§ 73.151. Standards for financial assurances.
(a) Financial assurance shall be sufficient to meet the requirements of section 7.2 of the act (35 P. S. § 750.7b).
(b) The local agency may establish an amount of financial assurance above the minimum established by § 73.77(b)(2) (relating to general requirements for bonded disposal systems).
(c) A local agency may accept forms of financial assurance that establish, to the satisfaction of the local agency, its full and unconditional right to demand and receive any sum due it under section 7.2 of the act. A local agency may authorize a property owner to use the financial assurance for the sole purpose of repair or replacement of the onlot system, for remedial measures to clean up contaminated groundwater and to replace contaminated water supplies.
(d) The local agency will forfeit the financial assurance when it determines that one or more of the following apply:
(1) The property owner has violated or continues to violate one or more of the terms or conditions pertaining to the financial assurance.
(2) The system has malfunctioned.
(3) The permittee has violated a condition of the permit or submitted false information.
(4) The property owner or permittee has failed to properly perform the remedial action required.
Authority The provisions of this § 73.151 issued under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 73.151 adopted November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347.
Cross References This section cited in 25 Pa. Code § 72.42 (relating to powers and duties of local agencies); and 25 Pa. Code § 72.42 (relating to powers and duties of local agencies).
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