Certificate of Financial Responsibility
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FINANCIAL RESPONSIBILITY MECHANISM REQUIREMENTS
Any financial responsibility obtained must be in the sum of $20,000.00 comprised as follows:
(1) $10,000 per occurrence for corrective action.
(2) $10,000 per occurrence for 3rd party liability for bodily injury or property damage. See 41 Il. Adm. Code 176.210.
Commercial or Private Insurance – Owners or Operators must obtain liability insurance from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy. This policy must specifically cover costs of corrective action needed as a result of: 1) environmental damage, 2) third party bodily injury and 3) third party property damage caused by pollution as a result of a release from Underground Storage Tanks (USTs). (40 CFR 280.97, incorporated in Section 176.210)
Self-Insurance - To qualify as a self insurer, Section 176.220 of the Office of the State Fire Marshal Rules and Regulations states in part that owners or operators must demonstrate a net worth equal to or in excess of $200,000. To meet the requirements of using self-insurance, an owner or operator must submit the following documentation to the Office of the State Fire Marshal:
(1) The annual notification indicating the financial responsibility mechanism chosen;
(2) Letter signed by the owner’s Chief Financial Officer attesting to a tangible net worth equal to or greater than $200,000, as shown by attached financial statements, statement summaries, or statement abstracts, prepared by an independent certified public accountant. See 40 CFR 280.95 (d) for how the letter must be worded.
(3) Copies of financial statements, a financial statement summary, or a financial statement abstract for the most recent fiscal year, prepared by an independent certified public accountant, to be on file with OSFM not later than 180 days after the close of the financial reporting year and showing tangible net worth equal to or greater than $200,000. OSFM encourages submission of the summary document or abstract of financial statements in lieu of the full financial statements, but that is up to the individual facility owner or operator.
Guarantee – The guarantor must be a firm that possesses a controlling interest in the owner or operator; possesses a controlling interest in the firm; or is controlled through stock ownership by a common parent firm that possesses a controlling interest in the owner or operator, and must be able to demonstrate tangible net worth of at least $200,000. See 40 CFR 280.96 (c) for how the guarantee must be worded.
Surety Bond – The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest Circular 570 of the U.S. Department of the Treasury. See 40 CFR 280.98 (b) for how the surety bond must be worded.
Letter of Credit – Must obtain an irrevocable standby letter of credit. The issuing institution must be an entity that has authority to issue letters of credit in each state where used and whose letter-of-credit operations are regulated and examined by a federal or state agency. See 40 CFR 280.99 (b) for how the irrevocable standby letter of credit must be worded.
Certificate of Deposit – A certificate from a bank stating that the named party (owner/operator) has a specified sum ($20,000.00) on deposit.
Designated Savings Account – A savings account that is specifically setup for meeting the financial responsibility requirements of $20,000. This account cannot be used for any other purpose.