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 37.6021 - Financial Assurance Requirements for Closure, Post Closure, and Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 - D of this chapter (relating to General Financial Assurance
				  Requirements; Financial Assurance Requirements for Closure, Post Closure, and
				  Corrective Action; and Wording of the Mechanisms for Closure, Post Closure, and
				  Corrective Action), §
										335.112 of
				  this title (relating to Standards), and §
										335.152 of
				  this title (relating to Standards).
(b) Owners or operators subject to this
				  subchapter may use any of the following mechanisms as specified in Subchapter C
				  of this chapter to demonstrate financial assurance for closure, post closure,
				  or corrective action:
(1) trust fund (fully
				  funded or pay-in trust), except that:
(A)
				  owners or operators of interim status hazardous waste facilities required to
				  provide evidence of financial assurance under §
												335.128 of
				  this title (relating to Financial Assurance) must make annual payments to fully
				  fund the trust fund by July 6, 2002 or must make annual payments into the trust
				  fund over the remaining operating life of the facility as estimated in the
				  closure plan, whichever period is shorter;
(B) owners or operators of permitted
				  hazardous waste facilities required to provide evidence of financial assurance
				  under §
												335.179 of
				  this title (relating to Financial Assurance), who previously operated under
				  interim status rules and choose to establish a trust fund after having used one
				  or more alternate mechanisms specified in this chapter, must make an initial
				  payment in at least the amount that the fund would contain if the trust fund
				  were established initially and annual payments made as specified in
				  subparagraph A of this paragraph; and
(C) owners or operators of 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) or §
												335.7
				  of this title (relating to Financial Assurance Required) using a pay-in trust
				  must use a pay-in period of the shorter of ten years or the remaining life of
				  the facility, unless the owner or operator satisfies the requirements of clause
				  (i) of this subparagraph.
(i) 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:
(I)
				  submit the completed certification on the form provided by the executive
				  director;
(II) submit the initial
				  certification with the initial trust payment; and
(III) submit subsequent certifications
				  annually with subsequent payments no later than 30 days after the anniversary
				  date of the initial payment.
(ii) The pay-in trust will revert to a fully
				  funded trust and the entire current closure or post closure cost estimate shall
				  be paid into the trust upon direction of the executive director if:
(I) the owner or operator fails to submit the
				  annual certification by the required time frame in clause (i) of this
				  subparagraph;
(II) the
				  certification is incomplete; or
(III) the certification is not submitted on
				  the form provided by the executive director.
(D) the executive director will respond in
				  writing within 60 days to requests for reimbursements made in accordance with
				  §
												37.201(j)
				  of this title (relating to Trust Fund);