§ 271.352. Forfeiture procedures.
(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) Advise the operator and surety of the right to appeal to the Environmental Hearing Board under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable laws for the collection of defaulted bonds or other debts.
(b) If the Department declares a collateral bond forfeited, it will pay, or direct the State Treasurer to pay, the collateral funds into the Solid Waste Abatement Fund. If upon proper demand and presentation, the banking institution or other person or municipality which issued the collateral refuses to pay the Department the proceeds of a collateral undertaking such as a certificate of deposit, letter of credit or government negotiable bond, the Department will take appropriate steps to collect the proceeds.
(c) If the Department declares a surety bond forfeited, it will certify the forfeiture to the Office of Attorney General which will proceed to enforce and collect the amount forfeited. This amount will, upon collection, be paid into the Solid Waste Abatement Fund.
(d) Moneys received from the forfeiture of bonds, and interest accrued, will be used first to accomplish final closure of, and to take steps necessary and proper to remedy and prevent adverse environmental effects from, the municipal waste processing or disposal facility upon which liability was charged on the bonds. Excess monies may be used for other purposes consistent with the Solid Waste Abatement Fund and the act.
Source The provisions of this § 271.352 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.
Cross References This section cited in 25 Pa. Code § 271.321 (relating to special terms and conditions for surety bonds); and 25 Pa. Code § 271.333 (relating to failure to maintain adequate bond).
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