(a) Any site that is contaminated with a contaminant is eligible for participation in the voluntary cleanup program except the portion of a site that is the subject of a Commission order to control or clean up the contaminants. On application from an eligible applicant, the Commission may dismiss an order that would otherwise render a site or portion of a site ineligible for the program.
(b) Any person who is not a responsible person as that term is defined in §4.405(13) of this title (relating to Definitions) is eligible to participate in the voluntary cleanup program.

Source Note: The provisions of this §4.410 adopted to be effective June 10, 2002, 27 TexReg 4936