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Rule 333.35. Application

(a) A person who desires to obtain an innocent owner/operator certificate shall submit to the executive director an application and an application fee as prescribed by this section.

(b) An application submitted under this section shall:

(1) be on a form provided by the executive director;

(2) contain: (A) general information concerning the owner/operator and the site; (B) a site investigation report; (C) a legal description of the site and the name of the site owner and/or operator, as appropriate, at the time of application submittal; (D) a statement that the owner or operator has not caused or contributed to the off-site source or sources of contamination that have released or migrated onto the site and is otherwise eligible for an innocent owner/operator certificate; and (E) other background informationrequested by the executive director.

(3) be accompanied by an application fee of $1,000 payable to the Texas Natural Resource Conservation Commission.

(1) relevant information concerning the potential for human exposure to the release or migration of contaminants at the site;

(2) information concerning site contamination which demonstrates: (A) that the site has become contaminated as a result of a release or migration of contaminants from a source or sources not located on or at the site; and (B) that the person has not caused or contributed to the off-site source or sources of contamination which have released or migrated onto the site;

(3) a summary of all known historical and current site uses, including a description of areas and activities where potential on-site contaminant sourcesmay be located;

(4) if a portion of the tract was acquired from the person that caused the release, then the person applying for the certification shall also provide information which demonstrates the following: (A) the person acquired the portion of the tract after appropriate inquiry consistent with good commercial or customary practice; and (B) after conducting this inquiry, the person did not know or have reason to know of the contamination at the time the person acquired the site;

(5) previously completed site investigation reports for the site within the possession or control of the applicant;

(6) a schedule for conducting any additional site investigation activities and/or the submittal of additional information that is necessary to complete the requirements of this subsection; and

(7) a description of any placement of institutional or engineering controls onthe use of the site, proposed by the applicant, that are necessary to protect the public health.

(8) In those instances where there exists on the site an actual or potential source or sources of the same or similar contaminants to those that have been released or migrated from an off-site source or sources, the applicant or other party at its option may conduct an investigation, remediation, or other response action with respect to the on-site source or sources and seek approval of that action through this section from the executive director.

(d) If a sale, transfer, or change in ownership or operation of the site will occur during the application review period for an innocent owner/operator certificate, the prospective owner or operator may be added to the application as a coapplicant with the current owner or operator. The following information regarding the coapplicant shall be included in the application:

(1) generalinformation regarding the prospective owner or operator;

(2) a statement that the prospective owner or operator has not caused or contributed to the off-site source or sources of contamination that have been released or migrated onto the site and is otherwise eligible for an innocent owner/operator certificate; and

(3) other background information requested by the executive director.

(e) If an innocent owner/operator certificate holder contemplates a sale, transfer, or change in operation of the site and the prospective owner or operator desires receipt of an innocent owner/operator certificate, the certificate holder and/or the prospective owner or operator shall submit an updated application with the executive director. The updated application shall be accompanied by an application fee and shall:

(1) be on a form provided by the executive director;

(2) contain: (A) a copy of the most recent innocent owner/operator certificate issued for the site; (B) general information regarding the prospective owner or operator; (C) a statement that the prospective owner or operator has not caused or contributed to the off-site source or sources of contamination that have been released or have migrated onto the site and is otherwise eligible for an innocent owner/operator certificate; (D) a statement or other documentation which demonstrates that the certificate holder: (i) has not, during the period since issuance of the most recent certificate, caused or contributed to the source or sources of off-site contamination that have been released or migrated onto the site; (ii) has not, during the period since issuance of the most recent certificate, discharged or released on the site any contaminants covered by a prior certificate; and (iii) remains otherwise eligible for an innocent owner/operator certificate; (E) a legal description of the site and the name of the site's owner and/or operator, as appropriate, at the time of the updated application submittal; (F) a summary of all known historical and current site uses since the most recent certificate was issued, including a description of areas and activities where potential on-site contaminant sources may be located; (G) other background information requested by the executive director; and (H) additional site investigation activities and additional information necessary to complete the requirements of this subsection when activities or land use since the most recent certificate was issued may have caused the discharge or release of contaminants covered by a prior certificate.

(f) By signing an application, the applicant agrees:

(1) pursuant to Texas Water Code, §5.122, that the executive director has the authority to issue, deny, or revoke a certificate; and

(2) to pay the agency all reasonable costs incurred in reviewing the applicant's innocent owner/operator application and in issuing the innocent owner/operator certificate.

(g) Any portion of the application fee not incurred or obligated in the review of the application and in the issuance of the innocent owner/operator certificate will be refunded.

(h) If an application is not complete, the executive director will provide the applicant with a list of all information needed to make the application complete and will allow the applicant an opportunity to submit the additional information.

Source Note: The provisions of this §333.35 adopted to be effective August 30, 1998, 23 TexReg 8684.