| (a) The following words, terms, and phrases, when used
in this chapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1) Coastal waters--All tidally influenced waters extending
from the head of tide in the arms of the Gulf of Mexico seaward to
the three marine league limit of Texas' jurisdiction; and non-tidally
influenced waters extending from the head of tide in the arms of the
Gulf of Mexico inland to the point at which navigation by regulated
vessels is naturally or artificially obstructed. The term includes
the entirety of the Gulf Intracoastal Waterway (GIWW) within Texas,
and the following waters: starting from Echo, Texas, located in Orange
County, and proceeding south on the Sabine River to the intersection
with the GIWW, thence westerly along the GIWW, including Adams Bayou,
to 0.7 miles upstream of IH-10, and Cow Bayou, to IH-10. This includes
the Neches River in Orange County to 7.0 miles upstream of IH-10.
Then along the GIWW towards Port Arthur, including Taylors Bayou south
of Highway 73. From Port Arthur along the GIWW to, and including,
East Bay, Trinity Bay, Cedar Bayou to 1.4 miles upstream of IH-10
in Harris/Chambers County, Lynchburg Canal to 29 degrees 41'00"N,
94 degrees 59'00"W, San Jacinto River in Harris County to the Lake
Houston Dam, and the Houston Ship Channel to the turning basin. Tidal
tributaries of the Houston Ship Channel include: Buffalo Bayou to
.25 miles upstream of Shepherd Drive, Brays Bayou to the Broadway
Street Bridge, Sims Bayou to Highway 225, Vince Bayou to North Ritchie
Street, Hunting Bayou to I-10, Greens Bayou to I-10, Boggy Bayou to
Highway 225, Tucker Bayou to Old Battleground Road, Carpenter's Bayou
to Sheldon Road, and Goose Creek to Highway 146. Proceed south and
include Barbours Cut, Bayport Channel, Clear Lake to .063 miles upstream
of FM 528 in Galveston/Harris County, Dickinson Bay, Dickinson Bayou
2.5 miles downstream of FM 517 in Galveston County, Moses Lake, Dollar
Bay, Texas City Channel (including turning basin), Swan Lake, Jones
Bay, and continuing at the junction of West Bay and the GIWW in Galveston
County. Continue westerly along the GIWW to the Port of Freeport,
including Greens Lake, Chocolate Bay, Chocolate Bayou to 2.6 miles
downstream of SH 35, the Old Brazos River and the New Brazos River
up to the Missouri-Pacific Railroad bridge in Brazoria County, and
the Dow Barge Canal. Then southerly along the GIWW through and including
Jones Lake and Creek, the San Bernard River to 2.0 miles upstream
of SH 35, Cowtrap Lake, Matagorda Bay, the Colorado River to 1.3 miles
downstream of the Missouri-Pacific Railroad in Matagorda County, to
the Port of Bay City, Culver Cut (West Branch Colorado River to 28
degrees 42'N and the entire middle branch), Crab Lake, Oyster Lake,
Tres Palacios Bay, Turtle Bay, Caranchua Bay, Keller Bay, Cox Bay,
Lavaca Bay, Lavaca River to 5.3 miles downstream of U.S. 59 in Jackson
County, Chocolate Bay/Bayou, Powderhorn Lake, Robinsons Lake, Blind
Bayou, La Salle Bayou, Broad Bayou, and Boggy Bayou. Continuing southerly
on GIWW from Port O'Connor through San Antonio Bay including: Guadalupe
Bay, Mission Lake, Green Lake, Victoria Barge Canal, Guadalupe River
to the Guadalupe-Blanco River Authority Salt Water Barrier 0.4 miles
downstream of the confluence of the San Antonio River, Goff Bayou,
Hog Bayou, Corey Bay, Buffalo Lake, Alligator Slide Lake, Twin Lake,
Mustang Lake, and Jones Lake. Then continuing through Mesquite Bay
including: Dunham Bay, Long Lake, Sundown Bay, and the Aransas Wildlife
Refuge. Continuing southerly through St. Charles Bay including: Burgentine
Bay/Burgentine Creek to 28 degrees 17'N, Salt Creek to 28 degrees
16'N, and Cavaso Creek to 97 degrees 01'W. Then through Copano Bay,
including Copano Creek, Mission Bay, Mission River to 4.6 miles downstream
of U.S. 77, Chiltipin Creek, Aransas River to 3.3 miles upstream of
Chiltipin Creek in Refugio/San Patricio County, Swan Lake, Port Bay,
and Salt Lake. Then southerly including: Little Bay, Aransas Bay,
Conn Brown Harbor, Redfish Cove, Redfish Bay, La Quinta Channel, Nueces
River to Calallen Dam 1.1 miles upstream of U.S. 77/IH 37 in Nueces/San
Patricio County, Rincon Industrial Channel, Rincon Bayou, Nueces Bay,
Tule Lake, Corpus Christi Inner Harbor, Oso Creek, Oso Bay, Cayo Del
Oso, and Corpus Christi Bay. Continuing south, through and including
Packery Channel, Laguna Madre, Baffin Bay, Alazan Bay, Cayo del Hinoso,
Petrolino Creek from the confluence of Chiltipin Creek in Kleberg
County to 0.6 miles upstream of private road crossing near Laurless
Ranch, Cayo Del Infiernillo, Cayo del Grullo, Laguna Salada, Laguna
de los Olmos, and Comitas Lake. Continuing through the Laguna Madre
to Redfish Bay, Port Mansfield Harbor, Four Mile Slough, Cayo Atascosa,
Laguna Atascosa, Arroyo Colorado Cutoff, El Realito Bay, Laguna Vista
Cove, Port Isabel Harbor, Brownsville Ship Channel, Bahia Grande,
Vadia Ancha, San Martin Lake, South Bay, and the Arroyo Colorado River
to .063 miles downstream of Cemetery Road south of Port Harlingen
in Cameron County. Then southerly to the Rio Grande River to 6.7 miles
downstream of the International Bridge in Cameron County. Where the
coastal area is defined by a body of water such as a bay or lake,
it includes any small bays or lakes encompassed therein.
(2) Commissioner--The commissioner of the General Land
Office.
(3) Discharge cleanup organization--A corporation,
partnership, proprietorship, organization, or association that intends
to make itself available to engage in response actions to abate, contain,
or remove an unauthorized discharge or pollution or damage from an
unauthorized discharge.
(4) Environmentally sensitive areas--Streams and water
bodies, aquifer recharge zones, springs, wetlands, bird rookeries,
endangered and threatened species (flora and fauna) habitat, wildlife
preserves or conservation areas, parks, beaches, dunes, or any other
area protected or managed for its natural resource value.
(5) Facility--Any waterfront or offshore pipeline,
structure, equipment, or device used for the purposes of drilling
for, pumping, storing, handling, or transferring oil and operating
where a discharge of oil from the facility could threaten coastal
waters, including but not limited to any such facility owned or operated
by a public utility or a governmental or quasi-governmental body,
but does not include any temporary storage facilities used only in
connection with the containment and cleanup of unauthorized discharges
of oil.
(6) Fund--The coastal protection fund established under
OSPRA.
(7) Federal fund--The oil spill liability trust fund
established under OPA.
(8) Handle--To transfer, transport, pump, treat, process,
store, dispose of, drill for, or produce.
(9) Harmful quantity of oil--The presence of oil from
an unauthorized discharge in a quantity sufficient either to create
a visible film or sheen upon or discoloration of the surface of the
water or a shoreline, tidal flat, beach, or marsh, or to cause a sludge
or emulsion to be deposited beneath the surface of the water or on
a shoreline, tidal flat, beach, or marsh.
(10) National contingency plan--The plan prepared under
the Federal Water Pollution Control Act (33 United States Code §1321
et seq.) and the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 United States Code §9601 et seq.),
as revised from time to time.
(11) Oil--Means oil of any kind or in any form, including
but not limited to crude oil, petroleum, fuel oil, sludge, oil refuse,
and oil mixed with wastes other than dredged spoil, but does not include
petroleum, including crude oil or any fraction thereof, which is specifically
listed or designated as a hazardous substance under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), §101(14),
Subparagraphs (A)-(F) (42 United States Code §9601 et seq.),
and which is subject to the provisions of that Act, and which is so
designated by the Texas Commission on Environmental Quality.
(12) OPA--The Oil Pollution Act of 1990, Public Law
101-380.
(13) OSPRA--The Oil Spill Prevention and Response Act
of 1991, Natural Resources Code, Chapter 40.
(14) Owner or operator--Any person, individual, partnership,
corporation, association, governmental unit, or public or private
organization of any character:
(A) owning, operating or responsible for operating,
or chartering by demise a vessel;
(B) owning, operating, or responsible for operating
a facility; or
(C) operating a facility by lease, contract, or other
form of agreement. The term does not include a person who owns only
the land underlying a facility or a person who owns only a security
interest in a vessel or facility if the person does not participate
in the operation of the vessel or facility, does not own a controlling
interest in the owner or operator of the vessel or facility, and is
not controlled by or under common ownership with the owner or operator
of the vessel or facility.
(15) Regulated vessel--A vessel with a capacity to
carry 10,000 U.S. gallons or more of oil as fuel or cargo.
Cont'd... |
