30 Tex. Admin. Code § 334.312 - Owner/Operator Contribution

(a) The agency shall deduct from any amount claimed for reimbursement an amount of allowable costs equal to the greater amount applicable for the owner/operator contribution as described in this section.

(b) The owner/operator contribution for each occurrence shall be as follows:

(1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $10,000;

(2) for a person who owns or operates a total of 100 - 999 petroleum storage tanks, $5,000;

(3) for a person who owns or operates a total of 13 - 99 petroleum storage tanks, $2,500; and

(4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $1,000.

(c) If an owner or operator does not submit a site assessment in accordance with § 334.78 of this title (relating to Site Assessment) before December 23, 1996, the owner/operator contribution for each occurrence shall be as follows:

(1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $20,000;

(2) for a person who owns or operates a total of 100 - 999 petroleum storage tanks, $10,000;

(3) for a person who owns or operates a total of 13 - 99 petroleum storage tanks, $5,000; and

(4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $2,000.

(d) If an owner or operator's corrective action plan as required by § 334.81 of this title (relating to Corrective Action Plan) is not approved by the agency before June 23, 1998, the owner/operator contribution for each occurrence shall be as follows:

(1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $40,000;

(2) for a person who owns or operates a total of 100 - 999 petroleum storage tanks, $20,000;

(3) for a person who owns or operates a total of 13 - 99 petroleum storage tanks, $10,000; and

(4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $4,000.

(e) If an owner or operator's corrective action plan as required by § 334.81 of this title is not approved by the agency before December 23, 1999, and if the owner or operator has not met the goals specified in the plan to be met by December 23, 1999, the owner/operator contribution for each occurrence shall be as follows:

(1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $80,000;

(2) for a person who owns or operates a total of 100 - 999 petroleum storage tanks, $40,000;

(3) for a person who owns or operates a total of 13 - 99 petroleum storage tanks, $20,000; and

(4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $8,000.

(f) An owner or operator of a site for which a closure letter has been issued on or after September 1, 1995, the owner/operator contribution for each subsequent release occurrence shall be $50,000.

(g) It shall be presumed for purposes of this section that a person owns:

(1) the number of tanks for which he is registered as the owner in the records of the agency on the date that an administratively complete application is filed with the agency; or

(2) the number of tanks actually owned by the eligible owner or operator on the date that an administratively complete application is filed with the agency, whichever is greater.

Notes

30 Tex. Admin. Code § 334.312

The provisions of this §334.312 adopted to be effective March 4, 1992, 17 TexReg 1385; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442