Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › PUBLIC LIABILITY INSURANCE REQUIREMENTS › Section 287.375 - Maintenance of insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall maintain insurance
						  coverage continuously in full force during operation of the residual waste
						  processing or disposal facility until final closure certification.
(b) The operator shall submit proof of
						  insurance under §
													287.373 (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 conduct residual waste processing or disposal operations at
						  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
						  §
													287.373 within 15 days of the
						  notice.
(c) The insurer may cancel
						  or otherwise terminate an insurance policy by sending 60 days or other period
						  prior written notice as may be authorized by the Insurance Department, 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 §
													287.373 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 cessation order to the operator.
(4) Forfeit the existing bonds under §
														287.351 (relating to forfeiture
						  determination). The proceeds of the forfeited bonds shall 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. This
						  subsection will not be construed to relieve the operator of its duty to
						  maintain in full force and effect a bond as required by this subchapter and
						  acceptable proof of an insurance policy as required by this
						  subchapter.