ENVIRONMENTAL IMPAIRMENT LIABILITY
FINANCIAL ASSURANCES
§ 271.381. Financial assurances requirements.
(a) A person or municipality that has not submitted proof of environmental impairment liability financial assurances under this subchapter may not operate a municipal waste landfill or resource recovery facility. After September 26, 1988, a municipal waste landfill or resource recovery facility may not accept wastes or initiate operation prior to receipt from the Department of approval of financial assurance. Initiation of operation will not be construed to mean activities associated with the planning, development or construction of the landfill or facility.
(b) An applicant for a permit to operate a municipal waste landfill or resource recovery facility shall submit proof of environmental impairment liability financial assurances for satisfying claims of bodily injury and property damage to third parties caused by or relating to pollution occurrences arising from the operation of a municipal waste landfill or a resource recovery facility.
(c) An applicant for a permit for a municipal waste processing or disposal facility owned and operated by a department or an agency of the United States or the Commonwealth may fulfill the requirement under this section by means of commercial insurance as specified in § § 271.383—271.385 (relating to commercial insurance; general requirements—municipalities and municipal authorities; commercial insurance; coverage—municipalities and municipal authorities; and commercial insurance; proof of coverage—municipalities and municipal authorities) or § § 271.392—271.394 (relating to commercial insurance; general requirements—persons other than municipalities and municipal authorities; commercial insurance; coverage—persons other than municipalities and municipal authorities; and commercial insurance; proof of coverage—persons other than municipalities and municipal authorities); self-insurance allowed by Federal or State law; or additional means approved by the Department. The minimum amount of liability coverage for departments and agencies of the Commonwealth may not exceed the liability limits of 42 Pa.C.S. Chapter 85 (relating to matters affecting government units).
(d) Financial assurance shall be continuously maintained in full force from the date waste is first accepted or the initiation of operations until the effective date of closure certification under § 271.342 (relating to final closure certification). If, upon certification of closure, the Department determines the landfill or facility may continue to present a significant risk to public health, safety and welfare or to the environment, the Department will require the continuation of environmental impairment liability financial assurances, in full force, for a period beyond the effective date of closure as determined by the Department.
Source The provisions of this § 271.381 adopted September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179.
Cross References This section cited in 25 Pa. Code § 271.379 (relating to combination of financial assurance requirements); 25 Pa. Code § 271.382 (relating to forms of financial assurances—municipalities and municipal authorities); 25 Pa. Code § 271.386 (relating to environmental impairment trust funds; general—municipalities and municipal authorities); 25 Pa. Code § 271.388 (relating to insurance pool—municipalities and municipal authorities); 25 Pa. Code § 271.389 (relating to self-insurance—municipalities and municipal authorities); 25 Pa. Code § 271.391 (relating to forms of financial assurances—persons other than municipalities and municipal authorities); and 25 Pa. Code § 271.395 (relating to environmental impairment trust funds; general—persons other than municipalities and municipal authorities).
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