(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 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:
  (1) §37.31 of this title (relating to Submission of Documents) is not applicable;
  (2) §37.131 of this title (relating to Annual Inflation Adjustments to Closure Cost Estimates) is not applicable;
  (3) §37.161 of this title (relating to Establishment of a Standby Trust) is not applicable; and
  (4) §37.241(b) of this title (relating to Insurance) is not applicable.
(b) Owners or operators shall submit an originally signed financial assurance mechanism to the executive director.
  (1) For new facilities, owners or operators shall submit the originally signed financial assurance mechanism:
    (A) prior to receipt of materials; or
    (B) as otherwise approved by the executive director.
  (2) For facilities in existence upon the effective date of this section, owners or operators shall submit the originally signed financial assurance mechanism:
    (A) within 60 days of executive director approval of the closure cost estimate as required in §328.5(c) of this title (relating to Reporting and Recordkeeping Requirements), §330.282(a) of this title (relating to Closure for Process Facilities), or §335.24(j) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials); or
    (B) within 180 days of the effective date of this section, whichever occurs first; or
    (C) as otherwise approved by the executive director.
(c) Insurers providing insurance in accordance with §37.241 of this title must be licensed to transact the business of insurance in Texas or eligible to provide insurance as an excess or surplus lines insurer in Texas.

Source Note: The provisions of this §37.921 adopted to be effective December 30, 1996, 21 TexReg 12297; amended to be effective March 21, 2000, 25 TexReg 2347; amended to be effective November 4, 2004, 29 TexReg 10116