NDAC 33.1-24-08-84
Allowable mechanisms and combinations of mechanisms
Cite as N.D. Admin. Code ยง 33.1-24-08-84
1.
Subject to the limitations of subsections 2 and 3, an owner or operator, including a local
government owner or operator may use any one or combination of the mechanisms listed in
sections 33.1-24-08-85 through 33.1-24-08-93 to demonstrate financial responsibility under
sections 33.1-24-08-80 through 33.1-24-08-106 for one or more underground storage tanks.
2.
A local government owner or operator may use any one or combination of the mechanisms
listed in sections 33.1-24-08-94 through 33.1-24-08-97 to demonstrate financial responsibility
under sections 33.1-24-08-80 through 33.1-24-08-106 for one or more underground storage
tanks.
3.
An owner or operator may use a guarantee under section 33.1-24-08-86 or surety bond under
section 33.1-24-08-88 to establish financial responsibility only if the attorney general has
submitted a written statement to the department that a guarantee or surety bond executed as
described in this section is a legally valid and enforceable obligation in the state.
4.
An owner or operator may use self-insurance in combination with a guarantee only if, for the
purpose of meeting the requirements of the financial test under this chapter, the financial
statements of the owner or operator are not consolidated with the financial statements of the
guarantor.