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HomeMy WebLinkAboutDSHW-2004-010197 - 0901a06880360d37ATK ALLIANTTECHSYSTEMS Alliant Techsystems Inc. 5050 Lincoln Drive Edina.MN 55436-1097 March 19, 2004 ' VED REC"' FEDERAL EXPRESS Mr. Dennis Downs, Executive Secretary Department of Environmental Quality Division of Solid & Hazardous Waste 288 North 1460 West Salt Lake City, UT 84116 MAR 2 2 im UT.AH DIVISIOM OF SOLID & HAZARDOUS VVASTE Subject: Change in Financial Assurance for liability at ATK's Bacchus and Promontory facilities Dear Mr. Downs, As discussed and agreed to with your department, ATK is enclosing original Hazardous Waste Facility Certificates of Insurance to meet the requirements for "sudden" accidental liability coverage at our ATK Aerospace facilities in Brigham City and Magna, Utah. Liability coverage for "non-sudden" accidental events will continue to be covered by existing Letter of Credit #SLCMMSP02104, which is being amended to reduce coverage from $8,000,000 to $6,000,000. The associated Standby Trust Agreement is being amended accordingly. These changes will be coordinated through your department by the bank who will forward original revised documents to you. Ifyou have any questions or further needs, please do not hesitate to contact me at (952) 351-2663. Thank you for your assistance with this matter. Sincerely, Alliant Techsystems (ATK) Q.V. David W. Shead Corporate Environmental Compliance Manager Enclosures cc: Blake Robertson, Utah DEQ, Division of Solid & Hazardous Waste Susan Jew, ATK Aerospace Company Inc. Kelly Aubrey, ATK Treasury Anders Johansson, ATK Treasury HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE 1. American Intemational Specialty Lines Insurance Company (the "Insurer"), of 401 Plaza Three, Jersey City, NJ 07311, hereby certifies that it has issued liability insurance covering bodily injury and property damage to Alliant Techsystems (the "insured"), of 5050 Lincoln Drive, Edina, MN 55436-1097 in connection with the insured's obligation to demonstrate financial responsibility under 40 CFR 264.147. The coverage applies at: UTD009081357, ATK Aerospace Company, Inc., P.O. Box 707 Brigham City, UT 84302 for sudden accidental occurrences. The limits of liability are $1,000,000 per occurrence and $2,000,000 annual aggregate, exclusive of legal defense costs. The coverage is provided under policy number PLS/CCC 476 31 30, issued on September 30, 2003. The effective date of said policy is March 31, 2000. 2. The Insurer further certifies the following with respect to the insurance described above: a. Bankruptcy or insolvency ofthe insured shall not relieve the Insurer ofits obligations under this policy. b. The Insurer is liable for the payment of amounts within any deductible applicable to the policy with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in 40 CFR 264.147. c. Whenever requested by the Executive Secretary ofthe Solid and Hazardous Waste Control Board of the State of Utah, (the "Executive Secretary"), the Insurer agrees to fumish to the Secretary, a signed duplicate original copy ofthe policy and all endorsements. d. Cancellation ofthe insurance, whether by the insurer, the insured, a parent corporation providing insurance on behalf of the owner or operator ofthe hazardous waste management facility will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the Executive Secretary in which the facility is located. e. Any other termination ofthe insurance shall be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the Executive Secretary in which the facility is located. I hereby certify that the wording ofthis instrument is identical to the wording specified in 40 CFR 264.151(j) as incorporated by reference in Utah Administrative Code R315-8-8 as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States. ±M^ <5~ Sean P. Kenny Assistant Vice President, AIG Environmental - National Accounts Authorized Representative of American Intemational Specialty Lines Insurance Company 401 Plaza Three, Jersey City, NJ 07311 HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE 1. American Intemational Specialty Lines Insurance Company (the "Insurer"), of 401 Plaza Three, Jersey City, NJ 07311, hereby certifies that it has issued liability insurance covering bodily injury and property damage to Alliant Techsystems (the "insured"), of 5050 Lincoln Drive, Edina, lvnS[ 55436-1097 in connection with the insured's obligation to demonstrate financial responsibility under 40 CFR 264.147. The coverage apphes at: UTDOO 1705029, ATK Aerospace Company, hic, P.O. Box 98 Magna, UT 84044-0098 for sudden accidental occurrences. The limits of liability are $1,000,000 per occurrence and $2,000,000 annual aggregate, exclusive of legal defense costs. The coverage is provided under policy number PLS/CCC 476 31 30, issued on March 31, 2000. The effective date of said pohcy is March 31, 2000. 2. The Insurer further certifies the following with respect to the insurance described above: a. Bankruptcy or insolvency ofthe insured shall not relieve the Insurer ofits obligations under this policy. b. The Insurer is liable for the payment of amounts within any deductible applicable to the policy with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in 40 CFR 264.147. c. Whenever requested by the Executive Secretary ofthe Solid and Hazardous Waste Control Board of the State of Utah, (the "Executive Secretary"), the Insurer agrees to fumish to the Secretary, a signed duplicate original copy ofthe policy and all endorsements. d. Cancellation ofthe insurance, whether by the insurer, the insured, a parent corporation providing insurance on behalf of the owner or operator ofthe hazardous waste management facility will be effective only upon written notice and only after the expirafion of sixty (60) days after a copy of such written notice is received by the Executive Secretary in which the facility is located. e. Any other termination ofthe insurance shall be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the Executive Secretary in which the facility is located. I hereby certify that the wording ofthis instrument is identical to the wording specified in 40 CFR 264.151(^1) as incorporated by reference in Utah Administrative Code R315-8-8 as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States. Sean P. Kenny Assistant Vice President, AIG Environmental - National Accounts Authorized Representative of American Intemational Specialty Lines Insurance Company 401 Plaza Three, Jersey City, NJ 07311