The executive director may call on the financial assurance mechanism(s) when an owner or operator who is required to comply with this chapter has:

1. (1) failed to perform closure, post closure, or corrective action when required;
2. (2) failed to provide an alternate financial assurance mechanism, when required; or
3. (3) failed to provide continuous financial assurance coverage.

Source Note:The provisions of this §37.101 adopted to be effective December 30, 1996, 21 TexReg 12297; amended to be effective March 21, 2000, 25 TexReg 2347.