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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 361.276. Apportionment of Liability - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-361-276/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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