Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter H - REIMBURSEMENT PROGRAM › Section 334.310 - Requirements for Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For a person to be an eligible owner or operator under this subchapter, each of
				  the following requirements must be met.
(1)
				  The person must meet the other requirements of this chapter (including, but not
				  limited to, the restrictions under §
											334.302
				  of this title (relating to General Conditions and Limitations Regarding
				  Reimbursement; Assignments)) and must be:
(A)
				  an owner or an operator of a petroleum storage tank, hydraulic lift system, or
				  a spent oil tank which is subject to the requirements of Subchapter D of this
				  chapter (relating to Release Reporting and Corrective Action);
(B) any past owner or operator of a tank
				  described in subparagraph (A) of this paragraph who performed corrective action
				  on or after September 1, 1987 in response to a release of petroleum products
				  from such tank;
(C) an owner of
				  land who can clearly prove that the land has been contaminated by a release of
				  petroleum products from a tank described in subparagraph (A) of this paragraph
				  which is or was located on said land and who performed corrective action in
				  response to a release of petroleum products from such tank;
(D) a lender who has a bona fide security or
				  lienhold interest in or mortgage lien on any property where a tank described in
				  subparagraph (A) of this paragraph is or was located and who performed
				  corrective action in response to a release of petroleum products from such
				  tank;
(E) a lender who forecloses
				  on or receives an assignment or deed in lieu of foreclosure and becomes the
				  owner of property contaminated by a release of petroleum products from a tank
				  described in subparagraph (A) of this paragraph, and who performed corrective
				  action in response to a release of petroleum products from such tank;
				  or
(F) an adjacent landowner who
				  can clearly prove that the land has been contaminated by a release of petroleum
				  products from a tank described in subparagraph (A) of this paragraph which is
				  not located on said land, and who performed corrective action in response to a
				  release of petroleum products from such tank, and either:
(i) performed emergency abatement actions by
				  completing all the following:
(I) notifying
				  the agency within 24 hours of discovery that the emergency condition
				  exists;
(II) notifying the local
				  fire marshall (or state fire marshall if no local authority is available)
				  within 24 hours;
(III) taking
				  actions necessary to protect against imminent danger to human health and safety
				  by mitigating fire, explosion, and vapor hazards, by removing phase-separated
				  product from structures, basements, sumps, etc., or performing other actions as
				  deemed necessary by the executive director. Restoration of site to preexisting
				  conditions, cost of relocating utility structures, site assessment, and
				  remediation are not considered part of emergency abatement activities. Any
				  expenses incurred after 72 hours from commencement of the action must be
				  approved by the agency in writing; and
(IV) having the release and threat ultimately
				  confirmed by the agency; or
(ii) committed to undertake the entire
				  cleanup of the leak and contamination from the tank on his property and on all
				  other property by:
(I) obtaining prior
				  approval in writing from the agency;
(II) performing a site assessment to define
				  the extent of the vertical and horizontal contamination at the time of the
				  agreement;
(III) entering into a
				  legal agreement with the owner of the tank whereby the adjacent landowner
				  agrees to indemnify and hold harmless the owner, operator, and other affected
				  landowners for any corrective action or third-party liability effective from
				  the date of the agreement; and
(IV)
				  performing all corrective action in conformance with this chapter, and all
				  other applicable rules and regulations. The applicable deductible for
				  reimbursement under §
														334.312
				  of this title (relating to Owner/Operator Contribution) for cleanups undertaken
				  by adjacent landowners under this subsection shall be the same as that
				  applicable to the registered owner of the tank.