Tex. Health & Safety Code Section 374.208
Unauthorized Payments


(a)

The commission may pay costs from the fund under this chapter only if the costs are:

(1)

integral to corrective action for a release; or

(2)

required for the administration or enforcement of this chapter.

(b)

The commission may not spend money from the fund:

(1)

for corrective action at a site contaminated by solvents normally used in dry cleaning operations, if the contamination did not result from the operation of a dry cleaning facility;

(2)

for corrective action at a site, other than a dry cleaning facility, that is contaminated by dry cleaning solvents that were released while being transported to or from a dry cleaning facility by a person other than the owner of the dry cleaning facility or the owner’s agents or employees; or

(3)

for the payment of any costs:

(A)

associated with a fine or penalty brought against a dry cleaning facility owner under state or federal law; or

(B)

related to corrective action at a dry cleaning facility that:
(i)
has been included by the United States Environmental Protection Agency on the national priorities list; or
(ii)
is a hazardous waste facility eligible for listing on the state registry under Subchapter F (State Registry: Annual Publication), Chapter 361 (Solid Waste Disposal Act).
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.

Source: Section 374.208 — Unauthorized Payments, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­374.­htm#374.­208 (accessed Mar. 23, 2024).

361
Solid Waste Disposal Act
362
Solid Waste Resource Recovery Financing Act
363
Municipal Solid Waste
364
County Solid Waste
365
Litter
366
On-site Sewage Disposal Systems
367
On-site Wastewater Treatment Research
368
County Regulation of Transportation of Waste
369
Plastic Containers
370
Toxic Chemical Release Reporting
371
Used Oil Collection, Management, and Recycling
372
Environmental Performance Standards for Plumbing Fixtures
373
Water Conservation
374.001
Definitions
374.002
Applicability of Other Law
374.003
Applicability to Governmental Bodies
374.004
Advisory Committee
374.051
Commission Rules and Standards
374.052
Facility Retrofitting
374.053
Performance Standards for New Dry Cleaning Facilities
374.054
Completion Criteria
374.055
Criteria for Administration of Chapter
374.056
Report to Governor and Legislature
374.101
Dry Cleaning Facility Release Fund
374.102
Dry Cleaning Facility or Drop Station Registration
374.103
Fee on Purchase of Dry Cleaning Solvent
374.104
Option Not to Participate in Fund Benefits
374.151
Response to Release
374.152
Investigation and Assessment of Release
374.153
Corrective Action
374.154
Ranking of Contaminated Dry Cleaning Sites
374.155
Power to Modify Commission Rankings or Postpone Corrective Actions
374.202
Owner Responsibility
374.203
Limitation on Use of Fund for Corrective Action
374.204
Limitation on Liability
374.205
Limitation on Use of Fund for Third Parties
374.206
Use of Other Sources of Money
374.207
Eligible Owner or Registered Person Exempt from Certain Claims
374.208
Unauthorized Payments
374.251
Review of Orders
374.252
Violations
374.253
Expiration
374.1022
Registration of Property Owner or Preceding Property Owner
374.1023
Lien
374.1535
Site Restrictions After Corrective Action
374.2511
Closure of Unregistered Facility

Accessed:
Mar. 23, 2024

§ 374.208’s source at texas​.gov