| (B) The lowest level of the walkover must be of sufficient
elevation to accommodate expected increases in dune height. At a minimum,
the lowest level of the dune walkover with a width of 4 feet or less
must be constructed at a height of at least 3 feet above the highest
point of the tallest dune crest beneath and immediately adjacent to
the dune walkover. A dune walkover with a width of greater than 4
feet must be constructed at an adequate height that will allow for
the growth of dune vegetation and migration of dunes under the walkover.
Exceptions to the height requirement may be made for walkovers to
descend to the beach over the foredune ridge.
(C) Slats forming the deck of the dune walkover shall
be spaced at least 1/2 inches apart so that sunlight and rainfall
can penetrate to vegetation below and so that sand will not accumulate
on the deck.
(2) Use of concrete to stabilize dune walkover pilings
is prohibited.
(3) For all new construction of public dune walkovers
in areas where vehicles are prohibited from driving on and along the
public beach, local governments are required to construct walkovers
accessible for persons with disabilities, where practicable.
(4) The requirements in paragraphs (1) - (3) of this
subsection apply to all new construction of dune walkovers and similar
structures and any major repairs to existing dune walkovers and similar
structures.
(j) Emergency response to oil or hazardous substance
spills. Any person responding to spills shall comply with the following
regulations when cleaning up or disposing of oil or hazardous substances
in the beach/dune system.
(1) The state on-scene coordinator is responsible for
contacting the GLO Beach/Dune Team regarding proposed cleanup and
disposal methods.
(2) The state on-scene coordinator shall, in consultation
with the state natural resource trustees and the GLO Beach/Dune Team
and through the Incident Command System, determine the appropriate
depth for excavation and the appropriate quantity of sand to be removed,
if any, from the beach/dune system.
(A) Spill cleanup. Cleanup methods shall avoid and
otherwise minimize adverse impacts to the beach/dune system by ensuring
that:
(i) Removal of sand from the beach is limited to the
absolute minimum and will not exacerbate shoreline erosion.
(ii) Manual cleanup methods are used, if practicable.
(iii) Grading or scraping of the beach is minimized,
and grading of non-oiled or non-hazardous areas is prohibited.
(B) Disposal of contaminated sand. Disposal methods
shall avoid adverse impacts to the beach/dune system by ensuring that:
(i) Before any scraped sand is relocated within the
beach/dune system, the material shall be tested for toxicity and percent
of oiling. Only material that does not pose a threat to human health
and the environment may remain in the beach/dune system. New dunes
(man-made mounds) may be built with non-hazardous material provided
that they are built in accordance with §15.7(e) of this title
(relating to Local Government Management of the Public Beach) and
placed in areas preapproved by the state natural resource trustees.
A dune protection permit is not required for such new dune creation.
The disposal shall be in accordance with applicable, relevant, and
appropriate requirements established by local state and federal laws.
(ii) Hazardous materials shall be removed and disposed
of as required by local, state, and federal laws.
(iii) Disposal of waste must be in compliance with
applicable state and federal laws and regulations of the Texas Commission
on Environmental Quality and the United States Environmental Protection
Agency. Disposal of oiled, non-hazardous sand shall be in accordance
with applicable state and federal law, except that such sand shall
not be disposed of in a location on or adjacent to dune vegetation,
as defined in §15.2 of this title.
|
| Source Note: The provisions of this §15.6 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective October 21, 2003, 28 TexReg 9075; amended to be effective October 10, 2005, 30 TexReg 6447; amended to be effective January 25, 2007, 32 TexReg 244; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective May 8, 2023, 48 TexReg 2343 |
