| (i) Upon receipt of a TCEQ construction notification form indicating the pending installation of a new or replacement UST system(s), or indicating that a UST system temporarily out-of-service under §334.54 of this title will be returned to service, the agency will issue a temporary delivery authorization for those tank systems. (ii) The temporary delivery authorization is valid for no more than 90 days after the first delivery of regulated substance into the UST system described in clause (i) of this subparagraph. (iii) The UST owner and operator are responsible for maintaining complete and accurate records of the date of the first deposit of regulated substances into the UST system(s), as well as the date that the initial 90-day period expires. The bill of lading for the first delivery of regulated substance into the UST system at the facility must be attached to the temporary delivery authorization for that facility. (6) Revocation of delivery certificate. (A) Grounds for revocation of delivery certificate. The commission may revoke a delivery certificate for reasons including, but not limited to: (i) when the executive director determines that any of the information contained or referenced in the compliance self-certification portions of the UST registration and self-certification form was inaccurate at the time the self-certification was made; (ii) when the tank owner and/or operator submits compliance self-certification information to the executive director which he knows, or reasonably should have known, to be false or deceptive; and (iii) for any other reason which the commission finds to constitute good cause for revocation. (B) Procedures for revocation of delivery certificate. (i) A proceeding to revoke a delivery certificate must be commenced by: (I) the executive director through the filing of a petition; or (II) the commission on its own motion. (ii) If the executive director determines good cause exists to revoke a delivery certificate, the executive director shall file a petition with the chief clerk and provide notice to the owner and operator of the tank(s) in question. To the extent possible, the procedures required to assess administrative penalties under Chapter 70 of this title (relating to Enforcement) shall be followed to revoke a delivery certificate under this subchapter. (iii) In response to a petition, or on its own motion to revoke a delivery certificate, the commission may: (I) revoke a certificate; and (II) issue any other orders permitted by law. (iv) Revocation of a delivery certificate is cumulative of any other remedies available to the agency by law. |
| Source Note: The provisions of this §334.8 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective November 18, 2004, 29 TexReg 10532; amended to be effective November 9, 2006, 31 TexReg 9034; amended to be effective October 30, 2008, 33 TexReg 8790 |
