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 33.1-24-08-101 - 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
				33.1-24-08-80 through
				33.1-24-08-106 for an
				underground storage tank until released from the requirements of sections
				33.1-24-08-80 through
				33.1-24-08-106 under section
				33.1-24-08-103. 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
				33.1-24-08-85 through
				33.1-24-08-90, or section
				33.1-24-08-92, or sections
				33.1-24-08-94 through
				33.1-24-08-97, 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 year-end 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
				33.1-24-08-96 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 33.1-24-08-94 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
				33.1-24-08-96, where the
				guarantor's demonstration of financial responsibility relies on the bond rating
				test under section
				33.1-24-08-94 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
				33.1-24-08-91;
i. An owner or operator using a local
				government fund under section
				33.1-24-08-97 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)
				Year-end 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
				33.1-24-08-97 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
				33.1-24-08-97 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
				33.1-24-08-97, or attestation by
				the state attorney general as specified under subdivision b of subsection 3 of
				section 33.1-24-08-97;
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 year-end 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
				33.1-24-08-85 through
				33.1-24-08-97 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
				  33.1-24-08-80 through
				  33.1-24-08-106.
The financial assurance mechanism(s) used to demonstrate
				  financial responsibility under sections
				  33.1-24-08-80 through
				  33.1-24-08-106 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).