Section 352.1101 - Financial Assurance Required(a) Applicability. This subchapter applies to owners and operators required to perform post-closure care as set out in Subchapter J of this chapter (relating to Closure and Post-Closure Care). Financial assurance shall be established and maintained for the duration of the post-closure care period as prescribed in § 352.1241 of this title (relating to Post-Closure Care Requirements).(b) Cost estimate. The owner or operator shall prepare and include with the application for registration, a written cost estimate in current dollars of the total cost of the 30-year post-closure care period to perform post-closure care requirements as prescribed in § 352.1241 of this title. The cost estimate shall be based on the costs of hiring a third-party to conduct post-closure care maintenance. The most recent of these cost estimates approved by the executive director is termed as the post-closure care cost estimate.(c) Mechanism. No more than 90 days after the executive director's approval of the registration, a financial assurance mechanism acceptable to the executive director must be submitted for the cost of post-closure care in an amount no less than the amount specified in the approved cost estimate. Financial assurance for post-closure care shall be demonstrated in compliance with Chapter 37, Subchapters A - D of this title (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 as indicated in § 352.1111 of this title (relating to Exceptions).(d) Post-closure care financial assurance beyond the initial 30 years. Owners and operators unable to make a demonstration for ending the post-closure care period in accordance with § 352.1241 of this title, shall continue to maintain financial assurance for the post-closure care period specified in § 352.1241 of this title. At least 180 days before the end of the preceding post-closure care period, a written cost estimate in current dollars shall be prepared and submitted for the cost of continuing the post-closure care specified in the registration for the additional period specified in § 352.1241 of this title. The cost estimate shall be based on the cost of hiring a third-party to perform the post-closure care. A financial assurance mechanism acceptable to the executive director shall be submitted for the continued post-closure care period in an amount approved by the executive director. Financial assurance for post-closure care shall be demonstrated in compliance with Chapter 37, Subchapters A - D of this title except as indicated in § 352.1111 of this title.(e) Executive director executed post-closure care. The executive director may use or direct the use of post-closure care funds to perform post-closure care at a coal combustion residuals unit when the executive director determines that a person has failed to perform the post-closure care required under Subchapter J of this chapter.30 Tex. Admin. Code § 352.1101
Adopted by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3497, eff. 5/28/2020