[30 Pa.B. 6685]
[Continued from previous Web Page] § 271.128. Permit application fee.
(a) An application for a new permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amount:
(1) Eighteen thousand five hundred dollars for a municipal waste landfill.
(2) Nineteen thousand two hundred fifty dollars for a construction/demolition waste landfill.
(3) One thousand two hundred dollars for the agricultural utilization of sewage sludge.
(4) Four thousand dollars for the utilization of sewage sludge for land reclamation and land disposal.
(5) Four thousand four hundred dollars for a transfer facility.
(6) For municipal waste processing facilities other than transfer facilities:
(i) One thousand nine hundred dollars for incinerators or resource recovery facilities.
(ii) Four thousand dollars for other municipal waste processing facilities.
(7) Seventeen thousand three hundred dollars for demonstration facilities.
(b) An application for a permit modification under § 271.144 (relating to public notice and public hearings for permit modifications) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amount:
(1) Three hundred dollars for the addition of types of waste not approved in the permit.
(2) Seven thousand eight hundred dollars for municipal waste landfills and construction/demolition waste landfills.
(3) Four hundred dollars for the agricultural utilization of sewage sludge.
(4) One thousand one hundred dollars for the utilization of sewage sludge for land reclamation and land disposal.
(5) Seven hundred dollars for transfer facilities.
(6) For municipal waste processing facilities other than transfer facilities:
(i) One thousand five hundred dollars for incinerators or resource recovery facilities.
(ii) Seven hundred dollars for other municipal waste processing facilities.
(7) Six thousand seven hundred dollars for demonstration facilities.
(c) An application for a minor permit modification, including a minor permit modification under § 271.222 (relating to permit modification), shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $300.
(d) An application for a permit reissuance under § 271.221 (relating to permit reissuance) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $300.
(e) An application for a permit renewal under § 271.223 (relating to permit renewal) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $300.
PUBLIC NOTICE AND COMMENTS § 271.141. Public notice by applicant.
(a) An applicant for a new permit, major permit modification, permit renewal or permit reissuance and a person or municipality submitting a closure plan shall publish once a week for 3 consecutive weeks a notice in a newspaper of general circulation in the area where the facility or proposed facility is located. The notice shall meet the following requirements:
(1) Include a brief description of the location and proposed operation or closure of the facility, and indicate where copies of the application or closure plan will be filed. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(2) State that the host municipality and county may submit comments to the Department within 60 days of receipt of the application or closure plan, recommending conditions upon, revisions to and approval or disapproval of the permit or closure plan, with the specific reasons described in the comments.
(3) State that the Department will accept comments from the public on the permit application or closure plan and state the procedure for submission of comments.
(4) If the applicant proposes a design alternative under § 271.231 (relating to equivalency review procedure), it shall so state, and briefly describe the alternative design.
(5) If the application is for a new municipal waste landfill, construction/demolition waste landfill, transfer facility or resource recovery facility, or for a major modification of a municipal waste landfill permit, it shall be in the form of a display advertisement.
(b) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan, shall also notify by certified mail owners and occupants of land contiguous to the site or the proposed permit area of the nature and extent of the proposed facility or closure plan. If the applicant proposes a design alternative under § 271.231, the notice shall so state and briefly describe the alternative design. The applicant shall submit proof of the notice in the form of a United States Postal Service postmarked signature card or other dated acknowledgment form of private letter carrier services.
(c) The Department may require the person or municipality to provide additional public notice if the Department determines that the proposed facility or closure plan is of significant interest to the public or may cause significant environmental impact.
(d) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan shall, immediately before the application or plan is filed with the Department, give written notice to each municipality in which the site or proposed permit area is located. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site. If the applicant proposes a design alternative under § 271.231, the notice shall so state and briefly describe the alternative design. The applicant shall file with the Department a copy of the notice as part of the application or plan. The Department will not issue a permit for 60 days from the date of the notice unless each municipality to which the notice is sent submits a written statement to the Department expressly waiving the 60-day period.
(e) Proof of compliance with the applicable requirements of this section shall be submitted within 30 days of filing its permit application or closure plan with the Department.
§ 271.142. Public notice by Department.
(a) The Department will publish a notice in the Pennsylvania Bulletin of the following:
(1) Receipt of an application for a new permit, permit reissuance, permit renewal or major permit modification.
(2) Receipt of a closure plan and if groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(3) Final action on an application for a new permit, permit reissuance, permit renewal or major permit modification.
(4) Justification for overriding county or host municipality recommendations regarding an application for a new permit, permit reissuance, permit renewal or major permit modification under section 504 of the act (35 P. S. § 6018.504).
(b) The Department will submit a copy of an application for a new permit, permit reissuance, permit renewal, major permit modification or closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists. If groundwater degradation exists at closure or occurs after closure, the Department will include a copy of the applicant's list of contaminants, identification of abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met.
(c) The Department will provide written notice of final action taken on an application for a new permit, permit reissuance, permit renewal, permit modification or closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists.
§ 271.144. Public notice and public hearings for permit modifications.
(a) An application for a permit modification for municipal waste landfills or construction/demolition waste landfills shall be considered an application for a major permit modification under §§ 271.141--271.143 (relating to public notice by applicant; public notice by Department; and public comments) if the application involves the following:
(1) Change in site volume--waste capacity.
(2) Change in the average or maximum daily waste volume.
(3) Change in excavation contours or final contours, including final elevations and slopes, if the change results in increased disposal capacity or impacts the groundwater isolation distance or groundwater quality.
(4) Change in permitted acreage.
(5) Change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.
(6) Change in approved leachate collection and treatment method.
(7) Change in gas monitoring or management plan, or both, except when installation of additional wells or improvements to the collection systems are proposed.
(8) Change in the approved closure plan.
(9) Acceptance for disposal of types of waste not approved in the permit.
(10) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 271.221 (relating to permit reissuance).
(11) Change in approved design under § 271.231 (relating to equivalency review procedure) if the design has not been previously approved through an equivalency review.
(12) The submission of an abatement plan.
(13) The disposal of waste in areas that have reached final permitted elevations.
(14) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 271.221.
(15) Submission of a radiation protection action plan.
(b) An application for a permit modification for a municipal waste processing facility shall be considered an application for a major permit modification under §§ 271.141--271.143, if the application involves the following:
(1) Changes in specifications or dimensions of waste storage or residue storage areas if the change results in increased processing or storage capacity.
(2) Change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.
(3) Change in approved closure plan.
(4) Acceptance for processing of types of waste not approved in the permit.
(5) Change in residue disposal area, if applicable.
(6) Change in approved design under § 271.231 if the design has not been previously approved through an equivalency review.
(7) Change in the maximum daily waste volume.
(8) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 271.221.
(9) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 271.221.
(10) Submission of a radiation protection action plan.
(c) The Department may require public notice or public hearings for an application for permit modification not described in this section that the Department believes should be subject to public notice or public hearings.
(d) If the Department modifies a permit under section 503(e) of the act (35 P. S. § 6018.503(e)) without first receiving a permit application, it will subsequently publish notice of the permit modification in the Pennsylvania Bulletin.
Subchapter C. PERMIT REVIEW PROCEDURES AND STANDARDS
PERMIT REVIEW § 271.201. Criteria for permit issuance or denial.
A permit application will not be approved unless the applicant affirmatively demonstrates that the following conditions are met:
(1) For a disposal or processing permit, each of the entities that is the permit applicant, an owner of the facility or a part thereof, an operator of the facility, or a related party to one or more of the foregoing entities, is one of the following: a natural person; a partnership; a corporation; a municipality of this Commonwealth; a municipal authority or joint municipal authority established under the laws of the Commonwealth; an agency of the Commonwealth; the Commonwealth; an agency of the Federal Government; or the Federal Government.
(2) The permit application is complete and accurate.
(3) The requirements of the environmental protection acts, this title and PA.CONST. art. I, § 27 have been complied with.
(4) Mitigation plans required by § 271.127 (relating to environmental assessment) are implemented if required by the Department.
(5) Municipal waste management operations under the permit will not cause surface water pollution or groundwater pollution, except that the Department may approve an application for permit modification to control or abate groundwater pollution under a new or modified groundwater collection or treatment facility.
(6) When the potential for mine subsidence exists, subsidence will not endanger or lessen the ability of the proposed facility to operate in a manner that is consistent with the act, the environmental protection acts and this title, and will not cause the proposed operation to endanger the environment or public health, safety or welfare.
(7) The proposed facility will not interfere with implementation of the approved host county plan or another county, municipality or State plan approved under applicable law.
(8) The proposed facility will not interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.
(9) For a new municipal waste landfill subject to 49 U.S.C.A. § 44718(d) (relating to limitation on construction of landfills), the Administrator of the Federal Aviation Administration has determined that exemption of the landfill from application of 49 U.S.C.A. § 44718(d) would have no adverse impact on aviation safety. This exemption is only available if the state aviation agency of the state in which the airport is located has requested that the Administrator exempt the landfill from the application of 49 U.S.C.A. § 44718(d).
§ 271.202. Receipt of application and completeness review.
(a) After receipt of a permit application, the Department will determine whether the application is administratively complete.
(b) For purposes of this section, ''receipt of a permit application'' does not occur for an application for a new facility or a permit modification that would result in an increased average or maximum daily waste volume, increased disposal capacity or expansion of the permit area, until the following requirements are met:
(1) The Department, applicant and municipal officials meet to discuss the permit application, the Department's permit application review process and the public involvement steps in that process and to hear and understand the concerns and questions of the municipal officials, as described in the Department's Local Municipality Involvement Process Policy, Document Number 254-2100-100. The Department may invite other persons from the local municipalities who have an interest in the application.
(2) An alternative project timeline is established for review of a permit application for a municipal waste landfill, construction/demolition waste landfill or resource recovery facility through negotiation among the Department, applicant and representatives of the host county and host municipality. If the parties are unable to reach agreement, the Department will determine an appropriate timeline, taking into consideration the level of public interest and incorporating into the timeline sufficient opportunity for meaningful public participation. Public notice of a negotiated timeline will be made in the Pennsylvania Bulletin as part of the permit application receipt announcement required by § 271.142 (relating to public notice by Department).
(c) For purposes of this section, an application is administratively complete if it contains necessary information, maps, fees and other documents, regardless of whether the information, maps, fees and documents would be sufficient for issuance of the permit. If the Phase I and Phase II parts of the application for a landfill are submitted separately, the application will not be considered to be administratively complete until both parts are determined to be administratively complete.
(d) If the application is not administratively complete, the Department will, within 60 days of receipt of the application, return it to the applicant, along with a written statement of the specific information, maps, fees and documents that are required to make the application administratively complete.
(e) The Department will deny the application if the applicant fails to provide the information, maps, fees and documents within 90 days of receipt of the notice in subsection (d).
(f) The Department will not accept a permit application for an expansion that would result in an increase in capacity of a municipal waste landfill or construction/demolition waste landfill if more than 5 years of disposal capacity remains at the landfill based upon information submitted in the most recent annual report or equivalent information that includes a topographic survey map and a description of the capacity used since the last annual report.
(g) The following definitions apply in this section:
(1) Local municipalities. Local municipalities include the host municipality, the host county, municipalities adjacent to the host municipality or municipalities, municipalities located within 1 mile of the permitted or proposed area, other municipalities that demonstrate that they may be adversely impacted by the proposed project and municipalities located along the approach routes.
(2) Approach routes. Approach routes are routes from the nearest limited access (or major) highway used by vehicles traveling to and from the facility.
(3) Municipal officials. Representatives of local municipalities with whom the Department will coordinate pre-permit application and early permit application review.
§ 271.203. Review period.
(a) The Department will issue or deny permit applications for municipal waste landfills, construction/demolition waste landfills, and resource recovery facilities within the time period established in the alternative project timeline developed under § 271.202 (relating to receipt of application and completeness review).
(b) The time period in subsection (a) does not include a period beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits the corrections or changes to the Department's satisfaction.
GENERAL PERMIT RESTRICTIONS § 271.211. Term of permits.
(a) A permit will be issued for a fixed term consistent with the approved operation and design plans of the facility, and not to exceed 10 years. An operator may apply for permit renewal prior to the expiration of the permit terms under § 271.223 (relating to permit renewal).
(b) The Department may grant a longer fixed term if:
(1) The application is complete for the longer fixed term.
(2) The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for the facility, and this need is confirmed, in writing, by the applicant's source of financing.
(c) No municipal waste may be disposed, processed or beneficially used under a permit after the expiration of the permit term for disposal, processing or beneficial use. Expiration of the permit term does not limit the operator's responsibility for complying with closure and postclosure requirements and all other requirements under the act, the environmental protection acts, regulations thereunder or the terms or conditions of its permit.
(d) The Department will, from time to time, but at intervals not to exceed 5 years, review a permit issued under this article. In its review, the Department will evaluate the permit to determine whether it reflects currently applicable operating requirements, as well as current technology and management practices. The Department may require modification, suspension or revocation of the permit when necessary to carry out the purposes of the act, the environmental protection acts and this title. The Department will require the operator to provide a summary of changes to the operations since the initial permit or latest major permit modification was approved.
(e) If no municipal waste is processed or disposed under a permit within 5 years of the date of issuance by the Department of a permit for the facility, the permit is void.
(f) A municipal waste management facility without a permit term that was permitted by the Department prior to April 9, 1988, shall have a permit term that expires April 9, 1993. The operator of the facility may apply for permit renewal under § 271.223.
§ 271.212. Conditions of permits.
A permit issued by the Department will, at a minimum, ensure and contain the following conditions:
(1) Except to the extent that the permit states otherwise, the permittee shall conduct solid waste management activities as described in the approved application.
(2) The permittee shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which operations will be, are being or have been conducted.
(3) The permittee shall affect by solid waste management activities only lands specifically approved in the permit and for which financial assurances have been filed with the Department under Subchapter D (relating to financial assurances requirements).
(4) The permittee shall notify the Department within the time stated in the permit and if no time is stated within 45 days, on a form prepared by the Department, after the transfer has occurred of a controlling interest in the owner or operator, if the transfer does not require a permit modification under § 271.144 (relating to public notice and public hearings for permit modifications) or a permit reissuance under § 271.221 (relating to permit reissuance). The notification shall contain the same information relating to the person who obtained the controlling interest as is required of a permit applicant in a permit application under §§ 271.124 and 271.125(a) (relating to identification of interests; and compliance information). A ''controlling interest'' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
PERMIT REISSUANCE, MODIFICATION AND RENEWAL § 271.221. Permit reissuance.
(a) A transfer, assignment or sale of rights granted under a permit may not be made without obtaining permit reissuance.
(b) An application for permit reissuance shall be made on forms provided by the Department and shall contain the following:
(1) A written statement that the person assumes, upon reissuance of the permit, liability for operation, maintenance, pollution, closure, postclosure maintenance, final cover and other responsibilities under the act, the environmental protection acts, this title and the terms and conditions of the permit from the date of original issuance of the permit.
(2) A detailed explanation of the schedule and procedure for transferring control of the facility to the applicant.
(3) One of the following:
(i) An entirely new application under this article.
(ii) A written statement expressly agreeing to abide by permit conditions, and assuming responsibility for violations which have occurred, or may occur, on the area previously affected. The statement shall include the following:
(A) The identity of the applicant as required in § 271.124 (relating to identification of interests) and the compliance information required in § 271.125 (relating to compliance information).
(B) For a municipal waste disposal permit, a property map showing the extent to which disposal has been accomplished under the existing permit.
(C) The name and address of the existing permittee.
(D) Appropriate financial assurances in the amount specified by the Department under Subchapter D (relating to financial assurance requirements).
(E) Proof of public notice as required by § 271.141 (relating to public notice by applicant).
(c) Departmental approval of permit reissuance under this section does not limit the original permittee's responsibility, liability, duty or obligation under law.
§ 271.222. Permit modification.
(a) A permittee shall file with the Department an application for permit modification:
(1) Prior to making a change in the design or operational plans in the application upon which the permit is issued.
(2) Prior to making a change that would affect the terms or conditions of the existing permit.
(3) Prior to conducting solid waste processing or disposal activities that are not approved in the permit.
(4) If otherwise required by the Department.
(b) An application for permit modification shall be complete and contain the following information:
(1) The permittee's name, address and permit number.
(2) A description of the proposed modifications, including appropriate maps, plans and applications to demonstrate that the proposed modification complies with the act, the environmental protection acts and this title.
(c) The Department may issue onsite, in writing, a conditional approval of a minor modification for the construction of liner systems or of erosion and sedimentation control devices if impracticable to comply with subsections (a) and (b) and the modification will improve the permitted design. Approval is conditioned upon timely submission of the information and fee required in subsection (d).
(d) Within 5 working days of obtaining written onsite Department conditional approval of a minor modification under subsection (c), the permittee shall file with the Department documentation to modify its permit application in accordance with the conditional approval issued under subsection (c). The permit modification documentation shall be accompanied by the fee required in § 271.128(c) (relating to permit application fee).
§ 271.223. Permit renewal.
(a) A permittee that plans to dispose of or process municipal waste after the expiration of the term set under § 271.211 (relating to term of permits) shall file a complete application for permit renewal on forms provided by the Department. The complete application for a processing facility shall be filed at least 270 days before the expiration date of the permit term and for a disposal facility at least 1 year before the expiration date of the permit term. For a processing facility with a permit term that expires on or before 270 days, the application for permit renewal shall be filed at least 180 days prior to the expiration date of the permit term. For a disposal facility with a permit term that expires on or before the application for permit renewal, shall be filed at least 180 days prior to the expiration date of the permit term.
(b) An application for renewal of a municipal waste disposal permit shall include a clear statement of the remaining permitted capacity of the facility, with documentation, in relation to the requested term of the permit renewal.
(c) A permit renewal, if approved by the Department, may only continue the term of the permit on its presently permitted acreage, including the terms and conditions of the permit. An applicant that seeks to add permitted acreage or change the terms or conditions of the permit shall also file an application for a permit modification.
(d) A permit renewal shall be for a term not to exceed the term of the original permit.
OTHER PERMITTING PROVISIONS § 271.231. Equivalency review procedure.
(a) In approving a permit application under this article, the Department may authorize, in writing, alternatives to the design requirements in this article only if, and only to the extent that, specific sections in this article expressly state that alternatives may be authorized under this section.
(b) A person requesting an alternative under this section shall submit a request to the Department, in writing. The request shall:
(1) Identify the specific regulation for which an equivaalency alternative is being sought.
(2) Demonstrate, through supporting technical documentation, justification and quality control procedures, that the requested alternative to the design requirements in a section of the regulations will, for the life of operations at the facility, achieve the performance standards in that section, and will do so in a manner that is equivalent or superior to the design requirements in that section.
(c) No equivalency alternative will be approved unless the application affirmatively demonstrates that the following conditions are met:
(1) The request is complete and accurate and the requirements of this section have been complied with.
(2) The proposed alternative will, for the life of operations at the facility, achieve the performance standards in the section of regulations for which the alternative to the design requirements in that section is sought, and will do so in a manner that is equivalent or superior to the design requirements in that section.
(3) The proposed alternative will not cause pollution to the air, water or other natural resources of this Commonwealth, and will not harm or endanger public health, safety or welfare.
(d) In lieu of approving an equivalency alternative for the entire facility, the Department may approve an equivalency alternative for part of a site as provided in Subchapter F (relating to demonstration facilities).
(e) If an alternative design is approved through a major permit modification, the Department may approve the applicability of the alternative design to another applicant through a minor permit modification.
Subchapter D. FINANCIAL ASSURANCES REQUIREMENTS
GENERAL § 271.301. Scope.
(a) This subchapter sets forth minimum requirements for demonstrating sufficient financial responsibility for the operation of municipal waste processing or disposal facilities by providing for bond guarantees for the operation of those facilities, and by providing for minimum standards for insurance protection for personal injury and property damage to third parties arising from the operation of the facilities.
(b) This subchapter applies to a person or municipality that operates the facility but is not a permit applicant or permittee when the person or municipality submits a bond or provides insurance. Nothing in this subchapter excuses the applicant or permittee from complying with this subchapter.
(c) A municipality operating a municipal waste landfill solely for the disposal of municipal waste may satisfy the requirements of this subchapter by establishing a trust fund under § 271.328 (relating to trust fund for municipally operated landfills) and this subchapter. A municipality that disposes, has disposed or proposes to dispose of residual waste at a municipal waste landfill that it operates may not satisfy the requirements of this subchapter by establishing a trust fund and shall file a bond under this subchapter.
(d) A department or agency of the United States or the Commonwealth which owns and operates a municipal waste processing or disposal facility shall satisfy the requirements of this subchapter. The department or agency of the United States or the Commonwealth may satisfy financial assurance requirements by using applicable forms of financial assurance under this subchapter or by other means of financial assurance approved by the Department.
(e) When an application for the land application of sewage sludge is made by a municipality of a municipal authority, the filing of a bond with the Department is not required as a condition for issuance of a permit to the municipality or municipal authority for the application of the sewage sludge for land reclamation or agricultural utilization purposes.
BOND AND TRUST REQUIREMENTS--GENERAL § 271.312. Existing facilities.
(a) Except as provided in § 271.301(c) (relating to scope), a person or municipality operating a municipal waste landfill or construction/demolition waste landfill on or after April 9, 1988, who has not filed a bond under the act, shall file a bond with the Department within 90 days by July 8, 1988. Nothing in this section prevents the Department from requiring a bond to be submitted as required by the act for another facility operating after April 9, 1988.
(b) A person or municipality that possesses a municipal waste landfill permit or a demolition waste landfill permit under the act, or a permit for an impoundment used for municipal waste disposal issued under The Clean Streams Law (35 P. S. §§ 691.1--691.1001), which permit was issued by the Department prior to April 9, 1988, shall submit an updated bond in an approved bond amount as required by the Department, prior to Departmental approval of a closure plan submitted under § 271.113 (relating to closure plan). Nothing in this section prevents the Department from requiring a bond to be an updated bond under this chapter for another facility operating after April 9, 1988.
(c) A municipality operating a municipal waste landfill solely for the disposal of municipal waste, and which received a permit from the Department under the act before September 26, 1988, shall establish a trust fund under § 271.328 (relating to trust fund for municipally operated landfills) and this subchapter or post another bond consistent with this subchapter as of November 25, 1988.
(d) The bond required by this section shall be submitted under the requirements of this subchapter, on a form prepared by the Department, shall be made payable to the Department and shall provide for continuous liability from the initiation of operations at the facility. The amount of the bond shall be determined in accordance with § 271.331 (relating to bond and trust amount determination).
(e) The trust required by this section shall be submitted under the requirements of this subchapter, on a form approved by the Department, and shall provide for continuous liability from the initiation of operations at the facility. The amount of the trust shall be determined in accordance with § 271.331.
(f) A department or agency of the United States or the Commonwealth which owns and operates a municipal waste processing or disposal facility shall satisfy the requirements of this section by filing a bond with the Department under § 271.313(a) (relating to form, terms and conditions of the bond or trust) or by another means of financial assurance approved by the Department which satisfies the terms and conditions for bonds under § 271.313(b)--(e) and this subchapter.
BOND AND TRUST REQUIREMENTS--TYPES § 271.321. Special terms and conditions for surety bonds.
(a) The Department will not accept the bond of a surety company that has failed or unreasonably 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 December 23, 2000, 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 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 may not take effect until 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 § 271.361 (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 the 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 § 271.351 (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.
(e) Upon receipt of notice of cancellation by a surety, the Department will notify every municipality in which the facility or part of the facility is located. The Department may provide copies of notices of violation, cease orders and other relevant correspondence regarding the surety cancellation, to the governmental units.
(f) The Department will not accept surety bonds from a surety company when the total bond liability to the Department on bonds filed by the operator, the principal and related parties exceeds the surety company's single risk limit as provided by The Insurance Company Law of 1921 (40 P. S. §§ 341--991).
(g) The bond shall provide that the surety and the principal are jointly and severally liable for payment of the bond amount.
(h) The Department will provide in the bond that the amount shall be confessed to judgment and execution upon forfeiture.
(i) The Department will retain, during the term of the bond, and upon forfeiture of the bond, a property interest in the surety's guarantee of payment under the bond which may not be affected by the bankruptcy, insolvency or other financial incapacity of the operator or principal on the bond.
(j) Moneys collected on bonds posted under this subchapter or trusts established under § 271.301 (relating to scope) shall be deposited with the State Treasurer, who will hold the same in the name of the Commonwealth in trust as cash collateral until the Department determines one of the following:
(1) Bonds or trust funds would otherwise be released under § 271.341 (relating to release of bonds).
(2) There are other grounds for forfeiture under § 271.351 or collection under the terms and conditions of the bond or trust.
(3) Other bonds or collateral acceptable to the Department have been posted.
(k) If the bonds are releasable under § 271.341, the moneys shall be returned to the surety or the operator as determined by the Department.
(l) If there are other grounds for forfeiture under § 271.351, or collection under the terms and conditions of the bond or trust, the State Treasurer or the Department will deposit the collected moneys into the Solid Waste Abatement Fund for the purpose specified in § 271.352 (relating to forfeiture procedures). Funds from trusts for municipally operated landfills under § 271.301 shall only be used for closure, abatement, postclosure care, monitoring and other remedial measures necessary for that particular municipally operated landfill.
BOND AND TRUST REQUIREMENTS--AMOUNT § 271.332. Bond and trust amount adjustments.
(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 under § 271.333 (relating to failure to maintain adequate bond), or if additional bond amounts are required under this chapter, including §§ 271.326 and 271.331 (relating to phased deposit of collateral; and bond and trust amount determination).
(b) The Department will require an operator to deposit additional bond or trust corpus amounts when the existing bond or trust corpus does not meet the requirements of this subchapter, including, but not limited to, 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 or reissued, or is 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.
(c) Periodically after the date on which the bond was required to be submitted under this subchapter, the Department may determine the adequacy of bond amount requirements for municipal waste processing or disposal facilities and, if necessary, require additional bond amounts.
(d) A request for reduction of the required bond will be considered a request for bond release under § 271.341 (relating to release of bonds).
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