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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 19OIL SPILL PREVENTION AND RESPONSE
SUBCHAPTER FDERELICT VESSELS AND STRUCTURES
RULE §19.77Disposal of Derelict Vessel or Structure

(a) The authorized public entity may contract for the disposal and transportation of waste generated from the removal of a vessel or structure with no intrinsic value to an authorized landfill, recycling center, or hazardous waste management facility for in accordance with Chapter 361 Texas Health and Safety Code.

(b) The authorized public entity shall require the contractor for disposal and transportation under this section to state separately in its invoice the credit for salvage value of the vessel or structure, if any, and other costs for removal, storage, and disposal. The authorized public entity may disqualify a potential disposal contractor from consideration for award of a disposal contract if the credit for salvage, if any, is not stated separately.

(c) The authorized public entity may require the contractor for disposal and transportation under this section to provide copies of manifests, run tickets, invoices, or other written documentation that shows the name and address of the waste disposal facility and the date the waste was transported to it. This request will be made in writing and include a deadline for submittal of the disposal information.

(d) With the consent of the Texas Parks and Wildlife Department, the authorized public entity may transfer a watercraft that is not claimed under §19.74 of this title (relating to Claim of Ownership) or §19.75 of this title (relating to Lien Holder Rights) to the Parks and Wildlife Department for use as part of an artificial reef under Chapter 89, Texas Parks and Wildlife Code, or for other use by the Texas Parks and Wildlife Department permitted under the Texas Parks and Wildlife Code. On transfer of the watercraft, the Texas Parks and Wildlife Department:

  (1) takes title free and clear of all liens and claims of ownership; and

  (2) is entitled to register the watercraft and receive a certificate of title.


Source Note: The provisions of this §19.77 adopted to be effective September 13, 2010, 35 TexReg 8377

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