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 › BOND AND TRUST REQUIREMENTS-GENERAL › Section 271.312 - Existing facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						  as provided in §
													271.301(c)
						  (relating to scope), a person or municipality operating a municipal waste
						  landfill or construction/demolition waste landfill on or after April 9, 1988,
						  who has not filed a bond under the act, shall file a bond with the Department
						  within 90 days by July 8, 1988. Nothing in this section prevents the Department
						  from requiring a bond to be submitted as required by the act for another
						  facility operating after April 9, 1988.
(b) A person or municipality that possesses a
						  municipal waste landfill permit or a demolition waste landfill permit under the
						  act, or a permit for an impoundment used for municipal waste disposal issued
						  under The Clean Streams Law (35 P. S. §§
														691.1-691.1001), which permit was issued by
						  the Department prior to April 9, 1988, shall submit an updated bond in an
						  approved bond amount as required by the Department, prior to Departmental
						  approval of a closure plan submitted under §
													271.113 (relating to closure
						  plan). Nothing in this section prevents the Department from requiring a bond to
						  be an updated bond under this chapter for another facility operating after
						  April 9, 1988.
(c) A municipality
						  operating a municipal waste landfill solely for the disposal of municipal
						  waste, and which received a permit from the Department under the act before
						  September 26, 1988, shall establish a trust fund under §
													271.328 (relating to trust fund
						  for municipally operated landfills) and this subchapter or post another bond
						  consistent with this subchapter as of November 25, 1988.
(d) The bond required by this section shall
						  be submitted under the requirements of this subchapter, on a form prepared by
						  the Department, shall be made payable to the Department and shall provide for
						  continuous liability from the initiation of operations at the facility. The
						  amount of the bond shall be determined in accordance with §
													271.331 (relating to bond and
						  trust amount determination).
(e)
						  The trust required by this section shall be submitted under the requirements of
						  this subchapter, on a form approved by the Department, and shall provide for
						  continuous liability from the initiation of operations at the facility. The
						  amount of the trust shall be determined in accordance with §
						  271.331.
(f) 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
						  section by filing a bond with the Department under §
													271.313(a)
						  (relating to form, terms and conditions of the bond or trust) or by another
						  means of financial assurance approved by the Department which satisfies the
						  terms and conditions for bonds under §
													271.313(b)-(e)
						  and this subchapter.