| (a) The GLO regulations governing prevention of, response
to and remediation of coastal oil spills shall provide for measures
to prevent coastal oil spills and to ensure adequate response and
removal actions. The GLO regulations for certification of vessels
and facilities that handle oil shall be designed to ensure that vessels
and facilities are capable of prompt response and adequate removal
of unauthorized discharges of oil. The GLO regulations adopted pursuant
to the Oil Spill Prevention and Response Act (OSPRA), Texas Natural
Resources Code, Chapter 40, shall be consistent with the State Coastal
Discharge Contingency Plan adopted pursuant to OSPRA; and the National
Contingency Plan adopted pursuant to the Federal Water Pollution Control
Act, 33 United States Code Annotated, Chapter 26.
(b) Natural Resource Damage Assessment. GLO rules under
OSPRA governing the assessment of damages to natural resources injured
as the result of an unauthorized discharge of oil into coastal waters
shall provide for reasonable and rational procedures for assessing
damages and shall take into account the unique circumstances of the
spill incident. The costs of assessing the damages shall not be disproportionate
to the value of the injured resources. Plans for the restoration,
rehabilitation, replacement or acquisition of equivalent resources
shall provide for participation by the public and shall be designed
to promote the restoration of the injured resources with all deliberate
speed. The GLO rules shall be consistent with other state rules and
policies and with the CMP goals and policies.
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| Source Note: The provisions of this §26.20 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301 |
