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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) Any person responsible for an unauthorized discharge of oil or the person in charge of any vessel or a terminal facility from or at which an unauthorized discharge of oil has occurred, as soon as that person has knowledge of the discharge, shall:
(1) immediately notify the commissioner of the discharge; and
(2) undertake all reasonable actions to abate, contain, and remove pollution from the discharge.
(b) If the persons responsible or in charge are unknown or appear to the commissioner to be unwilling or unable to abate, contain, and remove pollution from an unauthorized discharge of oil in an adequate manner, the commissioner may abate, contain, and remove pollution from the discharge and may contract with and appoint agents who shall operate under the direction of the commissioner.
(c) In order to prevent duplication of effort among state agencies, the commissioner shall utilize the expertise of the Texas Commission on Environmental Quality on technical and scientific actions, including but not limited to:
(1) taking samples in the spill area;
(2) monitoring meteorological conditions that may affect spill response operations; and
(3) regulating disposal of spilled material.
Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 40.101. Notification and Response - last updated January 01, 2024 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-40-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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