| (16) Secondary Containment--appropriate and functioning
impervious containment or diversionary structures or equipment, including
walls and floors, that must capture and contain oil and are constructed
to hold the full capacity of any discharge from the associated structure,
or hold the full capacity of the largest primary containment structure
in a system, so that the discharge will not escape the containment
system before cleanup is complete. Secondary containment may include:
(A) For onshore facilities:
(i) Dikes, berms, retaining walls, and weirs;
(ii) Culverts, gutters, and other draining systems;
(iii) Curbing and drip pans;
(iv) Sumps, retention ponds, and other collection systems;
and
(v) Double-walled tanks.
(B) For offshore facilities:
(i) Curbing and drip pans;
(ii) Sumps, retention ponds, and collection systems;
and
(iii) Double-walled tanks.
(17) Unauthorized discharge--Discharges; excluding
those authorized by and in compliance with a government permit, seepage
from the earth solely from natural causes, and unavoidable, minute
discharges of oil from a properly functioning engine, of a harmful
quantity of oil:
(A) into coastal waters; or
(B) on any waters or land adjacent to coastal waters
where harmful quantities of oil may enter coastal waters or threaten
to enter coastal waters if the discharge is not abated nor contained
and the oil is not removed.
(18) Underground storage tank--Any tank or container
used for storing oil which is located completely under the surface
of the earth. Tanks which are partially buried, or which are contained
in aboveground vaults or other aboveground containment structures
are not considered underground tanks for the purpose of certification
requirements under these sections.
(19) Underwriter--An insurer, a surety company, a guarantor,
or any other person, other than an owner or operator of a vessel or
facility, that undertakes to pay all or part of the liability of an
owner or operator.
(20) Waste--Oil or contaminated soil, debris, and other
substances removed from coastal waters and adjacent waters, shorelines,
estuaries, tidal flats, beaches, or marshes in response to an unauthorized
discharge. Waste means any solid, liquid, or other material intended
to be disposed of or discarded and generated as a result of an unauthorized
discharge of oil. Waste does not include substances intended to be
recycled if they are in fact recycled within 90 days of their generation
or if they are brought to a recycling facility within that time.
(21) Worst case unauthorized discharge--The largest
foreseeable unauthorized discharge under adverse weather conditions.
For facilities located above the high water line of coastal waters,
a worst case discharge includes those occurring in weather conditions
most likely to cause oil discharged from the facility to enter coastal
waters.
(22) Coastal Facility Designation Line--The Coastal
Facility Designation Line delineates the area within which a facility
may be subject to the certification requirements of §19.12 of
this title (relating to Facility Certification). The line does not
delineate OSPRA's response or notification requirements; rather, it
gives notice to facilities located coastward of the line that they
may be subject to facility certification requirements. A description
of the coastal facility designation line and a map can be found in
Appendix 1.
Attached Graphic
(23) Offshore--Located on submerged lands below mean
high tide in coastal waters.
(24) Waterfront--Located within 100 yards of coastal
waters.
(b) All other terms used in this chapter and defined
in OSPRA have the meaning assigned to them by OSPRA.
|
| Source Note: The provisions of this §19.2 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective September 16, 1992, 17 TexReg 6009; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective October 30, 2002, 27 TexReg 10036; amended to be effective September 18, 2003, 28 TexReg 7994; amended to be effective January 27, 2013, 38 TexReg 295; amended to be effective August 9, 2020, 45 TexReg 5361 |
