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 20.23 - Responsible Person Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pre-spill activities. Potentially responsible persons may contribute to the
				  development of the natural resources inventory (OSPRA, §40.107(c)(1) -
				  (3)) and in the identification of natural resources most at risk from an
				  unauthorized discharge of oil. Potentially responsible persons may assist the
				  state trustees in identifying protective measures to be utilized in responding
				  to unauthorized discharges of oil, and in identifying personnel and
				  organizations likely to participate in response and assessment
				  activities.
(b) Participation by
				  the responsible person in assessments conducted under these rules. The state
				  trustees shall invite the responsible person to participate in the assessment
				  process, the preliminary field investigation, the selection of assessment
				  methods, the restoration plan, and post-assessment activities. The state
				  trustees may limit or terminate the participation of the responsible person
				  when such participation is inconsistent with the responsibilities of the state
				  trustees.
(c) Participation by the
				  responsible person in assessments not conducted under these rules. When the
				  state trustees conduct an assessment employing procedures and protocols other
				  than those provided for in these rules, the responsible person shall be invited
				  to participate as consistent with subsection (b) of this section.
(d) Assessment data. The state trustees shall
				  provide, upon the written request of the responsible person, photographs, split
				  samples, and final data utilized and discovered by the state trustees during
				  the natural resource damage assessment and the implementation of any
				  restoration plan. The responsible person shall provide, upon the written
				  request of the state trustees, photographs, split samples, and final data
				  utilized and discovered during the natural resource damage assessment and the
				  implementation of any restoration plan.
(e) Agreements and Stipulations. The state
				  trustees and the responsible person should consider entering into binding
				  agreements to facilitate their interactions and resolve any disputes during the
				  assessment. To maximize cost-effectiveness and cooperation, trustees and
				  responsible person should attempt to develop a set of agreed-upon facts
				  concerning the incident and/or assessment. Any assessment conducted with the
				  participation of the responsible person shall include any stipulations agreed
				  to by the responsible person and the state trustees. Stipulations may be
				  proposed by either the responsible person or the state trustees at any time
				  during the assessment. The stipulations shall survive, and shall be binding on
				  all parties, after termination of the responsible person's participation or
				  after the termination of a negotiated assessment.
(f) Limitation on participation by
				  responsible person. Whenever the state trustees agree that the responsible
				  person is interfering with their responsibilities or is causing unreasonable
				  delay in the assessment process, the state trustees may proceed without the
				  participation of the responsible person. The state trustees shall provide the
				  responsible person with a written statement, which they shall include in the
				  assessment record, describing the factual basis for disallowing further
				  participation by the responsible person. The responsible person may rejoin the
				  assessment process or participate without limitation if the responsible person:
(1) makes a showing that the dilatory or
				  disruptive practices will not reoccur; and
(2) performs corrective actions if requested
				  by the trustees.