We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byJulia Hoover
Modified over 2 years ago
John Slavich Guida, Slavich & Flores, P.C. 750 N. St. Paul Street, Suite 200 Dallas, Texas WHO IS GETTING TAKEN TO THE CLEANERS? WORKING WITH THE TCEQS DRY CLEANER REMEDIATION PROGRAM
2 Dry Cleaner Environmental Response Statute Texas Health & Safety Code Chapter 374 Originally created by 78 th Legislature in 2003 Amended by 79 th Legislature in 2005 © 2006
3 Overview Provided for registration, operational regulation, investigation and remediation (corrective action) of dry cleaning facilities. Created a fund to pay for corrective action for releases from dry cleaner facilities. ( ) Financed by dry cleaner registration fees and fees imposed on the purchase of dry cleaner solvent. ( ) © 2006
4 Overview (contd) Provided for rules that impose performance standards. (30 TAC § ) Imposed release reporting for dry cleaning solvents. ( (b)) © 2006
5 Definitions Release ( (13)) Dry Cleaning Facility ( (7)) Dry Cleaning Solvent ( (8)) Contaminated Dry Cleaning Site ( (a)) Owner ( (12)) Fund ( (11)) Corrective Action ( (4)) –Also definitions in regulations (30 TAC Ch. 337, as most recently amended effective 2/1/06) © 2006
6 Dry Cleaner Remediation Program If a contaminated dry cleaning site has been ranked under , then State of Texas may use money from the fund (up to $5M for that single site) ( ) for corrective action at the site © 2006
7 Eligibility Two classes of owners are eligible to apply for a site to be ranked. ( (b) and.203) 1. Owner of dry cleaning facility –Not in arrears for money owed to state –In compliance with applicable performance standards (at time of release) 2. Owner of the real property on which the facility is located. –Five-year ownership requirement removed in 2005 amendments Includes former owners of facility and owners of real property on which facility was formerly located (§ (a)(2)) © 2006
8 Site Ranking ( ; § ) An eligible person must submit a ranking application to be eligible for State cleanup ( (c)) Non-emergency sites are ranked in order of relative significance ( (a)) Deductible of $5,000 per site must be met ( (a)) © 2006
9 Site Ranking (cont) TCEQ is to assign a rank for a site based on information contained in application ( ) Ranking procedures (§ ) –Numerical score assigned for a site TCEQ to assign ranking within 90 days. © 2006
10 Site Prioritization (§ ) Determined semi-annually (§337.30(a)) TCEQ will consider factors in addition to ranking score (§337.30(b)) Relative priority can change (§337.30(c)) © 2006
11 Corrective Action TCEQ is responsible for corrective action Corrective action includes investigation, assessment and cleanup of affected soil, groundwater, and surface water (onsite and offsite) TCEQ cannot compel eligible persons to undertake corrective action (exceptions) TCEQ can compel site access TCEQ can approve other entities to perform corrective action © 2006
12 Comparing DCRP to VCP © 2006 DCRPVCP Who can apply?Eligible personsAnyone (subject to site eligibility) Cost to apply$5,000 deductible$1,000 application fee Who does work?State contractors (State-lead program) Applicant hires contractors
13 Comparing DCRP to VCP (contd) © 2006 DCRPVCP Other costsNonePay for corrective action; pay for State oversight State confirmation of completion No Further Action letterCertificate of Completion ProtectionEligible persons exempt from claims under State law for: (i) Cost recovery (ii) Enforcement of corrective action (with exceptions) Release of liability to future owners and lenders
14 Points for Clients to Consider Is the site impacted by contaminants of concern in addition to dry cleaning solvents from the dry cleaning facility? –DCRP limited to addressing dry cleaning solvents from dry cleaning facilities ( (b)) –Other COCs need to be addressed under other State programs. When will NFA letter be issued? –Impact on financing –Impact on exit strategy © 2006
15 Points for Clients to Consider (cont) Is a commercial/industrial closure sufficient? –Impact on residential/mixed-use redevelopment. Cannot dual track DCRP and VCP. –Limit on being in both programs simultaneously. –Can drop out of DCRP and re-enter. DCRP work can bar later entry of site into VCP. –Remediation will make site ineligible for VCP (See § of VCP rules, Q&A C2 and C4). © 2006
Citizens Guide to Pennsylvanias Land Recycling Program.
Specific requirements must be met to be eligible for financial assistance under the LUST Trust Fund or the Indemnity Fund. All participants in these programs.
RACERs Environmental Accounts and Cleanup Responsibilities Open House Ypsilanti, MI (June 20, 2012) 1.
Florida Department of Environmental Protection Petroleum Cleanup Program Contamination Notification Training February 2009 Charles T. Williams Environmental.
Contractor Responsibility Program. This course focuses on the policies that establish and implement the Contractor Responsibility Program. It is a mandatory.
Land Remediation Section – Environmental Management Branch Update on Contaminated Sites Changing Legislation John E.H. Ward Land Remediation Section Ministry.
Permits in the SRMT TIP Angela Benedict-Dunn SRMT Environment Division Air Quality Program.
PETROLEUM CLEANUP PREAPPROVAL PROGRAM SOP UPDATE HIGHLIGHTS Florida Department of Environmental Protection February 16, 2012 Charles T. Williams Environmental.
The SBA 504 Loan Program Revised by SEED Corp. 5/13
Minnesota Health Department 2 nd Annual Lead Conference NAVIGATING HUDS LEAD SAFE HOUSING RULE & THE EPA RENOVATE, REPAIR, AND PAINT RULE Dale Darrow,
Application and Development Process. Getting Ready Technical assistance is available from the Multi-family Production Unit Contact David Danenfelzer
ENVIRONMENTAL CONSIDERATIONS IN BUSINESS AND REAL PROPERTY TRANSACTIONS CATIC Breakfast Seminar Series May 25, 2005 Presented by John E. Wertam, Esq. Shipman.
The SBA 504 Loan Program Revised by SEED Corp. 6/13
Capital Area Council of Governments (CAPCOG) Grant Training Workshop for FY 2011 General Victim Assistance – Direct Services Funding Opportunity Tuesday,
State of Louisiana Mitigation Governor's Office of Homeland Security and Emergency Preparedness Pre-Disaster Mitigation (PDM) Flood Mitigation Assistance.
1 Learning the Basics, Housing Tax Credits 101 Blackstone Hotel March 5-6, 2009 Susan Pristo Reaman.
Institute for Environmental Sciences, Engineering and Technology Prepared By: Sanne Knudsen, July 2001 Faculty Guidance Provided By: Dr. Gregory Keoleian.
Publication of Final Regulations for Liquidation and Debt Collection Activities Initially published in Federal Register as proposed rules on 11/3/05 Published.
COSCAP - SOUTH ASIA JAR Maintenance Organisations.
PETROLEUM CLEANUP PREAPPROVAL PROGRAM SOP UPDATE HIGHLIGHTS Florida Department of Environmental Protection May 21, 2012 Charles T. Williams Environmental.
1 HB 1038 – The New TRCC Mandatory Contractual Disclosures, New Penalties and Fines, and Procedural Revisions Stephen Polozola, Attorney Matthew Motes,
State and Federal Accountability System Update 2008 TASA Midwinter Conference January 29, 2008 Shannon Housson, Cathy Long, and Ester Regalado TEA, Performance.
1 IMPROVING TRANSPORTATION SERVICES IN EARLY EDUCATION AND CARE SETTINGS EEC Board Meeting – November 8, 2011.
The E-rate Program Road to Success Fall 2011 Applicant Trainings Washington, DC I Newark I Minneapolis I Portland I St. Louis I New Orleans I Los Angeles.
Budgeting for Assessors Dan Jones Asst. Director of Budget Division January
ODOT'S ENVIRONMENTAL SITE ASSESSMENT PROCESS Managing the Environmental & Project Development Process.
Electronic Locking and Exemption Request Form Training November 2003 LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS OFFICE OF STATE FIRE MARSHAL,
NEW RULE Legal Description of Service Area.
U.S. Department of Labor U.S. Department of Labor Office of Labor-Management Standards (OLMS) Form T-1.
WISCONSIN HOUSING ALLIANCE Builder Continuing Education Training: Lien Law Presented By: Saul C. Glazer Axley Brynelson, LLP.
© 2016 SlidePlayer.com Inc. All rights reserved.