(b) The following
financial responsibility evidence shall be maintained:
(i) Copy of the instrument worded as
specified in the CFR for assurance mechanisms specified in
40 CFR
280.95 through
280.99,
280.102, or
280.104
through
280.107,
all as referenced in Section 2.
(ii) Copy of the chief financial officer's
letter based on year-end financial statements for the most recently completed
financial reporting year for a financial test or guarantee. Such evidence shall
be on file no later than 120 days after the close of the financial reporting
year.
(iii) Copy of the bond rating
published within the last 12 months by Moody's or Standard & Poor's for a
local government bond rating test.
(iv) Copy of the guarantor's bond rating
published within the last 12 months by Moody's or Standard & Poor's for a
local government guarantee where the guarantor's demonstration of financial
responsibility relies on the bond rating test.
(v) Copy of the signed insurance policy or
risk retention group coverage policy, with the endorsement or certificate of
insurance and any amendments to the agreements for an insurance policy or risk
retention group coverage.
(vi) The
following documents for a local government fund:
(A) A copy of the state constitutional
provision or local government statute, charter, ordinance, or order dedicating
the fund.
(B) Year-end financial
statements for the most recently completed financial reporting year showing the
amount in the fund. If the fund is established using incremental funding backed
by bonding authority, the financial statements shall show the previous year's
balance, the amount of funding during the year, and the closing balance in the
fund.
(C) If the fund is
established using incremental funding backed by bonding authority, also
maintain documentation of the required bonding authority, including either the
results of a voter referendum or attestation by the State Attorney
General.
(vii) Copy of
the guarantor's year-end financial statements for the most recently completed
financial reporting year showing the amount of the fund for a local government
guarantee supported by the local government fund.
(viii) Updated copy of a certification of
financial responsibility for any assurance mechanism specified in
40 CFR
280.95 through
280.99,
280.102, or
280.104
through
280.107,
all as referenced in Section 2. The certification shall be worded as follows
(except that instructions in brackets are to be replaced with the relevant
information):
Certification of Financial Responsibility
[Owner and/or operator name] hereby certifies that it is in
compliance with the requirements of the Wyoming Solid and Hazardous Waste
Division Rules and Regulations, Storage Tank Program, Chapter 1, Part N.
The financial assurance mechanism(s) used to demonstrate
financial responsibility under this Chapter is/are as follows:
[For each mechanism list the type of mechanism, name of
issuer, mechanism number (if applicable), amount of coverage, effective period
of coverage and if the mechanism covers "taking corrective action" and/or
"compensating third parties for bodily injury and property damage caused by"
either "sudden accidental releases" or "non-sudden accidental releases" or
"accidental releases."]
[Signature of owner and/or operator, name of owner and/or
operator, title, date], [signature of witness or notary, name of witness or
notary, and date].
(ix) The
owner and/or operator shall update this certification whenever the financial
assurance mechanism(s) used to demonstrate financial responsibility
change(s).
