Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-36 - Wording of instrument; hazardous waste facility certificate of liability insurance

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC 13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 36.
A certificate of liability insurance, as required in section
				  24 of this rule or
				  329 IAC
				  3.1-15-8 (see
				  329 IAC
				  3.1-15-10(j) ), must be worded as
				  follows except that the instructions in brackets are to be replaced with the
				  relevant information and the brackets deleted:
Hazardous Waste Facility Certificate of Liability
				  Insurance
1. [Name of Insurer], [the
				"Insurer"], of [address of Insurer] hereby certifies that it has issued
				liability insurance covering bodily injury and property damage to [name of
				Insured], [the "Insured"], of [address of Insured] in connection with the
				Insured's obligation to demonstrate financial responsibility under
				329 IAC
				3.1-14-24 or
				329 IAC
				3.1-15-8. The coverage applies at [list U.S EPA
				identification number, name, and address for each facility] for [insert "sudden
				accidental occurrences", "nonsudden accidental occurrences", or "sudden and
				nonsudden accidental occurrences". If coverage is for multiple facilities and
				the coverage is different for different facilities, indicate which
				facility(ies) are insured for sudden accidental occurrences, which are insured
				for nonsudden accidental occurrences, and which are insured for both]. The
				limits of liability are [insert the dollar amount of the "each occurrence" and
				"annual aggregate" limits of the Insurer's liability], exclusive of legal
				defense costs. The coverage is provided under policy number _______, issued on
				[date]. The effective date of said policy is [date].
2. The Insurer further certifies the
				following with respect to the insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the Insured
				shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of
				amounts within any deductible applicable to the policy, with a right of
				reimbursement by the Insured for any such payment made by the Insurer. This
				provision does not apply with respect to the amount of any deductible for which
				coverage is demonstrated as specified in
				329 IAC 3.1-14-24(f)
				 or
				329 IAC
				3.1-15-8(e).
(c) Whenever requested by the commissioner of
				the Department of Environmental Management of the State of Indiana (IDEM), the
				Insurer agrees to furnish to the IDEM commissioner a signed duplicate original
				of the policy and all endorsements.
(d) Cancellation of the insurance, whether by
				the Insurer or the Insured, a parent corporation providing insurance coverage
				for its subsidiary, or a firm having an insurable interest in and obtaining
				liability insurance on behalf of the owner or operator of the hazardous waste
				management facility, will be effective only upon written notice and only after
				the expiration of sixty (60) days after a copy of such written notice is
				received by the IDEM commissioner.
(e) Any other termination of the insurance
				will be effective only upon written notice and only after the expiration of
				thirty (30) days after a copy of such written notice is received by the IDEM
				commissioner.
I hereby certify that the wording of this instrument is
				  identical to the wording specified in 329 IAC 3.1-14-36 as such rule was
				  constituted on the date first above written, and that the Insurer is licensed
				  to transact the business of insurance, or eligible to provide insurance as an
				  excess or surplus lines insurer, in one (1) or more states.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized representative of [name of
				  Insurer]
[Address of representative]