310 CMR, § 80.58

Current through Register 1538, January 3, 2025
Section 80.58 - Requirements for Reporting by Owner or Operator
(1) Within 150 days of the close of the financial reporting year of the Owner or Operator, if such Owner or Operator is using 310 CMR 80.54(10)(b) to meet the requirements of 310 CMR 80.52, the Owner or Operator shall submit to the Department the following documents with an updated registration pursuant to 310 CMR 80.23(1)(b):
(a) Letter from the chief financial officer in accordance with 310 CMR 80.54(10)(d); and
(b) Year-end financial statements in accordance with 310 CMR 80.54(10)(b)5.
(2) Within 150 days of the close of the financial reporting year of the Owner or Operator, if such Owner or Operator is using 310 CMR 80.54(10)(c) to meet the requirements 310 CMR 80.52, the Owner or Operator shall submit to the Department the following documents, with an updated registration pursuant to 310 CMR 80.23(1)(b):
(a) Letter from the chief financial officer in accordance with 310 CMR 80.54(10)(d);
(b) Year-end financial statements in accordance with 310 CMR 80.54(10)(c)1.; and
(c) A special report from an independent certified public accountant, if applicable in accordance with 310 CMR 80.54(10)(c)4.
(3) Within 150 days of the close of the financial reporting year of the Owner or Operator, if such Owner or Operator is using 310 CMR 80.54(11) to meet the requirements of 310 CMR 80.52, the Owner or Operator shall submit to the Department the following documents with an updated registration pursuant to 310 CMR 80.23(1)(b):
(a) Letter from the chief financial officer in accordance with 310 CMR 80.54(11)(b); and (b) A copy of the fully executed guarantee, if the guarantee has been amended from the previous year;
(c) A copy of the stand-by trust in accordance with 310 CMR 80.58(1), if the stand-by trust has been amended from the previous year.
(4) An Owner or Operator shall submit to the Department written documentation of its current financial assurance, if the Owner or Operator fails to obtain alternate coverage as required by 310 CMR 80.57, within 30 days after the Owner or Operator receives notice of the following from its financial assurance provider:
(a) Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor;
(b) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism; or
(c) Other incapacity of a provider of financial assurance.
(5) If the Owner or Operator fails to obtain alternate coverage within 60 days of cancellation of its financial assurance mechanism, the Owner or Operator shall submit information in accordance with 310 CMR 80.57(2).
(6) The Department may require an Owner or Operator to submit evidence of financial assurance as described 310 CMR 80.59 or other information to determine compliance with 310 CMR 80.51 through 80.63 at any time.

310 CMR, § 80.58

Adopted by Mass Register Issue S1277, eff. 1/2/2015.
Amended by Mass Register Issue 1453, eff. 10/1/2021.