| (B) the ability of agency personnel to arrange and
schedule an adequate inspection of the activity.
(5) Expiration. A written construction notification
for a major UST construction activity is valid for only 180 days after
the original notification date or 150 days after the originally anticipated
construction start date, whichever is earlier. If the proposed construction
has not commenced within this period, the original notification will
expire. If the owner or operator still plans to perform the construction
after the expiration of this period, a new and updated construction
notification form must be filed.
(6) Notification form.
(A) Any person who intends to perform a major UST construction
activity (as described in paragraph (1) of this subsection) must provide
all the applicable construction notification information indicated
on the agency's authorized construction notification form.
(B) The construction notification form must be filled
out completely and accurately. Upon completion, the form must be dated
and signed by the owner, the operator, or the authorized representative
of the owner or operator, and must be timely filed in accordance with
subsection (a)(6) of this section.
(c) Alternative notification procedures.
(1) Only for UST construction activities involving
situations described under paragraph (2) of this subsection, the owner
or operator may comply with the following alternative notification
and reporting procedures in lieu of the normal notification requirements
of subsection (b) of this section.
(A) The owner or operator must provide verbal or written
notification to the agency as soon as possible prior to initiating
the construction activity. Such notification must be submitted directly
to the agency's appropriate regional office in the area of the activity.
(B) After providing the construction notification prescribed
under subparagraph (A) of this paragraph, the owner or operator may
proceed with the construction activity, as directed by the regional
director (or the regional director's designated representative). The
owner or operator must maintain detailed records of the construction.
No later than 30 days after completion of the construction, the owner
or operator must submit to the agency a detailed report describing
the activity. If the agency determines that the information in such
report is insufficient to assure compliance with the applicable requirements
of this chapter, then the owner or operator may be required to submit
additional information to demonstrate such compliance.
(2) The alternative notification procedures of paragraph
(1) of this subsection may be used only when the following situations
occur:
(A) when an owner or operator of a UST can demonstrate
that a release or suspected release of a regulated substance has occurred
or is likely to occur as a result of the operation of the UST, when
such release is considered an immediate threat to human health or
safety or the environment, and when the owner or operator can demonstrate
that the expeditious initiation and completion of the proposed construction
activity is necessary to prevent or abate such release;
(B) when an out-of-operation UST system is discovered
during unrelated construction activities (e.g., the construction of
building excavations, streets, highways, utilities, etc.), when the
property owner can reasonably demonstrate no prior knowledge of the
existence of the tank, when the expeditious removal or abandonment
in-place of the tank is considered necessary or advisable for the
completion of the unrelated construction activity, and where any delays
in completion of the tank removal or abandonment in-place would cause
unreasonable financial hardship due to contract schedules and completion
times;
(C) when any duly authorized public official (e.g.,
any federal, state, or local fire or safety officer, health or environmental
official, law officer, etc.) orders the immediate removal or repair
of all or portions of a UST system which poses an immediate threat
to human health, safety, or the environment;
(D) when the activity is necessary to maintain the
operational readiness of an emergency generator, as defined by §334.2
of this title (relating to Definitions);
(E) in any other case where the agency determines that
compliance with the notification provisions of subsection (b) of this
section would be unreasonable or impractical, or could increase the
threat to human health or safety or the environment.
|
| Source Note: The provisions of this §334.6 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective May 31, 2018, 43 TexReg 3390 |
