Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter C - SPILL RESPONSE › Section 19.34 - Duties of Responsible Person

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  the event of an actual or threatened unauthorized discharge of oil into Texas
				  coastal waters, it is the duty of the responsible person to immediately
				  initiate response action, or to ensure that the person in charge will initiate
				  response action. The responsible person is the owner or operator of a vessel or
				  facility from which an unauthorized discharge of oil emanates or threatens to
				  emanate. The person in charge is the person at the vessel or facility who is
				  empowered by the responsible person to initiate response actions and to perform
				  all actions necessary to prevent, abate, contain, and remove all pollution. The
				  responsible person or the person in charge must inform the General Land Office
				  (GLO) of the person's strategy for responding to the unauthorized discharge,
				  including whether the facility's or vessel's discharge prevention and response
				  plan will be adequate for abating, containing, and removing pollution or
				  whether it appears that an adequate response to the discharge will require
				  deviation from the plan. The response strategy and proposed deviations from the
				  plan must be reported to the on-scene coordinator on a regular basis throughout
				  response operations.
(b) The GLO
				  may determine that the responsible person is unknown or appears unwilling or
				  unable to respond adequately to the discharge, including reasonably foreseeable
				  worst case scenarios of the discharge. The commissioner may delegate this
				  determination to the state on-scene coordinator. In the event of such a
				  determination the state on-scene coordinator may order the responsible person
				  to take certain response actions. The state on-scene coordinator may also
				  initiate response action by the state, either in addition to or in lieu of
				  further response actions by the responsible person. As soon as possible after a
				  determination of inadequate response, the state on-scene coordinator will
				  notify the responsible person or the person acting for the responsible person
				  of the inadequacy of response and inform the person of the intended corrective
				  action. A determination that a responsible person appears unwilling or unable
				  to respond adequately will be made by evaluating the resources committed to the
				  response, the degree of cooperation with directions of the on-scene
				  coordinator, the ability to commit further resources, and adherence to response
				  and contingency plans.
(c) The
				  responsible person or anyone acting on behalf of the responsible person must
				  notify the state on-scene coordinator if the person intends not to comply with,
				  or has not complied with, state response orders or actions. The GLO may
				  determine the person has unreasonably failed to comply with state response
				  actions if noncompliance is for any reason other than an objective and
				  reasonable belief that compliance unavoidably conflicts with federal
				  requirements or poses an unjustifiable risk to public safety or natural
				  resources. Any failure to comply may be grounds for a determination of
				  inadequate response under subsection (b) of this section.
(d) The responsible person must orally state
				  the reasons for noncompliance with an order of the state on-scene coordinator
				  and must give written justification for the refusal within 48 hours as required
				  by OSPRA, §40.106.
(e) The
				  responsible person is required to provide an emergency response plan consistent
				  with 29 Code of Federal Regulations §1910.120 for the health and safety of
				  spill response personnel at the spill response scene. In order to comply with
				  the National Contingency Plan, responsible persons must ensure that contractors
				  and others under their employ have an emergency response plan program for the
				  health and safety of personnel responding during the spill response. Failure to
				  provide an emergency response plan for the health and safety of responders will
				  be considered a failure to adequately respond to a spill event.
(f) The responsible person is required to
				  respond and operate in a manner consistent with the National Contingency Plan
				  and any applicable area or local contingency plan.
(g) The GLO will utilize the Incident Command
				  System for all spills where a state on-scene coordinator is appointed by the
				  commissioner.