Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › BOND AND TRUST REQUIREMENTS-FORFEITURE › Section 271.351 - Forfeiture determination

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will forfeit a collateral or surety
							 bond, or certify the abandonment of a municipally operated landfill for which a
							 trust has been established under §
													271.301(c)
							 (relating to scope) and this subchapter, when it determines that one of the
							 following has occurred:
(1) The
						  operator has violated or continues to violate the terms or conditions of the
						  bond.
(2) The operator fails or
						  refuses to comply with the act, the environmental protection acts, this title,
						  an order of the Department, the terms or conditions of the permit or the
						  closure plan.
(3) The permit for
						  the facility under bond or trust has been suspended or revoked.
(4) The operator has failed to comply with a
						  compliance schedule in an adjudicated proceeding, consent order or agreement
						  approved by the Department under the act.
(5) The Department determines that the
						  operator cannot demonstrate or prove its intention or ability to continue to
						  operate in compliance with the act, the environmental protection acts, this
						  title or the conditions of the permit.
(6) The operator has failed or continues to
						  fail to take measures determined necessary by the Department to prevent adverse
						  effects upon the environment.
(7)
						  The operator has abandoned the facility without providing closure or
						  postclosure care, or has otherwise failed to properly achieve final closure of
						  the facility under the act, the environmental protection acts, this title, the
						  terms and conditions of the permit or orders of the Department.
(8) The operator fails or refuses to comply
						  with postclosure measures according to schedules or plans approved by the
						  Department.
(9) The operator or
						  financial institution has become insolvent, failed in business, had a
						  delinquency proceeding initiated under Article V of The Insurance Department
						  Act of one thousand nine hundred and twenty-one (40 P. S. §§
														221.1-221.63), had 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 permittee has attached or executed a judgment against the permittee's
						  equipment, materials or facilities at the permit area or on the collateral
						  pledged to the Department; and the operator or financial institution cannot
						  demonstrate or prove the ability to continue to operate in compliance with, or
						  otherwise meet the requirements of the act, the environmental protection acts,
						  this title, the terms and conditions of the permit and orders of the
						  Department.
This section cited in 25 Pa. Code §
															271.321 (relating to special terms
								and conditions for surety bonds); 25 Pa. Code §
															271.333 (relating to failure to
								maintain adequate bond); 25 Pa. Code §
															271.343 (relating to withdrawals
								from municipal trust); 25 Pa. Code §
															271.353 (relating to certification
								procedures for municipally operated landfills); and 25 Pa. Code §
															271.376 (relating to maintenance
								of insurance coverage).