Advanced Environmental Dimensions John Slavich Guida, Slavich & Flores, P.C. 750 N. St. Paul Street, Suite 200 Dallas, Texas 75201 214.692.0009 E-Mail: [email protected]WHO IS GETTING TAKEN TO THE CLEANERS? WORKING WITH THE TCEQ’S DRY CLEANER REMEDIATION PROGRAM
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John Slavich Guida, Slavich & Flores, P.C. 750 N. St. Paul Street, Suite 200 Dallas, Texas 75201 214.692.0009 E-Mail: [email protected]@guidaslavichflores.com.
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Advanced Environmental Dimensions
John SlavichGuida, Slavich & Flores, P.C.750 N. St. Paul Street, Suite 200Dallas, Texas 75201214.692.0009E-Mail: [email protected]
WHO IS GETTING TAKEN TO THE CLEANERS?
WORKING WITH THE TCEQ’S DRY CLEANER REMEDIATION PROGRAM
• If a contaminated dry cleaning site has been ranked under 374.154, then State of Texas may use money from the fund (up to $5M for that single site) (374.203) for corrective action at the site
Other costs None Pay for corrective action; pay for State oversight
State confirmation of completion
No Further Action letter
Certificate of Completion
Protection Eligible 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
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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 (374.208(b))– Other COCs need to be addressed under other
State programs.
• When will NFA letter be issued?– Impact on financing– Impact on exit strategy