(a) A
person or municipality that has not submitted proof of insurance under the act
may not dispose or process residual waste unless the person or municipality has
submitted proof of a commercial policy of liability insurance covering
third-party claims for property damage and bodily injury as provided by this
section.
(b) An applicant for a
permit to operate a residual waste processing or disposal facility, and every
person or municipality that submits a closure plan under §
287.117 (relating to closure
plan), shall submit to the Department proof of a commercial policy of liability
insurance covering third party claims for property damage and bodily injury.
(1) The insurance policy shall be effective
prior to the initiation of residual waste processing or disposal operations
under the permit, or, for a closure plan submitted under § 287.117, prior
to the initiation of the closure plan.
(2) The Department may accept as proof of
insurance an insurance policy issued to a person that operates the facility who
is not the permittee, in lieu of a policy issued to the permittee, if the
insurance policy meets the requirements of this subchapter.
(c) Permit applications for new
facilities shall certify that the operator has in force, or will, prior to
initiation of operations, an insurance policy that complies with the
requirements of this subchapter.
(d) A department or agency of the United
States or the Commonwealth which owns or operates a residual waste processing
or disposal facility may satisfy the requirements of this section by other
means of financial assurance approved by the Department which satisfy the terms
and conditions for insurance under this subchapter.