020-1 Wyo. Code R. §§ 1-53 - Financial Responsibility Amount and Scope

(a) Petroleum USTs or contaminated site owners and/or operators not eligible for the state corrective action account shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury or property damage caused by accidental releases arising from the operation of the USTs. Financial responsibility shall be provided in the following per-occurrence amounts:

(i) Owners and/or operators of petroleum USTs located at petroleum marketing facilities, or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; $1 million.

(ii) All other owners and/or operators of petroleum USTs; $500,000.

(b) For the purposes of Sections 53(c) and (f) only, a "petroleum UST" means a single containment unit and does not mean combinations of single containment units.

(c) Owners and/or operators of petroleum USTs not eligible for the state corrective action account shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury or property damage caused by accidental releases arising from the operation of petroleum USTs in at least the following annual aggregate amounts:

(i) Owners and/or operators of 1 to 100 petroleum USTs; $1 million.

(ii) Owners and/or operators of 101 or more petroleum USTs; $2 million.

(d) Except as provided in Section 53(e), if an owner and/or operator not eligible for the state corrective action account uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury or property damage caused by an accidental release, the amount of assurance provided by each mechanism or combination of mechanisms must be in the full amount specified in Sections 53(a) and (c).

(e) If an owner and/or operator not eligible for the state corrective action account uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum USTs, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

(f) Owners and/or operators not eligible for the state corrective action account shall review the amount of aggregate assurance provided whenever additional petroleum USTs are acquired or installed. If the total number of petroleum USTs for which assurance shall be provided exceeds 100, the owner and/or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If assurance is being demonstrated by a combination of mechanisms, the owner and/or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the first occurring effective date anniversary of any one of the mechanisms combined (other than a financial test or guarantee) to provide assurance.

(g) The amounts of financial assurance required under this Section exclude legal defense costs.

(h) The required per-occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner and/or operator.

(i) Owners and/or operators of 101 or more USTs who are eligible for the state corrective action account shall demonstrate financial responsibility for compensating third parties for bodily injury or property damage caused by accidental releases arising from the operation of petroleum USTs. The amount required is $1 million dollars such that a total aggregate amount of $2 million is reached when the financial responsibility of $1 million provided by the state is applied.

Notes

020-1 Wyo. Code R. §§ 1-53

Adopted, Eff. 6/29/2018.