Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.908 - Liability Requirements

Current through Register 1525, July 5, 2024
(1)
Coverage for sudden accidental occurrences
. An owner
				or operator of a hazardous waste treatment, storage, or disposal facility, or a
				group of such facilities in Massachusetts, shall demonstrate assurance of
				financial responsibility for bodily injury and property damage to third parties
				caused by each sudden accidental occurrence arising from operation of the
				facility(ies). The owner or operator of each facility shall have and
				continuously maintain such coverage using either the options specified in 310
				CMR 30.908(1)(a) through (d) or the options specified in
				310
				CMR 30.910. The options specified in 310 CMR
				30.908(1)(a) through (d) may be used by the owner or operator of a facility, or
				a group of such facilities in Massachusetts, provided that the use of such
				options shall be subject to the provisions of 310 CMR 30.908(5), (6), and (7).
				The options specified in
				310
				CMR 30.910 may be used by the owner or
				operator of each facility, provided that the use of such options shall be
				subject to the provisions of
				310
				CMR 30.910. If the owner or operator of a
				facility, or a group of such facilities in Massachusetts, uses the options
				specified in 310 CMR 30.908(1)(a) through (d), said owner or operator, subject
				to the provisions of 310 CMR 30.908(3), (4), and (5), shall have and
				continuously maintain coverage for sudden accidental occurrences in the amount
				of at least $3-million per each sudden accidental occurrence with an annual
				aggregate of at least $6-million, exclusive of legal defense costs. If the
				owner or operator of a facility uses the options specified in
				310
				CMR 30.910, said owner or operator shall have
				and continuously maintain coverage for sudden accidental occurrences in the
				amount set forth in
				310
				CMR 30.910. Unless such assurance of
				financial responsibility is demonstrated entirely by liability insurance in
				compliance with 310 CMR 30.908(1)(a), the owner or operator shall also obtain
				and maintain in effect a contract with a Claims Administrator in compliance
				with 310 CMR 30.908(1)(e). As used in 310 CMR 30.908(1), the term "Claims
				Administrator" shall mean a person who shall be responsible for the processing
				and administration of all requests to make payments from a trust fund, standby
				trust fund, surety bond, or letter of credit pursuant to 310 CMR 30.908(1). The
				owner or operator of each facility shall give notice to both the Department and
				the Claims Administrator of every claim for bodily injury and/or property
				damage caused by a sudden accidental occurrence or occurrences arising from the
				operation of the facility(ies). The owner or operator of each facility shall
				give such notice to both the Department and the Claims Administrator as soon as
				possible and in any event no later than 30 days after learning of such claim.
				The owner or operator of each facility shall give notice to both the Department
				and the Claims Administrator of every judgment against the owner or operator
				for bodily injury and/or property damage caused by a sudden accidental
				occurrence or occurrences arising from the operation of the facility. The owner
				or operator of each facility shall give such notice to both the Department and
				the Claims Administrator as soon as possible and in any event no later than 30
				days after learning of said judgment. The owner or operator of each facility
				shall submit to the Department a copy of every judgment against the owner or
				operator for bodily injury and/or property damage caused by a sudden accidental
				occurrence or occurrences arising from the operation of the facility. The owner
				or operator of each facility shall submit a copy of such judgment to the
				Department as soon as possible and in any event no later than 30 days after
				receiving a copy thereof.
(a) An owner or
				operator may demonstrate the required coverage by having liability insurance,
				as specified in
				310 CMR 30.901(2) or
				(6), which conforms to 310 CMR 30.908(1)(a).
1. Each liability insurance policy shall
				include a Hazardous Waste Facility Liability Endorsement (the "endorsement")
				and may be evidenced by a Certificate of Liability Insurance. The wording of
				the endorsement shall be identical to the wording specified in
				310 CMR
				30.909(6). The wording of
				the certificate of insurance shall be identical to the wording specified in
				310 CMR
				30.909(7). The owner or
				operator shall submit a signed duplicate original of the endorsement or the
				certificate of liability insurance to the Department. If requested by the
				Department, the owner or operator shall provide a signed duplicate original of
				the liability insurance policy. An owner or operator of a facility shall submit
				the signed duplicate original of the Hazardous Waste Facility Liability
				Endorsement or the Certificate of Liability Insurance to the Department within
				the applicable period prescribed in
				310 CMR 30.901(2) or
				(6).
2. At a minimum, the insurer shall be
				licensed to transact the business of insurance in Massachusetts, or authorized
				to provide insurance as an excess or surplus lines insurer in Massachusetts, or
				a risk retention group lawfully providing insurance to its members in
				Massachusetts.