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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER |
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Chapter 361. SOLID WASTE DISPOSAL ACT |
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Subchapter F. REGISTRY AND CLEANUP OF CERTAIN HAZARDOUS WASTE FACILITIES |
Sec. 361.188. FINAL ADMINISTRATIVE ORDER
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(a) After consideration of all good faith offers to perform a remedial action, the commission shall issue a final administrative order that must:
(1) list the facility on the state registry, thus determining that the facility poses an imminent and substantial endangerment to public health and safety or the environment;
(2) specify the appropriate land use for purposes of selecting the appropriate remedial action;
(3) specify the selected remedial action;
(4) list the parties determined to be responsible for remediating the facility;
(5) make findings of fact describing actions voluntarily undertaken by responsible parties;
(6) order the responsible parties to remediate the facility and, if appropriate, reimburse the hazardous waste disposal fee fund for remedial investigation/feasibility study and remediation costs;
(7) establish a schedule for completion of the remedial action;
(8) state any determination of divisibility of responsible party liability; and
(9) give notice of the duties and restrictions imposed by Section 361.190.
(b) The provisions in Subchapters I, K, and L relating to administrative orders apply to orders issued under this section.
(c) If a potentially responsible party is newly identified after a final administrative order under Subsection (a) has been issued by the commission, that party has 60 days to negotiate an amendment to the existing order. The commission is not prohibited from issuing a separate order for the newly identified potentially responsible party if the commission determines that the circumstances warrant a separate order. The responsible parties identified in the order issued under Subsection (a) shall be allowed to comment on the issuance of a separate order for the newly identified potentially responsible party.
(d) Within a reasonable period after a determination has been made, the commission shall file or cause to be filed in the real property records of the county in which the facility is located an affidavit or notice stating that the facility has been listed on or deleted from the state registry or is no longer proposed for listing on the state registry.