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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 I. ENFORCEMENT; ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT |
Sec. 361.271. PERSONS RESPONSIBLE FOR SOLID WASTE
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(a) Unless otherwise defined in applicable statutes and rules, a person is responsible for solid waste if the person:
(1) is any owner or operator of a solid waste facility;
(2) owned or operated a solid waste facility at the time of processing, storage, or disposal of any solid waste;
(3) by contract, agreement, or otherwise, arranged to process, store, or dispose of, or arranged with a transporter for transport to process, store, or dispose of, solid waste owned or possessed by the person, by any other person or entity at:
(A) the solid waste facility owned or operated by another person or entity that contains the solid waste; or
(B) the site to which the solid waste was transported that contains the solid waste; or
(4) accepts or accepted any solid waste for transport to a solid waste facility or site selected by the person.
(b) A political subdivision, a land bank established under Chapter 379C, Local Government Code, or an officer or employee of the political subdivision or land bank is not a person responsible for solid waste released or threatened to be released from a facility or at a site if:
(1) the political subdivision or land bank acquired ownership or control of the facility or site through a tax delinquency or if the subdivision acquired ownership or control of the facility or site through bankruptcy, abandonment, or other circumstances in which the subdivision involuntarily acquired title to the facility or site by virtue of the subdivision's function as sovereign; and
(2) the political subdivision, land bank, officer, or employee did not cause or contribute to the release or threatened release of solid waste at the facility or site.
(c) A political subdivision that is in a county with a population of 3.3 million or more or is in a county adjacent to a county with a population of 3.3 million or more and that builds or installs a drainage project on a site of a solid waste facility is not a person responsible for solid waste released or threatened to be released from the facility or at a site of the facility if:
(1) the political subdivision acquired ownership or control of the facility or site through bankruptcy, tax delinquency, abandonment, or other circumstances in which the subdivision involuntarily acquired title to the facility or site by virtue of the subdivision's function as sovereign; and
(2) the plans for the drainage project have been submitted to and reviewed by the commission.
(d) A political subdivision that builds or installs a drainage project under Subsection (c) is not subject to civil or criminal liability arising from the building or installation of the drainage project. This subsection does not apply to an injury or property damage claim that results from an act or omission of the political subdivision constituting gross negligence, recklessness, or intentional misconduct.
(e) A fiduciary's responsibility for solid waste is subject to Subchapter T.
(f) A lender's responsibility for solid waste is subject to Subchapter U.
(g) A port authority or navigation district created under Section 59, Article XVI, or Section 52, Article III, Texas Constitution, is not a person responsible under this chapter for the release or threatened release of hazardous waste from a facility or at a site solely for its activities related to construction or maintenance of waterways to facilitate navigation if, in performing those activities:
(1) the port authority or navigation district is acting by virtue of the authority's or district's function as sovereign;
(2) the port authority or navigation district requires that dredged materials be sampled and analyzed before placement or storage of those materials on land or submerged land; and
(3) the port authority or navigation district, after exercising due diligence, does not accept dredged materials that are hazardous waste.
(h) Subsection (g) may not be construed to relieve a port authority or navigation district of liability if the port authority or navigation district causes or contributes to the generation of hazardous waste.
(i) As used in Subsection (g), activities related to construction or maintenance of waterways to facilitate navigation include:
(1) the dredging of materials from navigable waters or the banks of navigable waters;
(2) the placement or storage of dredged materials on land or submerged land; and
(3) the construction, operation, or maintenance of a placement area for dredged material.