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 K

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator],
						Principal, incorporated in [Insert state of incorporation] of [Insert city and
						state of principal place of business] and [Insert name and address of surety
						company(ies)], Surety Company(ies), of [Insert surety(ies) place of
						business].
EPA Identification Number (if any issued),
									 name, and address for each facility guaranteed by this bond:
Sudden accidental occurrences
Nonsudden accidental occurrences
Penal Sum Per Occurrence
[insert amount] [insert amount]
Annual Aggregate
[insert amount] [insert amount]
Purpose: This is an agreement between the Surety(ies) and
						the Principal under which the Surety(ies), its(their) successors and assignees,
						agree to be responsible for the payment of claims against the Principal for
						bodily injury and/or property damage to third parties caused by ["sudden"
						and/or "nonsudden"] accidental occurrences
arising from operations of the facility or group of
						facilities in the sums prescribed herein; subject to the governing provisions
						and the following conditions.
Governing Provisions:
(1) SC Hazardous Waste Management Act 44-56 et seq. and
						section 3004 of the Resource Conservation and Recovery Act of 1976, as
						amended.
(2) Rules and regulations of the U.S. Environmental
						Protection Agency (EPA), particularly 40 CFR parts 264, 265, and subpart H of
						40 CFR part 261 (if applicable).
(3) Rules and regulations of the South Carolina
						Department of Health and Environmental Control, particularly R.61-79.264, 265,
						and subpart H of R.61-79.261.
Conditions:
(1) The Principal is subject to the applicable governing
						provisions that require the Principal to have and maintain liability coverage
						for bodily injury and property damage to third parties caused by ["sudden"
						and/or "nonsudden"] accidental occurrences arising from operations of the
						facility or group of facilities. Such obligation 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 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.
(2) This bond assures that the Principal will satisfy
						valid third party liability claims, as described in condition 1.
(3) If the Principal fails to satisfy a valid third party
						liability claim, as described above, the Surety(ies) becomes liable on this
						bond obligation.
(4) The Surety(ies) shall satisfy a third party liability
						claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party
						claimant(s) that the liability claim should be paid. The certification must be
						worded as follows, except that instructions in brackets are to be replaced with
						the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of 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 operating [Principal's] facility
						should be paid in the amount of $[insert amount].
[Signature]
Principal
[Notary] Date
[Signature(s)]
Claimant(s) [Notary]
Date
or (b) A valid final court order establishing a judgment
						against the Principal for bodily injury or property damage caused by sudden or
						nonsudden accidental occurrences arising from the operation of the Principal's
						facility or group of facilities.
(5) In the event of combination of this bond with another
						mechanism for liability coverage, this bond will be considered [insert
						"primary" or "excess"] coverage.
(6) The liability of the Surety(ies) shall not be
						discharged by any payment or succession of payments hereunder, unless and until
						such payment or payments shall amount in the aggregate to the penal sum of the
						bond. In no event shall the obligation of the Surety(ies) hereunder exceed the
						amount of said annual aggregate penal sum, provided that the Surety(ies)
						furnish(es) notice to the Department forthwith of all claims filed and payments
						made by the Surety(ies) under this bond.
(7) The Surety(ies) may cancel the bond by sending notice
						of cancellation by certified mail to the Principal and the Department,
						provided, however, that cancellation shall not occur during the one hundred
						twenty (120) days beginning on the date of receipt of the notice of
						cancellation by the Principal and the Department, as evidenced by the return
						receipt.
(8) The Principal may terminate this bond by sending
						written notice to the Surety(ies) and to the Department.
(9) The Surety(ies) hereby waive(s) notification of
						amendments to applicable laws, statutes, rules, and regulations and agree(s)
						that no such amendment shall in any way alleviate its (their) obligation on
						this bond.
(10) This bond is effective from [insert date] (12:01
						a.m., standard time, at the address of the Principal as stated herein) and
						shall continue in force until terminated as described above.
IN WITNESS WHEREOF, the Principal and Surety(ies) have
						executed this Bond and have affixed their seals on the date set forth
						above.
The persons whose signatures appear below hereby certify
						that they are authorized to execute this surety bond on behalf of the Principal
						and Surety(ies) and that the wording of this surety bond is identical to the
						wording specified in section 261.151 Appendix K, as such regulations were
						constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:
Liability Limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate
						seal, and other information in the same manner as for Surety above.]
Bond premium: $