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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 335INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
SUBCHAPTER SRISK REDUCTION STANDARDS
RULE §335.566Deed Recordation for Risk Reduction Standard Number 3

(a) Within 90 days after acceptance by the executive director of the final report referenced in §335.561(a) of this title (relating to Attainment of Risk Reduction Standard Number 3), the person must record in the county deed records of the county or counties in which such activities take place the information specified in subsections (b)-(e) of this section and submit written proof of such recordation to the executive director. The statements should be worded such that a lay person can easily understand them. An example format is provided in §335.569 of this title (relating to Appendix III).

(b) A certification, signed by the person, showing the person's full name and title, and stating: that remediation of the facility or area was carried out in accordance with a plan designed to meet §335.561 of this title (relating to Risk Reduction Standard Number 3), which mandates that the remedy be designed to eliminate or reduce to the maximum extent practicable substantial present and future risk; and whether continued post-closure care or engineering or institutional control measures (post-closure measures) are required to protect human health and the environment together with a description of any required post-closure measures.

(c) A description of any institutional or legal controls placed by the person on the future use of the property. The notice shall indicate that the current or future owner must undertake actions as necessary to protect human health and the environment in accordance with the rules of the commission.

(d) A metes and bounds description of the portion or portions of the tract of land on which closure or remediation of industrial solid waste, municipal hazardous waste, or contaminants was achieved.

(e) A statement that information and documents concerning the closure or remediation of the facility or area are available for inspection upon request at the Texas Water Commission. The statement shall further describe the jurisdiction of the Texas Water Commission to review the establishment of the final cleanup criteria.


Source Note: The provisions of this §335.566 adopted to be effective June 28, 1993, 18 TexReg 3814.

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