25 Pa. Code § 271.326 - Phased deposit of collateral
(a) If
the Department determines, based upon the approved facility operation plan,
that the facility will be accepting municipal waste for a period of at least 10
years from the date of permit issuance or the commencement of acceptance of
municipal waste, whichever is later, prior to closure of the facility, a person
or municipality may post a collateral bond according to the following
requirements:
(1) The operator shall submit a
collateral bond to the Department, accompanied by sufficient collateral
required in this subchapter, and a schedule for deposit of the remaining
required collateral.
(2) The
operator shall deposit with the Department $10,000 or 25% of the total amount
of bond determined in this subchapter, whichever is greater, in approved
collateral prior to issuance of the permit.
(3) The operator shall submit a schedule
agreeing to deposit 10% of the remaining amount of bond in approved collateral
in each of the next 10 years, or in proportions so that final payment is made
by the date required by the Department. The entire bond amount shall be
submitted by the operator no later than the actual or expected closure of the
facility. Annual payments shall become due on the anniversary date of the
issuance of the permit, unless otherwise established by the Department.
Payments shall be accompanied by appropriate bond documents required by the
Department.
(4) Failure or refusal
to make annual payments on or before the due date is grounds for forfeiture of
the bond.
(5) The Department may
require additional bonding if the Department determines that a higher bond
amount is necessary. The increase in the total bond amount required shall
proportionately increase the remaining annual payments. The operator shall
submit a new schedule, and the increased portions of payments already made,
within 30 days of notice by the Department of the increase in the total bond
amount.
(b) The operator
shall deposit the full amount of bond required for the facility within 30 days
of receipt of a written demand by the Department to accelerate deposit of the
bond. The Department may make the demand when one of the following occurs:
(1) The operator has failed to make a deposit
of bond amount when required according to the schedule for the
deposits.
(2) The operator has
violated the requirements of the act, the environmental protection acts, this
title, the terms or conditions of the permit or orders of the
Department.
(3) The actual or
expected closure of the facility will occur prior to the expiration of the
10-year period determined under this section.
(c) The operator shall survey the facility
annually to determine the remaining permitted capacity, and shall notify the
Department if the actual or expected closure of the facility will occur prior
to the expiration of the 10-year period under this section, or if the facility
will reach 50% capacity within 5 years after commencement of acceptance of
municipal waste at the facility.
(d) The Department will not accept phased
deposit of collateral as bond for a facility if one of the following occurs:
(1) The operator has failed to pay to the
Department, when due, permit fees, fines, penalties or other payments, or has
failed to deposit bond amounts with the Department when due.
(2) The operator has a pattern or history of
violations of the act, the environmental protection acts, this title, the terms
and conditions of the permit or orders of the Department which even if later
corrected, demonstrates a lack of ability or intention to comply with these
requirements.
(e)
Interest earned by collateral on deposit shall be accumulated and become part
of the bond amount until the operator completes deposit of the requisite bond
amount in accordance with the schedule of deposit. After the operator completes
deposit of the requisite bond amount in accordance with the schedule of
deposit, the operator may request the Department for a return of accumulated
interest. The Department may return accumulated interest if the return of
accumulated interest does not reduce the amount of collateral below the
required bond amount.
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.