Current through Register Vol. 54, No.43, October 26, 2024
Section 287.313 - Form, terms and conditions of the bond(a) The Department will accept the following types of bonds: (1) A surety bond as provided in § 287.321 (relating to special terms and conditions for surety bonds).(2) A collateral bond as provided in §§ 287.322-287.325.(3) A combination of surety and collateral bonds as provided in § 287.326 (relating to phased deposit of collateral).(4) For a facility with a permit term of at least 10 years, a phased deposit of collateral bond as provided in § 287.326.(5) 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 satisfies the terms and conditions for bonds under this subchapter.(b) Each person or municipality submitting a bond shall comply with Department guidelines establishing minimum criteria for execution and completion of the bond forms and related documents and on calculation of total bond liability.(c) Bonds submitted under this subchapter shall be conditioned on compliance with the act and regulations promulgated thereunder, the environmental protection acts, the terms and conditions of the permit and Departmental orders relating thereto which include orders relating to the operation of the facility. The liability of the operator under the bond is absolute and unconditional to ensure compliance by the operator with all requirements for the operation of a residual waste processing or disposal facility.(d) Liability on the bond shall cover the operation of residual waste disposal or processing activities conducted from the initiation of the activities until the bond is released. The Department may accept a bond executed by an operator who is not the permittee or permit applicant, in lieu of a bond executed by the permittee or permit applicant, only if the liability on the bond meets the requirements of this subchapter. A bond executed by an operator who is not the permittee or permit applicant does not meet the requirement of this subchapter if liability on the bond is limited to the residual waste management activities conducted by that operator.(e) Bonds will be reviewed for legality and form according to established Department procedures.