SECTION 334.311. Determining the Number of Occurrences

(a) All releases at a facility which are discovered before or during the following phase of corrective action will be considered part of one release, subject to subsection (d) of this section:

(1) the initial abatement measures and emergency action phase; and

(2) preliminary site assessment phase.

(b) Releases discovered at a facility after the preliminary site assessment and remediation planning phase will be considered as separate occurrences from the releases detected earlier at the facility, subject to subsection (d) of this section.

(c) Regardless of when discovered, if the contamination within a facility is located in two or more areas and remediation of any area could be performed under separate and distinct corrective action plans, each distinct area within the facility will be considered as a separate occurrence, subject to subsection (d) of this section.

(d) In any situation, releases at a facility may be considered either as single or separate occurrences when doing either would:

(1) make the most efficient use of the petroleum storage tank remediation fund; or

(2) provide the most effective protection to the environment or best provide for public health and safety.

Source Note: The provisions of this §334.311 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective November 8, 1995, 20 TexReg 8800.