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 33.1-24-08-87 - nsurance and risk retention group coverage

Current through Supplement No. 393, July, 2024
1. An owner or
				operator may satisfy the requirements of section
				33.1-24-08-83 by obtaining
				liability insurance that conforms to the requirements of this section from a
				qualified insurer or risk retention group. Such insurance may be in the form of
				a separate insurance policy or an endorsement to an existing insurance
				policy.
2. Each insurance policy
				must be Adopted by an endorsement worded as specified in subdivision a, or
				evidenced by a certificate of insurance worded as specified in subdivision b,
				except that instructions in brackets must be replaced with the relevant
				information and the brackets deleted:
a.
				Endorsement
Name: [name of each covered location]_________
Address: [address of each covered location]______
Policy Number:_________
Period of Coverage: [current policy period]_________
Name of [insurer or risk retention group]:_________
Address of [insurer or risk retention
				  group]:_________
Name of Insured:_________
Address of Insured:_________
Endorsement:
1. This
				endorsement certifies that the policy to which the endorsement is attached
				provides liability insurance covering the following underground storage tanks:
[List the number of tanks at each facility and the name(s)
				  and address(es) of the facility(ies) where the tanks are located. If more than
				  one instrument is used to assure different tanks at any one facility, for each
				  tank covered by this instrument, list the tank identification number provided
				  in the notification submitted pursuant to section
				  33.1-24-08-12, and the name and
				  address of the facility.]
For [insert: "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"; in accordance with and subject to the limits of liability,
				  exclusions, conditions, and other terms of the policy; if coverage is different
				  for different tanks or locations, indicate the type of coverage applicable to
				  each tank or location] arising from operating the underground storage tank(s)
				  identified above.
The limits of liability are [insert the dollar amount of the
				  "each occurrence" and "annual aggregate" limits of the insurer's or group's
				  liability; if the amount of coverage is different for different types of
				  coverage or for different underground storage tanks or locations, indicate the
				  amount of coverage for each type of coverage and/or for each underground
				  storage tank or location], exclusive of legal defense costs, which are subject
				  to a separate limit under the policy. This coverage is provided under [policy
				  number]. The effective date of said policy is [date].
2. 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 inconsistent with subsections a through
				e of this paragraph are hereby amended to conform with subsections a through e;
a. Bankruptcy or insolvency of the insured
				shall not relieve the ["insurer" or "group"] of its obligations under the
				policy to which this endorsement is attached.
b. The ["insurer" or "group"] is liable for
				the payment of amounts within any deductible applicable to the policy to the
				provider of corrective action or a damaged third party, with a right of
				reimbursement by the insured for any such payment made by the ["insurer" or
				"group"]. This provision does not apply with respect to that amount of any
				deductible for which coverage is demonstrated under another mechanism or
				combination of mechanisms as specified in sections
				33.1-24-08-85 through
				33.1-24-08-92 and
				33.1-24-08-97.
c. Whenever requested by the department, the
				["insurer" or "group"] agrees to furnish to the department a signed duplicate
				original of the policy and all endorsements.
d. Cancellation or any other termination of
				the insurance by the ["insurer" or "group"]; except for nonpayment of premium
				or misrepresentation by the insured, will be effective only upon written notice
				and only after the expiration of sixty days after a copy of such written notice
				is received by the insured. Cancellation for nonpayment of premium or
				misrepresentation by the insured will be effective only upon written notice and
				only after expiration of a minimum of ten days after a copy of such written
				notice is received by the insured.
[Insert for claims-made policies:
e. The insurance covers claims otherwise
				covered by the policy that are reported to the ["insurer" or "group"] within
				six months of the effective date of cancellation or nonrenewal of the policy
				except where the new or renewed policy has the same retroactive date or a
				retroactive date earlier than that of the prior policy, and which arise out of
				any covered occurrence that commenced after the policy retroactive date, if
				applicable, and prior to such policy renewal or termination date. Claims
				reported during such extended reporting period are subject to the terms,
				conditions, limits, including limits of liability, and exclusions of the
				policy.]
I hereby certify that the wording of this instrument is
				  identical to the wording in subdivision a of subsection 2 of section
				  33.1-24-08-87 and that the ["insurer" or "group"] 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"].
[Signature of authorized representative of insurer or risk
				  retention group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name
				  of insurer or risk retention group]
[Address of representative]