1. (a) The executive director may undertake corrective action under this subchapter until September 1, 2001 in any case if:

   1. (1) the owner or operator of the underground or aboveground storage tank is unwilling to take corrective action;
   2. (2) the owner or operator of the underground or aboveground storage tank cannot be found;
   3. (3) the owner or operator of the underground or aboveground storage tank, in the opinion of the executive director, is unable to take the corrective action necessary to protect the public health and safety or the environment;
   4. (4) the executive director determines that more expeditious corrective action is necessary to protect the public health and safety or the environment from harm;
   5. (5) the executive director considers it necessary to take corrective action to protect the public health and safety or the environment; or
   6. (6) the owner or operator of the underground or aboveground storage tank demonstrates his/her financial inability to the executive director to take the corrective action necessary to protect the public health and safety or the environment.
2. (b) Except as provided in subsection (d) of this section, the executive director must provide notice of his intent to take corrective action to all owners and operators of petroleum storage tanks at a facility who are then currently registered in accordance with the registration requirements of this chapter before he undertakes corrective action at the facility.
3. (c) The notice must identify the property, state that the executive director intends to take corrective action at the facility, and state that costs incurred by the owner or operator from and after the date the executive director commences corrective action will not be allowable costs for reimbursement, unless authorized in writing by the executive director.
4. (d) The executive director may commence corrective action without prior notice if in his discretion immediate action is required to protect public health and safety or to protect the environment from harm. The executive director must provide the notice that he has commenced corrective action to all owners and operators of petroleum storage tanks at a facility who are then currently registered in accordance with the registration requirements of this chapter as soon as possible in the manner prescribed by subsection (c) of this section.
5. (e) No costs of corrective action incurred by an owner or operator at a facility on or after the date that the executive director commences corrective action at the owner's or the operator's facility are allowable for reimbursement under this subchapter, unless authorized in writing by the executive director.

Source Note:The provisions of this §334.321 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800.