Department of Natural Resources - Performance Security - Liability insurance.

Published: 2016-01-17

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(A) An application for a permit shall contain a certificate issued by an insurance company authorized to do business in this state certifying that the applicant has a public liability insurance policy in force for those coal mining and reclamation operations for which the permit is sought, or a notarized certification acknowledging that a current proof of liability insurance and rider required by paragraph (B)(3) of this rule is part of the central file for identity information authorized by paragraph (J) of rule 1501:13-4-03 of the Administrative Code, or evidence that the applicant has satisfied other state self-insurance requirements or, for reclamation operations, evidence that an agent performing reclamation for the applicant has a public liability insurance policy.

(B) The public liability insurance policy shall:

(1) Be in effect during the term of the permit or any renewal, including the length of all reclamation operations;

(2) Provide for personal injury and property damage protection in amounts adequate to compensate any persons injured or property damaged as a result of coal mining and reclamation operations, including the use of explosives. The minimum insurance coverage for bodily injury and property damage shall be three hundred thousand dollars for each occurrence and five hundred thousand dollars in the aggregate; and

(3) Include a rider requiring that the insurer notify the chief whenever substantive changes are made in the policy, including any termination or failure to renew.