30 Tex. Admin. Code § 37.9070 - Financial Assurance Requirements
(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 Requirements for Closure, Post
Closure, and Corrective Action), except the following sections do not apply:
(1)
§
37.11 of this title (relating to
Definitions); §
37.31 of this title (relating to
Submission of Documents); §
37.41 of this title (relating to
Use of Multiple Financial Assurance Mechanisms); §
37.51 of this title (relating to
Use of a Financial Assurance Mechanism for Multiple Facilities); and §
37.52 of this title (relating to
Use of a Universal Financial Assurance Mechanism for Multiple Facilities and
Program Areas);
(b) Owners or operators required to provide
financial assurance under this subchapter may only use those financial
assurance mechanisms as specified in §
37.9075 of this title (relating to
Financial Assurance Mechanisms).
(c) Owners or operators who transport medical
waste are required to demonstrate financial assurance for automobile liability
and pollution liability in the dollar limits specified in this subsection and
are responsible for any liability costs that exceed these dollar limits. Such
owners or operators must provide:
(1) a
combined, single-limit automobile liability insurance policy with limits of at
least $1 million per accident, exclusive of legal defense costs, that meets the
requirements of subsection (d) of this section; and
(2) a pollution liability policy with a limit
of $500,000, exclusive of legal defense costs, if the transporter registers one
to seven vehicles or a pollution liability policy with a limit of $1 million,
exclusive of legal defense costs, if the transporter registers more than seven
vehicles; or
(3) an irrevocable
letter of credit that meets the requirements specified in this subchapter, made
payable to the Texas Commission on Environmental Quality in the following
amount:
(A) $10,000, if three or less
self-contained trucks or transport vehicles (not tractor-trailer units) are
registered;
(B) $35,000, if more
than three self-contained trucks or transporter vehicles (not tractor-trailer
units) are registered;
(C) $25,000,
if three or less tractor-trailer vehicles are registered; or
(D) $50,000, if more than three
tractor-trailer vehicles are registered.
(d) Owners or operators who transport medical
waste shall comply with the following insurance requirements.
(1) The owner or operator who transports
medical waste must be the named insured on the certificate of insurance and the
certificate holder must be listed as the Texas Commission on Environmental
Quality.
(2) The cancellation
statement on the certificate shall read exactly as follows: "Should any of the
above described policies be canceled before the expiration date thereof, the
issuing company will mail a 30-day written cancellation notice to the
certificate holder."
(3) Upon the
executive director's receipt of a cancellation notice, the owner or operator
who transports medical waste shall obtain alternate insurance coverage and
submit evidence of such coverage to the commission before the effective date of
the cancellation. Failure to do so will result in revocation of the
registration.
(4) Evidence of
pollution liability coverage is demonstrated by submitting an MCS 90 form along
with the original certificate for the automobile coverage. The schedule of
insured vehicles must accompany the certificate of insurance.
(5) Insurance coverage must be issued for at
least one year by a carrier that is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines
insurer in Texas. The insurer must be acceptable to the executive
director.
(6) An original or
certified copy of the insurance policy shall be provided within 30 days from
the date requested by the executive director.
Notes
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