| (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.
(f) The duty to report is a continuing one where any
material changes occur prior to the arrival of a state on-scene coordinator.
Material changes include, but are not limited to, changes in the quantity,
quality, or location of the discharge event. Both the responsible
person and the person in charge have the duty to report material changes
to the GLO.
(g) If an unauthorized discharge threatens to damage
or pollute property other than that of the owner or operator or responsible
person, the person in charge and the responsible person must make
reasonable efforts to notify the owners of property threatened by
the discharge. A reasonable effort to notify includes taking steps
to identify and contact such owners within a time period that allows
them to take measures to minimize damage to their property. In determining
compliance with this requirement, the location of the discharge and
the accessibility of ownership information will be considered.
(h) If the discharge immediately threatens public health,
safety, or welfare, then the responsible person and the person in
charge must notify the appropriate local health, fire, and law enforcement
authorities.
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| Source Note: The provisions of this §19.32 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective January 27, 2013, 38 TexReg 296 |
