31 Tex. Admin. Code § 19.3 - Inspections and Access to Property

(a) Officers, employees, or authorized agents of the General Land Office (GLO) may enter and inspect any land, building, facility, vessel, device, equipment, or other property to respond to an unauthorized discharge, to determine compliance or noncompliance with OSPRA or any rule, order, or certificate issued under OSPRA, to ascertain discharge prevention and response capability, and to assess natural resources damages. Drills, audits, and inspections may be announced or unannounced. If unannounced, the GLO will make a reasonable effort to obtain the consent of the owner of the vessel or facility prior to entry. In the event of a response to an unauthorized discharge of oil or the threat of an unauthorized discharge of oil, the GLO will also make a reasonable effort to obtain consent; this effort will be consistent with the need for prompt abatement and containment actions for the protection of health, safety, and natural resources. A reasonable effort to obtain consent means that a readily identifiable owner or owner's representative has been informed of the GLO's authority to undertake the proposed actions requiring entry and that the purpose of the entry has been described and the owner and or his representative have been afforded the opportunity to accompany the GLO during the audit or inspection or to be kept informed of GLO activities during a response event.

(b) The GLO's officers, employees, and agents will present credentials and explain the purpose and scope of the requested entry onto private property. Upon gaining access to the property, the GLO's representative may:

(1) sample and test any substance or environmental media;

(2) observe the performance of equipment;

(3) take photographs and videotapes and other recordings;

(4) review and copy documents;

(5) inspect discharge prevention and response equipment and supplies;

(6) inspect containment and drainage areas and any other portion of the facility or vessel where oil is handled.

(c) The GLO's officers, employees, and agents must observe a vessel's or facility's standard safety requirements. Standard safety requirements as set forth in the Occupational Safety and Health Act (OSHA) (29 United States Code Annotated §651 et seq.) and applicable regulations or in any State of Texas statute or rule will be observed. Any additional or other requirement imposed by the owner or operator will be observed only to the extent that it does not unreasonably hinder the objective of the authorized entry.

Notes

31 Tex. Admin. Code § 19.3

The provisions of this §19.3 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261