Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 271.376 - Maintenance of insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall maintain insurance
						  policy coverage in full force continuously during operation of the municipal
						  waste processing or disposal facility until final closure
						  certification.
(b) The operator
						  shall submit proof of insurance under §
													271.374 (relating to proof of
						  insurance coverage) 30 days prior to the expiration of the current policy, or
						  annually on the anniversary date of the issuance of a permit or other
						  authorization to operate the facility, whichever is sooner. If the operator
						  fails to submit adequate proof of insurance coverage, the Department may issue
						  a notice of violation to the operator 30 days prior to the expiration date or
						  anniversary date of the permit or other authorization, requiring submittal of
						  proof of insurance under §
													271.374 within 15 days of the
						  notice.
(c) The insurer may cancel
						  or otherwise terminate an insurance policy by sending 60 days, or another
						  period as may be authorized by the Insurance Department, prior written notice
						  to the Department and the operator of the insurer's intention to cancel or
						  otherwise terminate the insurance policy. The notice shall be sent to the
						  Department and the insured by certified mail, return receipt requested. Prior
						  to the cancellation or termination becoming effective, the operator shall
						  provide the Department with proof of a replacement insurance policy sufficient
						  to meet the requirements of this subchapter.
(d) If the operator fails to submit
						  acceptable proof of insurance under §
													271.375 (relating to additional
						  insurance coverage) or this section within the stated time periods, the
						  Department may take the following actions:
(1)
						  Issue a notice of violation of the requirement to maintain insurance.
(2) Issue an order requiring the operator to
						  submit proof of insurance.
(3)
						  Issue a cease order to the operator.
(4) Forfeit the existing bonds under §
														271.351 (relating to forfeiture
						  determination). The proceeds of the forfeited bonds will be held by the
						  Department in an appropriate account established by the Department for the
						  purposes of the insurance requirement under this subchapter, until the operator
						  submits acceptable proof of insurance coverage or the insurance requirement
						  does not apply, whichever is earlier. Upon submittal of proof of insurance
						  acceptable to the Department, the operator may apply to the Department for
						  return of the proceeds of the forfeited bonds held by the Department. Nothing
						  in this subsection relieves the operator of its duty to maintain in full force
						  a bond as required by this subchapter and acceptable proof of an insurance
						  policy as required by this subchapter.