76R11594 E
By Junell H.B. No. 2815
Substitute the following for H.B. No. 2815:
By Counts C.S.H.B. No. 2815
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the petroleum storage tank program; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 26.346(a) and (c), Water Code, are
1-6 amended to read as follows:
1-7 (a) An underground or aboveground storage tank must be
1-8 registered with the commission unless the tank is exempt from
1-9 regulation under Section 26.344 of this code or the tank is covered
1-10 under Subsection (b) of this section. The commission by rule shall
1-11 establish the procedures and requirements for establishing and
1-12 maintaining current registration information concerning underground
1-13 and aboveground storage tanks. The commission shall also require
1-14 that an owner or operator of an underground storage tank complete
1-15 an annual underground storage tank compliance certification form.
1-16 (c) The commission shall issue to each person who owns or
1-17 operates a petroleum storage tank that is registered under this
1-18 section a registration and compliance confirmation certificate that
1-19 includes a brief description of:
1-20 (1) the responsibility of the owner or operator under
1-21 Section 26.3512 of this code; [and]
1-22 (2) the rights of the owner or operator to participate
1-23 in the petroleum storage tank remediation account and the
1-24 groundwater protection cleanup program established under this
2-1 subchapter; and
2-2 (3) the responsibility of the owner or operator of an
2-3 underground storage tank to accurately complete the part of the
2-4 registration form pertaining to the certification of compliance
2-5 with underground storage tank administrative requirements and
2-6 technical standards.
2-7 SECTION 2. Subchapter I, Chapter 26, Water Code, is amended
2-8 by adding Sections 26.3465 and 26.3467 to read as follows:
2-9 Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF
2-10 REGISTRATION OR CERTIFICATION OF COMPLIANCE. An owner or operator
2-11 of an underground storage tank who fails or refuses to provide, on
2-12 request of the commission, proof of registration of, or
2-13 certification of compliance for, an underground storage tank is
2-14 liable for a civil penalty under Subchapter D, Chapter 7.
2-15 Sec. 26.3467. SELLER'S DUTY TO ENSURE CERTIFICATION OF TANK
2-16 BEFORE DELIVERY. (a) The seller of a regulated substance that is
2-17 being deposited into an underground storage tank shall ensure that
2-18 a certificate of compliance has been issued for the specific
2-19 underground storage tank into which the substance is to be
2-20 deposited before ordering a contract or common carrier to deliver
2-21 the regulated substance into the underground storage tank.
2-22 (b) A person who violates Subsection (a) commits an offense
2-23 that is punishable as provided by Section 7.156 for an offense
2-24 under that section.
2-25 SECTION 3. Section 7.156, Water Code, is amended by adding a
2-26 new Subsection (c) and redesignating existing Subsection (c) as
2-27 Subsection (d) to read as follows:
3-1 (c) A person commits an offense if the person deposits or
3-2 has deposited any regulated substance into an underground storage
3-3 tank regulated under Chapter 26 unless the underground storage tank
3-4 has been issued a valid, current underground storage tank
3-5 registration and certificate of compliance under Section 26.346.
3-6 (d) An offense under this section is a Class A misdemeanor.
3-7 SECTION 4. Subchapter E, Chapter 7, Water Code, is amended
3-8 by adding Section 7.1565 to read as follows:
3-9 Sec. 7.1565. PRESUMPTION. If in the exercise of good faith
3-10 a person depositing, or causing to be deposited, a regulated
3-11 substance into an underground storage tank regulated under Chapter
3-12 26 receives a certificate of compliance for that underground
3-13 storage tank under Section 26.346, the receipt of the certificate
3-14 of compliance shall be considered prima facie evidence of
3-15 compliance with this section.
3-16 SECTION 5. Sections 26.3512(g), (h), (i), and (j), Water
3-17 Code, are amended to read as follows:
3-18 (g) If an owner or operator's corrective action plan is
3-19 approved by the commission under Section 26.3572 before June 23,
3-20 1998 [December 23, 1997], the owner or operator shall pay under
3-21 Subsection (b)(1) the amount provided by Subsection (e) for the
3-22 first expenses for corrective action taken for each occurrence.
3-23 (h) If an owner or operator's corrective action plan is not
3-24 approved by the commission under Section 26.3572 before June 23,
3-25 1998 [December 23, 1997], the owner or operator shall pay under
3-26 Subsection (b)(1) the first expenses for corrective action taken
3-27 for each occurrence as follows:
4-1 (1) a person who owns or operates 1,000 or more single
4-2 petroleum storage tanks, the first $40,000;
4-3 (2) a person who owns or operates not fewer than 100
4-4 or more than 999 single petroleum storage tanks, the first $20,000;
4-5 (3) a person who owns or operates not fewer than 13 or
4-6 more than 99 single petroleum storage tanks, the first $10,000; and
4-7 (4) a person who owns or operates fewer than 13 single
4-8 petroleum storage tanks, the first $4,000.
4-9 (i) If an owner or operator has a corrective action plan
4-10 approved by the commission under Section 26.3572 and before
4-11 December 23, 1999 [December 23, 1998], has met the goals specified
4-12 in the plan to be met by that date, the owner or operator shall pay
4-13 under Subsection (b)(1) the amount specified by Subsection (e) for
4-14 the first expenses for corrective action taken for each occurrence.
4-15 (j) If an owner or operator does not have a corrective
4-16 action plan approved by the commission under Section 26.3572 and
4-17 before December 23, 1999 [or, on December 23, 1998], has not met
4-18 the goals specified in the plan to be met by that date, the owner
4-19 or operator shall pay under Subsection (b)(1) the first expenses
4-20 for corrective action taken for each occurrence as follows:
4-21 (1) a person who owns or operates 1,000 or more single
4-22 petroleum storage tanks, the first $80,000;
4-23 (2) a person who owns or operates not fewer than 100
4-24 or more than 999 single petroleum storage tanks, the first $40,000;
4-25 (3) a person who owns or operates not fewer than 13 or
4-26 more than 99 single petroleum storage tanks, the first $20,000; and
4-27 (4) a person who owns or operates fewer than 13 single
5-1 petroleum storage tanks, the first $8,000.
5-2 SECTION 6. This Act takes effect September 1, 1999.
5-3 SECTION 7. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.