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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 30. ENVIRONMENTAL QUALITY |
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PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY |
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CHAPTER 37. FINANCIAL ASSURANCE |
| SUBCHAPTER A. GENERAL FINANCIAL ASSURANCE REQUIREMENTS |
| § 37.1. Applicability |
| § 37.11. Definitions |
| § 37.21. Wording and Approval of Mechanisms |
| § 37.31. Submission of Documents |
| § 37.41. Use of Multiple Financial Assurance Mechanisms |
| § 37.51. Use of a Financial Assurance Mechanism for Multiple Facilities |
| § 37.52. Use of a Universal Financial Assurance Mechanism for Multiple Facilities and Program Areas |
| § 37.61. Termination of Mechanisms |
| § 37.71. Incapacity of Owners or Operators, Guarantors, or Issuing Institutions |
| § 37.81. Transfer of Ownership or Operational Control |
| SUBCHAPTER B. FINANCIAL ASSURANCE REQUIREMENTS FOR CLOSURE, POST CLOSURE, AND CORRECTIVE ACTION |
| § 37.100. Applicability |
| § 37.101. Drawing on the Financial Assurance Mechanisms |
| § 37.111. Continuous Financial Assurance Required |
| § 37.121. Current Cost Estimate |
| § 37.131. Annual Inflation Adjustments to Closure Cost Estimates |
| § 37.141. Increase in Current Cost Estimate |
| § 37.151. Decrease in Current Cost Estimate |
| § 37.161. Establishment of a Standby Trust |
| SUBCHAPTER C. FINANCIAL ASSURANCE MECHANISMS FOR CLOSURE, POST CLOSURE, AND CORRECTIVE ACTION |
| § 37.200. Applicability |
| § 37.201. Trust Fund |
| § 37.211. Surety Bond Guaranteeing Payment |
| § 37.221. Surety Bond Guaranteeing Performance |
| § 37.231. Irrevocable Standby Letter of Credit |
| § 37.241. Insurance |
| § 37.251. Financial Test |
| § 37.261. Corporate Guarantee |
| § 37.271. Local Government Financial Test |
| § 37.281. Local Government Guarantee |
| SUBCHAPTER D. WORDING OF THE MECHANISMS FOR CLOSURE, POST CLOSURE, AND CORRECTIVE ACTION |
| § 37.301. Trust Agreement |
| § 37.311. Payment Bond |
| § 37.321. Performance Bond |
| § 37.331. Irrevocable Standby Letter of Credit |
| § 37.341. Certificate of Insurance |
| § 37.351. Financial Test |
| § 37.361. Corporate Guarantee |
| § 37.371. Local Government Financial Test |
| § 37.381. Local Government Guarantee |
| SUBCHAPTER E. FINANCIAL ASSURANCE REQUIREMENTS FOR LIABILITY COVERAGE |
| § 37.400. Applicability |
| § 37.402. Definitions |
| § 37.404. Liability Requirements for Sudden and Nonsudden Accidental Occurrences |
| § 37.411. Adjustments to the Level of Liability Coverage |
| SUBCHAPTER F. FINANCIAL ASSURANCE MECHANISMS FOR LIABILITY |
| § 37.501. Trust Fund for Liability |
| § 37.511. Surety Bond Guaranteeing Payment for Liability |
| § 37.521. Irrevocable Standby Letter of Credit for Liability |
| § 37.531. Insurance for Liability |
| § 37.541. Financial Test for Liability |
| § 37.551. Corporate Guarantee for Liability |
| SUBCHAPTER G. WORDING OF THE MECHANISMS FOR LIABILITY |
| § 37.601. Trust Agreement for Liability |
| § 37.611. Payment Bond for Liability |
| § 37.621. Irrevocable Standby Letter of Credit for Liability |
| § 37.631. Certificate of Insurance for Liability |
| § 37.641. Endorsement for Liability |
| § 37.651. Financial Test for Liability |
| § 37.661. Corporate Guarantee for Liability |
| § 37.671. Standby Trust Agreement |
| SUBCHAPTER I. FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS |
| § 37.801. Applicability |
| § 37.802. Definitions |
| § 37.815. Amount and Scope of Required Financial Assurance |
| § 37.820. Allowable Mechanisms and Combinations of Mechanisms |
| § 37.825. Financial Test of Self-Insurance |
| § 37.830. Guarantee |
| § 37.835. Insurance and Risk Retention Group Coverage |
| § 37.840. Surety Bond |
| § 37.845. Letter of Credit |
| § 37.850. Trust Fund |
| § 37.855. Standby Trust Fund |
| § 37.860. Substitution of Financial Assurance Mechanisms by Owner or Operator |
| § 37.865. Cancellation or Non-renewal by a Provider of Financial Assurance |
| § 37.867. Duty to Empty Tanks After Termination of Financial Assurance |
| § 37.870. Reporting, Registration, and Certification |
| § 37.875. Financial Assurance Recordkeeping |
| § 37.880. Drawing on Financial Assurance Mechanisms |
| § 37.885. Release from the Requirements |
| § 37.890. Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance |
| § 37.895. Replenishment of Guarantees, Letters of Credit, or Surety Bonds |
| SUBCHAPTER J. FINANCIAL ASSURANCE FOR RECYCLING FACILITIES |
| § 37.901. Applicability |
| § 37.911. Definitions |
| § 37.921. Financial Assurance Requirements for Closure |
| § 37.931. Financial Assurance Mechanisms |
| SUBCHAPTER K. FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS A OR B PETROLEUM-SUBSTANCE CONTAMINATED SOIL STORAGE, TREATMENT, AND REUSE FACILITIES |
| § 37.1001. Applicability |
| § 37.1005. Submission of Documents |
| § 37.1011. Financial Assurance Requirements for Closure of Class A and B Facilities |
| § 37.1021. Liability Requirements for Class A and B Facilities |
| SUBCHAPTER L. FINANCIAL ASSURANCE FOR USED OIL RECYCLING |
| § 37.2001. Applicability |
| § 37.2003. Definitions |
| § 37.2011. Financial Assurance Requirements for Used Oil Handlers |
| § 37.2013. Financial Assurance Mechanisms for Used Oil Handlers |
| § 37.2015. Submission of Documents |
| § 37.2021. Financial Assurance Requirements for Transporters of Used Oil |
| SUBCHAPTER M. FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES |
| § 37.3001. Applicability |
| § 37.3003. Definitions |
| § 37.3011. Financial Assurance Requirements |
| § 37.3021. Financial Assurance Mechanisms |
| § 37.3031. Submission of Documents |
| SUBCHAPTER N. FINANCIAL ASSURANCE REQUIREMENTS FOR THE TEXAS RISK REDUCTION PROGRAM RULES |
| § 37.4001. Applicability |
| § 37.4011. Definitions |
| § 37.4021. Financial Assurance Requirements for Post-Response Action Care |
| § 37.4031. Financial Assurance Requirements for Facility Operations Areas |
| SUBCHAPTER O. FINANCIAL ASSURANCE FOR PUBLIC DRINKING WATER SYSTEMS |
| § 37.5001. Applicability |
| § 37.5002. Definitions |
| § 37.5011. Financial Assurance for a Public Water System |
| SUBCHAPTER P. FINANCIAL ASSURANCE FOR HAZARDOUS AND NONHAZARDOUS INDUSTRIAL SOLID WASTE FACILITIES |
| § 37.6001. Applicability |
| § 37.6011. Definitions |
| § 37.6021. Financial Assurance Requirements for Closure, Post Closure, and Corrective Action |
| § 37.6031. Financial Assurance Requirements for Liability |
| § 37.6041. State Assumption of Responsibility |
| SUBCHAPTER Q. FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS |
| § 37.7001. Applicability |
| § 37.7011. Definitions |
| § 37.7021. Financial Assurance Requirements for Plugging and Abandonment |
| § 37.7031. Financial Assurance Requirements for Post Closure |
| § 37.7041. Financial Assurance Requirements for Liability |
| § 37.7051. State Assumption of Responsibility |
| SUBCHAPTER R. FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES |
| § 37.8001. Applicability |
| § 37.8011. Definitions |
| § 37.8021. Financial Assurance Requirements |
| § 37.8031. Financial Assurance Mechanism |
| § 37.8041. State Assumption of Responsibility |
| § 37.8051. Submission of Documents |
| § 37.8061. Corporate Financial Test for Municipal Solid Waste Facilities |
| § 37.8071. Wording of Financial Assurance Mechanisms |
| SUBCHAPTER S. FINANCIAL ASSURANCE FOR ON SITE DISPOSAL OF RADIOACTIVE SUBSTANCES AND COMMERCIAL NORM DISPOSAL |
| § 37.9001. Applicability |
| § 37.9005. Definitions |
| § 37.9010. Submission of Documents |
| § 37.9015. Financial Assurance Requirements for Closure and Post Closure |
| § 37.9020. Financial Assurance Mechanisms |
| § 37.9025. Wording of Financial Assurance Mechanisms |
| SUBCHAPTER T. FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION |
| § 37.9030. Applicability |
| § 37.9035. Definitions |
| § 37.9040. Submission of Documents |
| § 37.9045. Financial Assurance Requirements for Closure, Post Closure, and Corrective Action |
| § 37.9050. Financial Assurance Mechanisms |
| § 37.9052. Endorsement |
| § 37.9059. Financial Assurance Requirements for Liability |
| SUBCHAPTER U. FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS |
| § 37.9060. Applicability |
| § 37.9065. Definitions |
| § 37.9070. Financial Assurance Requirements |
| § 37.9075. Financial Assurance Mechanisms |
| § 37.9080. Submission of Documents |
| § 37.9085. Incapacity of Owners or Operators Registered to Transport Medical Waste or of the Issuing Institution |
| SUBCHAPTER V. FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS |
| § 37.9090. Applicability |
| § 37.9095. Definitions |
| § 37.9100. Commercial Liability Insurance |
| § 37.9105. Environmental Impairment Insurance |
| § 37.9110. Submission of Documents |
| § 37.9115. Approval of Mechanisms |
| § 37.9120. Incapacity of Responsible Person or Insurance Company |
| § 37.9125. Transfer of Ownership or Operational Control |
| § 37.9130. Drawing on the Financial Assurance Mechanisms |
| § 37.9135. Continuous Financial Assurance Required |
| § 37.9140. Termination of Mechanisms |
| § 37.9145. Certificate of Insurance for Commercial Liability |
| § 37.9150. Endorsement for Commercial Liability |
| § 37.9155. Certificate of Insurance for Environmental Impairment |
| SUBCHAPTER W. FINANCIAL ASSURANCE FOR QUARRIES |
| § 37.9160. Applicability |
| § 37.9165. Definitions |
| § 37.9170. Financial Assurance Requirements for Reclamation and Restoration |
| § 37.9175. Financial Assurance Mechanisms for Reclamation |
| § 37.9180. Financial Assurance Requirements for Restoration |
| § 37.9185. Trust Fund Requirements |
| § 37.9190. Trust Agreement Wording |
| § 37.9195. Surety Bond Guaranteeing Payment Requirements |
| § 37.9200. Payment Bond Wording |
| § 37.9205. Irrevocable Standby Letter of Credit Requirements |
| § 37.9210. Irrevocable Standby Letter of Credit Wording |
| § 37.9215. Insurance Requirements |
| § 37.9220. Certificate of Insurance Wording |
| § 37.9225. Financial Test Requirements |
| § 37.9230. Financial Test Wording |
| § 37.9235. Corporate Guarantee Requirements |
| § 37.9240. Corporate Guarantee Wording |
| SUBCHAPTER X. FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS |
| § 37.9245. Applicability |
| § 37.9250. Definitions |
| § 37.9255. Submission of Documents |
| § 37.9260. Financial Assurance Requirements for Closure and Post Closure of Brine Evaporation Pits |
| § 37.9265. Third Party Pollution Liability Requirements for Brine Evaporation Pits |