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 › ENVIRONMENTAL IMPAIRMENT LIABILITY FINANCIAL ASSURANCES › Section 271.381 - Financial assurances requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or municipality that has not
						  submitted proof of environmental impairment liability financial assurances
						  under this subchapter may not operate a municipal waste landfill or resource
						  recovery facility. After September 26, 1988, a municipal waste landfill or
						  resource recovery facility may not accept wastes or initiate operation prior to
						  receipt from the Department of approval of financial assurance. Initiation of
						  operation will not be construed to mean activities associated with the
						  planning, development or construction of the landfill or facility.
(b) An applicant for a permit to operate a
						  municipal waste landfill or resource recovery facility shall submit proof of
						  environmental impairment liability financial assurances for satisfying claims
						  of bodily injury and property damage to third parties caused by or relating to
						  pollution occurrences arising from the operation of a municipal waste landfill
						  or a resource recovery facility.
(c) An applicant for a permit for a municipal
						  waste processing or disposal facility owned and operated by a department or an
						  agency of the United States or the Commonwealth may fulfill the requirement
						  under this section by means of commercial insurance as specified in
						  §§
													271.383-271.385 (relating to commercial
						  insurance; general requirements-municipalities and municipal authorities;
						  commercial insurance; coverage-municipalities and municipal authorities; and
						  commercial insurance; proof of coverage-municipalities and municipal
						  authorities) or §§
													271.392-271.394 (relating to commercial
						  insurance; general requirements-persons other than municipalities and municipal
						  authorities; commercial insurance; coverage-persons other than municipalities
						  and municipal authorities; and commercial insurance; proof of coverage-persons
						  other than municipalities and municipal authorities); self-insurance allowed by
						  Federal or State law; or additional means approved by the Department. The
						  minimum amount of liability coverage for departments and agencies of the
						  Commonwealth may not exceed the liability limits of 42 Pa.C.S. Chapter 85
						  (relating to matters affecting government units).
(d) Financial assurance shall be continuously
						  maintained in full force from the date waste is first accepted or the
						  initiation of operations until the effective date of closure certification
						  under §
													271.342 (relating to final closure
						  certification). If, upon certification of closure, the Department determines
						  the landfill or facility may continue to present a significant risk to public
						  health, safety and welfare or to the environment, the Department will require
						  the continuation of environmental impairment liability financial assurances, in
						  full force, for a period beyond the effective date of closure as determined by
						  the Department.
This section cited in 25 Pa. Code §
															271.379 (relating to combination
								of financial assurance requirements); 25 Pa. Code §
															271.382 (relating to forms of
								financial assurances-municipalities and municipal authorities); 25 Pa. Code
								§
															271.386 (relating to environmental
								impairment trust funds; general-municipalities and municipal authorities); 25
								Pa. Code §
															271.388 (relating to insurance
								pool-municipalities and municipal authorities); 25 Pa. Code §
															271.389 (relating to
								self-insurance-municipalities and municipal authorities); 25 Pa. Code §
															271.391 (relating to forms of
								financial assurances-persons other than municipalities and municipal
								authorities); and 25 Pa. Code §
															271.395 (relating to environmental
								impairment trust funds; general-persons other than municipalities and municipal
								authorities).