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Texas County’s Water Code Claims Reinstated Against Dry Cleaner

Nov. 5, 2019, 5:36 PM

A Texas county has the authority to pursue civil penalties and injunctive relief under the state water code for contamination from dry cleaning operations, a Texas appeals court ruled.

A lower court erred when it dismissed the suit after finding that the state’s Dry Cleaner Remediation Program, an administrative process, was the exclusive remedy to address contamination from dry cleaners, the court said Nov. 5.

The program doesn’t preempt the Texas Water Code, which authorizes local governments to pursue civil penalties and injunctive relief for unauthorized discharges into or adjacent to any water in the state, the court said.

The...

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