PUBLIC LIABILITY INSURANCE REQUIREMENTS
§ 287.371. Insurance requirement.
(a) A person or municipality that has not submitted proof of insurance under the act may not dispose or process residual waste unless the person or municipality has submitted proof of a commercial policy of liability insurance covering third-party claims for property damage and bodily injury as provided by this section.
(b) An applicant for a permit to operate a residual waste processing or disposal facility, and every person or municipality that submits a closure plan under § 287.117 (relating to closure plan), shall submit to the Department proof of a commercial policy of liability insurance covering third party claims for property damage and bodily injury.
(1) The insurance policy shall be effective prior to the initiation of residual waste processing or disposal operations under the permit, or, for a closure plan submitted under § 287.117, prior to the initiation of the closure plan.
(2) The Department may accept as proof of insurance an insurance policy issued to a person that operates the facility who is not the permittee, in lieu of a policy issued to the permittee, if the insurance policy meets the requirements of this subchapter.
(c) Permit applications for new facilities shall certify that the operator has in force, or will, prior to initiation of operations, an insurance policy that complies with the requirements of this subchapter.
(d) A department or agency of the United States or the Commonwealth which owns or operates a residual waste processing or disposal facility may satisfy the requirements of this section by other means of financial assurance approved by the Department which satisfy the terms and conditions for insurance under this subchapter.
Source The provisions of this § 287.371 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226551).
Cross References This section cited in 25 Pa. Code § 288.283 (relating to annual operation report); 25 Pa. Code § 289.303 (relating to annual operation report); 25 Pa. Code § 291.222 (relating to annual operation report); 25 Pa. Code § 293.252 (relating to annual operation report); 25 Pa. Code § 295.272 (relating to annual operation report); and 25 Pa. Code § 297.262 (relating to annual operation report).
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