Effective on and after the effective date of this subchapter, any person who sells or otherwise legally conveys a tank (or tank system) which is designed or intended to be installed as an underground storage tank shall provide the purchaser (or grantee) with written notification of a tank owner's obligations relative to the commission's tank registration and construction notification provisions under §334.7 of this title (relating to Registration) and §334.6 of this title (relating to Construction Notification).

1. (1) The written notification shall include the names and addresses of the seller (or grantor) and the purchaser (or grantee), the number of tanks involved, a description of each tank (capacity, tank material, and product stored, if applicable), and the commission's designated facility identification number (if the entire facility is being conveyed).
2. (2) This notification requirement shall apply to any transfers or conveyances of a new or used tank from one person to another person, and shall also apply to the sales of real property where underground storage tanks are located.
3. (3) The written notification shall be provided by the seller (or grantor) to the purchaser (or grantee) prior to the conveyance of the tanks, or prior to the time of the real property closing, as applicable.
4. (4) For the purpose of fulfilling the disclosure requirements of this section, the following language is deemed sufficient: "The underground storage tank(s) which are included in this conveyance are presumed to be regulated by the Texas Water Commission and may be subject to certain registration and construction notification requirements found in 31 Texas Administrative Code, Chapter 334."

Source Note:The provisions of this §334.9 adopted to be effective September 29, 1989, 14 TexReg 4714.