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State of CaGfomia—California Environmental Protection Agency Department of Toxic Substances Control
<br /> DEFINITIONS FOR THIS CERTIFICATE OF INSURANCE
<br /> "ADMITTED"means entitled to transact insurance business in California,having complied with the laws of the State of Calffomia
<br /> imposing conditions precedent to transaction of such business.
<br /> "BODILY INJURY"means injury to the body,sickness,or disease to any person,including death,resulting from any of these.
<br /> "DAY"means every calendar day,excluding the first day and including the last day,unless the last day is a Saturday,Sunday,or
<br /> holiday specified by State law,and then such calendar day is also excluded.
<br /> "ENVIRONMENTAL RESTORATION"means restitution for the loss,damage,or destruction of natural resources arising out of the
<br /> accidental discharge,dispersal,release or escape into or upon the land,atmosphere,watercourse,or body of water,of any commodity
<br /> transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate
<br /> damage to human health,the natural environment,fish,shellfish,and wildlife.
<br /> "PROPERTY DAMAGE"means damage to or loss of use of tangible property.
<br /> "PUBLIC LIABILITY"means liability for"bodily injury,""property damage;and"environmental restoration."
<br /> EXCERPT FROM SECTION 25169, CALIFORNIA HEALTH AND SAFETY CODE
<br /> §25169(a)Every transporter of hazardous waste shall maintain ability to respond in damages resulting from the operation of
<br /> that business. The ability to respond in damages includes the ability to respond to public liability,as provided in subdivision(c). For
<br /> purposes of this section only,"public liability'means liability for bodily injury,including injury to the body,sickness,or disease to any
<br /> person,and death resulting from any such injury,sickness,or disease;for property damage,including damage to,or loss of use of,
<br /> tangible property;and for environmental restoration,including restitution for the loss,damage,or destruction of natural resources
<br /> arising out of the accidental discharge,dispersal,release,or escape into or upon the land,atmosphere,watercourse,or body of water,
<br /> or any commodity transported by a motor carrier. This liability incudes the cost of removal and the cost of necessary measures taken
<br /> to minimize or mitigate damage or potential for damage to human health,the natural environment,fish,shellfish,and wildlife.
<br /> (c)The ability to respond to public liability means having a policy of insurance coverage issued by an insurer or a surety
<br /> bond issued by a surety,which meets both of the following requirements:
<br /> (1)The policy or bond has the liability limits specified for carriers of hazardous wastes by the Department of Transportation in
<br /> Part 387(commencing with Section 387.1)of Subchapter B of Chapter 111 of Title 49 of the Code of Federal Regulations,except that
<br /> coverage shall be in the amount of one million two hundred thousand dollars($1,200,000)for waste petroleum in bulk shipments,and
<br /> six hundred thousand dollars($600,000)for vehicles under 10,000 pounds gross vehicle weight rating.
<br /> (2)The policy's or bond's terms conform to Form MCS 90 or MCS-82,respectively,as defined and set forth in Sections 387.7
<br /> to 387.15,inclusive,of Title 49 of the Code of Federal Regulations,or a written decision,order or authorization to self-insure that
<br /> complies with paragraph(3)of subsection(d)of Section 387.7 of Title 49 of the Code of Federal Regulations,adopted pursuant to
<br /> Section 30 of the Motor Carrier Act of 1980(49 U.S.C.Sec.10927).
<br /> (d)As proof of compliance with subdivision(a),an insurer or surety which provides the insurance coverage or surety bond
<br /> required by this section shall agree to provide the department with 30 day's notice prior to cancellation of the endorsement or
<br /> termination of the bond defined in subdivision(c). An insurer or surety may demonstrate the ability of the transporter to respond to
<br /> public liability by submitting a copy of the completed Form MCS-90 or MCS-82,as specified in Section 387.15 of Title 49 of the Code of
<br /> Federal Regulations,to the department,along with the agreement required by this subdivision.
<br /> (Enacted by Stats.1979,Ch.1097,amended by Stats.1985,Ch.1304,Stats.1988,Ch.771.)
<br /> DTSC 8038[balk](7/09)
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