If the executive director determines that the level of financial responsibility required by §37.401 of this title (relating to Liability Requirements for Sudden Accidental Occurrences) are not consistent with the degree and duration of risk associated with the facility or group of facilities, the executive director may adjust the level of financial responsibility required under §37.401 of this title as may be necessary to protect human health and the environment. An owner or operator must furnish to the executive director, within 30 days, any information which the executive director requests to determine whether cause exists for such adjustments of level of coverage. Any adjustment to financial assurance of the level for a facility that has a permit or registration will be treated as a permit or registration modification, unless the rule changes the amount required.

Source Note:The provisions of this §37.411 adopted to be effective December 30, 1996, 21 TexReg 12297.