Sec. 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, Chapter 361.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
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