(a) Owners and/or operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this Part until released from the requirements under Section 61. An owner and/or operator shall maintain such evidence at the UST site or the owner's and/or operator's place of business. Records maintained off site shall be made available upon request by the department.
(b) The following financial responsibility evidence shall be maintained: - (i) Copy of the instrument worded as specified in the CFR for assurance mechanisms specified in 40 CFR 280.95 through 280.99, 280.102, or 280.104 through 280.107, all as referenced in Section 2.
- (ii) Copy of the chief financial officer's letter based on year-end financial statements for the most recently completed financial reporting year for a financial test or guarantee. Such evidence shall be on file no later than 120 days after the close of the financial reporting year.
- (iii) Copy of the bond rating published within the last 12 months by Moody's or Standard & Poor's for a local government bond rating test.
- (iv) Copy of the guarantor's bond rating published within the last 12 months by Moody's or Standard & Poor's for a local government guarantee where the guarantor's demonstration of financial responsibility relies on the bond rating test.
- (v) Copy of the signed insurance policy or risk retention group coverage policy, with the endorsement or certificate of insurance and any amendments to the agreements for an insurance policy or risk retention group coverage.
- (vi) The following documents for a local government fund:
- (A) A copy of the state constitutional provision or local government statute, charter, ordinance, or order dedicating the fund.
- (B) Year-end financial statements for the most recently completed financial reporting year showing the amount in the fund. If the fund is established using incremental funding backed by bonding authority, the financial statements shall show the previous year's balance, the amount of funding during the year, and the closing balance in the fund.
- (C) If the fund is established using incremental funding backed by bonding authority, also maintain documentation of the required bonding authority, including either the results of a voter referendum or attestation by the State Attorney General.
- (vii) Copy of the guarantor's year-end financial statements for the most recently completed financial reporting year showing the amount of the fund for a local government guarantee supported by the local government fund.
- (viii) Updated copy of a certification of financial responsibility for any assurance mechanism specified in 40 CFR 280.95 through 280.99, 280.102, or 280.104 through 280.107, all as referenced in Section 2. The certification shall be worded as follows (except that instructions in brackets are to be replaced with the relevant information):
Certification of Financial Responsibility
[Owner and/or operator name] hereby certifies that it is in compliance with the requirements of the Wyoming Solid and Hazardous Waste Division Rules and Regulations, Storage Tank Program, Chapter 1, Part N.
The financial assurance mechanism(s) used to demonstrate financial responsibility under this Chapter is/are as follows:
[For each mechanism list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage and if the mechanism covers "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "non-sudden accidental releases" or "accidental releases."]
[Signature of owner and/or operator, name of owner and/or operator, title, date], [signature of witness or notary, name of witness or notary, and date].
- (ix) The owner and/or operator shall update this certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility change(s).
020-1 Wyo. Code R. § 1-59