(a) This subchapter sets forth minimum requirements for demonstrating sufficient financial responsibility for the operation of municipal waste processing or disposal facilities by providing for bond guarantees for the operation of those facilities, and by providing for minimum standards for insurance protection for personal injury and property damage to third parties arising from the operation of the facilities.
(b) This subchapter applies to a person or municipality that operates the facility but is not a permit applicant or permittee when the person or municipality submits a bond or provides insurance. Nothing in this subchapter excuses the applicant or permittee from complying with this subchapter.
(c) A municipality operating a municipal waste landfill solely for the disposal of municipal waste may satisfy the requirements of this subchapter by establishing a trust fund under §
271.328 (relating to trust fund for municipally operated landfills) and this subchapter. A municipality that disposes, has disposed or proposes to dispose of residual waste at a municipal waste landfill that it operates may not satisfy the requirements of this subchapter by establishing a trust fund and shall file a bond under this subchapter.
(d) A department or agency of the United States or the Commonwealth which owns and operates a municipal waste processing or disposal facility shall satisfy the requirements of this subchapter. The department or agency of the United States or the Commonwealth may satisfy financial assurance requirements by using applicable forms of financial assurance under this subchapter or by other means of financial assurance approved by the Department.
(e) When an application for the land application of sewage sludge is made by a municipality of a municipal authority, the filing of a bond with the Department is not required as a condition for issuance of a permit to the municipality or municipal authority for the application of the sewage sludge for land reclamation or agricultural utilization purposes.
Notes
The
provisions of this § 271.301 adopted April 8, 1988,
effective 4/9/1988, 18 Pa.B.
1681; amended September 13, 1991, effective 9/14/1991, 21 Pa.B. 4179; amended December 22,
2000, effective 12/23/2000, 30
Pa.B. 6685.
This section cited in 25 Pa. Code §
271.312 (relating to existing
facilities); 25 Pa. Code §
271.321 (relating to special terms
and conditions for surety bonds); 25 Pa. Code §
271.341 (relating to release of
bonds); 25 Pa. Code §
271.351 (relating to forfeiture
determination); 25 Pa. Code §
271.353 (relating to certification
procedures for municipally operated landfills); 25 Pa. Code §
271.362 (relating to reissuance of
permit); and 25 Pa. Code §
272.106 (relating to termination
of trust).
