Who is a potential defendant in a Texas SWDA claim?

As with CERCLA, the SWDA states that a person is responsible for solid waste if the person:

  1. is any owner or operator of a solid waste facility;
  2. owned or operated a solid waste facility at the time of processing, storage, or disposal of any solid waste;
  3. by contract, agreement, or otherwise, arranged to process, store, or dispose of, or arranged with a transporter for transport to process, store, or dispose of, solid waste owned or possessed by the person, by any other person or entity at:
    • the solid waste facility owned or operated by another person or entity that contains the solid waste; or
    • the site to which the solid waste was transported that contains the solid waste; or
  4. accepts or accepted any solid waste for transport to a solid waste facility or site selected by the person.

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