This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:53 GMT

TITLE 30 - ENVIRONMENTAL QUALITY
PART 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 333 - BROWNFIELDS INITIATIVES
SUBCHAPTER B - INNOCENT OWNER/OPERATOR CERTIFICATION
SECTION/RULE §333.34 - Eligibility for Innocent Owner/Operator Certificate
Chapter Review Date 01/11/2024

(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.

View Official Rule