S.C. Code Regs. § § 61-92.280.H.112

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-92.280.H.112 - DRAWING ON FINANCIAL ASSURANCE MECHANISMS

(a) Except as specified in paragraph (d) of this section, the Department shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the Department up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:

(1)

(i) The owner or operator fails to establish alternate financial assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and

(ii) The Department determines or suspects that a release from an underground storage tank covered by the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the Department pursuant to Subparts E or F of a release from an UST covered by the mechanism; or

(2) The conditions of paragraph (b)(l) or (b)(2)(i) or (ii) of this section are satisfied.

(b) The Department may draw on a standby trust fund when:

(1) The Department makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under R.61-92.280, Subpart F of this part; or

(2) The Department has received either:

(i) Certification from the owner or operator and the third-party liability claimant(s) and from attorneys representing the owner or operator and the third-party liability claimant(s) that a third-party 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 principals and as legal representatives of [insert: 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's or operator's] underground storage tank should be paid in the amount of $[].

[Signatures] [Signature(s)]

Owner or Operator Claimant(s)

Attorney for Owner or Operator Attorney(s) for Claimant(s)

(Notary) Date (Notary) Date

(ii) A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from an UST covered by financial assurance under this subpart and the Department determines that the owner or operator has not satisfied the judgment.

(c) If the Department determines that the amount of corrective action costs and third-party liability claims eligible for payment under paragraph (b) of this section may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The Department shall pay third-party liability claims in the order in which the Department receives certifications under paragraph (b)(2)(i) of this section, and valid court orders under paragraph (b)(2)(ii) of this section.

(d) A governmental entity acting as guarantor under Section 280.106(e), the local government guarantee without standby trust, shall make payments as directed by the Department under the circumstances described in Section 280.112(a), (b), and (c).

S.C. Code Regs. § 61-92.280.H.112

Added by State Register Volume 19, Issue No. 9, eff September 22, 1995; State Register Volume 41, Issue No. 05, eff. 5/26/2017.