reglab/statecodes huggingface dataset:
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 › BONDING REQUIREMENTS › Section 287.313 - Form, terms and conditions of the bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will accept the following
						  types of bonds:
(1) A surety bond as provided
						  in §
														287.321 (relating to special terms
						  and conditions for surety bonds).
(2) A collateral bond as provided in
						  §§ 287.322-287.325.
(3) A
						  combination of surety and collateral bonds as provided in §
														287.326 (relating to phased
						  deposit of collateral).
(4) For a
						  facility with a permit term of at least 10 years, a phased deposit of
						  collateral bond as provided in § 287.326.
(5) A department or agency of the United
						  States or the Commonwealth which owns or operates a residual waste processing
						  or disposal facility may satisfy the requirements of this section by other
						  means of financial assurance approved by the Department which satisfies the
						  terms and conditions for bonds under this subchapter.
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 › BONDING REQUIREMENTS › Section 287.314 - Duration of bond liability

Current through Register Vol. 54, No. 28, July 13, 2024
The liability under a bond filed with the Department
							 under this subchapter shall continue for the period of operation of the
							 facility, and for 10 years after final closure certification of the facility
							 under §
													287.342 (relating to final closure
							 certification), unless released in whole or in part by the Department in
							 writing, prior thereto as provided by §
													287.341 (relating to release of
							 bonds).
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 › TYPES OF BONDS › Section 287.321 - 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 unduly 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 January 13, 2001, and modifications
						  issued after January 13, 2001, 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 by the surety 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 shall take effect 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 §
														287.361 (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 all 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 §
														287.351 (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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › TYPES OF BONDS › Section 287.322 - 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 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.
(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 stand-by 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
						  the 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 in this Commonwealth.
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 › TYPES OF BONDS › Section 287.325 - Collateral bonds; negotiable bonds

Current through Register Vol. 54, No. 28, July 13, 2024
Negotiable bonds submitted and pledged as collateral
							 for collateral bonds shall be 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 securities for bond deposit.
(2) The current market value as determined by
						  the Department shall be at least equal to the amount of the required
						  bond.
(3) The Department may
						  periodically revalue the securities and shall 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 Corporation (25 Broadway, New York, New York
						  10004-1064) or "A" by Moody's Investor Service (99 Church Street, New York, New
						  York 10007-2787).
(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 §
															287.313 (relating to form, terms
								and conditions of the bond).
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 › TYPES OF BONDS › Section 287.326 - 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 residual waste for at least 10 years from
						  the date of permit issuance or the commencement of acceptance of residual
						  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 as
						  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 shall be grounds for
						  forfeiture of the bond.
(5) The
						  Department may require additional bonding in an amount determined under §
														287.331 (relating to bond amount
						  determination) 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 an 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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › TYPES OF BONDS › Section 287.327 - 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.
							 These instruments will 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 otherwise does not meet
							 the purposes of the act, this article or orders of the
							 Department.
This section cited in 25 Pa. Code §
															287.332 (relating to bond amount
								adjustments).
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 › BOND AMOUNT › Section 287.331 - Bond amount determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality shall calculate the proposed amount of total bond
						  liability 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 the bond
						  is 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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › BOND AMOUNT › Section 287.332 - Bond 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 according to §
													287.333 (relating to failure to
						  maintain adequate bond), or whenever additional bond amounts are required under
						  this chapter, including §§
													287.327 and
						  287.331 (relating to
						  surety/collateral combination bond; and bond amount determination).
(b) The Department will require an operator
						  to deposit additional bond amounts determined under §
													287.331 when the existing bond
						  does not meet the requirements of this subchapter for any reason, including 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, reissued,
						  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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › BOND AMOUNT › Section 287.333 - 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 in accordance with the schedule submitted under §
													287.326 (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 residual
						  waste processing and disposal activities conducted by the operator. The
						  Department may take additional actions that may be 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 State Treasurer who shall hold
						  it in trust in the name of the Commonwealth until the Department determines
						  that the bonds would otherwise be released under §
													287.341 (relating to release of
						  bonds), or that there are other grounds for forfeiture under §
													287.351 (relating to forfeiture
						  determination).
(1) If the bonds are
						  releasable, the monies may be returned to the surety or operator, as
						  appropriate, in a manner and under conditions as 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 §
														287.352 (relating to forfeiture
						  procedures).
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 › BOND RELEASE › Section 287.341 - Release of bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator
						  seeking a release of a bond previously submitted to the Department shall file a
						  written request with the Department for release of all or part of the bond
						  amount posted for the facility as part of a request for bond adjustment under
						  §
													287.332 (relating to bond amount
						  adjustments), or after certification of final closure of the
						  facility.
(b) The written request
						  for bond release shall contain the following:
(1) The name of the operator and
						  identification of the 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) A detailed explanation why bond release
						  is requested. The explanation shall include, but is not limited to, details
						  relating 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, final
						  closure certification 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 §
														287.331 (relating to bond amount
						  determination).
(5) Other
						  information that 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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › BOND RELEASE › Section 287.342 - Final closure certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  the operator of a residual waste processing or disposal facility believes that
						  all closure and postclosure requirements applicable to the facility have been
						  met, the operator may file a request for final closure certification with the
						  Department.
(b) The final closure
						  certification request shall be accompanied by a nonrefundable administration
						  fee in the form of a check payable to the "Commonwealth of Pennsylvania" for
						  the following amount:
(1) Eight thousand eight
						  hundred dollars for residual waste landfills and residual waste disposal
						  impoundments.
(2) Six hundred
						  dollars for all other residual waste processing or disposal
						  facilities.
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 › BOND FORFEITURE › Section 287.352 - Forfeiture procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  Department declares a bond forfeit, it will:
(1) Send written notification to the
						  operator, the surety on the bond, and every municipality in which a part of the
						  facility is located, of the Department's determination to declare the bond
						  forfeit and the reasons for the forfeiture.
(2) Proceed to collect on the bond as
						  provided by applicable laws for the collection of defaulted bonds or other
						  debts.
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 › MISCELLANEOUS PROVISIONS › Section 287.361 - Replacement of existing bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department may allow an operator to replace an existing surety or
						  collateral bond with another surety or collateral bond, if liability which has
						  accrued against the bond, the operator and the facility is transferred to the
						  replacement bond. The replacement bond shall include an endorsement by the
						  operator acknowledging the retroactivity of the liability to the date of issue
						  of the original residual waste management permit or a prior date determined by
						  the Department. The bond amount for this replacement bond will be determined
						  under this subchapter, but may not be less than the amount on deposit with the
						  Department.
(b) The Department will
						  not release existing bonds until the operator has submitted and the Department
						  has approved acceptable replacement bonds. A replacement of bonds under this
						  section does not constitute a release of bond under this subchapter.
This section cited in 25 Pa. Code §
															287.321 (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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › MISCELLANEOUS PROVISIONS › Section 287.362 - Reissuance of permit

Current through Register Vol. 54, No. 28, July 13, 2024
Before an existing permit is reissued under §
													287.221 (relating to permit
							 reissuance), the applicant for permit reissuance shall submit an approved bond,
							 in an appropriate amount determined by the Department under this subchapter but
							 not less than the amount of bond on deposit with the Department, assuming
							 accrued liability for the facility. The bond shall include an endorsement
							 acknowledging the retroactivity of liability upon the bond to the date of issue
							 of the original permit, or a prior date determined by the
							 Department.
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 › MISCELLANEOUS PROVISIONS › Section 287.363 - Incapacity of operators or financial institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator shall notify the Department
						  by certified mail within 10 days after commencement of a voluntary or
						  involuntary proceeding under 11 U.S.C.A. §§
														101-1330, known as the Federal
						  Bankruptcy Act, naming the operator as debtor.
(b) A financial institution which issues a
						  surety bond, letter of credit or certificate of deposit under this subchapter
						  shall notify the Department if the following occur:
(1) The financial institution has been
						  declared insolvent and a receiver appointed by a State or Federal regulatory
						  authority having jurisdiction in the matter or the commencement of a voluntary
						  or involuntary proceeding under
						  11 U.S.C.A. §§
															101-1330.
(2) An action asserting violation of
						  regulatory requirements which could result in suspension or revocation of the
						  authority of the financial institution to issue the instruments or to continue
						  in business.
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 › MISCELLANEOUS PROVISIONS › Section 287.364 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
Remedies provided or authorized by law for violation
							 of statutes, including the act, the applicable environmental protection acts,
							 this title, and the terms and conditions of permits, and orders of the
							 Department, are expressly preserved. This subchapter will not be construed as
							 an exclusive penalty or remedy for the violations. Action taken under this
							 subchapter does not waive or impair another remedy or penalty provided in law
							 or equity.
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 287.371 - Insurance requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality that has not submitted proof of insurance under the act
						  may not dispose or process residual waste unless the person or municipality has
						  submitted proof of a commercial policy of liability insurance covering
						  third-party claims for property damage and bodily injury as provided by this
						  section.
(b) An applicant for a
						  permit to operate a residual waste processing or disposal facility, and every
						  person or municipality that submits a closure plan under §
													287.117 (relating to closure
						  plan), shall submit to the Department proof of a commercial policy of liability
						  insurance covering third party claims for property damage and bodily injury.
(1) The insurance policy shall be effective
						  prior to the initiation of residual waste processing or disposal operations
						  under the permit, or, for a closure plan submitted under § 287.117, prior
						  to the initiation of the closure plan.
(2) The Department may accept as proof of
						  insurance an insurance policy issued to a person that operates the facility who
						  is not the permittee, in lieu of a policy issued to the permittee, if the
						  insurance policy meets the requirements of this subchapter.
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 287.373 - Proof of insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall submit proof of
						  insurance coverage, which at a minimum shall consist of a certificate of
						  liability insurance. The certificate shall:
(1) State the name of the insurance company,
						  the insured operator and the facility covered by the policy.
(2) Identify the kinds of coverage provided
						  by the policy and the amounts of coverage.
(3) Identify the beginning and ending dates
						  for the policy.
(4) Specify that 60
						  days prior written notice shall be given by the insurer to the Department and
						  the operator, by certified mail, before cancellation or termination of the
						  insurance policy becomes effective. The 60-day notice period does not apply for
						  specific reasons for cancellation or termination where shorter periods of
						  notice for cancellation or termination have been authorized by the Insurance
						  Department.
(5) State that the
						  insurance coverage provided by the policy is for the purpose of satisfying this
						  subchapter.
(6) State that the
						  insurer is liable for payment on the policy without regard for the bankruptcy
						  or insolvency of the insured.
(7)
						  Be signed by an authorized agent of the insurance company.
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 287.374 - Additional insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may require the operator
						  to obtain and provide proof of coverage for additional liability insurance if
						  one of the following applies:
(1) The permit
						  is renewed, reissued or subject to a major permit modification.
(2) The Department determines that additional
						  amounts of insurance coverage are required to protect public health or safety,
						  or public welfare from the risk of injury or damage from the operation of the
						  facility.
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 F - CIVIL PENALTIES AND ENFORCEMENT › SCOPE › Section 287.401 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the assessment of civil
							 penalties and to other enforcement actions under the act for residual waste
							 management.
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 F - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 287.411 - When a penalty will be assessed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will assess a civil penalty for each violation which is included
						  as a basis for a cessation order.
(b) The Department will assess a civil
						  penalty for a violation that occurs after the release by the Department of a
						  bond under Subchapter E (relating to bonding and insurance
						  requirements).
(c) The Department
						  will assess a civil penalty when a person or municipality operates a residual
						  waste disposal or processing facility in the following manner:
(1) Without a permit from the Department or
						  outside the boundaries of a permit, including final elevations, except for
						  facilities operating without a permit on July 4, 1992, that are in compliance
						  with §§
														287.111 and
						  287.113 (relating to notice by
						  impoundments and unpermitted processing or disposal facilities; and permitting
						  procedure for unpermitted processing or disposal facilities). For these
						  facilities, the Department may assess a civil penalty.
(2) Accepts waste for processing or disposal
						  that was not approved by the Department in the permit.
(3) Causes, contributes to or allows open
						  burning at the facility.
(4)
						  Causes, contributes to or allows water pollution.
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 F - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 287.412 - Assessment of penalties; general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will use the system
						  described in this section and §
													287.413 (relating to assessment of
						  penalties; minimum penalties) to determine the amount of the penalty. Unless
						  otherwise indicated in this section, the penalty may be set up to the maximum
						  amount specified in this section.
(b) Civil penalties will be assessed as
						  follows:
(1) Up to the statutory maximum may
						  be assessed based on one or more of the following factors:
(i) The willfulness of the
						  violation.
(ii) The costs that the
						  operator avoided by incurring the violation.
(iii) The damage or injury to the land or
						  waters of this Commonwealth or other natural resources or their uses.
(iv) The cost of restoration or costs of
						  abatement, remedial and preventive measures taken to prevent or lessen the
						  threat of damage or injury to property or waters of this Commonwealth or other
						  natural resources, or their uses, or to prevent or reduce injury to a
						  person.
(v) The hazards or
						  potential hazards to the health or safety of the public.
(vi) The property damage.
(vii) Interference with a person's right to
						  the enjoyment of life or property.
(viii) The costs expended by the Commonwealth
						  as a result of the violation, including administrative costs, costs of
						  inspection, and costs of collection, transportation and analysis of
						  samples.
(ix) Other relevant
						  factors.
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 F - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 287.414 - Procedures for assessment of civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will serve, by mail or
						  personal service, a copy of the civil penalty assessment on the person or
						  municipality responsible for a violation. Service will be by registered or
						  certified mail, or by personal service. If the service is tendered at the
						  address of that person set forth in the application for a permit under the act
						  or the regulations promulgated thereunder, or at an address at which that
						  person is in fact located, and the person refuses to accept delivery of or to
						  collect the mail, the requirements of this subsection will be deemed to have
						  been complied with upon the tender.
(b) The Department may upon its own motion
						  prior to assessment, or will upon written request of the person to whom the
						  assessment was issued, arrange for a conference to review the assessment or
						  proposed assessment.
(c) The
						  assessment conference will not be governed by requirements for formal
						  adjudicatory hearings, and may be held at the convenience of the
						  parties.
(d) The Department may
						  terminate the conference when it determines that the issues cannot be resolved
						  or that the person assessed is not diligently working toward resolution of the
						  issues.
(e) The time for appeal
						  from an assessment will not be stayed by the request for or convening of an
						  assessment conference.
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 F - CIVIL PENALTIES AND ENFORCEMENT › ENFORCEMENT › Section 287.421 - Administrative inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department and its agents and employes will:
(1) Have access to, and require the
						  production of, books and papers, documents and physical evidence pertinent to
						  matters under investigation.
(2)
						  Require a person or municipality engaged in the storage, transportation,
						  processing, treatment or disposal of a residual waste to establish and maintain
						  the records and make reports and furnish information as the Department may
						  prescribe.
(3) Enter a building,
						  property, premises or place where residual waste is generated, stored,
						  processed, treated or disposed for the purpose of making an investigation or
						  inspection necessary to ascertain the compliance or noncompliance by the person
						  or municipality with the provisions of the act, the environmental acts and the
						  regulations thereunder.
(4) In
						  connection with an inspection or investigation, samples may be taken of solid,
						  semisolid, liquid or contained gaseous material for analysis. If an analysis is
						  made of the samples, a copy of the results of the analysis will be furnished
						  within 5 business days after receiving the analysis from the laboratory to the
						  person having apparent authority over the building, property, premises or
						  place.
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 F - CIVIL PENALTIES AND ENFORCEMENT › ENFORCEMENT › Section 287.422 - Permit suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may hold a public hearing
						  or informal conference prior to suspending or revoking a permit. The
						  requirements for the hearings or conferences are those set forth for permit
						  applications in §
													287.153 (relating to public
						  comments).
(b) The Department will
						  publish in the
Pennsylvania Bulletin
notice of the revocation
						  or suspension of a permit.
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 G - DEMONSTRATION FACILITIES › Section 287.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to applications for residual
						  waste processing or disposal facilities or parts of facilities, that are based
						  on a new or unique technology for processing or disposing of residual waste.
						  For purposes of this subchapter, a technology is new or unique if it has not
						  previously been demonstrated in this Commonwealth or another comparable area.
						  The Department may approve in writing, as a permit modification, the
						  demonstration of new or unique technology for the processing or disposal of
						  residual waste at permitted residual waste processing or disposal facilities
						  provided the requirements of this subchapter are met.
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 G - DEMONSTRATION FACILITIES › Section 287.502 - Relationship to other requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operation that is approved under this
						subchapter is subject to this article.
(b) The Department may waive or modify any
						application and operating requirements in this article. The Department will not
						waive or modify subchapter A, §§
												287.124,
						287.125, 287.151 and 287.128,
						Subchapter E or Subchapter F.
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 G - DEMONSTRATION FACILITIES › Section 287.503 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to applicable application requirements set
						  forth in this article, each application for a demonstration facility permit
						  shall include the following:
(1) An
						economic analysis indicating benefits to the Commonwealth and the applicant
						from the proposed facility, including an economic analysis of the benefits of
						alternative methods of processing or disposal.
(2) A technical analysis of the proposed
						facility in comparison to the existing state-of-the-art for processing or
						disposal of the waste that will be received by the facility.
(3) A complete operational plan, including
						design details and a timetable for completing various phases of the facility
						from initiation of construction to completion of the project.
(4) An evaluation of the anticipated
						contribution of the facility to the field of solid waste management.
(5) An evaluation of the potential
						applicability to the Commonwealth of the technology to be
						demonstrated.
(6) A demonstration
						that the applicant has the financial ability to remove the facility and clean
						up the affected area in the event of pollution.
(7) A plan for corrective action utilizing
						conventional technology in the event of pollution.
(8) A statement of the optimal size and
						capacity for a facility using the proposed technology.
(9) A plan for assessing the effectiveness
						and environmental effect of the proposed facility.
This section cited in 25 Pa. Code §
														287.504 (relating to operating
							 requirements).
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 G - DEMONSTRATION FACILITIES › Section 287.504 - Operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to applicable operating requirements set
						  forth in this article, each person or municipality that operates a
						  demonstration facility shall comply with the following:
(1) The facility may not be larger than the
						area needed to adequately test the new or unique technology.
(2) Waste may not be processed or disposed at
						the facility after 2 years from the initial processing or disposal of waste at
						the facility, unless a different period is stated in the permit. The permittee
						may request permit renewal under §
												287.223 (relating to permit
						renewal).
(3) The operator shall
						submit periodic reports to the Department concerning the effectiveness and
						environmental effect of the facility.
(4) The permittee shall immediately cease
						operations and begin clean up and removal actions if the Department determines
						that the facility is causing or likely to cause harm to public health, safety,
						welfare or to the environment.
(5)
						Within 90 days from the expiration of the term of the permit, the permittee
						shall submit to the Department an analysis of the effectiveness of the
						technology, taking into consideration the factor set forth in §
												287.503 (relating to application
						requirements).
(6) If Chapter 288,
						289, 291, 293, 295, 297 or 299 is not clearly applicable to the facility, the
						permittee shall annually submit to the Department a nonrefundable permit
						administration fee of an amount set forth in the approved permit, but not more
						than $1,800, in the form of a check payable to the "Commonwealth of
						Pennsylvania." The fee will be based on the administrative costs of the
						Department under section 104 of the act (35 P. S. §
													6018.104(8)).
This section cited in 25 Pa. Code §
														287.505 (relating to public notice
							 of analysis); and 25 Pa. Code §
														287.506 (relating to Departmental
							 evaluation of analysis).
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 G - DEMONSTRATION FACILITIES › Section 287.505 - Public notice of analysis

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will publish in the
Pennsylvania
						  Bulletin
notice of the availability of the analysis submitted under
						  §
												287.504(5)
						  (relating to operating requirements). The notice will request public comment on
						  the analysis and the utility of the analysis in permitting future facilities
						  using the same or similar technology. The Department will also provide written
						  notice of the availability of the analysis to the municipalities in which the
						  facility is located.
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 G - DEMONSTRATION FACILITIES › Section 287.506 - Departmental evaluation of analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review the analysis
						submitted under §
												287.504(4)
						(relating to operating requirements) and other relevant data to determine
						whether the facility satisfactorily achieved its objectives and whether the
						facility adequately protected public health, safety, welfare and the
						environment.
(b) If the Department
						determines that the facility adequately achieved its objectives and
						satisfactorily protected public health, safety, welfare and the environment,
						the Department subsequently may grant a permit for the technology under this
						article without reference to this subchapter.