  the ranking of sites on the date the report is made.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter C. Financial Provisions › Section 374.101. Dry Cleaning Facility Release Fund

Sec. 374.101.  DRY CLEANING FACILITY RELEASE FUND.  (a)  The dry cleaning facility release fund is an account in the general revenue fund.
(b)  The fund consists of money from:
(1)  proceeds from the charges and fees imposed by this chapter;
(2)  interest attributable to investment of money in the fund;
(3)  money recovered by the state under this chapter, including any money paid:
(A)  under an agreement with the commission; or
(B)  as penalties; and
(4)  money received by the commission in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of this chapter.
(c)  Money in the fund may be appropriated only to the commission for the purposes of this chapter, including any administrative duty imposed on the commission under this chapter.
(d)  The commission may annually spend for administrative and start-up expenses incurred in fulfilling its duties under this chapter an amount of money from the fund not to exceed 15 percent of the amount of money credited to the fund in the same fiscal year as the expenditures.
(e)  Subject to the limitations of this chapter, the commission shall use only money from the fund to pay for all expenses incurred by the commission in fulfilling its duties under this chapter.
(f)  Section 403.095, Government Code, does not apply to money deposited to the fund.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter C. Financial Provisions › Section 374.102. Dry Cleaning Facility or Drop Station Registration; Fee; Posting

Sec. 374.102.  DRY CLEANING FACILITY OR DROP STATION REGISTRATION; FEE; POSTING.  (a)  Each owner of an operating dry cleaning facility or dry cleaning drop station shall register with the commission on a form provided by the commission.
(b)  An annual registration fee, the total amount of which may be divided into quarterly payments and billed on dates established by the commission, is assessed as follows:
(1)  for a dry cleaning facility that:
(A)  has gross annual receipts of more than $150,000, a fee of $2,500;
(B)  has gross annual receipts of $150,000 or less, a fee of $250;
(C)  is designated as nonparticipating under Section 374.104, a fee of $250; or
(D)  depends entirely on revenue collected from an associated dry cleaning drop station or drop stations, a fee in accordance with Paragraphs (A) and (B) determined by the combined gross annual receipts of the drop station or drop stations; or
(2)  for a dry cleaning drop station that:
(A)  has gross annual receipts of more than $150,000, a fee of $750;
(B)  has gross annual receipts of $150,000 or less, a fee of $250; or
(C)  is designated as nonparticipating under Section 374.104, a fee of $125.
(c)  Fees paid under this section shall be deposited to the credit of the fund.
(d)  The owner of a dry cleaning facility or drop station shall post the owner's registration number, in a manner prescribed by the commission, in the public area of each of the owner's operating dry cleaning facilities or drop stations.
(e)  Registration under this section must be renewed annually.
(f)  For each registration application, the commission shall request that the comptroller verify whether the owner submitting the registration application is in good standing with the state and whether the owner's selection on the registration application of the gross annual receipts classification for the dry cleaning facility or drop station agrees with information reported to the comptroller for the same tax or reporting year.  Not later than the third business day after the comptroller receives the verification request, based in part on information supplied by the commission, the comptroller shall report to the commission the owner's standing and whether the owner's application information agrees with the comptroller's information.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 8, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter C. Financial Provisions › Section 374.1022. Registration of Property Owner or Preceding Property Owner

Sec. 374.1022.  REGISTRATION OF PROPERTY OWNER OR PRECEDING PROPERTY OWNER.  (a)  The following persons may participate in the fund benefits by registering as provided by this section:
(1)  a person who owns real property on which a dry cleaning facility or drop station is or was located; or
(2)  a preceding owner of real property on which a dry cleaning facility or drop station is or was located who entered into an agreement with the current owner associated with the sale of the real property to the current owner that requires the person to be responsible for any costs associated with cleaning up contamination covered under this chapter.
(b)  For a person described by Subsection (a) to participate in fund benefits, the person must:
(1)  register with the commission on or before December 31, 2007, using a form prescribed by the commission;
(2)  include on the registration form information identifying the person as a:
(A)  property owner; or
(B)  preceding property owner; and
(3)  pay the annual registration fee of $1,500.
(c)  A person described by Subsection (a) may participate in the fund benefits by registering after December 31, 2007, in the same manner as provided by Subsection (b).  A person registering after that date must also pay:
(1)  all past annual registration fees; and
(2)  a late fee of $100 for each month or partial month that has elapsed between December 2007 and the date of the registration.
(d)  The annual registration fee may be divided into quarterly payments due over the year on dates established by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter C. Financial Provisions › Section 374.103. Fee on Purchase of Dry Cleaning Solvent; Disposition of Proceeds

Sec. 374.103.  FEE ON PURCHASE OF DRY CLEANING SOLVENT;  DISPOSITION OF PROCEEDS.  (a)  Except as provided by Subsection (b) and Section 374.104(d), a fee of $20 per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene and $3 per gallon on the purchase of any other dry cleaning solvent by an owner of a dry cleaning facility.  The person who distributes the solvent shall collect the fees and shall pay to the commission the amount due, in accordance with Subsection (a-1).
(a-1)  A person who distributes dry cleaning solvent must register as a distributor with the commission.  A registered distributor is entitled to withhold one percent of the amount of the fee imposed by Subsection (a) for the distributor's administrative expenses if the distributor pays the remaining amount to the commission not later than the date prescribed by the commission.
(b)  Subsection (a) does not apply to a dry cleaning facility designated as nonparticipating under Section 374.104.
(c)  A person who distributes dry cleaning solvent may not sell the solvent for use in a dry cleaning facility unless the person first obtains and records the registration number of the owner of the facility.
(d)  The commission shall adopt any procedures needed for the collection, administration, and enforcement of the fee imposed by this section and shall deposit all remitted fees to the credit of the fund.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.151. Response to Release

Sec. 374.151.  RESPONSE TO RELEASE.  (a)  A person may not knowingly allow a release.
(b)  A person who knows of a release of more than one quart of a chlorinated dry cleaning solvent or of more than one gallon of a non-chlorinated dry cleaning solvent shall:
(1)  immediately contain and control the release; and
(2)  notify the commission of the release before the expiration of 24 hours after the person learns of the release.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.152. Investigation and Assessment of Release; Emergency Action

Sec. 374.152.  INVESTIGATION AND ASSESSMENT OF RELEASE;  EMERGENCY ACTION.  (a)  If a release or a potential release poses a threat to human health or to the environment, the commission shall:
(1)  investigate and assess the extent of the resulting contamination;  and
(2)  take necessary or appropriate emergency action to ensure that human health or safety is not threatened by the release or the potential release.
(b)  Emergency action under Subsection (a)(2) may include the treatment, restoration, or replacement of drinking water supplies.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.153. Corrective Action

Sec. 374.153.  CORRECTIVE ACTION.  (a)  Subject to Subchapter E, the commission shall take corrective action for a release from a dry cleaning facility that results in contamination, including contamination that may have moved off the dry cleaning facility.
(b)  Corrective action includes the cleanup of affected soil, groundwater, or surface water using the most cost-effective method that:
(1)  is technologically feasible and reliable;
(2)  provides adequate protection of human health and the environment;  and
(3)  minimizes, to the extent practical, environmental damage.
(c)  The commission shall:
(1)  operate and maintain corrective action;
(2)  monitor releases from a dry cleaning facility, including contamination that may have moved off the dry cleaning facility;
(3)  pay the reasonable costs incurred by the commission in providing field and laboratory services;  and
(4)  pay the reasonable costs of restoring property, as nearly as practicable, to the conditions that existed before the activities associated with:
(A)  the investigation of a release;
(B)  a cleanup;  or
(C)  related corrective action.
(d)  The commission shall ensure the removal and proper disposal of wastes generated by a release.
(e)  Except as provided by Subchapter E, the commission shall pay the costs of corrective action conducted under this subchapter by the commission or by other entities approved by the commission, regardless of whether the corrective action is included in a corrective action plan.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.1535. Site Restrictions After Corrective Action

Sec. 374.1535.  SITE RESTRICTIONS AFTER CORRECTIVE ACTION.  (a)  If the commission has completed corrective action at a dry cleaning site, perchloroethylene may not be used at that site.
(b)  If the owner of a dry cleaning site uses perchloroethylene at the site after the completion of corrective action at that site, the site is not eligible for future corrective action using money from the fund.
Added by Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.154. Ranking of Contaminated Dry Cleaning Sites

Sec. 374.154.  RANKING OF CONTAMINATED DRY CLEANING SITES.  (a)  For a contaminated dry cleaning site that does not require emergency action under Section 374.152, the commission shall assign a rank for the site relative to other sites previously ranked and awaiting corrective action based on information contained in the application for ranking.
(b)  The following persons are eligible to apply for a site to be ranked under Subsection (a):
(1)  a person who is an owner of the dry cleaning facility or drop station; and
(2)  a person who is registered with the commission under Section 374.1022.
(c)  If the applicant for ranking:
(1)  is not an owner of the real property, the application must include proof that an owner of the real property has been notified of the application;
(2)  is an owner of the real property and the dry cleaning facility or drop station is leased, the application must include proof that a lessee has been notified of the application; or
(3)  is a person described by Section 374.1022(a)(2), the application must include proof that the owner of the real property and any lessee have been notified of the application.
(d)  The application for ranking must contain information and evidence required by commission rule to aid in ranking.  The information and evidence required may include:
(1)  water or soil samples;
(2)  analyses of the water or soil samples;
(3)  hydrogeologic information from the contaminated site;
(4)  information concerning the site's proximity to a private or public water supply;  and
(5)  other information or evidence the commission considers necessary.
(e)  The costs incurred by an applicant in collecting the information and evidence under Subsection (d) shall be credited against the deductible payable by the applicant under Section 374.203(d).
(f)  The commission shall notify the applicant of the relative ranking the commission assigns the applicant's site on or before the 90th day after the date the application is received by the commission.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter D. Response to Release; Corrective Action › Section 374.155. Power to Modify Commission Rankings or Postpone Corrective Actions

Sec. 374.155.  POWER TO MODIFY COMMISSION RANKINGS OR POSTPONE CORRECTIVE ACTIONS.  The commission may:
(1)  modify the ranked status of a site as warranted under the system of priorities established under Section 374.051(b)(3);  or
(2)  postpone temporarily the completion of a corrective action for which money from the fund is being used, if the postponement is necessary to make money available for corrective action at a site with a higher ranking.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.202. Owner Responsibility

Sec. 374.202.  OWNER RESPONSIBILITY.  (a)  The commission may hold an owner responsible for up to 100 percent of the costs of corrective action attributable to the owner if the commission finds, after notice and an opportunity for a hearing that:
(1)  requiring the owner to bear the responsibility will not prejudice another owner or person who is eligible, under this chapter, to have corrective action costs paid by the fund;  and
(2)  the owner:
(A)  caused a release by operating practices contrary to those generally in use at the time of the release;
(B)  is in arrears for money owed under this chapter, after notice and an opportunity to correct the arrearage;
(C)  obstructed the efforts of the commission to carry out its obligations under this chapter other than by the exercise of the owner's legal rights;
(D)  caused or allowed the release because of a material violation of the performance standards established by this chapter or the rules adopted by the commission under this chapter;  or
(E)  has more than once violated Section 374.151 or related commission rules.
(b)  To the extent that an owner is responsible for corrective action costs under this subsection, the owner is not entitled to the exemption under Section 374.207.
(c)  The commission, or the attorney general at the request of the commission, may bring a civil action to recover any amounts owed to the commission under this section.  The commission or attorney general, as applicable, may recover court costs, the costs of preparing for litigation, and reasonable attorney's fees incurred in an action brought under this section.  An owner is jointly and severally liable with any other defendant for the entire amount of costs.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.203. Limitation on Use of Fund for Corrective Action

Sec. 374.203.  LIMITATION ON USE OF FUND FOR CORRECTIVE ACTION.  (a)  In this section, "contaminated dry cleaning site" means the areal extent of soil or groundwater contamination with dry cleaning solvents.
(b)  The commission may not use money from the fund for the payment of costs in excess of $5 million for corrective action at a single contaminated dry cleaning site.
(c)  Except for dry cleaning sites that require emergency action under Section 374.152, the commission may not use money from the fund for corrective action at a contaminated dry cleaning site unless an eligible person applies for the ranking under Section 374.154 and is not otherwise ineligible for corrective action under this chapter.
(d)  The owner of a dry cleaning facility or drop station, or other person who submits the application for ranking the facility under Section 374.154, shall pay as a nonrefundable deductible the first $5,000 of corrective action costs incurred because of a release from the dry cleaning facility or drop station.  The commission may take corrective action regardless of whether the commission obtains the deductible.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.204. Limitation on Liability

Sec. 374.204.  LIMITATION ON LIABILITY.  The fund, the commission, the executive director, this state, or agents or employees of this state may not be held liable for loss of business, damages, or taking of property associated with any corrective action taken under this chapter.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.205. Limitation on Use of Fund for Third Parties

Sec. 374.205.  LIMITATION ON USE OF FUND FOR THIRD PARTIES.  Money from the fund may not be used to compensate third parties for bodily injury or property damage caused by a release, other than property damage included in a corrective action plan approved by the commission.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.206. Use of Other Sources of Money

Sec. 374.206.  USE OF OTHER SOURCES OF MONEY.  This chapter does not create a liability or responsibility on the part of the commission, the executive director, this state, or agents or employees of this state to pay any corrective action costs from a source other than the fund or to take corrective action if the amount of money in the fund is insufficient.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.207. Eligible Owner or Registered Person Exempt From Certain Claims

Sec. 374.207.  ELIGIBLE OWNER OR REGISTERED PERSON EXEMPT FROM CERTAIN CLAIMS. If an owner or a person registered under Section 374.1022 is eligible under this chapter to have corrective action costs paid by the fund, an administrative or judicial claim may not be made under state law against the owner or other person by or on behalf of this state or by any other person, except a political subdivision, to compel corrective action or seek recovery of the costs of corrective action that result from the release.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1091 (H.B. 3220), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter E. Liability and Responsibility › Section 374.208. Unauthorized Payments

Sec. 374.208.  UNAUTHORIZED PAYMENTS.  (a)  The commission may pay costs from the fund under this chapter only if the costs are:
(1)  integral to corrective action for a release;  or
(2)  required for the administration or enforcement of this chapter.
(b)  The commission may not spend money from the fund:
(1)  for corrective action at a site contaminated by solvents normally used in dry cleaning operations, if the contamination did not result from the operation of a dry cleaning facility;
(2)  for corrective action at a site, other than a dry cleaning facility, that is contaminated by dry cleaning solvents that were released while being transported to or from a dry cleaning facility by a person other than the owner of the dry cleaning facility or the owner's agents or employees;  or
(3)  for the payment of any costs:
(A)  associated with a fine or penalty brought against a dry cleaning facility owner under state or federal law;  or
(B)  related to corrective action at a dry cleaning facility that:
(i)  has been included by the United States Environmental Protection Agency on the national priorities list;  or
(ii)  is a hazardous waste facility eligible for listing on the state registry under Subchapter F, Chapter 361.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration › Section 374.251. Review of Orders

Sec. 374.251.  REVIEW OF ORDERS.  (a)  A person affected by an order of the commission under this chapter may, on or before the 15th day after the date of service of the order, make a written request for a hearing.
(b)  A person affected by the final order in an administrative hearing under Subsection (a) is entitled to judicial review and may appeal the order on or before the 31st day after the date on which the order was rendered.  If the state prevails in an appeal filed under this subsection, the state is entitled to recover reasonable expenses incurred in obtaining the judgment, including reasonable attorney's fees, costs involved in preparing for the litigation, and witness fees.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration › Section 374.2511. Closure of Unregistered Facility

Sec. 374.2511.  CLOSURE OF UNREGISTERED FACILITY.  The commission may issue a notice of violation to the owner or operator of a dry cleaning facility or dry cleaning drop station that is not registered under Section 374.102.  The notice must inform the owner or operator of the nature of the violation and state that the commission may order the dry cleaning facility or dry cleaning drop station to cease operation if the violation is not corrected within 30 days after the receipt of the notice.  If the owner or operator does not correct the violation within the prescribed time, the commission may order the dry cleaning facility or dry cleaning drop station to cease operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 963 (H.B. 3547), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration › Section 374.252. Violations; Penalties

Sec. 374.252.  VIOLATIONS; PENALTIES.  (a)  A person is subject to an administrative penalty under Section 7.0525, Water Code, if the person:
(1)  operates a dry cleaning facility or drop station in violation of this chapter, rules adopted under this chapter, or orders of the commission made under this chapter;
(2)  prevents or hinders a properly identified authorized officer, employee, or agent of the commission, or a properly identified person under order of or contract with the commission, from entering, inspecting, sampling, or responding to a release as authorized by this chapter;
(3)  knowingly makes any false material statement or representation in any record, report, or other document filed, maintained, or used for the purpose of compliance with this chapter;
(4)  knowingly destroys, alters, or conceals any record that this chapter or rules adopted under this chapter require to be maintained;  or
(5)  violates Section 374.151 or related commission rules.
(b)  If a registration fee is not paid on or before the 30th day after the date the fee is due, the commission may assess a penalty not to exceed $50 per day for each day the fee is not paid.
(c)  If a registration application for an operating dry cleaning facility or drop station is not filed with the commission on or before the 30th day after the date the application is due, the commission may assess a penalty not to exceed $50 per day for each day the application is not filed.
(d)  The commission may use normal commission procedures for the collection of penalties and interest on a penalty imposed under this section.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 16, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter F. Review of Orders and Decisions; Violations; Penalties; Expiration › Section 374.253. Expiration

Sec. 374.253.  EXPIRATION.  (a)  This chapter expires on September 1, 2041.
(b)  A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2041, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date.
(c)  The commission may continue a corrective action that has not progressed beyond the investigative or planning stage after September 1, 2041, to the extent money from the fund is available.
(d)  Any unobligated money remaining in the fund after the completion of all corrective actions under Subsection (b) shall be transferred to the general revenue fund to the credit of the commission or a successor agency.  The fund is abolished on the date of the transfer.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 17, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 38 (S.B. 872), Sec. 1, eff. May 15, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter A. General Provisions › Section 382.001. Short Title

Sec. 382.001.  SHORT TITLE.  This chapter may be cited as the Texas Clean Air Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter A. General Provisions › Section 382.002. Policy and Purpose

Sec. 382.002.  POLICY AND PURPOSE.  (a)  The policy of this state and the purpose of this chapter are to safeguard the state's air resources from pollution by controlling or abating air pollution and emissions of air contaminants, consistent with the protection of public health, general welfare, and physical property, including the esthetic enjoyment of air resources by the public and the maintenance of adequate visibility.
(b)  It is intended that this chapter be vigorously enforced and that violations of this chapter or any rule or order of the Texas Commission on Environmental Quality result in expeditious initiation of enforcement actions as provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.139, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0893, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter A. General Provisions › Section 382.004. Construction While Permit Amendment Application Pending

Sec. 382.004.  CONSTRUCTION WHILE PERMIT AMENDMENT APPLICATION PENDING.  (a)  To the extent permissible under federal law, notwithstanding Section 382.0518, and except as provided by Subsection (c), a person who submits an application for a permit amendment may, at the person's own risk, begin construction related to the application after the executive director has issued a draft permit including the permit amendment.
(b)  The commission may not consider construction begun under this section in determining whether to grant the permit amendment sought in the application.
(c)  A person may not begin construction under this section if the facility that is the subject of the permit amendment is a concrete batch plant located within 880 yards of a property that is used as a residence.
(d)  The commission shall adopt rules to implement this section.
Added by Acts 2005, 79th Leg., Ch. 422 (S.B. 1740), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1134 (H.B. 2726), Sec. 1, eff. January 1, 2020.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter A. General Provisions › Section 382.005. Exclusive Jurisdiction to Regulate Greenhouse Gas Emissions and Express Preemption of Local Regulations

Sec. 382.005.  EXCLUSIVE JURISDICTION TO REGULATE GREENHOUSE GAS EMISSIONS AND EXPRESS PREEMPTION OF LOCAL REGULATIONS.  (a)  In this section, "greenhouse gas emissions" has the meaning assigned by Section 382.05102.
(b)  To the extent not preempted by federal law, the state has exclusive jurisdiction over the regulation of greenhouse gas emissions in this state.
(c)  A municipality or other political subdivision may not enact or enforce an ordinance or other measure that directly regulates greenhouse gas emissions.
Added by Acts 2023, 88th Leg., R.S., Ch. 198 (S.B. 784), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.011. General Powers and Duties

Sec. 382.011.  GENERAL POWERS AND DUTIES.  (a)  The commission shall:
(1)  administer this chapter;
(2)  establish the level of quality to be maintained in the state's air;  and
(3)  control the quality of the state's air.
(b)  The commission shall seek to accomplish the purposes of this chapter through the control of air contaminants by all practical and economically feasible methods.
(c)  The commission has the powers necessary or convenient to carry out its responsibilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.012. State Air Control Plan

Sec. 382.012.  STATE AIR CONTROL PLAN.  The commission shall prepare and develop a general, comprehensive plan for the proper control of the state's air.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.013. Air Quality Control Regions

Sec. 382.013.  AIR QUALITY CONTROL REGIONS.  The commission may designate air quality control regions based on jurisdictional boundaries, urban-industrial concentrations, and other factors, including atmospheric areas, necessary to provide adequate implementation of air quality standards.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.014. Emission Inventory

Sec. 382.014.  EMISSION INVENTORY.  The commission may require a person whose activities cause emissions of air contaminants to submit information to enable the commission to develop an inventory of emissions of air contaminants in this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.0145. Clean Fuel Incentive Surcharge

Sec. 382.0145.  CLEAN FUEL INCENTIVE SURCHARGE.  (a)  The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15 of each year in an industrial or utility boiler that is:
(1)  capable of using natural gas;  and
(2)  located in a consolidated metropolitan statistical area or metropolitan statistical area with a population of 350,000 or more that has not met federal ambient air quality standards for ozone.
(b)  The commission may not levy the clean fuel incentive surcharge on:
(1)  waste oils, used oils, or hazardous waste-derived fuels burned for purposes of energy recovery or disposal, if the commission or the United States Environmental Protection Agency approves or permits the burning;
(2)  fuel oil used during:
(A)  any period of full or partial natural gas curtailment;
(B)  any period when there is a failure to deliver sufficient quantities of natural gas to satisfy contractual obligations to the purchaser;  or
(C)  a catastrophic event as defined by Section 382.063;
(3)  fuel oil used between April 15 and October 15 in equipment testing or personnel training up to an aggregate of the equivalent of 48 hours full-load operation;  or
(4)  any firm engaged in fixed price contracts with public works agencies for contracts entered into before August 28, 1989.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.015. Power to Enter Property

Sec. 382.015.  POWER TO ENTER PROPERTY.  (a)  A member, employee, or agent of the commission may enter public or private property, other than property designed for and used exclusively as a private residence housing not more than three families, at a reasonable time to inspect and investigate conditions relating to emissions of air contaminants to or the concentration of air contaminants in the atmosphere.
(b)  A member, employee, or agent who enters private property that has management in residence shall:
(1)  notify the management, or the person then in charge, of the member's, employee's, or agent's presence;  and
(2)  show proper credentials.
(c)  A member, employee, or agent who enters private property shall observe that establishment's rules concerning safety, internal security, and fire protection.
(d)  The commission is entitled to the remedies provided by Sections 382.082-382.085 if a member, employee, or agent is refused the right to enter public or private property as provided by this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.144, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.016. Monitoring Requirements; Examination of Records

Sec. 382.016.  MONITORING REQUIREMENTS;  EXAMINATION OF RECORDS.  (a)  The commission may prescribe reasonable requirements for:
(1)  measuring and monitoring the emissions of air contaminants from a source or from an activity causing or resulting in the emission of air contaminants subject to the commission's jurisdiction under this chapter;  and
(2)  the owner or operator of the source to make and maintain records on the measuring and monitoring of emissions.
(b)  A member, employee, or agent of the commission may examine during regular business hours any records or memoranda relating to the operation of any air pollution or emission control equipment or facility, or relating to emission of air contaminants.  This subsection does not authorize the examination of records or memoranda relating to the operation of equipment or a facility on property designed for and used exclusively as a private residence housing not more than three families.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.145, eff. Sept. 1, 1995.