Current through Register Vol. 41, No. 3, September 23, 2024
(NOTE: Instructions in brackets are to be replaced with
the relevant information and the brackets deleted.)
Date bond executed:..........
Effective date:..........
Type of organization: [insert "individual," "joint
venture," "partnership," or "corporation"]
State of incorporation:..........
Vessels covered by this bond (see attached Schedule
A):..........
Penal sum of bond: $.....
Surety's bond number:..........
Purpose: This is an agreement between the Surety and the
Principal under which the Surety, its successors and assignees, agree to be
responsible for the payment of claims against the Principal for bodily injury
and/or property damage to third parties caused by accidental occurrences
arising from the transport of [insert "solid waste" or "regulated medical
waste"] by a covered vessel on the navigable waters of the Commonwealth in the
sums prescribed herein; subject to the governing provisions and the following
conditions.
(1) Virginia Waste Management Act, Title
10.1, Code of Virginia (1950), as amended.
(2) Transportation of Solid and Medical
Wastes on State Waters, 9VAC20-170.
Conditions:
(1)
The Principal is subject to the applicable governing provisions that require
the Principal to have and maintain liability coverage for bodily injury and
property damage to third parties caused by accidental occurrences arising from
the transport of [insert "solid waste" or "regulated medical waste"] by a
covered vessel on the navigable waters of the Commonwealth. Such obligation
does not apply to any of the following:
(a)
Bodily injury or property damage for which [insert principal] is obligated to
pay damages by reason of the assumption of liability in a contract or
agreement. This exclusion does not apply to liability for damages that [insert
principal] would be obligated to pay in the absence of the contract or
agreement.
(b) Any obligation of
[insert principal] under a workers' compensation, disability benefits, or
unemployment compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising
from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable
as an employer or in any other capacity; and
(B) To any obligation to share damages with
or repay another person who must pay damages because of the injury to persons
identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft or motor vehicle.
(e)
Property damage to:
(1) Any property owned,
rented, or occupied by [insert principal];
(2) Premises that are sold, given away or
abandoned by [insert principal] if the property damage arises out of any part
of those premises;
(3) Property
loaned to [insert principal];
(4)
Personal property in the care, custody or control of [insert
principal];
(5) That particular
part of real property on which [insert principal] or any contractors or
subcontractors working directly or indirectly on behalf of [insert principal]
are performing operations, if the property damage arises out of these
operations.
(2) This bond assures that the Principal will
satisfy valid third party liability claims, as described in condition
1.
(3) If the Principal fails to
satisfy a valid third party liability claim, as described above, the Surety
becomes liable on this bond obligation.
(4) The Surety shall satisfy a third party
liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the
third party claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and
[insert name and address of third party claimant(s)], hereby certify that the
claim of bodily injury and/or property damage caused by an accidental
occurrences arising from the transport of [insert "solid waste" or "regulated
medical waste"] by a covered vessel on the navigable waters of the Commonwealth
should be paid in the amount of $[ ].
[Signature]
Principal
[Notary] [Date]
[Signature(s)]
Claimant(s)
[Notary] [Date]
or
(b)
A valid final court order establishing a judgment against the Principal for
bodily injury or property damage caused by accidental occurrences arising from
the transport of [insert "solid waste" or "regulated medical waste"] by a
covered vessel on the navigable waters of the Commonwealth.
(5) In the event of combination of
this bond with another mechanism for liability coverage, this bond will be
considered [insert "primary" or "excess"] coverage.
(6) The liability of the Surety shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond. In no event shall the obligation of the Surety hereunder exceed the
amount of said annual aggregate penal sum, provided that the Surety furnishes
notice to the Director of the Department of Environmental Quality, Commonwealth
of Virginia forthwith of all claims filed and payments made by the Surety under
this bond.
(7) The Surety may
cancel the bond by sending notice of cancellation by certified mail to the
Principal and the Director of the Department of Environmental Quality,
Commonwealth of Virginia, provided, however, that cancellation shall not occur
during the 120 days beginning on the date of receipt of the notice of
cancellation by the Principal and the director, as evidenced by the return
receipt.
(8) The Principal may
terminate this bond by sending written notice to the Surety, provided, however,
that no such notice shall become effective until the Surety receives written
authorization for termination of the bond by the Director of the Department of
Environmental Quality, Commonwealth of Virginia.
(9) The Surety hereby waives notification of
amendments to applicable laws, statutes, rules and regulations and agrees that
no such amendment shall in any way alleviate its obligation on this
bond.
(10) This bond is effective
from [insert date] (12:01 a.m., standard time, at the address of the Principal
as stated herein) and shall continue in force until terminated as described
above.
In Witness Whereof, the Principal and Surety have executed
this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify
that they are authorized to execute this surety bond on behalf of the Principal
and Surety and that the wording of this surety bond is identical to the wording
specified in the relevant regulations of the Commonwealth of Virginia,
Department of Environmental Quality.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:
______________________________
Liability Limit: $______________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
Bond premium: $______________________________
SCHEDULE A
IDENTIFICATION OF COVERED VESSELS
Surety Bond [insert bond number] is applicable to the
following vessels:
Vessel Name Gross tons Owner Operator
§§ 10.1-1402 and 10.1-1454.1 of the Code of
Virginia.
