North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-101 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. Owners or operators must maintain evidence
				of all financial assurance mechanisms used to demonstrate financial
				responsibility under sections
				33-24-08-80 through 33-24-08-106
				for an underground storage tank until released from the requirements of
				sections 33-24-08-80 through 33-24-08-106
				under section
				33-24-08-103. An owner or operator
				must maintain such evidence at the underground storage tank site or the owner's
				or operator's place of business. Records maintained offsite must be made
				available upon request of the department.
2. An owner or operator must maintain the
				following types of evidence of financial responsibility:
a. An owner or operator using an assurance
				mechanism specified in sections
				33-24-08-85 through 33-24-08-90,
				or section
				33-24-08-92, or sections
				33-24-08-94 through
				33-24-08-97, must maintain a copy
				of the instrument worded as specified;
b. An owner or operator using a financial
				test or guarantee, or a local government financial test, or a local government
				guarantee supported by a local government financial test, must maintain a copy
				of the chief financial officer's letter based on yearend financial statements
				for the most recent completed financial reporting year. Such evidence must be
				on file no later than one hundred twenty days after the close of the financial
				reporting year;
c. An owner or
				operator using a guarantee, surety bond, or letter of credit must maintain a
				copy of the signed standby trust fund agreement and copies of any amendments to
				the agreement;
d. A local
				government owner or operator using a local government guarantee under
				subsection 4 of section
				33-24-08-96 must maintain a copy
				of the signed standby trust fund agreement and copies of any amendments to the
				agreement;
e. A local government
				owner or operator using the local government bond rating test under section
				33-24-08-94 must maintain a copy
				of its bond rating published within the last twelve months by Moody's or
				Standard and Poor's;
f. A local
				government owner or operator using the local government guarantee under section
				33-24-08-96, where the guarantor's
				demonstration of financial responsibility relies on the bond rating test under
				section 33-24-08-94 must maintain a copy
				of the guarantor's bond rating published within the last twelve months by
				Moody's or Standard and Poor's;
g.
				An owner or operator using an insurance policy or risk retention group coverage
				must maintain a copy of the signed insurance policy or risk retention group
				coverage policy, with the endorsement or certificate of insurance and any
				amendments to the agreements;
h.
				An owner or operator covered by a state fund or other state assurance must
				maintain on file a copy of any evidence of coverage supplied by or required by
				the state under subsection 4 of section 33-24-08-91;
i. An owner or operator using a local
				government fund under section
				33-24-08-97 must maintain the
				following documents:
(1) A copy of the state
				constitutional provision or local government statute, charter, ordinance or
				order dedicating the fund;
(2)
				Yearend financial statements for the most recent completed financial reporting
				year showing the amount in the fund. If the fund is established under
				subsection 3 of section
				33-24-08-97 using incremental
				funding backed by bonding authority, the financial statements must show the
				previous year's balance, the amount of funding during the year, and the closing
				balance in the fund; and
(3) If
				the fund is established under subsection 3 of section
				33-24-08-97 using incremental
				funding backed by bonding authority, the owner or operator must also maintain
				documentation of the required bonding authority, including either the results
				of a voter referendum, under subdivision a of subsection 3 of section
				33-24-08-97, or attestation by the
				state attorney general as specified under subdivision b of subsection 3 of
				section 33-24-08-97;
j. A local government owner or operator using
				the local government guarantee supported by the local government fund must
				maintain a copy of the guarantor's yearend financial statements for the most
				recent completed financial reporting year showing the amount of the fund; or
k. An owner or operator using an
				assurance mechanism specified in sections
				33-24-08-85 through
				33-24-08-97 must maintain an
				updated copy of a certification of financial responsibility worded as follows,
				except that instructions in brackets are to be replaced with the relevant
				information and the brackets deleted:
Certification of Financial Responsibility
[Owner or operator] hereby certifies that it is in
				  compliance with the requirements of sections
				  33-24-08-80 through 33-24-08-106.
The financial assurance mechanism(s) used to demonstrate
				  financial responsibility under sections
				  33-24-08-80 through 33-24-08-106
				  is [are] as follows:
[For each mechanism, list the type of mechanism, name of
				  issuer, mechanism number (if applicable), amount of coverage, effective period
				  of coverage and whether the mechanism covers "taking corrective action" and/or
				  "compensating third parties for bodily injury and property damage caused by"
				  either "sudden accidental releases" or "nonsudden accidental releases" or
				  "accidental releases".]
[Signature of owner or operator]
[Name of owner or operator]
Title
Date
[Signature of witness or notary]
[Name of witness or notary]
Date
The owner or operator must update this certification
				  whenever the financial assurance mechanism(s) used to demonstrate financial
				  responsibility change(s).