RE: Liability Limits for Hazardous Waste Brokers

["John McCormick" <J_McCormick_Bionomics@msn.com>]

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From: 	radsafe@romulus.ehs.uiuc.edu on behalf of VERNIG.PETER@FORUM.VA.GOV
Sent: 	Wednesday, April 10, 1996 3:10 PM
To: 	Multiple recipients of list
Subject: 	Liability Limits for Hazardous Waste Brokers


This subject should be of interest to anyone who ships radioactive and 
hazardous waste through a broker.

For years one or two brokers have added to the many misconceptions surrounding 
brokerage of radioactive wastes.  These misconceptions include taking title to 
wastes and what type insurance coverage's are needed.

First of all, title of your waste is yours "cradle to grave". In some 
instances a broker or processor can assume co-title of your material, but no 
one can assume title of your waste.  The most recent evidence that supports 
this is the situation at Ramp.

The regulatory limits for insurance coverage's on vehicles transporting 
radioactive and hazardous materials varies from state to state.  The minimum 
amount is usually $1,000,000.00.  Most carriers involved with the 
transportation of these materials also carry a rider commonly known as an 
MCS90.  An MCS90 is usually written for $5,000,000.00, but is often written to 
cover only transportation incidents involving hazardous materials.  In order 
to cover incidents involving radioactive materials these policies must specify 
radioactive materials.  

Often times brokers like to claim their Pollution Exclusion policies or 
similar facility policies cover activities involving transportation.  They do 
not.  Unless specifically written to cover transportation of materials, a 
facility policy will not provide coverage. Facility coverage's take affect 
after the waste is unloaded from the truck and in the facility.  

Any facility you send materials to should have statutory coverage's for the 
type of materials they are processing, storing or disposing.  The EPA, NRC or 
state equivalent programs do have minimum coverage's and bonding.  A facility 
should have or exceeds these minimums, have an excellent compliance history 
and no evidence of financial problems.  Any facility to which materials are 
shipped should be inspected by the users or his agents regularly.

The following are the coverage's we provide and have provided by those 
companies we use, to ensure our clients are covered:

Transporter/Broker(Bionomics)

Workman's Compensation	$ 1,000,000.00
Employers Liability		$ 1,000,000.00
Automobile Liability		$ 1,000,000.00
MCS 90 Rider			$ 5,000,000.00
ANI			$10,000,000.00
General Liability			$ 1,000,000.00

Storage, Processing and Disposal Facilities 

Pollution Exclusion or Similar		Statutory
Bonding				Statutory

Please contact me if there are any questions.

John McCormick
423-376-0053