Frequent Questions

What are the liability financial resource requirements for sudden and nonsudden accidental occurrences for all hazardous waste treatment, storage, and disposal facilities (TSDFs)?

Owners or operators of hazardous waste TSDFs must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from the operation of the facility (§264.147(a) Exit EPA for permitted facilities and §265.147(a) Exit EPA for interim status facilities. A sudden accidental occurrence is an event that is not continuous or repeated, such as a fire or explosion (§264.141(g) Exit EPA and §265.141(g)) Exit EPA. The minimum financial requirements include at least $1 million per sudden accidental occurrence and an annual aggregate of at least $2 million (§264.147(a) Exit EPA and §265.147(a)).Exit EPA
 
The requirement to demonstrate financial responsibility for nonsudden accidental occurrences is limited to owners or operators of surface impoundments, landfills, land treatment facilities, or land disposal miscellaneous units (§264.147(b), §265.147(b)Exit EPA). A nonsudden accidental occurrence is an event that takes place over time and involves continuous or repeated exposure to hazardous waste, such as a leaking surface impoundment that contaminates a drinking water source over time (§264.141(g) Exit EPA and §265.141(g) Exit EPA). The minimum financial requirements include at least $3 million per nonsudden accidental occurrence and an annual aggregate of at least $6 million (§264.147(b) Exit EPA and §265.147(b) Exit EPA). 

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