25 Pa. Code § 271.341 - Release of bonds
(a) An operator
seeking a termination of a trust for a municipally operated landfill
established under §
271.301(c)
(relating to scope) or release of a bond previously submitted to the Department
shall file a written request with the Department for termination of the trust
or for release of all or part of the bond amount posted for the facility as
part of a request for bond or trust adjustment under §
271.332 (relating to bond and
trust amount adjustments), or after certification of closure of the facility.
Requests for trust termination or for withdrawals from trusts for municipally
operated landfills established under §
271.301(c) shall
comply with the requirements of §
271.343 (relating to withdrawals
from municipal trust).
(b) The
application for a bond release shall contain the following:
(1) The name of the operator and
identification of the facility for which the bond release is sought.
(2) The total amount of bond in effect for
the facility and the amount for which release is sought.
(3) A detailed explanation of why the bond
release is requested, including, but not limited to, completion of a measure
carried out in preparation for closure as defined in the closure plan or
otherwise discernible upon inspection of the facility, closure of the facility,
completion of postclosure measures, abatement measures taken and amendments to
the permit or changes in the facts or assumptions made during the bond amount
determination which demonstrate and would authorize a release of part or all of
the bond deposited for the facility.
(4) A revised cost estimate for closure and
postclosure care under §
271.331 (relating to bond and
trust amount determination).
(c) Upon receipt of a written request for
bond release under this section, the Department will inspect the facility to
verify the accuracy of the information provided in the application for the bond
release by the operator, as required by §
271.342 (relating to final closure
certification).
(d) The Department
will evaluate the bond release request as if it were a request for a new bond
amount determination under §
271.331. If the new bond amount
determination would require less bond amount for the facility than the amount
already on deposit, the Department may release the portion of the bond amount
which is not required for the facility, subject to the public notice and
comment provisions of this chapter. If the new bond amount determination
requires an additional amount of bond for the facility, the Department will
require the additional amount to be deposited for the facility.
(e) A request for a bond release under this
section upon final closure, or anytime after final closure, shall be, for the
purpose of providing public notice and comment, considered a major permit
modification and shall satisfy the public notice and comment requirements for
major permit modifications under §§
271.141-271.143 (relating to public notice
by applicant; public notice by Department; and public comments) unless waived,
in writing, by the Department. The Department may waive the public notice and
comment requirement for a particular bond release when a definite schedule of
bond release has been set forth in an approved closure plan, a permit or an
order of the Department, and the closure plan, permit or order has met the
public notice and comment requirements of this chapter.
(f) Upon receipt of a written request for a
bond release under this section, the Department will, within 12 months prior to
the expiration of the 10-year period following final closure, conduct a final
inspection of the facility. The purpose of the inspection is to determine
compliance with the act, the environmental protection acts, this title, the
terms and conditions of the permit, orders of the Department and the terms and
conditions of the bond. Based upon this determination, the Department will
either forfeit the bond prior to the expiration of the 10-year period following
final closure or release the bond at the expiration of the 10-year period
following final closure.
(g) The
following apply with regard to bond release:
(1) The Department will not release a bond
amount deposited for a facility if the release would reduce the total remaining
amount of bond to an amount which would be insufficient for the Department to
complete closure and postclosure care, including long term maintenance of
remediation measures, and to take measures that are necessary to prevent
adverse effects upon the environment or public health, safety or welfare under
the act, the environmental protection acts, this title, the terms and
conditions of the permits and orders of the Department.
(2) The release of a bond by the Department
does not constitute a waiver or release of other liability provided in law, nor
does it abridge or alter rights of action or remedies of a person or
municipality presently or prospectively existing in equity or under criminal
and civil common or statutory law. The release of a bond does not discharge an
owner or an operator from liability to restore the groundwater to remediation
standards and to maintain groundwater quality, at a minimum, at those
levels.
(3) The Department may
grant bond releases immediately upon final closure, for facilities other than
landfills, if it is clearly demonstrated that further monitoring, restoration
or maintenance is not necessary to protect the public health, safety and
welfare and the environment.
Notes
This section cited in 25 Pa. Code § 271.314 (relating to duration of liability); 25 Pa. Code § 271.321 (relating to special terms and conditions for surety bonds); 25 Pa. Code § 271.332 (relating to bond and trust amount adjustments); and 25 Pa. Code § 271.333 (relating to failure to maintain adequate bond).
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