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Employment Practices Liability Ins. (EPLI)
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Underground / Aboveground Storage Tanks (UST / AST) |
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This method demonstrates financial assurance for closure and post-closure care which conforms to the requirements of the EPA. The closure or post-closure insurance policy will guarantee that funds will be available to close the RCRA (eg. solid waste management operation) facility whenever final closure occurs or to provide post-closure care for the RCRA facility whenever the post-closure care period begins, whichever is applicable. If the owner or operator fails to properly implement the closure or post-closure plan, the insurer will be responsible for the paying out of funds to the owner or operator or other person authorized to conduct closure or post-closure care, up to an amount equal to the face amount of the policy. There are various means to satisfy the financial responsibility for closure / post-closure of a site with insurance being one option.
Costs start at $2,000,000. The owner or operator of the site must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct closure / post-closure care of their site in compliance with the plan. A future dollar payout program for the insured will be calculated and paid out for closure and post-closure.
Please click here to download the initial Closure / Post Closure application.
NOTE: The claim scenario summarized is offered only as example. The example is not intended to establish any standards of care or to serve as legal advice appropriate for any particular factual situations. Coverage depends on the actual facts of each case and the terms, conditions and exclusions of each individual policy.
A mining company has a closure / post-closure insurance policy in place to satisfy the company's financial responsibility. Money is set aside each year to ensure that the costs of any planned closure or post-closure project are provided. Annual funding is reviewed to insure the policy is properly funded to allow the Company to carry out its activities. In the unlikely event the Company walks away from the site, funds will be available to ensure that rehabilitation is completed.
When mining operations stop, closure commences and continues for a number of years. Closure is complete when the elements of the entire project have been demonstrated by the Company, to the satisfaction of the appropriate regulatory authorities, to have reached a safe, stable, self-sustaining, rehabilitated state.
Once closure of the site is complete, the post closure period commences. The Company will be responsible for maintaining the land and facilities in the long term, and will carry out all necessary monitoring and maintenance.
RCRA Sites | Landfills | Mines | |
Refineries | Brownfields | Superfund Sites |