SECTION 338.7. Inspections

(a) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this chapter, an owner or operator of an aboveground storage vessel, on the request of the executive director must:

(1) furnish information related to the aboveground storage vessel, including aboveground storage vessel equipment and contents; and

(2) allow the executive director at all reasonable times to have access to and to obtain all records relating to the aboveground storage vessel.

(b) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this chapter, the executive director may:

(1) enter at reasonable times a facility in which an aboveground storage vessel is located;

(2) inspect and obtain samples, which will be collected by the owner or operator at the request of the executive director, of a regulated substance contained in the aboveground storage vessel; and

(3) conduct monitoring or request that the owner/operator conduct monitoring of the aboveground storage vessel, surrounding soils, air, surface water, or groundwater.

(c) The executive director may direct an owner or operator of an aboveground storage vessel to conduct monitoring and testing if the executive director finds that there is reasonable cause to believe that a release has occurred in the area in which the aboveground storage vessel is located.

Source Note: The provisions of this §338.7 adopted to be effective August 24, 2023, 48 TexReg 4487