Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS › Subpart G - FINANCIAL ASSURANCE › Appendix A - Financial Assurance Forms › ILLUSTRATION H - Owner's or Operator's Bond With Parent Surety

Current through Register Vol. 48, No. 28, July 12, 2024
OWNER'S OR OPERATOR'S BOND WITH PARENT
					 SURETY
Date bond executed:
					 __________________________________
Effective Date: __________________________________
Surety: __________________________________
Surety's address: __________________________________
Owner or Operator:
					 __________________________________
Owner's or Operator's address:
					 __________________________________
Site: __________________________________
Site address: __________________________________
Penal sum: $__________________________________
The Owner or Operator and Surety promise to pay the above
					 penal sum to the Illinois Environmental Protection Agency ("IEPA") unless the
					 Owner or Operator provides closure and post-closure care of the site in
					 accordance with the closure and post-closure care plans for the site. To the
					 payment of this obligation the Owner or Operator and Surety jointly and
					 severally bind themselves, their heirs, executors, administrators, successors
					 and assigns.
Whereas the Owner or Operator is required under Section
					 21(d) of the Environmental Protection Act [415 ILCS
					 5/21(d) ] to have a permit to conduct
					 a waste disposal operation.
Whereas the Owner or Operator is required under Section
					 21.1 of the Environmental Protection Act [415 ILCS
					 5/21.1 ] to provide financial assurance for closure
					 and post-closure care.
Whereas the Owner or Operator and Surety agree that this
					 bond shall be governed by the laws of the State of Illinois.
Whereas the Surety is a corporation that owns an interest
					 in the Owner or Operator.
The Surety shall pay the penal sum to the IEPA if, during
					 the term of the bond, the Owner or Operator fails to provide closure or
					 post-closure care for any site in accordance with the closure and post-closure
					 care plans for that site as guaranteed by this bond. The Owner or Operator
					 fails to so provide when the Owner or Operator:
a) Abandons the site;
b) Is adjudicated bankrupt;
c) Fails to initiate closure of the site or
				  post-closure care when ordered to do so by the Illinois Pollution Control Board
				  or a court of competent jurisdiction;
d) Notifies the IEPA that it has initiated
				  closure, or initiates closure, but fails to close the site or provide
				  post-closure care in accordance with the closure and post-closure care
				  plans;
e) For corrective action,
				  fails to implement corrective action at a municipal solid waste landfill unit
				  in accordance with 35 Ill. Adm. Code
				  811.326;
				  or
f) Fails to provide alternative
				  financial assurance and obtain the IEPA written approval of the assurance
				  provided within 90 days after receipt by the Owner or Operator and the IEPA of
				  a notice from the Surety that the bond will not be renewed for another
				  term.
The Surety shall pay the penal sum of the bond to the IEPA
					 within 30 days after the IEPA mails notice to the Surety that the Owner or
					 Operator has met one or more of the conditions described above. Payment shall
					 be made by check or draft payable to the State of Illinois, Landfill Closure
					 and Post-Closure Fund.
The liability of the Surety shall not be discharged by any
					 payment or succession of payments unless and until the payment or payments
					 shall amount in the aggregate to the penal sum of the bond. In no event shall
					 the obligation of the Surety exceed the amount of the penal sum.
This bond shall expire on the _________ day of _________,
					 _________[date], but that expiration date shall be automatically extended for a
					 period of [at least one year] on [date] and on each successive expiration date,
					 unless, at least 120 days before the current expiration date, the Surety
					 notifies both the IEPA and the Owner or Operator by certified mail that the
					 Surety has decided not to extend the term of this surety bond beyond the
					 current expiration date. The 120 days will begin on the date when both the
					 Owner or Operator and the IEPA have received the notice, as evidenced by the
					 return receipts.
The Owner or Operator may terminate this bond by sending
					 written notice to the Surety; provided, however, that no such notice shall
					 become effective until the Surety receives written authorization for
					 termination of the bond from the IEPA in accordance with 35 Ill. Adm. Code
					 811.702.
The persons whose signatures appear below certify that they
					 are authorized to execute this surety bond on behalf of the Owner or Operator
					 and Surety and that the wording of this surety bond is identical to the wording
					 specified in 35 Ill. Adm. Code 811.Appendix A, Illustration H as that
					 regulation was constituted on the date this bond was executed.
In Witness Whereof, the Owner or Operator and Surety have
					 executed this bond and have affixed their seals on the date set forth
					 above.
OWNER OR OPERATOR
SURETY
______________________
______________________
Signature
Name
______________________
______________________
Typed Name
Address
______________________
______________________
Title
State of Incorporation
______________________
______________________
Date
Signature
Corporate Seal
______________________
Typed Name
______________________
Title
______________________
Corporate Seal