1. (a) Other regulations.

   1. (1) Except as provided in paragraph (2) of this subsection, compliance with the provisions of this chapter by an owner or operator of an underground storage tank system or aboveground storage tank system shall not relieve such owner or operator from the responsibility of compliance with any other regulations directly and/or indirectly affecting such tanks and the stored regulated substances, including, but not necessarily limited to, all applicable regulations legally promulgated by the United States Environmental Protection Agency, United States Occupational Safety and Health Administration, United States Department of Transportation, United States Nuclear Regulatory Commission, United States Department of Energy, Texas Department of Health, State Board of Insurance, Texas Commission on Fire Protection, Railroad Commission of Texas, Texas Department of Agriculture, State Comptroller, Texas Department of Public Safety, Texas Natural Resource Conservation Commission, and any other federal, state, and local governmental agencies or entities having appropriate jurisdiction.
   2. (2) As provided in the Texas Water Code, §26.359, this chapter establishes a unified statewide program for underground and surface water protection, and any local regulation or ordinance is effective only to the extent the regulation or ordinance does not conflict with the standards adopted for the design, construction, installation, or operation of underground storage tanks under this chapter.

2. (b) Owner and Operator Responsibility.

   1. (1) Except as otherwise provided in paragraphs (2), (3) and (4) of this subsection, the owners and operators of underground storage tank systems and aboveground storage tank systems subject to the provisions of this chapter shall be responsible for ensuring compliance with all applicable provisions of this chapter. Owners and operators are responsible for any violations or noncompliant activities resulting from the actions or inactions by any installer, contractor, operator, or other person who is employed or otherwise engaged by an owner or operator of an underground storage tank or aboveground storage tank to be principally in charge of any activities or procedures required under this chapter.

   2. (2) Unless otherwise specified under Texas Water Code, §26.3513, on and after September 1, 1995, when the owner of a petroleum storage tank system can reasonably demonstrate to the satisfaction of the commission that such owner is not in day-to-day control of such system, the commission shall consider the person who is in day-to-day control of such system at a site that is in violation of this chapter to be the:

      1. (A) person primarily responsible for taking corrective action, for corrective action costs, for receiving a notice of violation, or for paying a penalty assessed; and
      2. (B) primary subject of an enforcement action or order under this chapter.
   3. (3) The liability of certain lenders as owners or operators of underground storage tanks and aboveground storage tanks is conditionally and specifically limited, in accordance with the provisions and conditions of §334.15 of this title (relating to Limits on Liability of Lender).
   4. (4) The liability of certain corporate fiduciaries as owners or operators of underground storage tanks and aboveground storage tanks is conditionally and specifically limited, in accordance with the provisions and conditions of §334.16 of this title (relating to Limits on Liability of Corporate Fiduciary).

3. (c) Inspections, Monitoring, and Testing.

   1. (1) For the purposes of developing or assisting in the development of any regulation, conducting any study, or enforcing this chapter, an owner and/or operator of an underground storage tank or aboveground storage tank, on the request of the commission or the executive director, shall:

      1. (A) furnish information relating to the tank, including tank equipment and contents; and
      2. (B) permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tanks.

   2. (2) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing the provisions of this chapter, the commission, its designated agent, or employee may:

      1. (A) enter at reasonable times an establishment or place in which an underground storage tank or aboveground storage tank is located;
      2. (B) inspect and obtain samples of a regulated substance contained in the tank from any person; and
      3. (C) conduct monitoring or testing of the tanks, associated equipment, or contents, or surrounding soils, air, surface water, or groundwater.
   3. (3) The commission may order an owner or operator of an underground storage tank or aboveground storage tank to conduct monitoring and testing if the commission determines that there is reasonable cause to believe that a release has occurred in the area in which the underground storage tank or aboveground storage tank is located.
   4. (4) Each inspection made under this section must be begun and completed with reasonable promptness. Before a designated agent or employee of the commission enters private property to carry out a function authorized under this section, the agent or employee must give reasonable notice and exhibit proper identification to the manager or owner of the property or to another appropriate person. The commission's designated agent or employee must observe the regulations of the establishment being inspected, including regulations regarding safety, internal security, and fire protection.

Source Note:The provisions of this §334.12 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 8, 1995, 20 TexReg 8800.