| (a) Other regulations. Compliance with the provisions of this
subchapter by an owner or operator of an aboveground storage tank (AST) must
not relieve such owner or operator from the responsibility of compliance with
any other laws and regulations directly and/or indirectly affecting such tanks
and the stored petroleum products, including, but not necessarily limited
to, all applicable regulations legally promulgated by the United States Environmental
Protection Agency, United States Occupational Safety and Health Administration,
United States Department of Transportation, United States Nuclear Regulatory
Commission, United States Department of Energy, Texas Department of Health,
State Board of Insurance (including State Fire Marshal), Railroad Commission
of Texas, Texas Department of Agriculture, State Comptroller, Texas Department
of Public Safety, Texas Natural Resource Conservation Commission and any other
federal, state, and local governmental agencies or entities having appropriate
jurisdiction.
(b) Responsibilities of owners and operators. The owners and
operators of ASTs subject to the provisions of this subchapter are responsible
for ensuring compliance with all applicable provisions of this subchapter.
Owners and operators are responsible for any violations or noncompliant activities
resulting from the actions or inactions by any person who is employed or otherwise
engaged by the owner or operator.
(c) Inspections, monitoring, and testing.
(1) For the purposes of developing or assisting in the development
of a regulation, conducting a study, or enforcing this subchapter, an owner
or operator of an AST, on the request of the agency must:
(A) furnish information related to the tank, including tank
equipment and contents; and
(B) permit a designated agent or employee of the agency at
all reasonable times to have access to and to copy all records relating to
the tank.
(2) For the purposes of developing or assisting in the development
of a regulation, conducting a study, or enforcing this subchapter, the agency's
designated agent or employee may:
(A) enter at reasonable times an establishment or place in
which an AST is located;
(B) inspect and obtain samples of a petroleum substance contained
in the tank from any person; and
(C) conduct monitoring or testing of the tank, associated equipment,
contents, or surrounding soils, air, surface water, or groundwater.
(3) The agency may direct an owner or operator of an AST to
conduct monitoring and testing if the agency finds that there is reasonable
cause to believe that a release has occurred in the area in which the tank
is located.
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