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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 19OIL SPILL PREVENTION AND RESPONSE
SUBCHAPTER FDERELICT VESSELS AND STRUCTURES
RULE §19.79Prioritization of Derelict Vessel and Structure Removal

This subchapter does not impose a duty on an authorized public entity to remove or dispose of a derelict vessel or structure. The commissioner may consider the following factors in determining the priority for removal of a derelict vessel or structure:

  (1) whether there is an imminent threat of the unauthorized discharge of oil or release of a hazardous substance from the vessel or structure;

  (2) whether there is an imminent threat that the vessel or structure will break apart;

  (3) proximity of the vessel or structure to a navigational channel;

  (4) proximity of the vessel or structure to a critical natural resource area;

  (5) whether the local government with jurisdiction over submerged land on or over which a derelict vessel or structure is located has adopted a local ordinance relating to removal and disposal of derelict vessels and has contracted with the commissioner for such removal or disposal;

  (6) whether federal and local governmental financial participation in the removal project is maximized, including in-kind contributions;

  (7) whether financial participation by private beneficiaries of the removal project is maximized, including in-kind contributions;

  (8) whether the removal project achieves efficiencies and economies of scale;

  (9) the cost of the proposed project in relation to the amount of money available from appropriated funds; and

  (10) any other matter deemed relevant by the commissioner.


Source Note: The provisions of this §19.79 adopted to be effective September 13, 2010, 35 TexReg 8377

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