SECTION 19.35. Assistance

(a) Other than persons employed by the responsible person or certified discharge cleanup organizations under contract with the responsible person, or any person conducting initial emergency response assistance, no person shall conduct cleanup operations without the approval of the on-scene coordinator. Authorization may be given individually or blanket authorization may be given to any group or class of persons or organizations. The General Land Office (GLO) will give preference to those persons who are certified as discharge cleanup organizations and to trained and qualified personnel.

(b) Any person or discharge cleanup organization participating in response operations shall not receive or be eligible to receive compensation from the fund unless the participation was authorized by the GLO. A person or organization is entitled to a qualified immunity from liability for damages, response costs, or penalties only if acting pursuant to request of the on-scene coordinator, the responsible person, or in accord with the applicable contingency plan or response plan.

(c) The GLO may waive the prior authorization requirement only if the assistance rendered was consistent with applicable contingency plans, and response plans, and was effective, cost-efficient, reasonably necessary, and did not endanger life, property, or natural resources.

Source Note: The provisions of this §19.35 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261.