Sec. 40.109. REGISTRATION OF TERMINAL FACILITIES. (a) A person may not operate or cause to be operated a terminal facility without a discharge prevention and response certificate issued pursuant to rules promulgated under this chapter.
(b)(1) As a condition precedent to the issuance or renewal of a certificate, the commissioner shall require satisfactory evidence that:
(A) the applicant has implemented a discharge prevention and response plan consistent with state and federal plans and regulations for prevention of unauthorized discharges of oil and abatement, containment, and removal of pollution when such discharge occurs; and
(B) the applicant can provide, directly or through membership or contract with a discharge cleanup organization, all required equipment and trained personnel to prevent, abate, contain, and remove pollution from an unauthorized discharge of oil as provided in the plan.
(2) A terminal facility response plan that complies with requirements under federal law and regulations for a terminal facility response plan satisfies the requirements of Subdivision (1)(A) of this subsection.
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