| (a) The following persons are eligible to receive an innocent owner/operator certificate: (1) a person defined as an innocent owner/operator in the Texas Health and Safety Code, §361.751(2); and (2) a person that acquired a portion of the tract on which the source of a release of contaminants is located from the person that caused the release who meets the provisions of the Texas Health and Safety Code, §361.752(b). (b) A person electing to participate in the innocent owner/operator program shall: (1) complete an innocent owner/operator application as provided by Texas Health and Safety Code, §361.753; (2) pay all agency costs associated with the review of the application and the issuance of the innocent owner/operator certificate; and (3) agree to grant reasonable access to the site for purposes of investigation or remediation to a
person designated by the executive director. (c) A person is not required to be a current owner or operator of the site in order to apply for an innocent owner/operator certificate, but must provide proof of ownership or operation before a certificate can be issued.
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