Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 15 - WASTE TIRE MANAGEMENT
Rule 5 - Financial Assurance
Section 5-8 - Insurance
Universal Citation: 329 IN Admin Code 5-8
Current through March 20, 2024
Authority: IC 13-19-3-1; IC 13-20-13-11
Affected: IC 13-30-2; IC 36-9-30
Sec. 8.
(a) The owner or operator of a waste tire storage site may comply with this rule by providing evidence of insurance on:
(1) forms provided
by the department; or
(2) other
forms approved by the department.
(b) All insurance must include the following requirements:
(1) The establishment of credit
in the amount determined by section 3 of this rule.
(2) Provision that the insurer shall make
payments in any amount to any person authorized by the department, if the
department notifies the insurer in writing that the owner or operator of the
waste tire storage site has failed to perform final closure.
(3) Provision that the owner or operator of
the waste tire storage site shall maintain the policy in full force and effect
unless the department consents in writing to termination of the
policy.
(4) Provision that the
insurer may not cancel, terminate, or fail to renew the policy unless the owner
or operator of the waste tire storage site fails to pay the premium. No
cancellation, termination, or failure to renew may occur unless the department
and the owner or operator of the waste tire storage site are notified by the
insurer through certified mail at least one hundred twenty (120) days before
the event.
(c) In one (1) or more states, the insurer shall either be:
(1) licensed to transact the business of
insurance; or
(2) eligible to
provide insurance as an excess or surplus lines insurer.
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