Reporting by Owner or Operator

PURPOSE: This rule requires owners and operators to show evidence of financial responsibility to the department. (1) An owner or operator shall submit the appropriate forms listed in 10 CSR 263.107(2) documenting current evidence of financial responsibility to the director— (A) Within thirty (30) days after the owner or operator identifies a release from an underground storage tank (UST) required to be reported under 10 CSR 26-2.053 or 10 CSR 26-2.071; (B) If the owner or operator fails to obtain alternate coverage as required by 10 CSR 263.090–10 CSR 26-3.115 within thirty (30) days after the owner or operator receives notice of— 1. Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming a provider of financial assurance as a debtor; 2. Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism; 3. Failure of a guarantor to meet the requirements of the financial test; or 4. Other incapacity of a provider of financial assurance; or (C) As required by 10 CSR 26-3.095(7) and 10 CSR 26-3.105(2). (2) An owner or operator shall certify compliance with the financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 as specified in the new tank notification form (see 10 CSR 26-2.022) when notifying the department of the installation of a new UST under 10 CSR 26-2.022. (3) The director may require an owner or operator to submit evidence of financial assurance as described in 10 CSR 263.107(2) or other information relevant to compliance with 10 CSR 26-3.090–10 CSR 26-3.115 at any time. AUTHORITY: section 319.114, RSMo 2000.* This rule originally filed as 10 CSR 2011.106. Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.114, RSMo 1989.