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What Is "Nonparticipating"?

Definition of "nonparticipating" as this term is used in the Dry Cleaner Registration Program.

The terms participating and nonparticipating refers to one’s eligibility to receive benefits from the Dry Cleaner Facility Release fund. This status also impacts the fees to which one is subject.

Nonparticipating owners pay reduced registration fees but are ineligible to receive benefits from this fund. To be nonparticipating, one must have met the following requirements:

  • Applied for nonparticipating status by February 28, 2006.

  • Owned the dry cleaning facility or drop station on January 1, 2004.

  • Been eligible to opt out of the fund before January 1, 2004, but inadvertently failed to file before that date or had previously qualified before January 1, 2004.

  • Owner attested that they never used or allowed the use of perchloroethylene at any dry cleaning facility or drop station in Texas.

  • Owner agreed that perchloroethylene would not be used as a dry cleaning solvent at the facility or drop station.

  • Owner obtained the written consent to opt out of the fund from the person who owned the real property on which the dry cleaning facility or drop station was located.