Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.38 - Innocent Owner/Operator Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to certificate issuance, the
				  applicant and any coapplicant shall submit to the executive director an
				  affidavit affirming that neither the applicant nor any coapplicant caused or
				  contributed to the off-site source or sources of contamination that have been
				  released or have migrated onto the site and is otherwise eligible for an
				  innocent owner/operator certificate.
(b) In the case of a sale, transfer, or other
				  change in the ownership or operation of the site, the applicant and any
				  coapplicant shall submit to the executive director an affidavit from the
				  certificate holder or, if an affidavit is unobtainable, other documentation
				  prior to certificate issuance. The affidavit or other documentation shall
				  affirm that the current certificate holder has not, during the period since
				  issuance of the most recent certificate, caused or contributed to the source or
				  sources of off-site contamination that have released or migrated onto the site;
				  and during the period since issuance of the most recent certificate, has not
				  discharged or released on the site any contaminants covered by a prior
				  certificate; and is otherwise eligible for an innocent owner/operator
				  certificate. The executive director, in its discretion, may require a site
				  investigation report.
(c) If the
				  executive director determines that a person is an innocent owner/operator based
				  upon the application submitted pursuant to §
										333.35 of
				  this title (relating to Application), and upon the affidavit(s) submitted by
				  applicant(s) and/or the certificate holder, the executive director will issue
				  the person an innocent owner/operator certificate.
(d) The innocent owner/operator certificate
				  shall specify the contaminant(s) and the media for which the executive director
				  has confirmed the applicant's innocent owner/operator status.
(e) The innocent owner/operator certificate
				  will acknowledge the protection from liability provided by Texas Health and
				  Safety Code, §
										361.752.
(f) If the application of a prospective owner
				  or operator satisfies the requirements of §
										333.35 of
				  this title, the executive director will issue an innocent owner/operator
				  certificate to the prospective owner or operator only after the executive
				  director has received proof of ownership or operation.
(g) Institutional or engineering controls for
				  a site shall be described in a restrictive covenant in favor of the agency and
				  the State of Texas to be filed in the real property records in the county in
				  which the site is located. The executive director will issue an innocent
				  owner/operator certificate only after the executive director has received proof
				  of the filing of the restrictive covenant. In the event the applicant is an
				  operator, the applicant must obtain written concurrence from the owner of the
				  property before a restrictive covenant is filed in the real property records
				  for that property.