Authority: IC 13-14-8; IC 13-22-2; IC 13-22-8-1; IC 13-22-9-7
Affected: IC 13-22
Sec. 38.
A surety bond, as required in section 24(i) of this rule or 329 IAC 3.1-15-8(h) (see 329 IAC 3.1-15-10(l)), must be worded as follows except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted: Payment Bond
Surety Bond No. [insert number]
Parties: [insert name and address of owner or operator], Principal, incorporated in [insert state of incorporation] of [insert city and state of Principal's place of business] and [insert name and address of Surety Company or Companies], Surety Company or Companies, of [insert Surety's or Sureties' place of business].
U.S EPA identification number, name, and address for each facility guaranteed by this bond:________________
For Sudden Accidental Occurrences:
Penal Sum Per Occurrence: [insert amount]
Annual Aggregate: [insert amount]
For Nonsudden Accidental Occurrences:
Penal Sum Per Occurrence: [insert amount]
Annual Aggregate: [insert amount]
Purpose: This is an agreement between the Surety or Sureties and the Principal under which the Surety or Sureties, its successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury, property damage, or bodily injury and property damage to third parties caused by ["sudden", "nonsudden", or "sudden and nonsudden"] accidental occurrences arising from operations of the facility or group of facilities in the sums prescribed herein and subject to the governing provisions and the following conditions:
Governing provisions as follows:
1. Section 3004 of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984, as amended, 42 U.S.C. Section 6901, et seq.
2.329 IAC 3.1-14-24, 329 IAC 3.1-15-8, or 329 IAC 3.1-14-24 and 329 IAC 3.1-15-8. Conditions as follows:
1. The Principal is subject to the applicable governing provisions that require the Principal to have and to maintain liability coverage for bodily injury and property damage to third parties caused by ["sudden", "nonsudden", or "sudden and nonsudden"] accidental occurrences arising from operations of the facility or group of facilities. 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 workers' compensation, disability benefits, unemployment compensation law, or any similar law.(c) Bodily injury to: (i) an employee of [insert Principal] arising from and in the course of employment by [insert Principal]; or(ii) 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 whether [insert Principal] may be liable as an employer or in any other capacity and applies to any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in this paragraph.
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.(e) Property damage to any of the following: (i) Any property owned, rented, or occupied by [insert Principal].(ii) Premises that are sold, given away, or abandoned by [insert Principal] if the property damage arises out of any part of those premises.(iii) Property loaned to [insert Principal].(iv) Personal property in the care, custody, or control of [insert Principal].(v) 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 or Sureties becomes liable on this bond obligation.4. The Surety or Sureties shall satisfy a third party liability claim only upon the receipt of one (1) of the following documents, either (a) or (b): (a) Certification from the Principal and the third party claimant or claimants that the liability claim must 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 or claimants], hereby certify that the claim of bodily injury, property damage, or bodily injury and property damage caused by a ["sudden" or "nonsudden"] accidental occurrence arising from operating [Principal's] hazardous waste treatment, storage, or disposal facility must be paid in the amount of [in words] U.S. dollars $________.
[Signature]
Principal___________________________________
[Notary]
Date____________________________________________
[Signature or signatures]
Claimant or claimants_________________________________
[Notary]
Date__________________________________________.
(b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility or group of facilities.5. In the event of the 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 or Sureties must not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments will amount in the aggregate to the penal sum of the bond. In no event must the obligation of the Surety or Sureties hereunder exceed the amount of said annual aggregate penal sum, provided that the Surety or Sureties furnishes notice to the commissioner of the Indiana Department of Environmental Management (IDEM) forthwith of all claims filed and payments made by the Surety or Sureties under this bond.7. The Surety or Sureties may cancel the bond by sending notice of cancellation by certified mail to the IDEM commissioner provided, however, that cancellation must not occur during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by the Principal and the IDEM commissioner, as evidenced by the return receipt.8. The Principal may terminate this bond by sending written notice to the Surety or Sureties and to the IDEM commissioner. 9. The Surety or Sureties hereby waives notification of amendments to applicable laws, statutes, rules, and regulations and agrees that no such amendment must 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 must continue in force until terminated as described above. In Witness Whereof, the Principal and Surety or Sureties 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 or Sureties and that the wording of this surety bond is identical to the wording specified in 329 IAC 3.1-1438 as such rule was constituted on the date this bond was executed.
PRINCIPAL
[Signature or signatures]
[Name or names]
[Title or titles]
[Corporate seal]
CORPORATE SURETY OR SURETIES
[Name and address]
State of incorporation:____________________________________
Liability limit: $___________________________________________
[Signature or signatures]
[Name or names and title or titles]
[Corporate seal]
[For every co-surety, provide signature or signatures and other information in the same manner as for Surety above.]
Bond premium: $_______________________________________
(Note: The corporate seal is not required by Indiana law)
Solid Waste Management Board; 329 IAC 3.1-14-38; filed Apr 1, 1996, 11:00 a.m.: 19 IR 2008; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535Errata filed 5/13/2021, 3:03 p.m.: 20210609-IR-329210194ACA