Insurance Plans Required

(1) A disposal facility operator shall purchase and maintain the following insurance plans at all times during facility operation, closure and post-closure observation and maintenance: (a) All-Risk Property Insurance, to insure the facility itself (including costs of replacement of the buildings and equipment) in an amount equal to the facility's replacement cost, or the maximum amount available, whichever is less. (b) Comprehensive GeneralLiabilityInsurance, with minimum limits of $25 million per occurrence and $25 million in the aggregate. (c) Environmental Impairment Liability Insurance, with minimum limits of $10 million, or such greater amounts, up to the maximum loss potential determined by a financial risk assessment acceptable to the Board, as may from time to time be commercially available. (d) Nuclear EnergyLiabilityInsurance, withminimumlimits equal to $25 million or the maximum loss potential determined by a risk assessment acceptable to the Board. The facility operator shall use its reasonable best efforts to obtain such insurance at the required amount. Since such insurance is not currently available in amounts sufficient to satisfy the requirements of 345 CMR 1.91(1)(d), the facility operator shall, through a letterof credit or other acceptable means, establish an escrow arrangement equal to the difference between the available nuclear energy liability insurance policy limits and the required insurance amount. (2) Anydecision to site a treatment or storage facility pursuant to M.G.L. c.111H shall be followed by a financial risk assessment of such facility. The same types ofinsurance plans specified in 345 CMR 1.91(1) shall be required, but maximum limits will be determined after consideration of the specific storage and treatment activities anticipated. (3) An insurance program conforming to the requirements of 345 CMR 1.91 may be deemed adequate by the Board for a disposal facility only if appropriate bond arrangements, acceptable to the Board,are made foron-site remedial action in amounts equal to the maximum loss potential determined by a financial risk assessment acceptable to the Board. 12/27/96 345 CMR - 25 NON-TEXT PAGE 12/27/96 345 CMR - 26