SECTION 19.16. Person in Charge

(a) Upon applying for a certificate, the applicant must designate a person or persons in charge of the facility for purposes of ensuring the General Land Office (GLO) is notified of unauthorized discharges at the facility and that the facility meets all other requirements of OSPRA. The designation must be by name and by job title.

(b) A facility must have a person in charge at the facility at all times the facility is normally attended by personnel. For those facilities or at those times at which personnel are not normally present, the facility must at all times have a person in charge on call and capable of travelling immediately to the facility to respond to an actual or threatened unauthorized discharge. The person in charge must have the independent authority to deploy response equipment and personnel and to expend funds for response actions.

(c) It is the duty of the owner and the operator of the facility to inform the person in charge of the duties established under OSPRA and this chapter with respect to unauthorized discharge prevention and response.

Source Note: The provisions of this §19.16 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective August 9, 2020, 45 TexReg 5364