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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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7 DE Admin. Code 1352
This Order considers proposed regulations to amend 7 DE Admin. Code 1352, Regulations Governing Aboveground Storage Tanks ("AST Regulations"), as a result of the Department's exhaustive review of its existing regulations, pursuant to Governor Markell's Executive Order No. 36 (hereinafter referred to as "E.O. 36"). In June of 2012, Governor Markell issued E.O. 36, which directed all state agencies, including DNREC, to perform a focused review of their existing, older regulations, identify and remove regulatory hurdles, and modernize and streamline any regulations that may be outdated or unnecessarily burdensome, while maintaining the state's commitment to improving public health and environmental performance.
The Regulations Governing Aboveground Storage Tanks (hereinafter referred to as "AST Regulations”) were created under the authority of the Jeffrey Davis Aboveground Storage Tank Act, Title 7, Del.C., Chapter 74A, in 2004. These AST Regulations were last updated in 2005. In response to E.O. 36, the Department has identified three modifications to be made to Delaware's existing AST Regulations:
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
1.1.1 These Regulations are enacted in accordance with Title 7 Del.C. Ch. 60, Environmental Control, and Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act.
1.2.2.6 ASTs regulated pursuant to Title 29 Del.C. Ch. §8028, Division of Boiler Safety.
1.2.2.7 ASTs and associated equipment regulated as a part of a process regulated pursuant to Title 7 Del.C. Ch. 77 Extremely Hazardous Substances Risk Management Act.
1.2.4 ASTs regulated pursuant to 7 Del.C., Ch. 63 and the Delaware Regulations Governing Hazardous Waste shall be exempted from Part E of these Regulations.
1.2.5.2.1 The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.]; or
1.2.5.2.2 The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or
1.2.5.2.3 Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline; or
1.2.5.2.4 Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.
1.2.5.7 containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act.
"Aboveground Storage Tank" or "AST" means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained Regulated Substances on or after January 1,1992. The term includes all ancillary aboveground pipes and Dispensing Systems up to the first point of isolation and all ancillary underground pipes and Dispensing Systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an underground area. The term AST does not include any of the following:
the Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.], or
the Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or
Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline; or
Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.
containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act.
"Accidental Release" as it relates to Financial Responsibility requirements of Part D, means any sudden or nonsudden release of a Regulated Substance from an AST that is deemed at the Department's discretion to represent an unacceptable risk to human health, safety or the environment based on accepted principles of risk assessment.
"Agricultural/Farm AST" means an AST less than 40,000 gallons containing a Regulated Substance, the contents of which are applied to the soil, crops, or livestock or ingested by livestock and used solely to directly facilitate the production of crops, livestock, livestock products or golf course turf. Crops include fish hatcheries, rangeland, cropland and nurseries including turf grass growing operations. Agricultural/Farm ASTs do not include ASTs used to store substances used in a manufacturing process. A manufacturing process does not include Agricultural/Farm ASTs used to store and blend Regulated Substances for retail sales.
"Ancillary Piping" means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached to an AST through which Regulated Substance may flow.
"Annual Aggregate" means the total amount of financial responsibility available to cover all obligations that might occur in one year.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Blanketing" means the technique of maintaining the Ullage volume in a regulated AST below the Limiting Oxidant Concentration (LOC) by the use of an Inert Gas.
"Bodily Injury" shall have the meaning given to this term by State law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury;
"Bulk Storage" as it is used in Part B, Section 12 of these Regulations, means an AST which is used to store a Flammable Regulated Substance and has the Flammable Regulated Substance added to or withdrawn from the AST by a vessel, tanker truck, rail car or pipeline.
"Cathodic Protection System" means a method to prevent corrosion to metal objects by forcing protective current from an external source onto the structure to be protected to counter or overcome any corrosion activity on its surface.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC, § 9601(14)] and any amendments thereto.
"Certified API 653 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 653 certification program to perform AST inspections.
"Certified API 570 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 570 certification program to perform piping inspections.
"Certified STI-SP001" means an individual who is certified by the Steel Tank Institute under the terms of the STI certification program to perform Shop-Fabricated AST inspections.
"Change In Service" means any change to a registered AST to include but not be limited to permanent change in nature of contents, Removal, Permanent Change in Contents, Relocation, Permanent Closure in Place, change in status from either In-Service Tank or Out-Of-Service Tank, conversion to storage of other than Regulated Substances or conversion to a use other than as an AST.
"Chief Financial Officer" in the case of Local Government Owners and Operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the Local Government.
"Combustible" means capable of undergoing Combustion.
"Combustion" means the chemical process of oxidation that occurs at a fast enough rate to produce heat and usually light in the form of either a glow or flame.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of an AST under conditions likely to be encountered at an AST facility.
"Consumptive Use" with respect to heating fuel means consumed on the premises where stored.
"Continuous Leak Detection" means the uninterrupted measurement of the contents or other characteristics or parameters of an AST which immediately notifies the Operator of the failure of an AST to contain a Regulated Substance.
"Controlling Interest" means direct ownership of at least 50 percent of the voting stock of another entity;
"Deflagration" means the propagation of a Combustion zone at a velocity which is less than the speed of sound in the unreacted medium.
"Deflagration Pressure Containment" means the technique of specifying the design pressure of a regulated AST and its appurtenances so they are capable of withstanding the maximum pressures resulting from an internal Deflagration.
"Deflagration Suppression" means the technique of detecting and arresting Combustion in the Ullage volume of a regulated AST while the Combustion is still in its incipient stage, thus preventing the development of pressures that could result in a rupture of the AST.
"Department" means the Delaware Department of Natural Resources and Environmental Control.
"Dispensing" as it is used in Part B, Section 12 of these Regulations, means an AST which stores a Flammable Regulated Substance which is transferred directly from the AST into a portable container, or into the fuel tank of a motor, a motor vehicle or a boat to be used as a motor fuel.
"Dispensing System" means any devise including, but not limited to, hoses (rigid or flexible), piping, fittings, fixtures, gauges, alarms, rupture disks, pressure release valves, flanges, or valves and pumps that are used to distribute, meter or control the flow of Regulated Substance to and from an AST.
"Electrically Isolated" means the electrical separation of the AST from the piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.
"EPA" means the United States Environmental Protection Agency.
"Existing AST" means an AST for which substantial physical installation began prior to the effective date of these Regulations. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation.
"Facility" means any location or part thereof containing or having contained one or more ASTs.
"Field-Constructed" means an AST which is constructed by assembling on-site at a Facility.
"Financial Reporting Year" means the latest consecutive twelve month period for which any of the following reports used to support a financial test is prepared:
"Fixed Roof" means an AST which has an immovable roof or cover used as the sole means to either contain the vapors from a Regulated Substance stored within the AST or prevent unwanted contaminants from entering the AST.
"Flammable" means a Regulated Substance which meets the definition of an NFPA 30 Flammable Liquid.
"Floating Roof" means an AST which has a movable roof or cover which floats or rides upon the surface of a Regulated Substance to contain vapors from a Regulated Substance stored within the AST or prevent unwanted contaminants from entering the AST.
"Flow Through Process Tank" means a tank that contains a Regulated Substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; 2) a tank that is used for storage of products or by-products from the production process; or 3) a tank that is used only to recirculate materials.
"Free Product" means immiscible liquid phase Regulated Substance existing in the subsurface with a positive pressure such that it can flow into a well.
"Guarantor" means a business entity that:
"Heating Fuel" also known as heating oil, means a type of fuel oil that is one of seven technical grades. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 residual and other fuels used as substitutes for one of these fuels such as kerosene and diesel when used for heating purposes.
"Impervious" means a material of sufficient thickness, density and composition that is impenetrable, or has a permeability of less than 1 X 10 7 cm/sec. to the Regulated Substance, and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any Regulated Substance for a period of at least as long as the maximum anticipated time during which the Regulated Substance will be in contact with the material.
"Impressed Current System" means direct current supplied to a Cathodic Protection System.
"Inert Gas" means a gas which is nonreactive with the contents of an AST. Inert gases may include but shall not be limited to nitrogen, carbon dioxide, helium, argon, xenon and krypton. An Inert Gas may consist of a mixture of different inert gases.
"Inerting" means the technique by which a Combustible mixture in the Ullage volume of an AST is rendered non-ignitable by the addition of an Inert Gas which reduces the Oxidant concentration below the Limiting Oxidant Concentration (LOC).
"In Service" means an AST that:
"Leak" means the failure of an AST to contain a Regulated Substance.
"Leak Detection" means electronic, manual or mechanical measurement of the contents or other characteristics or parameters of an AST which notifies the Operator of the failure of an AST to contain a Regulated Substance.
"Legal Defense Cost" means any expense that an Owner and Operator or provider of financial assurance incurs in defending against claims or actions brought by:
"Local Government" shall have the meaning given this term by applicable State law and includes Indian tribes. The term is generally intended to include:
"Major Repair or Major Alteration" means operations that require cutting, addition, removal and/or replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST. These include but are not limited to the following:
"Monitor Well" means a well installed in accordance with Delaware's Regulations Governing the Construction of Water Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or a petroleum-based substance which is typically used in the operation of a motor vehicle, small engine or aircraft engine, including:
"NACE" means National Association of Corrosion Engineers.
"New AST" means a tank for which substantial physical installation began on or after the effective date of these Regulations.
"NFPA" means National Fire Protection Association, Inc.
"Noncommercial Purposes" with respect to Motor Fuel or motor oil means the product in the AST is not used for any activities that result in monetary gain.
"Non-Ignitable" means a gas or vapor in the presence of an Oxidant in which Combustion cannot be initiated by the introduction of an ignition source such as a flame, spark, or heat.
"Occurrence" as it relates to financial responsibility, means an accident, including continuous or repeated exposure to conditions, which results in a release from an AST. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence".
"Operator" means a person who has responsibility for the care, custody, and control of the daily operation of an AST, including but not limited to responsibility conferred by lease, contract or other form of authorization agreement.
"Orphan Tank" means:
"Out-Of-Service" means an AST that is:
"Owner" means a person:who has or has had a legal interest in a Facility or AST; or
"Oxidant" means any material that can react with a Regulated Substance to support Combustion in the Ullage of an AST. Oxygen in air is the most common Oxidant.
"PEI" means Petroleum Equipment Institute.
"Permanent Change in Contents" means leaving an AST and Ancillary Piping in its installed location, removing the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and the Ancillary Piping, and continuing active use of the AST and Ancillary Piping with the intent of only storing and conveying a non-Regulated Substance in the AST and Ancillary Piping.
"Permanent Closure in Place" or "Permanently Closed in Place" or "Permanently Closing in Place" or "Permanently Closed" means leaving an AST and Ancillary Piping in its installed location, removing the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and the interior of the Ancillary Piping, disconnecting the Ancillary Piping from the AST, securing the AST and the Ancillary Piping to prevent unauthorized access, and discontinuing active use of the AST and Ancillary Piping with the intent of not introducing a Regulated Substance into the AST and Ancillary Piping.
"Permeability" means the ease with which fluid can move through a material and is measured by the rate of flow in suitable units.
"Person" means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body.
"Pipe" means an impermeable hollow cylinder or tubular conduit that conveys or transports Regulated Substances, or is used for venting, filling, or removing Regulated Substances.
"Professional Engineer" means "engineer", as defined in Title 24 Del.C., Chapter 28, Professional Engineers, namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers.
"Property Damage" shall have the meaning given this term by applicable State law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
"Provider of Financial Assurance" means an entity that provides financial assurance to an Owner and Operator of an AST through one of the mechanisms listed in these Regulations, including a Guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901 et seq.
“Reconstruction" means any work necessary to reassemble an AST that has been dismantled and Relocated to a new site.
"Regulated Substance" means a liquid or gas that:
contains one percent or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42U.S.C. §9601(14)] and any amendments thereto; or
contains 0.1 percent or more of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or
"Release" means the spilling, leaking, discharging, leaching, or disposing of a Regulated Substance into groundwater, surface water, soil, or air that is not permitted by law, regulation or permit.
"Release Prevention Barrier" means an Impervious barrier that serves to prevent the escape of Regulated Substance or to contain or channel the released Regulated Substance for Leak Detection.
"Relocation" or "Relocating" or "Relocated" means removing the Regulated Substance from an AST, thoroughly cleaning the interior of the AST, moving the AST to a new location within a Facility without a transfer of ownership or moving the AST to a different Facility without a transfer of ownership, installing the AST in its new location, and inspecting the AST prior to its continued use for the storage of a Regulated Substance.
"Removal" or "Removing" or "Removed" means taking the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and Ancillary Piping, completely displacing the AST and Ancillary Piping from its installed location, and rendering the AST and Ancillary Piping permanently non-useable or discontinuing use of the AST and Ancillary Piping as an AST and Ancillary Piping with the intent of not introducing a Regulated Substance into the AST and Ancillary Piping.
"Retrofit" or “Upgrade” means to modify an AST to meet standards contained in these Regulations.
"Sacrificial Anode System" means a system to control corrosion of a metal surface which entails installing an electrode of an electrochemical cell that will oxidize preferentially to the metal surface that has been made the cathode of the electrochemical cell.
"Secondary Containment" means a containment system designed and constructed to retain any Regulated Substance that leaves the primary containment including an AST and Ancillary Piping and prevent any Regulated Substance from reaching the surface water, groundwater, or adjacent land before cleanup occurs. Included are structures/ devices sufficiently impermeable to contain released Regulated Substances for a period of time sufficient for the cleanup and removal of captured material including;
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.
"Shop-Fabricated" means an AST which is constructed at a tank manufacturer's plant and transported to a Facility for installation.
"Spark Extinguishing System" means a process in which the radiant energy of a spark or an ember is detected and the spark or ember is quenched.
"Spent Acid" or "Spent Caustic" means an acid or caustic Regulated Substance which was used in a process where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a Flammable liquid as defined by NFPA 30.
"State" means the State of Delaware.
"Substantial Business Relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the Guarantor and the Owner and Operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an AST release such as coterminous boundaries, overlapping constituencies, common ground water aquifer, or other relationship other than monetary compensation that provides a motivation for the Guarantor to provide a guarantee.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing economic benefits obtained or controlled by a particular entity as a result of past transactions.
"Tank Management Branch" means the Tank Management Branch of the Division of Air and Waste Management in the Delaware Department of Natural Resources and Environmental Control.
"Termination" means only those changes that could result in a gap in financial responsibility coverage as where the insured has not obtained substitute coverage or has obtained substitute financial responsibility coverage with a different retroactive date of the original policy.
"Ullage" means the volume of a Fixed Roof AST which does not contain a Regulated Substance in liquid form. It is synonymous with the vapor space.
"Underground Pipe" means piping or portions of piping meeting all of the following conditions:
“UL" means Underwriters Laboratories, Inc.
"Upgrade" or "Retrofit" means to modify an AST to meet standards contained in these Regulations.
"Upper Flammable Limit (UFL)" means the highest concentration of a Flammable substance in which Combustion can propagate in the presence of an Oxidant.
"Vault" means a structure that completely encloses the tank and must be constructed of materials compatible with the Regulated Substance to be contained in the AST.
"Verifiable Service" means delivery of mail by means of a delivery service that provides verification upon delivery.
3.3.1.1 RP570, Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-Service Piping Systems
3.3.1.2 RP620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks
3.3.1.3 RP650, Welded Steel Tanks for Oil Storage
3.3.1.4 RP651, Cathodic Protection of Aboveground Petroleum Storage Tanks
3.3.1.5 RP653, Tank Inspection, Repair, Alteration, and Reconstruction
3.3.1.6 RP12D, Specification for Field Welded Tanks for Storage of Production Liquid
3.3.1.7 RP2000, Venting Atmospheric and Low Pressure Storage Tanks
3.3.1.8 RP1615, Installation of Underground Petroleum Storage Systems
3.3.2.1 RP-01-69, Control of External Corrosion on Underground or Submerged Metallic Piping Systems
3.3.2.2 RP-01-93, External Cathodic Protection of On-grade Carbon Steel Storage Tank Bottoms
3.3.2.3 RP-02-94, Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures
3.3.3.1 UL142, Steel Aboveground Tanks for Flammable and Combustible Liquids
3.3.3.2 UL971, Standard for Nonmetallic Underground Piping For Flammable Liquids
3.3.3.3 UL2085, Protected Aboveground Tanks for Flammable and Combustible Liquids
3.4.1 NFPA 30, Flammable and Combustible Liquids Code
3.4.2 NFPA 30A, Automotive and Marine Service Station Code
3.4.3 NFPA 69, Standards on Explosion Prevention Systems
3.4.4 NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency Response
3.5.1 SNT-TC-1A, Personnel Qualifications and Certification in Nondestructive testing
3.5.2 ASNT Central Certification Program Level II
3.6.1 SP001-03, Standard for Inspection of In-Service Shop Fabricated Above Ground Tanks for Storage of Combustible and Flammable Liquid.
3.7.1 ASTM D-2517, Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and Fittings
3.7.2 ASTM D-2996-01, Standard Specification for Filament Wound Fiberglass (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe.
3.7.3 ASTM D-2583, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor
3.8.1 RTP-1 2000-2002, Reinforced Thermoset Plastic Corrosion Resistant Equipment
3.8.2 ASME, Boiler and Pressure Vessel Code
3.9.1 ANSI 31.1, Power Piping
3.9.2 ANSI 31.3, Process Piping
3.9.3 ANSI 31.4, Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols
3.10.1 National Board Inspection Code, Appendix 9, Repair, Alteration and Inspection of Fiber Reinforced Thermosetting Plastic Pressure Equipment.
4.6.3 If within sixty (60) days one (1) year after initial notification to the Department work has not commenced, a new registration form must be submitted to the Department.
5.3 The Department will provide a written response within ninety (90) days to all requests for alternative technology approvals. The request may be denied, approved or approved with conditions. If the technology or procedure or a combination of technologies or procedures is approved, the Owner and Operator must comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment.
6.2 In submitting data under Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, and these Regulations, a person required to provide such data may:
7.2.1 The Department may assume control of any Release when it is determined that the Owner or Operator is not responding in accordance with the Regulations and Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act. All release liability will remain with the Owner or Operator. The Department may recover all release response intervention costs from the Owner and Operator and initiate enforcement action as necessary to achieve regulatory compliance.
8.1.2 A Release of a Regulated Substance from an AST in excess of the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, shall be reported to the Department in accordance with the requirements of Title 7 Del.C. Ch. 60 and the Regulations promulgated thereunder as amended.
8.1.3 Documentation on the routine in-service inspection report shall be made at the time of discovery of any Release or a suspected Release of a Regulated Substance from an AST in an amount less than the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, that impacts soil, groundwater, or surface water outside a Secondary Containment area. If the commencement of cleanup activities cannot begin within 24 hours of discovery and cannot be completed within 7 days, the routine in-service inspection report shall be sent to the Tank Management Branch via fax or electronic mail.
8.2.2 A Leak of a Regulated Substance in a quantity less than the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, inside the Secondary Containment area or that does not impact soil, groundwater, or surface water, and cannot be cleaned up within (7) seven days must be reported to the Tank Management Branch as soon as possible but in no instance shall reporting exceed (7) seven days from the time of discovery. Reporting may be made in person or by telephone or by electronic mail.
1.7 A formal approval of installation shall be valid for one year from the date of approval. If construction of the AST is not initiated within one year of issuance of the Department's letter of approval, the Owner or Operator shall request an extension in writing, including the cause for the delay and the expected date of construction initiation the approval shall lapse. For the purpose of this rule, initiated shall mean construction equipment commonly used in Facility or system construction has been mobilized to the site and that materials used in the construction of the Facility or AST have been delivered to the site and construction has begun.
1.9 The Department shall assess a one-time construction permit fee for a New AST based on the schedule below for an AST constructed after the effective date of the Regulations promulgated pursuant to Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, §7414A. Any person required to pay a fee under Title 16 Del.C. Ch. 66, Fire Prevention, to the State Fire Marshal related to an AST shall receive a 10% reduction in the construction permit fee.
2.1.2.1 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks;
2.1.2.2 API Standard 650, Welded Steel Tanks for Oil Storage;
2.1.2.3 API Standard 12D, Specification for Field Welded Tanks for Storage of Production Liquids;
2.1.2.4 NACE RP0294-94; Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures;
2.1.2.5 NFPA 30, Flammable and Combustible Liquids Code;
3.1.1 UL 2085, Protected Aboveground Tanks for Flammable and Combustible Liquids;
3.1.2 UL 142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids;
3.1.3 API 650 Appendix J, Shop-Assembled Storage Tanks;
3.1.4 NFPA 30, Flammable and Combustible Liquids Code;
3.1.5 ASME, Boiler & Pressure Vessel Code, Section VIII, Division 1, Design & Fabrication of Pressure Vessels;
5.1.2.1 NACE Standard RP01-93 - External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms;
5.1.2.2 API Recommended Practice 651 - Cathodic Protection of Aboveground Petroleum Storage Tanks
5.1.2.3 NACE Standard RP0169 - Control of External Corrosion on Underground or Submerged Metallic Piping Systems
6.2.1.1 ASTM Specification D-2996-71, Standard Specification for Filament Wound RTRP; and
6.2.1.2 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
6.2.3.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
6.3.1.2.1 API Recommended Practice 1615, Installation of Underground Petroleum Storage Systems; and
6.3.1.2.2 ANSI 31.1, Power Piping; and
6.3.1.2.3 ANSI 31.3 Process Piping; and
6.3.1.2.4 ANSI 31.4, Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols; and
10.1.1 Repairs, modifications and Relocations shall be performed, inspected and tested in accordance with API 653 or STI-SP001 or NACE RP0294 or ASME RTP-1 as applicable or other standards approved by the Department.
10.2.1 All Relocated ASTs shall meets the standards for New ASTs as applicable, with the exception that the Department may approve the use of existing material of construction, and shall meet the following requirements before, the AST is utilized for storage of Regulated Substances:
10.2.1.3 The AST is determined to be structurally sound in its new location by a Professional Engineer or an inspector certified per the applicable code such as but not limited to a Certified API 653 Inspector or a Certified STI-SP001 Inspector or qualified by training and experience in the absence of a code certification process.
5.1.2.1 NACE Standard RP0193, External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms; and
5.1.2.2 API RP651, Cathodic Protection of Aboveground Petroleum Storage Tanks; and
5.1.2.3 NACE Standard RP0169 Control of External Corrosion on Underground or Submerged Metallic Piping Systems, and
6.2.2 The routine in-service inspection shall at a minimum be completed in accordance with the guidance contained in API 653 and API 570 or other equivalent procedure approved by the Department. An appropriate check list containing at a minimum the criteria in API 653 Appendix C, Tank In-service Inspection Checklist and API 570 Appendix D, External Inspection Checklist for Process Piping and including the condition of the Secondary Containment, shall be developed and completed for each AST and aboveground Ancillary Piping at each routine in-service inspection. For ASTs equipped with a Release Prevention Barrier or a double bottom, the checklist must include criteria for visual inspection for evidence of Releases and Leaks.
6.3.3 Only Certified API 653 Inspectors and Certified API 570 Inspectors shall perform external inspections. An appropriate check list containing at a minimum the criteria in API 653 Appendix C, Tank In-service Inspection Checklist and API 570 Appendix D, External Inspection Checklist for Process Piping and including the condition of the Secondary Containment, shall be developed and completed for each AST and aboveground Ancillary Piping at each external inspection. Where material thickness measurements are performed, only qualified American Society for Non Destructive Testing (ASNT) SNT-TC-1A, latest edition, Level II technician or ASNT Central Certification Program Level II technician or Certified API 653 Inspectors with experience in performing material thickness measurements shall perform the test.
7.2.2 The routine in-service inspection shall at a minimum be completed in accordance with the guidance contained in API 653 or STI-SP001 and API 570 or other equivalent procedure approved by the Department. An appropriate check list containing at a minimum the criteria in API 653 Appendix C, Tank In-service Inspection Checklist and API 570 Appendix D, External Inspection Checklist for Process Piping and including the condition of the Secondary Containment shall be developed and completed for each AST and aboveground Ancillary Piping at each routine in-service inspection. For ASTs equipped with a Release Prevention Barrier or a double bottom, the checklist must include criteria for visual inspection for evidence of Releases and Leaks.
7.3.3 Only Certified API 653 Inspectors or Certified STI-SP001 Inspectors or Certified API 570 Inspectors shall perform external inspections. An appropriate check list containing at a minimum the criteria in API 653 Appendix C, Tank In-service Inspection Checklist and API 570 Appendix D, External Inspection Checklist for Process Piping and including the condition of the Secondary Containment, shall be developed and completed for each AST and aboveground Ancillary Piping at each external inspection. Where material thickness measurements are performed, only qualified American Society for Non Destructive Testing (ASNT) SNT-TC-1A, latest edition, Level II technician or ASNT Central Certification Program Level II technician or Certified API 653 Inspectors with experience in performing material thickness measurements shall perform the test.
8.1.5.2 The routine in-service inspection shall include a visual external inspection of the AST's exterior surfaces. An appropriate check list containing at a minimum the criteria in §8.1.5.3.4 of this Part and API 653 Appendix C, Tank In-service Inspection Checklist and API 570 Appendix D, External Inspection Checklist for Process Piping and including the condition of the Secondary Containment, will be developed and completed for each AST at each routine in-service inspection. For ASTs equipped with a Release Prevention Barrier or a double bottom, the checklist must include criteria for visual inspection for evidence of Releases and Leaks.
1.1 This Part applies to Owners and Operators of ASTs as defined in Title 7 Del.C. Ch. 74A, §7402A and not otherwise exempt under Title 7 Del.C. Ch. 74A, §7404A or §1.2 of this Section.
1.2 An AST that is subject to and in compliance with the financial requirements of Delaware's Regulations Governing Hazardous Waste or 40 CFR 264 or 40 CFR 265 is exempt from compliance with this Part.
This letter is in support of the use of [the financial test of self-insurance” and/or “guarantee”] to demonstrate financial responsibility for [“taking corrective action” and/or “compensating third parties for bodily injury and property damage] caused by [“sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least [dollar amount] per occurrence and [dollar amount] annual aggregate arising from operating (an) aboveground storage tank(s).
A [“financial test,” and/or “guarantee”] is also used by [“owner” or “operator” or “Guarantor”] to Demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or State programs including but not limited to Subtitle C Hazardous waste facilities, SDWA Class I hazardous waste injection wells and aggregate UST coverage.
This [“Owner or Operator,” or “Guarantor”] has not received an adverse opinion, a disclaimer of opinion, or a “going concern” qualification from an independent auditor on his financial statements for the latest completed fiscal year.
*If the answer to line 7 or line 8 is “No”, this test cannot be used to meet the AST Financial Responsibility requirements.
Complete Lines 9-11 OR Line 12
*If the answer to line 8 or line 9 is “No”, this test cannot be
-OR-
Guarantee made this [Date] by [Name of guaranteeing entity], a business entity organized under the laws of the State of Delaware, herein referred to as Guarantor, to the Department of Natural Resources and Environmental Control (DNREC) and to any and all third parties, and obligees, on behalf of [Owner or Operator] of [Business Name and Address]
Recitals
(2) [Owner or Operator] owns or operates the following aboveground storage tank(s) covered by this guarantee:
In the event that [Owner or Operator] fails to provide alternate coverage within 60 days after receipt of a notice of cancellation of this guarantee and the Secretary has determined or suspects that a release has occurred at an aboveground storage tank covered by this guarantee, the Guarantor, upon instructions from the DNREC, shall fund a standby trust fund in accordance with the provisions of Part D, Section 15 in an amount not to exceed the coverage limits specified above.
In the event that the DNREC determines that [Owner or Operator] has failed to perform corrective action for release arising out of the operation of the above–identified tank(s) in accordance with Part E, the Guarantor upon written instructions from the DNREC shall fund a standby trust fund in accordance with the provisions of Part D, Section 15 in an amount not to exceed the coverage limits specified above.
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 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 DNREC, shall fund a standby trust fund in accordance with the provisions of Part D, Section 15 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
(4) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet the financial test criteria of Part D, Sections 5.1 and 5.2 or 5.3, Guarantor shall send within 120 days of such failure, by verifiable service, notice to [Owner or Operator]. The guarantee will terminate 120 days from the date of receipt of the notice by [Owner or Operator] as evidenced by verifiable service.
(5) Guarantor agrees to notify [Owner or Operator] by certified mail verifiable service of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming Guarantor as debtor, within 10 days after commencement of the proceeding.
(7) Guarantor agrees to remain bound under this guarantee for so long as [Owner or Operator] must comply with the applicable financial responsibility requirements of these regulations for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator] such cancellation to become effective no earlier than 120 days after receipt of such notice by [Owner or Operator] as evidenced by the return receipt.
(a) Any obligation of [Owner or Operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [Owner or Operator] arising from, and in the course of, employment by [Owner or Operator];
(d) Property damage to any property owned, rented, loaned to, in the care of, custody, or control of, or occupied by [Owner or Operator] that is not the direct result of a release from an aboveground storage tank;
(e) Bodily injury or property damage for which [Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Section 3 of this Part.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]
Name: __________________________________[name of each covered location]
Address: _________________________________[address of each covered location]
Name of [Insurer or Risk Retention Group]: ______________________________
Address of [Insurer or Risk Retention Group]: ____________________________
For [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” accidental releases in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the aboveground storage tank(s) identified above.
The limits of liability are [insert the dollar amount of the “each occurrence” and “annual aggregate” limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different aboveground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each aboveground storage tank or location], exclusive of legal defense costs which are subject to a separate limit under the policy.
[Policy Number]
[Date]
a. Bankruptcy or insolvency of the insured shall not relieve the [“Insurer” or “Group”] of its obligations under the policy to which this endorsement is attached.
b. The [“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured from any such payment made by the [“Insurer” or “Group”]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in Part D, Sections 5 through 15 of these regulations.
c. Whenever requested by the DNREC, the [“Insurer” or “Group”] agrees to furnish to the DNREC a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other termination of the insurance by the [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured.
The insurance covers claims otherwise covered by the policy that are reported to the [“Insurer” or “Group”] within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.
I hereby certify that the wording of this instrument is identical to the wording in Appendix C and that the [“Insurer” or “Group”] is [“licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states”].
[Signature of authorized representative of Insurer or Risk Retention Group]
[Name of person signing]
[Title of person signing]
Authorized Representative of [name of Insurer or Risk Retention Group]
[Address of Representative]
[name of each covered location]
[address of each covered location]
Period of Coverage: _______________ [current policy period]______________________
Name of [Insurer or Risk Retention Group]: ___________________________________
Address of [Insurer or Risk Retention Group] __________________________________
1. [Name of the Insurer or Risk Retention Group], the “insurer” or “Group,” as identified above, hereby certifies that it has issued liability insurance covering the following aboveground storage tank(s):
For [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage” caused by Accidental Releases in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location arising from operating the aboveground storage tank(s) identified above.
The limits of liability are [insert the dollar amount of the “each Occurrence” and “Annual Aggregate” limits of the Insurer’s or Group’s liability if the amount of coverage is different for different types of coverage or for different aboveground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each aboveground storage tank or location], exclusive of legal defense costs which are subject to a separate limits under the policy. This coverage is provided under _______________. The effective date of said policy is _____________.
[policy number] [date]
c. Whenever requested by the Department, the [“Insurer” or “Group”] agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other termination of the insurance by the [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured.
The insurance covers claims otherwise covered by the policy that are reported to the [“Insurer” or “Group”] within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.
I hereby certify that the wording of this instrument is identical to the wording in Appendix D and that the [“Insurer” or “Group”] is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.”
[Signature of authorized representative of Insurer or Risk Retention
[Name of person signing]
[Title of person signing]
[Authorized Representative of Insurer or Risk Retention Group]
[Address of Representative]
Principal: [legal name and business address of Owner or Operator] _________________
Type of organization: [insert “individual,” “joint venture,” “partnership,” or “corporation”]
Surety(ies): ________________ [name(s) and business address(es)]_______________
List the coverage guaranteed by the bond: “taking corrective action” and/or “compensating third parties for bodily injury and property damage” caused by accidental releases arising from operating the aboveground storage tank.
Whereas said Principal is required under 7 Del.C. Ch. 74A, as amended, to provide financial assurance for [insert: “taking corrective action” and/or “compensating third parties for Bodily Injury and Property Damage”] caused by 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 aboveground storage tanks identified above, and
[Owner or Operator] disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of ____________________ arising from, and in [Owner or Operator] the course of, employment by [insert Owner or Operator];
(e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3 of these regulations.
Upon notification by the Department that the Principal has failed to [“take corrective action, in accordance with Part E of these regulations and the Department’s instructions,” and/or “compensate injured third parties”] as guaranteed by this bond, the Surety(ies) shall either perform [“corrective action in accordance with Part E of these regulations and the Department’s instructions,” and/or “third-party liability compensation”] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by the Department under Part D, Section 15 of these regulations.
[Signature(s)]
[Name(s)
[Title(s)]
[Corporate seal]
[Name and address]________________________________________________
[Signature(s)] 1. ______________________________ 2. ________________________
[Name(s) and title(s)] 1. _______________________________________________
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
[Name and address of issuing institution]
We hereby establish our Irrevocable Standby Letter of Credit No. _____ in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($ [insert dollar amount]), available upon presentation [insert, if more than one Director of a state implementing agency is a beneficiary, “by any one of you”] of
This letter of credit may be drawn on to cover [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage” caused by accidental releases] arising from operating the aboveground storage tank(s) identified below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount] annual aggregate:
[Attach tank schedule:
(a) Any obligation of __[Owner or Operator]__ under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of __________ arising from, and [insert Owner or Operator] in the course of, employment by [insert owner or operator];
(e) Bodily injury or property damage for which ___________________ is obligated to pay [Owner or Operator] damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3 of these regulations.
This letter of credit is effective as of _______ and shall expire on ______, but such expiration date [date] shall be automatically extended for a period of [at least the length of the original term] on _[expiration date] __and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify __[Owner or Operator_ by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that _[Owner or Operator_ is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by _ [Owner or Operator_, as shown on the signed return receipt.
[Signature(s) and title(s) of official(s) of issuing institution]
This credit is subject to [insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce,” or “the Uniform Commercial Code”].
Trust agreement, the “Agreement,” entered into as of [date] by and between [Owner or Operator], a [Name of State] [“corporation”, “partnership,” “association,” or “proprietorship”], the “Grantor,” and [insert “Incorporated in the (Name of Corporate Trustee) State of __” or “a national bank”]
[Whereas, the Grantor has elected to establish [insert either “a guarantee,” “surety bond,” or “letter of credit”] to provide all or part of such financial assurance for the aboveground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument (This paragraph is only applicable to the standby trust agreement.)];
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee; Now, therefore, the Grantor and the Trustee agree as follows:
(a) The term “Grantor” means the Owner or Operator who enters into this Agreement and any successors or assigns of the Grantor.
(b) The term “Trustee” means the Trustee who enters into this Agreement and any successor Trustee.
SECTION 4. Payment for Corrective Action and/or Third–Party Liability Claims
(a) Any obligation of [insert Owner or Operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert Owner or Operator] that is not the direct result of a release from a aboveground storage tank;
(e) Bodily injury or property damage for which [insert Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3 of these regulations. The Trustee shall reimburse the Grantor, or other persons as specified by the Department, from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as [the Secretary] shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
A. Securities or other obligations of the Grantor, or any other Owner or Operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;
B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
SECTION 13. Instructions to the Trustee
[Signature of Grantor] ______________________________
[Name of the Grantor] _____________________________
[Title] __________________________________
[Signature of Trustee] _____________________________
[Name of Trustee] ________________________________
[Title] ________________________
[Seal]
Attest:__________________________[Signature of Witness]________________
[Name of Witness]_________________________________________
[Title]________________________________________________
[Seal]
The trust agreement must be accompanied by a formal certification of acknowledgment similar to the following. State requirements may differ on the proper content of this acknowledgment.
On this _[Date]_, before me personally came [Owner or Operator]_ to me known, who, being by me duly sworn, did depose and say that he/she resides at _[address]________, that she/he is __[Title] ________ of __ [Corporation]_, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed his/her name thereto by like order.
[Signature of Notary Public] __________________________________________
[Name of Notary Public] _____________________________________________
Standby Trust agreement, the “Agreement,” entered into as of [date] by and between [Owner or Operator], a [Name of State] [“corporation”, “partnership,” “association,” or “proprietorship”], the “Grantor,” and _____________________________________, [insert “Incorporated in the (Name of Corporate Trustee) State of ________________” or “a national bank”], the “Trustee.”
Whereas, the Grantor has elected to establish [insert either “a guarantee,” “surety bond,” or “letter of credit”] to provide all or part of such financial assurance for the aboveground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument;
SECTION 4. Payment for Corrective Action and/or Third–Party Liability Claims
The Trustee shall make payments from the Fund as the Secretary shall direct, in writing, to provide for the payment of the costs of [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage” caused by accidental releases] arising from operating the tanks covered by the financial assurance mechanism identified in this Agreement.
(a) Any obligation of [insert Owner or Operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to any employee of [insert Owner or Operator] arising from, and in the course of employment by [insert Owner or Operator];
(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert Owner or Operator] that is not the direct result of a release from a aboveground storage tank;
(e) Bodily injury or property damage for which [insert Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3 of these regulations. The Trustee shall reimburse the Grantor, or other persons as specified by the Department, from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as [the Secretary] shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
A. Securities or other obligations of the Grantor, or any other Owner or Operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;
B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
[Signature of Grantor] ____________________________________________________________
[Name of the Grantor] ____________________________________________________________
[Title] _____________________________________________________________
[Signature of Trustee] _____________________________________________________________
[Name of Trustee] ________________________________________________________________
[Title] ______________________________________________________________________ [Seal]
[Signature of Witness] ____________________________________________________________
[Name of Witness] _______________________________________________________________
[Title] ___________________________________________________________
[Seal]
On this _[Date] __, before me personally came _[Owner or Operator]__ to me known, who, being by me duly sworn, did depose and say that he/she resides at __[address]__,
that she/he is _[Title]_ of _ [Corporation]_, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed his/her name thereto by like order.
[Signature of Notary Public] __________________________________________
[Name of Notary Public] _____________________________________________
The undersigned, as principals and as legal representatives of [Owner or Operator] and [insert name and address of third-party claimant] hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [Owner or Operator] aboveground storage tank should be paid in the amount of $[ ______________ ].
[Signature(s)]__________________ [Signature(s)]______________________
I am the chief financial officer of [insert: name and address of Local Government Owner or Operator, or Guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/or “nonsudden accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) aboveground storage tank(s).
[Moody’s or
[Signature]
[Name]
[Title]
[Date]
I am the chief financial officer of [insert: name and address of Local Government Owner or Operator, or Guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/or “nonsudden accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) aboveground storage tank(s). This Local Government is not organized to provide general governmental services and does not have the legal authority under state law or constitutional provisions to issue general obligation debt.
Aboveground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: the name and address of the facility where tanks are assured by the bond rating test].
The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding revenue bond issues that are being used by [name of Local Government Owner or Operator, or Guarantor] to demonstrate financial responsibility are as follows: [complete table]
[Moody’s or
The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of $1 million. All outstanding revenue bonds issued by this government that have been rated by Moody’s or Standard & Poor’s are rated as at least investment grade (Moody’s Baa or Standard & Poor’s BBB) based on the most recent ratings published within the last 12 months. The revenue bonds listed are not backed by third-party credit enhancement or are insured by a municipal bond insurance company. Neither rating service has provided notification within the last 12 months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.
[Signature]
[Name]
[Title]
[Date]
I am the chief financial officer of [insert: name and address of the Owner or Operator]. This letter is in support of the use of the Local Government financial test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/or “nonsudden accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating [an] aboveground storage tank[s].
Aboveground storage tanks at the following facilities are assured by this financial test [List for each facility: the name and address of the Facility where ASTs assured by this financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this Facility, list each AST assured by this financial test by the tank identification number provided in the notification submitted pursuant to Part A of these Regulations].
[Signature]
[Name]
[Title]
[Date]
Guarantee made this [date] by [name of state], herein referred to as Guarantor, to [Department of Natural Resources and Environmental Control] and to any and all third parties, and obliges, on behalf of [Local Government Owner or Operator].
(2) [Local Government Owner or Operator] owns or operates the following aboveground 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 Part A of Delaware's Regulations Governing Aboveground Storage Tank Systems, and the name and address of the facility.] This guarantee satisfies Part D, requirements for assuring funding for [insert: “taking corrective 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 aboveground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert dollar amount] annual aggregate.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with Part B, Section 3 the Guarantor upon written instructions from the Department shall fund a standby trust fund in accordance with the provisions of Part D, Section 20 in an amount not to exceed the coverage limits specified above.
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, shall fund a standby trust in accordance with the provisions of Part D of Section 20 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
(4) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within 10 days after commencement of the proceeding.
(5) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [Owner or Operator] pursuant to the Delaware Regulations Governing Aboveground Storage Tank Systems.
(6) Guarantor agrees to remain bound under this guarantee for so long as [Local Government Owner Or Operator] must comply with the applicable financial responsibility requirements of Part D for the above identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [Owner or Operator], as evidenced by the return receipt.
(a) Any obligation of [Local Government Owner Or Operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert: Local Government Owner Or Operator] arising from, and in the course of, employment by [insert: Local Government Owner Or Operator];
(d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by [insert: Local Government Owner Or Operator] that is not the direct result of a release from a aboveground storage tank;
(e) Bodily damage or property damage for which [insert Owner Or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of Person signing]
[Title of Person signing]
Guarantee made this [date] by [name of guaranteeing entity], a Local Government organized under the laws of [name of state], herein referred to as Guarantor, to DNREC and to any and all third parties, and obliges, on behalf of [Local Government Owner or Operator].
(1) Guarantor meets or exceeds [select one: the Local Government bond rating test requirements of Part D, Section 12, the Local Government financial test requirements of Part D, Section 13 or the Local Government fund under Part D, Section 15].
(2) [Local Government Owner or Operator] owns or operates the following aboveground 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 Part A of the Delaware Regulations Governing Aboveground Storage Tank Systems, and the name and address of the facility. This guarantee satisfies Part D requirements for assuring funding for [insert: “taking corrective 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 aboveground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert: dollar amount] annual aggregate.
(3) Incident to our substantial governmental relationship with [Local Government Owner or Operator], Guarantor guarantees to DNREC and to any and all third parties that:
In the event that [Local Government Owner or Operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the Department has determined or suspects that a release has occurred at an aboveground storage tank covered by this guarantee, the Guarantor, upon instructions from the Department shall fund a standby trust fund in accordance with the provisions of Part D, Section 20, in an amount not to exceed the coverage limits specified above.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with Part D, Section 15, the Guarantor upon written instructions from the Department shall fund a standby trust fund in accordance with the provisions of Part D, Section 15, in an amount not to exceed the coverage limits specified above.
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, shall fund a standby trust in accordance with the provisions of Part D, Section 17 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
(5) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within 10 days after commencement of the proceeding.
(7) Guarantor agrees to remain bound under this guarantee for so long as [Local Government Owner or Operator] must comply with the applicable financial responsibility requirements of Part D for the above identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [Owner or Operator], as evidenced by the return receipt.
(a) Any obligation of [Local Government Owner or Operator] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert: Local Government Owner or Operator] arising from, and in the course of, employment by [insert: Local Government Owner or Operator];
(d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by [insert: Local Government Owner or Operator] that is not the direct result of a release from a aboveground storage tank;
(e) Bodily damage or property damage for which [insert: Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of Person signing]
[Title of Person signing]
Guarantee made this [date] by [name of state], herein referred to as Guarantor, to DNREC and to any and all third parties, and obliges, on behalf of [Local Government Owner or Operator].
(2) [Local Government Owner or Operator] owns or operates the following aboveground 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 Part A or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies Part D requirements for assuring funding for [insert: “taking corrective 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 aboveground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.
In the event that [Local Government Owner or Operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the DNREC has determined or suspects that a release has occurred at an aboveground storage tank covered by this guarantee, the Guarantor, upon written instructions from the Department shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with Part B Section 3, the Guarantor upon written instructions from the Department shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with Part B, §4 of Delaware's Regulations Governing Aboveground Storage Tank Systems, the Guarantor upon written instructions from the Department shall make funds available to pay for corrective actions in an amount not to exceed coverage limits specified above.
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, shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
(4) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within 10 days after commencement of the proceeding.
(6) Guarantor agrees to remain bound under this guarantee for so long as [Local Government Owner or Operator] must comply with the applicable financial responsibility requirements of Part D for the above identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [Owner or Operator], as evidenced by the return receipt. If notified of a probable release, the Guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.
(a) Any obligation of [Local Government Owner or Operator] under a workers’ compensation disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert Local Government Owner or Operator] arising from, and in the course of, employment by [insert: Local Government Owner or Operator];
(d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by [insert: Local Government Owner or Operator] that is not the direct result of a release from an aboveground storage tank;
(e) Bodily injury or property damage for which [insert: Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part D, Section 3.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of Person signing]
[Title of Person signing]
Guarantee made this [date] by [name of guaranteeing entity], a Local Government organized under the laws of [name of state], herein referred to as Guarantor, to DNREC and to any and all third parties, and obliges, on behalf of [Local Government Owner or Operator].
(1) Guarantor meets or exceeds [select one: the Local Government bond rating test requirements of Part D, §11, the Local Government financial test requirements of Part D, §12, the Local Government fund under Part D, §14.]
(2) [Local Government Owner or Operator] owns or operates the following aboveground 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 Part A of the Delaware Regulations Governing Aboveground Storage Tank Systems, and the name and address of the facility.] This guarantee satisfies Part D requirements for assuring funding for [insert: “taking corrective 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 aboveground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.
(3) Incident to our substantial governmental relationship with [Local Government Owner Or Operator], Guarantor guarantees to DNREC and to any and all third parties and obliges that:
In the event that [Local Government Owner Or Operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the Department has determined or suspects that a release has occurred at an aboveground storage tank covered by this guarantee, the Guarantor, upon written instructions from the Department shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with Part B, Section 3, the Guarantor upon written instructions from the Department shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.
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}, shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
(5) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within 10 days after commencement of the proceeding.
(7) Guarantor agrees to remain bound under this guarantee for so long as [Local Government Owner or Operator] must comply with the applicable financial responsibility requirements of Part D for the above identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [Owner or Operator], as evidenced by the return receipt. If notified of a probable release, the Guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.
(a) Any obligation of [Local Government Owner or Operator] under a workers’ compensation disability benefits, or unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert: Local Government Owner Or Operator] arising from, and in the course of, employment by [insert: Local Government Owner Or Operator];
(d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by [insert: Local Government Owner or Operator] that is not the direct result of a release from an aboveground storage tank;
(e) Bodily damage or property damage for which [insert: Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part.
(9) Guarantor expressly waives notice of acceptance of this guarantee by DNREC, by any or all third parties, or by [Local Government Owner Or Operator], I hereby certify that the wording of this guarantee is identical to the wording specified in Part D, Appendix P as such regulations were constituted on the effective date shown immediately below.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of Person signing]
[Title of Person signing]
I am the chief financial officer of [insert: name and address of Local Government Owner or Operator, or Guarantor]. This letter is in support of the use of the Local Government fund mechanism to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/or “nonsudden accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) aboveground storage tank(s).
Aboveground storage tanks at the following facilities are assured by this Local Government fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by the Local Government fund].
[Insert: “The Local Government fund is funded for the full amount of coverage required under Part D, Section 3, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage.” or “The Local Government fund is funded for ten times the full amount of coverage required under Part D, Section 3, or funded for part of the required amount of coverage and used in combination with other mechanisms(s) that provide the remaining coverage,” or “A payment is made to the fund once every year for seven years until the fund is fully-funded and [name of Local Government Owner or Operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund” or “A payment is made to the fund once every year for seven years until the fund is fully-funded and I have attached a letter signed by the State Attorney General stating that (1) the use of the bonding authority will not increase the Local Government’s debt beyond the legal debt ceilings established by the relevant state laws and (2) that prior voter approval is not necessary before use of the bonding authority”].
[Signature]
[Name]
[Title]
[Date]
Last Updated: December 31 1969 19:00:00.
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