(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 aperson 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.