25 Pa. Code § 271.313 - Form, terms and conditions of the bond or trust
(a) The Department will accept the following
types of bonds or trusts:
(1) A surety bond
as provided in §
271.321 (relating to special terms
and conditions for surety bonds).
(2) A collateral bond as provided in
§§ 271.322-271.325.
(3) A
combination of surety and collateral bonds as provided in §
271.327 (relating to
surety/collateral combination bond).
(4) For a facility with a permit term of at
least 10 years, a phased deposit of collateral bond as provided in §
271.326 (relating to phased
deposit of collateral).
(5) A trust
fund as provided in §
271.328 (relating to trust fund
for municipally operated landfills), for a municipal waste landfill operated by
a municipality solely for the disposal of municipal waste.
(b) A person or municipality submitting a
bond or trust shall comply with Department guidelines, which can be obtained
from the Bureau of Waste Management, Division of Enforcement, Post Office Box
2063, Harrisburg, Pennsylvania 17105-2063, establishing minimum criteria for
execution and completion of the bond or trust forms and related documents and
on calculation of total bond or trust liability.
(c) Bonds and trusts shall be conditioned on
compliance with the act, the environmental protection acts, this title,
Department orders relating to operation of municipal waste processing and
disposal facilities, the terms and conditions of the permit, and amendments,
revisions and changes to the act, the environmental protection acts, the
regulations and the permit. The liability of the operator under the bond or
trust is absolute and unconditional to ensure compliance by the operator with
requirements for the operation of a municipal waste processing or disposal
facility.
(d) Liability on the bond
shall cover the operation of municipal waste disposal or processing activities
conducted from the initiation of the activities until the bond is released. The
Department may accept a bond executed by an operator who is not the permittee
or permit applicant, in lieu of a bond executed by the permittee or permit
applicant, only if the liability on the bond meets the requirement of this
subchapter. A bond executed by an operator who is not the permittee or permit
applicant does not meet the requirements of this subchapter if liability on the
bond is limited to the municipal waste management activities of that
operator.
(e) Bonds will be
reviewed for legality and form according to established Department
procedures.
(f) Liability under the
trust shall cover the operation of municipal waste disposal or processing
activities conducted from the initiation of the activities until the trust is
terminated. The Department will not accept a trust executed by an operator who
is not the permittee or permit applicant, in lieu of a bond executed by the
permittee or permit applicant.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.