Tex. Water Code Section 26.3476
Secondary Containment Required for Tanks Located over Certain Aquifers

(a)

In this section, “secondary containment” means a method by which a secondary wall or barrier is installed around an underground storage tank system in a manner designed to prevent a release of a regulated substance from migrating beyond the secondary wall or barrier before the release can be detected. A secondary containment system may include an impervious liner or vault surrounding a primary tank or piping system or a double-wall tank or piping system.

(b)

An underground storage tank system, at a minimum, shall incorporate a method for secondary containment if the system is located in:

(1)

the outcrop of a major aquifer composed of limestone and associated carbonate rocks of Cretaceous age or older; and

(2)

a county that:

(A)

has a population of at least 1.2 million and relies on groundwater for at least 75 percent of the county’s water supply; or

(B)

has a population of at least 75,000 and is adjacent to a county described by Paragraph (A).

(c)

Section 26.3475 (Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection; Notice of Violation; Shutdown)(e) applies to an underground storage tank system that is subject to this section as if a violation of this section were a violation of Section 26.3475 (Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection; Notice of Violation; Shutdown).

(d)

Notwithstanding Section 26.359 (Local Regulation or Ordinance)(b), a political subdivision under this section may adopt standards for the containment of underground storage tank systems.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 13.01, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 279, eff. September 1, 2023.

Source: Section 26.3476 — Secondary Containment Required for Tanks Located over Certain Aquifers, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­26.­htm#26.­3476 (accessed Jun. 5, 2024).

26.001
Definitions 26.002
Ownership of Underground Water 26.003
Policy of This Subchapter 26.011
In General 26.012
State Water Quality Plan 26.013
Research, Investigations 26.014
Power to Enter Property 26.015
Power to Examine Records 26.017
Cooperation 26.018
Contracts, Instruments 26.019
Orders 26.020
Hearing Powers 26.021
Delegation of Hearing Powers 26.022
Notice of Hearings 26.023
Water Quality Standards 26.024
Hearings on Standards 26.025
Hearings on Standards 26.026
Standards to Be Published 26.027
Commission May Issue Permits 26.028
Action on Application 26.029
Conditions of Permit 26.030
Permit 26.033
Rating of Waste Disposal Systems 26.034
Approval of Disposal System Plans 26.035
Federal Grants 26.036
Water Quality Management Plans 26.037
Approval of Plans 26.038
Fiscal Control on Water Quality Management Planning 26.039
Accidental Discharges and Spills 26.040
General Permits 26.041
Health Hazards 26.042
Monitoring and Reporting 26.043
The State of Texas Water Pollution Control Compact 26.044
Disposal of Boat Sewage 26.045
Pump-out Facilities for Boat Sewage 26.046
Hearings on Protection of Edwards Aquifer from Pollution 26.047
Permit Conditions and Pretreatment Standards Concerning Publicly Owned Treatment Works 26.048
Prohibition of Discharge to a Playa from a Concentrated Animal Feeding Operation 26.049
Sanitary Sewer Overflows 26.050
Digital Copies of Boundary Lines 26.052
Limited Liability for Aquatic Herbicide Application 26.053
Don’t Mess with Texas Water Program 26.081
Regional or Area-wide Systems 26.082
Hearing to Define Area of Regional or Area-wide Systems 26.083
Hearing to Designate Systems to Serve the Area Defined 26.084
Actions Available to Commission After Designations of Systems 26.085
Inclusion at a Later Time 26.086
Rates for Services by Designated Systems 26.087
Election for Approval of Regional or Area-wide System or Systems 26.121
Unauthorized Discharges Prohibited 26.127
Commission as Principal Authority 26.128
Groundwater Quality 26.129
Duty of Parks and Wildlife Department 26.130
Duty of Department of Health 26.131
Duties of Railroad Commission 26.132
Evaporation Pits Requirements 26.0135
Watershed Monitoring and Assessment of Water Quality 26.135
Effect on Other Laws 26.0136
Water Quality Management 26.137
Comment Period for Edwards Aquifer Protection Plans 26.0151
Public Information 26.171
Inspection of Public Water 26.172
Recommendations to Commission 26.173
Power to Enter Property 26.175
Cooperative Agreements 26.176
Disposal System Rules 26.177
Water Pollution Control Duties of Cities 26.178
Financial Assistance Dependent on Water Quality Programs 26.179
Designation of Water Quality Protection Zones in Certain Areas 26.180
Nonpoint Source Water Pollution Control Programs of Certain Municipalities 26.0191
Temporary or Emergency Order Relating to Discharge of Waste or Pollutants 26.215
Peace Officers 26.261
Short Title 26.262
Policy and Construction 26.263
Definitions 26.264
Administrative Provisions 26.265
Texas Spill Response Account 26.266
Removal of Spill or Discharge 26.267
Exemptions 26.0271
Permits Authorizing Reuse Water System Contributions and Discharges 26.0272
Permits Authorizing Discharges from Certain Seawater Desalination Facilities 26.0281
Consideration of Compliance History 26.0282
Consideration of Need and Regional Treatment Options 26.0283
Denial of Application for Permit 26.0286
Procedures Applicable to Permits for Certain Concentrated Animal Feeding Operations 26.0291
Water Quality Fee 26.0292
Fees Charged to Aquaculture Facilities 26.0301
Wastewater Operations Company Registration and Operator Licensing 26.301
Definitions 26.302
Regulation of Poultry Facilities 26.303
Handling and Disposal of Poultry Carcasses 26.304
Records of Sale, Purchase, Transfer, or Application of Poultry Litter 26.305
Inspection of Records 26.0311
Standards for Control of Graywater 26.341
Purpose 26.342
Definitions 26.343
Regulated Substances 26.344
Exemptions 26.0345
Discharge from Aquaculture Facilities 26.345
Administrative Provisions 26.346
Registration Requirements 26.347
Tank Standards 26.348
Leak Detection and Record Maintenance 26.349
Reporting of Releases and Corrective Action 26.350
Tank Closure Requirements 26.351
Corrective Action 26.352
Financial Responsibility 26.354
Emergency Orders 26.355
Recovery of Costs 26.356
Inspections, Monitoring, and Testing 26.357
Standards and Rules 26.358
Collection, Use, and Disposition of Storage Tank Fees and Other Revenues 26.359
Local Regulation or Ordinance 26.360
Privatization of Program 26.361
Expiration of Reimbursement Program 26.362
Suit to Test Validity of Closure Letter 26.363
Reliance on Closure Letter 26.364
Registration of Persons Who Contract to Perform Corrective Action 26.365
Registration of Geoscientists Who Contract to Perform Corrective Action 26.366
Licensure of Persons Who Supervise Corrective Actions 26.367
Licensure of Geoscientists Who Supervise Corrective Actions 26.401
Legislative Findings 26.402
Definition 26.403
Creation and Membership of Texas Groundwater Protection Committee 26.404
Administration 26.0405
General Permits for Certain Sewage Treatment and Disposal Systems 26.405
Powers and Duties of Committee 26.406
Groundwater Contamination Information and Reports 26.407
Protection and Enhancement Plans 26.408
Notice of Groundwater Contamination 26.451
Definitions 26.452
Underground Storage Tank Contractor 26.456
Underground Storage Tank On-site Supervisor Licensing 26.0461
Fees for Edwards Aquifer Plans 26.0481
Disposal of Dairy Waste in Retention Facility 26.0491
Model Standards to Prevent Discharge of Untreated Wastewater from Sanitary Sewers 26.501
Definitions 26.502
Applicability 26.503
Regulation of Certain Concentrated Animal Feeding Operation Wastes 26.504
Waste Application Field Soil Sampling and Testing 26.551
Definitions 26.552
Applicability 26.553
Regulation of Quarries Within Water Quality Protection Area 26.554
Financial Responsibility for Discharges of Certain Wastes Within Water Quality Protection Area 26.555
Inspections of and Sampling of Water in Pilot Program Areas 26.556
Unauthorized Discharges of Certain Wastes Within Water Quality Protection Area 26.557
Emergency Orders 26.558
Recovery of Costs for Unauthorized Discharges Within Water Quality Protection Area 26.559
Reclamation and Restoration Fund Account 26.560
Cooperation with Other State Agencies 26.562
Expiration 26.1211
Pretreatment Effluent Standards 26.1311
Duty of State Soil and Water Conservation Board 26.2171
Venue 26.02715
Disposal of Reclaimed Wastewater to Wastewater Collection System 26.3441
Aboveground Storage Tanks 26.3442
Performance Standards for Safety at Storage Vessels 26.3443
Certain Commission Exemptions and Rules 26.3444
Certification Fee 26.3465
Failure or Refusal to Provide Proof of Registration or Certification of Compliance 26.3467
Duty to Ensure Certification of Tank Before Delivery 26.3475
Release Detection Requirements 26.3476
Secondary Containment Required for Tanks Located over Certain Aquifers 26.3511
Corrective Action by the Commission 26.3512
Owner or Operator Responsibility 26.3513
Liability and Costs: Multiple Owners and Operators 26.3514
Limits on Liability of Lender 26.3515
Limits on Liability of Corporate Fiduciary 26.3516
Limits on Liability of Taxing Unit 26.3571
Eligible Owner or Operator 26.3572
Groundwater Protection Cleanup Program 26.3573
Petroleum Storage Tank Remediation Account 26.3574
Fee on Delivery of Certain Petroleum Products 26.35731
Consideration and Processing of Applications for Reimbursement 26.35735
Claims Audit
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 26.3476’s source at texas​.gov