Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.9 - Seller's Disclosure

Current through Reg. 49, No. 28; July 12, 2024
Effective on and after the effective date of this
					 subchapter, any person who sells or otherwise legally conveys a tank (or tank
					 system) which is designed or intended to be installed as an underground storage
					 tank (UST) or an aboveground storage tank (AST) must provide the purchaser (or
					 grantee) with written notification of a tank owner's obligations relative to
					 the agency's tank registration, compliance self-certification, and
					 construction/installation notification provisions under §
										334.7
					 of this title (relating to Registration for Underground Storage Tanks (USTs)
					 and UST Systems); §
										334.127
					 of this title (relating to Registration for Aboveground Storage Tanks (ASTs));
					 §
										334.8
					 of this title (relating to Certification for Underground Storage Tanks (USTs)
					 and UST Systems); §
										334.6
					 of this title (relating to Construction Notification for Underground Storage
					 Tanks (USTs) and UST Systems); and §
										334.126
					 of this title (relating to Installation Notification for Aboveground Storage
					 Tanks (ASTs)).
(1) The written
				  notification must include the names and addresses of the seller (or grantor)
				  and the purchaser (or grantee), the number of tanks involved, a description of
				  each tank (capacity, tank material, and product stored, if applicable), and the
				  agency's designated facility identification number (if the entire facility is
				  being conveyed).
(2) This
				  notification requirement applies to any transfers or conveyances of a new or
				  used tank from one person to another person, and also applies to the sales of
				  real property where USTs and/or ASTs are located.
(3) The written notification must be provided
				  by the seller (or grantor) to the purchaser (or grantee) prior to the
				  conveyance of the tanks, or prior to the time of the real property closing, as
				  applicable.
(4) For the purpose of
				  fulfilling the disclosure requirements of this section as to USTs, the
				  following language (together with the information in paragraph (1) of this
				  section) is deemed sufficient: "The underground storage tank(s) which are
				  included in this conveyance are presumed to be regulated by the Texas
				  Commission on Environmental Quality and may be subject to certain registration,
				  compliance self-certification, construction notification, and other
				  requirements found in Title 30 Texas Administrative Code, Chapter
				  334."
(5) For the purpose of
				  fulfilling the disclosure requirements of this section as to ASTs, the
				  following language (together with the information in paragraph (1) of this
				  section) is deemed sufficient: "The aboveground storage tank(s) which are
				  included in this conveyance are presumed to be regulated by the Texas
				  Commission on Environmental Quality and may be subject to certain registration,
				  delivery prohibition, installation notification, and other requirements found
				  in Title 30 Texas Administrative Code, Chapter 334."