What is a certificate of completion under the Texas VCP?

A certificate of completion under the VCP certifies that “necessary response actions have been taken” and states that an applicant who on the date of application submittal was not a responsible party under Section 361.271 or 361.275(g) of the Texas SWDA on the date of issuance of this certificate are qualified to obtain the protection from liability provided by Section 361.610 of the Texas Health and Safety Code.

Section 361.610 of the Texas Health & Safety Code states that a successful applicant is released from “all liability to the state for cleanup of the areas of the site covered,” but is not released from liability from “releases and consequences that the person causes.”

There is no statement in the Texas statute or the certificate of completion that the certificate releases state or federal CERCLA claims

You can learn more about the Texas Voluntary Cleanup Program at the TCEQ’s website at: https://www.tceq.texas.gov/remediation/vcp/vcp.html

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