General
Overview
Owners or operators of municipal solid waste facilities should
refer to
Subchapter R of Chapter 37 
which establishes requirements and
mechanisms for demonstrating financial assurance for closure, post
closure, and corrective action coverage. The amount of financial
assurance required is determined by the Municipal Solid Waste (MSW)
Permits Section and is discussed in further detail under Cost
Estimates below.
Owners or operators which are state or federal government entities
whose debts and liabilities are the debts and liabilities of a
state or the United States are exempt. Local political subdivisions
are not exempt.
In the case of closure and post-closure, financial assurance
mechanisms must be submitted at least 60 days prior to acceptance
of waste. For corrective action, financial assurance mechanisms
must be submitted no later than 120 days after the corrective
action remedy has been selected.
Questions? We
Can Help
If you have questions about financial assurance for MSW Permits,
please contact us.
Cost
Estimates
Closure and post-closure cost estimates for permitted MSW
facilities are reviewed by the MSW Permits Section during the
application review process. The required financial assurance amount
is included as a provision in the permit. Any cost estimate
revisions to the permit must be coordinated through the MSW Permits
Section. For more information, please contact our Waste Permits
Division at 512/239-2334 and ask to speak to a permit
coordinator in the MSW Permits Section.
Types of Financial
Assurance Mechanisms
Closure and post-closure coverages: A description of how various
financial assurance mechanisms work and their specific criteria are
set out in
Subchapter C of Chapter 37. The required wording of the mechanisms can
be reviewed and downloaded from
Subchapter D of Chapter 37.
Corrective Action coverage: Mechanisms available for closure and
post closure can also be used for corrective action except for
payment bonds and insurance.
Annual
Inflation Adjustments
Annual inflation adjustments are required during the active life
of the facility and during the post closure care period.
Wording of
Mechanisms
The financial assurance mechanism you submit to us must be
worded exactly as set out in our Rules except that the instructions
in parenthesis are to be replaced with the relevant information and
the parenthesis deleted. One way to ensure that your mechanism is
worded correctly is to download the document from our web site and
inform your financial institution not to add or delete language.
Please be advised that our agency cannot accept the financial
assurance mechanism if it does not incorporate the exact language
as set out in our Rules.
