Liability Insurance Requirements

(1) All hazardous waste transporters licensed by the Department shall carry liability insurance for sudden and accidental occurrences, exclusive of legal defense costs, for claims arising out of bodily injury and property damage from the hazardous waste transport operations of the transporter in the minimum amount of one million dollars per incident, provided, however, the Department may require a greater amount if it deems it necessaryto protect public health, safety, or welfare or the environment, or to ensure compliance with M.G.L. c. 21C, or 310 CMR 30.000. Such insurance policyshall carryan approved DOT endorsement (Form MCS 90-DOT) covering liability for accidents, including environmental restoration, bodily injury, and property damage, as those terms are defined in said endorsement, or shall carry a comparable endorsement approved by the Department. (2) The insurance coverage obtained by the transporter to fulfill the requirements of 310 CMR 30.410 shall include the provision that the insurer notify the Department at least 30 days before cancellation of the insurance for any reason or for reduction of limits below the minimum required by the transporter's license. (3) The licensee shall submit at the time of license application a certificate from an insurance company licensed to do business in the Commonwealth certifying that the policy of liability is in force in the required amount covering the licensee's hazardous waste transportation activities. The certificate shall provide for bodily injury and property damage protection including the required endorsement for environmental restoration. (4) The insurance policy shall be maintained in full force at all times during the term of the license.