Texas Health And Safety Code Title 5, Chapter 374 - Dry Cleaner Environmental Response

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 374.001 - Definitions
  In this chapter: (1) Repealed by Acts 2005, 79th Leg., Ch. 1110, Sec. 19, eff. September 1, 2005. (2) "Chlorinated dry cleaning solvent" means any...
• Texas Section 374.002 - Applicability Of Other Law
  To the extent that this chapter is inconsistent or in conflict with Chapter 361 or other general law, this chapter prevails. Added by Acts 2003,...
• Texas Section 374.003 - Applicability To Governmental Bodies
  This chapter does not apply to: (1) a governmental entity, including a governmental agency or prison; or (2) a political subdivision of this state, including...

SUBCHAPTER B RULES, STANDARDS, CRITERIA, AND REPORTS

• Texas Section 374.004 - Advisory Committee
  (a) The executive director shall appoint an advisory committee composed of: (1) three representatives of the dry cleaning industry who shall provide professional and practical...
• Texas Section 374.051 - Commission Rules And Standards
  (a) The commission, with the assistance of the advisory committee, shall adopt rules necessary to administer and enforce this chapter. Rules adopted under this section...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C FINANCIAL PROVISIONS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 374.1023 - Lien
  (a) In addition to other remedies available under other law, a lien is imposed against the real property that is subject to a corrective action...
• Texas Section 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...

SUBCHAPTER D RESPONSE TO RELEASE; CORRECTIVE ACTION

• Texas Section 374.104 - Option Not To Participate In Fund Benefits
  (a) The owner of a dry cleaning facility or drop station may file with the commission an option for the facility or drop station not...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E LIABILITY AND RESPONSIBILITY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F REVIEW OF ORDERS AND DECISIONS; VIOLATIONS; PENALTIES; EXPIRATION

• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 374.253 - Expiration
  (a) This chapter expires on September 1, 2021. (b) A corrective action, including any administrative duties associated with the action, for which remediation of a...

Last modified: September 28, 2016