Texas Administrative Code

For purposes of any provision of the Alcoholic Beverage Code or the commission's rules that refer to population, it shall be determined by the most recent federal decennial census. Notes 16 Tex. Admin. Code § 37.5 The provisions of this §37.5 adopted to be effective November 17, …

(a) An owner or operator subject to this subchapter shall establish and maintain financial assurance for third party pollution liability insurance covering bodily injury and property damage to third parties caused by accidental sudden or nonsudden occurrences arising from facilit…

(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 Assuran…

(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. (…

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…

(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,…

(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 Curre…

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 Gr…

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 liabi…

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 instruction…

(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 gov…

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. Notes 30 Tex. Admin. Code § 37.9085 …

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. Notes 30 Tex. Admin. Code § 37.90…

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 …

(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 Requir…

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). Notes 30 Tex. Admin. Code § 37.90…

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; Licensin…

(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…

(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…

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. Notes 30 Tex. Admin. Code …

(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 id…

(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 …

(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 …

(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 …

(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…

An owner or operator may satisfy the requirements as provided in § 37.31 of this title (relating to Submission of Documents), except the owner or operator required by this chapter to provide financial assurance for corrective action must submit an originally signed financial assu…

If the executive director either assumes legal responsibility for an owner's or operator's compliance with the closure, post closure, or corrective action requirements of this chapter, or assures that the funds shall be available from state sources to cover the requirements, the …

(a) An owner or operator subject to this subchapter may use any of the financial assurance mechanisms in Subchapter C of this chapter (relating to Financial Assurance Mechanisms for Closure, Post Closure, and Corrective Action), to provide financial assurance, except as specified…

In addition to the requirements of this subchapter, owners or operators required to demonstrate for closure, post closure, or corrective action must comply with Subchapters A, B, C, and D of this chapter (relating to General Financial Assurance Requirements; Financial Assurance R…

(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 …

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 rel…

A letter from the chief financial officer for liability, as specified in § 37.541 of this title (relating to Financial Test for Liability) must be worded as specified in the Financial Test for Liability in this section, except that instructions in parenthesis are to be replaced w…

A liability endorsement as specified in § 37.531 of this title (relating to Insurance for Liability), must be worded as specified in the Endorsement for Liability in this section, except that instructions in parenthesis are to be replaced with the relevant information and the par…

A certificate of liability insurance, as specified in § 37.531 of this title (relating to Insurance for Liability), must be worded as specified in the Certificate of Insurance for Liability in this section, except that instructions in parenthesis are to be replaced with the relev…

(a) In addition to the requirements of this subchapter, owners or operators required to demonstrate for closure, post closure, or corrective action must comply with Subchapters A - D of this chapter (relating to General Financial Assurance Requirements; Financial Assurance Requir…

Definitions for terms that appear throughout this subchapter may be found in Subchapter A of this chapter (relating to General Financial Assurance Requirements) and Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste). Notes 30 Tex. Admin. …

(a) A trust agreement for a liability trust fund, as specified in § 37.501 of this title (relating to Trust Fund for Liability), 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…

(a) This subchapter applies to owners and operators of interim status hazardous waste facilities required to provide financial assurance under § 335.128 of this title (relating to Financial Assurance); owners or operators of hazardous waste facilities required to provide financia…

(a) An owner or operator may satisfy the requirements of financial assurance for liability as specified in Subchapter E of this chapter (relating to Financial Assurance Requirements for Liability Coverage) by obtaining insurance which conforms to the requirements of this section,…

(a) An owner or operator may satisfy the requirements of financial assurance for liability as specified in Subchapter E of this chapter (relating to Financial Assurance Requirements for Liability Coverage) by obtaining an irrevocable standby letter of credit which conforms to the…

(a) A person who is subject to this subchapter may use any of the financial assurance mechanisms specified in Subchapter C of this chapter (relating to Financial Assurance Mechanisms for Closure) to demonstrate financial assurance for corrective action at a facility operations ar…

(a) The financial assurance provided shall be in the amount specified in the most recent post response action care cost estimate required by §350.33(l), (m), or (n), as applicable, of this title (relating to Remedy Standard B). (b) A person subject to this subchapter may use any …

In the liability insurance requirements, the terms "bodily injury" and "property damage" shall 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 …

Definitions for terms that appear throughout this subchapter may be found in Subchapter A of this chapter (relating to General Financial Assurance Requirements) and Chapter 350 of this title (relating to Risk Reduction Program Rule), except where the following terms are used in t…

(a) This subchapter applies to persons required to provide financial assurance under § 350.33 of this title (relating to Remedy Standard B) and § 350.135 of this title (relating to Application Requirements). (b) This subchapter establishes requirements and mechanisms for demonstr…

This subchapter applies to an owner or operator required to provide financial assurance for sudden or nonsudden liability coverage. Notes 30 Tex. Admin. Code § 37.400 The provisions of this §37.400 adopted to be effective December 30, 1996, 21 TexReg 12297; amended to be effectiv…

An owner or operator subject to this subchapter may use any of the financial assurance mechanisms as specified in Subchapter C of this chapter (relating to Financial Assurance Mechanisms for Closure, Post Closure, and Corrective Action) for demonstrating financial assurance for c…