16 Tex. Admin. Code § 4.445 - Persons Released from Liability
(a) A
person who is not a responsible person, as that term is defined in §
4.405 of this title (relating to
Definitions), at the time the person applies to participate in a voluntary
cleanup does not become a responsible person solely because the person signs
the application or the voluntary cleanup agreement.
(b) A participant who is not a responsible
person at the time the Commission issues a certificate of completion under
§
4.440 of this title (relating to
Certificate of Completion and Conditional Certificate of Completion) is
released, as of the date of the certificate, from all liability to the state
for cleanup of contaminants specified in the voluntary cleanup agreement for
areas of the site covered by the certificate, except for releases and
consequences that the participant causes.
(c) The release from liability provided by
this subchapter does not apply to a person who:
(1) caused or contributed to the
contamination at the site covered by the certificate;
(2) acquires a certificate of completion by
fraud, misrepresentation, or knowing failure to disclose material
information;
(3) knows at the time
the person acquires an interest in the site for which the certificate of
completion was issued that the certificate was acquired by fraud,
misrepresentation, or knowing failure to disclose material information;
or
(4) changes the land use from
the use specified in the certificate of completion if the new use may result in
increased risks to human health or the environment.
Notes
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