Or. Admin. Code § 141-145-0045

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-145-0045 - Insurance and Bond

(1) The Department may require the holder to obtain insurance in specified types and amounts if the Department determines that the proposed use presents a potential risk to other uses, to public trust uses, to public health, welfare, safety, the environment or to the State of Oregon, or if otherwise required by law. The Department shall require that the State of Oregon be named as an additional insured party in any such policy.

(2) The Department shall determine the required types and amounts of the insurance coverage the holder must obtain based on the nature and location of the use, potential risks and liabilities associated with that use, use restrictions associated with that use, any requirements of law, and any other unique aspects of the proposed use the Department determines to be relevant.

(3) The Department may, at its discretion, require that the holder obtain a surety bond or letter of credit in an amount specified by the Department or as required by law to secure performance of all terms and conditions of an authorization and performance of all terms and conditions of any order or agreement under which remedial work is being conducted.

(4) Nothing in this section shall be construed as preempting, limiting, or superseding any protections and limitations afforded to sureties under federal and state law.

Or. Admin. Code § 141-145-0045

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274