SECTION 333.34. Eligibility for Innocent Owner/Operator Certificate

(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.

Source Note: The provisions of this §333.34 adopted to be effective August 30, 1998, 23 TexReg 8684.