| (ii) The owner and operator of USTs regulated under this section must make immediately available, upon request by agency staff, a valid, current TCEQ delivery certificate (or TCEQ temporary delivery authorization under subparagraph (D) of this paragraph, as applicable) for the USTs at a facility. (iii) The owner and operator of USTs regulated under this section must ensure that a valid, current TCEQ delivery certificate (or TCEQ temporary delivery authorization under subparagraph (D) of this paragraph, as applicable) is posted at a facility. The posting must be in a location where the document is clearly visible at all times. (B) Annual delivery certificate renewal. (i) The initial delivery certificate issued for a tank(s) will be valid until the expiration date indicated on that certificate. The expiration will be based on the last digit of the official TCEQ owner identification number for the registered owner of the tank(s) in question, as described in clause (ii) of this subparagraph. It is the responsibility of the tank owner and operator to ensure that an application for renewal of that certificate is properly and timely filed. (ii) A delivery certificate is renewed by timely and proper submission of a new UST registration and self-certification form to the agency. For each facility, to allow time for processing of the renewal request, the agency must have received the properly completed form at least 30 days before the expiration date of the delivery certificate in question. The agency will not issue a renewed delivery certificate based on improper submission of renewal documents. (iii) Annual expiration and renewal dates for delivery certificates are determined by the last digit of the official TCEQ owner identification number for the registered owner of the tank(s) in question, and the first renewal for all owners and operators is due in calendar year 2002, and for each year thereafter on the following dates: (I) if owner number ends in "1" delivery certificate expires on January 31, and renewal is due February 1; (II) if owner number ends in "2" delivery certificate expires on the last day of February, and renewal is due March 1; (III) if owner number ends in "3" delivery certificate expires on March 31, and renewal is due April 1; (IV) if owner number ends in "4" delivery certificate expires April 30, and renewal is due May 1; (V) if owner number ends in "5" delivery certificate expires on May 31, and renewal is due June 1; (VI) if owner number ends in "6" delivery certificate expires on June 30, and renewal is due July 1; (VII) if owner number ends in "7" delivery certificate expires July 31, and renewal is due August 1; (VIII) if owner number ends in "8" delivery certificate expires August 31, and renewal is due September 1; (IX) if owner number ends in "9" delivery certificate expires September 30, and renewal is due October 1; and (X) if owner number ends in "0" delivery certificate expires October 31, and renewal is due November 1. (C) Identifying tanks. Within 30 days of the effective date of this section, or within 30 days of a subsequent tank installation, the owner and operator of USTs regulated under this section are responsible for ensuring that a legible tag, label, or marking is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST at the facility. That tag, label, or marking must clearly and legibly show the designated UST identification number of that UST at that facility and that identification number must be identical to the UST identification number listed on the UST registration and self-certification form filed with the agency under this subsection. All UST identification numbers at a given facility must be numeric, must begin with the number one, and must proceed sequentially without skipping numbers (i.e., 1, 2, 3 . . . ). In addition, for each compartmented UST where a single UST has a separate fill tube for each internal compartment, the numeric UST identification number must be the same for each fill tube serving that single UST; however, to allow differentiation between compartments on the UST registration and self-certification form and at the facility, that common UST identification number must also be followed by a single additional alphabetic identifier for each compartment, beginning with the letter "A" and proceeding sequentially without skipping letters (i.e., 1A, 1B, 1C . . .). (D) Temporary delivery authorization. (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 |
