North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1067 - Liability requirements

Current through Supplement No. 393, July, 2024
1. Coverage
				  for sudden accidental occurrences. An owner or operator of a hazardous waste
				  treatment or storage facility, or a group of such facilities, must demonstrate
				  financial responsibility for bodily injury and property damage to third parties
				  caused by sudden accidental occurrences arising from operations of the facility
				  or group of facilities. The owner or operator must have and maintain liability
				  coverage for sudden accidental occurrences in the amount of at least one
				  million dollars per occurrence with an annual aggregate of at least two million
				  dollars, exclusive of legal defense costs. This liability coverage may be
				  demonstrated as specified in subdivisions a through g:
a. Trust fund for liability coverage. An
				  owner or operator may meet the requirements of this section by obtaining a
				  trust fund for liability coverage as specified in subsection 10 of section
				  33-24-05-79.
b. Surety bond for liability coverage. An
				  owner or operator may meet the requirements of this section by obtaining a
				  surety bond for liability coverage as specified in subsection 9 of section
				  33-24-05-79.
c. Letter of credit for liability coverage.
				  An owner or operator may meet the requirements of this section by obtaining a
				  letter of credit for liability coverage as specified in subsection 8 of section
				  33-24-05-79.
d. Insurance for liability coverage. An owner
				  or operator may meet the requirements of this section by obtaining liability
				  insurance as specified in subdivision a of subsection 1 of section
				  33-24-05-79.
e. Financial test for liability coverage. An
				  owner or operator may meet the requirements of this section by passing a
				  financial test as specified in subsection 6.
f. Guarantee for liability coverage. An owner
				  or operator may meet the requirements of this section by obtaining a guarantee
				  as specified in subsection 7.
g.
				  Combination of mechanisms. An owner or operator may demonstrate the required
				  liability coverage through the use of combinations of mechanisms as allowed by
				  subdivision f of subsection 1 of section
				  33-24-05-79.
h. An owner or operator shall notify the
				  department in writing within thirty days whenever:
(1) A claim results in a reduction in the
				  amount of financial assurance for liability coverage provided by a financial
				  instrument authorized in subdivisions a through g;
(2) A certification of valid claim for bodily
				  injury or property damages caused by a sudden accidental occurrence arising
				  from the operation of a hazardous waste treatment, storage, or disposal
				  facility is entered between the owner or operator and third-party claimant for
				  liability coverage under subdivisions a through g; or
(3) A final court order establishing a
				  judgment for bodily injury or property damage caused by a sudden accidental
				  occurrence arising from the operation of a hazardous waste treatment, storage,
				  or disposal facility is issued against the owner or operator or an instrument
				  that is providing financial assurance for liability coverage under subdivisions
				  a through g.