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Tex. Health & Safety Code § 361.276

APPORTIONMENT OF LIABILITY

Known as the Solid Waste Disposal Act

The act spans §§ 361–361 (309 sections).

Applied in 1 court decision — leading case Milestone Properties, Inc. v. Federated Metals Corp. (1994)

Most recently applied in Milestone Properties, Inc. v. Federated Metals Corp. (January 1994)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

(a) If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible, that person is liable only for the elimination of that release or threatened release attributable to the person. If the release or threatened release is not proved to be divisible, persons liable under Section 361.272 or 361.273 are jointly and severally liable for eliminating the release or threatened release.

(b) In this section, "divisible" means that the waste released or threatened to be released has been and is capable of being managed separately under the remedial action plan.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.