The person responsible for cleaning up a spill is:
- the owner or operator of a facility from which a spill
emanates;
- the owner, operator, or demise charterer of a vessel
from which a spill emanates; or
- any other person who causes, suffers, allows, or permits
a spill or discharge.
The TCEQ’s on-scene coordinator may determine that the
responsible person is unable or unwilling to respond. In those
cases, the TCEQ may take over the response action, using state
funds as authorized. Texas Water Code 26.266
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requires the TCEQ to seek reimbursement of
state funds spent on cleanup from any and all responsible
persons.
In addition, the TCEQ may pursue administrative, civil, and
criminal penalties.
