25 Pa. Code § 284.641 - Bond requirement
(a)
General. The applicant shall provide the Department a bond,
secured by collateral as specified by this section and which bond is
conditional upon compliance by the licensee with the requirements of the act,
the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§
6019.1-6019.6), known as the Infectious and
Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of
the license and Department orders issued to the licensee. The bond shall be
consistent with, and subject to, the requirements of this section. The amount,
duration, form, conditions and terms of the bond will be specified by the
Department. An additional bond amount will not be required of applicants that
are also licensed hazardous waste transporters during the term of license or
renewal thereof under this subchapter if the applicant or licensee submits a
bond endorsement, including an increase in the amount of the bond of a minimum
of $10,000, to the Department that includes liability for regulated medical and
chemotherapeutic waste transportation on the hazardous waste transporter
bond.
(b)
Approval by
Department. A license to transport regulated medical or
chemotherapeutic waste will not be issued by the Department before the
applicant for the license has filed a collateral bond payable to the Department
on a form provided by the Department, and the bond has been approved by the
Department.
(c)
Amount of
bond.
(1) The bond shall be in an
amount sufficient to assure that the licensee faithfully performs the
requirements of the act, the Infectious and Chemotherapeutic Waste Law and
regulations thereunder, the terms and conditions of the license, and Department
orders issued to the licensee. The minimum amount of the bond is
$10,000.
(2) The Department may
require additional bond amounts if the mode of transporting waste changes, or
the Department determines additional bond amounts are necessary to meet the
requirements described in paragraph (1).
(d)
Term of bond. Liability
under the bond shall contain at a minimum for the duration of the license, any
renewals thereof and for 1 year after expiration, termination, revocation or
surrender of the license. The 1-year extended period of liability includes, and
shall be automatically extended for, an additional time period during which
administrative or legal proceedings are pending involving a violation by the
transporter of the act, the Infectious and Chemotherapeutic Waste Law,
regulations thereunder, the terms and conditions of the license or Department
orders issued to the licensee.
(e)
Collateral for transporter bonds.
(1) The Department will accept the types of
collateral for transporter bonds that are provided in §
271.322 (relating to general terms
and conditions for collateral bonds).
(2) The terms and conditions for the bonds
shall be as provided in §§ 271.322-271.325.
(3) A department or agency of the United
States or the Commonwealth applying for a transporter license to transport
regulated medical or chemotherapeutic waste shall satisfy the requirements of
this section by filing a bond with the Department under this section, or by
another means of financial assurance approved by the Department which satisfies
the terms and conditions for bonds under §
271.313(b)
(relating to forms, terms and conditions of the bond or trust). The Department
may accept a bond executed by a transporter who is not the licensee, instead of
a bond executed by the licensee, if the liability on the bond meets the
requirements of this subchapter. The transporter may not accept waste or
initiate operation prior to the approval by the Department of the financial
assurances required by this section.
(f)
Review of bonds. Bonds
will be reviewed for legality and form according to established Department
procedures.
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.