25 Pa. Code § 271.312 - Existing facilities
(a)
Except as provided in §
271.301(c)
(relating to scope), a person or municipality operating a municipal waste
landfill or construction/demolition waste landfill on or after April 9, 1988,
who has not filed a bond under the act, shall file a bond with the Department
within 90 days by July 8, 1988. Nothing in this section prevents the Department
from requiring a bond to be submitted as required by the act for another
facility operating after April 9, 1988.
(b) A person or municipality that possesses a
municipal waste landfill permit or a demolition waste landfill permit under the
act, or a permit for an impoundment used for municipal waste disposal issued
under The Clean Streams Law (35 P. S. §§
691.1-691.1001), which permit was issued by
the Department prior to April 9, 1988, shall submit an updated bond in an
approved bond amount as required by the Department, prior to Departmental
approval of a closure plan submitted under §
271.113 (relating to closure
plan). Nothing in this section prevents the Department from requiring a bond to
be an updated bond under this chapter for another facility operating after
April 9, 1988.
(c) A municipality
operating a municipal waste landfill solely for the disposal of municipal
waste, and which received a permit from the Department under the act before
September 26, 1988, shall establish a trust fund under §
271.328 (relating to trust fund
for municipally operated landfills) and this subchapter or post another bond
consistent with this subchapter as of November 25, 1988.
(d) The bond required by this section shall
be submitted under the requirements of this subchapter, on a form prepared by
the Department, shall be made payable to the Department and shall provide for
continuous liability from the initiation of operations at the facility. The
amount of the bond shall be determined in accordance with §
271.331 (relating to bond and
trust amount determination).
(e)
The trust required by this section shall be submitted under the requirements of
this subchapter, on a form approved by the Department, and shall provide for
continuous liability from the initiation of operations at the facility. The
amount of the trust shall be determined in accordance with §
271.331.
(f) A department or agency
of the United States or the Commonwealth which owns and operates a municipal
waste processing or disposal facility shall satisfy the requirements of this
section by filing a bond with the Department under §
271.313(a)
(relating to form, terms and conditions of the bond or trust) or by another
means of financial assurance approved by the Department which satisfies the
terms and conditions for bonds under §
271.313(b)-(e)
and this subchapter.
Notes
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