Mo. Code Regs. tit. 10 § 26-3.094
PURPOSE: This rule outlines the methods allowed for demonstrating financial responsibility for releases from petroleum underground storage tanks.
Wording of Financial Assurance Instruments Form 1-Letter from Chief Financial Officer
The following text should be used to comply with the requirements of 10 CSR 26-3.095(4) as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:
Letter from Chief Financial Officer
I am the chief financial officer of [insert name and address of the owner or operator or guarantor]. This letter is in support of the use of [insert "the financial test of self insurance" and/or "guarantee"] to demonstrate financial responsibility for [insert "taking corrective action" and/or "compensating third parties for bodily injury and property damage"] caused by [insert "sudden accidental releases" and/or "non-sudden accidental releases"] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s).
Underground storage tanks at the following facilities are assured by this financial test by this [insert "owner or operator" and/or "guarantor"]: [List for each facility: the name and address of the facility where tanks assured by this financial test are located and whether tanks are assured by this financial test by the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022]. A [insert "financial test" and/or "guarantee"] is also used by this [insert "owner or operator" or "guarantor"] to demonstrate financial responsibility in the following amounts under other E PA regulations or state programs authorized by EPA under 40 CFR parts 271 and 145:
Federal Rules
| Closure (264.143 and 265.143) | $ |
| Post-Closure Care (264.145 and 265.145) | $ |
| Liability Coverage (264.147 and 265.147) | $ |
| Corrective Action (264.101(b)) | $ |
| Plugging and Abandonment (144.63) | $ |
| Closure | $ |
| Post-Closure Care | $ |
| Liability Coverage | $ |
| Corrective Action | $ |
| Plugging and Abandonment | $ |
| Total | $ |
This [insert "owner or operator" or "guarantor"] has not received an adverse opinion, a disclaimer of opinion or a "going concern" qualification from an independent auditor on his/her financial statements for the latest completed fiscal year.
[Fill in the information for Alternative I if the criteria of 10 CSR 26-3.095(2) are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of 10 CSR 26-3.095(3) are being used to demonstrate compliance with the financial test requirements.]
Alternative I
Information Administration? __Yes __ No
Electrification Administration? __Yes __ No
Alternative II
of assets are located in the United States) $
(If "No" complete line eleven) __Yes __ No
(Fill in either lines twelve through fifteen or lines sixteen through eighteen)
Energy Information Administration or the Rural Electrification Administration? __Yes __ No
(If "No," please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines four through eighteen above and the financial statements for the latest fiscal year.)
(For both Alternative I and Alternative II complete the certification with this statement.)
"I hereby certify that the wording of this letter is identical to the wording specified in 10 CSR 26-3.095(4) as such rules were constituted on the date shown immediately below."
[Signature]
[Name]
[Title]
[Date]
10 CSR 26-3.094
*Original authority: 319.114, RSMo 1989.