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 19.18 - Audits, Drills, and Inspections to Determine Prevention and Response Capability

Current through Reg. 49, No. 28; July 12, 2024
(a) An audit is
				  a full review of a facility's or vessel's compliance with the requirements of
				  OSPRA and regulations adopted pursuant thereto. An audit may be announced or
				  unannounced. Audits will be commenced between the hours of 7:00 a.m. and 6:00
				  p.m. The owner and/or operator of the facility or vessel subject to audit must
				  produce records related to unauthorized discharges of oil into coastal waters,
				  discharge prevention and response plans, equipment inventory, maintenance and
				  repair, safety data sheets for oil handled, oil storage and throughput,
				  financial responsibility, personnel certification and training, and daily
				  records and other documents and records containing information relevant to
				  compliance with OSPRA. The representative of the GLO is authorized to view all
				  equipment at the facility that is available for responding to unauthorized
				  discharges of oil. The GLO representative is authorized to enter any portion of
				  the facility and vessel where oil is handled or stored, where discharge
				  prevention and response equipment and supplies are stored and maintained or
				  where oil transfer operations are being performed. Although the audit may be
				  unannounced, prior to entering the facility, the GLO representative will make a
				  reasonable effort, as defined in §
										19.3(a)
				  of this title (relating to Inspections and Access to Property), to obtain the
				  consent of the owner or operator or his representative.
(b) An inspection is a review of a specified
				  area or areas of a facility or vessel for a specified purpose. An inspection
				  may be announced or unannounced. Inspections between the hours of 7:00 a.m. and
				  6:00 p.m. may be unannounced. Inspections after 6:00 p.m. and before 7:00 a.m.
				  will be announced. The GLO will make a reasonable effort to obtain the consent
				  of the owner or operator or a representative of either prior to entering
				  property to conduct the inspection. At the commencement of the inspection, the
				  GLO representative will inform the owner or operator of the area or areas to be
				  inspected and the purpose of the inspection. The areas and purposes of an
				  inspection are limited to those set forth in subsection (a) of this
				  section.
(c) A drill is a test of
				  equipment and personnel in operation. A drill is in response to a mock
				  discharge which is conducted by GLO representatives who determine the extent
				  and parameters of the exercise. A drill may be announced or unannounced. Prior
				  to entering property in order to conduct the drill, the GLO will make a
				  reasonable effort to obtain consent of the owner or operator or representative
				  of either to enter the property. Drills will be commenced between the hours of
				  7:00 a.m. and 6:00 p.m. and all drills involving vessels will be conducted in
				  cooperation with the United States Coast Guard. A drill involving a facility
				  will be conducted in cooperation with any other governmental agencies whom the
				  GLO intends to involve in the mock operation.
(d) A vessel or facility will not be
				  subjected to more than a total of two audits and/or GLO conducted drills in one
				  12-month period. This limitation will not apply to any vessel or facility that
				  has violated OSPRA, any regulation promulgated thereunder, or any order of the
				  commissioner.
(e) The owner or
				  operator of the vessel or facility must bear its own costs of the audit, drill,
				  or inspection and may not be reimbursed its costs from the fund. The GLO may,
				  however, pay all or part of the cost of an oil spill drill under limited
				  circumstances. The GLO's decision to pay for a drill will be based on a
				  determination that the facility is located in an environmentally sensitive area
				  and has been involved in a greater number of spills or requires more complex
				  audits or drills because of its location. If the GLO pays for any part of the
				  cost of the drill, the GLO will invite other facility operators in the vicinity
				  to observe or participate in the drill for training purposes.
(f) Performance of an audit, drill, or
				  inspection does not estop the state in an action brought under OSPRA or any
				  other law from alleging a violation of OSPRA or any such law.