Section 335.179 - Financial Assurance(a) Before a permit or post-closure order may be issued, amended, extended, or renewed for a solid waste facility for storage, processing, or disposal of hazardous waste, the commission shall determine the type or types of financial assurance which may be used by the applicant to comply with applicable regulations.(b) Before hazardous waste may be stored, processed, or disposed of at a solid waste facility subject to this subchapter, the permittee must: (1) establish financial assurance for the amount of the closure cost estimate in a manner that meets the requirements of Chapter 37, Subchapter P of this title (relating to Financial Assurance for Hazardous and Nonhazardous Industrial Solid Waste Facilities), in addition to the requirements specified in § 335.152(a)(6) of this title (relating to Standards); and(2) establish financial assurance for the amount of the post closure cost estimate in a manner that meets the requirements of Chapter 37, Subchapter P of this title, in addition to the requirements specified in § 335.152(a)(6) of this title, if the facility:(A) includes a disposal facility;(B) includes a pile, and/or surface impoundment from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in § 335.169 of this title (relating to Closure and Post-Closure Care (Surface Impoundments)) and 40 Code of Federal Regulations, §264.258;(C) includes a tank system that is required under § 335.152 of this title, to meet the requirements for landfills;(D) includes a containment building that is required under § 335.152 of this title, to meet the requirements for landfills; or(E) is notified by the executive director of the need for post closure financial assurance for another type of unit.(c) Before hazardous waste may be stored, processed, or disposed of at a solid waste facility or a group of such facilities subject to this subchapter, the owner or operator must establish financial assurance for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities in a manner that meets the requirements of Chapter 37 of this title (relating to Financial Assurance).(d) Before hazardous waste may be stored, processed, or disposed of at a solid waste facility containing a hazardous waste surface impoundment, landfill, land treatment facility, or disposal miscellaneous unit used to manage hazardous waste or a group of such facilities subject to this subchapter, the owner or operator must establish financial assurance for nonsudden liability coverage for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities in a manner that meets the requirements of Chapter 37 of this title.(e) If the executive director determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill, or land treatment facility, the owner or operator may be required to comply with subsection (d) of this section.30 Tex. Admin. Code § 335.179
The provisions of this §335.179 adopted to be effective January 5, 1988, 12 TexReg 4846; amended to be effective March 21, 2000, 25 TexReg 2394; amended to be effective January 30, 2003, 28 TexReg 715