New Dry Cleaner Legislation:
There are recent legislative changes that affect the Dry Cleaner
Remediation Program. House Bill
HB 3220 
was passed during the 80th Texas
Legislature and signed by the governor on June 15, 2007. The
provisions in the bill were effective immediately upon the
signature of the Governor. Listed below is a brief
explanation of the changes:
- Property owner and previous property owner registration –
To be eligible to claim benefits from the Dry Cleaner Remediation
Fund, a property owner or previous property owner is required to
register and pay an annual registration fee of $1,500 per
year. Registration is required by December 31, 2007.
Late registrations are allowed, however late registrants will be
assessed a $100 per month late fee in addition to registration
fees.
- Lien – creates a remedy for non payment of registration
fees by Property Owners and Previous Property Owners by allowing
liens against the property for past due registration fees and clean
up costs that occurred while fees were in arrears.
- Transferring non-participating status for Drop Stations –
The law allows an owner of a non-participating drop station to move
the business to another location and retain the non-participating
status.
- Use of perchloroethylene at remediated sites – The use of
perchloroethylene at sites where the commission has completed
corrective action is now prohibited.
- Change in is solvent delivery fees – The bill increases
the delivery fee for perchloroethylene from $15 to $20 per gallon
and reduces the fee for other solvents from $5 to $3 per
gallon. TCEQ has set an effective date of July 1, 2007 for
the new rates.
- Refund for non-participating credits – Owners who were
granted a credit for registration fees after being granted
non-participating status are entitled to a refund of the remaining
balance of the credit as of November 2007.
Status of the Dry Cleaner Environmental Response
Rules:
- The Dry Cleaner Environmental Response Rules,
(30 TAC 337) went
into effect on June 1, 2005. They were written to implement the
original dry cleaner law,
HB 1366, (78th Texas Legislature).
- The passage of HB 2376 and SB 444 (79th Texas Legislature)
required an amendment to the Dry Cleaner Rules which became
effective February 2, 2006.
There were prior
dry cleaner legislation that also affected the Dry Cleaner
Remediation Program.
