§ 287.375. Maintenance of insurance coverage.
(a) The operator shall maintain insurance coverage continuously in full force during operation of the residual waste processing or disposal facility until final closure certification.
(b) The operator shall submit proof of insurance under § 287.373 (relating to proof of insurance coverage) 30 days prior to the expiration of the current policy, or annually on the anniversary date of the issuance of a permit or other authorization to conduct residual waste processing or disposal operations at the facility, whichever is sooner. If the operator fails to submit adequate proof of insurance coverage, the Department may issue a notice of violation to the operator 30 days prior to the expiration date or anniversary date of the permit or other authorization, requiring submittal of proof of insurance under § 287.373 within 15 days of the notice.
(c) The insurer may cancel or otherwise terminate an insurance policy by sending 60 days or other period prior written notice as may be authorized by the Insurance Department, to the Department and the operator, of the insurer’s intention to cancel or otherwise terminate the insurance policy. The notice shall be sent to the Department and the insured by certified mail, return receipt requested. Prior to the cancellation or termination becoming effective, the operator shall provide the Department with proof of a replacement insurance policy sufficient to meet the requirements of this subchapter.
(d) If the operator fails to submit acceptable proof of insurance under § 287.373 or this section within the stated time periods, the Department may take the following actions:
(1) Issue a notice of violation of the requirement to maintain insurance.
(2) Issue an order requiring the operator to submit proof of insurance.
(3) Issue a cessation order to the operator.
(4) Forfeit the existing bonds under § 287.351 (relating to forfeiture determination). The proceeds of the forfeited bonds shall be held by the Department in an appropriate account established by the Department for the purposes of the insurance requirement under this subchapter, until the operator submits acceptable proof of insurance coverage or the insurance requirement does not apply, whichever is earlier. Upon submittal of proof of insurance acceptable to the Department, the operator may apply to the Department for return of the proceeds of the forfeited bonds held by the Department. This subsection will not be construed to relieve the operator of its duty to maintain in full force and effect a bond as required by this subchapter and acceptable proof of an insurance policy as required by this subchapter.
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