Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1093 - Appendix N-Local government guarantee without standby trust made by a state

Current through Register Vol. 24-14, July 15, 2024
Guarantee made this [date] by [name of state], herein
				  referred to as Guarantor, to the Washington State Department of Ecology and to
				  any and all third parties, and obliges, on behalf of [local government owner or
				  operator].
Recitals
1. Guarantor is a state.
2. [Local government owner or operator] owns
				or operates the following underground storage tank(s) covered by this
				Guarantee: [List the number of tanks at each facility and the name(s) and
				address(es) of the facility(ies) where the tanks are located. If more than one
				instrument is used to assure different tanks at any one facility, for each tank
				covered by this instrument, list the tank identification number provided in the
				notification submitted pursuant to WAC 173-360A-0200, and the name and address
				of the facility.] This Guarantee satisfies the requirements of Part 10 of
				chapter 173-360A WAC for assuring funding for [insert: "taking remedial action"
				and/or "compensating third parties for bodily injury and property damage caused
				by" either "sudden accidental releases" or "nonsudden accidental releases" or
				"accidental releases"; if coverage is different for different tanks or
				locations, indicate the type of coverage applicable to each tank or location]
				arising from operating the above-identified underground storage tank(s) in the
				amount of [insert: dollar amount] per occurrence and [insert: dollar amount]
				annual aggregate.
3. Guarantor
				guarantees to the Washington State Department of Ecology and to any and all
				third parties and obliges that:
a. In the
				event that [local government owner or operator] fails to provide alternate
				coverage within 60 days after receipt of a notice of cancellation of this
				Guarantee and the Washington State Department of Ecology has determined or
				suspects that a release has occurred at an underground storage tank covered by
				this Guarantee, the Guarantor, upon written instructions from the Department
				must make funds available to pay for remedial actions and compensate third
				parties for bodily injury and property damage in an amount not to exceed the
				coverage limits specified above.
b.
				In the event that the Department determines that [local government owner or
				operator] has failed to perform remedial action for releases arising out of the
				operation of the above-identified tank(s) in accordance with WAC 173-360A-0750,
				the Guarantor upon written instructions from the Department must make funds
				available to pay for remedial actions in an amount not to exceed the coverage
				limits specified above.
c. If
				[owner or operator] fails to satisfy a judgment or award based on a
				determination of liability for bodily injury or property damage to third
				parties caused by ["sudden" and/or "nonsudden"] accidental releases arising
				from the operation of the above-identified tank(s), or fails to pay an amount
				agreed to in settlement of a claim arising from or alleged to arise from such
				injury or damage, the Guarantor, upon written instructions from the Department,
				must make funds available to compensate third parties for bodily injury and
				property damage in an amount not to exceed the coverage limits specified
				above.