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 J

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Irrevocable Standby Letter of Credit
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Dear Sir or Madam: We hereby establish our Irrevocable
						Standby Letter of Credit No. ____ in the favor of ["any and all third-party
						liability claimants" or insert name of trustee of the standby trust fund], at
						the request and for the account of [owner or operator's name and address] for
						third-party liability awards or settlements up to [in words] U.S. dollars $____
						per occurrence and the annual aggregate amount of [in words] U.S. dollars
						$____, for sudden accidental occurrences and/or for third-party liability
						awards or settlements up to the amount of [in words] U.S. dollars $____ -----
						per occurrence, and the annual aggregate amount of [in words] U.S. dollars
						$____, for nonsudden accidental occurrences available upon presentation of a
						sight draft bearing reference to this letter of credit No. ____, and [insert
						the following language if the letter of credit is being used without a standby
						trust fund: (1) a signed certificate reading as follows]:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and
						[insert name and address of third party claimant(s)], hereby certify that the
						claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
						accidental occurrence arising from operations of [principal's] facility should
						be paid in the amount of $[insert amount]. We hereby certify that the claim
						does not apply to any of the following:
(a) Bodily injury or property damage for which [insert
						principal] is obligated to pay damages by reason of the assumption of liability
						in a contract or agreement. This exclusion does not apply to liability for
						damages that [insert principal] would be obligated to pay in the absence of the
						contract or agreement.
(b) Any obligation of [insert principal] under a workers'
						compensation, disability benefits, or unemployment compensation law or any
						similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and
						in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother, or sister of that
						employee as a consequence of, or arising from, and in the course of employment
						by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an
						employer or in any other capacity; and
(B) To any obligation to share damages with or repay
						another person who must pay damages because of the injury to persons identified
						in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the
						ownership, maintenance, use, or entrustment to others of any aircraft, motor
						vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert
						principal];
(2) Premises that are sold, given away, or abandoned by
						[insert principal] if the property damage arises out of any part of those
						premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody, or control of
						[insert principal];
(5) That particular part of real property on which
						[insert principal] or any contractors or subcontractors working directly or
						indirectly on behalf of [insert principal] are performing operations, if the
						property damage arises out of these operations.
[Signatures]
Grantor
[Signatures]
Claimant(s)
or (2) a valid final court order establishing a judgment
						against the Grantor for bodily injury or property damage caused by sudden or
						nonsudden accidental occurrences arising from the operation of the Grantor's
						facility or group of facilities.
This letter of credit is effective as of [date] and shall
						expire on [date at least one year later], but such expiration date shall be
						automatically extended for a period of [at least one year] on [date and on each
						successive expiration date, unless, at least one hundred twenty (120) days
						before the current expiration date, we notify you, the Department, and [owner's
						or operator's name] by certified mail that we have decided not to extend this
						letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in
						compliance with the terms of this credit, we shall duly honor such draft upon
						presentation to us.
[Insert the following language if a standby trust fund is
						not being used: "In the event that this letter of credit is used in combination
						with another mechanism for liability coverage, this letter of credit shall be
						considered [insert "primary" or "excess" coverage]."
We certify that the wording of this letter of credit is
						identical to the wording specified in section 261.151 Appendix J as such
						regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing
						institution] [Date].
This credit is subject to [insert "the most recent
						edition of the Uniform Customs and Practice for Documentary Credits, published
						and copyrighted by the International Chamber of Commerce," or "the Uniform
						Commercial Code"].