(a) The commission may issue an emergency order to the owner or operator of an underground
or aboveground storage tank regulated under Chapter 26 prohibiting the owner or operator
from allowing or continuing a release or threatened release and requiring the owner
or operator to take the actions necessary to eliminate the release or threatened release,
if the commission finds that:
(1) there is an actual or threatened release of a regulated substance; and
(2) more expeditious action than is otherwise provided under Chapter 26 is necessary
to protect the public health or safety or the environment from harm.
(b) An emergency order issued under this section must be:
(1) mailed by certified mail, return receipt requested, to each person identified
in the order;
(2) hand delivered to each person identified in the order; or
(3) on failure of service by certified mail or hand delivery, served by publication
one time in the Texas Register and one time in a newspaper with general circulation
in each county in which any of the persons identified in the order has a last known
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