Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter B - Appendices › Section IX-7395 - Financial Assurances Documents- Appendices A, B, C, D, E, F, G, H, I, and J [ Formerly Section 7135]

Current through Register Vol. 50, No. 6, June 20, 2024
NOTE: Within this Section,
affected
						person
means a commercial preparer of sewage sludge or a commercial
						land applier of biosolids, as applicable.
A. Appendix A-Liability Endorsement
[Insert, as applicable: "COMMERCIAL PREPARER OF SEWAGE
						SLUDGE" or "COMMERCIAL LAND APPLIER OF BIOSOLIDS"]
LIABILITY ENDORSEMENT
Secretary
Louisiana Department of Environmental Quality
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
Attention: Office of Environmental Services
Dear Sir:
(A).
					 This endorsement certifies that the policy to which the endorsement is attached
					 provides liability insurance covering bodily injury and property damage in
					 connection with [name of the insured, which must be the affected person or the
					 operator. (Note: The operator will provide the liability-insurance
					 documentation only when the affected person is a public governing body and the
					 public governing body is not the operator.)] The insured's obligation to
					 demonstrate financial assurance is required in accordance with Louisiana
					 Administrative Code (LAC), Title 33, Part IX.7307.A. The coverage applies at
					 [list site identification number, site name, facility name, facility permit
					 number, and facility address] for sudden and accidental occurrences. The limits
					 of liability are per occurrence, and annual aggregate, per site, exclusive of
					 legal-defense costs.
(B). The
					 insurance afforded with respect to such occurrences is subject to all of the
					 terms and conditions of the policy; provided, however, that any provisions of
					 the policy inconsistent with Subclauses (1)-(5), below, are hereby amended to
					 conform with Subclauses (1)-(5), below:
(1).
					 Bankruptcy or insolvency of the insured shall not relieve the insurer of its
					 obligations under the policy to which this endorsement is attached.
(2). 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 that amount of any deductible for
					 which coverage is demonstrated as specified in LAC
					 33:IX.7307.D.1.b-d.
(3). Whenever
					 requested by the administrative authority, the insurer agrees to furnish to the
					 administrative authority a signed duplicate original of the policy and all
					 endorsements.
(4). Cancellation of
					 this endorsement, whether by the insurer or the insured, will be effective only
					 upon written notice and upon lapse of 60 days after a copy of such written
					 notice is received by the administrative authority.
(5). Any other termination of this
					 endorsement will be effective only upon written notice and upon lapse of 30
					 days after a copy of such written notice is received by the administrative
					 authority.
(C). Attached
					 is the endorsement which forms part of the policy [policy number] issued by
					 [name of insurer], herein called the insurer, of [address of the insurer] to
					 [name of the insured] of [address of the insured], this [date]. The effective
					 date of said policy is [date].
(D).
					 I hereby certify that the wording of this endorsement is identical to the
					 wording specified in LAC 33:IX.7395.Appendix A, effective on the date first
					 written above 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 or more states, and is admitted, authorized, or eligible to
					 conduct insurance business in the State of Louisiana.
[Signature of authorized representative of
						insurer]
[Typed name of authorized representative of
						insurer]
[Title of authorized representative of insurer]
[Address of authorized representative of insurer]