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EPA Announces Requirements for Toxic Substance Liability Insurance

EPA Announces Requirements for Toxic Substance Liability Insurance」於資料集「Environmental Policy Monthly」由單位「行政院環境保護署」的楊先生所提供,聯繫電話是(02)23117722#2217,(02)23117722#2216,最近更新時間為:2022-01-15 01:13:03。 欄位編號的內容是315 , 欄位標題的內容是EPA Announces Requirements for Toxic Substance Liability Insurance , 欄位摘要的內容是Rules requiring third party liability insurance for the handling of toxic substances were completed and announced at the end of March. The effective date for the new rules must await a decision on new insurance forms by the Ministry of Finance and a determination by the various insurance associations regarding implementation procedures. Insurance coverage is specified to be “no fault” and will be limited to compensation for injury disability, death, and financial loss caused by toxic chemical related accidents. Accidents involving toxic substances nearly always result in harm and damage. Therefore, provisions regarding insurance responsibilities were added during 1997 amendments to the Toxic Chemical Control Act. Companies are now legally required to hold third party insurance for all EPA-designated toxic substances. The EPA expects that the involvement of insurance firms will further reduce the danger posed by such chemicals. Because there are no domestic precedents regarding toxic substances insurance, the EPA conducted extensive study of the issue and announced the Rules for Implementing Mandatory Third Party Liability Insurance for the Use of Toxic Chemical Substances on March 31, 1999. According to these regulations, all persons or companies involved in the manufacture, use, storage, or transport of toxic chemical substances must hold third party liability insurance to cover associated operational risks. Even though the activity of transportation is already included within the scope of mandatory vehicle liability insurance, these policies only cover damages that resulted directly from a traffic accident. Because of the high risks involved in transporting toxic substances, it is necessary to include within the scope of liability insurance the damages that result from the release of toxic substances during an accident. The newly enacted rules stipulate that individuals or firms using Category 3 substances at quantities of more than a specified baseline amount must purchase liability insurance. The baseline equals a multiple of the controlled usage amounts as stipulated in the Working Guidelines for Hazard Prevention and Response Planning. For liquid and solid toxic substances, the baseline amount equals the controlled usage amount multiplied by 10. For liquid substances, this means that firms that use a given toxic substance in excess of 3,000 tons per year, or use a volume that exceeds 100 tons at any single time at any single site must be insured. For solid substances, the baseline is 12,000 tons per year or 400 tons at single site and time. The baseline for gaseous substances equals 100 times the controlled usage amount defined in the aforementioned working guidelines. Those using less than 20 tons (total) of either chlorine or formaldehyde at any single site at any single time are excepted from this requirement. The newly enacted rules define the scope of mandatory third party insurance to cover physical damage, disability, death, or financial loss resulting from toxic substance accidents and related emergency response measures. Insurance coverage must be “no fault”. During development, compensation for the chronic effects (such as cancer) of long-term exposure to toxic substances were considered. However, consensus was not reached prior to submitting the draft and these points were not included. Under the principle of fairness, the rules require that insurance pay for losses suffered by all true victims of such accidents. However, those harmed as a result of purposeful or criminal intent should not be entitled to compensation. In addition, the rules stipulate four situations which may not be covered by insurance policies. 1. When an incident did not occur in a sudden manner. 2. When the user of a toxic substance intentional causes an incident. 3. When an incident occurs prior to the insurance policy going into effect. 4. Incidents caused directly by acts of war, armed conflict, or civil unrest; however, accidents resulting from said factors will be covered. This draft sets minimum compensation standards as follows: Casualty insurance (per person) – NT$2 million; Casualty insurance (per incident) – NT$70 million; Capital loss insurance (per incident) NT$10 million; accumulated insurance amount over the term of policy – NT$160 million. The draft further requires that the policyholder (i.e., the user of toxic substances) must accept a deductible of between NT$100,000 and 500,000 per incident to share out some of the associated responsibility and risk. The actual amount of deductible should be worked out between the policyholder and their insurance provider. The actual format of new insurance forms must wait until discussions have completed between the Ministry of Finance and insurance industry association on details regarding rights and responsibilities as well as rules regarding group policies and/or re-insurance. Once these questions have been resolved, the EPA will announce the formal date of implementation of the rules. , 欄位全文的內容是Rules requiring third party liability insurance for the handling of toxic substances were completed and announced at the end of March. The effective date for the new rules must await a decision on new insurance forms by the Ministry of Finance and a determination by the various insurance associations regarding implementation procedures. Insurance coverage is specified to be “no fault” and will be limited to compensation for injury disability, death, and financial loss caused by toxic chemical related accidents. Accidents involving toxic substances nearly always result in harm and damage. Therefore, provisions regarding insurance responsibilities were added during 1997 amendments to the Toxic Chemical Control Act. Companies are now legally required to hold third party insurance for all EPA-designated toxic substances. The EPA expects that the involvement of insurance firms will further reduce the danger posed by such chemicals. Because there are no domestic precedents regarding toxic substances insurance, the EPA conducted extensive study of the issue and announced the Rules for Implementing Mandatory Third Party Liability Insurance for the Use of Toxic Chemical Substances on March 31, 1999. According to these regulations, all persons or companies involved in the manufacture, use, storage, or transport of toxic chemical substances must hold third party liability insurance to cover associated operational risks. Even though the activity of transportation is already included within the scope of mandatory vehicle liability insurance, these policies only cover damages that resulted directly from a traffic accident. Because of the high risks involved in transporting toxic substances, it is necessary to include within the scope of liability insurance the damages that result from the release of toxic substances during an accident. The newly enacted rules stipulate that individuals or firms using Category 3 substances at quantities of more than a specified baseline amount must purchase liability insurance. The baseline equals a multiple of the controlled usage amounts as stipulated in the Working Guidelines for Hazard Prevention and Response Planning. For liquid and solid toxic substances, the baseline amount equals the controlled usage amount multiplied by 10. For liquid substances, this means that firms that use a given toxic substance in excess of 3,000 tons per year, or use a volume that exceeds 100 tons at any single time at any single site must be insured. For solid substances, the baseline is 12,000 tons per year or 400 tons at single site and time. The baseline for gaseous substances equals 100 times the controlled usage amount defined in the aforementioned working guidelines. Those using less than 20 tons (total) of either chlorine or formaldehyde at any single site at any single time are excepted from this requirement. The newly enacted rules define the scope of mandatory third party insurance to cover physical damage, disability, death, or financial loss resulting from toxic substance accidents and related emergency response measures. Insurance coverage must be “no fault”. During development, compensation for the chronic effects (such as cancer) of long-term exposure to toxic substances were considered. However, consensus was not reached prior to submitting the draft and these points were not included. Under the principle of fairness, the rules require that insurance pay for losses suffered by all true victims of such accidents. However, those harmed as a result of purposeful or criminal intent should not be entitled to compensation. In addition, the rules stipulate four situations which may not be covered by insurance policies. 1. When an incident did not occur in a sudden manner. 2. When the user of a toxic substance intentional causes an incident. 3. When an incident occurs prior to the insurance policy going into effect. 4. Incidents caused directly by acts of war, armed conflict, or civil unrest; however, accidents resulting from said factors will be covered. This draft sets minimum compensation standards as follows: Casualty insurance (per person) – NT$2 million; Casualty insurance (per incident) – NT$70 million; Capital loss insurance (per incident) NT$10 million; accumulated insurance amount over the term of policy – NT$160 million. The draft further requires that the policyholder (i.e., the user of toxic substances) must accept a deductible of between NT$100,000 and 500,000 per incident to share out some of the associated responsibility and risk. The actual amount of deductible should be worked out between the policyholder and their insurance provider. The actual format of new insurance forms must wait until discussions have completed between the Ministry of Finance and insurance industry association on details regarding rights and responsibilities as well as rules regarding group policies and/or re-insurance. Once these questions have been resolved, the EPA will announce the formal date of implementation of the rules. , 欄位年度的內容是1999 , 欄位月份的內容是2 , 欄位卷的內容是2 , 欄位期的內容是10 , 欄位順序的內容是1 , 欄位倒序的內容是2 , 欄位分類的內容是Toxic Substance Management , 欄位標題2的內容是EPA Announces Requirements for Toxic Substance Liability Insurance , 欄位檔案位置的內容是print/V2/V2-10

編號

315

標題

EPA Announces Requirements for Toxic Substance Liability Insurance

摘要

Rules requiring third party liability insurance for the handling of toxic substances were completed and announced at the end of March. The effective date for the new rules must await a decision on new insurance forms by the Ministry of Finance and a determination by the various insurance associations regarding implementation procedures. Insurance coverage is specified to be “no fault” and will be limited to compensation for injury disability, death, and financial loss caused by toxic chemical related accidents. Accidents involving toxic substances nearly always result in harm and damage. Therefore, provisions regarding insurance responsibilities were added during 1997 amendments to the Toxic Chemical Control Act. Companies are now legally required to hold third party insurance for all EPA-designated toxic substances. The EPA expects that the involvement of insurance firms will further reduce the danger posed by such chemicals. Because there are no domestic precedents regarding toxic substances insurance, the EPA conducted extensive study of the issue and announced the Rules for Implementing Mandatory Third Party Liability Insurance for the Use of Toxic Chemical Substances on March 31, 1999. According to these regulations, all persons or companies involved in the manufacture, use, storage, or transport of toxic chemical substances must hold third party liability insurance to cover associated operational risks. Even though the activity of transportation is already included within the scope of mandatory vehicle liability insurance, these policies only cover damages that resulted directly from a traffic accident. Because of the high risks involved in transporting toxic substances, it is necessary to include within the scope of liability insurance the damages that result from the release of toxic substances during an accident. The newly enacted rules stipulate that individuals or firms using Category 3 substances at quantities of more than a specified baseline amount must purchase liability insurance. The baseline equals a multiple of the controlled usage amounts as stipulated in the Working Guidelines for Hazard Prevention and Response Planning. For liquid and solid toxic substances, the baseline amount equals the controlled usage amount multiplied by 10. For liquid substances, this means that firms that use a given toxic substance in excess of 3,000 tons per year, or use a volume that exceeds 100 tons at any single time at any single site must be insured. For solid substances, the baseline is 12,000 tons per year or 400 tons at single site and time. The baseline for gaseous substances equals 100 times the controlled usage amount defined in the aforementioned working guidelines. Those using less than 20 tons (total) of either chlorine or formaldehyde at any single site at any single time are excepted from this requirement. The newly enacted rules define the scope of mandatory third party insurance to cover physical damage, disability, death, or financial loss resulting from toxic substance accidents and related emergency response measures. Insurance coverage must be “no fault”. During development, compensation for the chronic effects (such as cancer) of long-term exposure to toxic substances were considered. However, consensus was not reached prior to submitting the draft and these points were not included. Under the principle of fairness, the rules require that insurance pay for losses suffered by all true victims of such accidents. However, those harmed as a result of purposeful or criminal intent should not be entitled to compensation. In addition, the rules stipulate four situations which may not be covered by insurance policies. 1. When an incident did not occur in a sudden manner. 2. When the user of a toxic substance intentional causes an incident. 3. When an incident occurs prior to the insurance policy going into effect. 4. Incidents caused directly by acts of war, armed conflict, or civil unrest; however, accidents resulting from said factors will be covered. This draft sets minimum compensation standards as follows: Casualty insurance (per person) – NT$2 million; Casualty insurance (per incident) – NT$70 million; Capital loss insurance (per incident) NT$10 million; accumulated insurance amount over the term of policy – NT$160 million. The draft further requires that the policyholder (i.e., the user of toxic substances) must accept a deductible of between NT$100,000 and 500,000 per incident to share out some of the associated responsibility and risk. The actual amount of deductible should be worked out between the policyholder and their insurance provider. The actual format of new insurance forms must wait until discussions have completed between the Ministry of Finance and insurance industry association on details regarding rights and responsibilities as well as rules regarding group policies and/or re-insurance. Once these questions have been resolved, the EPA will announce the formal date of implementation of the rules.

全文

Rules requiring third party liability insurance for the handling of toxic substances were completed and announced at the end of March. The effective date for the new rules must await a decision on new insurance forms by the Ministry of Finance and a determination by the various insurance associations regarding implementation procedures. Insurance coverage is specified to be “no fault” and will be limited to compensation for injury disability, death, and financial loss caused by toxic chemical related accidents. Accidents involving toxic substances nearly always result in harm and damage. Therefore, provisions regarding insurance responsibilities were added during 1997 amendments to the Toxic Chemical Control Act. Companies are now legally required to hold third party insurance for all EPA-designated toxic substances. The EPA expects that the involvement of insurance firms will further reduce the danger posed by such chemicals. Because there are no domestic precedents regarding toxic substances insurance, the EPA conducted extensive study of the issue and announced the Rules for Implementing Mandatory Third Party Liability Insurance for the Use of Toxic Chemical Substances on March 31, 1999. According to these regulations, all persons or companies involved in the manufacture, use, storage, or transport of toxic chemical substances must hold third party liability insurance to cover associated operational risks. Even though the activity of transportation is already included within the scope of mandatory vehicle liability insurance, these policies only cover damages that resulted directly from a traffic accident. Because of the high risks involved in transporting toxic substances, it is necessary to include within the scope of liability insurance the damages that result from the release of toxic substances during an accident. The newly enacted rules stipulate that individuals or firms using Category 3 substances at quantities of more than a specified baseline amount must purchase liability insurance. The baseline equals a multiple of the controlled usage amounts as stipulated in the Working Guidelines for Hazard Prevention and Response Planning. For liquid and solid toxic substances, the baseline amount equals the controlled usage amount multiplied by 10. For liquid substances, this means that firms that use a given toxic substance in excess of 3,000 tons per year, or use a volume that exceeds 100 tons at any single time at any single site must be insured. For solid substances, the baseline is 12,000 tons per year or 400 tons at single site and time. The baseline for gaseous substances equals 100 times the controlled usage amount defined in the aforementioned working guidelines. Those using less than 20 tons (total) of either chlorine or formaldehyde at any single site at any single time are excepted from this requirement. The newly enacted rules define the scope of mandatory third party insurance to cover physical damage, disability, death, or financial loss resulting from toxic substance accidents and related emergency response measures. Insurance coverage must be “no fault”. During development, compensation for the chronic effects (such as cancer) of long-term exposure to toxic substances were considered. However, consensus was not reached prior to submitting the draft and these points were not included. Under the principle of fairness, the rules require that insurance pay for losses suffered by all true victims of such accidents. However, those harmed as a result of purposeful or criminal intent should not be entitled to compensation. In addition, the rules stipulate four situations which may not be covered by insurance policies. 1. When an incident did not occur in a sudden manner. 2. When the user of a toxic substance intentional causes an incident. 3. When an incident occurs prior to the insurance policy going into effect. 4. Incidents caused directly by acts of war, armed conflict, or civil unrest; however, accidents resulting from said factors will be covered. This draft sets minimum compensation standards as follows: Casualty insurance (per person) – NT$2 million; Casualty insurance (per incident) – NT$70 million; Capital loss insurance (per incident) NT$10 million; accumulated insurance amount over the term of policy – NT$160 million. The draft further requires that the policyholder (i.e., the user of toxic substances) must accept a deductible of between NT$100,000 and 500,000 per incident to share out some of the associated responsibility and risk. The actual amount of deductible should be worked out between the policyholder and their insurance provider. The actual format of new insurance forms must wait until discussions have completed between the Ministry of Finance and insurance industry association on details regarding rights and responsibilities as well as rules regarding group policies and/or re-insurance. Once these questions have been resolved, the EPA will announce the formal date of implementation of the rules.

年度

1999

月份

2

2

10

順序

1

倒序

2

分類

Toxic Substance Management

標題2

EPA Announces Requirements for Toxic Substance Liability Insurance

檔案位置

print/V2/V2-10

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