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 14-38 - Wording of instrument; surety bond for liability coverage

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. 38.
A surety bond, as required in section 24(i) of this rule or
				  329 IAC 3.1-15-8(h)
				   (see
				  329 IAC
				  3.1-15-10(l)), must be worded as
				  follows except that the instructions in brackets are to be replaced with the
				  relevant information and the brackets deleted: Payment Bond
Surety Bond No. [insert number]
Parties: [insert name and address of owner or operator],
				  Principal, incorporated in [insert state of incorporation] of [insert city and
				  state of Principal's place of business] and [insert name and address of Surety
				  Company or Companies], Surety Company or Companies, of [insert Surety's or
				  Sureties' place of business].
U.S EPA identification number, name, and address for each
				  facility guaranteed by this bond:________________
For Sudden Accidental Occurrences:
Penal Sum Per Occurrence: [insert amount]
Annual Aggregate: [insert amount]
For Nonsudden Accidental Occurrences:
Penal Sum Per Occurrence: [insert amount]
Annual Aggregate: [insert amount]
Purpose: This is an agreement between the Surety or Sureties
				  and the Principal under which the Surety or Sureties, its successors and
				  assignees, agree to be responsible for the payment of claims against the
				  Principal for bodily injury, property damage, or bodily injury and property
				  damage to third parties caused by ["sudden", "nonsudden", or "sudden and
				  nonsudden"] accidental occurrences arising from operations of the facility or
				  group of facilities in the sums prescribed herein and subject to the governing
				  provisions and the following conditions:
Governing provisions as follows:
1. Section 3004 of the Resource Conservation
				and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid
Waste Amendments of 1984, as amended,
				  42 U.S.C. Section
				  6901, et seq.
2.
									329 IAC
				3.1-14-24,
				329 IAC
				3.1-15-8, or
				329 IAC
				3.1-14-24 and
				329 IAC
				3.1-15-8.
Conditions as follows:
1. The Principal is subject to the applicable
				governing provisions that require the Principal to have and to maintain
				liability coverage for bodily injury and property damage to third parties
				caused by ["sudden", "nonsudden", or "sudden and nonsudden"] accidental
				occurrences arising from operations of the facility or group of facilities.
				Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for
				which [insert Principal] is obligated to pay damages by reason of the
				assumption of liability in a contract or agreement. This exclusion does not
				apply to liability for damages that [insert Principal] would be obligated to
				pay in the absence of the contract or agreement.
(b) Any obligation of [insert Principal]
				under workers' compensation, disability benefits, unemployment compensation
				law, or any similar law.
(c) Bodily
				injury to:
(i) an employee of [insert
				Principal] arising from and in the course of employment by [insert Principal];
				or
(ii) the spouse, child, parent,
				brother, or sister of that employee as a consequence of, or arising from, and
				in the course of employment by [insert Principal].
This exclusion applies whether [insert Principal] may be
				  liable as an employer or in any other capacity and applies to any obligation to
				  share damages with or repay another person who shall pay damages because of the
				  injury to persons identified in this paragraph.
(d) Bodily injury or property damage arising
				out of the ownership, maintenance, use, or entrustment to others of any
				aircraft, motor vehicle, or watercraft.
(e) Property damage to any of the following:
(i) Any property owned, rented, or occupied
				by [insert Principal].
(ii)
				Premises that are sold, given away, or abandoned by [insert Principal] if the
				property damage arises out of any part of those premises.
(iii) Property loaned to [insert
				Principal].
(iv) Personal property
				in the care, custody, or control of [insert Principal].
(v) That particular part of real property on
				which [insert Principal] or any contractors or subcontractors working directly
				or indirectly on behalf of [insert Principal] are performing operations if the
				property damage arises out of these operations.