25 Pa. Code § 264a.154. Form, terms and conditions of bond.

§ 264a.154. Form, terms and conditions of bond.

(a)  The Department accepts the following types of bond:
   (1)  A surety bond.
   (2)  A collateral bond.
   (3)  A bond pledging a financial test or corporate guarantee.
   (4)  A phased deposit collateral bond as provided in §  264a.157 (relating to phased deposits of collateral).
(b)  The Department will prescribe and furnish the forms which shall be used for bond instruments.
(c)  Bonds are payable to the Department and conditioned upon the faithful performance of the requirements of the act, The Clean Streams Law (35 P. S. § §  691.1—691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.4c, 1396.4e and 1396.15c—1396.25), the Air Pollution Control Act (35 P. S. § §  4001—4015), the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27), the regulations adopted thereunder, the terms and conditions of any permit issued thereunder, orders of the Department and amendments, revisions and changes to the acts, the regulations and the terms and conditions of the hazardous waste storage, treatment and disposal facility permit as may be lawfully made in the future.
(d)  The bond must cover the hazardous waste storage, treatment or disposal operations from the initiation of the operations until the bond is released as provided in this chapter. The bond must cover all operations and activities conducted within the permitted area and all effects caused by the hazardous waste activities within or without the permit area. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date that hazardous waste is first received for treatment, storage or disposal.
(e)  Bonds will be reviewed for legality and form according to established Commonwealth procedures.

Authority

   The provisions of this §  264a.154 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

Source

   The provisions of this §  264a.154 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (254933) to (254934).

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