Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 90 - Weights, Measures and Consumer Protection
Chapter 30 - Petroleum Inspection
Section 2 CSR 90-30.086 - Financial Responsibility for Aboveground Storage Tank Owners and Operators
Universal Citation: 2 MO Code of State Regs 90-30.086
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes allowable mechanisms for owners and operators of regulated aboveground storage tanks to demonstrate financial responsibility for releases of products from those tanks as required by section 414.036, RSMo.
(1) Applicability.
(A) Except as outlined in paragraphs 1. and
2. of this subsection, this rule applies to the legal owner and operator of an
above-ground storage tank, defined as any one (1) or a combination of tanks,
including pipes connected thereto, used to contain an accumulation of petroleum
and the volume of which, including the volume of the above-ground pipes
connected thereto, is ninety percent (90%) or more above the surface of the
ground, which is utilized for the sale of products regulated by Chapter 414,
RSMo.
1. This rule does not apply to-
A. The owner or operator of an above-ground
storage tank at a refinery, pipeline terminal, rail terminal, or marine
terminal;
B. The owner or operator
of an above-ground storage tank used for storing heating oil for consumptive
use on the premises where stored; or
C. The owner or operator of an above-ground
storage tank situated in an underground area, such as a basement, cellar,
mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or
above the surface of the floor.
2. Aboveground storage tanks which meet the
following criteria are deferred from complying with this rule as long as the
owner of such tank(s) complies with all other applicable requirements of 2 CSR
90-30:
A. The tanks are in use at a single
location;
B. The tank(s), piping,
and dispensing equipment are aboveground and totally contained in a
liquid-tight metal, concrete, or synthetic containment;
C. The aggregate capacity of the tank(s)
located in the secondary containment is two thousand (2,000) gallons or
less.
(B)
Owners and operators of aboveground storage tanks which are in use on or after
January 1, 2011, are subject to this rule.
(C) If the owner and operator of an
above-ground storage tank are separate persons, only one (1) person is required
to demonstrate financial responsibility; however, both parties are liable in
the event of noncompliance.
(2) Amount and Scope of Required Financial Responsibility.
(A) The owner or operator of
an above-ground storage tank (AST) shall demonstrate financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and/or property damage caused by sudden and non-sudden accidental
releases arising from the operation of the AST in at least the following
amounts:
1. One (1) million dollars per
occurrence; and
2. Two (2) million
dollars annual aggregate.
(B) This rule shall not serve to limit the
liability of the owner or operator.
(3) Allowable Mechanisms.
(A) An owner or operator may use any one (1)
or a combination of the following mechanisms to meet the requirements of this
rule, provided that the total scope and amount meet the requirements of this
rule:
1. Self-insurance, subject to the
requirements in subsection (B) of this section;
2. The Missouri Petroleum Storage Tank
Insurance Fund;
3. An insurance
policy issued by a commercial insurance company or a risk retention group,
subject to the requirements in subsection (C) of this section.
(B) Requirements for
Self-Insurance-An owner or operator must have a tangible net worth of at least
ten (10) million dollars, per audited year-end financial statements for the
latest completed fiscal year or per financial statements filed with the U.S.
Securities and Exchange Commission for the latest completed fiscal
year.
(C) Requirements for
Insurance or Risk Retention Group Coverage.
1.
An owner or operator may satisfy the financial responsibility requirements of
this rule by obtaining liability insurance from a qualified insurer or risk
retention group. This insurance may be in the form of a separate insurance
policy or an endorsement to an existing insurance policy.
2. The endorsement or policy must provide
coverage for claims otherwise covered by the policy that are reported to the
insurer or risk retention group within six (6) months of the effective date of
cancellation or non-renewal of the policy except where the new or renewed
policy has the same retroactive date or 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.
3. The
endorsement or policy shall be issued by an insurer or risk retention group
that, at a minimum, is licensed to transact the business of insurance or
eligible to provide insurance as an excess or surplus lines insurer in this
state.
(4) Cancellation or Nonrenewal by a Provider of Financial Assurance.
(A) Except as otherwise provided, a provider
of financial assurance may cancel or fail to renew an assurance mechanism by
sending a notice of termination by certified mail to the owner or operator.
Notice of termination shall comply with the following requirement:
1. Termination of insurance or risk retention
group coverage, except for nonpayment or misrepresentation by the insured,
shall not occur until sixty (60) days after the date on which the notice is
mailed. Termination for nonpayment of premium or misrepresentation by the
insured may not occur until a minimum of ten (10) days after the date on which
the notice of termination is mailed.
(B) If a provider of financial responsibility
cancels or fails to renew for reasons other than incapacity of the provider,
the owner or operator shall obtain alternate coverage within sixty (60) days
after the date coverage cancels or does not renew. If the owner or operator
fails to obtain alternate coverage within sixty (60) days, the owner or
operator shall immediately notify the director of the Department of Agriculture
by mail of the cancellation of coverage and shall submit-
1. The name and address of the provider of
financial assurance; and
2. The
effective date of termination.
(5) Reporting and Enforcement.
(A) Upon request, an owner or operator shall
submit one (1) or more documents demonstrating compliance with this rule to the
director of the Department of Agriculture.
(B) If an owner or operator fails to comply
with this rule or fails to provide documents to the director demonstrating
compliance, the director may, at his sole discretion take enforcement action in
accordance with section
414.152,
RSMo.
*Original authority: 414.036, RSMo 2008.
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