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 B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 271.141 - Public notice by applicant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  applicant for a new permit, major permit modification, permit renewal or permit
						  reissuance and a person or municipality submitting a closure plan shall publish
						  once a week for 3 consecutive weeks a notice in a newspaper of general
						  circulation in the area where the facility or proposed facility is located. The
						  notice shall meet the following requirements:
(1) Include a brief description of the
						  location and proposed operation or closure of the facility, and indicate where
						  copies of the application or closure plan will be filed. If groundwater
						  degradation exists at closure or occurs after closure, the notice shall include
						  a list of contaminants, abatement measures taken prior to closure, if
						  applicable, proposed remediation measures and proposed remediation standards to
						  be met. If the permittee proposes to utilize the alternative groundwater
						  protection standard, the notice shall include a 30-day public and municipal
						  comment period during which the municipality can request to be involved in the
						  development of the remediation and reuse plans for the site.
(2) State that the host municipality and
						  county may submit comments to the Department within 60 days of receipt of the
						  application or closure plan, recommending conditions upon, revisions to and
						  approval or disapproval of the permit or closure plan, with the specific
						  reasons described in the comments.
(3) State that the Department will accept
						  comments from the public on the permit application or closure plan and state
						  the procedure for submission of comments.
(4) If the applicant proposes a design
						  alternative under §
														271.231 (relating to equivalency
						  review procedure), it shall so state, and briefly describe the alternative
						  design.
(5) If the application is
						  for a new municipal waste landfill, construction/demolition waste landfill,
						  transfer facility or resource recovery facility, or for a major modification of
						  a municipal waste landfill permit, it shall be in the form of a display
						  advertisement.
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 B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 271.142 - Public notice by Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will publish a notice in the
Pennsylvania
						  Bulletin
of the following:
(1)
						  Receipt of an application for a new permit, permit reissuance, permit renewal
						  or major permit modification.
(2)
						  Receipt of a closure plan and if groundwater degradation exists at closure or
						  occurs after closure, the notice shall include a list of contaminants,
						  abatement measures taken prior to closure, if applicable, proposed remediation
						  measures and proposed remediation standards to be met. If the permittee
						  proposes to utilize the alternative groundwater protection standard, the notice
						  shall include a 30-day public and municipal comment period during which the
						  municipality can request to be involved in the development of the remediation
						  and reuse plans for the site.
(3)
						  Final action on an application for a new permit, permit reissuance, permit
						  renewal or major permit modification.
(4) Justification for overriding county or
						  host municipality recommendations regarding an application for a new permit,
						  permit reissuance, permit renewal or major permit modification under section
						  504 of the act (35 P. S. §
															6018.504).
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 B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 271.143 - Public comments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department may conduct public hearings for the purpose of receiving information
						  on an application for a new permit, permit reissuance, permit renewal, major
						  permit modification or closure plan, whenever there is significant public
						  interest or the Department otherwise deems a hearing to be appropriate. At
						  least 30 days prior to conducting a hearing, the Department will publish notice
						  of the hearing in a newspaper of general circulation in the proposed permit
						  area.
(b) If a public hearing is
						  held, a person may testify within the time provided or submit written comments,
						  or both. The Department will consider testimony relevant to the requirements of
						  the act, the environmental protection acts and this title.
(c) After a hearing, the Department will
						  prepare a summary of the written and oral comments submitted at the hearing,
						  the Department's responses to the comments and the reasons therefor. The
						  Department will provide copies of this summary to persons who submitted
						  comments and to other persons who request a copy.
(d) Whether or not the Department holds a
						  public hearing, the Department may conduct an informal meeting, public meeting
						  or series of meetings.
This section cited in 25 Pa. Code §
															271.144 (relating to public notice
								and public hearings for permit modifications); 25 Pa. Code §
															271.341 (relating to release of
								bonds); and 25 Pa. Code §
															271.422 (relating to permit
								suspension or revocation).
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 B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 271.144 - Public notice and public hearings for permit modifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for a permit modification
						  for municipal waste landfills or construction/demolition waste landfills shall
						  be considered an application for a major permit modification under §§
													271.141-271.143 (relating to public notice
						  by applicant; public notice by Department; and public comments) if the
						  application involves the following:
(1)
						  Change in site volume-waste capacity.
(2) Change in the average or maximum daily
						  waste volume.
(3) Change in
						  excavation contours or final contours, including final elevations and slopes,
						  if the change results in increased disposal capacity or impacts the groundwater
						  isolation distance or groundwater quality.
(4) Change in permitted acreage.
(5) Change in the approved groundwater
						  monitoring plan, except for the addition or replacement of wells or
						  parameters.
(6) Change in approved
						  leachate collection and treatment method.
(7) Change in gas monitoring or management
						  plan, or both, except when installation of additional wells or improvements to
						  the collection systems are proposed.
(8) Change in the approved closure
						  plan.
(9) Acceptance for disposal
						  of types of waste not approved in the permit.
(10) Change in ownership, unless the owner is
						  the permittee, in which case permit reissuance is required under §
														271.221 (relating to permit
						  reissuance).
(11) Change in
						  approved design under §
														271.231 (relating to equivalency
						  review procedure) if the design has not been previously approved through an
						  equivalency review.
(12) The
						  submission of an abatement plan.
(13) The disposal of waste in areas that have
						  reached final permitted elevations.
(14) Change in operator, unless the operator
						  is the permittee, in which case permit reissuance is required under §
						  271.221.
(15) Submission of a
						  radiation protection action plan.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 271.202 - Receipt of application and completeness review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After receipt of a permit application,
						  the Department will determine whether the application is administratively
						  complete.
(b) For purposes of this
						  section,"receipt of a permit application" does not occur for an application for
						  a new facility or a permit modification that would result in an increased
						  average or maximum daily waste volume, increased disposal capacity or expansion
						  of the permit area, until the following requirements are met:
(1) The Department, applicant and municipal
						  officials meet to discuss the permit application, the Department's permit
						  application review process and the public involvement steps in that process and
						  to hear and understand the concerns and questions of the municipal officials,
						  as described in the Department's
Local Municipality Involvement Process
						  Policy,
Document Number 254-2100-100. The Department may invite other
						  persons from the local municipalities who have an interest in the
						  application.
(2) An alternative
						  project timeline is established for review of a permit application for a
						  municipal waste landfill, construction/demolition waste landfill or resource
						  recovery facility through negotiation among the Department, applicant and
						  representatives of the host county and host municipality. If the parties are
						  unable to reach agreement, the Department will determine an appropriate
						  timeline, taking into consideration the level of public interest and
						  incorporating into the timeline sufficient opportunity for meaningful public
						  participation. Public notice of a negotiated timeline will be made in the
Pennsylvania Bulletin
as part of the permit application
						  receipt announcement required by §
														271.142 (relating to public notice
						  by Department).
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 271.203 - Review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will issue or deny permit applications for municipal waste
						  landfills, construction/demolition waste landfills, and resource recovery
						  facilities within the time period established in the alternative project
						  timeline developed under §
													271.202 (relating to receipt of
						  application and completeness review).
(b) The time period in subsection (a) does
						  not include a period beginning with the date that the Department in writing has
						  requested the applicant to make substantive corrections or changes to the
						  application and ending with the date that the applicant submits the corrections
						  or changes to the Department's satisfaction.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › GENERAL PERMIT RESTRICTIONS › Section 271.211 - Term of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit
						  will be issued for a fixed term consistent with the approved operation and
						  design plans of the facility, and not to exceed 10 years. An operator may apply
						  for permit renewal prior to the expiration of the permit terms under §
													271.223 (relating to permit
						  renewal).
(b) The Department may
						  grant a longer fixed term if:
(1) The
						  application is complete for the longer fixed term.
(2) The applicant shows that a specified
						  longer term is reasonably needed to allow the applicant to obtain necessary
						  financing for the facility, and this need is confirmed, in writing, by the
						  applicant's source of financing.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › GENERAL PERMIT RESTRICTIONS › Section 271.212 - Conditions of permits

Current through Register Vol. 54, No. 28, July 13, 2024
A permit issued by the Department will, at a minimum,
							 ensure and contain the following conditions:
(1) Except to the extent that the permit
						  states otherwise, the permittee shall conduct solid waste management activities
						  as described in the approved application.
(2) The permittee shall allow authorized
						  representatives of the Commonwealth, without advance notice or a search
						  warrant, upon presentation of appropriate credentials, and without delay, to
						  have access to areas in which operations will be, are being or have been
						  conducted.
(3) The permittee shall
						  affect by solid waste management activities only lands specifically approved in
						  the permit and for which financial assurances have been filed with the
						  Department under Subchapter D (relating to financial assurances
						  requirements).
(4) The permittee
						  shall notify the Department within the time stated in the permit and if no time
						  is stated within 45 days, on a form prepared by the Department, after the
						  transfer has occurred of a controlling interest in the owner or operator, if
						  the transfer does not require a permit modification under §
													271.144 (relating to public notice
						  and public hearings for permit modifications) or a permit reissuance under
						  §
													271.221 (relating to permit
						  reissuance). The notification shall contain the same information relating to
						  the person who obtained the controlling interest as is required of a permit
						  applicant in a permit application under §§
													271.124 and
						  271.125(a)
						  (relating to identification of interests; and compliance information).
						  A"controlling interest" means the possession, direct or indirect, of the power
						  to direct or cause the direction of the management and policies of a person,
						  whether through the ownership of voting securities, by contract or
						  otherwise.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 271.221 - Permit reissuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  transfer, assignment or sale of rights granted under a permit may not be made
						  without obtaining permit reissuance.
(b) An application for permit reissuance
						  shall be made on forms provided by the Department and shall contain the
						  following:
(1) A written statement that the
						  person assumes, upon reissuance of the permit, liability for operation,
						  maintenance, pollution, closure, postclosure maintenance, final cover and other
						  responsibilities under the act, the environmental protection acts, this title
						  and the terms and conditions of the permit from the date of original issuance
						  of the permit.
(2) A detailed
						  explanation of the schedule and procedure for transferring control of the
						  facility to the applicant.
(3) One
						  of the following:
(i) An entirely new
						  application under this article.
(ii) A written statement expressly agreeing
						  to abide by permit conditions, and assuming responsibility for violations which
						  have occurred, or may occur, on the area previously affected. The statement
						  shall include the following:
(A) The identity
						  of the applicant as required in §
																271.124 (relating to
						  identification of interests) and the compliance information required in §
																271.125 (relating to compliance
						  information).
(B) For a municipal
						  waste disposal permit, a property map showing the extent to which disposal has
						  been accomplished under the existing permit.
(C) The name and address of the existing
						  permittee.
(D) Appropriate
						  financial assurances in the amount specified by the Department under Subchapter
						  D (relating to financial assurance requirements).
(E) Proof of public notice as required by
						  §
																271.141 (relating to public notice
						  by applicant).
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 271.222 - Permit modification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  permittee shall file with the Department an application for permit
						  modification:
(1) Prior to making a change in
						  the design or operational plans in the application upon which the permit is
						  issued.
(2) Prior to making a
						  change that would affect the terms or conditions of the existing
						  permit.
(3) Prior to conducting
						  solid waste processing or disposal activities that are not approved in the
						  permit.
(4) If otherwise required
						  by the Department.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 271.223 - Permit renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permittee
						  that plans to dispose of or process municipal waste after the expiration of the
						  term set under §
													271.211 (relating to term of
						  permits) shall file a complete application for permit renewal on forms provided
						  by the Department. The complete application for a processing facility shall be
						  filed at least 270 days before the expiration date of the permit term and for a
						  disposal facility at least 1 year before the expiration date of the permit
						  term. For a processing facility with a permit term that expires on or before
						  September 19, 2001, the application for permit renewal shall be filed at least
						  180 days prior to the expiration date of the permit term. For a disposal
						  facility with a permit term that expires on or before December 23, 2001, the
						  application for permit renewal shall be filed at least 180 days prior to the
						  expiration date of the permit term.
(b) An application for renewal of a municipal
						  waste disposal permit shall include a clear statement of the remaining
						  permitted capacity of the facility, with documentation, in relation to the
						  requested term of the permit renewal.
(c) A permit renewal, if approved by the
						  Department, may only continue the term of the permit on its presently permitted
						  acreage, including the terms and conditions of the permit. An applicant that
						  seeks to add permitted acreage or change the terms or conditions of the permit
						  shall also file an application for a permit modification.
(d) A permit renewal shall be for a term not
						  to exceed the term of the original permit.
This section cited in 25 Pa. Code §
															271.128 (relating to permit
								application fee); 25 Pa. Code §
															271.211 (relating to term of
								permits); and 25 Pa. Code §
															271.504 (relating to operating
								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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › OTHER PERMITTING PROVISIONS › Section 271.231 - Equivalency review procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  approving a permit application under this article, the Department may
						  authorize, in writing, alternatives to the design requirements in this article
						  only if, and only to the extent that, specific sections in this article
						  expressly state that alternatives may be authorized under this
						  section.
(b) A person requesting an
						  alternative under this section shall submit a request to the Department, in
						  writing. The request shall:
(1) Identify the
						  specific regulation for which an equivalency alternative is being
						  sought.
(2) Demonstrate, through
						  supporting technical documentation, justification and quality control
						  procedures, that the requested alternative to the design requirements in a
						  section of the regulations will, for the life of operations at the facility,
						  achieve the performance standards in that section, and will do so in a manner
						  that is equivalent or superior to the design requirements in that
						  section.
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 C - PERMIT REVIEW PROCEDURES AND STANDARDS › OTHER PERMITTING PROVISIONS › Section 271.232 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
															271.903 (relating to operation
								under existing permits and beneficial use
								orders).
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 271.311 - New facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will not approve a new, reissued, renewed or modified permit for the
						  processing or disposal of municipal waste, unless the applicant first submits
						  to the Department a bond under this subchapter, and the bond is approved by the
						  Department.
(b) The bond shall be
						  submitted under 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 under §
													271.331 (relating to bond and
						  trust amount determination).
(c) A
						  municipality operating a municipal waste landfill solely for the disposal of
						  municipal waste, and which receives a permit from the Department under the act
						  after September 26, 1988, shall establish a trust fund under §
													271.328 (relating to trust fund
						  for municipally operated landfills) and this subchapter prior to the operation
						  of the landfill, unless the municipality posts another bond consistent with
						  this subchapter. The landfill may not accept waste or initiate operation prior
						  to the establishment of the trust fund.
(d) A department or agency of the United
						  States or the Commonwealth applying for a permit to operate 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. The facility may not accept waste or initiate operation
						  prior to the approval by the Department of the financial assurances required by
						  this section.
This section cited in 25 Pa. Code §
															271.333 (relating to failure to
								maintain adequate bond).
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 271.313 - Form, terms and conditions of the bond or trust

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will accept the following
						  types of bonds or trusts:
(1) A surety bond
						  as provided in §
														271.321 (relating to special terms
						  and conditions for surety bonds).
(2) A collateral bond as provided in
						  §§ 271.322-271.325.
(3) A
						  combination of surety and collateral bonds as provided in §
														271.327 (relating to
						  surety/collateral combination bond).
(4) For a facility with a permit term of at
						  least 10 years, a phased deposit of collateral bond as provided in §
														271.326 (relating to phased
						  deposit of collateral).
(5) A trust
						  fund as provided in §
														271.328 (relating to trust fund
						  for municipally operated landfills), for a municipal waste landfill operated by
						  a municipality solely for the disposal of municipal waste.
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 271.314 - Duration of liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  liability under a bond filed with the Department under this subchapter shall
						  continue for the period of operations of the facility, and for 10 years after
						  final closure certification of the facility under §
													271.342 (relating to final closure
						  certification), unless released in whole or in part by the Department, in
						  writing, prior thereto as provided by §
													271.341 (relating to release of
						  bonds).
(b) The liability under a
						  trust fund under this subchapter shall continue for the period of operations of
						  the facility, until final closure certification under §
													271.342, unless released in whole
						  or in part by the Department, in writing, prior thereto as provided by §
													271.341.
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-TYPES › Section 271.321 - Special terms and conditions for surety bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will not accept the bond
						  of a surety company that has failed or unreasonably delayed, as determined by
						  the Department, in making payment on a forfeited surety bond.
(b) The Department will accept only the bond
						  of a surety licensed or authorized to do business in this Commonwealth. In
						  addition, for facilities permitted after December 23, 2000, the Department will
						  accept only the bond of a surety which is listed in Circular 570 of the United
						  States Department of Treasury. If a surety is removed from Circular 570 or is
						  no longer authorized to do business in this Commonwealth, the bond of the
						  surety shall be replaced.
(c) The
						  bond shall provide that full payment shall be made under the bond within 30
						  days of receipt of the Department's declaration of forfeiture notwithstanding
						  judicial or administrative appeal of the forfeiture.
(d) The surety may cancel the bond by sending
						  written notice of cancellation to the Department, the operator and the
						  principal on the bond, only under the following conditions:
(1) The notice of cancellation shall be sent
						  by certified mail, return receipt requested. Cancellation may not take effect
						  until 120 days after receipt of the notice of cancellation by the Department,
						  the operator and the principal on the bond as evidenced by return
						  receipts.
(2) Within 60 days after
						  receipt of a notice of cancellation, the operator shall provide the Department
						  with a replacement bond under §
														271.361 (relating to replacement
						  of existing bond). If the operator fails to submit a replacement bond
						  acceptable to the Department within the 60-day period, the Department will
						  issue a notice of violation to the operator requiring that the bond be replaced
						  within 30 days of the notice of violation. If the bond is not replaced within
						  that 30-day period, the Department may issue a cessation order for the permits
						  of the operator and related parties, and thereafter take action as may be
						  appropriate.
(3) Failure of the
						  operator to submit a replacement bond within 30 days after the notice of
						  violation constitutes grounds for forfeiture of the bond, and other bonds
						  submitted by the operator, under §
														271.351 (relating to forfeiture
						  determination). If the Department declares the bond forfeited before the
						  expiration of the 120-day period, the notice of cancellation is void.
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-TYPES › Section 271.322 - General terms and conditions for collateral bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall execute the collateral
						  bond.
(b) The operator shall submit
						  a collateral bond with one or more of the following types of collateral
						  acceptable to the Department:
(1)
						  Cash.
(2) Certified checks,
						  cashier's checks or treasurer's checks which are issued, drawn on or certified
						  by a state-chartered or National financial institution chartered or authorized
						  to conduct the business of banking in the United States and which are examined
						  by a State or Federal agency.
(3)
						  Automatically renewable and assignable certificates of deposit from
						  state-chartered or National financial institutions chartered or authorized to
						  conduct the business of banking in the United States and which are examined by
						  a state or Federal agency.
(4)
						  Automatically renewable, irrevocable standby letters of credit from
						  state-chartered or National financial institutions chartered or authorized to
						  conduct the business of banking in the United States and which are examined by
						  a state or Federal agency.
(5)
						  Negotiable bonds of the United States Government, the Commonwealth, the
						  Turnpike Commission, the General State Authority, the State Public School
						  Building Authority or a municipality within this
						  Commonwealth.
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-TYPES › Section 271.325 - Collateral bonds-negotiable bonds

Current through Register Vol. 54, No. 28, July 13, 2024
Negotiable bonds submitted and pledged as collateral
							 for collateral bonds are subject to the following conditions:
(1) The Department may determine the current
						  market value of governmental securities for the purpose of establishing the
						  value of the securities for bond deposit.
(2) The current market value shall be at
						  least equal to the amount of the required bond.
(3) The Department may periodically revalue
						  the securities and will require additional amounts if the then current market
						  value is insufficient to satisfy the bond amount requirements for the
						  facility.
(4) The Department will
						  not accept government securities unless they are rated at least "A" by Standard
						  and Poor's or "A" by Moody's.
(5)
						  The operator may request and receive the interest accruing on governmental
						  securities held by the Department as the interest becomes due and payable. The
						  operator is not entitled to interest accruing on the securities after
						  forfeiture is declared by the Department, unless the forfeiture declaration is
						  ruled invalid by a court having jurisdiction over the Department and the ruling
						  is final. The Department has the authority to receive interest accruing after
						  declaration of forfeiture and during any period of appeal and hold the interest
						  pending final determination of the Department's declaration of
						  forfeiture.
(6) When negotiable
						  bonds mature or are called, the State Treasurer, at the request of the
						  permittee and upon Department approval, shall convert the negotiable bonds into
						  other negotiable bonds of the classes specified in this subchapter, as
						  designated by the permittee.
This section cited in 25 Pa. Code §
															271.313 (relating to form, terms
								and conditions of the bond or trust); and 25 Pa. Code §
															284.641 (relating to bond
								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 › BOND AND TRUST REQUIREMENTS-TYPES › Section 271.326 - Phased deposit of collateral

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  the Department determines, based upon the approved facility operation plan,
						  that the facility will be accepting municipal waste for a period of at least 10
						  years from the date of permit issuance or the commencement of acceptance of
						  municipal waste, whichever is later, prior to closure of the facility, a person
						  or municipality may post a collateral bond according to the following
						  requirements:
(1) The operator shall submit a
						  collateral bond to the Department, accompanied by sufficient collateral
						  required in this subchapter, and a schedule for deposit of the remaining
						  required collateral.
(2) The
						  operator shall deposit with the Department $10,000 or 25% of the total amount
						  of bond determined in this subchapter, whichever is greater, in approved
						  collateral prior to issuance of the permit.
(3) The operator shall submit a schedule
						  agreeing to deposit 10% of the remaining amount of bond in approved collateral
						  in each of the next 10 years, or in proportions so that final payment is made
						  by the date required by the Department. The entire bond amount shall be
						  submitted by the operator no later than the actual or expected closure of the
						  facility. Annual payments shall become due on the anniversary date of the
						  issuance of the permit, unless otherwise established by the Department.
						  Payments shall be accompanied by appropriate bond documents required by the
						  Department.
(4) Failure or refusal
						  to make annual payments on or before the due date is grounds for forfeiture of
						  the bond.
(5) The Department may
						  require additional bonding if the Department determines that a higher bond
						  amount is necessary. The increase in the total bond amount required shall
						  proportionately increase the remaining annual payments. The operator shall
						  submit a new schedule, and the increased portions of payments already made,
						  within 30 days of notice by the Department of the increase in the total bond
						  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 › BOND AND TRUST REQUIREMENTS-TYPES › Section 271.327 - Surety/collateral combination bond

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may accept a bond which is comprised
							 of surety and collateral bond instruments otherwise allowed by this subchapter.
							 The instruments shall be construed as part of the entire bond for the facility.
							 The Department may refuse to accept the bond if it determines that the
							 financial guarantee of the bond is unacceptable, or for another reason does not
							 meet the purposes of the act, this article or orders of the
							 Department.
This section cited in 25 Pa. Code §
															271.313 (relating to form, terms
								and conditions of the bond or
								trust).
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-AMOUNT › Section 271.331 - Bond and trust amount determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The total corpus amount of the trust
						  established for a municipally operated landfill under this subchapter shall be
						  calculated in the same manner as a bond under this subchapter. A person or
						  municipality shall calculate the proposed amount of total bond liability or the
						  total corpus amount of the trust established for a municipality operated
						  landfill based upon the total estimated cost to the Commonwealth for the
						  following:
(1) To complete final closure of
						  the facility under the act, the environmental protection acts, this title, the
						  terms and conditions of the permit and orders issued by the
						  Department.
(2) To take measures
						  necessary to prevent adverse effects upon public health and safety, public
						  welfare and the environment, during operation and after closure, until released
						  as provided by 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-AMOUNT › Section 271.332 - Bond and trust amount adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall submit bond documents
						  required by the Department to increase the total bond liability, and deposit
						  additional bond amounts, upon demand by the Department under §
													271.333 (relating to failure to
						  maintain adequate bond), or if additional bond amounts are required under this
						  chapter, including §§
													271.326 and
						  271.331 (relating to phased
						  deposit of collateral; and bond and trust amount determination).
(b) The Department will require an operator
						  to deposit additional bond or trust corpus amounts when the existing bond or
						  trust corpus does not meet the requirements of this subchapter, including, but
						  not limited to, the following:
(1)
						  Inflationary cost factors have resulted in a new cost estimate which exceeds
						  the estimate used for the original bond amount determination.
(2) The permit is to be renewed or reissued,
						  or is subject to a major permit modification or the bond on deposit is to be
						  replaced.
(3) The Department
						  otherwise determines that the existing total bond liability amount does not
						  meet the purposes of the act, the environmental protection acts, this title,
						  the permit or orders of the Department.
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-AMOUNT › Section 271.333 - Failure to maintain adequate bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall maintain a bond in an
						  amount and with sufficient guarantees as provided by this subchapter.
(b) If a permittee fails to post additional
						  bond within 90 days after receipt of a demand by the Department for additional
						  bond amounts under this subchapter or fails to make timely deposits of bond
						  under the schedule submitted under §
													271.326 (relating to phased
						  deposit of collateral), the Department will take appropriate enforcement
						  action, including issuing of a notice of violation to the operator. If the
						  operator fails to deposit the required bond amount within 15 days of a notice
						  of violation, the Department will issue a cessation order for the municipal
						  waste processing and disposal activities conducted by the operator. The
						  Department may take additional actions that are appropriate, including
						  suspending or revoking permits and assessment of civil penalties.
(c) Failure of the operator to maintain
						  adequate bond under this chapter constitutes grounds for forfeiture of the
						  existing bonds filed with the Department. Monies collected on bonds forfeited
						  under this section shall be deposited with the Treasurer of the Commonwealth,
						  who shall hold the same in the name of the Commonwealth until the Department
						  determines that the bonds would otherwise be released under §
													271.341 (relating to release of
						  bonds), or that there are other grounds for forfeiture under §
													271.351 (relating to forfeiture
						  determination).
(1) If the bonds are
						  releasable, the moneys may be returned to the surety, banking institution or
						  operator, as appropriate, in a manner and under conditions determined by the
						  Department.
(2) If there are other
						  grounds for forfeiture, the Department will deposit the collected monies into
						  the Solid Waste Abatement Fund for the purposes specified in §
														271.352 (relating to forfeiture
						  procedures).
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 271.341 - Release of bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator
						  seeking a termination of a trust for a municipally operated landfill
						  established under §
													271.301(c)
						  (relating to scope) or release of a bond previously submitted to the Department
						  shall file a written request with the Department for termination of the trust
						  or for release of all or part of the bond amount posted for the facility as
						  part of a request for bond or trust adjustment under §
													271.332 (relating to bond and
						  trust amount adjustments), or after certification of closure of the facility.
						  Requests for trust termination or for withdrawals from trusts for municipally
						  operated landfills established under §
													271.301(c) shall
						  comply with the requirements of §
													271.343 (relating to withdrawals
						  from municipal trust).
(b) The
						  application for a bond release shall contain the following:
(1) The name of the operator and
						  identification of the facility for which the bond release is sought.
(2) The total amount of bond in effect for
						  the facility and the amount for which release is sought.
(3) A detailed explanation of why the bond
						  release is requested, including, but not limited to, completion of a measure
						  carried out in preparation for closure as defined in the closure plan or
						  otherwise discernible upon inspection of the facility, closure of the facility,
						  completion of postclosure measures, abatement measures taken and amendments to
						  the permit or changes in the facts or assumptions made during the bond amount
						  determination which demonstrate and would authorize a release of part or all of
						  the bond deposited for the facility.
(4) A revised cost estimate for closure and
						  postclosure care under §
														271.331 (relating to bond and
						  trust amount determination).