Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-4 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Section 335-14-4-.04 - Financial Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				person proposing to transport hazardous waste shall submit, with their
				application for an Alabama Hazardous Waste Transport Permit, one of the
				following:
(a) A surety bond in which the
				applicant is the principal obligor and the Department is the obligee;
1. The surety company issuing the bond must,
				at a minimum, be among those listed as acceptable sureties on Federal bonds in
				Circular 570 of the U.S. Department of the Treasury or be a corporate surety
				licensed to do business in the State of Alabama; and
2. The wording of the surety bond must be
				identical to the following:
SURETY BOND
Date bond executed: ___________________________________
Effective date: ___________________________________
[legal name, business address and EPA
Principal: identification number of applicant]
____________________________________
____________________________________
____________________________________
Type of organization: [insert "individual," "joint venture,"
				  "partnership" or "corporation"]
____________________________________
State of incorporation: __________________________________
				  [name(s) and business address(es)]
Surety(ies):___________________________________
Total penal sum of bond:
				  $_____________________________
Surety's bond number:
				  _________________________________
Know all persons by these presents, that we, the Principal
				  and Surety(ies) hereto are firmly bound to the Alabama Department of
				  Environmental Management (hereinafter, "the Department"), in the above penal
				  sum for the payment of which we bind ourselves, our heirs, executors,
				  administrators, successors and assigns jointly and severally; provided that,
				  where the Surety(ies) are corporations acting as co-sureties, we, the Sureties,
				  bind ourselves in such sum "jointly and severally" only for the purpose of
				  allowing a joint action or actions against any or all of us, and for all other
				  purposes each Surety binds itself, jointly and severally with the Principal,
				  for the payment of such sum only as is set forth opposite the name of such
				  Surety, but if no limit of liability is indicated, the limit of liability shall
				  be the full amount of the penal sum.
Whereas said Principal is required, under the Alabama
				  Hazardous Wastes Management and Minimization Act of 1978, as amended (AHWMMA),
				  to have a permit in order to transport hazardous waste, and
Whereas said Principal is required by
Code of
				  Ala. 1975
, §
												22-30-12(c)(4) to
				  provide financial assurance for compliance with the AHWMMA, the regulations
				  promulgated thereunder, the permit issued to the Principal and any orders
				  issued to the Principal by the Department, and for damages to human health and
				  the environment, including the costs of cleanups caused by spills.
Now, therefore, the conditions of this obligation are such
				  that if the Principal shall faithfully comply with the AHWMMA, the regulations
				  promulgated thereunder, the permit issued to the Principal, any order(s) issued
				  to the Principal by the Department, and correct any damages to human health or
				  the environment, including the cleanup of spills as approved by the Department
				  for the term of the permit issued to the Principal and the Surety(ies) gives
				  notice of intent not to renew this Performance Bond not less than 90 days prior
				  to the expiration of the permit issued to the Principal,
Or, if the Principal shall provide alternate financial
				  assurance as specified in Rule
				  335-14-4-.04(1)
				  -(b) or (c) of the Alabama Department of Environmental Management
				  Administrative Code and obtain the Department's written approval of such
				  assurance within 90 days after the date notice of cancellation is received by
				  both the Principal and the Department from the Surety(ies) then this obligation
				  shall be null and void, otherwise it is to remain in full force and
				  effect.
The Surety(ies) shall become liable on this bond obligation
				  only when the Principal has failed to fulfill the conditions described
				  above.
Upon notification by the Department that the Principal has
				  been found in violation of the AHWMMA, the regulations promulgated thereunder,
				  the permit issued to the Principal or any order(s) issued to the Principal for
				  activities regulated pursuant to the AHWMMA, the Surety(ies) shall correct the
				  violation, including the cost of any remedial action, and pay any penalties
				  assessed by the Department against the Principal or shall within 15 days after
				  notification by the Department, pay to the Department the amount designated as
				  the total penal sum of the bond or such amount as remains if previous
				  violations have been assessed against this bond.
The Surety(ies) hereby waive(s) notification of amendments to
				  permits, applicable laws and regulations and agrees that no such amendment
				  shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by
				  any payment or succession of payments hereunder, unless and until such payment
				  or payments shall amount in aggregate to the penal sum of the bond, but in no
				  event shall the obligation of the Surety(ies) hereunder exceed the amount of
				  said penal sum.
In Witness Whereof, The Principal and Surety(ies) have
				  executed this Performance Bond and have affixed their seals on the date set
				  forth above.
The persons whose signatures appear below hereby certify that
				  they are authorized to execute this surety bond on behalf of the Principal and
				  Surety(ies) and that the wording of this surety bond is identical to the
				  wording specified in Rule
				  335-14-4-.04(1)(a)
				  of the Alabama Department of Environmental Management Administrative Code as
				  such rule was constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)] _________________________
[Name(s)] _________________________
[Title(s)] _________________________
[Corporate seal] _________________________
CORPORATE SURETY(IES)
[Name and address]
				  _________________________________________
State of incorporation:
				  _______________________________________
Liability limit:
				  $_____________________________________________
[Signature(s)] _______________________________________
[Name(s) and title(s)]
				  _______________________________________
[Corporate seal]
				  _______________________________________
[For every co-surety provide the above required information,
				  signature(s) and corporate seal.]
Bond premium:
				  $_______________________________________________
3. The amount of the surety bond for
				environmental restoration shall be established as follows:
(i) Transporters proposing to transport
				liquid or flammable solid hazardous wastes shall be required to provide a
				surety bond in an amount equal to $50,000 per vehicle transporting such wastes
				to a maximum of $1,000,000 or proof of net worth as provided in
				335-14-4-.04(1)(b);
(ii) Transporters proposing to transport
				nonflammable solid hazardous wastes shall be required to provide a surety bond
				in an amount equal to $25,000 per vehicle transporting such wastes to a maximum
				of $1,000,000 or proof of net worth as provided in
				335-14-4-.04(1)(b);
				and
(iii) If the assurance surety
				bond is drawn upon, the Department may require additional assurance from the
				permittee and if the permittee fails to provide the assurance as required, the
				Department may terminate the permit as set out in
				335-14-8-.11(2).