Tex.
Health & Safety Code Section 361.1875
Exclusion of Certain Potentially Responsible Parties
(a)
The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that:(1)
the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;(2)
additional corrective action is not required at the site owned or operated by the person; and(3)
the commission will not undertake a formal enforcement action in the matter.(b)
The commission may not name a land bank established under Chapter 379C (Urban Land Bank Demonstration Program), Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:(1)
the contaminants that are the subject of investigation under this subchapter:(A)
appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or(B)
appear to have been present on the site before the land bank purchased the site; and(2)
the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.
Source:
Section 361.1875 — Exclusion of Certain Potentially Responsible Parties, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.1875 (accessed Jun. 5, 2024).
