Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › GENERAL › Section 271.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  sets forth minimum requirements for demonstrating sufficient financial
						  responsibility for the operation of municipal waste processing or disposal
						  facilities by providing for bond guarantees for the operation of those
						  facilities, and by providing for minimum standards for insurance protection for
						  personal injury and property damage to third parties arising from the operation
						  of the facilities.
(b) This
						  subchapter applies to a person or municipality that operates the facility but
						  is not a permit applicant or permittee when the person or municipality submits
						  a bond or provides insurance. Nothing in this subchapter excuses the applicant
						  or permittee from complying with this subchapter.
(c) A municipality operating a municipal
						  waste landfill solely for the disposal of municipal waste may satisfy the
						  requirements of this subchapter by establishing a trust fund under §
													271.328 (relating to trust fund
						  for municipally operated landfills) and this subchapter. A municipality that
						  disposes, has disposed or proposes to dispose of residual waste at a municipal
						  waste landfill that it operates may not satisfy the requirements of this
						  subchapter by establishing a trust fund and shall file a bond under this
						  subchapter.
(d) A department or
						  agency of the United States or the Commonwealth which owns and operates a
						  municipal waste processing or disposal facility shall satisfy the requirements
						  of this subchapter. The department or agency of the United States or the
						  Commonwealth may satisfy financial assurance requirements by using applicable
						  forms of financial assurance under this subchapter or by other means of
						  financial assurance approved by the Department.
(e) When an application for the land
						  application of sewage sludge is made by a municipality of a municipal
						  authority, the filing of a bond with the Department is not required as a
						  condition for issuance of a permit to the municipality or municipal authority
						  for the application of the sewage sludge for land reclamation or agricultural
						  utilization purposes.
This section cited in 25 Pa. Code §
															271.312 (relating to existing
								facilities); 25 Pa. Code §
															271.321 (relating to special terms
								and conditions for surety bonds); 25 Pa. Code §
															271.341 (relating to release of
								bonds); 25 Pa. Code §
															271.351 (relating to forfeiture
								determination); 25 Pa. Code §
															271.353 (relating to certification
								procedures for municipally operated landfills); 25 Pa. Code §
															271.362 (relating to reissuance of
								permit); and 25 Pa. Code §
															272.106 (relating to termination
								of trust).