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.
Structure Texas Statutes
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
Section 361.6035. Eligibility of Certain Persons for Release From Liability
Section 361.604. Application to Participate in Voluntary Cleanup Program
Section 361.605. Rejection of Application
Section 361.606. Voluntary Cleanup Agreement
Section 361.607. Termination of Agreement; Cost Recovery
Section 361.608. Voluntary Cleanup Work Plans and Reports
Section 361.609. Certificate of Completion
Section 361.610. Persons Released From Liability
Section 361.611. Permit Not Required