Texas Health and Safety Code 374.154 – Ranking of Contaminated Dry Cleaning Sites
Current as of: 2024 | Check for updates
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(a) For a contaminated dry cleaning site that does not require emergency action under Section 374.152, the commission shall assign a rank for the site relative to other sites previously ranked and awaiting corrective action based on information contained in the application for ranking.
(b) The following persons are eligible to apply for a site to be ranked under Subsection (a):
(1) a person who is an owner of the dry cleaning facility or drop station; and
(2) a person who is registered with the commission under Section 374.1022.
Terms Used In Texas Health and Safety Code 374.154
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rule: includes regulation. See Texas Government Code 311.005
(c) If the applicant for ranking:
(1) is not an owner of the real property, the application must include proof that an owner of the real property has been notified of the application;
(2) is an owner of the real property and the dry cleaning facility or drop station is leased, the application must include proof that a lessee has been notified of the application; or
(3) is a person described by Section 374.1022(a)(2), the application must include proof that the owner of the real property and any lessee have been notified of the application.
(d) The application for ranking must contain information and evidence required by commission rule to aid in ranking. The information and evidence required may include:
(1) water or soil samples;
(2) analyses of the water or soil samples;
(3) hydrogeologic information from the contaminated site;
(4) information concerning the site’s proximity to a private or public water supply; and
(5) other information or evidence the commission considers necessary.
(e) The costs incurred by an applicant in collecting the information and evidence under Subsection (d) shall be credited against the deductible payable by the applicant under Section 374.203(d).
(f) The commission shall notify the applicant of the relative ranking the commission assigns the applicant’s site on or before the 90th day after the date the application is received by the commission.