Subchapter H. FINANCIAL RESPONSIBILITY
REQUIREMENTS FOR OWNERS AND OPERATORS OF
UNDERGROUND STORAGE TANKS AND STORAGE
TANK FACILITIES
Sec.
245.701. Purpose.
245.702. Scope.
245.703. Owner or operator financial responsibility.
245.704. General requirements.
245.705. Owner and operator liability.
245.706. Underground storage tanks not covered by USTIF.
245.707. Coverage amounts for financial responsibility.
245.708. Failure to maintain financial responsibility.
Source The provisions of this Subchapter H adopted December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 245.222 (relating to application requirements).
§ 245.701. Purpose.
This subchapter sets forth the requirements for an owner or operator of an underground storage tank to comply with the obligation to have adequate financial responsibility, as required by section 701 of the act (35 P. S. § 6021.701), and by Federal regulations at 40 CFR 280, Subpart H (relating to financial responsibility).
§ 245.702. Scope.
This subchapter applies to an owner or operator of an underground storage tank regulated under the act.
§ 245.703. Owner or operator financial responsibility.
The owner of the underground storage tank shall comply with the financial responsibility requirements of this subchapter, unless there is a written agreement between the owner and the operator of the underground storage tank setting forth a different arrangement between the owner and operator for provision of financial responsibility. The liability of the owner or operator established under the act for corrective action and for compliance with the requirements for the operation of underground storage tanks will not be affected by this section.
§ 245.704. General requirements.
(a) An owner or operator of an underground storage tank shall continuously participate in the USTIF by timely paying all applicable fees and conforming with all other requirements for participation in the USTIF, unless the EQB has determined that the underground storage tank is an exempt underground storage tank.
(b) An owner or operator of an underground storage tank shall have sufficient financial resources available to continuously meet the USTIF deductibles for both corrective action and third party liability as determined in accordance with § 245.707 (relating to coverage amounts for financial responsibility). The deductible coverage must be in a method required under section 701(b) of the act (35 P. S. § 6021.701(b)) including a guarantee, surety bond, qualification as a self-insurer, insurance or risk retention coverage, letter of credit, indemnity contract, trust fund, stand by trust fund, or other method approved or deemed satisfactory by the Department.
(c) The owner or operator shall have written documentation of the USTIF deductible coverage readily available and provide this documentation to the Department upon request to demonstrate that the owner or operator has sufficient financial resources to meet the USTIF deductible for both corrective action and third party liability as determined in accordance with § 245.707.
Source The provisions of this § 245.704 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331126).
§ 245.705. Owner and operator liability.
This subchapter does not limit or waive the liability of an owner or operator for corrective action or for third party liability.
§ 245.706. Underground storage tanks not covered by USTIF.
(a) The owner or operator of an exempt underground storage tank shall maintain adequate financial responsibility in accordance with 40 CFR 280, Subpart H (relating to financial responsibility).
(b) Upon request of the Department, an owner or operator of an exempt underground storage tank shall submit a written certification or provide other written evidence to the Department that the owner or operator satisfies the requirements of subsection (a). The certification shall be made on a form provided by the Department.
§ 245.707. Coverage amounts for financial responsibility.
The owner or operator of an underground storage tank, other than an exempt underground storage tank, shall comply with the financial responsibility requirements of this subchapter by maintaining sufficient financial resources to provide the coverage for both corrective action and third party liability, in the amounts set forth in paragraphs (1) and (2) for the applicable number of tanks:
(1) For corrective action:
Number of tanks Amount of required coverage 1—6 1 x USTIF deductible 7—12 2 x USTIF deductible 13—18 3 x USTIF deductible 19—24 4 x USTIF deductible 25—30 5 x USTIF deductible 31—36 6 x USTIF deductible 37—42 7 x USTIF deductible 43—48 8 x USTIF deductible 49—60 9 x USTIF deductible 61—100 10 x USTIF deductible 101—200 11 x USTIF deductible 201—300 12 x USTIF deductible 301—600 13 x USTIF deductible over 600 14 x USTIF deductible (2) For third party liability:
Number of tanks Amount of required coverage 1—100 1 x USTIF deductible over 100 2 x USTIF deductible
Source The provisions of this § 245.707 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial page (313749).
Cross References This section cited in 25 Pa. Code § 245.704 (relating to general requirements).
§ 245.708. Failure to maintain financial responsibility.
The failure of an owner or operator of an underground storage tank to comply with this subchapter shall subject the owner or operator to the enforcement provisions in sections 1301—1315 of the act (35 P.S. § § 6021.1301—6021.1315).
Source The provisions of this § 245.708 amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial page (331127).
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