25169
. (a) Every transporter of hazardous waste shall maintain
ability to respond in damages resulting from the operation of that
business. The ability to respond in damages includes the ability to
respond to public liability, as provided in subdivision (c). For
purposes of this section only, "public liability" means liability for
bodily injury, including injury to the body, sickness, or disease to
any person, and death resulting from any such injury, sickness, or
disease; for property damage, including damage to, or loss of use of,
tangible property; and for environmental restoration, including
restitution for the loss, damage, or destruction of natural resources
arising out of the accidental discharge, dispersal, release, or
escape into or upon the land, atmosphere, watercourse, or body of
water, of any commodity transported by a motor carrier. This
liability includes the cost of removal and the cost of necessary
measures taken to minimize or mitigate damage or potential for damage
to human health, the natural environment, fish, shellfish, and
wildlife.
(b) The department shall, within 15 working days of being informed
of any violation of subdivision (a), transmit a notice of violation
to the transporter suspected of the violation. If the transporter so
notified does not present proof of compliance with subdivision (a) to
the department's satisfaction within 30 days of transmittal of the
notice, the department shall immediately, notwithstanding Section
25186, suspend the transporter's registration. If proof of compliance
is not submitted within 60 days, the registration shall immediately
be revoked, notwithstanding Section 25186. A transporter whose
registration is revoked pursuant to this subdivision may apply again
for registration upon furnishing proof of compliance with subdivision
(a).
(c) The ability to respond to public liability means having a
policy of insurance coverage issued by an insurer or a surety bond
issued by a surety, which meets both of the following requirements:
(1) The policy or bond has the liability limits specified for
carriers of hazardous wastes by the Department of Transportation in
Part 387 (commencing with Section 387.1) of Subchapter B of Chapter
111 of Title 49 of the Code of Federal Regulations, except that
coverage shall be in the amount of one million two hundred thousand
dollars ($1,200,000) for waste petroleum in bulk shipments, and six
hundred thousand dollars ($600,000) for vehicles under 10,000 pounds
gross vehicle weight rating.
(2) The policy's or bond's terms conform to Form MCS-90 or MCS-82,
respectively, as defined and set forth in Sections 387.7 to 387.15,
inclusive, of Title 49 of the Code of Federal Regulations, or a
written decision, order, or authorization to self-insure that
complies with paragraph (3) of subsection (d) of Section 387.7 of
Title 49 of the Code of Federal Regulations, adopted pursuant to
Section 30 of the Motor Carrier Act of 1980 (49 U.S.C. Sec. 10927).
(d) As proof of compliance with subdivision (a), an insurer or
surety which provides the insurance coverage or surety bond required
by this section shall agree to provide the department with proof of
the transporter's ability to respond in damages. An insurer or surety
may demonstrate the ability of the transporter to respond to public
liability by submitting a completed certificate of insurance on a
form provided by the department or a Form MCS-90 or MCS-82, as
specified in Section 387.15 of Title 49 of the Code of Federal
Regulations, to the department.
(e) An insurer or surety who has agreed to provide the department
with proof of ability to respond in damages, as required by
subdivision (d), shall also provide the department with a written or
facsimile notice within 24 hours after loss of insurance providing
ability to respond in damages, as required by subdivision (d).