Sec. 91.657. TERMINATION OF AGREEMENT; COST RECOVERY. (a) The commission 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 commission 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 commission 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 commission, 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 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
Structure Texas Statutes
Subtitle B - Conservation and Regulation of Oil and Gas
Chapter 91 - Provisions Generally Applicable
Subchapter O. Railroad Commission Voluntary Cleanup Program
Section 91.653. Eligibility for Voluntary Cleanup Program
Section 91.654. Application to Participate in Voluntary Cleanup Program
Section 91.655. Rejection of Application
Section 91.656. Voluntary Cleanup Agreement
Section 91.657. Termination of Agreement; Cost Recovery
Section 91.658. Voluntary Cleanup Work Plans and Reports
Section 91.659. Certificate of Completion