(a) In accordance with Texas Health and Safety Code, §374.104, after a dry cleaning facility or drop station is designated as nonparticipating:
  (1) the dry cleaning facility or drop station is not eligible for any expenditures of money from the Dry Cleaning Facility Release Fund or other benefits of participation for that facility or drop station;
  (2) that dry cleaning facility or drop station may not later become a participating facility or drop station, regardless of whether the owner of the facility, the owner of the drop station, or the owner of the real property is applying for participation in Dry Cleaning Facility Release Fund benefits; and
  (3) perchloroethylene must never be used at that facility.
(b) In any sales transaction of the nonparticipating non-perchloroethylene facility, drop station, or of the real property on which the facility or drop station is located, the owner of the facility, the owner of the drop station, or the owner of the real property, as applicable, shall disclose the following to potential buyers prior to any sale:
  (1) the nonparticipating status of the dry cleaning facility or drop station;
  (2) the fact that the dry cleaning facility or drop station may not later become a participating facility or drop station; and
  (3) the prohibition on the use of perchloroethylene at the dry cleaning facility or drop station.

Source Note: The provisions of this §337.62 adopted to be effective June 1, 2005, 30 TexReg 3108; amended to be effective February 1, 2006, 31 TexReg 548