| (a) Update of application information. Facility operators
are required to report any material changes as provided for in §19.12(h).
Facility operators must ensure that the information in the interactive
website is regularly updated to reflect any changes as provided in §19.12(i).
Changes that do not require a re-classification must be reported no
later than the anniversary of the date the certificate was issued.
Facility operators can update information on file with the GLO in
the following ways:
(1) Internet. The GLO has established a link on its
website (www.glo.texas.gov) to allow facility operators to review
and amend application information on file with the GLO. Facility operators
can use the identification number, which is issued with the certificate,
to access this interactive link. To minimize the GLO's administrative
expense of updating information, the GLO encourages certificate holders
to use the Internet to revise facility information on file with the
GLO.
(2) Mail. If a facility operator cannot update application
information over the Internet, updated information can be sent by
standard mail or email to the appropriate GLO regional office. Contact
information for the regional office covering a particular facility
can be obtained by calling the main oil spill program office in Austin
at (512) 475-1575 or by visiting www.glo.texas.gov.
(b) Renewing certificates. Operators must renew their
certificates by their expiration dates. The GLO will not send expiration
notices to operators. To renew a certificate, certificate holders
must complete and submit to the GLO a new application form. To give
the GLO sufficient time to review the application, it must be submitted
to the GLO at least 15 days before the expiration date.
(1) All certificates, which will be issued for a period
of five years, will specify the date of expiration.
(2) To process the application to renew a certificate,
the GLO may conduct a review of the discharge prevention and response
plan and perform an on-site audit or inspection of the facility's
implementation of the discharge prevention and response plan. The
GLO will require the applicant to amend its plan if the GLO determines
the plan does not adequately address the elements required by §19.13.
(c) Notification to GLO when facility closes, is sold,
or is shut-in. A facility operator is required to notify the GLO when
the facility closes, is sold, or when the facility is shut-in and
no longer handling oil.
(d) Certificate suspension. Suspension of a certificate
requires the facility owner or operator to apply for a new certificate.
The GLO may suspend a certificate if the facility operator violates
a provision of OSPRA or rules or orders adopted under authority of
OSPRA. A certificate may also be suspended if the GLO determines the
facility has failed to implement its discharge prevention and response
plan or the facility's response to an unauthorized discharge of oil
was inadequate. Before suspending a certificate, the GLO will inform
the certificate holder in writing that suspension is being considered.
The reasons for the proposed suspension will be specified, and the
certificate holder will be afforded an opportunity to address the
problems. If the GLO ultimately determines the certificate holder
has not adequately addressed the facility's problems and suspension
of the certificate is appropriate, the facility operator is entitled
to request a hearing on the suspension in the same manner provided
under Chapter 2 of this title (relating to Rules of Practice and Procedure)
for contested case hearings before the GLO.
(e) Penalties. GLO may pursue administrative penalties
under TNRC §40.252 and civil penalties under TNRC §40.251(f)
if the facility operator violates a provision of TNRC §40.1-304
or rules, authorizations, or orders adopted under authority of OSPRA,
including the failure to obtain or renew a certificate or to implement
a discharge prevention and response plan.
(1) Any person who violates the OSPRA or this subchapter
or any authorization or order issued under this subchapter is subject
to administrative penalties of not less than $100 or more than $10,000
per violation for each day of violation, not to exceed a maximum of
$125,000.
(2) When determining the amount of the penalty, the
commissioner must take into consideration the factors identified in
TNRC §40.252 and other relevant factors.
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| Source Note: The provisions of this §19.14 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective January 27, 2013, 38 TexReg 295; amended to be effective August 9, 2020, 45 TexReg 5364 |
