1. (a) Reporting. Owners and operators of UST systems shall assure that all reporting and filing requirements in this chapter are met, including the following (as applicable):

   1. (1) construction notification, in accordance with §334.6 of this title (relating to Construction Notification);
   2. (2) application for approval of any proposed UST system in the Edwards Aquifer recharge or transition zones, in accordance with §334.6(a)(2) of this title (relating to Construction Notification) and Chapter 313 of this title (relating to Edwards Aquifer);
   3. (3) registration of UST systems and changes in information, in accordance with §334.7 of this title (relating to Registration);
   4. (4) certification of installations and financial responsibility, in accordance with §334.8 of this title (relating to Certification);
   5. (5) request for approval of any variance or alternative procedure, in accordance with §334.43 of this title (relating to Variances and Alternative Procedures);
   6. (6) request for extension of time for an UST system that is temporarily out of service, in accordance with §334.54(d)(2) of this title (relating to Temporary Removal from Service);
   7. (7) documentation of release determination or site assessment conducted when UST system is permanently removed from service, in accordance with §334.55(a)(6) of this title (relating to Permanent Removal from Service);
   8. (8) payment of underground storage tank fees, in accordance with Subchapter B of this chapter (relating to Underground Storage Tank Fees);

   9. (9) reports, plans, and certifications related to suspected and confirmed releases of regulated substances, including:

      1. (A) release reports and notifications, in accordance with §334.72 of this title (relating Reporting of Suspected Releases), §334.75 of this title (relating to Reporting and Cleanup of Surface Spills and Overfills), and §334.76 of this title (relating to Initial Response to Releases);
      2. (B) report and certification of site check methods, in accordance with §334.74(c) of this title (relating to Release Investigation and Confirmation Steps);
      3. (C) initial abatement report, in accordance with §334.77(b) of this title (relating to Initial Abatement Measures and Site Check);
      4. (D) initial site characterization report, in accordance with §334.78(b) of this title (relating to Initial Site Characterization);
      5. (E) free product removal report, in accordance with §334.79(d) of this title (relating to Free Product Removal);
      6. (F) soil and groundwater contamination information, in accordance with §334.80(b) of this title (relating to Investigation for Soil and Groundwater Cleanup);
      7. (G) corrective action plan, in accordance with §334.81 of this title (relating to Corrective Action Plan);
      8. (H) notification of cleanup initiation, in accordance with §334.81(e) of this title (relating to Corrective Action Plan);
      9. (I) certification of compliance with corrective action plan, in accordance with §334.81(g) of this title (relating to Corrective Action Plan); and
      10. (J) public notices related to corrective action plans, in accordance with §334.82(b) of this title (relating to Public Participation);

   10. (10) notifications and reports relating to financial responsibility requirements, including:

       1. (A) reports of financial condition, in accordance with §334.95(f) of this title (relating to Financial Test of Self-Insurance);
       2. (B) notification of failure to secure alternate financial assurance, in accordance with §334.95(g) of this title (relating to Financial Test of Self-Insurance), §334.103(b) of this title (relating to Cancellation or Nonrenewal by a Provider of Financial Assurance), and §334.108(c) of this title (relating to Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance);
       3. (C) request for release of excess guaranteed funds, in accordance with §334.100(d)-(f) of this title (relating to Trust Fund);
       4. (D) forms and reports regarding financial responsibility, in accordance with §334.104 of this title (relating to Reporting by Owner or Operator); and
       5. (E) notification of related bankruptcy proceedings, in accordance with §334.108(a) of this title (relating to Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance); and
   11. (11) any other reports, filings, notifications, or other submittals required by this chapter, or otherwise required by the executive director or commission to demonstrate compliance with the provisions of this chapter.

2. (b) Recordkeeping.

   1. (1) General recordkeeping requirements.

      1. (A) Owners and operators of UST systems shall be responsible for developing and maintaining all records required by the provisions of this chapter.
      2. (B) Except as provided in subparagraphs (C) and (D) of this paragraph, legible copies of all required records pertaining to a UST system shall be maintained in a secure location on the premises of the UST facility, shall be immediately accessible for reference and use by the UST system operator, and shall be immediately available for inspection upon request by commission personnel.

      3. (C) In the event that copies of the required record cannot reasonably be maintained on the premises of the UST facility, then such records may be maintained at a readily accessible alternate site, provided that the following conditions are met.

         1. (i) If the UST system is in operation, the records shall be readily accessible for reference and use by the UST system operator.
         2. (ii) The records shall be readily accessible and available for inspection upon request by commission personnel.

         3. (iii) The owner or operator shall provide the following information (in writing) to the executive director and to the commission's appropriate district office:

            1. (I) the specific location where the required records are maintained; and
            2. (II) the name, address, and telephone number of the authorized custodian of such records.
         4. (iv) The filing of the written information required in clause (iii) of this subparagraph shall be accomplished no later than 30 days after the effective date of this chapter, 30 days after a UST installation or replacement has been completed, or 30 days after the UST records are moved to an alternate site, whichever is later or applicable.

      4. (D) For UST systems which have been permanently removed from service in accordance with the applicable provisions of §334.55 of this title (relating to Permanent Removal from Service), the facility owner may submit the appropriate records required by this chapter to the executive director in lieu of maintaining the records on the premises or at an alternative site, provided that the following conditions are met:

         1. (i) the facility is no longer operated in a manner that requires the underground storage of regulated substances, and all UST systems at the facility have been permanently removed from service;

            (ii) the facility owner shall provide written justification adequate to explain why such records cannot be maintained on the premises of the UST facility or at a readily accessible alternative site; and

         2. (iii) the records shall be submitted at one time in one package for each UST facility, and the records shall be appropriately labeled with the UST facility location information and the UST facility identification number.

   2. (2) Required records and documents. Owners and operators of UST systems shall assure that all recordkeeping requirements in this chapter are met, including the following records and documentation (as applicable).

      1. (A) Legible copies of the following general records shall be maintained for the operational life of the UST system:

         1. (i) original and amended registration documents, in accordance with §334.7 of this title (relating to Registration);
         2. (ii) original and amended certifications for UST installations and financial responsibility, in accordance with §334.8 of this title (relating to Certification);
         3. (iii) notification to UST purchaser, in accordance with §334.9 of this title (relating to Seller's Disclosure).

      2. (B) Legible copies of applicable records and documents related to technical standards for UST systems shall be maintained in accordance with the following provisions:

         1. (i) application documents and executive director's approval letter for any variances or alternative procedures, in accordance with §334.43 of this title (relating to Variances and Alternative Procedures);
         2. (ii) record demonstration compliance with technical standards and installation standards for new UST systems, in accordance with §334.45(f) of this title (relating to Technical Standards for New UST Systems) and §334.46(i) of this title (relating to Installation Standards for New UST Systems);
         3. (iii) records demonstrating compliance with the minimum upgrading requirements for existing UST systems, in accordance with §334.47(d) of this title (relating to Technical Standards for Existing UST Systems);
         4. (iv) operation and maintenance records, in accordance with §334.48(g) of this title (relating to General Operating and Management Requirements);
         5. (v) corrosion protection records, in accordance with §334.49(e) of this title (relating to Corrosion Protection);
         6. (vi) release detection records, in accordance with §334.50(e) of this title (relating to Release Detection);
         7. (vii) spill and overfill control records, in accordance with §334.51(c) of this title (relating to Spill and Overfill Prevention and Control);
         8. (viii) records for repairs and relining of a UST system, in accordance with §334.52(d) of this title (relating to UST System Repairs and Relining);
         9. (ix) records for reuse of used tanks, in accordance with §334.53(c) of this title (relating to Reuse of Used Tanks);
         10. (x) records for temporary removal of UST systems from service, in accordance with §334.54(f)(4) of this title (relating to Temporary Removal from Service);
         11. (xi) records for permanent removal of UST systems from service, in accordance with §334.55(f) of this title (relating to Permanent Removal from Service).
      3. (C) Legible copies of all required financial assurance records shall be maintained in accordance with the applicable provisions of §334.105 of this title (relating to Financial Assurance Recordkeeping).

Source Note:The provisions of this §334.10 adopted to be effective September 29, 1989, 14 TexReg 4714.