| (a) An audit is a full review of a facility's or vessel's
compliance with the requirements of OSPRA and regulations adopted
pursuant thereto. An audit may be announced or unannounced. Audits
will be commenced between the hours of 7:00 a.m. and 6:00 p.m. The
owner and/or operator of the facility or vessel subject to audit must
produce records related to unauthorized discharges of oil into coastal
waters, discharge prevention and response plans, equipment inventory,
maintenance and repair, safety data sheets for oil handled, oil storage
and throughput, financial responsibility, personnel certification
and training, and daily records and other documents and records containing
information relevant to compliance with OSPRA. The representative
of the GLO is authorized to view all equipment at the facility that
is available for responding to unauthorized discharges of oil. The
GLO representative is authorized to enter any portion of the facility
and vessel where oil is handled or stored, where discharge prevention
and response equipment and supplies are stored and maintained or where
oil transfer operations are being performed. Although the audit may
be unannounced, prior to entering the facility, the GLO representative
will make a reasonable effort, as defined in §19.3(a) of this
title (relating to Inspections and Access to Property), to obtain
the consent of the owner or operator or his representative.
(b) An inspection is a review of a specified area or
areas of a facility or vessel for a specified purpose. An inspection
may be announced or unannounced. Inspections between the hours of
7:00 a.m. and 6:00 p.m. may be unannounced. Inspections after 6:00
p.m. and before 7:00 a.m. will be announced. The GLO will make a reasonable
effort to obtain the consent of the owner or operator or a representative
of either prior to entering property to conduct the inspection. At
the commencement of the inspection, the GLO representative will inform
the owner or operator of the area or areas to be inspected and the
purpose of the inspection. The areas and purposes of an inspection
are limited to those set forth in subsection (a) of this section.
(c) A drill is a test of equipment and personnel in
operation. A drill is in response to a mock discharge which is conducted
by GLO representatives who determine the extent and parameters of
the exercise. A drill may be announced or unannounced. Prior to entering
property in order to conduct the drill, the GLO will make a reasonable
effort to obtain consent of the owner or operator or representative
of either to enter the property. Drills will be commenced between
the hours of 7:00 a.m. and 6:00 p.m. and all drills involving vessels
will be conducted in cooperation with the United States Coast Guard.
A drill involving a facility will be conducted in cooperation with
any other governmental agencies whom the GLO intends to involve in
the mock operation.
(d) A vessel or facility will not be subjected to more
than a total of two audits and/or GLO conducted drills in one 12-month
period. This limitation will not apply to any vessel or facility that
has violated OSPRA, any regulation promulgated thereunder, or any
order of the commissioner.
(e) The owner or operator of the vessel or facility
must bear its own costs of the audit, drill, or inspection and may
not be reimbursed its costs from the fund. The GLO may, however, pay
all or part of the cost of an oil spill drill under limited circumstances.
The GLO's decision to pay for a drill will be based on a determination
that the facility is located in an environmentally sensitive area
and has been involved in a greater number of spills or requires more
complex audits or drills because of its location. If the GLO pays
for any part of the cost of the drill, the GLO will invite other facility
operators in the vicinity to observe or participate in the drill for
training purposes.
(f) Performance of an audit, drill, or inspection does
not estop the state in an action brought under OSPRA or any other
law from alleging a violation of OSPRA or any such law.
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| Source Note: The provisions of this §19.18 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective October 30, 2002, 27 TexReg 10037; amended to be effective August 9, 2020, 45 TexReg 5364 |
