Texas Administrative Code

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 …

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…

(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…

(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) 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) 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) 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…

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) 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…

(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 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…

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 g…

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 g…

(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 rele…

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…

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 § 37.20…

An owner or operator required by this subchapter to provide financial assurance must submit an originally signed financial assurance mechanism for closure, post closure and third party pollution liability coverage. (1) For new facilities, owners or operators shall submit the orig…

(a) An owner or operator of a brine evaporation pit subject to this subchapter shall establish financial assurance for the closure and post closure of the facility that meets the requirements of this section, in addition to the requirements specified under Subchapters A - D of th…

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 …

A used oil handler 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 soil r…

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 Reu…

This subchapter applies to an owner or operator required to provide financial assurance for closure, post closure, or corrective action. Notes 30 Tex. Admin. Code § 37.100 The provisions of this §37.100 adopted to be effective December 30, 1996, 21 TexReg 12297; amended to be eff…

This chapter applies to an owner or operator required to provide financial assurance. The terms "owner or operator" and "owner and operator" are used throughout this chapter to indicate any or all of the following: owner, operator, licensee, permittee, registrant, or person. Refe…

A used oil transporter must show proof of insurance to the commission in the forms and levels as prescribed by the Texas Department of Transportation (Texas Civil Statutes, Articles 6675c, 6675c-1, 911m, and 6687-9a) or the U.S. Department of Transportation ( 49 USC § 11506 ). Th…

The mechanisms submitted for compliance with this chapter must be worded as they appear in Subchapter D or G of this chapter (relating to Wording of the Mechanisms for Closure, Post Closure, and Corrective Action or Wording of the Mechanisms for Liability). The executive director…

(a) An owner or operator may satisfy the requirements of financial assurance by obtaining a surety bond which conforms to the requirements of this section, in addition to the requirements specified in Subchapters A and B of this chapter (relating to General Financial Assurance Re…

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 § 37.30…

(a) An owner or operator required by this chapter to provide financial assurance for closure, post closure, or liability coverage must submit an originally signed financial assurance mechanism to the executive director 60 days prior to acceptance of waste. The mechanism must be i…

A surety bond guaranteeing payment for closure, post closure, or corrective action, as specified in § 37.211 of this title (relating to Surety Bond Guaranteeing Payment), must be worded as specified in the Payment Bond in this section, except that the instructions in parenthesis …

A surety bond guaranteeing performance for closure, post closure, or corrective action, as specified in § 37.221 of this title (relating to Surety Bond Guaranteeing Performance), must be worded as specified in the Performance Bond in this section, except that the instructions in …

An irrevocable standby letter of credit for closure, post closure, or corrective action, as specified in § 37.231 of this title (relating to Irrevocable Standby Letter of Credit), must be worded as specified in the Irrevocable Standby Letter of Credit in this section, except that…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise: (1) Agency--The Texas Education Agency and/or the Texas Department of Mental Health and Mental Retardation. (2) Department--The Texas Dep…

The screwworm requirements for entry into Texas are located in Chapter 51, § 51.7 (b) of this title (relating to All Livestock--Special Requirements). Notes 4 Tex. Admin. Code § 37.2 The provisions of this §37.2 adopted to be effective June 23, 2002, 27 TexReg 5169

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abnormal screening result(s)--An out-of-range laboratory test result. (2) Bona fide resident--A person who: (A) is physically presen…

(a) Newborn screening is composed of screening performed on blood specimens ("blood spot-based newborn screening") as well as that performed at the point-of-care ("point-of-care newborn screening"). This subchapter covers blood spot-based newborn screening, with two exceptions: (…

(a) A newborn hearing screening performed by a birthing facility and any related diagnostic follow-up care, provided in accordance with Texas Health and Safety Code Chapter 47 and the requirements of this subchapter, for a newborn who receives medical assistance or who is Medicai…

(a) The department shall: (1) maintain the TEHDI MIS; (2) certify newborn hearing screening programs, as described by program protocol at https://www.dshs.texas.gov/tehdi/FacilityCertRequire.aspx ; and (3) make available standardized educational resources. (b) The department may …

(a) A follow-up screening provider shall: (1) perform a follow-up screening no later than 30 days after birth; (2) provide screening results to the applicable healthcare providers; (3) provide screening results and educational materials to the parents; and (4) report results in a…

(a) A birthing facility screening provider shall be a department-certified newborn hearing screening program. A provider that is not certified is required to refer the infant to a department-certified newborn hearing screening program. (b) A birthing facility screening provider s…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Certified lead risk assessor--A person certified by the department to conduct lead risk assessments, inspections, and lead-hazard scr…

The purpose of these sections is to implement the provisions of Texas Health and Safety Code, Chapter 88 which provides the Executive Commissioner of the Health and Human Services Commission with the authority to adopt rules relating to the reporting of child blood lead levels an…

(a) An application for access to any confidential data elements for individual patients identified as part of the operation of the central registry must contain a protocol and be submitted to the program manager. The protocol shall explain the applicant's "valid scientific intere…

(a) The central registry shall use a birth defects coding scheme used by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service in their birth defects monitoring programs. (b) In order for information related to a child to be included in t…

(a) Reports, records, and other information collected by, or provided to the department relating to persons known to have, or suspected of having a birth defect are confidential records and not public information and may not be released except as described in subsection (b) of th…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Birth defect--A physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one or more g…

(a) The department, recognizing the sensitive and confidential nature of information collected regarding birth defects and their possible causes, expects all staff to carry out all duties in a professional, compassionate, and culturally sensitive manner. (b) The department shall …

(a) The perinatal resource coordinating group (PRCG) in each perinatal planning area (PPA) shall submit for approval to the department an initial perinatal plan concerning the provision of perinatal care for women of child-bearing age and infants within the PPA. The plan shall be…