7 Del. Admin. Code § 1352-D-18.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 1352-D-18.0 - Drawing on Financial Responsibility Mechanisms18.1 Requirements for Drawing on Mechanisms 18.1.1 Except as specified in PART D, subsection 18.1.4, the Department shall require the Guarantor, surety, or institution issuing a letter of credit, to place the amount of funds stipulated by the Department, up to the limit of funds provided by the financial responsibility mechanism, into the standby trust if: 18.1.1.1 The Owner or Operator fails to establish alternate financial responsibility within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial responsibility mechanisms; and18.1.1.2 The Department determines or suspects that a release from an AST covered by the mechanism has occurred and so notifies the Owner or Operator or the Owner and Operator has notified the Department pursuant to requirements established under Part E of this regulation of a release from an AST covered by the mechanism; or18.1.1.3 The conditions of PART D, subsection 18.1.2.1 or PART D, subsection 18.1.2.2 are satisfied.18.1.2 The Department may draw on a standby trust fund when: 18.1.2.1 The Department makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, but the Owner or Operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under Part E of this regulation; or18.1.2.2 The Department has received either: 18.1.2.2.1 Certification from the Owner or Operator and the third-party liability claimant(s) and from attorneys representing the Owner or Operator and the third party liability claimant(s) that a third party liability claim should be paid. The certification shall be worded as shown in PART D, Section 28.0, Form I of this Part except that instructions in brackets are to be replaced with the relevant information and the brackets deleted; or18.1.2.2.2 A valid final court order establishing a judgment against the Owner or Operator for bodily injury or property damage caused by an accidental release from an AST covered by financial responsibility under PART D and the Department determines that the Owner or Operator has not satisfied the judgment.18.1.3 If the Department determines that the amount of corrective action costs and third-party liability claims eligible for payment under PART D, subsection 18.1.2 may exceed the balance of the standby trust fund and the obligation of the provider of financial responsibility, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The Department shall pay third party liability claims in the order in which the Department receives certifications under PART D, subsection 18.1.2.18.1.4 A governmental entity acting as Guarantor under PART D, Section 13.0, the local government guarantee without standby trust, shall make payments as directed by the Secretary under the circumstances described in PART D, subsection 18.1.1, PART D, subsection 18.1.2 and PART D, subsection 18.1.3.7 Del. Admin. Code § 1352-D-18.0
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)