St. Mary Parish |
Code of Ordinances |
Chapter 17. SOLID WASTE MANAGEMENT |
Article VI. TOXIC OR MEDICAL WASTE FACILITIES |
§ 17-137. Bond/insurance requirements.
(a)
No permit shall be issued or become effective unless there is on file with the parish an insurance policy with an insurance carrier or reinsurer authorized to do and doing business in accordance with all applicable Louisiana corporate surety requirements, such corporate surety having a rating of "B++"' or better by a recognized insurance rating agency, in a penal amount of $5,000,000.00. The purpose of the policy is to assure the following:
(1)
That the licensee, his agents and servants will comply with all terms, conditions, provision requirements, and specifications contained in this article.
(2)
That the licensee, his agents and servants will faithfully operate the waste disposal facility for which the permit is issued in accordance with the provisions of this article.
(3)
That the licensee, his agents and servants will hold harmless the parish from any expense incurred through the failure of the permittee, his agent and servants to operate and maintain the waste disposal facility as required by this article, including any expense the parish may incur for correcting any condition or violation of this article by the parish's own labor and equipment, whenever the council chairman or his designee determines it is necessary for the parish to correct any condition in violation of this article, or from any damages growing out of the negligence of the permittee or his agents or servants.
(4)
That before acceptance, all policies are approved by the council. If a policy is offered, it shall be executed by a company authorized to transact business in the state as a surety. If a cash bond is offered, it shall be deposited with the secretary of the council, who shall give his official receipt, reciting that said case has been deposited in compliance with and subject to the provisions of this article.
(5)
That the cash bond has an effective coverage date for a period of five years after the date of last operation of the facility.
(6)
That the applicant has liability insurance with an insurance corporation or reinsurer rated "B++" or better applicable to sudden and nonsudden bodily injury or property damage on, below, or above the surface and pollution liability insurance appropriate to the facilities specific operations. Additional insurance shall be required as deemed necessary by the St. Mary Parish Council to protect the property rights of owners or leaseholders of underground resources such as oil, gas, water, or other mineral substances.
(b)
The liability coverage intended to be utilized for compliance with this section shall be site specific to the facility for which the application is submitted and shall not be blanket coverage covering other waste disposal facilities owned or managed by the applicant.
(c)
No permit shall be issued or become effective unless there is on file with the council a post-closure bond with a corporate surety, insurance carrier or reinsurer authorized to do and doing business in accordance with all applicable Louisiana Corporate surety requirements, such corporate surety having a rating of "B++" or better by a recognized insurance or bond rating agency in a penal amount of $10,000,000.00.
(d)
If the operation is unable to purchase a bond in the required amount, and the council so certifies, an extended reporting period policy may be purchased by the facility to allow extended reporting of all claims against the policy required hereinabove for a period of one year from the date of last operation of the facility.
(e)
All insurance policies required hereunder shall name the Parish of St. Mary as an additional insured, and shall waive subrogation against the Parish of St. Mary. Said policy shall further provide that they cannot be materially amended or cancel led without 30 days prior notice to the St. Mary Parish Council.
(Ord. No. 1236, § 7, 1-26-94)