Mo. Code Regs. tit. 10 § 26-3.106

Current through Register Vol. 49, No. 23, December 2, 2024

Section 10 CSR 26-3.106 - Reporting by Owner or Operator

PURPOSE: This rule requires owners and operators to show evidence of financial responsibility to the department.

(1) An owner or operator shall submit the appropriate forms listed in 10 CSR 26-3.107(2) documenting current evidence of financial responsibility to the director-

(A) Within thirty (30) days after the owner or operator identifies a release from an underground storage tank (UST) required to be reported under 10 CSR 26-2.053 or 10 CSR 26-2.071;

(B) If the owner or operator fails to obtain alternate coverage as required by 10 CSR 26-3.090-10 CSR 26-3.115 within thirty (30) days after the owner or operator receives notice of-

1. Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming a provider of financial assurance as a debtor;

2. Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

3. Failure of a guarantor to meet the requirements of the financial test; or

4. Other incapacity of a provider of financial assurance; or

(C) As required by 10 CSR 26-3.095(7) and 10 CSR 26-3.105(2).

(2) An owner or operator shall certify compliance with the financial responsibility requirements of 10 CSR 26-3.090-10 CSR 26-3.115 as specified in the new tank notification form (see 10 CSR 26-2.022) when notifying the department of the installation of a new UST under 10 CSR 26-2.022.

(3) The director may require an owner or operator to submit evidence of financial assurance as described in 10 CSR 26-3.107(2) or other information relevant to compliance with 10 CSR 26-3.090-10 CSR 26-3.115 at any time.

10 CSR 26-3.106

AUTHORITY: section 319.114, RSMo 2000.* This rule originally filed as 10 CSR 20-11.106. Original rule filed Feb. 7, 1991, effective 8/30/1991. Amended: Filed Aug. 3, 1993, effective 4/9/1994. Moved and amended: Filed April 15, 2011, effective 12/30/2011 .

*Original authority: 319.114, RSMo 1989.