(a) When used in this Article, the following terms shall have the meanings described in Chapter 5, Article 3.5, section 18281:
(1) “Assets”;
(2) “Current assets”;
(3) “Current liabilities”;
(4) “Financial reporting year”;
(5) “Liabilities”;
(6) “Net working capital”;
(7) “Net worth”;
(8) “Parent corporation”; and
(9) “Tangible net worth”.
(b) When used in this Article, the following terms shall have the meanings given below:
(1) “Accidental occurrence” means an event, including pollution exposure, which occurs during the operation of a major waste tire facility prior to closure, that results in bodily injury and/or property damage, and includes continuous or repeated exposure to conditions, neither expected nor intended from the standpoint of the facility operator.
(2) “Admitted carrier” means an insurance company entitled to transact the business of insurance in this state, having complied with the laws imposing conditions precedent to transactions of such business.
(3) “Auto” means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But “auto” does not include “mobile equipment.”
(4) “Bodily injury” means any injury to the body, sickness or disease sustained by a person, including death resulting from any of these at any time. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury.” “Bodily injury” excludes:
(A) “Bodily injury” expected or intended from the standpoint of the operator. This exclusion does not apply to “bodily injury” resulting from the use of reasonable force to protect persons or property.
(B) “Bodily injury” for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.
(C) Any obligation of the operator under a workers compensation, disability benefits or unemployment compensation law or any similar law.
(D) “Bodily injury” to:
1. An employee of the operator arising out of and in the course of employment by the operator; or
2. The spouse, child, parent, brother or sister of that employee as a consequence of subsection (b)(4)(D)1 above.
This exclusion applies:
a. Whether the operator may be liable as an employer or in any other capacity; and
b. To any obligation to share damages with or repay someone else who must pay damages because of the injury.
(E) “Bodily injury” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading or unloading. This exclusion does not apply to:
1. Parking an “auto” on, or on the ways next to, premises the operator owns or rents, provided the “auto” is not owned by or rented or loaned to the operator;
2. “Bodily injury” arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of “mobile equipment”, found in subsection 12 below.
(5) “Corporate guarantee” means a contract meeting the requirements of section 18494 of this Article through which a guarantor promises that, if an operator fails to pay a claim by a third party for bodily injury and/or property damage caused by an accidental occurrence, the guarantor shall pay the claim on behalf of the operator.
(6) “Excess coverage” means assurance for third party bodily injury and property damage costs that are above a specified level (i.e., above the primary coverage level or a limit of lower excess coverage) but up to a specified limit.
(7) “Financial means test” means the financial assurance mechanism specified in section 18493 of this Article by which an operator demonstrates his or her ability to pay third party claims for bodily injury and property damage caused by accidental occurrences by satisfying the prescribed set of financial criteria.
(8) “Government securities” means financial obligations meeting the requirements of section 18490 of this Article that are issued by a federal, state, or local government, including but not limited to, general obligation bonds, revenue bonds, and certificates of participation.
(9) “Guarantor” means a parent corporation, or a corporation with a substantial business relationship to the operator who guarantees payment of a present or future obligation(s) of an operator.
(10) “Insurance” means a contract meeting the requirements of section 18491 of this Article by which an insurer promises to pay a claim by a third party for bodily injury and property damage caused by an accidental occurrence.
(11) “Legal defense costs” means expenses that an operator or a provider of financial assurance incurs in defending claims brought:
(A) By or on behalf of a third party for bodily injury and/or property damage caused by an accidental occurrence; or
(B) By any person to enforce the terms of a financial assurance mechanism.
(12) “Mobile equipment” means any of the following types of land vehicles, including any attached machinery or equipment:
(A) Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
(B) Vehicles maintained for use solely on or next to premises the operator owns or rents;
(C) Vehicles that travel on crawler treads;
(D) Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
1. Power cranes, shovels, loaders, diggers or drills; or
2. Road construction or resurfacing equipment such as graders, scrapers or rollers;
(E) Vehicles not described in (A), (B), (C) or (D) above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
1. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
2. Cherry pickers and similar devices used to raise or lower workers;
(F) Vehicles not described in (A), (B), (C) or (D) above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not “mobile equipment” but will be considered “autos”:
1. Equipment designed primarily for:
a. Snow removal;
b. Road maintenance, but not construction or resurfacing;
c. Street cleaning;
2. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
3. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
(13) “Primary coverage” means the first priority coverage for third party bodily injury and property damage costs up to a specified limit when used in combination with other coverage.
(14) “Property damage” means physical injury to tangible property, including all resulting loss of use of that property, or loss of use of tangible property that is not physically injured. “Property damage” excludes:
(A) “Property damage” expected or intended from the standpoint of the operator.
(B) “Property damage” for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement.
(C) “Property damages” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading and unloading. This exclusion does not apply to:
1. Parking an “auto” on, or on the ways next to, premises the operator owns or rents, provided the “auto” is not owned by or rented or loaned to the operator;
2. “Property damage” arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of “mobile equipment”, found in subsection 12 above.
(D) “Property damage” to:
1. Property the operator owns, rents, or occupies;
2. Premises the operator sells, gives away or abandons, if the “property damage” arises out of any part of those premises;
3. Property loaned to the operator;
4. Personal property in the operator's care, custody or control;
5. That particular part of real property on which the operator or any contractors or subcontractors working directly or indirectly on the operator's behalf are performing operations, if the “property damage” arises out of those operations; or
6. That particular part of any property that must be restored, repaired or replaced because the operator's work was incorrectly performed on it.
(15) “Provider of financial assurance” means an entity, other than the operator, that provides financial assurance to the operator of a major waste tire facility, including a trustee, an insurer, or a guarantor.
(16) “Substantial business relationship” means a business relationship that arises from a pattern of recent or ongoing business transactions.
Credits
Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (b)(1) and redesignation of former subsections (b)(4)(D)1. and 2. as subsections (b)(4)(D)a. and b. filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
This database is current through 4/19/24 Register 2024, No. 16.
