Texas Natural Resources Code - Section 81.056. Contamination Report
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Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 81.056. Contamination Report
§ 81.056. CONTAMINATION REPORT. (a) In this section:
(1) "Common carrier" has the meaning assigned by
Section 111.002.
(2) "Owner of the land" or "landowner" means the first
person who is shown on the appraisal roll of the appraisal district
established for the county in which a tract of land is located as
owning an interest in the surface estate of the land at the time a
contamination report is required to be made under this section.
(b) If in the process of placing, repairing, replacing, or
maintaining a pipeline a common carrier or an owner or operator of a
pipeline observes or detects any petroleum-based contamination of
soil or water in proximity to the pipeline, the common carrier or
pipeline owner or operator shall report the contamination to the
commission and the owner of the land on which the pipeline is
located. Petroleum-based contamination of soil or water that is
observed or detected is required to be reported under this
subsection if:
(1) hydrocarbons are present on the surface of the
water;
(2) at least five linear yards of soil have been
affected by hydrocarbons; or
(3) soil affected by hydrocarbons extends beyond the
face of the excavation in which the contamination is observed or
detected.
(c) The contamination report:
(1) must be made not later than 24 hours after the
common carrier or pipeline owner or operator observes or detects
the contamination;
(2) must include the global positioning satellite
coordinates of the location of the contamination; and
(3) may be made by telephone, facsimile, or electronic
mail.
(d) Not later than the third business day after the date the
commission receives the contamination report, a person authorized
by the commission shall withdraw a soil sample from the
contaminated land. The person is entitled to enter the land for the
purpose of withdrawing the sample.
(e) A common carrier or pipeline owner or operator that
makes a contamination report under this section is released from
all liability for the contamination or the cleanup of the
contamination covered by the report, except for any contamination
caused by the common carrier or pipeline owner or operator.
(f) The commission shall adopt rules to implement this
section.
(g) The commission may not use money in the oil-field
cleanup fund to implement this section.
Added by Acts 2005, 79th Leg., ch. 339, § 1, eff. Sept. 1, 2005.
Section: 81.053 81.0531 81.0532 81.0533 81.0534 81.054 81.055 81.056 81.057 81.091 81.092 81.111 81.112 81.113 81.114
Last modified: August 11, 2007
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