BOND AND TRUST REQUIREMENTS—GENERAL
§ 271.311. New facilities.
(a) The Department will not approve a new, reissued, renewed or modified permit for the processing or disposal of municipal waste, unless the applicant first submits to the Department a bond under this subchapter, and the bond is approved by the Department.
(b) The bond shall be submitted under 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 under § 271.331 (relating to bond and trust amount determination).
(c) A municipality operating a municipal waste landfill solely for the disposal of municipal waste, and which receives a permit from the Department under the act after September 26, 1988, shall establish a trust fund under § 271.328 (relating to trust fund for municipally operated landfills) and this subchapter prior to the operation of the landfill, unless the municipality posts another bond consistent with this subchapter. The landfill may not accept waste or initiate operation prior to the establishment of the trust fund.
(d) A department or agency of the United States or the Commonwealth applying for a permit to operate 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. The facility may not accept waste or initiate operation prior to the approval by the Department of the financial assurances required by this section.
Source The provisions of this § 271.311 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179. Immediately preceding text appears at serial pages (126138) and (151735).
Cross References This section cited in 25 Pa. Code § 271.333 (relating to failure to maintain adequate bond).
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