By Junell H.B. No. 2815
76R7232 MI-F
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 Section 26.3465 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 SECTION 3. Section 7.156, Water Code, is amended by adding a
2-16 new Subsection (c) and redesignating existing Subsection (c) as
2-17 Subsection (d) to read as follows:
2-18 (c) A person commits an offense if the person deposits or
2-19 has deposited any regulated substance into an underground storage
2-20 tank regulated under Chapter 26 unless the underground storage tank
2-21 has been issued a valid, current underground storage tank
2-22 registration and certificate of compliance form under Section
2-23 26.346.
2-24 (d) An offense under this section is a Class A misdemeanor.
2-25 SECTION 4. Subchapter E, Chapter 7, Water Code, is amended
2-26 by adding Section 7.1565 to read as follows:
2-27 Sec. 7.1565. PRESUMPTION. If in the exercise of good faith
3-1 a person depositing, or causing to be deposited, a regulated
3-2 substance into an underground storage tank regulated under Chapter
3-3 26 receives a registration and certificate of compliance for that
3-4 underground storage tank under Section 26.346, the receipt of the
3-5 registration shall be considered prima facie evidence of compliance
3-6 with this section.
3-7 SECTION 5. Sections 26.3512(g), (h), (i), and (j), Water
3-8 Code, are amended to read as follows:
3-9 (g) If an owner or operator's corrective action plan is
3-10 approved by the commission under Section 26.3572 before June 23,
3-11 1998 [December 23, 1997], the owner or operator shall pay under
3-12 Subsection (b)(1) the amount provided by Subsection (e) for the
3-13 first expenses for corrective action taken for each occurrence.
3-14 (h) If an owner or operator's corrective action plan is not
3-15 approved by the commission under Section 26.3572 before June 23,
3-16 1998 [December 23, 1997], the owner or operator shall pay under
3-17 Subsection (b)(1) the first expenses for corrective action taken
3-18 for each occurrence as follows:
3-19 (1) a person who owns or operates 1,000 or more single
3-20 petroleum storage tanks, the first $40,000;
3-21 (2) a person who owns or operates not fewer than 100
3-22 or more than 999 single petroleum storage tanks, the first $20,000;
3-23 (3) a person who owns or operates not fewer than 13 or
3-24 more than 99 single petroleum storage tanks, the first $10,000; and
3-25 (4) a person who owns or operates fewer than 13 single
3-26 petroleum storage tanks, the first $4,000.
3-27 (i) If an owner or operator has a corrective action plan
4-1 approved by the commission under Section 26.3572 and before
4-2 December 23, 1999 [December 23, 1998], has met the goals specified
4-3 in the plan to be met by that date, the owner or operator shall pay
4-4 under Subsection (b)(1) the amount specified in Subsection (e) for
4-5 the first expenses for corrective action taken for each occurrence.
4-6 (j) If an owner or operator does not have a corrective
4-7 action plan approved by the commission under Section 26.3572 and
4-8 before December 23, 1999 [or, on December 23, 1998], has not met
4-9 the goals specified in the plan to be met by that date, the owner
4-10 or operator shall pay under Subsection (b)(1) the first expenses
4-11 for corrective action taken for each occurrence as follows:
4-12 (1) a person who owns or operates 1,000 or more single
4-13 petroleum storage tanks, the first $80,000;
4-14 (2) a person who owns or operates not fewer than 100
4-15 or more than 999 single petroleum storage tanks, the first $40,000;
4-16 (3) a person who owns or operates not fewer than 13 or
4-17 more than 99 single petroleum storage tanks, the first $20,000; and
4-18 (4) a person who owns or operates fewer than 13 single
4-19 petroleum storage tanks, the first $8,000.
4-20 SECTION 6. This Act takes effect September 1, 1999.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded conditions of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.