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.
Structure Texas Statutes
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
Section 374.203. Limitation on Use of Fund for Corrective Action
Section 374.204. Limitation on Liability
Section 374.205. Limitation on Use of Fund for Third Parties
Section 374.206. Use of Other Sources of Money
Section 374.207. Eligible Owner or Registered Person Exempt From Certain Claims