Sec. 40.106. REFUSAL TO COOPERATE. (a) If a responsible person, or a person or discharge cleanup organization under the control of a responsible person, participating in operations to abate, contain, and remove pollution from any unauthorized discharge of oil, reasonably believes that any directions or orders given by the commissioner or the commissioner's designee under this chapter will unreasonably endanger public safety or natural resources or conflict with directions or orders of the federal on-scene coordinator, the party may refuse to comply with the direction or orders.
(b) The party shall state at the time of refusal the reason or reasons why the party refuses to comply. The party shall give the commissioner written notice of the reason or the reasons for the refusal within 48 hours of the refusal.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
Structure Texas Statutes
Chapter 40 - Oil Spill Prevention and Response Act of 1991
Subchapter C. Oil Spill Prevention and Response
Section 40.101. Notification and Response
Section 40.102. Response Coordination
Section 40.103. Assistance and Compensation
Section 40.104. Qualified Immunity for Response Actions
Section 40.105. Equipment and Personnel
Section 40.106. Refusal to Cooperate
Section 40.107. Natural Resources Damages
Section 40.108. Derelict Vessels and Structures
Section 40.109. Registration of Terminal Facilities
Section 40.114. Contingency Plans for Vessels