(a) Before removing or disposing of a derelict vessel
or structure, an authorized public entity must obtain an order from
the commissioner for removal or disposal after notice and an opportunity
for hearing as provided in §40.254, Texas Natural Resources Code,
except that the commissioner may remove a vessel or structure involved
in an actual or threatened unauthorized discharge of oil, a vessel
or structure that creates an imminent and significant threat to life
or property, or a vessel or structure that creates a significant navigation
hazard as part of a response action without a hearing.
(b) The authorized public entity shall remove the derelict
vessel or structure to a VMS Site unless provided otherwise in the
removal order issued by the commissioner. In determining whether removal
to a VMS Site should be waived, the commissioner may consider:
(1) that the size or condition of the vessel or structure
makes it impractical to store at a VMS Site;
(2) that an urgent public necessity exists that requires
immediate removal and disposal; or
(3) that the derelict vessel or structure has no intrinsic
value as determined by the commissioner in the removal order. In determining
whether the vessel or structure has no intrinsic value, the commissioner
shall consider the factors described in §19.78 of this title
(relating to Determination of No Intrinsic Value).
(c) The authorized public entity may dispose of the
vessel or structure in any reasonable and environmentally sound manner.
The authorized public entity shall give preference to disposal options
that generate a monetary benefit from the vessel or structure. Proceeds
from the sale of the vessel or structure in accordance with §19.76
of this title (relating to Sale of Derelict Vessel or Structure) shall
be used for removal, storage, and disposal costs; however, any proceeds
in excess of the cost of removal, storage, and disposal shall be deposited
to the credit of the coastal protection fund, except as provided by §19.75
of this title (relating to Lien Holder Rights). If no value may be
generated from the vessel or structure, the authorized public entity
shall select the least costly method of disposal in accordance with §19.77
of this title (relating to Disposal of Derelict Vessel or Structure).
(d) A derelict vessel or structure with absent registration
numbers as defined in §19.71(11) of this title (relating to Numbered
Vessels) may be subject to immediate removal by the commissioner if
the commissioner determines in his sole discretion that the vessel
is also:
(1) a navigational hazard as defined by §19.71(9)
of this title; or
(2) a threat to public health, safety or welfare as
defined by §19.71(18) of this title.
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Source Note: The provisions of this §19.73 adopted to be effective September 13, 2010, 35 TexReg 8377; amended to be effective January 27, 2013, 38 TexReg 297; amended to be effective April 23, 2019, 44 TexReg 2055 |