Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400:7 - APPENDIX VII

Current through Register Vol. 40, No. 24, July 15, 2024
(NOTE: Instructions in brackets are to be replaced with
					 the relevant information and the brackets deleted.)
PAYMENT BOND FOR THIRD PARTY LIABILITY COVERAGE
Date bond executed:..........
Effective date:..........
Principal: [legal name and business address]
Type of organization: [insert "individual," "joint
					 venture," "partnership," or "corporation"]
State of incorporation:..........
Surety: [name and business address]
Vessels covered by this bond (see attached Schedule
					 A):..........
Penal sum of bond: $.....
Surety's bond number:..........
Purpose: This is an agreement between the Surety and the
					 Principal under which the Surety, its 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 accidental occurrences
					 arising from the transport of [insert "solid waste" or "regulated medical
					 waste"] by a covered vessel on the navigable waters of the Commonwealth in the
					 sums prescribed herein; subject to the governing provisions and the following
					 conditions.
Governing Provisions:
(1) Virginia Waste Management Act, Title
				  10.1, Code of Virginia (1950), as amended.
(2) Transportation of Solid and Medical
				  Wastes on State Waters, 9VAC20-170.
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 accidental occurrences arising from
				  the transport of [insert "solid waste" or "regulated medical waste"] by a
				  covered vessel on the navigable waters of the Commonwealth. 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 or motor vehicle.
(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.