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Section 6: Hazardous Waste Contamination

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CERCLA Immunity

Health and Safety Code, Section 361.275(e)(2)(C) and federal statutes provide TxDOT immunity from CERCLA liability for hazardous waste contamination in acquiring property through eminent domain proceedings. However, TxDOT loses its immunity should it worsen the contamination after acquisition. This immunity applies only to existing hazardous waste contamination, not to contamination from leaking petroleum storage tanks. It should be noted that the costs of planning and constructing projects on sites contaminated with hazardous waste can be considerable.

See Task 3280 - Perform hazardous materials assessment and investigation, TxDOT Project Development Process Manual, and the TxDOT Environmental Procedures in Project Development Process Manual for procedures to follow in dealing with contaminated sites.

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