reglab/statecodes huggingface dataset:
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-RELEASE › Section 271.343 - Withdrawals from municipal trust

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for purposes of investing and
						  reinvesting the moneys in the trust fund by the trustee, no withdrawals may be
						  made from the trust fund prior to certification by the Department of the
						  abandonment of the landfill under §
													271.351 (relating to forfeiture
						  determination) or prior to the certification of closure of the landfill under
						  §
													273.203(a)(10)
						  (relating to certification). The Department will provide the trustee with a
						  copy of the certification of abandonment.
(b) The trustee shall withdraw and pay over
						  moneys from the trust fund only upon receipt of a written request of the
						  municipality or municipal authority. The trustee may not honor the written
						  request of the municipality or municipal authority unless it has been approved
						  by the Department.
(c) Written
						  requests to the Department to withdraw and pay over moneys from the trust fund
						  to the operator shall include the following:
(1) The name of the operator and the
						  identification of the facility for which withdrawal is sought.
(2) The total amount of the trust corpus for
						  the facility, the amount of the withdrawal request and the balance remaining in
						  the trust.
(3) A detailed
						  explanation of why the withdrawal is requested, including, but not limited to,
						  completion of a stage of postclosure as defined in the closure plan or
						  otherwise discernible upon inspection of the facility, completion of
						  postclosure remedial measures, abatement measures taken and amendments to the
						  permit or changes in the facts or assumptions made during the trust corpus
						  amount determination.
(4) A revised
						  cost estimate for closure and postclosure care under §
														271.331 (relating to bond and
						  trust amount determination) based on the costs to complete final closure after
						  the completion of the activities specified in the request as detailed in
						  paragraph (3).
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-FORFEITURE › Section 271.352 - Forfeiture procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  Department declares a bond forfeit, it will:
(1) Send written notification to the
						  operator, the surety on the bond, and every municipality in which a part of the
						  facility is located, of the Department's determination to declare the bond
						  forfeit and the reasons for the forfeiture.
(2) Advise the operator and surety of the
						  right to appeal to the Environmental Hearing Board under section 1921-A of The
						  Administrative Code of 1929 (71 P. S. §
															510-21).
(3) Proceed to collect on the bond as
						  provided by applicable laws for the collection of defaulted bonds or other
						  debts.
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-FORFEITURE › Section 271.353 - Certification procedures for municipally operated landfills

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For municipally operated landfills for
						  which a trust is posted under §
													271.301(c)
						  (relating to scope) and this subchapter, the Department will certify to the
						  trustee, in writing, that the trust has been abandoned under §
													271.351 (relating to forfeiture
						  determination). The Department will not make the certification sooner than 30
						  days after the Department has provided written notice to the municipality or
						  municipal authority and the trustee of the Department's intention to make the
						  certification.
(b) Upon the
						  trustee's receipt of the certification, all rights, title and interest in the
						  property of the trust shall be vested in the Department. The Department may
						  direct the trustee to make disbursements from the trust fund as may be
						  necessary to complete final closure of the landfill and prevent or abate
						  adverse effect on the environment, or direct the trustee to take the necessary
						  steps to terminate the trust and pay to the Department moneys remaining in the
						  trust together with other property of the trust, less the trustee's final
						  administration expenses. This amount will be paid into the Solid Waste
						  Abatement Fund, to be used solely for abatement, remediation, closure,
						  postclosure care, monitoring and related costs for that particular
						  landfill.
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-FORFEITURE › Section 271.354 - Miscellaneous provisions for municipal trusts

Current through Register Vol. 54, No. 28, July 13, 2024
Under §
													271.328(a)(5)
							 (relating to trust fund for municipally operated landfills), if the trustee
							 notifies the Department that the quarterly payment due from the municipality or
							 municipal authority has not been received by the trustee, the Department will
							 immediately, in writing, notify the municipality or municipal authority that it
							 shall pay to the trustee the quarterly payment due within 15 days of the
							 Department's notification. If the municipality or municipal authority fails or
							 refuses to pay to the trustee the quarterly payment at the expiration of the
							 15-day period, the Department will proceed to collect the quarterly payment in
							 a manner provided by law.
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-OTHER PROVISIONS › Section 271.361 - Replacement of existing bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department may allow an operator to replace an existing surety or
						  collateral bond with another surety or collateral bond, if the liability which
						  has accrued against the bond, the operator and the facility is transferred to
						  the replacement bond. The replacement bond shall include an endorsement by the
						  operator acknowledging the retroactivity of the liability to the date of issue
						  of the original municipal waste management permit or a prior date determined by
						  the Department. The bond amount for this replacement bond will be determined
						  under this subchapter, but may not be less than the amount on deposit with the
						  Department.
(b) The Department will
						  not release existing bonds until the operator has submitted and the Department
						  has approved acceptable replacement bonds. A replacement of bonds under this
						  section does not constitute a release of bond under this subchapter.
This section cited in 25 Pa. Code §
															271.321 (relating to special terms
								and conditions for surety bonds).
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-OTHER PROVISIONS › Section 271.362 - Reissuance of permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before an
						  existing permit is reissued under §
													271.221 (relating to permit
						  reissuance), the applicant for permit reissuance shall submit an approved bond,
						  in an appropriate amount determined by the Department under this subchapter but
						  not less than the amount of bond on deposit with the Department, assuming
						  accrued liability for the facility. The bond shall include an endorsement
						  acknowledging the retroactivity of liability upon the bond to the date of issue
						  of the original permit, or a prior date determined by the Department.
(b) An applicant for permit reissuance under
						  §
													271.221 which is not a
						  municipality or municipal authority applying to operate an existing municipal
						  waste landfill shall comply with bond requirements of this subchapter, even if
						  a trust under §
													271.301(c) 
						  (relating to scope) and this subchapter has previously been established for the
						  facility.
(c) An applicant for
						  permit reissuance under §
													271.221 which is a municipality or
						  municipal authority applying to operate an existing municipal waste landfill
						  which has never received residual or other nonmunicipal waste for disposal, and
						  for which a bond has previously been posted under §
													271.301(c) and
						  this subchapter, may either post a bond or establish a trust under this
						  subchapter.
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-OTHER PROVISIONS › Section 271.363 - Incapacity of operators or financial institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator shall notify the Department
						  by certified mail within 10 days after commencement of a voluntary or
						  involuntary proceeding under 11 U.S.C.A. §§
														101-1330, known as the Federal
						  Bankruptcy Act, naming the operator as debtor.
(b) A financial institution which issues a
						  surety bond, letter of credit or certificate of deposit under this subchapter
						  shall notify the Department, when permissible under the law, by certified mail
						  within 10 business days after:
(1) The
						  financial institution has been declared insolvent and a receiver appointed by a
						  state or Federal regulatory authority having jurisdiction in the matter or the
						  commencement of a voluntary or involuntary proceeding under
						  11 U.S.C.A. §§
															101-1330, known as the Federal
						  Bankruptcy Act.
(2) An action
						  alleging violation of regulatory requirements which could result in suspension
						  or revocation of the authority of the financial institution to issue the
						  instruments or to continue in business.
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-OTHER PROVISIONS › Section 271.364 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
Remedies provided or authorized by law for violation
							 of statutes, including but not limited to, the act, the applicable
							 environmental protection acts, this title and terms and conditions of permits
							 and orders of the Department, are expressly preserved. Nothing in this
							 subchapter is an exclusive penalty or remedy for the violations. No action
							 taken under this subchapter waives or impairs another remedy or penalty
							 provided in law or equity.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.371 - Insurance requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality that has not submitted proof of insurance under the act
						  may not dispose or process municipal waste unless the person or municipality
						  has in effect financial assurances providing for ordinary liability and
						  covering third-party claims for property damage and bodily injury as provided
						  by this section.
(b) An applicant
						  for a permit to conduct municipal waste processing or disposal activities, and
						  a person or municipality that submits a closure plan under §
													271.113 (relating to closure
						  plan), shall submit to the Department proof that it has in effect financial
						  assurances providing for ordinary liability covering third-party claims for
						  property damage and bodily injury.
(1) The
						  insurance policy shall be effective prior to the initiation of municipal waste
						  processing or disposal activities under the permit, or, for a closure plan
						  submitted under § 271.113, prior to the initiation of the closure
						  plan.
(2) The Department may accept
						  as proof of insurance an insurance policy issued to a person or municipality
						  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.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.372 - Conditions of insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						  for operators of municipal waste agricultural utilization sites under Chapter
						  275 (relating to land application of sewage sludge), the operator shall
						  maintain financial assurances during operation of the facility and until the
						  Department issues a final closure certification under §
													271.342 (relating to final closure
						  certification) which satisfy the following conditions:
(1) Commercial insurance provided to satisfy
						  the financial assurance requirement of this section shall follow the standard
						  commercial or comprehensive general liability policy forms approved by the
						  Insurance Department, and shall include coverage for property damage and bodily
						  injury to third persons.
(2) The
						  insurance policy shall specify that per occurrence and aggregate limits apply
						  to property damage and bodily injury combined.
(3) An insurance policy shall be issued by an
						  insurer having a certificate of authority and a licensed agent authorized to
						  transact the business of insurance in this Commonwealth by the Insurance
						  Department. Insurance may be provided by an excess or surplus lines insurer if
						  the insurer is approved by the Insurance Department.
(4) The full policy amount shall be
						  applicable to each facility covered and operated by the operator. There may be
						  no proration of the policy amount of coverage among facilities.
(5) The insurance policy shall provide that
						  the insurer shall notify the Department by certified mail whenever a
						  substantive change is made in the policy, including policy amounts, scope of
						  coverage, tail period, claims procedures, definitions of occurrences or claims,
						  or another provision related to the requirements of this subchapter.
(6) The amount of coverage provided for
						  property damage and bodily injury may be exclusive or inclusive of legal
						  defense costs.
(7) The insurance
						  policy shall provide for the payment of claims up to the full amount of
						  coverage required under this subchapter, regardless of a deductible amount
						  applicable to the policy. If the policy provides the insurer with a right of
						  reimbursement by the insured for payment of a deductible amount, the policy
						  shall provide that the insurer is liable for payment of the deductible amount.
						  If the policy does not provide the insurer with a right of reimbursement or
						  similar method of recoupment, the insured shall provide additional coverage
						  amounts to meet the requirements of this section by the purchase of excess
						  coverage for the deductible amount.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.373 - Minimum insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
For coverage described under §
													271.372(a)(2) 
							 (relating to conditions of insurance), the following minimum amounts
							 apply:
(1) For coverage which is
						  exclusive of legal defense costs, the minimum amount of coverage for property
						  damage and bodily injury combined is $500,000 per occurrence, with an annual
						  aggregate of $1 million.
(2) For
						  coverage which is inclusive of legal defense costs, the minimum amount of
						  coverage for property damage and bodily injury combined is $500,000 per
						  occurrence, with an annual aggregate of $1 million, which shall be reserved for
						  the payment of claims. The minimum amounts of coverage reserved for the payment
						  of claims may not be reduced for legal defense or claims administration
						  costs.
This section cited in 25 Pa. Code §
															271.371 (relating to insurance
								requirement); 25 Pa. Code §
															271.377 (relating to insurance
								pool); 25 Pa. Code §
															271.379 (relating to combination
								of financial assurance requirements); and 25 Pa. Code §
															271.392 (relating to commercial
								insurance; general requirements-persons other than municipalities and municipal
								authorities).
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.374 - Proof of insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall submit proof of
						  insurance coverage, which at a minimum shall consist of a certificate of
						  liability insurance. The certificate shall:
(1) State the name of the insurance company,
						  the insured operator and the facility covered by the policy.
(2) Identify the kinds of coverage provided
						  by the policy and the amounts of coverage.
(3) Identify the beginning and ending dates
						  for the policy.
(4) Specify that 60
						  days prior written notice shall be given by the insurer to the Department and
						  the operator, by certified mail, before cancellation or termination of the
						  insurance policy becomes effective. The 60-day notice period does not apply for
						  specific reasons for cancellation or termination if a shorter period of notice
						  for cancellation or termination has been authorized by the Insurance
						  Department.
(5) State that the
						  insurance coverage provided by the policy is for the purpose of satisfying the
						  requirements of this subchapter.
(6) State that the insurer is liable for
						  payment on the policy without regard for the bankruptcy or insolvency of the
						  insured.
(7) Be signed by an
						  authorized agent of the insurance company.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.375 - Additional insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may require the operator
						  to obtain and provide proof of coverage for additional liability insurance if
						  one of the following applies:
(1) The permit
						  is renewed, reissued or is subject to a major permit modification.
(2) The Department determines that additional
						  amounts of insurance coverage are required to protect public health or safety,
						  or public welfare or the environment from the risk of injury or damage from the
						  operation of the facility.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.377 - Insurance pool

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant which is a municipality or municipal
							 authority may enter an insurance pool in accordance with
							 42 Pa.C.S. §
														8564(d) (relating to
							 liability insurance and self-insurance) which shall meet with the following
							 requirements:
(1) If the insurance
						  pool is such that the applicant is a co-insured under a master policy issued by
						  a commercial insurer, the master policy shall meet the conditions of
						  §§ 271.371-271.376.
(2)
						  If the insurance pool is such that the applicant is a participant in a trust
						  fund, established to meet the requirements of §
													271.371 (relating to insurance
						  requirement), the trust fund shall be established in accordance with
						  42 Pa.C.S. §
														8564(d) and shall contain
						  terms and conditions so that the coverage provided meets the requirements of
						  §
													271.373 (relating to minimum
						  insurance coverage). §§
													691.5(a),
						  691.304 and
						  691.402) ; and sections 1917-A and
						  1920-A of the act of April 9, 1929 (P. L. 177, No. 175) (71 P. S.
						  §§
														510-17 and
						  510-20).
This section cited in 25 Pa. Code §
															271.371 (relating to insurance
								requirement).
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.378 - Self-insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
						  which is a municipality or municipal authority may self-insure by meeting the
						  requirements of this subsection and subsections (b)-(f). The applicant may
						  appropriate funds to establish a reserve to meet the requirements of §
													271.371 (relating to insurance
						  requirement). Funds so appropriated shall be placed in a special account,
						  separate and distinct from all other funds and accounts, for the sole purpose
						  of paying ordinary public liability claims to third parties for damage arising
						  from the applicant's operation of a municipal waste processing or disposal
						  facility.
(b) An applicant's
						  self-insurance program shall provide procedures the applicant will make
						  available to the public for processing claims filed for property damage and
						  bodily injury. The procedures shall contain, at a minimum, the following:
(1) An initial contact point for claims
						  information or the filing of a claim, located at each of the applicant's
						  self-insured facilities.
(2) A
						  mechanism to provide to a claimant necessary information to pursue the claim,
						  including the information required of a claimant to document proof of
						  loss.
(3) A mechanism for the
						  acknowledgement of notification of a claim, in writing, within a reasonable
						  time.
(4) A reasonable time for
						  investigation of a claim with a referral mechanism to inform a claimant if the
						  investigation cannot be completed within the initial investigation
						  period.
(5) A reasonable time for
						  acceptance or denial of a claim. A denial shall state the specific reasons for
						  the denial.
(6) A mechanism for a
						  claimant to challenge a denial of a claim.
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 › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.379 - Combination of financial assurance requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant may combine the financial assurance
							 requirements of §§
													271.371,
							 271.381 and
							 271.393 (relating to insurance
							 requirement; financial assurances requirements; and commercial insurance;
							 coverage-persons other than municipalities and municipal authorities) by using
							 the forms of financial assurance authorized by §
													271.371(c) and
							 §§
													271.382 and
							 271.391 (relating to forms of
							 financial assurances-municipalities and municipal authorities; and forms of
							 financial assurances-persons other than municipalities and municipal
							 authorities), if appropriate. This section does not relieve the applicant of
							 meeting the minimum insurance requirements of §
													271.373, §
													271.384 or §
													271.393 (relating to minimum
							 insurance coverage; commercial insurance; coverage-municipalities and municipal
							 authorities; and commercial insurance; coverage-persons other than
							 municipalities and municipal authorities).
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 271.382 - Forms of financial assurances-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
A permit applicant that is a municipality or a
							 municipal authority shall satisfy the financial assurances requirement under
							 §
													271.381 (relating to financial
							 assurances requirements) by using one or more of the following forms of
							 financial assurance, either singly or in combination:
(1) 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).
(2) A trust fund, as
						  specified in §§
													271.386 and
						  271.387 (relating to environmental
						  impairment trust funds; general-municipalities and municipal authorities; and
						  trust fund; management-municipalities and municipal authorities).
(3) An insurance pool, as specified in §
													271.388 (relating to insurance
						  pool-municipalities and municipal authorities).
(4) Self-insurance, as specified in §
													271.389 (relating to
						  self-insurance-municipalities and municipal authorities).
This section cited in 25 Pa. Code §
															271.379 (relating to combination
								of financial assurance
								requirements).
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 271.383 - Commercial insurance; general requirements-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Commercial pollution liability insurance policies submitted as proof of
						  financial assurance shall be issued by:
(1) A
						  primary insurer including coinsurers who have a certificate of authority to
						  transact the business of insurance in this Commonwealth.
(2) A registered Pennsylvania resident
						  broker. The insurance may be provided by an excess or surplus lines insurer
						  approved by the Insurance Department or by a risk retention group as defined in
						  the Product Liability Risk Retention Act of 1981 (15 U.S.C.A. §§
															3901-3906), amended by the Liability
						  Risk Retention Act of 1986 (15 U.S.C.A. §§
															3901-3903). The primary insurer may
						  reinsure with secondary insurers/reinsurers who are licensed or authorized to
						  do business in any state of the United States, Canada, West Germany,
						  Switzerland, Great Britain or France.
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 271.384 - Commercial insurance; coverage-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
For coverage described in §
													271.383 (relating to commercial
							 insurance; general requirements-municipalities and municipal authorities), the
							 following minimum amounts apply:
(1)
						  For coverage which is exclusive of legal defense costs, the minimum amount of
						  coverage for property damage and bodily injury combined shall be $500,000 per
						  occurrence, with an annual aggregate of $2 million.
(2) For coverage which is inclusive of legal
						  defense costs, the minimum amount of coverage for property damage and bodily
						  injury combined shall be $500,000 per occurrence, with an annual aggregate of
						  $2 million and shall be reserved for the payment of claims. The minimum amounts
						  of coverage reserved for the payment of claims may not be reduced for legal
						  defense or claims administration costs.
This section cited in 25 Pa. Code §
															271.379 (relating to combination
								of financial assurance requirements); 25 Pa. Code §
															271.381 (relating to financial
								assurances requirements); and 25 Pa. Code §
															271.382 (relating to forms of
								financial assurances-municipalities and municipal
								authorities).
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 271.385 - Commercial insurance; proof of coverage-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall submit proof of insurance coverage which shall consist of an
						  authenticated copy of the insurance policy, including endorsements thereto,
						  evidencing the insurance coverage for the facilities.
(b) The Department will review the
						  authentication copy of the insurance policy submitted by the applicant to
						  determine if the coverage provided satisfies the insurance coverage
						  requirements of this section. The Department may require additional proof, such
						  as additional endorsements to the policy, or statements of intent from the
						  insurer on the scope of coverage, to establish to the Department's satisfaction
						  that the coverage provided is that which is required under this
						  section.
(c) An applicant shall be
						  deemed to be without the required pollution liability coverage in the event of
						  bankruptcy or insolvency of the issuing institution, or the suspension or
						  revocation of the issuing institution's license or authorization to conduct the
						  business of insurance in this Commonwealth, or in the case of risk retention
						  groups, in the state which licensed, chartered or authorized the risk retention
						  group. The applicant shall establish other pollution liability coverage within
						  30 days after receiving notice that its issuing institution is bankrupt,
						  insolvent or its license or authorization to conduct the business of insurance,
						  in this Commonwealth or in the state which licensed, chartered or authorized to
						  conduct the business of insurance, has been suspended or revoked.
This section cited in 25 Pa. Code §
															271.381 (relating to financial
								assurances requirements); and 25 Pa. Code §
															271.382 (relating to forms of
								financial assurances-municipalities and municipal
								authorities).
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 271.386 - Environmental impairment trust funds; general- municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  trust fund may be established by the applicant to provide for payment of
						  third-party claims for bodily injury and property damage resulting from sudden
						  and nonsudden accidental pollution occurrences arising from the operation of
						  municipal waste landfills or resource recovery facilities, to comply with
						  §
													271.381 (relating to financial
						  assurances requirements).
(b) The
						  trust agreement shall be provided by the applicant to the trustee. The wording
						  of the trust agreement shall be in a form prepared and approved by the
						  Department. The applicant is not in compliance with this section until a fully
						  executed original of the trust agreement has been submitted to the Department
						  and the principal amount required by subsection (d) has been placed in the
						  trust fund corpus. The trustee shall advise the Department, in writing, when
						  the principal amount has been placed in the trust fund.
(c) The trust fund established under
						  subsection (a) shall meet the following requirements:
(1) The trust fund shall be established for
						  the express purpose of paying claims to third parties for bodily injury or
						  property damage from sudden or nonsudden accidental pollution occurrences
						  arising from the applicant's operation of a municipal waste landfill or
						  resource recovery facility.
(2) The
						  trustee shall be an entity whose trust activities are examined and regulated by
						  a state or Federal agency.
(3) The
						  trust shall be irrevocable and shall continue until termination at the written
						  agreement of the applicant and the trustee, except that the trust may not be
						  terminated until 120 days after receipt by the Department of written notice to
						  terminate the trust. The written notice shall be sent to the Department by
						  certified mail, return receipt requested.
(4) The trust shall be established as a
						  spendthrift trust and may not be subject to assignment, alienation, pledge,
						  attachment, garnishment, sequestration, other legal process or to the claims of
						  creditors.
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 271.388 - Insurance pool-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant may enter an insurance pool in
							 accordance with
							 42 Pa.C.S. §
														8564(d) (relating to
							 liability insurance and self-insurance) which meets the following
							 requirements:
(1) If the insurance
						  pool is of the type that the applicant is coinsured under a master policy
						  issued by a commercial insurer, the master policy shall meet the requirements
						  of §§
													271.371 and
						  271.372 (relating to insurance
						  requirement; and conditions of insurance).
(2) If the insurance pool is of the type that
						  the applicant is a participant in a trust fund, established to meet the
						  requirements of §
													271.381 (relating to financial
						  assurances requirements), the trust fund shall be established in accordance
						  with
						  42 Pa.C.S. §
														8564(d) and shall contain
						  terms and conditions so that the coverage provided meets the requirements of
						  §
													271.383 (relating to commercial
						  insurance; general requirements-municipalities and municipal
						  authorities).
This section cited in 25 Pa. Code §
															271.382 (relating to forms of
								financial assurances-municipalities and municipal
								authorities).
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 271.389 - Self-insurance-municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant which is a municipality or a
						  municipal authority may self-insure by appropriating funds to establish a
						  reserve to meet the requirements §
													271.381 (relating to financial
						  assurances requirements). Funds so appropriated shall be placed in a special
						  account, separate and distinct from other funds and accounts, for the sole
						  purpose of paying claims to third parties for bodily injury and property damage
						  caused by or relating to pollution occurrences arising from the applicant's
						  operation of a municipal waste landfill or resource recovery
						  facility.
(b) An applicant's
						  self-insurance program shall provide procedures the applicant will make
						  available to the public for processing claims filed for property damage and
						  bodily injury. The procedures shall contain at a minimum the following:
(1) An initial contact point for claims
						  information or the filing of a claim, located at each of the applicant's
						  self-insured facilities.
(2) A
						  mechanism to provide a claimant necessary information to pursue the claim,
						  including the information required of a claimant to document proof of
						  loss.
(3) A mechanism to
						  acknowledge notification of a claim, in writing, within a reasonable
						  time.
(4) A reasonable period of
						  time for investigation of a claim with a referral mechanism to inform a
						  claimant if the investigation cannot be completed within the initial
						  investigation period.
(5) A
						  reasonable period of time for acceptance or denial of a claim. Denial shall
						  state the specific reasons for the denial.
(6) A mechanism for a claimant to challenge a
						  denial of a claim.
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 › OTHER PERSONS › Section 271.391 - Forms of financial assurances-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  permit applicant, other than a municipality or municipal authority or a
						  department or agency of the United States or the Commonwealth, shall satisfy
						  the financial assurances requirement under §
													271.381 (relating to financial
						  assurances requirements) by using one or more of the following forms of
						  financial assurance, either singly or in combination:
(1) Commercial insurance, as specified in
						  §§
														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).
(2) A trust fund, as specified in
						  §§
														271.395 and
						  271.396 (relating to environmental
						  impairment trust funds; general-persons other than municipalities and municipal
						  authorities; and trust fund management-persons other than municipalities and
						  municipal authorities).
(3)
						  Self-insurance, as specified in §
														271.397 (relating to
						  self-insurance-persons other than municipalities and municipal
						  authorities).
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 › OTHER PERSONS › Section 271.392 - Commercial insurance; general requirements-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Commercial pollution liability insurance policies submitted as proof of
						  financial assurance shall be issued by:
(1) A
						  primary insurer including coinsurers who have a certificate of authority to
						  transact the business of insurance in this Commonwealth.
(2) A registered Pennsylvania resident
						  broker. The insurance may be provided by an excess or surplus lines insurer
						  approved by the Insurance Department or by a Risk Retention Group as defined in
						  the Product Liability Risk Retention Act of 1981 (15 U.S.C.A. §§
															3901-3906), as amended by the Liability
						  Risk Retention Act of 1986 (15 U.S.C.A. §§
															3901-3903). The primary insurer may
						  reinsure with secondary insurers-reinsurers-who are licensed or authorized to
						  do business in a state of the United States, Canada, West Germany, Switzerland,
						  Great Britain or France.
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 › OTHER PERSONS › Section 271.393 - Commercial insurance; coverage-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
For coverage described in §
													271.392(d)
							 (relating to commercial insurance; general requirements-persons other than
							 municipalities and municipal authorities), the following minimum amounts
							 apply:
(1) For coverage which is
						  exclusive of legal defense costs, the minimum amount of coverage for property
						  damage and bodily injury combined shall be $500,000 per occurrence, with an
						  annual aggregate of $2 million.
(2)
						  For coverage which is inclusive of legal defense costs, the minimum amount of
						  coverage for property damage and bodily injury combined shall be $500,000 per
						  occurrence, with an annual aggregate of $2 million which shall be reserved for
						  the payment of claims. The minimum amounts of coverage reserved for the payment
						  of claims may not be reduced for legal defense or claims administration
						  costs.
This section cited in 25 Pa. Code §
															271.379 (relating to combination
								of financial assurance requirements); 25 Pa. Code §
															271.381 (relating to financial
								assurances requirements); and 25 Pa. Code §
															271.391 (relating to forms of
								financial assurances-persons other than municipalities and municipal
								authorities).