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 H

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 Liability Endorsement
1. This endorsement certifies that the policy to which
						the endorsement is attached provides liability insurance covering bodily injury
						and property damage in connection with the insured's obligation to demonstrate
						financial responsibility under section 261.147. 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.
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 of the policy inconsistent with
						subsections (a) through (e) of this Paragraph 2 are hereby amended to conform
						with subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not
						relieve the Insurer of its obligations under the policy to which this
						endorsement is attached.
(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(f).
(c) Whenever requested by the Department, the Insurer
						agrees to furnish to the Department a signed duplicate original of the policy
						and all endorsements.
(d) Cancellation of this endorsement, 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 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 this endorsement 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.
Attached to and forming part of policy No. __ issued by
						[name of Insurer], herein called the Insurer, of
[address of Insurer] to [name of insured] of [address]
						this ________ day of ________ , 20__. The effective date of said policy is
						________ day of ________ , 20__.
I hereby certify that the wording of this endorsement is
						identical to the wording specified in section 261.151 Appendix H 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]