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 14-35 - Wording of instrument; hazardous waste facility liability endorsement form

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. 35.
A hazardous waste facility liability endorsement, as
				  required in section 24 of this rule or 329 IAC 3.1 15-8,
				  329 IAC
				  3.1-15-10(i) ), must be worded as
				  follows except that instructions in brackets are to be replaced with the
				  relevant information and the brackets deleted:
Hazardous Waste Facility Liability Endorsement
1. This endorsement certifies that the policy
				to which the endorsement is attached provides liability insurance covering
				bodily injury and property damage 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 facilities
				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.
2. The insurance afforded
				with respect to such occurrence is subject to all of the terms and conditions
				of the policy; provided, however, that any provisions of the policy
				inconsistent with this paragraph are hereby amended to conform with the
				following:
(a) Bankruptcy or insolvency of
				the insured shall not relieve the Insurer of its obligations under the policy
				to which this endorsement is attached.
(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 in accordance with
				329 IAC
				3.1-14-24 or
				329 IAC
				3.1-15-8.
(c) Whenever requested by the commissioner of
				the Indiana Department of Environmental Management (IDEM), the Insurer agrees
				to furnish to the IDEM commissioner a signed duplicate original of the policy
				and all endorsements.
(d)
				Cancellation of this endorsement, 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 this endorsement 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.
Attached to and forming part of policy number _____ issued by
				  [name of Insurer], herein called the Insurer, of
[address of Insurer] to [name of insured] of [address] this
				  _____ day of _____, [year]. The effective date of said policy is _____ day of
				  ____, [year].
I hereby certify that the wording of this endorsement is
				  identical to the wording specified in 329 IAC 3.1-14-35 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]