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RULE §19.14Updating of Information; Renewal and Suspension of Certificates; Enforcement

(a) Update of application information. Facility operators are required to report any material changes as provided for in §19.12(h). Facility operators must ensure that the information in the interactive website is regularly updated to reflect any changes as provided in §19.12(i). Changes that do not require a re-classification must be reported no later than the anniversary of the date the certificate was issued. Facility operators can update information on file with the GLO in the following ways:

  (1) Internet. The GLO has established a link on its website (www.glo.texas.gov) to allow facility operators to review and amend application information on file with the GLO. Facility operators can use the identification number, which is issued with the certificate, to access this interactive link. To minimize the GLO's administrative expense of updating information, the GLO encourages certificate holders to use the Internet to revise facility information on file with the GLO.

  (2) Mail. If a facility operator cannot update application information over the Internet, updated information can be sent by standard mail or email to the appropriate GLO regional office. Contact information for the regional office covering a particular facility can be obtained by calling the main oil spill program office in Austin at (512) 475-1575 or by visiting www.glo.texas.gov.

(b) Renewing certificates. Operators must renew their certificates by their expiration dates. The GLO will not send expiration notices to operators. To renew a certificate, certificate holders must complete and submit to the GLO a new application form. To give the GLO sufficient time to review the application, it must be submitted to the GLO at least 15 days before the expiration date.

  (1) All certificates, which will be issued for a period of five years, will specify the date of expiration.

  (2) To process the application to renew a certificate, the GLO may conduct a review of the discharge prevention and response plan and perform an on-site audit or inspection of the facility's implementation of the discharge prevention and response plan. The GLO will require the applicant to amend its plan if the GLO determines the plan does not adequately address the elements required by §19.13.

(c) Notification to GLO when facility closes, is sold, or is shut-in. A facility operator is required to notify the GLO when the facility closes, is sold, or when the facility is shut-in and no longer handling oil.

(d) Certificate suspension. Suspension of a certificate requires the facility owner or operator to apply for a new certificate. The GLO may suspend a certificate if the facility operator violates a provision of OSPRA or rules or orders adopted under authority of OSPRA. A certificate may also be suspended if the GLO determines the facility has failed to implement its discharge prevention and response plan or the facility's response to an unauthorized discharge of oil was inadequate. Before suspending a certificate, the GLO will inform the certificate holder in writing that suspension is being considered. The reasons for the proposed suspension will be specified, and the certificate holder will be afforded an opportunity to address the problems. If the GLO ultimately determines the certificate holder has not adequately addressed the facility's problems and suspension of the certificate is appropriate, the facility operator is entitled to request a hearing on the suspension in the same manner provided under Chapter 2 of this title (relating to Rules of Practice and Procedure) for contested case hearings before the GLO.

(e) Penalties. GLO may pursue administrative penalties under TNRC §40.252 and civil penalties under TNRC §40.251(f) if the facility operator violates a provision of TNRC §40.1-304 or rules, authorizations, or orders adopted under authority of OSPRA, including the failure to obtain or renew a certificate or to implement a discharge prevention and response plan.

  (1) Any person who violates the OSPRA or this subchapter or any authorization or order issued under this subchapter is subject to administrative penalties of not less than $100 or more than $10,000 per violation for each day of violation, not to exceed a maximum of $125,000.

  (2) When determining the amount of the penalty, the commissioner must take into consideration the factors identified in TNRC §40.252 and other relevant factors.

Source Note: The provisions of this §19.14 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective January 27, 2013, 38 TexReg 295; amended to be effective August 9, 2020, 45 TexReg 5364

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