§ 22216. CIWMB - Amount of Required Coverage. (T14:s18232)
(a) An operator of one or more disposal facilities shall demonstrate financial responsibility for compensating third parties for bodily injury and property damage caused by any accidental occurrences, including exposures to pollution, in at least the amount of:
(1) One million dollars ($1,000,000) per occurrence; and
(2) One million dollars ($1,000,000) annual aggregate for 1 facility.
(3) Two million dollars ($2,000,000) annual aggregate for 2 facilities.
(4) Three million dollars ($3,000,000) annual aggregate for 3 facilities.
(5) Four million dollars ($4,000,000) annual aggregate for 4 facilities.
(6) Five million dollars ($5,000,000) annual aggregate for 5 or more facilities, which is the maximum coverage required.
(b) The required amounts of coverage shall be exclusive of legal defense costs, deductibles and any self-insured retention.
(c) The required amounts of coverage shall apply exclusively to an operator's facility or facilities located in the State of California.
(d) An operator may use one or more mechanisms to provide proof of financial assurance.
(e) If a trust fund or government securities is depleted to compensate third parties for bodily injuries and/or property damages caused by accidental occurrences, the operator shall, within one year of the depletion, demonstrate financial responsibility for the full amount of coverage required by ¶(a) by replenishing the depleted mechanism(s) and/or acquiring additional financial assurance mechanism(s).
(f) If an environmental liability fund is depleted to compensate third parties for bodily injuries and/or property damages caused by an accidental occurrence, the operator shall, within one year of the depletion, demonstrate financial responsibility for the full amount of coverage required by s22253, as if no depletion had occurred.(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)
Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Sections 43040 and 43103, Public Resources Code.
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