1. (a) An owner or operator or other person may undertake such corrective action as may be necessary to abate any immediate threat to human health and safety or the environment caused by a release or threatened release without a registered corrective action specialist or a corrective action project manager, and a person who is not registered under this subchapter may provide or perform such services provided that the action is in compliance with this section.

2. (b) In order for this section to apply, the owner or operator or other person must:

   1. (1) be able to demonstrate that the actions taken were necessary to protect against imminent danger to human health and safety by mitigating fire, explosion, and vapor hazards, by removing free product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the executive director;
   2. (2) notify the executive director of the emergency occurrence within 24 hours of commencing emergency abatement action;
   3. (3) notify the local fire marshal (or state fire marshal if no local authority is available) within 24 hours of commencing emergency abatement action; and
   4. (4) obtain the services of a registered corrective action specialist within 10 days of commencing emergency action.

Source Note:The provisions of this §334.454 adopted to be effective May 21, 1993, 18 TexReg 2955.