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Storage Tank Standby Trust Fund Agreement

Document

Form 62-761.900(3) Part H

General Guidance

  • Calculate FR needs, Reference Manuals, EPA link and FAQs
  • DEP forms must be used and filled out completely.
  • Verify current version of form part is used (as of the entered into date on page 1 - "October 2019" version if signed after 10/13/2019)
  • Verify issuing institution is eligible to complete this financial instrument (trust powers granted)
  • Verify facility and tanks at site have coverage.  The following should match the state registration:
    • Facility identification number (FacID) (for facilities in Florida)
    • Facility name
    • Site address
    • Number of regulated tanks (or list of tank identification numbers)
  • Confirm "owner or operator" name is same as in Sunbiz.org if not a governmental agency or sole proprietor

Trust Fund Specific Guidance

  • The Trustee name must match (including punctuation and abbreviations) the legal entity name. Use of fictitious or trademark names is not appropriate. This can often be verified on the FDIC website.
  • The Trustee entering into this agreement must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This can usually be verified on the FDIC website - be sure to choose "Trust Powers Granted" in “Common Searches”. 
  • Amendments to the Agreement (such as revised facility lists) must be kept with the Agreement.
  • Signatory for the Grantor (owner or operator) should be the president of a corporation, managing member of an LLC, or equivalent for entity type.
    • If the name of the president (or equivalent) is not found on the Florida Division of Corporations website (Sunbiz.org), or if anyone else signs, additional documentation will be required. See the Delegation of Authority Letter for more specific requirements. The signatory's title must match the title as given on the Sunbiz.org web site or other documentation.

What to Do with Completed Forms

  • An owner or operator must maintain financial responsibility records (the completed form parts with required supporting documentation) at the facility or at their business office.
  • If not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days notice by a department or county inspector.

Links

  • Sunbiz – verify owner/operator’s legal name (including punctuation and abbreviations)
  • FDIC website – verify most bank names (enter Trustee name, then click on “Common Searches” button and select under “Common Searches” drop down the “Trust Powers Granted” option.)
  • Example of Certificate of Valid Claim

Return to Storage Tank Financial Assurance Forms (Mechanisms) webpage

Form Number: 
62-761.900(3) Part H
Effective-Revision Date: 
Friday, February 7, 2020
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Last Modified:
September 21, 2020 - 8:27am

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