1. (a) To use the self-insurance and risk management mechanism an operator shall:

   1. (1) Be a public entity;
   2. (2) Be self-insured;
   3. (3) Employ a risk manager;
   4. (4) Have an active safety and loss prevention program that seeks to minimize the frequency and magnitude of third party damages caused by accidental occurrences and other self-insured losses;
   5. (5) Have procedures for and a recent history of timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses; and
   6. (6) Satisfy any other reasonable conditions that CalRecycle determines are needed to ensure that the assured amount of funds shall be available in a timely manner.
2. (b) This coverage shall be demonstrated by using form CalRecycle 109 (03/17), which is incorporated by reference.

Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Sections 43040 and 43103, Public Resources Code.

History

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).

2. Amendment of section heading and subsection (b) filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).

3. Change without regulatory effect amending section heading and subsections (a)(6) and (b) and amending form CalRecycle (formerly CIWMB) 109 (incorporated by reference) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50).