reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter G - WORDING OF THE MECHANISMS FOR LIABILITY › Section 37.661 - Corporate Guarantee for Liability

Current through Reg. 49, No. 28; July 12, 2024
A corporate guarantee for liability as specified in §
										37.551
					 of this title (relating to Corporate Guarantee for Liability) must be worded as
					 specified in the Corporate Guarantee for Liability in this section, except that
					 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 G - WORDING OF THE MECHANISMS FOR LIABILITY › Section 37.671 - Standby Trust Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A standby trust
				  agreement for liability, as specified in §
										37.521
				  of this title (relating to Irrevocable Standby Letter of Credit for Liability),
				  must be worded as specified in the Standby Trust Agreement in this subsection,
				  except that the instructions in parenthesis are to be replaced with the
				  relevant information and the parenthesis deleted.
Attached
					 Graphic
(b) A
				  certification of acknowledgment must be worded as specified in the
				  Certification of Acknowledgment in this subsection and must accompany the trust
				  agreement for a standby trust fund as specified in this chapter.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.801 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to an owner and
				  operator of a petroleum underground storage tank (UST) system required to
				  provide financial assurance under Chapter 334 of this title (relating to
				  Underground and Aboveground Storage Tanks). This subchapter establishes
				  requirements and mechanisms for demonstrating financial assurance for
				  corrective action and third party liability.
(b) State and federal governmental entities
				  whose debts and liabilities are the debts and liabilities of a state or the
				  United States are exempt from the requirements of this subchapter.
(c) If the owner and operator of a petroleum
				  UST are separate persons, only one person is required to demonstrate financial
				  assurance; however, both parties are liable in the event of
				  noncompliance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.802 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
General agency terms are defined in Chapter 3 of this title
					 (relating to Definitions). Definitions for financial assurance terms that
					 appear throughout this subchapter may alternatively be found in §
										37.11 of
					 this title (relating to Definitions) or in §
										37.402 of
					 this title (relating to Definitions). Petroleum UST specific terms may be found
					 in Chapter 334, Subchapter A, §
										334.2 of
					 this title (relating to Definitions). When used in this subchapter, the
					 following terms shall have the meanings given below, unless otherwise
					 specified.
(1) Accidental release--Any
				  sudden or nonsudden release of petroleum from an UST that results in a need for
				  corrective action and/or compensation for bodily injury or property damage
				  neither expected nor intended by the tank owner or operator.
(2) Bodily injury--The meaning given to this
				  term by applicable state law; however, this term shall not include those
				  liabilities which, consistent with standard insurance industry practices, are
				  excluded from coverage in liability insurance policies for bodily
				  injury.
(3) Chief financial
				  officer--In the case of local government owners and operators, the individual
				  with the overall authority and responsibility for the collection, disbursement,
				  and use of funds by the local government.
(4) Controlling interest--Direct ownership of
				  at least 50% of the voting stock of another entity.
(5) Financial reporting year--The latest
				  consecutive twelve-month period for which any of the following reports used to
				  support a financial test is prepared:
(A) a
				  10-K report submitted to the United States Securities and Exchange
				  Commission;
(B) an annual report of
				  tangible net worth submitted to Dun and Bradstreet; or
(C) annual reports submitted to the Energy
				  Information Administration or the Rural Electrification Administration.
				  Financial reporting year may thus comprise a fiscal or calendar year
				  period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.815 - Amount and Scope of Required Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators of petroleum
				  underground storage tanks (USTs) must demonstrate financial assurance for
				  taking corrective action and for compensating third parties for bodily injury
				  and property damage caused by accidental releases arising from the operation of
				  petroleum USTs in at least the following per-occurrence amounts:
(1) for owners or operators of petroleum USTs
				  that are located at petroleum marketing facilities, or that handle an average
				  of more than 10,000 gallons of petroleum per month based on annual throughput
				  for the previous calendar year, $1 million; or
(2) for all other owners or operators of
				  petroleum USTs; $500,000.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.820 - Allowable Mechanisms and Combinations of Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the limitations of subsections
				  (b) and (c) of this section:
(1) an owner or
				  operator, including a local government owner or operator, may use any one or
				  combination of the mechanisms listed in §
											37.825
				  of this title (relating to Financial Test of Self-Insurance), §
											37.830 of
				  this title (relating to Guarantee), §
											37.835
				  of this title (relating to Insurance and Risk Retention Group Coverage), §
											37.840 of
				  this title (relating to Surety Bond), §
											37.845 of this
				  title (relating to Letter of Credit), §
											37.850 of
				  this title (relating to Trust Fund), and §
											37.855 of this
				  title (relating to Standby Trust Fund) to demonstrate financial assurance under
				  this subchapter for one or more underground storage tank (UST) systems;
				  and
(2) A local government owner or
				  operator may use any one or a combination of the mechanisms listed in 40 Code
				  of Federal Regulations §§280.104-280.107 (relating to Local
				  Government Bond Rating Test, Local Government Financial Test, Local Government
				  Guarantee, Local Government Fund, respectively) to demonstrate financial
				  assurance under this subchapter for one or more USTs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.825 - Financial Test of Self-Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner, operator, and/or guarantor, may satisfy the requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial Assurance) by
				  passing a financial test as specified in this section. To pass the financial
				  test of self-insurance, the owner, operator, and/or guarantor must meet the
				  criteria of subsections (b) or (c) of this section based on year-end financial
				  statements for the latest completed fiscal year.
(b) The owner, operator, and/or guarantor
				  must meet the requirements of this subsection referred to as Alternative 1. The
				  owner, operator, and/or guarantor must:
(1)
				  have a tangible net worth of at least ten times:
(A) the total of the applicable aggregate
				  amount required by §
												37.815
				  of this title based on the number of underground storage tanks for which a
				  financial test is used to demonstrate financial assurance to the agency under
				  this section;
(B) the sum of the
				  corrective action cost estimates, the current closure and post-closure care
				  cost estimates, and amount of liability coverage for which a financial test is
				  used to demonstrate financial assurance to the agency under Chapter 335 of this
				  title (relating to Industrial Solid Waste and Municipal Hazardous Waste), 40
				  Code of Federal Regulations (CFR) Parts 264, 265, or state
				  equivalent;
(C) the sum of current
				  plugging and abandonment cost estimates for which a financial test is used to
				  demonstrate financial assurance to the agency under Chapter 331 of this title
				  (relating to Underground Injection Control), 40 CFR Part 144 or state
				  equivalent;
(D) the sum of
				  municipal solid waste cost estimates for which a financial test is used to
				  demonstrate financial assurance to the agency under Chapter 330 (relating to
				  Municipal Solid Waste), 40 CFR Part 258 or state equivalent;
(E) the sum of current polychlorinated
				  biphenyl (PCB) cost estimates for which a financial test is used to demonstrate
				  financial assurance to the EPA under 40 CFR Part 761; and
(F) the sum of additional financial assurance
				  obligations not identified in subparagraphs (A) - (E) of this paragraph and for
				  which a financial test or other form of self-insurance is used to meet
				  financial assurance obligations under the commission or other federal or state
				  environmental regulations;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.830 - Guarantee

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may satisfy the
				  requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Responsibility) by obtaining a guarantee that conforms to the requirements of
				  this section. The guarantor must be:
(1) a
				  firm that:
(A) possesses a controlling
				  interest in the owner or operator;
(B) possesses a controlling interest in a
				  firm described under subparagraph (A) of this paragraph; or
(C) is controlled through stock ownership by
				  a common parent firm that possesses a controlling interest in the owner or
				  operator; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.835 - Insurance and Risk Retention Group Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may satisfy the
				  requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Responsibility) by obtaining liability insurance that conforms to the
				  requirements of this section from a qualified insurer or risk retention group.
				  This insurance may be in the form of a separate insurance policy or an
				  endorsement to an existing insurance policy.
(b) Each insurance policy must be amended by
				  an endorsement as specified in paragraph (1) of this subsection or evidenced by
				  a certificate of insurance as specified in paragraph (2) of this subsection,
				  except that instructions in parentheses must be replaced with the relevant
				  information and the parentheses deleted.
(1)
				  Endorsement.
Attached
					 Graphic
(2)
				  Certificate of Insurance.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.840 - Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may satisfy the requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Responsibility) by obtaining a surety bond that conforms to the requirements of
				  this section. The surety company issuing the bond must be among those listed as
				  acceptable sureties on federal bonds in the latest Circular 570 of the United
				  States Department of the Treasury.
(b) The surety bond must be worded as
				  follows, except that instructions in parentheses must be replaced with the
				  relevant information and the parentheses deleted.
Attached
					 Graphic
(c)
				  Under the terms of the bond, the surety will become liable on the bond
				  obligation when the owner or operator fails to perform as guaranteed by the
				  bond. In all cases, the surety's liability is limited to the per-occurrence and
				  annual aggregate penal sums.
(d)
				  The owner or operator who uses a surety bond to satisfy the requirements of
				  §
										37.815
				  of this title must establish a standby trust fund when the surety bond is
				  acquired. Under the terms of the bond, all amounts paid by the surety under the
				  bond will be deposited directly into the standby trust fund in accordance with
				  instructions from the executive director under §
										37.880
				  of this title (relating to Drawing on Financial Assurance Mechanisms). This
				  standby trust fund must meet the requirements specified in §
										37.855 of this
				  title (relating to Standby Trust Fund).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.845 - Letter of Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may satisfy the requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Responsibility) by obtaining an irrevocable standby letter of credit that
				  conforms to the requirements of this section. The issuing institution must be
				  an entity that has the authority to issue letters of credit in Texas and whose
				  letter of credit operations are regulated and examined by a federal or state
				  agency.
(b) The letter of credit
				  must be worded as follows, except that instructions in parentheses are to be
				  replaced with the relevant information and the parentheses deleted.
Attached
					 Graphic
(c) An
				  owner or operator who uses a letter of credit to satisfy the requirements of
				  §
										37.815
				  of this title must also establish a standby trust fund when the letter of
				  credit is acquired. Under the terms of the letter of credit, all amounts paid
				  under a draft by the executive director will be deposited by the issuing
				  institution directly into the standby trust fund in accordance with
				  instructions from the executive director under §
										37.880
				  of this title (relating to Drawing on Financial Assurance Mechanisms). This
				  standby trust fund must meet the requirements specified in §
										37.855 of this
				  title (relating to Standby Trust Fund).
(d) The letter of credit must be irrevocable
				  with a term specified by the issuing institution. The letter of credit must
				  provide that credit be automatically renewed for the same term as the original
				  term, unless, at least 120 days before the current expiration date, the issuing
				  institution notifies the owner or operator by certified mail of its decision
				  not to renew the letter of credit. Under the terms of the letter of credit, the
				  120 days will begin on the date when the owner or operator receives the notice,
				  as evidenced by the return receipt.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.850 - Trust Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may satisfy the requirements of §
										37.815
				  of this title (relating to Amount and Scope of Required Financial Assurance) by
				  establishing a trust fund that conforms to the requirements of this section.
				  The trustee must be an entity that has the authority to act as a trustee and
				  whose trust operations are regulated and examined by a federal agency or an
				  agency of the State of Texas.
(b)
				  The wording of the trust agreement must be identical to the wording specified
				  in §
										37.855(b)
				  of this title (relating to Standby Trust Fund), and must be accompanied by a
				  formal certification of acknowledgment as specified in §
										37.855(c)
				  of this title.
(c) The trust fund,
				  when established, must be funded for the full required amount of coverage, or
				  funded for part of the required amount of coverage and used in combination with
				  other mechanism(s) that provide the remaining required coverage.
(d) If the value of the trust fund is greater
				  than the required amount of coverage, the owner or operator may submit a
				  written request to the executive director for release of the excess.
(e) If other financial assurance as specified
				  in this subchapter is substituted for all or part of the trust fund, the owner
				  or operator may submit a written request to the executive director for release
				  of the excess.
(f) Within 60 days
				  after receiving a request from the owner or operator for release of funds as
				  specified in subsections (d) or (e) of this section, the executive director
				  will instruct the trustee to release to the owner or operator such funds as the
				  executive director specifies in writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.855 - Standby Trust Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator using any one of the mechanisms authorized by §
										37.830 of
				  this title (relating to Guarantee), §
										37.840 of
				  this title (relating to Surety Bond), or §
										37.845 of this
				  title (relating to Letter of Credit) must establish a standby trust fund when
				  the mechanism is acquired. The trustee of the standby trust fund must be an
				  entity that has the authority to act as a trustee and whose trust operations
				  are regulated and examined by a federal agency or an agency of the State of
				  Texas.
(b) The standby trust
				  agreement or trust agreement must be worded as follows, except the instructions
				  in parentheses are to be replaced with the relevant information and the
				  parentheses deleted.
Attached
					 Graphic
(c) The
				  standby trust agreement or trust agreement must be accompanied by a formal
				  certification of acknowledgment similar to the following:
Attached
					 Graphic
(d) The
				  executive director will instruct the trustee to refund the balance of the
				  standby trust fund to the provider of financial assurance if the executive
				  director determines that no additional corrective action costs or third-party
				  liability claims will occur as a result of a release covered by the financial
				  assurance mechanism for which the standby trust fund was established.
(e) An owner or operator may establish one
				  trust fund as the depository mechanism for all funds assured in compliance with
				  this rule.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.860 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may substitute any
				  alternate financial assurance mechanisms as specified in this subchapter
				  provided that at all times he or she maintains an effective financial assurance
				  mechanism or combination of mechanisms that satisfies the requirements of
				  §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Responsibility).
(b) After
				  obtaining alternate financial assurance as specified in this subchapter, an
				  owner or operator may cancel a financial assurance mechanism by providing
				  notice to the provider of financial assurance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.865 - Cancellation or Non-renewal by a Provider of Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided, a provider
				  of financial assurance may cancel or fail to renew an assurance mechanism by
				  sending a notice of termination by certified mail to the owner or
				  operator.
(b) Termination of a
				  guarantee, a local government guarantee, a surety bond, or a letter of credit
				  may not occur until 120 days after the date on which the owner or operator
				  receives the notice of termination, as evidenced by the return
				  receipt.
(c) Termination of
				  insurance or risk retention group coverage, except for non-payment or
				  misrepresentation by the insured, or state-funded assurance may not occur until
				  60 days after the date on which the owner or operator receives the notice of
				  termination, as evidenced by the return receipt. Termination for non-payment of
				  premium or misrepresentation by the insured may not occur until a minimum of
				  ten days after the date on which the owner or operator receives the notice of
				  termination, as evidenced by the return receipt.
(d) If a provider of financial assurance
				  cancels or fails to renew for reasons other than incapacity of the provider as
				  specified in §
										37.870
				  of this title (relating to Reporting, Registration, and Certification), the
				  owner or operator must obtain alternate coverage as specified in this section
				  within 60 days after receipt of the notice of termination. If the owner or
				  operator fails to obtain alternate coverage within 60 days after receipt of the
				  notice of termination, the owner or operator must notify the executive director
				  of this failure and submit:
(1) the name and
				  address of the provider of financial assurance;
(2) the effective date of termination;
				  and
(3) the evidence of the
				  financial assurance mechanism subject to the termination maintained in
				  accordance with §
											37.875(b)
				  of this title (relating to Financial Assurance Recordkeeping).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.867 - Duty to Empty Tanks After Termination of Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of a tank for which
				  insurance coverage or other financial assurance has terminated shall ensure
				  that the tank is empty, as defined in §
										334.54(d)
				  of this title (relating to Temporary Removal from Service), not later than the
				  90th day after the coverage terminates, unless the owner or operator provides
				  the commission proof that the owner or operator maintains evidence of financial
				  responsibility. The owner or operator shall demonstrate that the tank is empty
				  by submitting evidence satisfactory to the executive director if requested by
				  the executive director.
(b) Any
				  regulated substances removed from the tank must be handled properly, in
				  accordance with agency requirements. If the regulated substances are disposed
				  of, disposal must be at a properly licensed facility.
(c) Failure to empty a tank, or to
				  demonstrate to the executive director that it has been emptied as required
				  under subsection (a) of this section may be considered by the commission to be
				  a separate violation in addition to a violation for failure to maintain
				  financial assurance as required by §
										37.815
				  of this title (relating to Amount and Scope of Required Financial
				  Assurance).
(d) An owner or
				  operator may demonstrate that the owner or operator had been released from
				  financial assurance requirements by having met all the requirements of §
										37.885
				  of this title (relating to Release from the Requirements) prior to the date of
				  financial assurance termination. However, even in the case where a tank has
				  been properly temporarily removed from service by having met all the
				  requirements of §
										334.54
				  of this title, including corrosion protection and leak detection, regulated
				  substances may not remain in the tank longer than 90 days, in accordance with
				  subsection (a) of this section.
(e)
				  Subsection (a) of this section does not affect the commission's authority to
				  require a shutdown of a facility under Texas Water Code, §
										26.3475(e),
				  nor any other sections, rules, or statutes, with regard to financial
				  assurance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.870 - Reporting, Registration, and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting. An owner or operator must
				  submit the appropriate forms listed in §
										37.875(b)
				  of this title (relating to Financial Assurance Recordkeeping) documenting
				  current proof of financial assurance to the executive director:
(1) within 30 days after the owner or
				  operator identifies a release from an underground storage tank (UST) required
				  to be reported under Chapter 334, Subchapter D of this title (relating to
				  Release Reporting and Corrective Action), unless current financial assurance
				  documentation is already on file with the agency;
(2) if the owner or operator fails to obtain
				  alternate coverage as required by this subchapter, within 30 days after the
				  owner or operator receives notice of:
(A)
				  commencement of a voluntary or involuntary proceeding under Title 11
				  (Bankruptcy), United States Code, naming a provider of financial assurance as a
				  debtor;
(B) suspension or
				  revocation of the authority of a provider of financial assurance to issue a
				  financial assurance mechanism;
(C)
				  failure of a guarantor to meet the requirements of the financial test;
				  or
(D) other incapacity of a
				  provider of financial assurance;
(3) as required by §
											37.825
				  of this title (relating to Financial Test of Self Insurance) and §
											37.865
				  of this title (relating to Cancellation or Non-renewal by a Provider of
				  Financial Assurance); or
(4) when
				  requested by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.875 - Financial Assurance Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators must maintain proof
				  of all financial assurance mechanisms used to demonstrate financial assurance
				  under this subchapter for a petroleum underground storage tank (UST) until
				  released from the requirements of this subchapter under §
										37.885
				  of this title (relating to Release from the Requirements). An owner or operator
				  must maintain this evidence at the UST site or the owner's or operator's place
				  of business. Records maintained off-site must be made available in a timely
				  manner upon request of the agency.
(b) An owner or operator must maintain the
				  following types of evidence of financial assurance.
(1) An owner or operator using a financial
				  assurance mechanism specified in §
											37.825
				  of this title (relating to Financial Test of Self-Insurance), §
											37.830 of
				  this title (relating to Guarantee), §
											37.835
				  of this title (relating to Insurance and Risk Retention Group Coverage), §
											37.840 of
				  this title (relating to Surety Bond), §
											37.845 of this
				  title (relating to Letter of Credit), §
											37.850 of
				  this title (relating to Trust Fund), §
											37.855 of this
				  title (relating to Standby Trust Fund), and 40 Code of Federal Regulations
				  §§280.104-280.107 (relating to Local Government Bond Rating Test,
				  Local Government Financial Test, Local Government Guarantee, and Local
				  Government Fund, respectively) must maintain a copy of the instrument worded as
				  specified.
(2) An owner or operator
				  using a financial test or guarantee, or a local government financial test, or a
				  local government guarantee supported by the local government financial test
				  must maintain a copy of the chief financial officer's letter based on year-end
				  financial statements for the most recent completed financial reporting year.
				  This documentation must be on file no later than 120 days after the close of
				  the financial reporting year.
(3)
				  An owner or operator using a guarantee, surety bond, or letter of credit must
				  maintain a copy of the signed standby trust fund agreement and copies of any
				  amendments to the agreement.
(4) An
				  owner or operator using an insurance policy or risk retention group coverage
				  must maintain a copy of the signed insurance policy or risk retention group
				  coverage policy, with the endorsement or certificate of insurance and any
				  amendments to the agreements.
(5) A
				  local government owner or operator must comply with the recordkeeping
				  requirements of
				  40
				  CFR §280.111(b)(4) -(6)
				  and (9)-(10) as applicable to the local government mechanism used to
				  demonstrate financial assurance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.880 - Drawing on Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall require the
				  guarantor, surety, or institution issuing a letter of credit to place the
				  amount of funds stipulated by the executive director, up to the limit of funds
				  provided by the financial assurance mechanism, into the standby trust if:
(1) the owner or operator fails to establish
				  alternate financial assurance within 60 days after receiving notice of
				  cancellation of the guarantee, surety bond, letter of credit, or, as
				  applicable, other financial assurance mechanism; and
(2) the agency determines or suspects that a
				  release from an underground storage tank (UST) covered by the mechanism has
				  occurred and so notifies the owner or operator or the owner or operator has
				  notified the executive director under Chapter 334, Subchapter D of this title
				  (relating to Release Reporting and Corrective Action) of a release from an UST
				  covered by the mechanism; or
(3)
				  the conditions of subsections (b)(1) or (2)(A) or (B) of this section are
				  satisfied.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.885 - Release from the Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator is no longer required to maintain financial assurance under this
				  subchapter for an underground storage tank after the tank has been:
(1) properly temporarily removed from
				  service, in accordance with the requirements of §
											334.54
				  of this title (relating to Temporary Removal from Service);
(2) properly permanently removed from service
				  in accordance with the requirements of §
											334.55
				  of this title (relating to Permanent Removal from Service); or
(3) if corrective action is required, after
				  corrective action has been completed and the tank has been properly removed
				  from service in accordance with the requirements of §
											334.55
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.890 - Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Within ten days
				  after commencement of a voluntary or involuntary proceeding under Title 11
				  (Bankruptcy), United States Code, naming an owner or operator as debtor, the
				  owner or operator must notify the executive director by certified mail of this
				  commencement and submit the appropriate forms listed in §
										37.875
				  of this title (relating to Financial Assurance Recordkeeping) documenting
				  current financial responsibility.
(b) Within ten days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States
				  Code, naming a guarantor providing financial assurance as debtor, this
				  guarantor must notify the owner or operator by certified mail of this
				  commencement as required under §
										37.830 of
				  this title (relating to Guarantee).
(c) An owner or operator who obtains
				  financial assurance by a mechanism other than the financial test of
				  self-insurance will be deemed to be without the required financial assurance in
				  the event of a bankruptcy or incapacity of its provider of financial assurance,
				  or a suspension or revocation of the authority of the provider of financial
				  assurance to issue a guarantee, insurance policy, risk retention group coverage
				  policy, surety bond, letter of credit, or state-required mechanism. The owner
				  or operator must obtain alternate financial assurance as specified in this
				  subchapter within 30 days after receiving notice of this event. If the owner or
				  operator does not obtain alternate coverage within 30 days after this
				  notification, he or she must notify the executive director as specified in this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter I - FINANCIAL ASSURANCE FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS › Section 37.895 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) If at any time after a standby trust is
				  funded upon the instruction of the executive director with funds drawn from a
				  guarantee, local government guarantee with standby trust, letter of credit, or
				  surety bond, and the amount in the standby trust is reduced below the full
				  amount of coverage required, the owner or operator shall by the anniversary
				  date of the financial mechanism from which the funds were drawn:
(1) replenish the value of financial
				  assurance to equal the full amount of coverage required; or
(2) acquire another financial assurance
				  mechanism for the amount by which funds in the standby trust have been
				  reduced.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter J - FINANCIAL ASSURANCE FOR RECYCLING FACILITIES › Section 37.901 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to owners and operators of
					 recycling facilities required to provide evidence of financial assurance under
					 Chapters 328, 330, 332, or 335 of this title (relating to Waste Minimization
					 and Recycling; Municipal Solid Waste; Composting; and Industrial Solid Waste
					 and Municipal Hazardous Waste). 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 J - FINANCIAL ASSURANCE FOR RECYCLING FACILITIES › Section 37.911 - 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 Chapters 328, 330, 332, and 335
					 of this title (relating to Waste Minimization and Recycling; Municipal Solid
					 Waste; Composting; and 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 J - FINANCIAL ASSURANCE FOR RECYCLING FACILITIES › Section 37.921 - Financial Assurance Requirements for Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements of this
				  subchapter, owners and operators of recycling facilities required to
				  demonstrate financial assurance for closure 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) except:
(1)
											§
											37.31 of
				  this title (relating to Submission of Documents) is not applicable;
(2)
											§
											37.131
				  of this title (relating to Annual Inflation Adjustments to Closure Cost
				  Estimates) is not applicable;
(3)
											§
											37.161
				  of this title (relating to Establishment of a Standby Trust) is not applicable;
				  and
(4)
											§
											37.241(b)
				  of this title (relating to Insurance) is not applicable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter J - FINANCIAL ASSURANCE FOR RECYCLING FACILITIES › Section 37.931 - Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators 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 closure
					 except:
(1) a pay-in trust fund may
				  not be used; and
(2) a surety bond
				  guaranteeing performance may not be used unless the owner or operator is
				  required to provide financial assurance under §
										332.47
				  of this title (relating to Permit Application Preparation).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter K - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS A OR B PETROLEUM-SUBSTANCE CONTAMINATED SOIL STORAGE, TREATMENT, AND REUSE FACILITIES › Section 37.1001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an owner or operator of Class A
					 or B petroleum-substance contaminated soil storage, treatment, or reuse
					 facilities required to provide evidence of financial assurance under Chapter
					 334, Subchapter K of this title (relating to Storage, Treatment, and Reuse
					 Procedures for Petroleum-Substance Contaminated Soil). 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 and liability.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter K - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS A OR B PETROLEUM-SUBSTANCE CONTAMINATED SOIL STORAGE, TREATMENT, AND REUSE FACILITIES › Section 37.1005 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required by this subchapter to provide
					 financial assurance must submit originally signed financial assurance
					 mechanisms for closure and liability coverage prior to issuance of
					 registration. The signed financial assurance mechanisms must be in effect at
					 the time they are submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter K - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS A OR B PETROLEUM-SUBSTANCE CONTAMINATED SOIL STORAGE, TREATMENT, AND REUSE FACILITIES › Section 37.1011 - Financial Assurance Requirements for Closure of Class A and B Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator of a Class A or B
				  petroleum-substance contaminated soil storage, treatment, or reuse facility
				  subject to this subchapter shall establish financial assurance for the closure
				  of the facility 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).
(b) An owner or operator
				  subject to this subchapter may use any of the financial assurance mechanisms as
				  specified in Subchapter C of this chapter to demonstrate financial assurance
				  for closure, except a pay-in trust mechanism may not be used.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter K - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS A OR B PETROLEUM-SUBSTANCE CONTAMINATED SOIL STORAGE, TREATMENT, AND REUSE FACILITIES › Section 37.1021 - Liability Requirements for Class A and B Facilities

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator of a Class A or B petroleum-substance
					 contaminated soil storage, treatment, or reuse facility subject to this
					 subchapter shall establish financial assurance for sudden liability coverage
					 for bodily injury and property damage to third parties caused by sudden
					 accidental occurrences arising from operations of the facility that meets the
					 requirements of this section, in addition to the requirements specified under
					 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).
(1) An
				  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.
(2) An owner or operator
				  subject to this subchapter may use any of the financial assurance mechanisms as
				  specified in Subchapter F of this chapter to demonstrate financial assurance
				  for sudden liability.
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 37.2001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to used oil transporters required
					 to provide evidence of financial assurance under §
										324.22
					 of this title (relating to Soil Remediation for Used Oil Handlers). This
					 subchapter also applies to an owner or operator of a used oil transfer,
					 processing, rerefining, and off-specification used oil burning facilities,
					 hereinafter referred to as "used oil handlers," which are required to provide
					 evidence of financial assurance under §
										324.22
					 of this title. 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 soil remediation and automobile
					 insurance.
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 37.2003 - 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 324 of this title
					 (relating to Used Oil), except the term "closure" for purposes of this
					 subchapter includes the term "soil remediation" as used in Chapter 324 of this
					 title.