D.C. Mun. Regs. tit. 20, r. 20-6701

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 20-6701 - FINANCIAL RESPONSIBILITY MECHANISMS
6701.1

Subject to the limitations of §§ 6701.2 and 6701.3, the owner of a petroleum UST may use any single mechanism or combination of mechanisms listed in §§ 6703 through 6710 to demonstrate financial responsibility under this chapter for one (1) or more USTs.

6701.2

An owner may use a guarantee or surety bond to establish financial responsibility only if the Office of the Attorney General of the District of Columbia has submitted a written statement to the Department that the guarantee or surety bond executed as described in this chapter is a legally valid and enforceable obligation in the District.

6701.3

An owner may use self- insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under §§ 6703 through

6705, the financial statements of the owner are not consolidated with the financial statements of the guarantor.

6701.4

Subject to the requirements of §§ 6701.5 and 6701.6, an owner may substitute any alternative financial assurance mechanism or combination of mechanisms specified in §§ 6703 through 6710 for a financial assurance mechanism currently in place.

6701.5

If an owner substitutes an alternative financial mechanism, the owner shall maintain the existing financial assurance mechanism or combination of mechanisms in effect, in compliance with the requirements of § 6700, until the transition to the alternative mechanism or mechanisms is completed.

6701.6

An owner shall obtain alternative assurance of financial responsibility within thirty (30) days after the owner receives notice of any of the following:

(a) Commencement of a voluntary or involuntary proceeding under Title 11 of the United States Code (Bankruptcy) 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;
(c) Failure of a guarantor to meet the requirements of the financial test required under this chapter; or
(d) Any other incapacity of a provider of financial assurance.
6701.7

Whenever there is a change in a financial assurance mechanism used to demonstrate financial responsibility, the owner shall update the certification of financial responsibility within thirty (30) days of the change in accordance with §5500.4 and in the form prescribed by Appendix 67-1 (Certification of Financial Responsibility).

D.C. Mun. Regs. tit. 20, r. 20-6701

Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5770 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); amended by Final Rulemaking published at 67 DCR 1778 (2/21/2020)