Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 333 - BROWNFIELDS INITIATIVES
Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION
Section 333.34 - Eligibility for Innocent Owner/Operator Certificate
Universal Citation: 30 TX Admin Code § 333.34
Current through Reg. 50, No. 13; March 28, 2025
(a) The following persons are eligible to receive an innocent owner/operator certificate:
(1) a person defined as an innocent owner/operator in the Texas Health and Safety Code, §
361.751(2); and
(2) a person that acquired a portion of the tract on which the source of a release of contaminants is located from the person that caused the release who meets the provisions of the Texas Health and Safety Code, §
361.752(b).
(b) A person electing to participate in the innocent owner/operator program shall:
(1) complete an innocent owner/operator application as provided by Texas Health and Safety Code, §
361.753;
(2) pay all agency costs associated with the review of the application and the issuance of the innocent owner/operator certificate; and
(3) agree to grant reasonable access to the site for purposes of investigation or remediation to a person designated by the executive director.
(c) A person is not required to be a current owner or operator of the site in order to apply for an innocent owner/operator certificate, but must provide proof of ownership or operation before a certificate can be issued.
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