Section 329IAC3.1-14-36. Wording of instrument; hazardous waste facility certificate of liability insurance

   A certificate of liability insurance, as required in section 24 of this rule or 329 IAC 3.1-15-8 (see 329 IAC 3.1-15-10(j)), must be worded as follows except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Hazardous Waste Facility Certificate of Liability Insurance

1. [Name of Insurer], [the "Insurer"], of [address of Insurer] hereby certifies that it has issued liability insurance covering bodily injury and property damage to [name of Insured], [the "Insured"], of [address of Insured] in connection with the Insured's obligation to demonstrate financial responsibility under 329 IAC 3.1-14-24 or 329 IAC 3.1-15-8. The coverage applies at [list EPA identification number, name, and address for each facility] for [insert "sudden accidental occurrences", "nonsudden accidental occurrences", or "sudden and nonsudden accidental occurrences". If coverage is for multiple facilities and the coverage is different for different facilities, indicate which facility(ies) are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs. The coverage is provided under policy number _______, issued on [date]. The effective date of said policy is [date].

2. The Insurer further certifies the following with respect to the insurance described in Paragraph 1:

(a) Bankruptcy or insolvency of the Insured shall not relieve the Insurer of its obligations under the policy.

(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the Insured for any such payment made by the Insurer. This provision does not apply with respect to the amount of any deductible for which coverage is demonstrated as specified in 329 IAC 3.1-14-24(f) or 329 IAC 3.1-15-8(e).

(c) Whenever requested by the commissioner of the Department of Environmental Management of the State of Indiana (IDEM), the Insurer agrees to furnish to the IDEM commissioner a signed duplicate original of the policy and all endorsements.

(d) Cancellation of the insurance, whether by the Insurer or the Insured, a parent corporation providing insurance coverage for its subsidiary, or a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility, will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the IDEM commissioner.

(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the IDEM commissioner.

  I hereby certify that the wording of this instrument is identical to the wording specified in 329 IAC 3.1-14-36 as such rule was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one (1) or more states.

  [Signature of authorized representative of Insurer]

  [Type name]

  [Title], Authorized representative of [name of Insurer]

  [Address of representative]

(Solid Waste Management Division; 329 IAC 3.1-14-36; filed Jan 24, 1992, 2:00 p.m.: 15 IR 980; errata filed Feb 6, 1992, 3:15 p.m.: 15 IR 1027; filed Apr 1, 1996, 11:00 a.m.: 19 IR 2006; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)