reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter L - FINANCIAL ASSURANCE FOR USED OIL RECYCLING › Section 37.2011 - Financial Assurance Requirements for Used Oil Handlers

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of this subchapter, used
					 oil handlers who must demonstrate financial assurance for soil remediation must
					 do so in an amount as specified in §
										324.22(c)
					 or (d) of this title (relating to Financial
					 Responsibility Technical Requirements) and must comply with Subchapters A - D
					 of this chapter (relating to General Financial Assurance Requirements;
					 Financial Assurance Requirements for Closure, Post Closure, and Corrective
					 Action; Financial Assurance Mechanisms for Closure, Post Closure, and
					 Corrective Action; and Wording of the Mechanisms for Closure, Post Closure, and
					 Corrective Action).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter L - FINANCIAL ASSURANCE FOR USED OIL RECYCLING › Section 37.2013 - Financial Assurance Mechanisms for Used Oil Handlers

Current through Reg. 49, No. 28; July 12, 2024
A used oil handler subject to this subchapter may use any
					 of the financial assurance mechanisms as specified in Subchapter C of this
					 chapter (relating to Financial Assurance Mechanisms for Closure, Post Closure,
					 and Corrective Action) to demonstrate financial assurance for soil remediation
					 except a pay-in trust fund may not be used.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter L - FINANCIAL ASSURANCE FOR USED OIL RECYCLING › Section 37.2015 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required to provide financial
					 assurance must submit an originally signed financial assurance mechanism prior
					 to issuance of registration. The signed financial assurance mechanism must be
					 in effect at the time it is submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter L - FINANCIAL ASSURANCE FOR USED OIL RECYCLING › Section 37.2021 - Financial Assurance Requirements for Transporters of Used Oil

Current through Reg. 49, No. 28; July 12, 2024
A used oil transporter must show proof of insurance to the
					 commission in the forms and levels as prescribed by the Texas Department of
					 Transportation (Texas Civil Statutes, Articles 6675c, 6675c-1, 911m, and
					 6687-9a) or the U.S. Department of Transportation (49 USC §11506). The
					 document issued by the Texas Department of Transportation or the U.S.
					 Department of Transportation which shows the used oil transporter is currently
					 satisfying department requirements for transporting used oil will be an
					 acceptable form of demonstrating proof of insurance and should be submitted to
					 the commission. If a used oil transporter is not required to be registered as a
					 motor carrier with either of these agencies, then proof of insurance in the
					 form of an original signed certificate of insurance and in levels sufficient to
					 pay for bodily injury and property damage liability caused by the used oil must
					 be submitted to the commission directly by an insurance agent. In all cases,
					 the name of the used oil transporter must be identical to the party named on
					 the applicable insurance form.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter M - FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES › Section 37.3001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an owner or operator required to
					 provide financial assurance under Chapter 328, Subchapter F of this title
					 (relating to Management of Used or Scrap Tires). This subchapter does not apply
					 to state or federal governmental entities whose debts and liabilities are the
					 debts and liabilities of a state or the United States. This subchapter
					 establishes requirements and mechanisms for demonstrating financial assurance
					 for closure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter M - FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES › Section 37.3003 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in Subchapter A of this chapter (relating to General
					 Financial Assurance Requirements), as well as Chapter 328, Subchapter F of this
					 title (relating to Management of Used or Scrap Tires).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter M - FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES › Section 37.3011 - Financial Assurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of this subchapter, owners
					 or operators of a scrap tire site required to demonstrate financial assurance
					 for closure must comply with Subchapters A, B, C, and D of this chapter
					 (relating to General Financial Assurance Requirements; Financial Assurance
					 Requirements for Closure, Post Closure, and Corrective Action; Financial
					 Assurance Mechanisms for Closure, Post Closure, and Corrective Action; and
					 Wording of the Mechanisms for Closure, Post Closure, and Corrective
					 Action).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter M - FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES › Section 37.3021 - Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator subject to this subchapter may use any
					 of the financial assurance mechanisms as specified in Subchapter C of this
					 chapter (relating to Financial Assurance Mechanisms for Closure, Post Closure,
					 and Corrective Action) for demonstrating financial assurance for closure,
					 except:
(1) a pay-in trust fund may
				  not be used;
(2) in
				  §37.301(a), Section 10 shall be revised as follows: Section 10. Quarterly
				  Valuation. The trustee shall quarterly, within 15 days of quarter-end, furnish
				  to the Grantor and to the executive director a statement confirming the value
				  of the Trust. Quarter-ends are designated as March 31, June 30, September 30,
				  and December 31. Any securities in the Fund shall be valued at market value as
				  of quarter-end. The failure of the Grantor to object in writing to the Trustee
				  within 90 days after the statement has been furnished to the Grantor and the
				  executive director shall constitute a conclusively binding assent by the
				  Grantor barring the Grantor from asserting any claim or liability against the
				  Trustee with respect to matters disclosed in the statement;
(3) Section
				  37.161
				  of this title (relating to Establishment of a Standby Trust) does not apply to
				  an owner or operator who utilizes either a surety bond or irrevocable standby
				  letter of credit under this subchapter;
(4) an owner or operator who utilizes the
				  insurance mechanism as specified in §
										37.241 of
				  this title (relating to Insurance) shall replace the wording specified in
				  §
										37.241(b)
				  of this title to read as follows: At a minimum, the insurer must be licensed to
				  transact the business of insurance, or eligible to provide insurance as an
				  excess or surplus lines insurer, in Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter M - FINANCIAL ASSURANCE REQUIREMENTS FOR SCRAP TIRE SITES › Section 37.3031 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required to provide financial
					 assurance must submit an originally signed financial assurance mechanism prior
					 to issuance of registration. The signed financial assurance mechanism must be
					 in effect at the time it is submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter N - FINANCIAL ASSURANCE REQUIREMENTS FOR THE TEXAS RISK REDUCTION PROGRAM RULES › Section 37.4001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to persons
				  required to provide financial assurance under §
										350.33 of this
				  title (relating to Remedy Standard B) and §
										350.135
				  of this title (relating to Application Requirements).
(b) This subchapter establishes requirements
				  and mechanisms for demonstrating financial assurance for post response action
				  care under Remedy Standard B as specified in §
										37.4021
				  of this title (relating to Financial Assurance Requirements for Post Response
				  Action Care) and for corrective action at Facility Operations Areas as
				  specified in §
										37.4031
				  of this title (relating to Financial Assurance Requirements for Facility
				  Operations Areas). In addition to the requirements of this subchapter, persons
				  are also required to comply with Subchapters A, B, C, and D of this chapter
				  (relating to General Financial Assurance Requirements; Financial Assurance
				  Requirements for Closure, Post Closure, and Corrective Action; Financial
				  Assurance Mechanisms for Closure, Post Closure, and Corrective Action; and
				  Wording of the Mechanisms for Closure, Post Closure, and Corrective
				  Action).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter N - FINANCIAL ASSURANCE REQUIREMENTS FOR THE TEXAS RISK REDUCTION PROGRAM RULES › Section 37.4011 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in Subchapter A of this chapter (relating to General
					 Financial Assurance Requirements) and Chapter 350 of this title (relating to
					 Risk Reduction Program Rule), except where the following terms are used in this
					 subchapter, the following definitions shall apply.
(1) Post-response action care - This term
				  shall be used interchangeably with closure.
(2) Post-response action care estimate - The
				  most recent written cost estimate for post-response action care for an affected
				  property as required by §
										350.33(l) and
				  (m) of this title (relating to Remedy
				  Standard B) and approved by the executive director. For purposes of this
				  subchapter, it shall be mean the same as "current cost estimate."
(3) Response action plan - The same as
				  "closure plan."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter N - FINANCIAL ASSURANCE REQUIREMENTS FOR THE TEXAS RISK REDUCTION PROGRAM RULES › Section 37.4021 - Financial Assurance Requirements for Post-Response Action Care

Current through Reg. 49, No. 28; July 12, 2024
(a) The financial assurance provided shall be
				  in the amount specified in the most recent post response action care cost
				  estimate required by §350.33(l), (m), or (n), as applicable, of this title
				  (relating to Remedy Standard B).
(b) A person subject to this subchapter may
				  use any of the financial assurance mechanisms specified in Subchapter C of this
				  chapter (relating to Financial Assurance Mechanisms for Closure, Post Closure,
				  and Corrective Action) to demonstrate financial assurance for post response
				  action care, except that a pay-in trust fund may not be used and a standby
				  trust as specified in §
										37.161
				  of this title (relating to Establishment of a Standby Trust) is not
				  required.
(c) A person who is
				  required to provide financial assurance shall do so in accordance with §
										37.31 of
				  this title (relating to Submission of Documents), but must submit the financial
				  assurance within 90 days of the executive director's approval of the Response
				  Action Plan.
(d) A person required
				  to provide financial assurance is not subject to §
										37.131
				  of this title (relating to Annual Inflation Adjustments to Closure
				  Estimates).
(e) If an affected
				  property undergoing post response action care does not have an agency
				  registration or permit number, any references to the agency registration or
				  permit number in the wording of mechanisms specified in Subchapter D of this
				  chapter (relating to Wording of the Mechanisms for Closure, Post Closure, and
				  Corrective Action) may be replaced with any other applicable name or number
				  assigned by the agency to the subject property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter N - FINANCIAL ASSURANCE REQUIREMENTS FOR THE TEXAS RISK REDUCTION PROGRAM RULES › Section 37.4031 - Financial Assurance Requirements for Facility Operations Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is subject to this
				  subchapter may use any of the financial assurance mechanisms specified in
				  Subchapter C of this chapter (relating to Financial Assurance Mechanisms for
				  Closure) to demonstrate financial assurance for corrective action at a facility
				  operations area, except that a pay-in trust fund may not be used.
(b) A person required to provide financial
				  assurance shall submit it in accordance with §
										37.31 of
				  this title (relating to Submission of Documents), but must do so within 60 days
				  after the effective date of the permit or commission corrective action order
				  authorizing the facility operations area.
(c) If a facility operations area does not
				  have an agency registration or permit number, any references to the
				  registration or permit number in the wording of mechanisms specified in
				  Subchapter D of this chapter (relating to Wording of the Mechanisms for
				  Closure) may be replaced with any other applicable name or number assigned by
				  the agency to the subject property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter O - FINANCIAL ASSURANCE FOR PUBLIC DRINKING WATER SYSTEMS › Section 37.5001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to public water systems required to
					 provide evidence of financial assurance under Chapter 290 of this title
					 (relating to Public Drinking Water).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter O - FINANCIAL ASSURANCE FOR PUBLIC DRINKING WATER SYSTEMS › Section 37.5002 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For definitions of words and terms and other definitions
					 not found in Subchapter A of this chapter (relating to General Financial
					 Assurance Requirements) see §
										290.38 of
					 this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter O - FINANCIAL ASSURANCE FOR PUBLIC DRINKING WATER SYSTEMS › Section 37.5011 - Financial Assurance for a Public Water System

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial assurance demonstrations shall
				  comply with the wordings of the mechanisms as described in Subchapter A of this
				  chapter (relating to General Financial Assurance Requirements), Subchapter B of
				  this chapter (relating to Financial Assurance Requirements for Closure, Post
				  Closure, and Corrective Action), Subchapter C of this chapter (relating to
				  Financial Assurance Mechanisms for Closure, Post Closure, and Corrective
				  Action), and Subchapter D of this chapter (relating to Wording of the
				  Mechanisms for Closure, Post Closure, and Corrective Action), except operation
				  should be substituted for closure.
(b) The prospective owner or operator of a
				  public water system may be ordered to provide adequate financial assurance to
				  operate the system as specified in §
										290.39(f)
				  of this title (relating to General Provisions). A public water system that was
				  constructed without approval or has a history of noncompliance or is subject to
				  commission enforcement action as specified in §
										290.39(n)
				  of this title, may be required to provide financial assurance to operate the
				  system in accordance with applicable laws and rules.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter P - FINANCIAL ASSURANCE FOR HAZARDOUS AND NONHAZARDOUS INDUSTRIAL SOLID WASTE FACILITIES › Section 37.6001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to owners and
				  operators of interim status hazardous waste facilities required to provide
				  financial assurance under §
										335.128 of
				  this title (relating to Financial Assurance); owners or operators of hazardous
				  waste facilities required to provide financial assurance under §
										335.179 of
				  this title (relating to Financial Assurance); owners or operators of industrial
				  solid waste or municipal hazardous waste facilities required to provide
				  financial assurance under §
										335.7
				  of this title (relating to Financial Assurance Required); owners and operators
				  of commercial nonhazardous industrial solid waste facilities required to
				  provide financial assurance under Chapter 335, Subchapter T of this title
				  (relating to Permitting Standards for Owners and Operators of Commercial
				  Industrial Nonhazardous Waste Landfill Facilities); and owners or operators
				  required to provide financial assurance for corrective action under §
										335.167
				  of this title (relating to Corrective Action for Solid Waste Management
				  Units).
(b) This subchapter does
				  not apply to owners or operators which are state or federal government entities
				  whose debts and liabilities are the debts and liabilities of a state or the
				  United States.
(c) This subchapter
				  establishes requirements and mechanisms for demonstrating financial assurance
				  for closure, post closure, or corrective action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter P - FINANCIAL ASSURANCE FOR HAZARDOUS AND NONHAZARDOUS INDUSTRIAL SOLID WASTE FACILITIES › Section 37.6011 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in Subchapter A of this chapter (relating to General
					 Financial Assurance Requirements) and Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter P - FINANCIAL ASSURANCE FOR HAZARDOUS AND NONHAZARDOUS INDUSTRIAL SOLID WASTE FACILITIES › Section 37.6031 - Financial Assurance Requirements for Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators required to
				  demonstrate for liability must comply with Subchapters A, E, F, and G of this
				  chapter (relating to General Financial Assurance Requirements; Financial
				  Assurance Requirements for Liability Coverage; Financial Assurance Mechanisms
				  for Liability; and Wording of the Mechanisms for Liability).
(b) An owner or operator of a hazardous waste
				  treatment, storage, or disposal facility, subject to this section must
				  demonstrate financial assurance for bodily injury and property damage to third
				  parties caused by sudden accidental occurrences arising from operations of the
				  facility or group of facilities. The owner or operator must have and maintain
				  liability coverage for sudden accidental occurrences in the amount of at least
				  $1 million per occurrence with an annual aggregate of at least $2 million,
				  exclusive of legal defense costs.
(c) An owner or operator of a hazardous waste
				  surface impoundment, landfill, land treatment facility, or disposal
				  miscellaneous unit used to manage hazardous waste subject to this section must
				  demonstrate financial assurance for bodily injury and property damage to third
				  parties caused by nonsudden accidental occurrences arising from operations of
				  the facility or group of facilities. An owner or operator must have and
				  maintain liability coverage for nonsudden accidental occurrences in the amount
				  of at least $3 million per occurrence with an annual aggregate of at least $6
				  million, exclusive of legal defense costs.
(d) Owners or operators who must meet the
				  requirements of this section may combine the required per-occurrence coverage
				  levels for sudden and nonsudden accidental occurrences into a single per-
				  occurrence level, and combine the required annual aggregate coverage levels for
				  sudden and nonsudden accidental occurrences into a single annual aggregate
				  level. Owners or operators who combine coverage levels for sudden and nonsudden
				  accidental occurrences must maintain liability coverage in the amount of at
				  least $4 million per occurrence and $8 million annual aggregate.
(e) Owners or operators subject to this
				  subchapter may use any of the mechanisms specified in Subchapter F of this
				  chapter to demonstrate financial assurance for sudden and for nonsudden
				  liability.
(f) Owners or operators
				  required to provide liability coverage may not use a claims-made insurance
				  policy as security unless the applicant places in escrow, as provided by the
				  executive director, an amount sufficient to pay an additional year of premiums
				  for renewal of the policy by the state on notice of termination of
				  coverage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter P - FINANCIAL ASSURANCE FOR HAZARDOUS AND NONHAZARDOUS INDUSTRIAL SOLID WASTE FACILITIES › Section 37.6041 - State Assumption of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) If the State of Texas either assumes
				  legal responsibility for an owner's or operator's compliance with the closure,
				  post closure, corrective action, or liability requirements of this chapter, or
				  assures that funds will be available from state sources to cover those
				  requirements, the owner or operator will be in compliance with the requirements
				  of this chapter if the executive director determines that the state's
				  assumption of responsibility is at least equivalent to the financial mechanisms
				  specified in this chapter. The executive director will evaluate the equivalency
				  of state guarantees principally in terms of certainty of the availability of
				  funds for the required closure, post closure, or corrective action activities,
				  or liability coverage; and the amount of funds that will be made available. The
				  executive director may also consider other factors as the executive director
				  deems appropriate. The owner or operator must submit to the executive director
				  a letter from the State of Texas describing the nature of the state's
				  assumption of responsibility together with a letter from the owner or operator
				  requesting that the state's assumption of responsibility be considered
				  acceptable for meeting the requirements of this chapter. The letter from the
				  state must include, or have attached to it, the following information: the
				  facility's permit number, name, physical and mailing addresses, and the amount
				  of funds for closure, post closure, or corrective action or liability coverage
				  that are guaranteed by the state. The executive director will notify the owner
				  or operator of the determination regarding the acceptability of the state's
				  guarantee in lieu of financial mechanisms specified in this chapter. The
				  executive director may require the owner or operator to submit additional
				  information as is deemed necessary to make this determination. Upon approval by
				  the executive director, the owner or operator will be deemed to be in
				  compliance with the requirements of this chapter.
(b) If the State of Texas' assumption of
				  responsibility is found acceptable as specified in subsection (a) of this
				  section except for the amount of funds available, the owner or operator may
				  satisfy the requirements of this chapter by use of both the state's assurance
				  and additional financial mechanisms as specified in this chapter. The amount of
				  funds available through the state and the owner or operator's mechanisms must
				  at least equal the required amount.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an owner or operator required to
					 provide financial assurance under Chapter 331 of this title (relating to
					 Underground Injection Control). This subchapter establishes requirements for
					 demonstrating financial assurance for plugging and abandonment, post closure,
					 and liability.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7011 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in Subchapter A of this chapter (relating to General
					 Financial Assurance Requirements) and Chapter 331 of this title (relating to
					 Underground Injection Control), except the term "plugging and abandonment"
					 shall mean the same as "closure."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7021 - Financial Assurance Requirements for Plugging and Abandonment

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator subject to this
				  subchapter shall establish financial assurance for the plugging and abandonment
				  of each existing and new Class I well, Class III well, Class I salt cavern
				  disposal well and associated salt cavern, or as otherwise directed by the
				  executive director, in a manner that meets the requirements of this section, in
				  addition to the requirements specified under Subchapters A - D of this chapter
				  (relating to General Financial Assurance Requirements; Financial Assurance
				  Requirements for Closure, Post Closure, and Corrective Action; Financial
				  Assurance Mechanisms for Closure, Post Closure, and Corrective Action; and
				  Wording of the Mechanisms for Closure, Post Closure, and Corrective Action) and
				  §
										331.143
				  of this title (relating to Cost Estimate for Plugging and
				  Abandonment).
(b) An owner or
				  operator subject to this subchapter may use any of the following mechanisms as
				  specified in Subchapter C of this chapter to demonstrate financial assurance
				  for plugging and abandonment:
(1) trust fund
				  (fully funded or pay-in trust), except that the executive director will respond
				  in writing within 60 days to requests for reimbursement made in accordance with
				  §
											37.201(j)
				  of this title (relating to Trust Fund);
(2) surety bond guaranteeing
				  payment;
(3) surety bond
				  guaranteeing performance;
(4)
				  irrevocable standby letter of credit;
(5) insurance;
(6) financial test; or
(7) corporate guarantee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7031 - Financial Assurance Requirements for Post Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator subject to this
				  subchapter may be required to establish financial assurance for post closure of
				  each existing and new Class I hazardous well and each existing and new Class I
				  salt cavern disposal well and associated salt cavern, in a manner that meets
				  the requirements of this section, in addition to the requirements specified
				  under Subchapters A, B, C, and D of this chapter (relating to General Financial
				  Assurance Requirements; Financial Assurance Requirements for Closure, Post
				  Closure, and Corrective Action; Financial Assurance Mechanisms for Closure,
				  Post Closure, and Corrective Action; and Wording of the Mechanisms for Closure,
				  Post Closure, and Corrective Action), §
										331.68 of this
				  title (relating to Post-Closure Care), and §
										331.171 of this
				  title (relating to Post-Closure Care).
(b) An owner or operator required to provide
				  financial assurance for post closure may use any of the mechanisms specified in
				  Subchapter C of this chapter to demonstrate financial assurance for post
				  closure, except the Local Government Financial Test and Local Government
				  Guarantee.
(c) Owners or operators
				  shall comply with §
										37.31 of
				  this title (relating to Submission of Documents), except that evidence of
				  financial assurance for post closure shall be submitted at least 60 days prior
				  to commencement of drilling operations for new wells and for salt cavern
				  disposal wells. All financial assurance mechanisms shall be in effect before
				  commencement of drilling operations. For converted wells and other previously
				  constructed wells, financial assurance for post closure shall be provided at
				  least 30 days prior to permit issuance and shall be in effect upon permit
				  issuance.
(d) Owners or operators
				  shall comply with §
										37.131
				  of this title (relating to Annual Inflation Adjustments to Current Cost
				  Estimates), except that adjustments must be made by using an inflation factor
				  derived from the most recent annual Implicit Price Deflator for Gross National
				  Product published by the United States Department of Commerce in its Survey of
				  Current Business.
(e) Owners or
				  operators using a financial test or corporate guarantee must comply with §
										37.141
				  of this title (relating to Increase in Current Cost Estimate) except that
				  mechanism increases must be made within 90 days after the close of each
				  succeeding fiscal year.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7041 - Financial Assurance Requirements for Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator of hazardous waste
				  injection wells subject to this subchapter shall be required to establish and
				  maintain liability coverage for sudden and nonsudden bodily injury and property
				  damage to third parties caused by accidental occurrences arising from
				  operations of the facility that meets the requirements of this section, in
				  addition to the requirements specified under Subchapters A and E - G of this
				  chapter (relating to General Financial Assurance Requirements; Financial
				  Assurance Requirements for Liability Coverage; Financial Assurance Mechanisms
				  for Liability; and Wording of the Mechanisms for Liability), §
										305.154(a)(11)
				  of this title (relating to Standards), and §
										331.142 of
				  this title (relating to Financial Responsibility).
(1) An owner or operator required to
				  establish and maintain liability coverage for sudden accidental occurrences
				  must do so in the amount of at least $1 million per occurrence with an annual
				  aggregate of at least $2 million, exclusive of legal defense costs.
(2) An owner or operator required to
				  establish and maintain liability coverage for nonsudden accidental occurrences
				  must do so in the amount of at least $3 million per occurrence with an annual
				  aggregate of at least $6 million, exclusive of legal defense costs.
(3) Owners or operators who combine coverage
				  levels for sudden and nonsudden accidental occurrences must maintain liability
				  coverage in the amount of at least $4 million per occurrence and $8 million
				  annual aggregate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter Q - FINANCIAL ASSURANCE FOR UNDERGROUND INJECTION CONTROL WELLS › Section 37.7051 - State Assumption of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) If the State of Texas either assumes
				  legal responsibility for an owner's or operator's compliance with plugging and
				  abandonment, post closure, or liability requirements of this chapter or assures
				  that funds will be available from state sources to cover the requirements, the
				  owner or operator will be in compliance with the requirements of this chapter
				  if the executive director determines that the state's assumption of
				  responsibility is at least equivalent to the mechanisms specified in this
				  chapter. The executive director will evaluate the equivalency of state
				  guarantees principally in terms of certainty of the availability of funds for
				  the required plugging and abandonment, post closure, or liability coverage; and
				  the amount of funds that will be made available. The executive director may
				  also consider other factors. The owner or operator must submit to the executive
				  director a letter from the State of Texas describing the nature of the state's
				  assumption of responsibility together with a letter from the owner or operator
				  requesting that the state's assumption of responsibility be considered
				  acceptable for meeting the requirements of this chapter. The letter from the
				  state must include, or have attached to it, the following information: the
				  facility's permit number, name, physical and mailing addresses, and the amount
				  of funds for plugging and abandonment, post closure, or liability coverage that
				  are guaranteed by the state. The executive director will notify the owner or
				  operator of the determination regarding the acceptability of the state's
				  guarantee in lieu of the mechanisms specified in this chapter. The executive
				  director may require the owner or operator to submit additional information as
				  is deemed necessary to make this determination. Upon approval by the executive
				  director, the owner or operator will be deemed to be in compliance with the
				  requirements of this chapter.
(b)
				  If the State of Texas' assumption of responsibility is found acceptable as
				  specified in subsection (a) of this section except for the amount of funds
				  available, the owner or operator may satisfy the requirements of this chapter
				  by use of both the state's assurance and additional financial mechanisms as
				  specified in this chapter. The amount of funds available through the state and
				  owner or operator's mechanisms must at least equal the required
				  amount.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an owner or operator required to
					 provide financial assurance under Chapter 330 of this title (relating to
					 Municipal Solid Waste). This subchapter does not apply to state or federal
					 governmental entities whose debts and liabilities are the debts and liabilities
					 of a state or the United States. This subchapter establishes requirements and
					 mechanisms for demonstrating financial assurance for closure, post closure, and
					 corrective action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8011 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in this section, in Subchapter A of this chapter
					 (relating to General Financial Assurance Requirements), as well as Chapter 330
					 of this title (relating to Municipal Solid Waste).
(1) Local government--A city, town, county,
				  district, association, or other public body (including an intermunicipal agency
				  of two or more of these listed entities) created by or under state law; an
				  Indian tribe or an authorized Indian tribal organization having jurisdiction
				  over solid waste management; a local government corporation created under Texas
				  Transportation Code, Chapter 431, to act on behalf of a local government; or a
				  conservation and reclamation district created under Texas Constitution, Article
				  XVI, §59. This definition includes a special district created under state
				  law.
(2) Bonds--Financial
				  obligations issued by a local government, including general obligation bonds,
				  revenue bonds, and certificates of obligation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8021 - Financial Assurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of this subchapter, owners
					 or operators required to demonstrate for closure, post closure, or corrective
					 action must comply with Subchapters A, B, C, and D of this chapter (relating to
					 General Financial Assurance Requirements; Financial Assurance Requirements for
					 Closure, Post Closure, and Corrective Action; Financial Assurance Mechanisms
					 for Closure, Post Closure, and Corrective Action; and Wording of the Mechanisms
					 for Closure, Post Closure, and Corrective Action), except that §
										37.131
					 of this title (relating to Annual Inflation Adjustments to Current Cost
					 Estimates) shall be modified to mean annual inflation adjustments are required
					 during the active life of the facility and during the post closure care
					 period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8031 - Financial Assurance Mechanism

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner or operator subject to this subchapter may use any of the financial
				  assurance mechanisms in Subchapter C of this chapter (relating to Financial
				  Assurance Mechanisms for Closure, Post Closure, and Corrective Action), to
				  provide financial assurance, except as specified in this section. The
				  mechanisms must ensure that the funds necessary to meet the costs of closure,
				  post closure, or corrective action shall be available when requested by the
				  executive director.
(b) An owner or
				  operator may use a fully funded trust, pay-in trust, or standby trust as
				  provided in §
										37.201 of
				  this title (relating to Trust Fund), except the pay-in period is ten years or
				  over the remaining life of the municipal solid waste facility, whichever is
				  shorter, unless the owner or operator satisfies the requirements of paragraph
				  (1) of this subsection.
(1) If a pay-in
				  period in excess of ten years is used, the owner or operator shall submit, on
				  an annual basis, certification from an independent registered professional
				  engineer that there is adequate financial assurance for closure or post
				  closure. The owner or operator must:
(A)
				  submit the completed certification on the form provided by the executive
				  director; and
(B) submit the
				  initial certification with the initial trust payment with subsequent annual
				  certifications to be submitted with the subsequent payments which are due no
				  later than 30 days after the anniversary date of the initial payment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8041 - State Assumption of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
If the executive director either assumes legal
					 responsibility for an owner's or operator's compliance with the closure, post
					 closure, or corrective action requirements of this chapter, or assures that the
					 funds shall be available from state sources to cover the requirements, the
					 owner or operator shall be in compliance with the requirements of this section.
					 The language of the mechanisms for any state assumption of responsibility shall
					 ensure:
(1) the amount of funds
				  assured is sufficient to cover the costs of closure, post closure, and
				  corrective action for known releases when needed;
(2) the funds shall be available
				  immediately;
(3) the financial
				  assurance mechanisms shall be obtained by the owner or operator at least 60
				  days prior to the initial receipt of solid waste in the case of closure and
				  post closure, and no later than 120 days after the corrective action remedy has
				  been selected in accordance with the requirements of the corrective action
				  plan, until the owner or operator is released from the financial assurance
				  requirements under §§
										330.281,
				  330.282,
				  330.283,
				  or 330.284 of this title (relating to Closure for Landfills; Closure for
				  Process Facilities; Post Closure Care for Landfills; or Corrective Action for
				  Landfills); and
(4) the financial
				  assurance mechanisms shall be legally valid, binding, and enforceable under
				  state and federal law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8051 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator may satisfy the requirements as
					 provided in §
										37.31 of
					 this title (relating to Submission of Documents), except the owner or operator
					 required by this chapter to provide financial assurance for corrective action
					 must submit an originally signed financial assurance mechanism no later than
					 120 days after the corrective action remedy has been selected. The signed
					 financial assurance mechanism must be in effect when
					 submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8061 - Corporate Financial Test for Municipal Solid Waste Facilities

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator may satisfy the requirements of
					 financial assurance for closure, post closure, or corrective action by
					 obtaining a corporate financial test or a corporate financial test and
					 corporate guarantee, which conforms to the requirements of this section, in
					 addition to the requirements specified in Subchapters A and B of this chapter
					 (relating to General Financial Assurance Requirements and Financial Assurance
					 Requirements for Closure, Post Closure, and Corrective Action).
(1) To pass this test, the owner or operator
				  must satisfy one of the following three conditions:
(A) the owner or operator must have a current
				  bond rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by
				  Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;
(B) a ratio of total liabilities to net worth
				  less than 1.5; or
(C) a ratio of
				  the sum of net income plus depreciation, depletion, and amortization, minus $10
				  million, to total liabilities greater than 0.10.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter R - FINANCIAL ASSURANCE FOR MUNICIPAL SOLID WASTE FACILITIES › Section 37.8071 - Wording of Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
A letter from the chief financial officer for closure, post
					 closure, or corrective action, as specified in §
										37.8061
					 of this title (relating to Corporate Financial Test for Municipal Solid Waste
					 Facilities) must be worded as specified in the Corporate Financial Test in this
					 section, except that the instructions in parenthesis are to be replaced with
					 the relevant information and the parenthesis deleted.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter S - FINANCIAL ASSURANCE FOR ON SITE DISPOSAL OF RADIOACTIVE SUBSTANCES AND COMMERCIAL NORM DISPOSAL › Section 37.9001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an owner or operator, including
					 a state or federal government owner or operator, required to provide evidence
					 of financial assurance under Chapter 336, Subchapter F or K of this title
					 (relating to Licensing of Alternative Methods of Disposal of Radioactive
					 Material; Commercial Disposal of Naturally Occurring Radioactive Material Waste
					 From Public Water Systems, respectively). This subchapter establishes
					 requirements and mechanisms for demonstrating financial assurance for closure
					 and post closure.