Texas § HS.374.153 - CORRECTIVE ACTION

§ HS.374.153. CORRECTIVE ACTION

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 that may have moved off the dry cleaning facility. (b) Corrective action includes the cleanup of affected soil, groundwater, or surface water using the most cost-effective method that: (1) is technologically feasible and reliable; (2) provides adequate protection of human health and the environment; and (3) minimizes, to the extent practical, environmental damage. (c) The commission shall: (1) operate and maintain corrective action; (2) monitor releases from a dry cleaning facility, including contamination that may have moved off the dry cleaning facility; (3) pay the reasonable costs incurred by the commission in providing field and laboratory services; and (4) pay the reasonable costs of restoring property, as nearly as practicable, to the conditions that existed before the activities associated with: (A) the investigation of a release; (B) a cleanup; or (C) related corrective action. (d) The commission shall ensure the removal and proper disposal of wastes generated by a release. (e) Except as provided by Subchapter E, the commission shall pay the costs of corrective action conducted under this subchapter by the commission or by other entities approved by the commission, regardless of whether the corrective action is included in a corrective action plan. Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.