| (39) Reference area or reference resource--An area or natural resource, unaffected by the relevant unauthorized discharge of oil, and comparable in physical, chemical and biological characteristics or in the level of services provided by the assessment area or natural resource. (40) Rehabilitation--Those actions which enhance the recovery of injured natural resources but do not return them to pre-discharge conditions. (41) Replacement--Substituting natural resources at or near the impacted area to compensate for the loss of natural resources due to an unauthorized discharge of oil. (42) Responsible person-- (A) the owner or operator of a vessel or facility from which an unauthorized discharge of oil emanates or threatens to emanate; and (B) in the case of an abandoned vessel or facility, the person who would have been responsible immediately prior to the abandonment; and (C) any other person who causes, allows or permits an unauthorized discharge of oil or threatened unauthorized discharge of oil. (43) Restoration--Those actions that return injured natural resources and the services they provide to their pre-discharge or comparable condition. (44) Restoration plan--A plan selected after public review and comment which describes the required restoration, replacement, rehabilitation, and/or acquisition of equivalent natural resources. (45) Services or natural resource services--The physical, ecological, biological, chemical, aesthetic, cultural, and public uses provided by natural resources. (46) State On-Scene Coordinator (SOSC)--The person appointed by the commissioner of the Texas General Land Office to coordinate all state response actions for the abatement, containment, and removal of pollution resulting from an unauthorized discharge of oil. (47) State trustee or trustee--The Texas General Land Office, Texas Parks and Wildlife Department, and the Texas Commission on Environmental Quality. (48) Technically feasible--The technology and management skills necessary to implement an assessment plan or restoration plan are known such that each element of the plan has a reasonable chance of successful completion in the applicable time period as defined in §20.34(b) of this title (relating to Comprehensive Damage Assessment) and §20.33(a) of this title (relating to Expedited Damage Assessment). (49) Unauthorized discharge of oil--Any discharge of oil, or any discharge of oil emanating from a vessel into waters adjoining and accessible from coastal waters, that is not authorized by a federal or state permit. |
