Section R. 29.2163a - Amount and scope of required financial responsibilityRule 63a. Section 280.93 is amended to read as adopted from the July 15, 2015, EPA-UST rules as follows:
Section 280.93.
(a) O/Os of petroleum USTs shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs in at least the following per occurrence amounts: (1) For O/Os of petroleum USTs that are located at petroleum marketing facilities, or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year, $1 million.(2) For all other O/Os of petroleum USTs, $500,000.(b) O/Os of petroleum USTs shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs in at least both of the following annual aggregate amounts: (1) For O/Os of 1 to 100 petroleum USTs, $1 million.(2) For O/Os of 101 or more petroleum USTs, $2 million.(c) For the purposes of subsections (b) and (f) of this section, only, a petroleum underground storage tank means a single containment unit and does not mean combinations of single containment units.(d) Except as provided in subsection (e) of this section, if the O/O uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for taking corrective action, and 1 of the following: (1) Compensating third parties for bodily injury and property damage caused by sudden accidental releases.(2) Compensating third parties for bodily injury and property damage caused by nonsudden accidental releases, the amount of assurance provided by each mechanism or combination of mechanisms must be in the full amount specified in subsections (a) and (b) of this section.(e) If an O/O uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum USTs, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.(f) O/Os shall review the amount of aggregate assurance provided whenever additional petroleum USTs are acquired or installed. If the number of petroleum USTs for which assurance must be provided exceeds 100, the O/O shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If assurance is being demonstrated by a combination of mechanisms, the O/O shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the first occurring effective date anniversary of any 1 of the mechanisms combined (other than a financial test or guarantee) to provide assurance.(g) The amounts of assurance required under this section exclude legal defense costs.(h) The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability of the O/O.Mich. Admin. Code R. 29.2163a
1998-2000 AACS; 2018 MR 21, Eff. 11/14/2018