BOND RELEASE
§ 287.341. Release of bonds.
(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.
(c) Upon receipt of a written request for bond release under this section, the Department will inspect the facility to verify the accuracy of the information provided in the application for bond release by the operator, as required by § 287.342 (relating to final closure certification).
(d) The Department will evaluate the bond release request as if it were a request for a new bond amount determination under § 287.331. If the new bond amount determination would require less bond for the facility than the amount already on deposit, the Department may release the portion of the bond amount which is not required for the facility, subject to the public notice and comment provisions of this chapter. If the new bond amount determination requires an additional amount of bond for the facility, the Department will require the additional amount to be deposited for the facility.
(e) A request for bond release under this section upon final closure, or any time after final closure, shall be, for the purpose of providing public notice and comment, considered a major permit modification and shall satisfy the public notice and comment requirements for major permit modifications under this chapter, unless waived in writing by the Department. The Department may waive the public notice and comment requirement for a particular bond release when a definite schedule of bond release has been set forth in an approved closure plan, a permit or an order of the Department, and the closure plan, permit or order has met the public notice and comment requirements of this chapter.
(f) Upon receipt of a written request for bond release under this section, the Department will, within 12 months prior to the expiration of the 10-year period following final closure, conduct a final inspection of the facility. The purpose of the inspection shall be to determine compliance with the act, the environmental protection acts, this title, the terms and conditions of the permit, orders of the Department and the terms and conditions of the bond. Based upon this determination, the Department will either forfeit the bond prior to the expiration of the 10-year period following final closure, or release the bond at the expiration of the 10-year period following final closure.
(g) The following apply with regard to bond release:
(1) The Department will not release a bond amount deposited for a facility if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete closure and postclosure care, including long-term maintenance of remediation measures, and to take measures that may be necessary to prevent adverse effects upon the environment or public health, safety or welfare under the act, the environmental protection acts, this title, the terms and conditions of the permits and orders of the Department.
(2) The release of a bond by the Department does not constitute a waiver or release of other liability provided in law, nor does it abridge or alter rights of action or remedies of a person or municipality now or hereafter existing in equity or under criminal and civil common law or statutory law. The release of a bond does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
(3) The Department may grant bond releases immediately upon final closure, for facilities other than landfills, and disposal impoundments if it is clearly demonstrated that further monitoring, restoration or maintenance is not necessary to protect the public health, safety and welfare and the environment.
Source The provisions of this § 287.341 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (250870) and (226545) to (226546).
Cross References This section cited in 25 Pa. Code § 287.314 (relating to duration of bond liability); 25 Pa. Code § 287.321 (relating to special terms and conditions for surety bonds); 25 Pa. Code § 287.332 (relating to bond amount adjustments); and 25 Pa. Code § 287.333 (relating to failure to maintain adequate bond).
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