---
kind: "section"
citation: "40 C.F.R. § 261.151"
title: "40"
number: "261.151"
heading: "Wording of the instruments."
url: "https://uscodex.org/cfr/40/261.151"
---

# §261.151. Wording of the instruments.

- (a)
  - (1) A trust agreement for a trust fund, as specified in [§ 261.143(a)](/cfr/40/261.143.md?p=a) must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) The following is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in [§ 261.143(a)](/cfr/40/261.143.md?p=a) of this chapter. State requirements may differ on the proper content of this acknowledgment.
- (b) A surety bond guaranteeing payment into a trust fund, as specified in [§ 261.143(b)](/cfr/40/261.143.md?p=b) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (c) A letter of credit, as specified in [§ 261.143(c)](/cfr/40/261.143.md?p=c) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (d) A certificate of insurance, as specified in [§ 261.143(e)](/cfr/40/261.143.md?p=e) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (e) A letter from the chief financial officer, as specified in [§ 261.143(e)](/cfr/40/261.143.md?p=e) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (f) **A letter from the chief financial officer, as specified in Sec.** 261.147(f) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
- (g)
  - (1) A corporate guarantee, as specified in [§ 261.143(e)](/cfr/40/261.143.md?p=e) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) A guarantee, as specified in [§ 261.147(g)](/cfr/40/261.147.md?p=g), must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (h) A hazardous waste facility liability endorsement as required [§ 261.147](/cfr/40/261.147.md) must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (i) A certificate of liability insurance as required in [§ 261.147](/cfr/40/261.147.md) must be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (j) A letter of credit, as specified in [§ 261.147(h)](/cfr/40/261.147.md?p=h) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (k) **A surety bond, as specified in Sec.** 261.147(i) of this chapter, must be worded as follows: except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (l)
  - (1) A trust agreement, as specified in [§ 261.147(j)](/cfr/40/261.147.md?p=j) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) The following is an example of the certification of acknowledgement which must accompany the trust agreement for a trust fund as specified in [§ 261.147(j)](/cfr/40/261.147.md?p=j). State requirements may differ on the proper content of this acknowledgement.
- (m)
  - (1) A standby trust agreement, as specified in [§ 261.147(h)](/cfr/40/261.147.md?p=h) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) The following is an example of the certification of acknowledgement which must accompany the trust agreement for a standby trust fund as specified in [section 261.147(h)](/cfr/40/261.147.md?p=h) of this chapter. State requirements may differ on the proper content of this acknowledgement.

## Notes

### Amendments

[73 FR 64764, Oct. 30, 2008, as amended at 88 FR 54101, Aug. 9, 2023]

### Source

Source: 73 FR 64764, Oct. 30, 2008, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

### Source

Source: 45 FR 33119, May 19, 1980, unless otherwise noted.

### Amendments

[73 FR 64764, Oct. 30, 2008, as amended at 88 FR 54101, Aug. 9, 2023]