Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 35 - EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS
Subchapter I - STORAGE TANK EMERGENCY ORDERS
Section 35.601 - Emergency Order Concerning Underground or Aboveground Storage Tanks
Universal Citation: 30 TX Admin Code § 35.601
Current through Reg. 50, No. 13; March 28, 2025
(a) The commission or executive director may issue orders under Texas Water Code, § 5.510, to the owner or operator of an underground storage tank (UST) regulated under Texas Water Code, Chapter 26, and Chapter 334 of this title (relating to Underground and Aboveground Storage Tanks), if it finds that:
(1) there is an actual or threatened release
of a regulated substance from a UST; and
(2) more expeditious corrective action than
is otherwise provided for under Texas Water Code, Chapter 26 is necessary to
protect the public health and safety or the environment.
(b) An order issued under subsection (a) of this section may prohibit a person from allowing or continuing a release or threatened release and may require the person to take the actions necessary to eliminate the release or threatened release.
(c) 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, published 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 had a last known address.
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