Current through Register Vol. 43, No. 12, March 20,
2024
Except as provided in subsection (d), each owner or operator of
a permitted solid waste disposal area or processing facility shall secure and
maintain liability insurance for claims arising from injuries to other parties,
including bodily injury and property damage.
(a) Amount of liability coverage.
(1) The permit application shall be reviewed
by the department to determine the amount of insurance coverage that the owner
or operator shall secure and maintain for each disposal area or processing
facility, based on the types of waste disposed and on the location, area, and
geological characteristics of the site.
(2) Each owner or operator shall maintain
insurance that shall provide coverage, including completed operations coverage,
in the amount determined by the department but with commercial general
liability limits not less than $1,000,000 for each occurrence and $1,000,000
for the annual aggregate.
(3) Each
owner or operator shall maintain a policy that shall provide that the
deductible amount be first paid by the insurer upon establishment of the legal
liability of the insured, with full right of recovery from the insured. The
deductible amount shall not exceed 2.5% of the policy limit for single
occurrences.
(b)
Insurance provider.
(1) Each owner or
operator shall maintain a liability insurance policy that shall be issued by an
insurance company authorized to do business in Kansas or through a licensed
insurance agent operating under the authority of
K.S.A.
40-246b, and amendments thereto.
(2) Each owner's or operator's liability
insurance policy shall be subject to the insurer's policy provisions filed with
and approved by the commissioner of insurance pursuant to
K.S.A.
40-216 and amendments thereto, except as
authorized by
K.S.A.
40-246b, and amendments thereto.
(c) Proof of insurance.
(1) Each owner or operator shall furnish, at
the following times, a certificate or memorandum of insurance to the department
for the department's approval, showing specifically the coverage and limits
together with the name of the insurance company and insurance agent:
(A) Before the department issues the permit
and before any development work is started; and
(B) before each annual renewal of the permit
during the active life of the area or facility.
(2) If any of the coverage set forth on the
certificate or memorandum of insurance is reduced, canceled, terminated, or not
renewed, the owner or operator or insurance company shall furnish the
department with an appropriate notice of the action no fewer than 30 days
before the effective date of the reduction, cancellation, termination, or
nonrenewal.
(d)
Governmental entities. Any owner or operator that is a governmental entity as
defined in
K.S.A.
75-6102, and amendments thereto, and is
subject to provisions of the Kansas tort claims act, and amendments thereto,
may provide to the department a statement or other evidence of its intention to
fund liability judgements in the manner provided in
K.S.A.
75-6113, and amendments thereto, in lieu of
providing evidence of purchased insurance covering liability for accidental
occurrences.
(e) Variances. Any
owner or operator may request that the department evaluate the hazard or
hazards involved and may request a variance, under K.A.R. 28-29-2, from the
insurance method or specific insurance coverage amounts prescribed in this
regulation if all the following conditions are met:
(1) The solid waste management activity is
conducted solely on the premises where the wastes are generated.
(2) The owner or operator performs the waste
management activity.
(3) The owner
or operator is the owner of the property where the activity is conducted.
(4) The owner or operator is able
to demonstrate other financial responsibility satisfactory to the department.
This demonstration shall be made by adding the required liability coverage
amount to the costs of closure and postclosure care assured by the corporate
financial test method as specified in K.A.R. 28-29-2108, or the corporate
guarantee method as specified in K.A.R. 28-29-2109.
