reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter D - COMPENSATION AND LIABILITY › Section 19.55 - Response Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The General
				  Land Office (GLO) is required to recover expenditures from the coastal
				  protection fund pursuant to OSPRA, §40.153 and §40.161(a), and
				  therefore the GLO will assess response costs as delineated in this
				  subsection.
(b) Whenever the GLO is
				  unable to identify the person responsible for an unauthorized discharge of oil
				  into or posing an imminent threat to coastal waters, the GLO will respond to
				  the unauthorized discharge by initiating cleanup and other necessary response
				  actions. Upon identification of the responsible person, the GLO will seek
				  reimbursement for all monies expended from the coastal protection fund
				  including, but not limited to, the following:
(1) actual costs of engaging a contractor to
				  conduct cleanup;
(2) actual
				  expenses of GLO personnel including time, transportation, lodging, and
				  overhead;
(3) administrative and
				  investigative expenses incurred in identifying the responsible person,
				  including, but not limited to:
(A) sampling
				  and analysis of the discharged oil and comparison samples; and
(B) field investigative costs; and
(C) accounting and legal costs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter E - VESSELS › Section 19.60 - Applicability, Definitions, Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This subchapter applies to any vessel that operates in the
				  coastal waters of the state of Texas and has a total fuel, lube and cargo tank
				  capacity equal to or exceeding 10,000 U.S. gallons.
(b) Definitions. The following words, terms
				  and phrases, when used in this subchapter, shall have the following meanings,
				  unless the context clearly indicates otherwise. All other terms are defined in
				  §
										19.2 of
				  this title (relating to Definitions).
(1)
				  MARPOL 73/78--The International Convention for the Prevention of Pollution from
				  Ships, 1973, as modified by the Protocol of 1978, as amended.
(2) Annex I of MARPOL--Regulations for the
				  Prevention of Pollution by Oil.
(3)
				  Oil Tanker--A vessel constructed or adapted primarily to carry oil in bulk in
				  its cargo spaces and includes combination carriers and any "chemical tanker" as
				  defined in Annex II of MARPOL 73/78 when it is carrying a cargo or part cargo
				  of oil in bulk.
(4) Regulation 26
				  of Annex I of MARPOL--The regulation adopted in July of 1991 by the Marine
				  Environment Protection Committee of the International Maritime Organization
				  (IMO), requiring every oil tanker of 150 gross tons and above and every other
				  vessel of 400 gross tons and above to carry on board a shipboard oil pollution
				  emergency plan approved by its flag state, or authorized
				  organization.
(5) Vessel--Every
				  description of watercraft or other contrivance used or capable of being used as
				  a means of transportation on water, whether self-propelled or otherwise,
				  including barges.
(6) Authorized
				  Person--The person who is responsible for and in control of all oil spill
				  response operations on behalf of the vessel.
(7) Official Number--The unique number
				  assigned to a vessel for purposes of identification, e.g., the Texas State
				  Registration Number, IMO Number, OPA Plan Number, etc.
(8) Preparedness Manager--As required by
				  MARPOL 73/78, the person responsible for ensuring that personnel aboard an
				  international vessel are properly trained in mitigating and controlling an
				  unauthorized discharge of oil.
(9)
				  Qualified Individual--The person authorized by the owner or operator of a
				  vessel to conduct and assume responsibility for all emergency response
				  operations for the vessel.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter E - VESSELS › Section 19.61 - Vessel Response Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Vessel Response
				  Plan Requirements.
(1) Owners and operators
				  of vessels subject to this subchapter are required to prepare and maintain
				  written, vessel-specific discharge prevention and response plans. A tank or
				  nontank vessel response plan approved by the U.S. Coast Guard satisfies the
				  requirements of this section. A current copy of the plan must be maintained
				  aboard each vessel. Owners and operators of unmanned vessels can satisfy the
				  requirements of this section by maintaining the plan at a primary business
				  location and maintaining the information in subparagraph (G) of this paragraph
				  aboard the unmanned vessel. The vessel-specific discharge prevention and
				  response plan shall include, at a minimum, the following information:
(A) How to contact the owner and operator,
				  including physical and mailing addresses, a telephone number that is answered
				  24 hours a day, and a 24-hour fax number. This information must also be
				  provided for agents of the owner or operator who should be contacted initially
				  instead of the owner or operator.
(B) The person(s)-in-charge, qualified
				  individual(s), or authorized person(s).
(C) Procedures for vessel personnel to make
				  required reports to immediately notify regulatory agencies of unauthorized
				  discharges or threatened discharges of oil.
(D) The total vessel capacity for fuel and
				  oil.
(E) The vessel's official
				  number.
(F) If applicable, a copy
				  of the Coast Guard Vessel Response Plan approval letter.
(G) Spill prevention and response procedures,
				  including:
(i) shutting down
				  operations;
(ii) securing the
				  source of the spill;
(iii)
				  assessing the spill situation and evaluating for safety hazards to vessel
				  personnel;
(iv) immediate actions
				  for reducing the potential for future spillage;
(v) assessing the condition of the vessel and
				  taking action to prevent further vessel damage;
(vi) notifying the GLO at 1-800-832-8224 as
				  well as other regulatory agencies, local officials, and private property owners
				  impacted by an unauthorized discharge; and
(vii) anticipated actions for abating,
				  containing, and cleaning up an unauthorized discharge of oil.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter E - VESSELS › Section 19.62 - Financial Responsibility

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators of vessels shall establish and
					 maintain evidence of financial responsibility for costs and damages from
					 unauthorized discharges of oil pursuant to any applicable federal
					 law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter E - VESSELS › Section 19.63 - Entry into Port

Current through Reg. 49, No. 28; July 12, 2024
Denial of entry into port of any vessel without evidence of
					 financial responsibility or without a discharge prevention and response plan in
					 violation of §
										19.61 and
					 §
										19.62 of
					 this title (relating to Response Plans and Financial Responsibility) shall be
					 done in cooperation with the United States Coast Guard when
					 practicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.70 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This subchapter applies to any structure or vessel in or on
				  coastal waters, on public or private lands or at a public or private port or
				  dock if the structure or vessel is in a wrecked, derelict, or substantially
				  dismantled condition.
(b) Purpose.
				  There has been an increase in the number of derelict and abandoned vessels that
				  are either grounded or anchored upon publicly or privately owned submerged
				  lands. These vessels are public nuisances and safety hazards as they often pose
				  hazards to navigation, detract from the aesthetics of Texas coastal waterways,
				  and threaten the environment with the potential release of oil and hazardous
				  substances. The costs associated with the disposal of derelict and abandoned
				  vessels are substantial, and in many cases there is no way to track down the
				  current vessel owners in order to seek compensation. As a result, the costs
				  associated with the removal of derelict vessels becomes a burden on public
				  entities and the taxpaying public. This subchapter is adopted to implement H.B
				  2096 (Acts 2005, 79th Legislature, Chapter 216, effective September 1, 2005),
				  H.B. 3306 (Acts 2009, 81st Legislature, Chapter 1324, effective September 1,
				  2009), and H.B. 1625 (Acts 2017, 85th Legislature, Chapter 259, effective
				  September 1, 2017).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms and phrases, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. All other terms are defined in §
										19.2 of
					 this title (relating to Definitions).
(1) Abandoned vessel--A vessel that has been
				  left, moored, or anchored in the same area without the express consent, or
				  contrary to the rules of, the owner, manager, or lessee of the submerged lands
				  below or on which the vessel is located for either a period of more than 21
				  consecutive days or for more than a total of ninety days in any three hundred
				  sixty-five-day period, and the vessel's owner is:
(A) Not known or cannot be located;
				  or
(B) Known and located but is
				  unwilling to take control of the vessel. For the purposes of this subchapter
				  only, "in the same area" means within a radius of five miles of any location
				  where the vessel was previously moored or anchored on submerged
				  lands.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.73 - Procedure for Removal or Disposal by an Authorized Public Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) Before removing or disposing of a
				  derelict vessel or structure, an authorized public entity must obtain an order
				  from the commissioner for removal or disposal after notice and an opportunity
				  for hearing as provided in § 40.254, Texas Natural Resources Code, except
				  that the commissioner may remove a vessel or structure involved in an actual or
				  threatened unauthorized discharge of oil, a vessel or structure that creates an
				  imminent and significant threat to life or property, or a vessel or structure
				  that creates a significant navigation hazard as part of a response action
				  without a hearing.
(b) The
				  authorized public entity shall remove the derelict vessel or structure to a VMS
				  Site unless provided otherwise in the removal order issued by the commissioner.
				  In determining whether removal to a VMS Site should be waived, the commissioner
				  may consider:
(1) that the size or condition
				  of the vessel or structure makes it impractical to store at a VMS
				  Site;
(2) that an urgent public
				  necessity exists that requires immediate removal and disposal; or
(3) that the derelict vessel or structure has
				  no intrinsic value as determined by the commissioner in the removal order. In
				  determining whether the vessel or structure has no intrinsic value, the
				  commissioner shall consider the factors described in §
											19.78
				  of this title (relating to Determination of No Intrinsic Value).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.74 - Claim of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  claiming ownership of a vessel or structure must demonstrate to the
				  satisfaction of the commissioner that the person has a lawful right to
				  possession of a vessel or structure by purchase, exchange, gift, lease,
				  inheritance, or legal action whether or not the vessel is subject to a security
				  interest. The evidence must include either a sworn statement asserting
				  ownership that details the manner in which ownership was acquired, evidence of
				  registration or documentation from an authorized federal or state agency, or
				  evidence of assessed value from the appropriate taxing authority.
(b) The authorized public entity may deliver
				  possession of a vessel or structure that has been the subject of a removal
				  action in accordance with Texas Natural Resources Code §
										40.108,
				  to a person claiming ownership prior to its disposal. The person claiming
				  ownership must reimburse the authorized public entity for costs incurred for
				  the removal and storage before delivery of possession and no later than the
				  time specified in a notice of intention to dispose of the vessel or
				  structure.
(c) A person claiming
				  ownership that obtains delivery of possession of a vessel or structure that has
				  been the subject of a removal action must agree that the person will not
				  abandon the same vessel or structure in violation of Texas Natural Resources
				  Code §
										40.108
				  and that breach of such agreement will subject the person to an civil penalty
				  in the amount specified in Texas Natural Resources Code §
										40.251(f).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.75 - Lien Holder Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commissioner has actual notice that a person holds a security interest in a
				  vessel or structure subject to removal or disposal under Texas Natural
				  Resources Code §
										40.108,
				  notice must be given to the person in the manner provided by Texas Natural
				  Resources Code §
										40.254. The
				  preliminary report sent to the lien holder shall specify a reasonable time for
				  removal of the vessel or structure. The GLO has no obligation to check lien
				  records for security interests in a vessel before its removal and
				  disposal.
(b) If the vessel or
				  structure is not removed within a reasonable time as specified in the
				  preliminary report under, Texas Natural Resources Code §
										40.254, the
				  commissioner may remove and dispose of, or contract for the removal and
				  disposal of, a derelict vessel or structure described by subsection (a) of this
				  section.
(c) The interest of the
				  state in recovering removal, storage, and disposal costs shall have priority
				  over the interest of the holder of a security interest in a vessel or structure
				  described by subsection (a) of this section.
(d) A person claiming the right to possession
				  as a lien holder of a vessel or structure subject to removal or disposal must
				  demonstrate to the satisfaction of the commissioner that the security interest
				  of the person has been perfected in accordance with the laws of this State or
				  some other jurisdiction.
(e) The
				  authorized public entity may deliver possession of a vessel or structure that
				  has been the subject of a removal action in accordance with Texas Natural
				  Resources Code §
										40.108,
				  to a lien holder prior to its disposal. The lien holder must reimburse the
				  authorized public entity for costs incurred for the removal and storage before
				  delivery of possession and no later than the time specified in a notice of
				  intention to dispose of the vessel or structure.
(f) Proceeds from the sale of the vessel or
				  structure in excess of the cost of removal, storage, and disposal shall be paid
				  to the holder of the security interest in the vessel or structure in an amount
				  not to exceed the amount necessary to satisfy the secured debt.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.76 - Sale of Derelict Vessel or Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a derelict vessel or structure is not claimed under §
										19.74 of this
				  title (relating to Claim of Ownership) or §
										19.75 of this
				  title (relating to Lien Holder Rights):
(1)
				  the owner or lien holder:
(A) waives all
				  rights and interests in the vessel or structure, except that in the case of a
				  security interest, the lien holder is entitled to be paid from the proceeds
				  that exceed the cost of removal, storage, and disposal, an amount necessary to
				  satisfy the secured debt; and
(B)
				  consents to the sale of the item by the authorized public entity, transfer the
				  item, if a watercraft, or the disposal of the item; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.77 - Disposal of Derelict Vessel or Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) The authorized public entity may contract
				  for the disposal and transportation of waste generated from the removal of a
				  vessel or structure with no intrinsic value to an authorized landfill,
				  recycling center, or hazardous waste management facility for in accordance with
				  Chapter 361 Texas Health and Safety Code.
(b) The authorized public entity shall
				  require the contractor for disposal and transportation under this section to
				  state separately in its invoice the credit for salvage value of the vessel or
				  structure, if any, and other costs for removal, storage, and disposal. The
				  authorized public entity may disqualify a potential disposal contractor from
				  consideration for award of a disposal contract if the credit for salvage, if
				  any, is not stated separately.
(c)
				  The authorized public entity may require the contractor for disposal and
				  transportation under this section to provide copies of manifests, run tickets,
				  invoices, or other written documentation that shows the name and address of the
				  waste disposal facility and the date the waste was transported to it. This
				  request will be made in writing and include a deadline for submittal of the
				  disposal information.
(d) With the
				  consent of the Texas Parks and Wildlife Department, the authorized public
				  entity may transfer a watercraft that is not claimed under §
										19.74 of this
				  title (relating to Claim of Ownership) or §
										19.75 of this
				  title (relating to Lien Holder Rights) to the Parks and Wildlife Department for
				  use as part of an artificial reef under Chapter 89, Texas Parks and Wildlife
				  Code, or for other use by the Texas Parks and Wildlife Department permitted
				  under the Texas Parks and Wildlife Code. On transfer of the watercraft, the
				  Texas Parks and Wildlife Department:
(1) takes
				  title free and clear of all liens and claims of ownership; and
(2) is entitled to register the watercraft
				  and receive a certificate of title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.78 - Determination of No Intrinsic Value

Current through Reg. 49, No. 28; July 12, 2024
In making a determination that a vessel or structure has no
					 intrinsic value, the commissioner shall consider the following factors:
(1) the condition of the vessel or structure,
				  including whether the derelict vessel or structure:
(A) is substantially dismantled and lacks
				  more than one of the major components listed in §
											19.71(15)
				  of this title (relating to Definitions);
(B) has any salvageable major components
				  including, but not limited to, engine, hull, fuel tank, or rigging;
(C) is unnumbered or lacks current
				  registration; or
(D) has any other
				  relevant condition affecting its value.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter F - DERELICT VESSELS AND STRUCTURES › Section 19.79 - Prioritization of Derelict Vessel and Structure Removal

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not impose a duty on an authorized
					 public entity to remove or dispose of a derelict vessel or structure. The
					 commissioner may consider the following factors in determining the priority for
					 removal of a derelict vessel or structure:
(1) whether there is an imminent threat of
				  the unauthorized discharge of oil or release of a hazardous substance from the
				  vessel or structure;
(2) whether
				  there is an imminent threat that the vessel or structure will break
				  apart;
(3) proximity of the vessel
				  or structure to a navigational channel;
(4) proximity of the vessel or structure to a
				  critical natural resource area;
(5)
				  whether the local government with jurisdiction over submerged land on or over
				  which a derelict vessel or structure is located has adopted a local ordinance
				  relating to removal and disposal of derelict vessels and has contracted with
				  the commissioner for such removal or disposal;
(6) whether federal and local governmental
				  financial participation in the removal project is maximized, including in-kind
				  contributions;
(7) whether
				  financial participation by private beneficiaries of the removal project is
				  maximized, including in-kind contributions;
(8) whether the removal project achieves
				  efficiencies and economies of scale;
(9) the cost of the proposed project in
				  relation to the amount of money available from appropriated funds;
				  and
(10) any other matter deemed
				  relevant by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter A - GENERAL PROVISIONS › Section 20.1 - Declaration and Intent

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of the Texas General Land Office
					 (commissioner) adopts these rules pursuant to the Oil Spill Prevention and
					 Response Act (OSPRA), Texas Natural Resources Code, §
										40.107(c)(4).
					 OSPRA also requires the Texas Commission on Environmental Quality and Texas
					 Parks and Wildlife Department to adopt these rules. They will incorporate these
					 rules, after they have been adopted by the General Land Office and become
					 effective, into their rules. These rules are applicable in the event that an
					 unauthorized discharge of oil to coastal waters results in injury to natural
					 resources. These rules are intended to be consistent with the National
					 Contingency Plan and the Area Contingency Plan, which are defined in §
										20.10 of
					 this title (relating to Definitions). These rules are also intended to achieve
					 consistency, to the extent allowed by OSPRA, §40.107, with existing and
					 proposed federal rules for assessing damages to injured natural resources.
					 Thus, the state natural resource trustees are encouraged to cooperate and
					 coordinate their actions with the federal trustees. The federal trustees are,
					 of course, not bound by these rules and have the right to bring separate claims
					 in addition to any claim made by the state trustees. Even though state and
					 federal trustees may bring a separate claim, double recovery is prohibited. The
					 state trustees may bring a claim for natural resource damages pursuant to their
					 authority under the Oil Pollution Act of 1990 (OPA), 33 United States Code
					 Annotated, §2701 et seq., or under OSPRA, §40.107. The state trustees
					 may utilize the natural resource damage assessment procedures established under
					 the rule or under the rules adopted pursuant to OPA, or a combination of
					 procedures drawn from both OPA and OSPRA rules. The state trustees, when
					 utilizing some or all of the OPA procedures, will encourage the federal
					 trustees, as defined in §
										20.10 of
					 this title, to invite the responsible party to participate in the process
					 pursuant to the procedure in §
										20.23
					 of this title (relating to Responsible Person Participation).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter A - GENERAL PROVISIONS › Section 20.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to any unauthorized discharge of oil
					 that enters or poses an imminent threat to Texas coastal
					 waters.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter A - GENERAL PROVISIONS › Section 20.3 - Usage

Current through Reg. 49, No. 28; July 12, 2024
As used in these rules, words in the singular also include
					 the plural and words in the masculine gender also include the feminine and vice
					 versa, as the case may require. Any reference to "days" in this chapter shall
					 refer to calendar days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter A - GENERAL PROVISIONS › Section 20.4 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any section or provision of this chapter or the
					 application of that section or provision to any person, situation, or
					 circumstance is determined to be invalid by a court of competent jurisdiction
					 for any reason, such adjudication shall not affect any other section or
					 provision of this chapter or the application of the adjudicated section or
					 provision to any other person, situation, or circumstance. The commissioner of
					 the Texas General Land Office declares that he would have adopted the valid
					 portions and applications of this chapter without the invalid part, and to this
					 end the provisions of this chapter are declared to be
					 severable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter B - STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION › Section 20.20 - Notification of an Unauthorized Discharge of Oil

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner shall promptly notify
				  all state trustees of all reported unauthorized discharges of oil into coastal
				  waters.
(b) After observing the
				  characteristics of the unauthorized discharge of oil and the location of the
				  affected natural resources, if the state on-scene coordinator (SOSC) determines
				  that the quantity or properties of the oil discharged or the natural resources
				  potentially impacted by the oil differ significantly from the initial report,
				  the SOSC shall promptly provide the state trustees with an updated
				  report.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter B - STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION › Section 20.21 - Response to an Unauthorized Discharge of Oil

Current through Reg. 49, No. 28; July 12, 2024
(a) The state trustees and the SOSC or his
				  designated representative shall, through the incident unified command system:
(1) assist each other in prioritizing
				  protection of natural resources during an unauthorized discharge of oil. The
				  state trustees shall be available, throughout the response to the unauthorized
				  discharge of oil, to advise the SOSC regarding the impact of response
				  activities on natural resources;
(2) confer on a daily basis in accordance
				  with the National Contingency Plan and Area Contingency Plans;
(3) integrate and coordinate response and
				  assessment activities whenever such integration and coordination does not
				  interfere with response activities; and
(4) exchange information related to the
				  impact of response activities on natural resources. The SOSC shall provide the
				  state trustees with an incident report detailing the quality of the responsible
				  person's containment and removal actions and the protection and preservation of
				  natural resources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter B - STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION › Section 20.22 - State Trustee Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  The state trustees shall conduct natural resource damage assessments by:
(1) providing opportunity for public review
				  and comment on assessment plans, restoration plans, and settlement
				  agreements;
(2) developing and
				  utilizing contingency planning to enhance coordination among state trustees,
				  emergency response agencies, and responsible persons to ensure a consistent and
				  comprehensive response to unauthorized discharges of oil;
(3) coordinating and exchanging scientific,
				  technical, economic and legal expertise among the state trustees and federal
				  trustees;
(4) integrating all
				  scientific, technical, economic and legal issues;
(5) executing, when necessary, contracts to
				  procure the services of appropriate experts;
(6) providing the opportunity for early
				  participation in the assessment process by the responsible persons;
				  and
(7) informing the Texas
				  attorney general, when appropriate, of state trustee actions during the
				  assessment process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.30 - Preliminary Field Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  state trustees shall conduct a preliminary field investigation to determine
				  whether a natural resource damage assessment is necessary and, if so, the scope
				  of the natural resource damage assessment. The state trustees shall determine
				  the appropriate methods to be used in conducting the preliminary field
				  investigation.
(b) A preliminary
				  field investigation may include, but is not limited to:
(1) sampling of surface waters for reference
				  information, such as temperature, pH, total suspended solids, salinity,
				  dispersion and other parameters relevant to the fate and effects of oil and its
				  degradation constituents;
(2)
				  sampling of sediments and shoreline materials for reference and for oil and its
				  degradation constituents;
(3)
				  identification of the properties of the discharged oil;
(4) identification of special protection or
				  management areas, state and federal wildlife refuges, parks, habitats of
				  threatened and endangered species, and other relevant natural areas;
(5) an evaluation of the observable mortality
				  and the potential for acute and chronic effects;
(6) photography, ground truthing, and other
				  appropriate methods to delineate the extent of exposure in the assessment area;
				  and
(7) identification of
				  potentially reduced services provided by natural resources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.31 - Notice of Intent To Perform an Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The lead administrative trustee, upon consensus of the state trustees, shall
				  provide the responsible person with written notice of intent to perform an
				  assessment. The notice of intent to perform an assessment must be provided to
				  the responsible person within 60 days of the on-scene coordinator's (SOSC)
				  determination that the cleanup is complete. The state trustees may petition the
				  commissioner for a longer period of time to make the above determination by
				  showing that the full impact of the discharge on the affected natural resources
				  cannot be determined in 60 days.
(b) The state trustees shall not conduct any
				  assessment activities, other than the preliminary field investigation, for at
				  least ten calendar days after receipt by the responsible person of the notice
				  of intent to perform an assessment, except when certain preassessment
				  activities must be conducted in order to ensure a reasonable and rational
				  assessment. Receipt may be determined by either United States Postal Service
				  Domestic Return Receipt or other appropriate proof.
(c) The notice of intent to perform an
				  assessment shall include:
(1) a summary of the
				  activities conducted during the preliminary field investigation;
(2) a description of the unauthorized
				  discharge of oil, including: the facts of the incident; the estimated quantity
				  of oil discharged into coastal waters or onto coastal shorelines; the length of
				  time that the oil remained on, in, or under coastal waters; and the estimated
				  quantity recovered through response activities;
(3) an evaluation of the impact of response
				  activities on natural resources; and
(4) if available, information from the SOSC's
				  incident report related to the quality of the responsible person's containment
				  and removal actions and the protection and preservation of natural
				  resources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.32 - Assessment Procedures and Protocols for Determining, Quantifying and Valuing Natural Resource Injury and Loss of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The state trustees may utilize any
				  reliable incident-specific methods and procedures including, but not limited
				  to, those listed in this section to determine and quantify injury to and loss
				  of services of natural resources. In selecting the appropriate assessment
				  procedures and protocols, the state trustees shall consider the unique
				  characteristics and the location of the natural resources affected by the
				  unauthorized discharge of oil, including adverse impacts caused by response
				  activities, if any. The methods identified in this section shall be designed to
				  ensure that the cost of any restoration, rehabilitation, replacement or
				  acquisition project shall not be disproportionate to the value of the natural
				  resource before the injury. Any assessment generated by the state trustees
				  shall be reasonable and the costs of conducting the assessment shall have a
				  rational connection to the value of the injured resources.
(b) The state trustees may find injury to a
				  natural resource when:
(1) the natural
				  resource was exposed to oil from an unauthorized discharge; and
(2) there was a pathway between the natural
				  resource and the discharged oil; and
(3) reliable methodologies indicate adverse
				  effects on natural resources resulting from exposure to discharged oil;
				  or
(4) the natural resource was
				  adversely impacted by response activities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.33 - Expedited Damage Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) An expedited
				  damage assessment may be utilized when:
(1)
				  the following circumstances exist:
(A) the
				  discharge of oil has caused limited observable mortality; and
(B) the extent of injury may be determined
				  within 12 months following the completion of response actions; and
(C) a restoration plan may be initiated
				  within 12 months of the completion of response actions;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.34 - Comprehensive Damage Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Comprehensive damage assessment. A comprehensive damage assessment is a method
				  including sampling, modeling, and other appropriate scientific procedures to
				  make a reasonable and rational determination of injury to natural resources
				  resulting from an unauthorized discharge of oil.
(b) Time limit. The state trustees shall
				  complete the comprehensive damage assessment within 20 months of the completion
				  of response and cleanup activities. The state trustees may petition the
				  commissioner for an extension of the time period for conducting an
				  assessment.
(c) Study design and
				  objectives. When the state trustees determine that incident-specific studies or
				  surveys are required to determine injury, the extent of injury, and the
				  valuation of injury, they shall include a statement of the objectives in the
				  study design. The individual studies may focus on injury determination, injury
				  quantification, and injury valuation including services and passive use values.
				  The objectives shall specify the expected utility of the findings resulting
				  from the study. The state trustees shall exercise their best professional
				  judgment in determining which studies are cost-effective and technically
				  feasible.
(d) The state trustees,
				  in consultation with the responsible person, may decide to use a restoration
				  project from the equivalent resource plan described in §
										20.36(e)
				  of this title (relating to Equivalent Resource Plans) for the purpose of
				  compensating for injuries to natural resources which are identified as the
				  result of a comprehensive damage assessment conducted under this
				  section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.35 - Negotiated Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) State trustee
				  authority. The state trustees may enter into agreements with responsible
				  persons for the assessment of damages and for the restoration, rehabilitation,
				  replacement and/or acquisition of the equivalent of injured natural resources.
				  State trustees may invite federal trustees to join in a negotiated
				  assessment.
(b) Responsible person
				  request. After receiving a notice of intent to perform an assessment, a
				  responsible person may submit to the lead administrative trustee a request to
				  participate in a negotiated assessment/restoration. The responsible person
				  shall make a timely request in writing.
(c) State trustee response. The state
				  trustees must make a timely response to the responsible person's request for
				  negotiated assessment. If they reject the request, the state trustees must
				  specify the reason(s) for rejection unless the request has not been made in
				  accordance with subsection (b) of this section.
(d) Termination of negotiated
				  assessment/restoration. At any time during a negotiated assessment, either the
				  responsible person or the state trustees may decide to terminate the agreement.
				  The state trustees and the responsible person shall each prepare a written
				  statement of the factual basis for terminating the agreement and this statement
				  will be included in the assessment record.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS › Section 20.36 - Plans for Restoration, Rehabilitation, Replacement and/or Acquisition of the Equivalent of Injured Natural Resources

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The state trustees shall develop
				  and implement a plan for the restoration, replacement, rehabilitation and/or
				  acquisition of the equivalent natural resources.
(b) Requirements. Each restoration plan
				  developed by state trustees shall:
(1)
				  include an analysis of a natural recovery alternative and other appropriate
				  alternative restoration plans;
(2)
				  be cost-effective and technically feasible;
(3) not have restoration costs grossly
				  disproportionate to the value of the natural resources and the services
				  provided by the resources prior to the unauthorized discharge of oil;
(4) allow for corrective revisions in the
				  execution of the restoration plan;
(5) provide for a period of monitoring
				  sufficient to determine the effectiveness of the plan; and
(6) be available for public review and
				  comment for at least 30 days prior to initiation of the plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter D - ADMINISTRATION › Section 20.40 - Assessment Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  assessment record shall contain documents relied upon by the state trustees in
				  selecting appropriate assessment procedures and protocols and in developing
				  restoration plans. The purpose of the assessment record is to ensure
				  documentation of the state trustees' decisions.
(b) Maintenance and central repository. The
				  assessment record shall be developed and maintained by the lead administrative
				  trustee. All closed assessment records from unauthorized discharges of oil into
				  coastal waters shall be maintained by the commissioner in accordance with the
				  records retention schedule of the Texas General Land Office.
(c) Contents. Each assessment record shall
				  contain, at a minimum:
(1) Documents. All
				  final documents and references to documents utilized by state trustees in
				  selecting assessment procedures and protocols, and in developing restoration
				  plans;
(2) Data. All technical,
				  scientific and economic information discovered and relied upon by the state
				  trustees during the assessment;
(3)
				  the Notice of Intent to Perform an Assessment;
(4) the preliminary field investigation
				  report and all other information considered in the pre-assessment
				  phase;
(5) a copy of the assessment
				  and the restoration plan as presented to the responsible person;
(6) all correspondence, agreements and other
				  documents related to the role of the responsible person in the assessment
				  process; and
(7) comments received
				  from the public and the state trustees response to those comments.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter D - ADMINISTRATION › Section 20.41 - Recovery of Damages

Current through Reg. 49, No. 28; July 12, 2024
(a) In an action
				  filed pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas
				  Natural Resources Code, §
										40.107,
				  the state trustees may recover:
(1) the costs
				  incurred by the state trustees in conducting the assessment, including, but not
				  limited to:
(A) salary, fringe benefits,
				  overhead, release, and transportation, lodging and state per diem
				  costs;
(B) the costs of sampling
				  and analyses of oil and natural resources, including reference areas;
(C) the costs of laboratories, contractors,
				  and other experts retained by the state trustees in assessing injury and
				  determining and recovering damages;
(D) the cost of the mediation required by
				  §
												20.43 of
				  this title (relating to Mediation); and
(E) any other costs incurred in carrying out
				  state trustee functions for assessing natural resource damages and for
				  developing, implementing and monitoring plans for the restoration,
				  rehabilitation, and/or acquisition of the equivalent of damaged
				  resources;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter D - ADMINISTRATION › Section 20.42 - Settlements

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiated settlement. A negotiated
				  settlement is a binding agreement in which the responsible person agrees to pay
				  the state trustees a certain amount or to perform certain restoration,
				  rehabilitation, replacement and/or acquisition activities. The state trustees,
				  in consideration of the responsible person's promise, will agree to release the
				  responsible person from further liability for damages to natural resources
				  resulting from an unauthorized discharge of oil. Such release shall not be
				  executed until after the payment is received by the state trustees or until
				  after the restoration, rehabilitation, replacement and/or acquisition project
				  is certified complete by the state trustees.
(b) Settlement agreement. The final agreement
				  between the state trustees and the responsible person shall be subject to
				  public review and comment as set forth in §
										20.44 of
				  this title (relating to Public Participation) and shall provide:
(1) that restoration, replacement and
				  rehabilitation projects be planned and implemented only by persons approved by
				  the state trustees;
(2) that title
				  to real or personal property acquired as compensation for injured natural
				  resources may vest in a public entity only where the terms and conditions for
				  that entity's acceptance of title are met;
(3) that criteria for certification of
				  project completion are specifically enumerated; and
(4) for all items necessary to ensure
				  restoration, rehabilitation, replacement and/or acquisition of equivalent
				  natural resources.