Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT
Subchapter C - NATURAL RESOURCE DAMAGE ASSESSMENTS
Section 20.33 - Expedited Damage Assessment
Universal Citation: 31 TX Admin Code ยง 20.33
Current through Reg. 49, No. 38; September 20, 2024
(a) An expedited damage assessment may be utilized when:
(1)
the following circumstances exist:
(A) the
discharge of oil has caused limited observable mortality; and
(B) the extent of injury may be determined
within 12 months following the completion of response actions; and
(C) a restoration plan may be initiated
within 12 months of the completion of response actions;
(2) the quantity of oil discharged is less
than 1,000 gallons; or
(3) the
state trustees, using their best professional judgment, determine that the
expedited damage assessment method is the most cost-effective, technically
feasible method for achieving timely restoration of injured natural
resources.
(b) State trustees may utilize appropriate simplified procedures and protocols in an expedited assessment.
(c) The state trustees, in consultation with the responsible person, may decide to use a restoration project from the equivalent resource plan described in § 20.36(e) of this title (relating to Equivalent Resource Plans) for the purpose of compensating for injuries to natural resources which are identified as the result of an expedited damage assessment conducted under this section.
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