7 Del. Admin. Code § 1352-D-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1352-D-3.0 - Amount and Scope of Required Financial Responsibility

3.1 Required Amount of Financial Responsibility by Aggregate Storage Capacity

3.1.1 Owners and Operators of ASTs shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of ASTs in at least the following amounts. Aggregate storage capacities used to establish the following levels of financial responsibility are the total storage capacity of all applicable ASTs in the State of Delaware:

3.1.1.1 For a person owning aggregate storage capacity less than or equal to 500,000 gallons, the demonstration of financial responsibility for corrective action and third-party liability shall be a minimum of $500,000 per occurrence and $1 million annual aggregate.

3.1.1.2 For a person owning aggregate storage capacity of greater than 500,000 gallons and less than or equal to 1,000,000 gallons, the demonstration of financial responsibility for corrective action and third-party liability shall be a minimum of $1 million per occurrence and $1 million annual aggregate.

3.1.1.3 For a person owning aggregate storage capacity of greater than 1,000,000 gallons and less than or equal to 3,000,000 gallons, the demonstration of financial responsibility for corrective action and third-party liability shall be a minimum of $1 million per occurrence and $2 million annual aggregate.

3.1.1.4 For a person owning aggregate storage capacity of greater than 3,000,000 gallons and less than or equal to 5,000,000 gallons, the demonstration of financial responsibility for corrective action and third-party liability shall be a minimum of $2 million per occurrence and $4 million annual aggregate.

3.1.1.5 For a person owning aggregate storage of greater than 5,000,000 gallons, the demonstration of financial responsibility for corrective action and third-party liability shall be a minimum of $3 million per occurrence and $6 million annual aggregate.

3.2 Additional Financial Responsibility Requirements

3.2.1 The amount of financial responsibility required under this Section excludes legal defense and administrative costs.

3.2.2 The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability of the Owner or Operator.

3.2.3 The annual aggregate on ASTs is separate from the annual aggregate on underground storage tanks.

3.2.4 Owners and Operators shall review the amount of financial responsibility provided whenever additional ASTs are installed to comply with the requirements of PART D, subsection 3.1.

7 Del. Admin. Code § 1352-D-3.0

8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (4/1/2017) (Final)