§ 271.313. Form, terms and conditions of the bond or trust.
(a) The Department will accept the following types of bonds or trusts:
(1) A surety bond as provided in § 271.321 (relating to special terms and conditions for surety bonds).
(2) A collateral bond as provided in § § 271.322—271.325.
(3) A combination of surety and collateral bonds as provided in § 271.327 (relating to surety/collateral combination bond).
(4) For a facility with a permit term of at least 10 years, a phased deposit of collateral bond as provided in § 271.326 (relating to phased deposit of collateral).
(5) A trust fund as provided in § 271.328 (relating to trust fund for municipally operated landfills), for a municipal waste landfill operated by a municipality solely for the disposal of municipal waste.
(b) A person or municipality submitting a bond or trust shall comply with Department guidelines, which can be obtained from the Bureau of Waste Management, Division of Enforcement, Post Office Box 2063, Harrisburg, Pennsylvania 17105-2063, establishing minimum criteria for execution and completion of the bond or trust forms and related documents and on calculation of total bond or trust liability.
(c) Bonds and trusts shall be conditioned on compliance with the act, the environmental protection acts, this title, Department orders relating to operation of municipal waste processing and disposal facilities, the terms and conditions of the permit, and amendments, revisions and changes to the act, the environmental protection acts, the regulations and the permit. The liability of the operator under the bond or trust is absolute and unconditional to ensure compliance by the operator with requirements for the operation of a municipal waste processing or disposal facility.
(d) Liability on the bond shall cover the operation of municipal waste disposal or processing activities conducted from the initiation of the activities until the bond is released. The Department may accept a bond executed by an operator who is not the permittee or permit applicant, in lieu of a bond executed by the permittee or permit applicant, only if the liability on the bond meets the requirement of this subchapter. A bond executed by an operator who is not the permittee or permit applicant does not meet the requirements of this subchapter if liability on the bond is limited to the municipal waste management activities of that operator.
(e) Bonds will be reviewed for legality and form according to established Department procedures.
(f) Liability under the trust shall cover the operation of municipal waste disposal or processing activities conducted from the initiation of the activities until the trust is terminated. The Department will not accept a trust executed by an operator who is not the permittee or permit applicant, in lieu of a bond executed by the permittee or permit applicant.
Source The provisions of this § 271.313 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 (151735) to (151736).
Cross References This section cited in 25 Pa. Code § 271.311 (relating to new facilities); 25 Pa. Code § 271.312 (relating to existing facilities); and 25 Pa. Code § 284.641 (relating to bond requirement).
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