N.Y. Comp. Codes R. & Regs. tit. 6 § 381.10
Current through Register Vol. 46, No. 45, November 2, 2024
(a) The department may require a form of surety or financial responsibility from a permittee acceptable in form and amount to the department, to ensure compliance with the terms of the permit issued to such permittee pursuant to this Part.(b) Any transporter carrying low-level radioactive wastes in New York State shall supply evidence of security to the department from a reliable insurer or surety authorized to do business in New York State. Policies of insurance or surety bonds must be in a form and amount specified in this subdivision, and must provide liability coverage for bodily injury and property damage, including liability for environmental restoration resulting from negligence in the operation, maintenance or use of any vehicle involved in the transportation of low-level radioactive waste. The limits of the aforementioned insurance policy or surety bond shall be: (1) $5,000,000 for the transport of low-level radioactive wastes in any vehicle which exceeds 10,000 pounds (4,545 kilograms) maximum gross weight;(2) $1,000,000 for the transport of low-level radioactive wastes in any vehicle which does not exceed 10,000 pounds (4,545 kilograms) maximum gross weight, except that any transporter who carries any highway route controlled quantity of low-level radioactive waste as defined by 49 CFR 173.403 must have coverage as required pursuant to 49 CFR 387.9 (see section 381.18 of this Part).(c) Policies of insurance, surety bonds and endorsements required under this section must remain in effect continuously throughout the term of the permittee's transporter permit. Only policies which provide for notification to the department of intent to cancel at least 35 days in advance of cancellation by the insurer will fulfill the requirements of this section. The 35-day notice period begins on the date the notice is postmarked.(d) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds upon approval by the department. Policies must state that the liability of the retiring insurer or surety must terminate on the effective date of the replacement policy of insurance or surety bond or at the end of the 35-day cancellation period above, whichever is sooner, provided that there are no lapses in policy coverage as required under this section.N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.10