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 361 - Solid Waste Disposal Act › Subchapter Q. Pollution Prevention › Section 361.5061. Planning and Reporting Requirements: Institutions of Higher Education

Sec. 361.5061.  PLANNING AND REPORTING REQUIREMENTS:  INSTITUTIONS OF HIGHER EDUCATION.  An institution of higher education that is required to develop a source reduction and waste minimization plan under this subchapter for more than one facility may:
(1)  develop and submit one plan that covers all of the facilities; and
(2)  submit one annual report and one executive summary under Section 361.506 that covers all of the facilities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 67, eff. September 1, 2013.
2023 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 Q. Pollution Prevention › Section 361.507. Administrative Completeness

Sec. 361.507.  ADMINISTRATIVE COMPLETENESS.  (a)  The commission may review a source reduction and waste minimization plan or annual report to determine whether the plan or report complies with this subchapter and rules adopted under Section 361.504, 361.505, or 361.506, as appropriate.
(b)  Failure to have a source reduction and waste minimization plan in accordance with Sections 361.504 and 361.505 or failure to submit a source reduction and waste minimization annual report in accordance with Section 361.506 is a violation of this chapter.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.437 and amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.88, eff. Sept. 1, 1995.
2023 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 Q. Pollution Prevention › Section 361.508. Confidentiality

Sec. 361.508.  CONFIDENTIALITY.  (a)  A source reduction and waste minimization plan shall be maintained at each facility owned or operated by a person who is subject to this subchapter and shall be available to commission personnel for inspection.  The source reduction and waste minimization plan is not a public record for the purposes of Chapter 552, Government Code.
(b)  The executive summary and the annual report are public records.  On request, the person shall make available to the public a copy of the executive summary or annual report.
(c)  If an owner or operator of a facility for which a source reduction and waste minimization plan has been prepared shows to the satisfaction of the commission that an executive summary, annual report, or portion of a summary or report prepared under this subchapter would divulge a trade secret if made public, the commission shall classify as confidential the summary, report, or portion of the summary or report.
(d)  To the extent that a plan, executive summary, annual report, or portion of a plan, summary, or annual report would otherwise qualify as a trade secret, an action by the commission or an employee of the commission does not affect its status as a trade secret.
(e)  Information classified by the commission as confidential under this section is not a public record for purposes of Chapter 552, Government Code, and may not be used in a public hearing or disclosed to a person outside the commission unless a court decides that the information is necessary for the determination of an issue being decided at the public hearing.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.438 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), 11.89, eff. Sept. 1, 1995.
2023 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 361.531. Definitions

Sec. 361.531.  DEFINITIONS.  In this subchapter:
(1)  "Develop" or "development" means an activity on or related to real property that is intended to lead to the construction or alteration of an enclosed structure for the use or occupation of people for a commercial or public purpose or to the construction of residences for three or more families.
(2)  "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives municipal solid waste or other solid wastes approved under this chapter and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined by 40 C.F.R. Section 257.2.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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 361.532. Permit Required for Development of Certain Land

Sec. 361.532.  PERMIT REQUIRED FOR DEVELOPMENT OF CERTAIN LAND.  (a)  The owner or lessee of land located over any part of a closed municipal solid waste landfill unit may not develop the land unless the owner or lessee holds a permit for the development issued under this subchapter.
(b)  This subchapter does not apply to an activity associated with solid waste disposal that is approved by the commission.
(c)  The commission shall charge any applicant for a permit under this subchapter the actual cost of reviewing any application prior to the issuance of a permit.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.92, eff. Sept. 1, 1995.
2023 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 361.533. Application for Development Permit

Sec. 361.533.  APPLICATION FOR DEVELOPMENT PERMIT.  (a)  The owner or lessee of land located over any part of a closed municipal solid waste landfill facility may apply for a permit to develop the land.  The owner or lessee shall submit to the executive director an application for a permit on forms prescribed by the commission not later than 45 days before the development begins.  The application must include a registered professional engineer's verified certification that the proposed development is necessary to reduce a potential threat to public health or the environment or that the proposed development will not increase or create a potential threat to public health or the environment.  The certification must indicate the registered professional engineer's determination of whether the proposed development will damage the integrity or function of any component of the landfill's:
(1)  final cover;
(2)  containment systems;
(3)  monitoring systems;  or
(4)  liners.
(b)  The engineer's certification required under Subsection (a) must include documentation of all studies or data on which the engineer relied.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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 361.534. Permit Public Meeting

Sec. 361.534.  PERMIT PUBLIC MEETING.  (a)  The commission may hold a public meeting on an application under this subchapter.
(b)  The commission shall hold a public meeting on an application under this subchapter:
(1)  on the request of a member of the legislature who represents the general area in which the development is proposed to be located; or
(2)  if the executive director determines that there is substantial public interest in the proposed development.
(c)  The commission by mail shall notify the applicant of the date, time, and place of the public meeting.  The commission shall require the applicant to publish notice of the public meeting in a newspaper that is generally circulated in each county in which the property proposed for development is located.  The published notice must appear at least once a week for the two weeks before the date of the public meeting.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), 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 361 - Solid Waste Disposal Act › Subchapter R. Use of Land Over Municipal Solid Waste Landfills › Section 361.535. Issuance of Permit; Permit Conditions

Sec. 361.535.  ISSUANCE OF PERMIT;  PERMIT CONDITIONS.  (a)  The commission may issue a permit for the development of land over a closed municipal solid waste landfill facility only if the commission finds that the proposed development will not increase or create a potential threat to public health or the environment.
(b)  The commission may impose conditions on a permit that are designed to prevent a threat to public health or the environment.  Conditions may include:
(1)  restrictions on building types, construction methods, pilings, boring, or digging;
(2)  requiring ventilation, emissions or water quality monitoring devices, soil testing, warnings to subsequent owners or lessees, maintenance of structures or landfill containment, or the placement of additional soil layers or building pads;  or
(3)  any other conditions the commission finds to be reasonable and necessary to protect the public health or the environment or to ensure compliance with rules or conditions adopted or imposed under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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 361.536. Requirements for Structures on Closed Municipal Solid Waste Landfill Facility

Sec. 361.536.  REQUIREMENTS FOR STRUCTURES ON CLOSED MUNICIPAL SOLID WASTE LANDFILL FACILITY.  (a)  The owner or lessee of an existing or new structure that overlies a closed municipal solid waste landfill facility shall install automatic methane gas sensors approved by the commission and designed to trigger an audible alarm if the volumetric concentration of methane in the sampled air is greater than one percent.
(b)  In the development of land that overlies a closed municipal solid waste landfill facility, a person may not, unless approved by the commission:
(1)  drive piling into or through the final cover or a liner;
(2)  bore through or otherwise penetrate the final cover or a liner;  or
(3)  construct an enclosed area under the natural grade of the land or under the grade of the final cover of the closed landfill.
(c)  The owner or lessee of a structure built over a closed municipal solid waste landfill facility shall modify the structure as is necessary to comply with commission rules for a new structure that overlies a landfill to minimize the effects of, or to prevent, gas accumulation.  The commission shall adopt rules to allow the owner or lessee of a structure a reasonable amount of time to make required modifications.
(d)  The commission by rule shall require plans for a new structure over a closed municipal solid waste landfill facility to prevent or minimize the effects of harmful gas accumulation.  At a minimum, the commission shall require:
(1)  ventilation or active gas collection systems;
(2)  a low gas-permeable membrane and a vented, permeable layer of an open-graded, clean aggregate material installed between the area below the slab for the structure and the soil of the final cover;  and
(3)  automatic methane gas sensors that will sound an audible alarm if the sensor detects a methane gas volumetric concentration of greater than one percent installed:
(A)  within the venting pipe or permeable layer;  and
(B)  inside the structure.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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 361.537. Lease Restriction; Notice to Lessee

Sec. 361.537.  LEASE RESTRICTION;  NOTICE TO LESSEE.  A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless:
(1)  existing development on the land is in compliance with this subchapter;  or
(2)  the person gives notice to the prospective lessee of what is required to bring the land and any development on the land into compliance with this subchapter and the prohibitions or requirements for future development imposed by this subchapter and by any permit issued for the land under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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 361.538. Soil Test Required Before Development of Certain Land

Sec. 361.538.  SOIL TEST REQUIRED BEFORE DEVELOPMENT OF CERTAIN LAND.  (a)  A person may not undertake the development of a tract of land that is greater than one acre in area unless the person has conducted soil tests, in accordance with commission rules, to determine whether any part of the tract overlies a closed municipal solid waste landfill facility.
(b)  Tests under this section must be conducted by a registered professional engineer.
(c)  If an engineer who conducts a test under this section determines that part of the tract overlies a closed municipal solid waste landfill facility, the engineer shall notify the following persons of the determination:
(1)  each owner and each lessee of the tract;
(2)  the commission;  and
(3)  any local governmental official with the authority to disapprove an application for development.
(d)  A local government official who receives a notice under this section shall prepare a written notice stating the legal description of the portion of the tract that overlies a closed municipal solid waste landfill facility, the current owner of the tract, notice of the tract's former use, and notice of the restrictions on the development or lease of the land imposed by this subchapter.  The official shall file for record the notice in the real property records in the county where the tract is located.
(e)  The owner or lessee of land for which a test is done under this section shall send the test results to the executive director not later than the 30th day before the development begins.
Added by Acts 1993, 73rd Leg., ch. 770, Sec. 1, eff. Sept. 1, 1993.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 T. Fiduciary Liability › Section 361.651. Definitions

Sec. 361.651.  DEFINITIONS.  In this subchapter:
(1)  "Fiduciary":
(A)  means a person acting for the benefit of another party as a bona fide:
(i)  trustee;
(ii)  executor;
(iii)  administrator;
(iv)  custodian;
(v)  guardian of an estate or guardian ad litem;
(vi)  receiver;
(vii)  conservator;
(viii)  committee of the estate of an incapacitated person;
(ix)  personal representative;
(x)  trustee, including a successor to a trustee, under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender;  or
(xi)  representative in any other capacity that the commission, after providing public notice, determines to be similar to the capacities described in Subparagraphs (i)-(x);  and
(B)  does not include:
(i)  a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, one or more estate plans or because of the incapacity of a natural person;  or
(ii)  a person that acquires ownership or control of a solid waste facility with the objective purpose of avoiding liability of the person or of any other person.
(2)  "Fiduciary capacity" means the capacity of a person in holding title to a solid waste facility or otherwise having control of or an interest in the solid waste facility pursuant to the exercise of the responsibilities of the person as a fiduciary.
(3)  "Solid waste facility":
(A)  means:
(i)  all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste, including a publicly or privately owned solid waste facility consisting of several processing, storage, or disposal operational units such as one or more landfills, surface impoundments, or a combination of units;  and
(ii)  any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located;  and
(B)  does not include a:
(i)  consumer product in consumer use;  or
(ii)  vessel.
Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.
2023 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 V. Immunity From Liability of Innocent Owner or Operator › Section 361.751. Definitions

Sec. 361.751.  DEFINITIONS.  In this subchapter:
(1)  "Contaminant" has the meaning assigned by Section 361.601.
(2)  "Innocent owner or operator" means a person that:
(A)  is an owner or operator of property that has become contaminated as a result of a release or migration of contaminants from a source or sources not located on or at the property;  and
(B)  did not cause or contribute to the source or sources of the contamination referred to in Paragraph (A).
Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.
2023 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 V. Immunity From Liability of Innocent Owner or Operator › Section 361.752. Immunity From Liability; Access to Property

Sec. 361.752.  IMMUNITY FROM LIABILITY;  ACCESS TO PROPERTY.  (a)  An innocent owner or operator of property is not liable under this code or the Water Code for investigation, monitoring, remediation, or corrective or other response action regarding the conditions attributable to a release or migration of a contaminant or otherwise liable regarding those conditions.
(b)  A person that acquires a portion of the tract on which the source of a release of contaminants is located from the person that caused the release is eligible for immunity under Subsection (a) only if, after appropriate inquiry consistent with good commercial or customary practice, the person did not know or have reason to know of the contamination at the time the person acquired the property.
(c)  To be eligible for immunity under Subsection (a), an owner or operator must grant reasonable access to the property for purposes of investigation or remediation to a person designated by the executive director.  An agreement for reasonable access may provide:
(1)  that the designated person may not unreasonably interfere with the use of the property;
(2)  for payment of reasonable compensation for access to the property;  or
(3)  that the owner or operator is indemnified from liability for an intentional or negligent act of the designated person arising from the person's access to and use of the property.
(d)  This section does not limit any right of the commission under another provision of this code or the Water Code to obtain access to the property.
Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.
2023 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 V. Immunity From Liability of Innocent Owner or Operator › Section 361.753. Certification

Sec. 361.753.  CERTIFICATION.  (a)  A person may apply to the commission for a certificate confirming that the person is an innocent owner or operator.  The application must include a complete site investigation report that demonstrates that:
(1)  the property has become contaminated as a result of a release or migration of contaminants from a source or sources not located on or at the property;
(2)  the owner or operator has not caused or contributed to the source or sources of the contamination referred to in Subdivision (1);  and
(3)  the owner or operator is eligible for immunity under Section 361.752(b).
(b)  The commission may charge an application fee in an amount not to exceed the cost of reviewing the application.  The commission shall deposit a fee collected under this subsection to the credit of the hazardous and solid waste remediation fee account.
(c)  Not later than the 45th day after the date the commission receives the application, the commission shall notify the applicant whether the application is complete.
(d)  Not later than the 90th day after the date the commission receives the application, the commission shall:
(1)  issue or deny the certificate;  or
(2)  notify the applicant of any additional information needed to review the application.
(e)  Not later than the 45th day after the date the commission receives the additional information requested under Subsection (d)(2), the commission shall issue or deny the certificate.
(f)  The certificate evidences the immunity from liability of the applicant as provided by Section 361.752.
(g)  The commission may condition the issuance of the certificate on the placement of restrictions on the use of the property that are reasonably necessary to protect the public health, including:
(1)  institutional controls such as deed restrictions or municipal zoning restrictions;  or
(2)  at the owner's or operator's option, other control measures.
Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.010, 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 361 - Solid Waste Disposal Act › Subchapter V. Immunity From Liability of Innocent Owner or Operator › Section 361.754. Rights of Innocent Owner or Operator Regarding Contamination From Source Not Located on or at Property

Sec. 361.754.  RIGHTS OF INNOCENT OWNER OR OPERATOR REGARDING CONTAMINATION FROM SOURCE NOT LOCATED ON OR AT PROPERTY.  This subchapter does not limit the right of an innocent owner or operator to pursue any remedy available at law or in equity for conditions attributable to the release or migration of contaminants from a source or sources that are not located on or at the property.
Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.