1. (a) The owner of a facility must designate a responsible individual to comply with this subchapter.

2. (b) In addition to the noncompliance notification to the commission required by §305.125(9) of this title (relating to Standard Permit Conditions) and any notification required under Chapter 327 of this title (relating to Spill Prevention and Control), the owner of a facility, through its responsible individual, must notify appropriate local government officials and the local media whenever one of the following types of spills occurs from the facility:

   1. (1) a spill, regardless of volume, that the facility owner knows or has reason to know, will adversely affect a public or private source of drinking water;

   2. (2) a spill with a volume of 50,000 gallons or more where one or more of the following conditions also exists:

      1. (A) the spill enters water in the state within 1/2-mile of a public source of drinking water that has been assessed by the commission as vulnerable to contamination;
      2. (B) the spill enters water in the state within 1/2-mile of a private source of drinking water located within 1/2-mile of a public source of drinking water that has been assessed by the commission as vulnerable to contamination;
      3. (C) the spill enters water in the state within 1/2-mile up-gradient of a public or private source of drinking water surface water intake;
      4. (D) the spill occurs in an active groundwater recharge area;
      5. (E) the spill occurs up-gradient and within 1/2-mile of a karst terrain or shallow alluvial well that is a source of drinking water;
   3. (3) a spill of 100,000 gallons or more.
3. (c) The responsible individual must issue the notice using the form in §319.303 of this title (relating to Form of the Notice to Local Officials and Local Media) as quickly as possible, but not later than 24 hours after becoming aware of the spill. The notice must be delivered in an expeditious manner. It may be hand-delivered, sent by facsimile, e-mail, or by phone with follow-up written notice.
4. (d) Immediately after giving of notice to appropriate local government officials and local media, the responsible individual must report to the commission regional office in whose region the spill occurred that this notice was given.

Source Note:The provisions of this §319.302 adopted to be effective December 30, 1999, 24 TexReg 11774.