The Texas Commission on Environmental Quality (“TCEQ”) issued a document titled:
Defense to Responsibility for Scrap Metal Recycling: TCEQ Findings and Legislative Recommendation Required by House Bill 3224 (“Recommendation”)
TCEQ developed this Recommendation as required by House Bill 3224 (“HB 3224”) which was passed during the 86th Texas Legislative Session.
HB 3224 required that TCEQ conduct a study to evaluate the possibility of adopting a recyclable materials defense into the Texas Superfund law. The recyclable materials defense would be similar to the provision found in the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) (i.e.,Superfund). See 42 U.S.C. § 9601
et seq.