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<regulation prefix="Regulation" num=".03" citation="COMAR 26.10.11.03" title_num="26" subtitle_num="10" chapter_num="11" heading="Additional Mechanism for Local Governments to Demonstrate Financial Responsibility.">
  <paragraph num="A.">
    <text>In addition to the mechanisms for demonstrating financial responsibility listed in 40 CFR §§280.95—280.107, a local government may use the mechanism described in §§B—D of this regulation to demonstrate financial responsibility for one or more USTs.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A local government may obtain environmental liability coverage from an insurance pool that:</text>
    <paragraph num="(1)">
      <text>Is established under Insurance Article, §§19-602 and 19-603, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary of the Environment has determined to be financially sound and at least as equivalent to one or more of the financial assurance mechanisms provided in 40 CFR §§280.95—280.107; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>On an annual basis, provides any information to the Department considered necessary to assess whether the insurance pool remains financially sound.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>When determining the financial soundness of an insurance pool, the Secretary of the Environment may consider the certainty of the availability of the insurance pool funds to cover the potential liability of participating local governments to take corrective action or to compensate third parties for bodily injury and property damage, or both, caused by an accidental spill, release, or discharge arising from the operation of petroleum USTs, as set forth in 40 CFR §280.93.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A local government using an insurance pool approved under this chapter to demonstrate financial responsibility for one or more USTs shall:</text>
    <paragraph num="(1)">
      <text>Obtain a separate endorsement, certificate, or similar document worded in accordance with the forms set forth in 40 CFR §280.97(b); and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Comply with all applicable provisions of 40 CFR §§280.90—280.116, including those imposing requirements for reporting and recordkeeping.</text>
    </paragraph>
  </paragraph>
</regulation>