Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter I - FINANCIAL ASSURANCE › Section 352.1101 - Financial Assurance Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This subchapter applies to owners and operators required to
				  perform post-closure care as set out in Subchapter J of this chapter (relating
				  to Closure and Post-Closure Care). Financial assurance shall be established and
				  maintained for the duration of the post-closure care period as prescribed in
				  § 352.1241 of this title (relating to Post-Closure Care
				  Requirements).
(b) Cost estimate.
				  The owner or operator shall prepare and include with the application for
				  registration, a written cost estimate in current dollars of the total cost of
				  the 30-year post-closure care period to perform post-closure care requirements
				  as prescribed in § 352.1241 of this title. The cost estimate shall be
				  based on the costs of hiring a third-party to conduct post-closure care
				  maintenance. The most recent of these cost estimates approved by the executive
				  director is termed as the post-closure care cost estimate.
(c) Mechanism. No more than 90 days after the
				  executive director's approval of the registration, a financial assurance
				  mechanism acceptable to the executive director must be submitted for the cost
				  of post-closure care in an amount no less than the amount specified in the
				  approved cost estimate. Financial assurance for post-closure care shall be
				  demonstrated in compliance with Chapter 37, Subchapters A - D of this title
				  (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 as indicated in § 352.1111 of this title (relating to
				  Exceptions).
(d) Post-closure care
				  financial assurance beyond the initial 30 years. Owners and operators unable to
				  make a demonstration for ending the post-closure care period in accordance with
				  § 352.1241 of this title, shall continue to maintain financial assurance
				  for the post-closure care period specified in § 352.1241 of this title. At
				  least 180 days before the end of the preceding post-closure care period, a
				  written cost estimate in current dollars shall be prepared and submitted for
				  the cost of continuing the post-closure care specified in the registration for
				  the additional period specified in § 352.1241 of this title. The cost
				  estimate shall be based on the cost of hiring a third-party to perform the
				  post-closure care. A financial assurance mechanism acceptable to the executive
				  director shall be submitted for the continued post-closure care period in an
				  amount approved by the executive director. Financial assurance for post-closure
				  care shall be demonstrated in compliance with Chapter 37, Subchapters A - D of
				  this title except as indicated in § 352.1111 of this title.
(e) Executive director executed post-closure
				  care. The executive director may use or direct the use of post-closure care
				  funds to perform post-closure care at a coal combustion residuals unit when the
				  executive director determines that a person has failed to perform the
				  post-closure care required under Subchapter J of this chapter.