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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. 361.277. EFFECT OF SETTLEMENT AGREEMENT WITH STATE
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(a) If fewer than all of the persons identified as liable under this subchapter agree with the state to take remedial action to abate an actual or threatened release of solid waste that is an imminent and substantial endangerment to the public health and safety or the environment under an administrative order issued under section 361.272 or an action filed by the state under this subchapter, the state may seek a judgment against a nonsettling person for the total amount of the cost of the remedial action minus that amount the settling persons agree to pay or spend.
(b) A person who enters a settlement agreement with the state that resolves all liability of the person to the state for a site subject to Subchapter F is released from liability to a person described by Section 361.344(a) for cost recovery, contribution, or indemnity under Section 361.344 regarding a matter addressed in the settlement agreement.
(c) A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise.
(d) Notwithstanding Subsection (c), a settlement agreement reduces the potential liability to the state of the nonsettling persons by the amount of the settlement.