Current through Register Vol. 54, No.43, October 26, 2024
Section 271.332 - Bond and trust amount adjustments(a) The operator shall submit bond documents required by the Department to increase the total bond liability, and deposit additional bond amounts, upon demand by the Department under § 271.333 (relating to failure to maintain adequate bond), or if additional bond amounts are required under this chapter, including §§ 271.326 and 271.331 (relating to phased deposit of collateral; and bond and trust amount determination).(b) The Department will require an operator to deposit additional bond or trust corpus amounts when the existing bond or trust corpus does not meet the requirements of this subchapter, including, but not limited to, the following:(1) Inflationary cost factors have resulted in a new cost estimate which exceeds the estimate used for the original bond amount determination.(2) The permit is to be renewed or reissued, or is subject to a major permit modification or the bond on deposit is to be replaced.(3) The Department otherwise determines that the existing total bond liability amount does not meet the purposes of the act, the environmental protection acts, this title, the permit or orders of the Department.(c) Periodically after the date on which the bond was required to be submitted under this subchapter, the Department may determine the adequacy of bond amount requirements for municipal waste processing or disposal facilities and, if necessary, require additional bond amounts.(d) A request for reduction of the required bond will be considered a request for bond release under § 271.341 (relating to release of bonds).The provisions of this §271.332 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 § 271.328 (relating to trust funds for municipally operated landfills); and 25 Pa. Code § 271.341 (relating to release of bonds).