Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 287.372 - Conditions of insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						  for operators of residual waste land application sites under Chapter 291
						  (relating to land application of residual waste), the operator shall maintain a
						  comprehensive general liability insurance policy during operation of the
						  facility and until the Department issues a final closure certification under
						  this chapter which satisfies the following conditions:
(1) The commercial insurance provided to
						  satisfy the public liability insurance requirement of this section shall follow
						  the standard commercial or comprehensive general liability policy forms
						  approved by the Insurance Department, and shall include coverage for property
						  damage and bodily injury to third persons.
(2) The insurance policy shall specify that
						  per occurrence and aggregate limits apply to property damage and bodily injury
						  combined.
(i) For coverage which is exclusive
						  of legal defense costs, the minimum amount of coverage for property damage and
						  bodily injury combined shall be $500,000 per occurrence, with an annual
						  aggregate of $1,000,000.
(ii) For
						  coverage which is inclusive of legal defense costs, the minimum amount of
						  coverage for property damage and bodily injury combined shall be $500,000 per
						  occurrence, with an annual aggregate of $1,000,000 which shall be reserved for
						  the payment of claims. The minimum amounts of coverage reserved for the payment
						  of claims may not be reduced for legal defense or claims administration
						  costs.
(3) Each insurance
						  policy shall be issued by an insurer having a Certificate of Authority and a
						  licensed agent authorized to transact the business of insurance in this
						  Commonwealth by the Insurance Department. Insurance may be provided by an
						  excess or surplus lines insurer approved by the insurance Department.
(4) The full policy amount shall be
						  applicable to each facility covered and operated by the operator. There may be
						  no proration of the policy amount of coverage among facilities.
(5) The insurance policy shall provide that
						  the insurer shall notify the Department by certified mail whenever a
						  substantive change is made in the policy, including policy amounts, scope of
						  coverage, tail period, claims procedures, definitions of occurrences or claims,
						  or another provision related to this subchapter.
(6) The amount of coverage provided for
						  property damage and bodily injury may be exclusive or inclusive of legal
						  defense costs.
(7) The insurance
						  policy shall provide for the payment of claims up to the full amount of
						  coverage required under this subchapter, regardless of a deductible amount
						  applicable to the policy. If the policy provides the insurer with a right of
						  reimbursement by the insured for payment of a deductible amount, the policy
						  shall provide that the insurer shall be liable for payment of the deductible
						  amounts. If the policy does not provide the insurer with a right of
						  reimbursement or similar method of recoupment, the insured shall provide
						  additional coverage amounts to meet the requirements of this subsection by the
						  purchase of excess coverage for the deductible amounts.