1. (a) The commission may undertake corrective action in response to a release or a threatened release if:

   1. (1) the owner or operator of the underground storage tank is unwilling to take appropriate corrective action;
   2. (2) the owner or operator of the underground storage tank cannot be found;
   3. (3) the owner or operator of the underground storage tank, in the opinion of the executive director, is unable to take the corrective action necessary to protect the public health and safety and/or the environment; or
   4. (4) notwithstanding any other provision of this subchapter, the executive director determines that more expeditious corrective action than is provided by this subchapter is necessary to protect the public health and safety or the environment.
2. (b) The commission may retain agents to perform corrective action it considers necessary to carry out the provisions of this subchapter. The agents shall operate under the direction of the executive director.

Source Note:The provisions of this §334.84 adopted to be effective September 29, 1989, 14 TexReg 4714.