25 Pa. Code § 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.
Notes
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).
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