North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-104 - Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Current through Supplement No. 393, July, 2024
1. Within ten days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy) United States Code, naming an owner or operator as debtor, the
				owner or operator must notify the department by certified mail of such
				commencement and submit the appropriate forms listed in subsection 2 of section
				33.1-24-08-101 documenting
				current financial responsibility.
2. Within ten days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy) United States
				Code, naming a guarantor providing financial assurance as debtor, such
				guarantor must notify the owner or operator by certified mail of such
				commencement as required under the terms of the guarantee specified in section
				33.1-24-08-86.
3. Within ten days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy) United States
				Code, naming a local government owner or operator as debtor, the local
				government owner or operator must notify the department by certified mail of
				such commencement and submit the appropriate forms listed in subsection 2 of
				section 33.1-24-08-101 documenting
				current financial responsibility.
4. Within ten days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy) United States
				Code, naming a guarantor providing a local government financial assurance as
				debtor, such guarantor must notify the local government owner or operator by
				certified mail of such commencement as required under the terms of the
				guarantee specified in section
				33.1-24-08-96.
5. An owner or operator who obtains financial
				assurance by a mechanism other than the financial test of self-insurance will
				be deemed to be without the required financial assurance in the event of a
				bankruptcy or incapacity of its provider of financial assurance, or a
				suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, risk retention group coverage
				policy, surety bond, letter of credit, or state-required mechanism. The owner
				or operator must obtain alternate financial assurance as specified in sections
				33.1-24-08-80 through
				33.1-24-08-106 within thirty
				days after receiving notice of such an event. If the owner or operator does not
				obtain alternate coverage within thirty days after such notification, the owner
				or operator must notify the department.
6. Within thirty days after receipt of
				notification that a state fund or other state assurance has become incapable of
				paying for assured corrective action or third-party compensation costs, the
				owner or operator must obtain alternate financial assurance.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19