Sec. 40.117. REGULATIONS. (a) The commissioner shall from time to time adopt, amend, repeal, and enforce reasonable regulations, including but not limited to those relating to the following matters regarding the unauthorized discharge of oil:
(1) standards and requirements for discharge prevention and response capabilities of terminal facilities and vessels;
(2) standards, procedures, and methods of designating persons in charge and reporting unauthorized discharges and violations of this chapter;
(3) standards, procedures, methods, means, and equipment to be used in the abatement, containment, and removal of pollution;
(4) development and implementation of criteria and plans of response to unauthorized discharges of various degrees and kinds, including realistic worst-case scenarios;
(5) requirements for complete and thorough inspections of vessels subject to Section 40.114 of this code and of terminal facilities;
(6) certification of discharge cleanup organizations;
(7) requirements for the safety and operation of vessels, motor vehicles, motorized equipment, and other equipment involved in the transfer of oil at terminal facilities and the approach and departure from terminal facilities;
(8) requirements that required containment equipment be on hand, maintained, and deployed by trained personnel;
(9) requirements for certification as trained personnel;
(10) standards for reporting material changes in discharge prevention and response plans and response capability for purposes of terminal facility certificate reviews; and
(11) such other rules and regulations consistent with this chapter and appropriate or necessary to carry out the intent of this chapter.
(b) Repealed by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991. Amended by Acts 2003, 78th Leg., ch. 146, Sec. 16, eff. Sept. 1, 2003.
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