020-19 Wyo. Code R. § 19-6

Current through April 27, 2019

Section 19-6 - Amount and Scope of Required Financial Responsibility

(a) Owners and/or operators of petroleum underground storage tanks or contaminated sites not eligible for the state corrective action program must 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 underground storage tanks in at least the following per-occurrence amounts:

(i) For owners and/or operators of petroleum underground storage tanks 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 through put for the previous calendar year; $1 million.

(ii) For all other owners and/or operators of petroleum underground storage tanks; $500,000.

(b) For the purposes of Section 6(c) and 6(f) only, "a petroleum underground storage tank" means a single containment unit and does not mean combinations of single containment units.

(c) Owners and/or operators of petroleum underground storage tanks not eligible for the state corrective action program must 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 underground storage tanks in at least the following annual aggregate amounts:

(i) For owners and/or operators of 1 to 100 petroleum underground storage tanks, $1 million, and;

(ii) For owners and/or operators of 101 or more petroleum underground storage tanks, $2 million.

(d) Except as provided in Section 6(e), an owner and/or operator not eligible for the state corrective action program shall use separate mechanisms or separate combinations of mechanisms in the full amount specified in Sections 6(a) and 6(c) to demonstrate financial responsibility for:

(i) Taking corrective action; and

(ii) Compensating third parties for bodily injury and property damage caused by sudden or non-sudden accidental releases.

(e) If an owner and/or operator not eligible for the state corrective action program uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum underground storage tanks, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

(f) Owners and/or operators not eligible for the state corrective action program shall review the amount of aggregate assurance provided whenever additional petroleum underground storage tanks are acquired or installed. If the total number of petroleum underground storage tanks for which assurance must be provided exceeds 100, the owner and/or operator 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 owner and/or operator 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 one of the mechanisms combined (other than a financial test or guarantee) to provide assurance.

(g) The amounts of financial 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 owner and/or operator.

020-19 Wyo. Code R. § 19-6