reglab/statecodes huggingface dataset:
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 37.9005 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter may be found in this section, Subchapter A of this chapter (relating
					 to General Financial Assurance Requirements), §
										336.2 of
					 this title (relating to Definitions), and §
										336.602 of
					 this title (relating to Definitions), except the following definitions shall
					 apply for this subchapter.
(1) Annual
				  review--Conducted on the anniversary date of the establishment of the financial
				  assurance mechanism.
(2)
				  Closure--Any one or combination of the following: closure, dismantlement,
				  decontamination, decommissioning, reclamation, disposal, groundwater
				  restoration, stabilization, or monitoring.
(3) Control and maintenance--Shall be
				  referenced as post closure.
(4)
				  Facility--All contiguous land, water, buildings, structures, and equipment
				  which are or were used for the disposal of radioactive material, including
				  soils and groundwater contaminated by radioactive material.
(5) Post Closure--Shall be the same as
				  control and maintenance as used in Chapter 336, Subchapter G of this title
				  (relating to Decommissioning Standards).
(6) Site--Shall be used interchangeably with
				  facility.
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 37.9010 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required by this subchapter to provide
					 financial assurance for closure or post closure must submit originally signed
					 and effective financial assurance mechanisms to the executive director 60 days
					 prior to commencement of operations.
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 37.9015 - Financial Assurance Requirements for Closure and Post Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator subject to this
				  subchapter shall establish financial assurance for closure or post 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.)
(1) An owner or operator subject to this
				  subchapter may use any of the mechanisms as specified in §
											37.9020
				  of this title (relating to Financial Assurance Mechanisms) to demonstrate
				  financial assurance for closure or post closure. On a case-by-case basis, the
				  executive director may approve other alternative financial assurance
				  mechanisms.
(2) The executive
				  director will respond within 60 days after receiving a written request for a
				  financial assurance reduction in accordance with §
											37.151
				  of this title (relating to Decrease in Current Cost Estimate).
(3) An owner or operator may use multiple
				  financial assurance mechanisms provided in §
											37.41
				  of this title (relating to Use of Multiple Financial Assurance Mechanisms), but
				  must use only those financial assurance mechanisms specified in §
											37.9020
				  of this title.
(4) Insurance, a
				  surety bond for guaranteeing payment, or a surety bond guaranteeing performance
				  for closure or post closure, must provide that the full face amount be paid to
				  the beneficiary automatically prior to the expiration without proof of
				  forfeiture if the owner or operator fails to provide a replacement acceptable
				  to the executive director within 30 days after receipt of notification of
				  cancellation.
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 37.9020 - Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner or operator may satisfy the requirements of a fully funded trust or
				  standby trust fund as provided in §
										37.201 of
				  this title (relating to Trust Fund), except that 60 days following the
				  executive director's final review and approval of closure or post closure
				  expenditures for reimbursement, release of funds shall occur.
(b) An owner or operator may satisfy the
				  requirements of a surety bond guaranteeing payment as provided in §
										37.211
				  of this title (relating to Surety Bond Guaranteeing Payment), or a surety bond
				  guaranteeing performance as provided in §
										37.221
				  of this title (relating to Surety Bond Guaranteeing Performance), except:
(1) the surety must also be licensed in the
				  State of Texas;
(2) cancellation
				  may not occur during the 90 days beginning on the date of receipt of the notice
				  of cancellation; and
(3) the bond
				  must guarantee that the owner or operator will provide alternate financial
				  assurance within 30 days after receipt of a notice of cancellation of the
				  bond.
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 37.9025 - Wording of Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, an owner or operator providing a self- guarantee, as specified in
				  §
										37.9020(e)
				  of this title (relating to Financial Assurance Mechanisms), must provide a
				  letter from the chief financial officer as specified in §
										37.351
				  of this title (relating to Financial Test), except Alternative I and
				  Alternative II as specified in §
										37.351
				  of this title shall be replaced with Alternative I and Alternative II of this
				  subsection.
Attached
					 Graphic
(b) An
				  owner or operator that is a nonprofit college, university, or hospital
				  providing a self-guarantee as specified in §
										37.9020(g)
				  of this title, must provide a letter from the chief financial officer of the
				  owner or operator as specified in §
										37.351
				  of this title, except Alternative I and Alternative II as specified in §
										37.351
				  of this title shall be replaced with Alternative I and Alternative II of this
				  subsection.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter T - FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION › Section 37.9030 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to owners or operators required to
					 provide financial assurance under Chapter 336, Subchapters G, H, L, or M of
					 this title (relating to Decommissioning Standards; Licensing Requirements for
					 Near-Surface Land Disposal of Low-Level Radioactive Waste; Licensing of Source
					 Material Recovery and By-Product Material Disposal Facilities; or Licensing of
					 Radioactive Substances Processing and Storage Facilities). This subchapter
					 establishes requirements and mechanisms for demonstrating financial assurance
					 for closure, post closure, corrective action, and liability
					 coverage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter T - FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION › Section 37.9035 - 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), §
										336.2 of
					 this title (relating to Definitions), and §
										336.702 of
					 this title (relating to Definitions), except the following definitions shall
					 apply for this subchapter.
(1) Annual
				  review--Conducted on the anniversary date of the establishment of the financial
				  assurance mechanism.
(2)
				  Closure--Any one or combination of the following: closure, dismantlement,
				  decontamination, decommissioning, reclamation, disposal, aquifer restoration,
				  stabilization, monitoring, or post closure observation and
				  maintenance.
(3) Corrective
				  action--The activities to remediate unplanned events that pose a risk to public
				  health, safety, and the environment and that may occur after the
				  decommissioning and closure of the compact waste disposal facility or a federal
				  facility waste disposal facility.
(4) Facility--The term "Facility" has the
				  same meaning as the term "Site" as defined in §
										336.702 of
				  this title (relating to Definitions). Facility also means all contiguous land,
				  water, buildings, structures, and equipment which are or were used for
				  activities associated with:
(A) the disposal
				  of radioactive material, including disposal, receipt, storage, processing, or
				  handling of radioactive material, waste, soil, and groundwater contaminated by
				  radioactive material;
(B) the
				  recovery of source material as provided in Chapter 336, Subchapter L of this
				  title (relating to Licensing of Source Material Recovery and By-Product
				  Material Disposal Facilities); or
(C) the processing and storage of radioactive
				  substances as provided in Chapter 336, Subchapter M of this title (relating to
				  Licensing of Radioactive Substances Processing and Storage
				  Facilities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter T - FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION › Section 37.9040 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required by this subchapter to provide
					 financial assurance for closure, post closure, corrective action, and liability
					 coverage must submit originally signed and effective financial assurance
					 mechanisms to the executive director 60 days prior to the initial receipt,
					 production or possession of radioactive substances or injection operations in a
					 production area.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter T - FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION › Section 37.9050 - Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner or operator may satisfy the requirements of a fully funded trust or
				  standby trust fund as provided in §
										37.201 of
				  this title (relating to Trust Fund), except within 60 days following the
				  executive director's final review and approval of closure or post closure
				  expenditures for reimbursement, release of funds shall occur.
(b) An owner or operator may satisfy the
				  requirements of a surety bond guaranteeing payment as provided in §
										37.211
				  of this title (relating to Surety Bond Guaranteeing Payment) except:
(1) the surety must also be licensed in the
				  State of Texas;
(2) cancellation
				  may not occur during the 90 days beginning on the date of receipt of the notice
				  of cancellation; and
(3) the bond
				  must guarantee that the owner or operator will provide alternate financial
				  assurance within 30 days after receipt of a notice of cancellation of the
				  bond.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter T - FINANCIAL ASSURANCE FOR RADIOACTIVE SUBSTANCES AND AQUIFER RESTORATION › Section 37.9052 - Endorsement

Current through Reg. 49, No. 28; July 12, 2024
An endorsement to the insurance policy for closure, post
					 closure, or corrective action, as specified in §
										37.9050(f)
					 of this title (relating to Financial Assurance Mechanisms), must be worded as
					 specified in the Endorsement 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 U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9060 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all owners or operators required
					 to provide financial assurance under Chapter 330, Subchapter Y of this title
					 (relating to Medical Waste Management). This subchapter establishes
					 requirements and mechanisms for demonstrating financial assurance for
					 automobile liability and pollution liability.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9065 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions for terms that appear throughout this
					 subchapter are defined in Subchapter A of this chapter (relating to General
					 Financial Assurance Requirements) and in Chapter 330, Subchapter Y of this
					 title (relating to Medical Waste Management).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9070 - Financial Assurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Owners or operators registered to transport medical waste are required to
				  demonstrate for automobile liability and pollution liability and must comply
				  with Subchapters A and B of this chapter (relating to General Financial
				  Assurance Requirements and Financial Assurance Requirements for Closure, Post
				  Closure, and Corrective Action), except the following sections do not apply:
(1)
											§
											37.11 of
				  this title (relating to Definitions); §
											37.31 of
				  this title (relating to Submission of Documents); §
											37.41
				  of this title (relating to Use of Multiple Financial Assurance Mechanisms);
				  §
											37.51
				  of this title (relating to Use of a Financial Assurance Mechanism for Multiple
				  Facilities); and §
											37.52
				  of this title (relating to Use of a Universal Financial Assurance Mechanism for
				  Multiple Facilities and Program Areas);
(2)
											§
											37.131
				  of this title (relating to Annual Inflation Adjustments to Current Cost
				  Estimates) and §
											37.161
				  of this title (relating to Establishment of a Standby Trust).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9075 - Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
Owners or operators subject to this subchapter may use the
					 following financial assurance mechanisms:
(1) a certificate of insurance to demonstrate
				  automobile liability coverage; and
(2) an MCS 90 form or letter of credit to
				  demonstrate pollution liability coverage. The letter of credit is subject to
				  the requirements specified in §
										37.231
				  of this title (relating to Irrevocable Standby Letter of Credit), except:
(A) whenever the terms "closure," "post
				  closure," "corrective action," or "current cost estimate" are cited, replace
				  with "pollution liability"; and
(B)
				  in §
											37.231(h)
				  of this title, the following statement will be added: "Failure to obtain
				  alternate insurance coverage and submit evidence of such coverage to the
				  executive director before the effective date of the cancellation will result in
				  revocation of the registration."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9080 - 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 U - FINANCIAL ASSURANCE FOR MEDICAL WASTE TRANSPORTERS › Section 37.9085 - Incapacity of Owners or Operators Registered to Transport Medical Waste or of the Issuing Institution

Current through Reg. 49, No. 28; July 12, 2024
The requirements specified in §
										37.71
					 of this title (relating to Incapacity of Owners or Operators, Guarantors, or
					 Issuing Institutions) shall be satisfied, except 60 days should be changed to
					 30 days as specified in §
										37.71(b)
					 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9090 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to a responsible
				  person, as defined in Texas Health and Safety Code, §
										361.121(a)(3),
				  holding or applying for a Class B sewage sludge permit under §
										312.11 of this
				  title (relating to Permits).
(b)
				  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.
(c) This subchapter does
				  not apply to political subdivisions.
(d) This subchapter establishes requirements
				  and mechanisms for demonstrating financial assurance for environmental
				  impairment and commercial liability insurance coverages.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9095 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions for terms that appear
				  throughout this subchapter are defined in Subchapter A of this chapter
				  (relating to General Financial Assurance Requirements), §
										312.8 of this
				  title (relating to General Definitions), and Solid Waste Disposal Act,
				  §361.121 (relating to Land Application of Certain Sludge; Permit
				  Required).
(b) In the liability
				  insurance requirements of this subchapter, the terms "bodily injury" and
				  "property damage" have the meanings given these terms by applicable state law.
				  However, these terms do not include those liabilities which, consistent with
				  standard industry practices, are excluded from coverage in liability policies
				  for bodily injury and property damage. The commission intends the meanings of
				  other terms used in the liability insurance requirements to be consistent with
				  their common meanings within the insurance industry.
(c) For the purposes of this subchapter, the
				  term "corrective action" includes the activities to remediate events resulting
				  from a permitted sewage sludge land application facility in accordance with
				  Chapter 350 of this title (relating to Texas Risk Reduction Program) or
				  otherwise directed by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9100 - Commercial Liability Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  responsible person subject to this subchapter shall obtain and maintain a
				  commercial liability insurance policy that must:
(1) reflect the responsible person as the
				  insured;
(2) reflect total coverage
				  of not less than $3 million per occurrence with an annual aggregate of not less
				  than $3 million, exclusive of legal defense costs;
(3) be issued by an insurance company
				  licensed to transact the business of insurance in Texas or eligible to provide
				  insurance as an excess or surplus lines insurer in Texas that has a rating of
				  A- or better by A.M. Best Company;
(4) designate the Texas Commission on
				  Environmental Quality as an additional insured; and
(5) be evidenced by either a certificate of
				  insurance worded identically to the wording specified in §
											37.9145
				  of this title (relating to Certificate of Insurance for Commercial Liability)
				  or an endorsement worded identically to the wording specified in §
											37.9150
				  of this title (relating to Endorsement for Commercial Liability).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9105 - Environmental Impairment Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  responsible person subject to this subchapter shall obtain and maintain an
				  environmental impairment insurance policy that must:
(1) reflect the responsible person as the
				  insured;
(2) reflect total coverage
				  of not less than $3 million per occurrence with a policy limit of not less than
				  $3 million, exclusive of legal defense costs;
(3) be issued by an insurance company
				  licensed to transact the business of insurance in Texas or eligible to provide
				  insurance as an excess or surplus lines insurer in Texas that has a rating of
				  A- or better by A.M. Best Company;
(4) designate the Texas Commission on
				  Environmental Quality as an additional insured; and
(5) be evidenced by a certificate of
				  insurance worded identically to the wording specified in §
											37.9155
				  of this title (relating to Certificate of Insurance for Environmental
				  Impairment).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9110 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) As part of a
				  Class B sewage sludge land application permit application, a responsible person
				  subject to this subchapter must submit:
(1)
				  either a Certificate of Insurance for Commercial Liability or Endorsement for
				  Commercial Liability as evidence of commercial liability insurance coverage;
				  and
(2) a Certificate of Insurance
				  for Environmental Impairment as evidence of environmental impairment insurance
				  coverage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9115 - Approval of Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall determine the acceptability of
					 the mechanisms submitted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9120 - Incapacity of Responsible Person or Insurance Company

Current through Reg. 49, No. 28; July 12, 2024
(a) A responsible person must notify the
				  executive director by certified mail of the commencement of a voluntary or
				  involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming
				  the responsible person, within ten business days after the commencement of the
				  proceeding.
(b) A responsible
				  person shall be deemed to be without the required financial assurance coverage
				  in the event the insurance company(ies) providing either the commercial
				  liability or environmental impairment policies:
(1) declares bankruptcy; or
(2) experiences an insurance rating reduction
				  resulting in a rating below A- as published by the A.M. Best Company.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9125 - Transfer of Ownership or Operational Control

Current through Reg. 49, No. 28; July 12, 2024
When a transfer of ownership or operational control occurs,
					 the responsible person transferring ownership or operational control shall
					 comply with the requirements of this subchapter, until the executive director
					 determines that the responsible person assuming the ownership or operational
					 control of the facility has demonstrated compliance with the requirements of
					 this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9130 - Drawing on the Financial Assurance Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
The executive director may make a written demand for
					 performance under the environmental impairment policy when a responsible person
					 who is required to comply with this subchapter has failed to perform corrective
					 action when required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9135 - Continuous Financial Assurance Required

Current through Reg. 49, No. 28; July 12, 2024
The responsible person required by this subchapter to
					 provide financial assurance for environmental impairment and commercial
					 liability insurance coverage shall maintain continuous financial assurance
					 coverage for the duration of the permit or, if corrective action is required,
					 after corrective action has been completed and until such time as the executive
					 director has provided written consent to termination in accordance with §
										37.9140
					 of this title (relating to Termination of Mechanisms).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9140 - Termination of Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
Upon written request of the responsible person, the
					 executive director shall provide written consent to termination of the
					 insurance coverages described in this subchapter when:
(1) a responsible person substitutes and
				  receives approval from the executive director for alternate insurance coverages
				  as specified in this subchapter; or
(2) the permit is revoked, cancelled,
				  expired, or, if corrective action is required, after such corrective action has
				  been completed and approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9145 - Certificate of Insurance for Commercial Liability

Current through Reg. 49, No. 28; July 12, 2024
A certificate of insurance for commercial liability, as
					 specified in §
										37.9100
					 of this title (relating to Commercial Liability Insurance), must be worded as
					 specified in the Certificate of Insurance for Commercial Liability in this
					 section, except that the instructions in parentheses are to be replaced with
					 the relevant information and the parentheses deleted.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9150 - Endorsement for Commercial Liability

Current through Reg. 49, No. 28; July 12, 2024
A liability endorsement as specified in §
										37.9100
					 of this title (relating to Commercial Liability Insurance) must be worded as
					 specified in the Endorsement for Commercial Liability in this section, except
					 that instructions in parentheses are to be replaced with the relevant
					 information and the parentheses deleted.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter V - FINANCIAL ASSURANCE FOR CLASS B SEWAGE SLUDGE FOR LAND APPLICATION UNITS › Section 37.9155 - Certificate of Insurance for Environmental Impairment

Current through Reg. 49, No. 28; July 12, 2024
A certificate of insurance for environmental impairment, as
					 specified in §
										37.9105
					 of this title (relating to Environmental Impairment Insurance), must be worded
					 as specified in the Certificate of Insurance for Environmental Impairment in
					 this section, except that the instructions in parentheses are to be replaced
					 with the relevant information and the parentheses deleted.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9160 - 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 311 of this title (relating to
					 Watershed Protection). 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 reclamation and
					 restoration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9165 - 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 311,
					 Subchapter H of this title (relating to Regulation of Quarries in the John
					 Graves Scenic Riverway), except where the following terms are used in this
					 subchapter, the following definition applies: Current cost estimate--The amount
					 of financial assurance required under Chapter 311, Subchapter H of this
					 title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9170 - Financial Assurance Requirements for Reclamation and Restoration

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements of this
				  subchapter, owners and operators required to demonstrate financial assurance
				  for reclamation or restoration must comply with §§
										37.141,
				  37.151,
				  and
				  37.161
				  of this title (relating to Increase in Current Cost Estimate, Decrease in
				  Current Cost Estimate, and Establishment of a Standby Trust) and Subchapter A
				  of this chapter (relating to General Financial Assurance Requirements), except:
(1)
											§
											37.21
				  of this title (relating to Wording and Approval of Mechanisms);
(2)
											§
											37.31 of
				  this title (relating to Submission of Documents);
(3)
											§
											37.52
				  of this title (relating to Use of a Universal Financial Assurance Mechanism for
				  Multiple Facilities and Program Areas); and
(4)
											§
											37.161
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9175 - Financial Assurance Mechanisms for Reclamation

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators subject to this subchapter may use any
					 of the following financial assurance mechanisms to demonstrate financial
					 assurance for reclamation:
(1) a trust
				  agreement as specified in §
										37.9185
				  of this title (relating to Trust Fund Requirements);
(2) a surety bond guaranteeing payment as
				  specified in §
										37.9195
				  of this title (relating to Surety Bond Guaranteeing Payment
				  Requirements);
(3) an irrevocable
				  standby letter of credit as specified in §
										37.9205
				  of this title (relating to Irrevocable Standby Letter of Credit
				  Requirements);
(4) insurance as
				  specified in §
										37.9215 of
				  this title (relating to Insurance Requirements);
(5) a financial test as specified in §
										37.9225
				  of this title (relating to Financial Test Requirements); or
(6) a corporate guarantee as specified in
				  §
										37.9235
				  of this title (relating to Corporate Guarantee Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9180 - Financial Assurance Requirements for Restoration

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators subject to this subchapter may use any
					 of the following financial assurance mechanisms to demonstrate financial
					 assurance for restoration:
(1) a trust
				  agreement as specified in §
										37.9185
				  of this title (relating to Trust Fund Requirements);
(2) a surety bond guaranteeing payment as
				  specified in §
										37.9195
				  of this title (relating to Surety Bond Guaranteeing Payment
				  Requirements);
(3) an irrevocable
				  standby letter of credit as specified in §
										37.9205
				  of this title (relating to Irrevocable Standby Letter of Credit
				  Requirements);
(4) insurance as
				  specified in §
										37.9215 of
				  this title (relating to Insurance Requirements);
(5) a financial test as specified in §
										37.9225
				  of this title (relating to Financial Test Requirements); or
(6) a corporate guarantee as specified in
				  §
										37.9235
				  of this title (relating to Corporate Guarantee Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9190 - Trust Agreement Wording

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  trust agreement for reclamation or restoration, as specified in §
										37.9185
				  of this title (relating to Trust Fund Requirements), must be worded as
				  specified in the 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) The
				  Certification of Acknowledgment in this subsection is the certification of
				  acknowledgment that must accompany the trust agreement for a trust fund as
				  specified in §
										37.9185
				  of this title.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9195 - Surety Bond Guaranteeing Payment Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may satisfy the
				  requirements of financial assurance by obtaining a surety bond that conforms to
				  the requirements of this subchapter and by submitting an originally signed
				  surety bond to the executive director.
(b) The surety company issuing the bond must,
				  at a minimum, be among those listed as acceptable sureties on federal bonds in
				  Circular 570 of the United States Department of the Treasury.
(c) The wording of the surety bond must be
				  identical to the wording specified in §
										37.9200 of
				  this title (relating to Payment Bond Wording).
(d) The bond must guarantee that the owner or
				  operator shall:
(1) fund the standby trust
				  fund as required in §
											37.161
				  of this title (relating to Establishment of a Standby Trust) in an amount equal
				  to the penal sum of the bond before the beginning of final reclamation at the
				  quarry or restoration related to the quarry;
(2) fund the standby trust fund as required
				  in §
											37.161
				  of this title in an amount equal to the penal sum within 15 days after a
				  written directive by the executive director or commission to begin reclamation
				  or restoration, or within 15 days after an order to begin final reclamation or
				  restoration is issued by the United States district court or other court of
				  competent jurisdiction; or
(3)
				  provide alternate financial assurance as specified in this subchapter, and
				  obtain the executive director's written approval of the assurance provided,
				  within 90 days after receipt by both the owner or operator and the executive
				  director of a notice of cancellation of the bond from the surety.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9200 - Payment Bond Wording

Current through Reg. 49, No. 28; July 12, 2024
A surety bond guaranteeing payment for reclamation or
					 restoration, as specified in §
										37.9195
					 of this title (relating to Surety Bond Guaranteeing Payment Requirements), must
					 be worded as specified in the Payment Bond 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 W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9205 - Irrevocable Standby Letter of Credit Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may satisfy the
				  requirements of financial assurance by obtaining an irrevocable standby letter
				  of credit that conforms to the requirements of this subchapter and submit an
				  originally signed irrevocable standby letter of credit to the executive
				  director.
(b) The financial
				  institution issuing the irrevocable standby letter of credit shall be an entity
				  that has the authority to issue irrevocable standby letters of credit and whose
				  operations are regulated and examined by a federal or state agency.
(c) The wording of the irrevocable standby
				  letter of credit must be identical to the wording specified in §
										37.9210
				  of this title (relating to Irrevocable Standby Letter of Credit
				  Wording).
(d) The originally signed
				  irrevocable standby letter of credit must be accompanied by a letter from the
				  owner or operator referring to the irrevocable standby letter of credit by
				  number, issuing institution, and date, and providing the following information
				  for each quarry:
(1) the permit
				  number;
(2) name and physical and
				  mailing addresses of the quarry; and
(3) the amount of funds assured for
				  reclamation or restoration by the irrevocable standby letter of
				  credit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9210 - Irrevocable Standby Letter of Credit Wording

Current through Reg. 49, No. 28; July 12, 2024
An irrevocable standby letter of credit for reclamation or
					 restoration, as specified in §
										37.9205
					 of this title (relating to Irrevocable Standby Letter of Credit Requirements),
					 must be worded as specified in the Irrevocable Standby Letter of Credit 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 W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9220 - Certificate of Insurance Wording

Current through Reg. 49, No. 28; July 12, 2024
A certificate of insurance for reclamation or restoration,
					 as specified in §
										37.9215 of
					 this title (relating to Insurance Requirements), must be worded as specified in
					 the Certificate of Insurance 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 W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9225 - Financial Test Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may satisfy the requirements of financial assurance by establishing a
				  financial test that conforms to the requirements of this subchapter.
(b) To pass this test, the owner or operator
				  must meet the criteria of either paragraph (1) or (2) of this subsection.
(1) The owner or operator shall have:
(A) two of the following three ratios: a
				  ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
				  net income plus depreciation, depletion, and amortization to total liabilities
				  greater than 0.1; and a ratio of current assets to current liabilities greater
				  than 1.5;
(B) net working capital
				  and tangible net worth each at least six times the sum of the current cost
				  estimates, liability coverage requirements, and any other financial assurance
				  obligations under the Texas Commission on Environmental Quality (TCEQ) or other
				  federal or state environmental regulations assured by a financial
				  test;
(C) tangible net worth of at
				  least $10 million; and
(D) assets
				  located in the United States amounting to at least 90% of the owner's or
				  operator's total assets or at least six times the sum of the current cost
				  estimates, liability coverage requirements, and any other financial assurance
				  obligations under the TCEQ or other federal or state environmental regulations
				  assured by a financial test.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9230 - Financial Test Wording

Current through Reg. 49, No. 28; July 12, 2024
A letter from the chief financial officer for restoration
					 or reclamation, as specified in §
										37.9225
					 of this title (relating to Financial Test Requirements), must be worded as
					 specified in the 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 W - FINANCIAL ASSURANCE FOR QUARRIES › Section 37.9240 - Corporate Guarantee Wording

Current through Reg. 49, No. 28; July 12, 2024
A corporate guarantee for reclamation or restoration, as
					 specified in §
										37.9235
					 of this title (relating to Corporate Guarantee Requirements), must be worded as
					 specified in the Corporate Guarantee 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 X - FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS › Section 37.9245 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to owners and operators of brine
					 evaporation pits required to provide evidence of financial assurance under
					 Chapter 218 of this title (relating to Brine Evaporation Pits). 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 third party pollution liability.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter X - FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS › Section 37.9250 - 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 218 of this title (relating to
					 Brine Evaporation Pits), except the term "brine evaporation pit" shall mean the
					 same as "facility" for purposes of this subchapter.