1. (a) Other regulations. Compliance with the provisions of this subchapter by an owner or operator of an aboveground storage tank shall not relieve such owner or operator from the responsibility of compliance with any other laws and regulations directly and/or indirectly affecting such tanks and the stored petroleum products, 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 Air Control Board, Texas Department of Health, State Board of Insurance (including State Fire Marshal), Railroad Commission of Texas, Texas Department of Agriculture, State Comptroller, Texas Department of Public Safety, Texas Water Commission, and any other federal, state, and local governmental agencies or entities having appropriate jurisdiction.
2. (b) Responsibilities of owners and operators. The owners and operators of aboveground storage tanks subject to the provisions of this subchapter shall be responsible for ensuring compliance with all applicable provisions of this subchapter. Owners and operators are responsible for any violations or noncompliant activities resulting from the actions or inactions by any contractor, operator, or other person who is employed or otherwise engaged by an aboveground storage tank owner or operator to be principally in charge of any activities or procedures required under this subchapter.

3. (c) Inspections, monitoring, and testing.

   1. (1) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator of an aboveground storage tank, on the request of the commission shall:

      1. (A) furnish information related 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 tank.

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

      1. (A) enter at reasonable times an establishment or place in which an aboveground storage tank is located;
      2. (B) inspect and obtain samples of a petroleum substance contained in the tank from any person; and
      3. (C) conduct monitoring or testing of the tank, associated equipment, contents, or surrounding soils, air, surface water, or groundwater.
   3. (3) The commission may order an owner or operator of an aboveground storage tank to conduct monitoring and testing if the commission finds there is reasonable cause to believe that a release has occurred in the area in which the 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.
   5. (5) Pursuant to the provisions of Texas Civil Statutes, Article 9201, §3, (as amended by Senate Bill 698, 71st Legislature, 1989), the commission shall have concurrent jurisdiction with the State Board of Insurance on inspection of initial installation and other administrative supervision of certain specified aboveground storage tanks at retail service stations. Primary authority for inspection of initial installation of such tanks shall be in the Texas Water Commission. The commission shall report all violations of Texas Civil Statutes, Article 9201, §3, in regard to aboveground storage tanks to the state fire marshal for enforcement proceedings.

Source Note:The provisions of this §334.132 adopted to be effective June 25, 1990, 15 TexReg 3424.