California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 6 - Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests › Article 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18498 - Recordkeeping and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator shall maintain evidence of
				  all financial assurance mechanisms until the operator is released from the
				  requirements as specified in section
				  18499 of this Article. This
				  evidence shall be maintained at each major waste tire facility, whenever
				  possible, or at an alternate, designated location approved by the Board or its
				  designee and which is accessible to the operator, and available for Board staff
				  review.
(b) An operator shall
				  maintain the following types of evidence, and shall maintain an original or
				  copy of each mechanism used to demonstrate financial responsibility under this
				  Article:
(1) Trust Fund. An operator using a
				  trust fund shall maintain a copy of the trust agreement and statements
				  verifying the current balance of the fund.
(2) Government Securities. An operator using
				  government securities shall maintain a copy of the following:
(A) All official resolutions, forms, letters,
				  or other pertinent documents generated to issue the securities;
(B) The terms of issuance of the securities;
				  and
(C) With respect to the
				  mechanism into which the funds generated by the issuance are deposited:
1. Identify the major waste tire facilities
				  covered by the fund and the amount of third party liability coverage;
2. Include a letter from an authorized
				  officer of the institution maintaining the mechanism identifying the amount of
				  funds provided by the mechanism as of the anniversary date of each mechanism
				  for each year; and
3. Include a
				  copy of the evidence documenting that the mechanism meets the requirements of
				  section 18490(b) of this
				  Article.
(3)
				  Insurance. An operator using insurance shall maintain the original or a copy of
				  the insurance policy in addition to the original or a copy of the liability
				  insurance endorsement or the certificate of liability insurance.
(4) Self-Insurance and Risk Management. An
				  operator using self-insurance and risk management shall maintain:
(A) The name and qualifications of the
				  currently employed risk manager;
(B) Pertinent documents verifying the ongoing
				  activity of the operator's safety and loss prevention program; and
(C) Pertinent documents showing procedures
				  for timely investigation and resolution of any claims for third party damages
				  caused by accidental occurrences and other self-insured
				  losses.
(5) Financial
				  Means Test. An operator using a financial means test shall maintain a copy of
				  the information specified in section
				  18493(e) of this
				  Article.
(6) Corporate Guarantee.
				  An operator using a corporate guarantee shall maintain documentation of the
				  corporate guarantee as specified in sections
				  18494(a),(b),and
				  (c) of this Article.