| (a) At all times, there shall be at least one employee either
on the facility premises or on call (i.e., available to respond to an emergency
by reaching the facility within a short period of time) with the responsibility
for coordinating all emergency response measures. This emergency coordinator
shall be thoroughly familiar with all aspects of the facility's contingency
plan, all operations and activities at the facility, the location and characteristics
of waste handled, the location of all records within the facility, and the
facility layout. In addition, this person shall have the authority to commit
the resources needed to carry out the contingency plan.
(b) Whenever there is an imminent or actual emergency situation,
the emergency coordinator (or his designee when the emergency coordinator
is on call) shall immediately:
(1) activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(2) notify appropriate state or local agencies with designated
response roles if their help is needed.
(c) Whenever there is a release, fire, or explosion, the emergency
coordinator shall immediately identify the character, exact source, amount,
and areal extent of any released materials. The emergency coordinator may
do this by observation or review of facility records or manifests, and, if
necessary, by chemical analysis.
(d) Concurrently, the emergency coordinator shall assess possible
hazards to human health or the environment that may result from the release,
fire, or explosion. This assessment shall consider both direct and indirect
effects of the release, fire, or explosion (e.g., the effects of any toxic,
irritating, or asphyxiating gases that regenerated, or the effects of any
surface water run-off from water or chemical agents used to control fire and
heat-induced explosions).
(e) If the emergency coordinator determines that the facility
has had a release, fire, or explosion which could threaten human health or
the environment outside the facility, the emergency coordinator shall report
his findings as follows.
(1) If the emergency coordinator's assessment indicates that
evacuation of local areas may be advisable, the emergency coordinator shall
immediately notify appropriate local authorities. The emergency coordinator
shall be available to help appropriate officials decide whether local areas
should be evacuated.
(2) The emergency coordinator shall notify as soon as possible,
but not later than 24 hours: during working hours, the agency regional office;
during non-working hours, the Texas Emergency Response Unit at (512) 239-2507
or the State Toll Free Emergency Hotline at 1-800-832-8224; and if federal
reportable spill quantities are exceeded, the National Response Center (using
their 24-hour toll free number 1-800-424-8802). The report shall include:
(A) name and telephone number of reporter;
(B) name and address of facility;
(C) time and type of incident (e.g., release, fire);
(D) name and quantity of material(s) involved, to the extent
known; and
(E) the possible hazards to human health or the environment
outside the facility.
(f) During an emergency, the emergency coordinator shall take
all reasonable measures necessary to ensure that fires, explosions, and releases
do not occur, recur, or spread to other petroleum-substance waste at the facility.
These measures shall include, where applicable, stopping processes and operations,
collecting and containing released waste, and removing or isolating containers.
(g) If the facility stops operations in response to a fire,
explosion, or release, the emergency coordinator shall monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment,
wherever this is appropriate.
(h) Immediately after an emergency, the emergency coordinator
shall provide for treating, storing, and/or disposing of recovered water,
contaminated soil and surface water, and any other material that results from
a release, fire, or explosion at the facility.
(i) The emergency coordinator shall ensure that, in the affected
area(s) of the facility, all emergency equipment listed in the contingency
plan is cleaned and fit for its intended use before operations are resumed.
(j) The facility owner or operator shall notify the agency
and appropriate state and local authorities that the facility is in compliance
with subsection (h) of this section before operations are resumed in the affected
areas(s) of the facility.
(k) The facility owner or operator shall note in the operating
record the time, date, and details of any incident that requires implementing
the contingency plan. Within 15 days after the incident, the facility owner
or operator shall submit a written report on the incident to the agency. The
report shall include:
(1) name, address, and telephone number of the facility owner
or operator;
(2) name, address, and telephone number of the facility;
(3) the facility's registration number;
(4) date, time, and type of incident (e.g. fire, explosion);
(5) name and quantity of material(s) involved;
(6) the extent of injuries, if any;
(7) an assessment of actual or potential hazards to human health
or the environment, where this is applicable; and
(8) estimated quantity and disposition of recovered material
that resulted from the incident.
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