The Commissioner of Insurance, in Commissioner's Order No. 08-0239, has adopted new Subchapter K, §§5.9101 - 5.9107, concerning required notice to the Texas Commission on Environmental Quality (TCEQ) by an insurer or other entity providing financial assurance for an underground storage tank if the insurance or other financial assurance is cancelled or non-renewed. The new sections specify the requirements and procedures for insurers or other entities providing financial assurance for underground storage tanks to provide notice to the TCEQ after the insurance or other financial assurance for underground storage tanks is canceled or non-renewed.
The new subchapter applies to notices required to be issued under the Water Code §26.352(e-1) and that are issued on or after May 1, 2008 regardless of when the insurance policy or other form of financial assurance was issued or created.
A copy of Commissioner's Order No. 08-0239 is available at http://www.tdi.state.tx.us/rules/2008/0320-059.html.
Questions regarding this bulletin may be directed to David Nardecchia, Deputy Commissioner, Personal & Commercial Lines Division, at 512-305-7544 or david.nardecchia@tdi.state.tx.us.
Sincerely,
Marilyn Hamilton, Associate Commissioner
Property & Casualty Program, MC 104-PC