Tex. Health & Safety Code Section 374.051
Commission Rules and Standards


(a)

The commission, with the assistance of the advisory committee, shall adopt rules necessary to administer and enforce this chapter. Rules adopted under this section must be reasonably necessary:

(1)

to preserve, protect, and maintain the water and other natural resources of this state; and

(2)

to provide for prompt and appropriate corrective action of releases from dry cleaning facilities.

(b)

The commission shall adopt rules that establish:

(1)

performance standards for dry cleaning facilities;

(2)

requirements for the removal of chlorinated dry cleaning solvents and wastes from dry cleaning facilities that are to be closed by the owner to prevent future releases;

(3)

criteria to be used in setting priorities for the expenditure of money from the fund after consideration of:

(A)

the benefit to be derived from corrective action compared to the cost of implementing the corrective action;

(B)

the degree to which human health and the environment are affected by exposure to contamination;

(C)

the present and reasonably foreseeable future uses of affected surface water or groundwater;

(D)

the effect that interim or immediate remedial measures may have on future costs;

(E)

the amount of money available for corrective action in the fund; and

(F)

any additional factors the commission considers relevant; and

(4)

criteria under which the commission may determine the level at which corrective action is considered to be complete.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 3, eff. September 1, 2005.

Source: Section 374.051 — Commission Rules and Standards, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­374.­htm#374.­051 (accessed Apr. 13, 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:
Apr. 13, 2024

§ 374.051’s source at texas​.gov