South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix I

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Hazardous Secondary Material Reclamation/Intermediate
						Facility Certificate of Liability Insurance
1. [Name of Insurer], (the "Insurer"), of [address of
						Insurer] hereby certifies that it has issued liability insurance covering
						bodily injury and property damage to [name of insured], (the "insured"), of
						[address of insured] in connection with the insured's obligation to demonstrate
						financial responsibility under R.61-79.264, 265, and the financial assurance
						condition of section 261.4(a)(24)(vi)(F). The coverage applies at [list EPA
						Identification Number (if any issued), name, and address for each facility] for
						[insert "sudden accidental occurrences," "nonsudden accidental occurrences," or
						"sudden and nonsudden accidental occurrences"; if coverage is for multiple
						facilities and the coverage is different for different facilities, indicate
						which facilities are insured for sudden accidental occurrences, which are
						insured for nonsudden accidental occurrences, and which are insured for both].
						The limits of liability are [insert the dollar amount of the "each occurrence"
						and "annual aggregate" limits of the Insurer's liability], exclusive of legal
						defense costs. The coverage is provided under policy number, issued on [date].
						The effective date of said policy is [date].
2. The Insurer further certifies the following with
						respect to the insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured shall not
						relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts
						within any deductible applicable to the policy, with a right of reimbursement
						by the insured for any such payment made by the Insurer. This provision does
						not apply with respect to that amount of any deductible for which coverage is
						demonstrated as specified in section 261.147.
(c) Whenever requested by the South Carolina Department
						of Health and Environmental Control, hereafter referred to as the "Department,"
						the Insurer agrees to furnish to the Department a signed duplicate original of
						the policy and all endorsements.
(d) Cancellation of the insurance, whether by the
						insurer, the insured, a parent corporation providing insurance coverage for its
						subsidiary, or by a firm having an insurable interest in and obtaining
						liability insurance on behalf of the owner or operator of the hazardous waste
						management facility, will be effective only upon written notice and only after
						the expiration of sixty (60) days after a copy of such written notice is
						received by the Department.
(e) Any other termination of the insurance will be
						effective only upon written notice and only after the expiration of thirty (30)
						days after a copy of such written notice is received by the Department.
I hereby certify that the wording of this instrument is
						identical to the wording specified in section 261.151 Appendix I as such
						regulation was constituted on the date set forth above, and that the Insurer 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] [Type
						name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]