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 287.351 - Forfeiture determination

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will forfeit a collateral or surety
							 bond when it determines that one or more of the following has occurred:
(1) The operator has violated or continues to
						  violate a term or condition 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 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 the 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 without obtaining final closure certification, or has
						  otherwise failed to properly achieve final closure of the facility under the
						  requirements of 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 closure, postclosure or final closure measures according to schedules or
						  plans approved by the Department.
(9) The operator or financial institution has
						  become insolvent, 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 the act, the environmental protection acts, this title, the
						  terms and conditions of the permit or orders of the Department.
This section cited in 25 Pa. Code §
															287.321 (relating to special terms
								and conditions for surety bonds); 25 Pa. Code §
															287.321 (relating to special terms
								and conditions for surety bonds); 25 Pa. Code §
															287.333 (relating to failure to
								maintain adequate bond); and 25 Pa. Code §
															287.375 (relating to maintenance
								of insurance coverage).