(a) In the event of an actual or threatened unauthorized
discharge of oil into Texas coastal waters, it is the duty of the
responsible person to immediately initiate response action, or to
ensure that the person in charge will initiate response action. The
responsible person is the owner or operator of a vessel or facility
from which an unauthorized discharge of oil emanates or threatens
to emanate. The person in charge is the person at the vessel or facility
who is empowered by the responsible person to initiate response actions
and to perform all actions necessary to prevent, abate, contain, and
remove all pollution. The responsible person or the person in charge
must inform the General Land Office (GLO) of the person's strategy
for responding to the unauthorized discharge, including whether the
facility's or vessel's discharge prevention and response plan will
be adequate for abating, containing, and removing pollution or whether
it appears that an adequate response to the discharge will require
deviation from the plan. The response strategy and proposed deviations
from the plan must be reported to the on-scene coordinator on a regular
basis throughout response operations.
(b) The GLO may determine that the responsible person
is unknown or appears unwilling or unable to respond adequately to
the discharge, including reasonably foreseeable worst case scenarios
of the discharge. The commissioner may delegate this determination
to the state on-scene coordinator. In the event of such a determination
the state on-scene coordinator may order the responsible person to
take certain response actions. The state on-scene coordinator may
also initiate response action by the state, either in addition to
or in lieu of further response actions by the responsible person.
As soon as possible after a determination of inadequate response,
the state on-scene coordinator will notify the responsible person
or the person acting for the responsible person of the inadequacy
of response and inform the person of the intended corrective action.
A determination that a responsible person appears unwilling or unable
to respond adequately will be made by evaluating the resources committed
to the response, the degree of cooperation with directions of the
on-scene coordinator, the ability to commit further resources, and
adherence to response and contingency plans.
(c) The responsible person or anyone acting on behalf
of the responsible person must notify the state on-scene coordinator
if the person intends not to comply with, or has not complied with,
state response orders or actions. The GLO may determine the person
has unreasonably failed to comply with state response actions if noncompliance
is for any reason other than an objective and reasonable belief that
compliance unavoidably conflicts with federal requirements or poses
an unjustifiable risk to public safety or natural resources. Any failure
to comply may be grounds for a determination of inadequate response
under subsection (b) of this section.
(d) The responsible person must orally state the reasons
for noncompliance with an order of the state on-scene coordinator
and must give written justification for the refusal within 48 hours
as required by OSPRA, §40.106.
(e) The responsible person is required to provide an
emergency response plan consistent with 29 Code of Federal Regulations §1910.120
for the health and safety of spill response personnel at the spill
response scene. In order to comply with the National Contingency Plan,
responsible persons must ensure that contractors and others under
their employ have an emergency response plan program for the health
and safety of personnel responding during the spill response. Failure
to provide an emergency response plan for the health and safety of
responders will be considered a failure to adequately respond to a
spill event.
(f) The responsible person is required to respond and
operate in a manner consistent with the National Contingency Plan
and any applicable area or local contingency plan.
(g) The GLO will utilize the Incident Command System
for all spills where a state on-scene coordinator is appointed by
the commissioner.
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Source Note: The provisions of this §19.34 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective January 27, 2013, 38 TexReg 296 |