Tex.
Health & Safety Code Section 361.321
Appeals
(a)
A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a district court of Travis County in the time required by Section 5.351 (Judicial Review of Commission Acts), Water Code.(b)
A person affected by a ruling, order, decision, or other act of a county, or of a political subdivision exercising the authority granted by Section 361.165 (Political Subdivisions with Jurisdiction in Two or More Counties), may appeal by filing a petition in a district court with jurisdiction in the county or political subdivision.(c)
A petition described by Subsection (b) must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed. Service of citation of the petition must be accomplished not later than the 30th day after the date on which the petition is filed.(d)
The plaintiff shall pursue the action with reasonable diligence. The court shall presume that the action has been abandoned if the plaintiff does not prosecute the action within one year after it is filed and shall dismiss the suit on a motion for dismissal made by the governmental entity whose action is appealed unless the plaintiff, after receiving notice, can show good and sufficient cause for the delay.(e)
Except as provided by Section 361.322(e), in an appeal from an action of the commission, a county, or a political subdivision exercising the authority granted by Section 361.165 (Political Subdivisions with Jurisdiction in Two or More Counties), the issue is whether the action is invalid, arbitrary, or unreasonable.(b)
The plaintiff shall pursue the action with reasonable diligence. The court shall presume that the action has been abandoned if the plaintiff does not prosecute the action within one year after it is filed and shall dismiss the suit on a motion for dismissal made by the governmental entity whose action is appealed unless the plaintiff, after receiving notice, can show good and sufficient cause for the delay.(c)
The filing of a motion for rehearing under Chapter 2001 (Administrative Procedure), Government Code is not a prerequisite for an appeal of the order.(d)
The person appealing the order must join the commission as a party and may join as parties any other person named as a responsible party in the administrative order and any other person who is or may be liable for the elimination of the actual or threatened release of solid waste or hazardous substances governed by the administrative order.(e)
The filing of the petition does not prevent the commission from proceeding with the remedial action program under Subchapter F unless the court enjoins the remedial action under its general equity jurisdiction.(f)
The administrative order is final as to a nonappealing party on the date by which the person is required to file a petition under Section 5.351 (Judicial Review of Commission Acts), Water Code.(g)
The district court shall uphold the administrative order if the commission proves by a preponderance of the evidence that:(1)
there is an actual or threatened release of solid waste or hazardous substances that is an imminent and substantial endangerment to the public health and safety or the environment; and(2)
the person made subject to the administrative order is liable for the elimination of the release or threatened release, in whole or in part.(h)
If the appropriateness of the selected remedial action is contested in the appeal of the administrative order, the remedial action shall be upheld unless the court determines that the remedy is arbitrary or unreasonable.(i)
A person made a party to the appeal may join as a party any other person who is or may be liable for the elimination of the release or threatened release, but the failure by a party to file an action for contribution or indemnity does not waive any right under this chapter or other law.(j)
In an appeal under this section, the district court on establishing the validity of the order shall issue an injunction requiring any person named or joined against whom liability has been established by the commission or other party to comply with the order.(k)
As between parties determined to be liable under Subchapter I, the court may, as equity requires, apportion cleanup costs in accordance with Section 361.343 (Apportionment of Costs) and grant any other appropriate relief.
Source:
Section 361.321 — Appeals, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.321 (accessed Jun. 5, 2024).
