What is the statutory background of the Texas Dry Cleaner Remediation Program?

The Dry Cleaner Environmental Response Statute (“Dry Cleaner Statute”) is codified at Chapter 374 of the Texas Health & Safety Code.   The statute provides, among other things, rules for the prompt and appropriate corrective action of releases from dry cleaning facilities.   The TCEQ subsequently promulgated rules to implement the statute as set forth in 30 Tex. Admin. Code Chapter 337, Subchapters A-I.

The Dry Cleaner Statute created a State fund to pay for State-lead cleanup of dry cleaner-related contaminated sites.   The fund is financed by dry cleaner registration fees and fees imposed on the purchase of dry cleaner solvent.

The Dry Cleaner Statute also created the Dry Cleaner Remediation Program (“DCRP”) which provides for State-lead cleanup of site contamination from a retail dry cleaning establishment.   The Dry Cleaner Statute provides that if a contaminated dry cleaning site has been “ranked” under Section 374.154, then the State of Texas may use money from the fund (up to $5 million for that single site) for corrective action at the site.

You can learn more about the Texas Dry Cleaner Remediation Program at the TCEQ’s website at: https://www.tceq.texas.gov/remediation/dry_cleaners

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