(a) Annual review of application information. Facility operators are required to report annually any changes in the information submitted to the GLO in their applications for certificates. Changes must be reported by the anniversary of the date the certificate was issued, but operators are encouraged to update the information more frequently. Facility operators can update information on file with the GLO in the following ways:
- (1) Internet. The GLO has established a link on its website (www.glo.state.tx.us) to allow facility operators to review and amend application information on file with the GLO. Facility operators can use the identification number, which is issued with the certificate, to access this interactive link. To minimize the GLO's administrative expense of updating information, the GLO encourages certificate holders to use the Internet to revise facility information on file with the GLO.
- (2) Mail or facsimile. If a facility operator cannot update application information over the Internet, updated information can be sent by mail or facsimile to the appropriate GLO regional office. Addresses and facsimile numbers for the regional office covering a particular facility can be obtained by calling the main oil spill program office in Austin at (512) 475-1575.
(b) Renewing certificates. Operators are responsible for ensuring that certificates are renewed by their expiration dates. The GLO will not send expiration notices to operators.
- (1) All certificates, which will be issued for a period of five years, will specify the date of expiration. To renew a certificate, certificate holders must complete and submit to the GLO a new application form. To give the GLO sufficient time to review the application, it must be submitted to the GLO at least 15 days before the expiration date.
- (2) In reviewing the application to renew a certificate, the GLO may conduct an on-site review of the facility's discharge prevention and response plan. The GLO may require the applicant to amend its plan if the GLO determines the plan does not adequately address the elements required by §19.13.
- (3) A fee of $25 will be assessed for renewal of a certificate. The GLO will inform the certificate holder that the fee is being assessed after the application is reviewed and a determination has been made that the certificate will be renewed.
- (c) Notification to GLO when facility closes or is shut-in. A facility operator is required to notify the GLO when the facility closes or when the facility is shut-in and no longer handling oil.
- (d) Certificate suspension. Suspension of a certificate requires the facility owner or operator to apply for a new certificate. The GLO may suspend a certificate if the facility operator violates a provision of OSPRA or rules or orders adopted under authority of OSPRA. A certificate may also be suspended if the GLO determines the facility has not adequately implemented its discharge prevention and response plan or the facility's response to an unauthorized discharge of oil was inadequate. Before suspending a certificate, the GLO will inform the certificate holder in writing that suspension is being considered. The reasons for the proposed suspension will be specified, and the certificate holder will be afforded an opportunity to address the problems. If the GLO ultimately determines the certificate holder has not adequately addressed the facility's problems and suspension of the certificate is appropriate, the facility operator may request and is entitled to a hearing on the suspension in the same manner provided under Chapter 2 of this Title, relating to Rules of Practice and Procedure for contested case hearings before the GLO.
Source Note:The provisions of this §19.14 adopted to be effective October 30, 2002, 27 TexReg 10037.