reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POSTCLOSURE › Section 265a.120 - Certification of completion of postclosure care

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall satisfy §
												265a.166 (relating to closure and
						  postclosure certification) instead of the reference to §
												265a.145(h)
						  (relating to financial assurance for postclosure care).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.141 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the terms defined in
						  40 CFR
						  265.141 (relating to definitions of terms as
						  used in this subpart) which are incorporated by reference, the definitions in
						  section 103 of the act (35 P. S. §
													6018.103) and Chapter 260a (relating to
						  definitions and requests for determination) apply to this subchapter. The
						  following words and terms, when used in this subchapter, have the following
						  meanings, unless the context clearly indicates otherwise:
Applicant
-An owner or operator of a
						  hazardous waste treatment, storage or disposal facility which is attempting to
						  demonstrate the capability to self-insure all or part of its liabilities to
						  third persons for personal injury and property damage from sudden or nonsudden
						  pollution occurrences, or both.
Collateral bond
-A penal bond agreement
						  in a sum certain, payable to the Department, executed by the facility owner or
						  operator and which is supported by the deposit with the Department of cash,
						  negotiable bonds of the United States, the Commonwealth, the Turnpike
						  Commission, the General State Authority, the State Public School Building
						  Authority, or a Commonwealth municipality, Pennsylvania Bank Certificates of
						  Deposit, or irrevocable letters of credit of a bank organized or authorized to
						  transact business in the United States.
Final closure
-Successful completion of
						  requirements for closure and postclosure care as required by 40 CFR Part 265 ,
						  Subpart G (relating to closure and postclosure).
Financial institutions
-Banks and other
						  similar establishments organized or authorized to transact business in this
						  Commonwealth or the United States, and insurance companies or associations
						  licensed and authorized to transact business in this Commonwealth or designated
						  by the Insurance Commissioner as an eligible surplus lines insurer.
Surety bond
-A penal bond agreement in
						  a sum certain, payable to the Department, executed by the facility owner or
						  operator, and which is supported by the guarantee of payment on the bond by a
						  corporation licensed to do business as a surety in this Commonwealth.
Surety company
-A corporation licensed
						  to do business as a surety in this Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.143 - Financial assurance for closure

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 265.143 (relating to financial assurance
						  for closure) is not incorporated by reference except for
						  40 CFR
						  265.143(e) as referenced in
						  §
												265a.156 (relating to special
						  terms and conditions for collateral bonds and bonds pledging a financial test
						  or corporate guarantee for closure).
The provisions of this §
														265a.143 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.145 - Financial assurance for postclosure care

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 265.145 (relating to financial assurance
						  for postclosure care) is not incorporated by reference except for
						  40 CFR
						  265.145(e) as referenced in
						  §
												265a.156 (relating to special
						  terms and conditions for collateral bonds and bonds pledging a financial test
						  or corporate guarantee for closure).
The provisions of this §
														265a.145 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
This section cited in 25 Pa. Code §
														265a.120 (relating to
							 certification of completion of postclosure
							 care).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.147 - Liability requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The substitution of terms as specified in §
												260a.3(a)(5)
						  (relating to terminology and citations related to Federal regulations) does not
						  apply to 40 CFR
						  265.147(g)(2) and (i)(4)
						  (relating to liability requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.148 - Incapacity of owners or operators, guarantors or financial institutions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, an owner or operator or guarantor of a corporate guarantee shall
						  also notify the Department by certified mail in accordance with the provisions
						  applicable to notifying the regional administrator of the
						  EPA.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.149 - Use of State-required mechanisms

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  40 CFR
						  265.149 (relating to use of state-required
						  mechanisms) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.150 - State assumption of responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  40 CFR
						  265.150 (relating to State assumption of
						  responsibility) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.153 - Requirement to file a bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Hazardous waste storage, treatment and disposal facilities permitted under the
						act, or being treated as having a permit under the act, shall file a bond in
						accordance with this subchapter and in the amount determined by §
												265a.160 (relating to bond amount
						determination), payable to the Department.
(b) The Department will not issue a new,
						revised, amended, modified or renewed permit for the storage, treatment or
						disposal of hazardous waste unless the applicant files with the Department a
						bond under this subchapter, payable to the Department, on a form prepared and
						provided by the Department, and the bond is approved by the
						Department.
(c) An applicant for a
						new, revised, amended, modified or renewed permit may not disturb surface
						acreage, start construction of facilities for the storage, treatment or
						disposal of hazardous waste, or accept hazardous waste prior to receipt from
						the Department of approval of bond and issuance of a permit to conduct a
						hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or
						disposal facility permitted or treated as issued a permit, shall cease
						accepting hazardous waste unless the owner or operator has submitted a bond
						under this subchapter. The Department will review and determine whether or not
						to approve the bond within 1 year of the submittal. If, on review, the
						Department determines the owner or operator has submitted an insufficient bond
						amount, the Department will require the owner or operator to deposit additional
						bond amounts under §
												265a.162 (relating to bond amount
						adjustments).
The provisions of this §
														265a.153 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.154 - Form, terms and conditions of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department accepts the following
						types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A bond pledging a financial test or
						corporate guarantee.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.155 - Special terms and conditions for surety bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department does not accept the bond
						of a surety company that failed or unduly delayed in making payment on a
						forfeited surety bond.
(b) The
						Department accepts only the bond of a surety authorized to do business in this
						Commonwealth and which is listed in Circular 570 of the United States
						Department of Treasury.
(c) The
						surety may cancel the bond by sending written notice of cancellation by
						certified mail to the owner or operator and the Department. Cancellation may
						not take effect until 120 days after receipt of the notice of cancellation by
						the principal and the Department, as evidenced by the return receipts. Within
						60 days after receipt of the notice of cancellation, the owner or operator
						shall provide the Department with a replacement bond under §
												265a.158 (relating to replacement
						of bond). Failure of the owner or operator to provide a replacement bond within
						the 60-day period constitutes grounds for forfeiture of the existing bond under
						§
												265a.168 (relating to bond
						forfeiture).
(d) The Department
						does not accept surety bonds from a surety company for an owner or operator, on
						all facilities owned or operated by the owner or operator, in excess of the
						company's single risk limit as provided by The Insurance Company Law of 1921
						(40
						P. S. §§
													341-991), unless the
						surety has complied with the provisions of The Insurance Company Act of 1921
						(40
						P. S. §§
													1-297.4) for accepting
						risk above its single risk limit.
(e) The bond shall provide that full payment
						will be made on the bond within 30 days of receipt of a notice of forfeiture by
						the surety notwithstanding judicial or administrative appeal of the forfeiture
						and that the amount is confessed to judgment upon forfeiture.
(f) The bond shall provide that the surety
						and the owner or operator are joint and severally liable for payment of the
						bond amount.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.156 - Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department obtains possession and keeps custody of collateral deposited by the
						owner or operator until authorized for release or replacement as provided in
						this subchapter.
(b) The Department
						values governmental securities for both current market value and face value.
						For the purpose of establishing the value of the securities for bond deposit,
						the Department uses the lesser of current market value or face value.
						Government securities shall be rated at least BBB by Standard and Poor's or Baa
						by Moody's.
(c) Collateral bonds
						pledging Pennsylvania bank certificates of deposit are subject to the following
						conditions:
(1) The Department requires that
						certificates of deposit be assigned to the Department, in writing, and the
						assignment recorded upon the books of the issuing institution.
(2) The Department may accept an individual
						certificate of deposit for the maximum insurable amount as determined by the
						Federal Deposit Insurance Corporation (FDIC) and which is otherwise secured
						under Pennsylvania law.
(3) The
						Department requires the issuing institution to waive all rights of setoff or
						liens which it has or might have against the certificates.
(4) The Department only accepts
						automatically-renewable certificates of deposit.
(5) The Department requires that the
						certificates of deposit be assigned to the Department to assure that the
						Department can liquidate the certificates prior to maturity, upon forfeiture,
						for the amount of the bond determined under this subchapter.
(6) The Department only accepts certificates
						of deposit only from banks or banking institutions licensed, chartered or
						otherwise authorized to do business in the United States.
(7) The Department does not accept
						certificates of deposit from banks that failed or delayed to make payment on
						defaulted certificates of deposit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.157 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.158 - Replacement of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may allow owners or operators to replace existing surety or
						collateral bonds with other surety or collateral bonds if the liability accrued
						against the owner or operator of the hazardous waste storage, treatment or
						disposal facility is transferred to the replacement bonds. The bond amount for
						the replacement bond as determined under this chapter, may not be less than the
						amount on deposit with the Department.
(b) The Department will not release existing
						bonds until the owner or operator submits and the Department has approved
						acceptable replacement bonds. A replacement of bonds under this section may not
						constitute a release of bond under this subchapter.
(c) Within 60 days of approval of acceptable
						replacement bonds, the Department will take appropriate action to initiate the
						release of existing surety or collateral bonds being replaced by the owner or
						operator.
This section cited in 25 Pa. Code §
														265a.155 (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 VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.159 - Reissuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Before a permit is reissued to a new owner or operator,
						  the new owner or operator shall post a new bond in an appropriate amount
						  determined by the Department under this subchapter but in no case less than the
						  amount of bond on deposit with the Department, in the new owner's or operator's
						  name, assuming all accrued liability for the hazardous waste storage, treatment
						  or disposal facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.160 - Bond amount determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department determines bond amount requirements for each hazardous waste
						storage, treatment and disposal facility based upon the total estimated cost to
						the Commonwealth to complete final closure of the facility. This is done in
						accordance with the requirements of applicable statutes, this article, the
						terms and conditions of the permit and orders issued thereunder by the
						Department and to take measures that are necessary to prevent adverse effects
						upon the environment during the life of the facility and after closure until
						released as provided by this subchapter.
(b) This amount is based on the owner's or
						operator's written estimate submitted under
						40 CFR
						265.142 and
						265.144 (relating to cost estimate
						for closure; and cost estimate for post-closure care).
This section cited in 25 Pa. Code §
														265a.153 (relating to requirement
							 to file a bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.162 - Bond amount adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall deposit additional amounts
						  of bond within 60 days of any of the following:
(1) The permit is amended to increase
						acreage, to change the kind of waste handled or for another reason that
						requires an additional amount of bond determined under
						40 CFR
						265.142 and
						265.144 (relating to cost estimate
						for closure; and cost estimate for postclosure care).
(2) Inflationary cost factors exceed the
						estimate used for the original bond amount determination under
						40 CFR
						265.142 and
						265.144.
(3) The permit is to be renewed or reissued,
						or the bond on deposit is to be replaced, requiring an additional amount of
						bond determined under 40 CFR
						265.142 and
						265.144.
(4) An additional amount of bond is required
						as determined by 40 CFR
						265.142 and
						265.144 to meet the requirements
						of applicable statutes, this subchapter and the terms and conditions of the
						permit or orders of the Department.
This section cited in 25 Pa. Code §
														265a.153 (relating to requirement
							 to file a bond); 25 Pa. Code §
														265a.163 (relating to failure to
							 maintain adequate bond); 25 Pa. Code §
														265a.164 (relating to separate
							 bond for a portion of a facility); and 25 Pa. Code §
														265a.165 (relating to bond
							 release).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.163 - Failure to maintain adequate bond

Current through Register Vol. 54, No. 28, July 13, 2024
If an owner or operator fails to post additional bond
						  within 60 days after receipt of a written request by the Department for
						  additional bond amounts under §
												265a.162 (relating to bond amount
						  adjustments), the Department will issue a notice of violation to the owner or
						  operator, and if the owner or operator fails to deposit the required bond
						  amount within 15 days of the notice, the Department will issue a cessation
						  order for all of the hazardous waste storage, treatment and disposal facilities
						  operated by the owner or operator and take additional actions that may be
						  appropriate, including suspending or revoking permits.
The provisions of this §
														265a.163 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.164 - Separate bonding for a portion of a facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may require a separate
						bond to be posted for a part of a hazardous waste storage, treatment or
						disposal facility if that part of the facility can be separated and identified
						from the remainder of the facility and the bond liability for that part will
						continue beyond the time provided for the remainder of the facility, or the
						Department determines that separate bonding of the facility is necessary to
						administer and apply applicable statutes, this article, the terms and
						conditions of the permit or orders of the Department.
(b) If the Department requires a separate
						bond for part of a facility, the original bond amount for the facility may be
						adjusted under §
												265a.162 (relating to bond amount
						adjustments).
This section cited in 25 Pa. Code §
														265a.166 (relating to closure and
							 postclosure certification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.165 - Bond release

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
						or operator may file a written application with the Department requesting
						release of all or part of the bond amount posted for a hazardous waste storage,
						treatment or disposal facility. The bond release may be requested during the
						operation of the facility as part of a request for bond adjustment under §
												265a.162 (relating to bond amount
						adjustments); upon completion of closure for a storage or treatment facility
						and upon expiration of the postclosure care period of liability, for a disposal
						facility as specified in 40 CFR Part 265 , Subpart G (relating to closure and
						postclosure care).
(b) The
						application for bond release shall contain the following:
(1) The name of the owner or operator and
						shall identify the hazardous waste storage, treatment or disposal facility for
						which bond release is sought.
(2)
						The total amount of bond in effect for the facility and the amount for which
						release is sought.
(3) The reasons
						why, in specific detail, bond release is requested, including, but not limited
						to, the closure, postclosure care and abatement measures taken, the permit
						amendments authorized or the change in 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) Provide a revised cost estimate for
						closure and postclosure care in accordance with
						40 CFR
						265.142 and
						265.144 (relating to cost estimate
						for closure; and post-closure care).
(5) Closure or postclosure certification for
						full bond release requests.
(6)
						Provide other information as may be required by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.167 - Public notice and comment

Current through Register Vol. 54, No. 28, July 13, 2024
The original bond amount determination, a decision by
						  the Department to release bond, a request to reduce bond amount after permit
						  issuance and a request for closure or postclosure certification shall be, for
						  the purpose of providing public notice and comment, considered a permit
						  modification and shall be subject to the public notice and comment requirements
						  for Class 3 permit modifications.
This section cited in 25 Pa. Code §
														265a.115 (relating to
							 certification of closure); and 25 Pa. Code §
														265a.120 (relating to
							 certification of completion of postclosure
							 care).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.168 - Bond forfeiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will forfeit the bond for a hazardous waste storage, treatment or
						disposal facility when it determines that any of the following occur:
(1) The owner or operator fails and continues
						to fail to conduct the hazardous waste storage, treatment or disposal
						activities in accordance with this article, the act, the statutes in section
						505(a) of the act (35 P. S. §
														6018.505(a)), the terms and
						conditions of the permit or orders of the Department.
(2) The owner or operator abandons the
						facility without providing closure or postclosure care, or otherwise fails to
						properly close the facility in accordance with this article, the act, the
						statutes in section 505(a) of the act, the terms and conditions of the permit
						or orders of the Department.
(3)
						The owner or operator fails, and continues to fail to take those measures
						determined necessary by the Department to prevent effects upon the environment
						before, during and after closure and postclosure care.
(4) The owner or operator or financial
						institution becomes insolvent, fails in business, is adjudicated bankrupt, a
						delinquency proceeding is initiated under Article V of The Insurance Department
						Act of 1921 (40 P. S. §§
														221.1-221.63), files a petition in
						bankruptcy, in liquidation, for dissolution or for a receiver, or has a
						receiver appointed by the court, or had action initiated to suspend, revoke or
						refuse to renew the license or certificate of authority of the financial
						institution, or a creditor of the owner or operator attaches or executes a
						judgment against the owner's or operator's equipment, materials or facilities
						at the permit area or on the collateral pledged to the Department; and the
						owner or operator or financial institution cannot demonstrate or prove the
						ability to continue to operate in compliance with this article, the act, the
						statutes in section 505(a) of the act, the terms and conditions of the permit
						and orders of the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.169 - 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 Clean Streams Law
						  (35
						  P. S. §§
													691.1-691.1001), the
						  Surface Mining Conservation and Reclamation Act (52 P. S. §§
													1396.1-1396.19c), the Air Pollution Control
						  Act (35 P. S. §§
													4001-4015), the Dam Safety and Encroachments
						  Act (32 P. S. §§
													693.1-693.27), this article, the terms and
						  conditions of permits and orders of the Department, are expressly preserved.
						  Nothing in this chapter may be construed as an exclusive penalty or remedy for
						  the violations. An action taken under this subchapter may not waive or impair
						  another remedy or penalty provided in law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 265a.173 - Management of containers

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) For indoor storage of
						reactive or ignitable hazardous waste, the container height width and depth of
						a group of containers shall provide a configuration and aisle spacing which
						insures safe management and access for purposes of inspection, containment and
						remedial action with emergency vehicles.
(2) For outdoor storage of reactive or
						ignitable hazardous waste, the container height, width and depth of a group of
						containers shall provide a configuration and aisle spacing which insures safe
						management and access for purposes of inspection, containment and remedial
						action with emergency vehicles.
(3)
						For indoor or outdoor storage of nonreactive or nonignitable hazardous waste,
						the container height, width and depth of a group of containers shall provide a
						configuration and aisle spacing which insures safe management and access for
						purposes of inspection, containment and remedial action with emergency
						vehicles.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 265a.175 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 265a.179 - Containment

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.175 (relating to containment) is
						  incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 265a.191 - Assessment of existing tank system's integrity

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, by January 17, 1994, an owner or operator of tanks or tank systems
						  shall obtain and keep on file at the facility a written assessment of the tank
						  or tank system's integrity in accordance with the provisions of
						  40 CFR
						  265.191 (relating to assessment of existing
						  tank system's integrity).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 265a.193 - Containment and detection of releases

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, owners or operators of existing tank systems shall comply with
						  40 CFR
						  265.193 (relating to containment and
						  detection of releases) by January 16, 1995, except that owners and operators of
						  existing tank systems for which the age cannot be documented, shall comply with
						  40 CFR
						  265.193 by January 16,
						  1996.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 265a.194 - General operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, tanks shall be labeled to accurately identify their
						  contents.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 265a.195 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter P - THERMAL TREATMENT › Section 265a.382 - Open burning; waste explosives

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, the open burning of waste explosives as specified in
						  40 CFR
						  265.382 (relating to open burning; waste
						  explosives) is not permitted in air basins as defined in §
												121.1 (relating to
						  definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266a - MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subchapter C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL › Section 266a.20 - Incorporation by reference and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Except as expressly provided in this chapter, 40 CFR
						  Part 266 and its appendices (relating to standards for the management of
						  specific hazardous wastes; and specific types of hazardous waste management
						  facilities) are incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266a - MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subchapter E - Reserved › Section 266a.40-266a.44 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266a - MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subchapter F - RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY › Section 266a.70 - Applicability and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) A transporter
						transporting recyclable materials utilized for precious metal recovery in
						accordance with 40 CFR Part 266 , Subpart F (relating to recyclable materials
						utilized for precious metal recovery) is deemed to have a license for the
						transportation of those materials if the transporter complies with:
(i) The EPA identification number
						requirements of 40 CFR
						263.11 (relating to EPA identification
						number).
(ii) The hazardous waste
						transporter fee requirements of §
													263a.23 (relating to hazardous
						waste transportation fee).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266a - MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subchapter G - SPENT LEAD-ACID BATTERIES BEING RECLAIMED › Section 266a.80 - Applicability and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the requirements incorporated by reference, the owner or operator
						of a facility treating spent, lead-acid batteries prior to the reclamation of
						spent lead-acid batteries is subject to the requirements of §
												261a.6(c)
						(relating to requirements for recyclable materials) unless the owner or
						operator is eligible for a permit by rule for the treatment of the batteries
						under §
												270a.60(b)(3)
						(relating to permits by rule).
(b)
						Sections 264a.82,
						265a.82 and
						270a.3 (relating to administration
						fees; and payment of fees) § 270a.3, do not apply to a facility that
						stores spent batteries before reclaiming them.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266a - MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subchapter H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES › Section 266a.100 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The reference to "Part 279 of this chapter" in
						  40 CFR
						  266.100(b)(1) (relating to
						  applicability) is replaced with Chapter 298 (relating to management of waste
						  oil).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter A - GENERAL › Section 266b.1 - Incorporation by reference and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as expressly provided in this
						chapter, 40 CFR Part 273 (relating to standards for universal waste management)
						is incorporated by reference.
(b)
						In addition to the requirements incorporated by reference in
						40 CFR
						273.1 (relating to scope), oil-based finishes
						as defined in §
												266b.3 (relating to definitions)
						are included as waste listed in the definition of "universal waste."
(c) In addition to the requirements
						incorporated by reference in 40 CFR 273.1, photographic
						solutions as defined in §
												266b.3 are included as waste
						listed in the definition of "universal waste."
The provisions of this §
														266b.1 amended under sections 105,
							 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
This section cited in 25 Pa. Code §
														270a.1 (relating to incorporation
							 by reference, scope and
							 applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter A - GENERAL › Section 266b.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions incorporated by
						  reference in 40 CFR
						  273.9 (relating to definitions), the
						  following words and terms, when used in this chapter, have the following
						  meanings, unless the context clearly indicates otherwise:
Oil-based finishes
-
(i) Any paint or other finish that may
						exhibit, or is known to exhibit, a hazardous waste characteristic as specified
						in 40 CFR Part 261 , Subpart C (relating to characteristics of hazardous
						waste), or which contains a listed hazardous waste as specified in 40 CFR Part
						261 Subpart D (relating to lists of hazardous wastes), and is in original
						packaging, or otherwise appropriately contained and clearly labeled.
(ii) Examples of oil-based finishes include,
						but are not limited to, oil-based paints, lacquers, stains and aerosol paint
						cans.
Photographic solutions
-Silver-bearing
						  waste streams resulting from photographic processing solutions or rinse
						  water.
The provisions of this §
														266b.3 amended under sections 105,
							 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
This section cited in 25 Pa. Code §
														261a.9 (relating to requirements
							 for universal waste); 25 Pa. Code §
														266b.1 (relating to incorporation
							 by reference and scope); and 25 Pa. Code §
														266b.2 (relating to
							 applicability-mercury-containing
							 devices).