reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.32 - Admissibility of Prepared Testimony and Exhibits

Current through Reg. 49, No. 28; July 12, 2024
Where a proceeding will be expedited and the interests of the
				  parties will not be substantially prejudiced, evidence may be received in
				  written form. The prepared testimony of a witness upon direct examination,
				  either in narrative or question-and-answer form, may be incorporated into the
				  record as if read or received as an exhibit. A witness upon direct examination
				  shall be sworn and shall identify the prepared testimony as a true and accurate
				  reflection of what the testimony would be if given orally. The witness shall be
				  subject to cross-examination and the prepared testimony shall be subject to a
				  motion to strike either in whole or in part.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.33 - Introduction of Exhibits

Current through Reg. 49, No. 28; July 12, 2024
Exhibits of documentary character shall not unduly encumber
				  the files and records of the General Land Office.
(1) Tender and service. Where practical, the
				original of each exhibit offered shall be tendered to the examiner for
				identification. At the discretion of the examiner, a copy of an original
				exhibit may be accepted in lieu of the original. One copy shall be furnished to
				the examiner and one copy shall be furnished to each party of record or its
				representative. Written or printed documents and maps received in evidence may
				not be withdrawn except with the approval of the examiner.
(2) Excluded exhibits. If an exhibit is
				identified, objected to, and excluded, the party offering the exhibit may
				withdraw the exhibit and the examiner may permit its return. If the excluded
				exhibit is not withdrawn, it shall be identified, endorsed with the examiner's
				ruling, and included in the record for the limited purpose of preserving an
				exception to the examiner's ruling.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.34 - Testimony Limited

Current through Reg. 49, No. 28; July 12, 2024
The examiner shall have the right in any proceeding to limit
				  testimony which is merely cumulative.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.35 - Post-Hearing Briefs

Current through Reg. 49, No. 28; July 12, 2024
(a) Post-hearing
				briefs may be requested by the examiner prior to and after the filing of the
				examiner's proposal for decision.
(b) Briefs shall conform, where practicable,
				to the requirements set out in §
									17.12 of
				this title (relating to Pleadings). The issues involved shall be concisely
				stated, the evidence adduced in the hearing in support of each contention shall
				be summarized, and the arguments and authorities shall be organized and
				directed to each contention in a concise and logical manner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.36 - The Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of
				record. The record in a contested case includes:
(1) all pleadings, motions, briefs, and
				interim orders;
(2) evidence
				received or considered;
(3) a
				statement of matters officially noticed;
(4) questions and offers of proof,
				objections, and rulings on objections;
(5) any decision, opinion, or report by the
				examiner presiding at the hearing;
(6) all staff memoranda or data submitted to
				or considered by the hearing examiner or members of the agency who are involved
				in making the decision;
(7)
				proposed findings and exceptions;
(8) any findings of fact or conclusions of
				law;
(9) the final order of the
				commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.37 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
In either a contested or an uncontested case, if the
				  commissioner has not personally heard the evidence in the case or read the
				  entire record, a decision adverse to a party other than the agency shall not be
				  issued until after a proposal for decision has been prepared by the hearing
				  examiner, served on all parties, and each party has been afforded the
				  opportunity to file exceptions and present briefs to the commissioner. If any
				  party files exceptions or presents briefs, an opportunity must be afforded to
				  all other parties to file replies to the exceptions or briefs. A proposal for
				  decision must contain a statement of the issues in dispute, the reasons for the
				  proposed decision, and findings of fact and conclusions of law necessary to
				  support the proposed decision. Such examiner's proposal for decision shall be
				  prepared by the hearing examiner and served on all parties of record within 30
				  days after conclusion of the evidence in the case, unless the hearing examiner,
				  at that time, specifies a longer period of time within which the proposal for
				  decision may be issued.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.38 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				party of record may, within 10 days after service of the examiner's proposal
				for decision, file with the commissioner exceptions to the proposal for
				decision. Replies to such exceptions shall be filed within seven days after the
				date of the filing of exceptions. The examiner may extend the time for filing
				of exceptions and replies. A request for extension of time within which to file
				exceptions or replies shall be filed with the examiner and shall be served on
				all parties of record prior to the expiration of the relevant filing period.
				The examiner shall rule promptly on requests for extension of time and notify
				all parties of such ruling.
(b)
				Exceptions and replies to exceptions shall concisely state, with particularity,
				the relied upon evidence, arguments, and legal authority.
(c) Upon the expiration of the time for
				filing exceptions or replies to exceptions, or after such replies and
				exceptions have been filed and considered, the examiner's proposal for decision
				shall be considered by the commissioner, who shall render a decision and issue
				an order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.39 - Commissioner's Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on the
				findings of fact and the recommendations of the hearing examiner, the
				commissioner, by order, may find that a violation has occurred and assess a
				penalty and costs and/or order the removal and disposal of an unauthorized
				structure or facility, or may find that no violation occurred.
(b) If the commissioner finds that a
				violation has occurred and assesses a penalty or orders the removal and
				disposal of an unauthorized structure or facility, the commissioner shall give
				the owner or operator charged, lienholders, and any party to the administrative
				hearing written notice of:
(1) the
				commissioner's findings;
(2) the
				amount of the penalty and costs and/or the terms of the order for removal and
				disposal of the structure or facility; and
(3) the right of the owner or operator,
				lienholder, and any party to the administrative hearing to judicial review of
				the commissioner's order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.40 - Rehearing

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
									17.44
				  of this title (relating to Emergency Orders), a motion for rehearing is a
				  prerequisite to an appeal. A motion for rehearing must be filed by a party
				  within 20 days after the date the party or the attorney of record is notified
				  of the final decision or order as required by §
									17.39 of
				  this title (relating to Commissioner's Orders). Replies to a motion for
				  rehearing must be filed with the agency within 30 days after the date that the
				  party or the attorney of record is notified of the final decision or order as
				  required by §
									17.39 of
				  this title. If agency action is not taken within the 45-day period, the motion
				  for rehearing is overruled by operation of law 45 days after the date the party
				  or the attorney of record is notified of the final decision or order required
				  by §
									17.39 of
				  this title. The commissioner may, by written order, extend the period of time
				  for filing motions for rehearing and replies and for agency action on a motion
				  for rehearing except that an extension may not extend the period for agency
				  action beyond 90 days after the date that the parties of record are notified of
				  the commissioner's order as required by §
									17.39 of
				  this title. In the event of an extension, the motion for rehearing is overruled
				  by operation of law on the date fixed by the order or in the absence of a fixed
				  date, 90 days after the date the party or the attorney of record is notified of
				  the final decision or order as required by §
									17.39 of
				  this title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.41 - Compliance or Petition for Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than the 30th day after the
				date on which the commissioner's order is effective, pursuant to §
									17.43 of
				this title (relating to Effective Date of Order), the order shall be complied
				with or a petition for judicial review shall be filed.
(b) Judicial review of the order or decision
				of the commissioner shall be under the Texas Government Code, §
									2001.171, et
				seq.
(c) If neither the
				commissioner nor the party affected by the order files a petition for judicial
				review, the private party must pay all assessed penalties, removal costs, and
				other assessed fees, costs and expenses within 60 days after the date on which
				the commissioner's order is final. If the private party neither seeks judicial
				review nor pays the full assessed amount within 60 days, the commissioner may:
(1) sell salvageable parts or attachments of
				the unauthorized or dangerous structure to offset any penalties, costs, and
				other fees and expenses assessed;
(2) record a lien against such adjacent
				littoral property, as may be owned by the party who constructed, maintained,
				owned or possessed the unauthorized or dangerous structure, in the total amount
				of the penalties, costs, and other fees and expenses assessed;
(3) request the attorney general to institute
				civil proceedings to collect the penalties, costs, and other fees and expenses
				remaining unpaid; or
(4) use any
				combination of the remedies prescribed by this subsection or other remedies
				authorized by law to collect the unpaid penalties, costs, and other fees and
				expenses assessed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.42 - Administrative Finality

Current through Reg. 49, No. 28; July 12, 2024
Administrative action shall become final upon the occurrence
				  of any of the following:
(1) failure
				to submit a written request for a hearing not later than the 30th day after the
				date on which the notice is served in accordance with §
									17.7(d)
				of this title (relating to Initiation of General Land Office Action);
(2) issuance by the commissioner of an order
				and failure to file a motion for rehearing in accordance with §
									17.40 of
				this title (relating to Rehearing); or
(3) issuance by the commissioner of an order
				and denial of a motion for rehearing, either expressly or by operation of law;
				or
(4) issuance by the commissioner
				of an order which includes a statement that no motion for rehearing will be
				entertained because the threat of imminent peril to the public health, safety,
				or welfare requires immediate effect be given to such order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.43 - Effective Date of Order

Current through Reg. 49, No. 28; July 12, 2024
The effective date of an order, unless otherwise stated, is
				  the date of its signing by the commissioner. That date shall be incorporated
				  into the body of the order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.44 - Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
If the commissioner finds that an imminent peril to public
				  health, safety, or welfare requires immediate effect of an order, such finding
				  shall be stated in the order. The commissioner shall also state that such order
				  is final and effective from and after the date signed. Such an order shall be
				  final and appealable from and after the date signed and no motion for rehearing
				  shall be required as a prerequisite for appeal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.45 - Show Cause Orders and Complaints

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may, at any time after notice to all
				  interested parties, cite any person or agency under his jurisdiction to appear
				  at a public hearing and require such person or agency to show cause why it
				  should not comply with any applicable statute, rule, regulation, or general
				  order of the General Land Office relating to the Texas Natural Resources Code,
				  §
									51.302,
				  with which it is allegedly in noncompliance or why the agency should not take a
				  particular action permitted by law. All such show cause hearings shall be
				  conducted in accordance with the provisions of these
				  sections.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.46 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise authorized by law, a hearing examiner in a
				  contested case may not communicate, directly or indirectly, with any agency,
				  person, party, or its representative regarding any issue of fact or law
				  relating to such case, except on notice and opportunity for all parties to
				  participate. Pursuant to the authority provided in the Texas Government Code,
				  §
									2001.061,
				  however, the commissioner, chief clerk, or an employee of the General Land
				  Office who is assigned to render a decision or to make findings of fact and
				  conclusions of law in a contested case may communicate ex parte with employees
				  of the General Land Office who have not participated in any way in preparation
				  for or as a participant or witness in such contested case in order to utilize
				  the special skills of the agency and its staff in evaluating the
				  evidence.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.47 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) The issuance of subpoenas in any
				proceeding shall be governed by the Texas Government Code, §
									2001.089.
				The General Land Office may issue subpoenas addressed to any sheriff or
				constable to require the attendance of witnesses and the production of books,
				records, papers, or other objects as may be necessary and proper for the
				purposes of a proceeding. A subpoena may be issued by the commissioner, the
				chief clerk, or during the course of a hearing, by a hearing
				examiner.
(b) Motions for subpoenas
				to compel the production of books, records, papers, or other objects shall be
				addressed to the hearing examiner, shall be verified, and shall specify as
				specifically as possible the books, records, papers, or other objects
				desired.
(c) Subpoenas shall be
				issued only after a showing of good cause and after the deposit of sufficient
				funds to ensure payment of expenses incident to the issuance of such subpoenas.
				Service of subpoenas and payment of witness fees shall be made in the manner
				prescribed in the Texas Government Code, §
									2001.103.
(d) A witness or deponent who is not a party
				and who is subpoenaed or otherwise compelled to attend any hearing or
				proceeding to give a deposition or to produce books, records, papers, or other
				objects that may be necessary and proper for the purposes of the proceeding
				under the authority of this section is entitled to receive:
(1) mileage of $.10 a mile, or a greater
				amount as prescribed by agency rule, for going to, and returning from the place
				of the hearing or the place where the deposition is taken, if the place is more
				than 25 miles from the person's place of residence; and
(2) a fee of $10 a day, or a greater amount
				as prescribed by agency rule, for each day or part of a day the person is
				necessarily present as a witness or deponent.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.48 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
The taking and use of depositions in any proceeding shall be
				  governed by the Texas Government Code, §
									2001.081, et
				  seq.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.49 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
Appeals from any final judgment of the district court may be
				  taken by any party in the manner provided for in civil actions generally, but
				  no appeal bond may be required of an agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.50 - Remedies Not Exclusive

Current through Reg. 49, No. 28; July 12, 2024
The remedies under Texas Natural Resources Code §
									51.302
				  and §
									51.3021
				  are cumulative and not exclusive. The Texas Natural Resources Code does not
				  require exhaustion of administrative remedies as a condition precedent to any
				  other remedy, nor does it prohibit any person from bringing an action at common
				  law or under any other law consistent with Texas Natural Resources Code §
									51.302
				  and §
									51.3021.
				  No such action shall collaterally estop or bar the commissioner in any
				  proceeding under this chapter or under the Texas Natural Resources
				  Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 19.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes a final rule under the Oil
					 Spill Prevention and Response Act of 1991 (OSPRA), Texas Natural Resources
					 Code, Chapter 40, which became law March 28, 1991. OSPRA supports and
					 complements the Oil Pollution Act of 1990 (OPA),
					 Public Law
					 101-380, which became law on August 18,
					 1990.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 19.3 - Inspections and Access to Property

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Officers, employees, or authorized agents of the General Land Office (GLO) may
				  enter and inspect any land, building, facility, vessel, device, equipment, or
				  other property to respond to an unauthorized discharge, to determine compliance
				  or noncompliance with OSPRA or any rule, order, or certificate issued under
				  OSPRA, to ascertain discharge prevention and response capability, and to assess
				  natural resources damages. Drills, audits, and inspections may be announced or
				  unannounced. If unannounced, the GLO will make a reasonable effort to obtain
				  the consent of the owner of the vessel or facility prior to entry. In the event
				  of a response to an unauthorized discharge of oil or the threat of an
				  unauthorized discharge of oil, the GLO will also make a reasonable effort to
				  obtain consent; this effort will be consistent with the need for prompt
				  abatement and containment actions for the protection of health, safety, and
				  natural resources. A reasonable effort to obtain consent means that a readily
				  identifiable owner or owner's representative has been informed of the GLO's
				  authority to undertake the proposed actions requiring entry and that the
				  purpose of the entry has been described and the owner and or his representative
				  have been afforded the opportunity to accompany the GLO during the audit or
				  inspection or to be kept informed of GLO activities during a response
				  event.
(b) The GLO's officers,
				  employees, and agents will present credentials and explain the purpose and
				  scope of the requested entry onto private property. Upon gaining access to the
				  property, the GLO's representative may:
(1)
				  sample and test any substance or environmental media;
(2) observe the performance of
				  equipment;
(3) take photographs and
				  videotapes and other recordings;
(4) review and copy documents;
(5) inspect discharge prevention and response
				  equipment and supplies;
(6) inspect
				  containment and drainage areas and any other portion of the facility or vessel
				  where oil is handled.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 19.4 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon written request, the commissioner
				  may waive a provision of this chapter if the commissioner determines that the
				  application of the provision would be inconsistent with the fundamental intent
				  and purpose of OSPRA. The commissioner may also waive any requirement of this
				  chapter if the commissioner determines that other existing federal or state
				  statutory or regulatory provisions provide requirements necessary to implement
				  OSPRA.
(1) Waiver from requirements of this
				  chapter. Any person may request a waiver from a requirement of this chapter by
				  submitting the following information to the commissioner:
(A) the name, address, and telephone number
				  of the person submitting the requested waiver, and if that person is the agent
				  of the person requesting the waiver, then the agent must also state the name,
				  address, and telephone number of the person for whom the waiver is
				  requested;
(B) a specific reference
				  to the requirement from which the person is requesting a waiver;
(C) a detailed statement of the reasons which
				  warrant a waiver;
(D) an analysis
				  of the waiver's impact on the person's ability to prevent, abate, clean up, and
				  remove 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 A - GENERAL PROVISIONS › Section 19.5 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The General Land Office (GLO) will promulgate forms for
					 applications, filings, and reports required by OSPRA or this chapter. Where
					 this chapter specifies that a particular form is available from the GLO, the
					 applicant, claimant, or person filing information with the GLO must use the GLO
					 form. The applicant, claimant, or person filing may supplement the GLO form
					 with separate documentation where not inconsistent with this
					 chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 19.6 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
An applicant, claimant, or person filing information with
					 the General Land Office (GLO) must make any claim of confidentiality of
					 documentation, records, or information when it is filed with the GLO or the
					 claim of confidentiality is waived.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter B - SPILL PREVENTION AND PREPAREDNESS › Section 19.11 - Classification of Waterfront and Offshore Facilities

Current through Reg. 49, No. 28; July 12, 2024
Waterfront and offshore facilities are classified based on
					 their capacity to transfer or store oil. Oil that is integral to equipment,
					 such as oil in transformers or lubricating oil in machinery, is not included in
					 determining storage or transfer capacity.
(1) Small--A facility that transfers oil
				  through pipelines, flow lines, gathering lines, or trunk lines with a line
				  diameter of four inches or less or that has the capacity to store 1,320 gallons
				  or less of oil.
(2) Intermediate--A
				  facility that transfers oil through pipelines, flow lines, gathering lines, or
				  trunk lines with a line diameter of greater than four inches up to and
				  including twelve inches or that has the capacity to store more than 1,320
				  gallons up to and including 250,000 gallons of oil.
(3) Large--A facility that transfers oil
				  through pipelines, flow lines, gathering lines, or trunk lines with a line
				  diameter greater than 12 inches or that has the capacity to store more than
				  250,000 gallons of oil.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter B - SPILL PREVENTION AND PREPAREDNESS › Section 19.14 - Updating of Information; Renewal and Suspension of Certificates; Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Update of
				  application information. Facility operators are required to report any material
				  changes as provided for in §19.12(h). Facility operators must ensure that
				  the information in the interactive website is regularly updated to reflect any
				  changes as provided in §19.12(i). Changes that do not require a
				  re-classification must be reported no later than the anniversary of the date
				  the certificate was issued. Facility operators can update information on file
				  with the GLO in the following ways:
(1)
				  Internet. The GLO has established a link on its website (
www.glo.texas.gov
) to allow facility operators
				  to review and amend application information on file with the GLO. Facility
				  operators can use the identification number, which is issued with the
				  certificate, to access this interactive link. To minimize the GLO's
				  administrative expense of updating information, the GLO encourages certificate
				  holders to use the Internet to revise facility information on file with the
				  GLO.
(2) Mail. If a facility
				  operator cannot update application information over the Internet, updated
				  information can be sent by standard mail or email to the appropriate GLO
				  regional office. Contact information for the regional office covering a
				  particular facility can be obtained by calling the main oil spill program
				  office in Austin at (512) 475-1575 or by visiting
www.glo.texas.gov
.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter B - SPILL PREVENTION AND PREPAREDNESS › Section 19.16 - Person in Charge

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon applying
				  for a certificate, the applicant must designate a person or persons in charge
				  of the facility for purposes of ensuring that General Land Office (GLO) is
				  notified of unauthorized discharges at the facility and that the facility meets
				  all other requirements of OSPRA. The designation must be by name and by job
				  title.
(b) A facility must have a
				  person in charge at the facility at all times the facility is normally attended
				  by personnel. For those facilities or at those times at which personnel are not
				  normally present, the facility must at all times have a person in charge on
				  call and capable of travelling immediately to the facility to respond to an
				  actual or threatened unauthorized discharge. The person in charge must have the
				  independent authority to deploy response equipment and personnel and to expend
				  funds for response actions.
(c) It
				  is the duty of the owner and the operator of the facility to inform the person
				  in charge of the duties established under OSPRA and this chapter with respect
				  to unauthorized discharge prevention and response.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter B - SPILL PREVENTION AND PREPAREDNESS › Section 19.20 - Certification of Discharge Cleanup Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons or organizations desiring
				  certification as discharge cleanup organizations must apply to the General Land
				  Office (GLO). Application forms are available from the GLO.
(b) A discharge cleanup organization must be
				  certified by the GLO to be listed by an owner or operator as a source of
				  adequate response equipment and/or personnel in a facility or vessel discharge
				  prevention and response plan.
(c)
				  An owner or operator of the facility or vessel will not be required to comply
				  with this section if its response activities are limited to its own
				  unauthorized discharges or to assistance rendered to others in emergency
				  situations. The requirements of this section apply to those organizations who
				  engage in the business of emergency spill response and cleanup
				  operations.
(d) Discharge cleanup
				  organizations will be categorized as either industry or volunteer.
(1) Industry organizations are those entities
				  capable of containing, abating, removing and disposing of, or arranging for the
				  disposal of oil and waste from an unauthorized discharge. Industry
				  organizations have personnel trained pursuant to 29 Code of Federal Regulations
				  §1910.120 and subsequent revisions and have equipment or access to
				  equipment sufficient to perform response operations pursuant to national and
				  state contingency plans.
(2)
				  Volunteer organizations are those entities whose primary purpose is protecting,
				  rescuing, or rehabilitating wildlife and natural resources injured or damaged
				  by an unauthorized discharge. Volunteer organizations must only be permitted by
				  the Texas Parks and Wildlife Department or have certification from an
				  organization with equivalent standards for the purposes of wildlife
				  rehabilitation and other response activities concerning rescuing of any animal
				  affected by a discharge. A separate GLO certificate is not required of the
				  above-described wildlife and natural resource volunteer organizations.
				  Volunteer organizations are also those entities who assist in other response
				  activities approved by the on-scene coordinator but who do not receive
				  compensation for their efforts.
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 19.31 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
The General Land Office (GLO) has jurisdiction over and
					 will respond to any actual or threatened discharge of oil that enters or
					 threatens to enter coastal waters.
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 19.32 - Reporting an Unauthorized Discharge

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  report an actual or threatened unauthorized discharge of oil into Texas coastal
				  waters, phone the General Land Office (GLO) at 1-800-832-8224. This line will
				  be staffed at all times.
(b) The
				  person in charge of the facility or vessel from which an unauthorized discharge
				  emanates or threatens to emanate and the person responsible for the discharge
				  both have the duty to immediately report the discharge to the GLO. Reporting by
				  either of those persons or by an employee or agent of either shall satisfy the
				  notice requirement.
(c)
				  Immediately, for purposes of this section, means within one hour of the time
				  the discharge is discovered. In determining immediate notification the GLO will
				  consider the need for initial abatement, containment, and response actions, the
				  accessibility of communication devices and the reasonableness of the person's
				  efforts to immediately report, and whether the discharge could reasonably have
				  been discovered earlier.
(d)
				  Notification by any person who has been authorized or requested by the person
				  in charge or by the responsible person to give notice of the discharge shall be
				  imputed to the person who has the duty to report for purposes of determining
				  compliance with this section.
(e)
				  The notification, in order to be deemed complete, shall accurately describe the
				  following:
(1) the substance and quantity
				  actually discharged or potentially dischargeable and the rate of
				  discharge;
(2) the time, location
				  by latitude and longitude, N.A.D. 27 or N.A.D. 83, or by state plane
				  coordinates indicating zone or by Universal Transverse Mercator coordinates
				  indicating zone, if known, and the apparent cause of the actual or potential
				  discharge;
(3) the size of the area
				  actually impacted by the discharge and the area potentially impacted and
				  whether or not any environmentally sensitive areas will be affected;
(4) the nature of any response actions
				  undertaken and the identity of the person or discharge cleanup organization
				  engaged or engaging in response activities;
(5) the name and title of the responsible
				  person, the person in charge, and the person reporting the discharge;
				  and
(6) the manner in which the
				  responsible person and the facility or vessel involved in the actual or
				  threatened discharge may be contacted.
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 19.35 - Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Other than persons employed by the
				  responsible person or certified discharge cleanup organizations under contract
				  with the responsible person, or any person conducting initial emergency
				  response assistance, no person shall conduct cleanup operations without the
				  approval of the on-scene coordinator. Authorization may be given individually
				  or blanket authorization may be given to any group or class of persons or
				  organizations. The General Land Office (GLO) will give preference to those
				  persons who are certified as discharge cleanup organizations and to trained and
				  qualified personnel.
(b) Any person
				  or discharge cleanup organization participating in response operations shall
				  not receive or be eligible to receive compensation from the fund unless the
				  participation was authorized by the GLO. A person or organization is entitled
				  to a qualified immunity from liability for damages, response costs, or
				  penalties only if acting pursuant to request of the on-scene coordinator, the
				  responsible person, or in accord with the applicable contingency plan or
				  response plan.
(c) The GLO may
				  waive the prior authorization requirement only if the assistance rendered was
				  consistent with applicable contingency plans, and response plans, and was
				  effective, cost-efficient, reasonably necessary, and did not endanger life,
				  property, or natural resources.
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 19.36 - Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) Waste from unauthorized discharges must
				  be disposed of only at sites that have all necessary permits to accept the type
				  of waste discharged.
(b) All
				  responsible persons and discharge cleanup organizations engaged in spill
				  response operations shall minimize the generation of waste by utilizing
				  techniques such as reusing sorbent pads, recycling recovered oil, recovering
				  boom, and best available technologies.
(c) The responsible person must remove all
				  waste generated from an unauthorized discharge of oil from the temporary
				  staging area within 14 days of the completion of all response
				  operations.
(d) When waste is
				  generated in connection with spill response activities, the state on-scene
				  coordinator may require the responsible person 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 to the state on-scene
				  coordinator.
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 19.37 - Completion of Response

Current through Reg. 49, No. 28; July 12, 2024
(a) The General
				  Land Office (GLO) will consider the opinions of the designated trustees in
				  determining whether response actions are complete.
(b) In addition to reporting an unauthorized
				  discharge immediately after it occurs, the responsible person may be required
				  to file a written report with the GLO. If required, the reporting form will be
				  provided to the responsible person by the state on-scene coordinator. The
				  report is due 60 days after being directed by the state on-scene coordinator to
				  complete the report or 60 days after the response actions have been declared
				  complete by the state on-scene coordinator, whichever date is earlier. The
				  report must contain the following information:
(1) incident date and time the responsible
				  person was first aware oil threatened to enter Texas coastal waters;
(2) amount of oil spilled;
(3) product spilled;
(4) areas that were impacted by the
				  spill;
(5) description of
				  incident;
(6) summary of response
				  activity;
(7) a description of the
				  following actions which will be taken to prevent spills of a similar nature,
				  including their effective implementation date:
(A) conducting an analysis of the cause of
				  the unauthorized discharge;
(B)
				  training to be implemented;
(C)
				  equipment operation and maintenance;
(D) revised procedures;
(E) revised inspection schedules;
				  and
(F) organizational
				  changes.
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 19.39 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
If the commissioner determines that the application of any
					 provision of this subchapter would impair the effective and expeditious
					 abatement, containment, removal, cleanup, or remediation of an unauthorized
					 discharge or pollution or damage from an unauthorized discharge, or
					 unreasonably endanger public health, safety, or welfare, public or private
					 property, or natural resources, the commissioner may waive that
					 provision.
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 19.51 - State Agency Reporting and Reimbursement Procedures

Current through Reg. 49, No. 28; July 12, 2024
To receive reimbursement from the fund for costs incurred
					 in responding to an unauthorized discharge, a state agency must, within 90 days
					 of the General Land Office's (GLO) declaration of the completion of response
					 actions, submit to the GLO a report of its response activities and an
					 itemization of the response costs it incurred. The GLO will approve
					 reimbursement from the fund for costs of response actions it authorized or for
					 any other reasonable and necessary response costs consistent with state
					 response actions. The GLO may require additional information to support a
					 response costs reimbursement claim under this section.
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 19.52 - Designation of Responsible Person; Advertising Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) The General Land Office (GLO) will
				  conduct a preliminary investigation of the discharge. If the GLO determines
				  that the unauthorized discharge has caused any damages compensable under OSPRA,
				  the GLO will identify the person or persons who appear responsible for the
				  discharge.
(1) Upon a determination that
				  damages compensable under OSPRA have resulted from an actual unauthorized
				  discharge of oil or are likely to result from a threatened discharge, the GLO
				  will immediately designate the responsible person. The GLO will make this
				  determination based on the actual conditions observed at the site of the
				  discharge or threatened discharge and will consider the following factors:
(A) the quantity of oil discharged or
				  potentially dischargeable;
(B) the
				  location and probable path of the discharge;
(C) the proximity to real or personal
				  property owned by a person other than the responsible party;
(D) the natural resources likely to be
				  affected;
(E) any other
				  circumstance or factor relevant to an assessment of the impact of the actual or
				  threatened discharge.
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 19.53 - Claims Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) OSPRA
				  established the fund to provide immediately available compensation for response
				  costs incurred and damages suffered as a result of an unauthorized discharge.
				  The intent of this section is to avoid economic displacement and to simplify
				  resolution of liability issues by creating procedures conducive to settlement
				  and adjustment of claims in as orderly, efficient, and timely a manner as
				  possible. "Reasonably responded" for the purposes of this section means that
				  the receipt of the claim has been acknowledged, that claimant has been advised
				  of the need for any further documentation to complete claims processing, and
				  that the claimant has been advised in writing whether or not the responsible
				  person will make an offer of settlement on any part or all of the claim and the
				  date by which such offer will be made.
(b) If there is a designated responsible
				  person, all claims must be presented to the designated responsible person
				  first.
(1) If the claim is for $50,000 or less
				  and is not reasonably responded to within 30 days of presentation to the
				  designated responsible person, the claimant may present the claim to the
				  General Land Office (GLO).
(2) If
				  the claim is for over $50,000 and is not reasonably responded to within 90 days
				  of presentation to the designated responsible person, the claimant must present
				  the claim to the federal fund prior to the presentation to the GLO. If a claim
				  presented to the federal fund is not settled within 60 days of presentation,
				  the claimant may then present it to the GLO.
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 19.54 - Natural Resource Damages

Current through Reg. 49, No. 28; July 12, 2024
To determine natural resource damages for purposes of an
					 action under OSPRA, the General Land Office (GLO) may use the natural resource
					 damages assessment methods adopted pursuant to Chapter 20 of this title
					 (relating to Natural Resource Damage Assessment) or the methods by the United
					 States Department of Interior under the Comprehensive Environmental Response,
					 Compensation, and Liability Act of 1980 (42
					 United States Code §1321 et seq.), or by
					 the United States Department of Commerce under OPA. The GLO may use any
					 reliable methods of assessment that it deems reasonable given the particular
					 resources affected.