| (7) decreased property values; (8) bodily injury or property damage; (9) attorney's fees; (10) any costs associated with preparing, filing, and prosecuting an application for reimbursement or assistance under this subchapter; (11) the costs of making improvements to the facility beyond those that are required for corrective action; (12) costs associated with corrective action performed for any purpose where no release of petroleum product above action levels is discovered, except when the corrective action has been ordered by the commission; (13) costs of compiling and storing records relating to costs of corrective action; (14) costs of corrective action taken in response to the release of a substance which is not a petroleum product as defined in §334.322 of this title (relating to Subchapter H Definitions); (15) costs of tank integrity testing when it is not specifically required by this chapter, requested by the agency staff, or ordered by the commission; (16) costs of any corrective action incurred by an owner or operator on or after the date that the executive director commences corrective action at the owner's or the operator's facility under §334.84 of this title (relating to Corrective Action by the Agency), unless authorized in writing by the agency; (17) costs incurred as a result of a release from a storage tank system owned, operated, or maintained by a common-carrier railroad; (18) any activities, including those required by this chapter, which are not conducted in compliance with applicable state and federal environmental laws or laws relating to the transport and disposal of waste; (19) interest on monies; (20) excluding releases identified under subsections (d) and (e) of this section, the cost of abatement or corrective action taken in response to a release of: (A) a regulated substance, which is not a petroleum product; and (B) a release of a petroleum product that has commingled with a regulated substance, that is not a petroleum product; (21) the costs of the installation or construction of on-site equipment, structures, or systems used in the extraction or management of wastes, except soil excavation, landfill disposal, well sampling, or monitoring, unless: (A) the plans and specification for such equipment, structures, or systems are properly sealed by a licensed professional engineer; and (B) the construction and installation of such equipment, structures, or systems are performed under the supervision of a licensed professional engineer; (22) work not pre-approved under §334.310(f) of this title (relating to Requirements for Eligibility) or pre-approved work performed incorrectly and rejected by the agency; or (23) costs attributable to fraud. |
| Source Note: The provisions of this §334.308 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective June 7, 1993, 18 TexReg 3293; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532 |
