Current through Register Vol. 54, No.43, October 26, 2024
Section 271.333 - Failure to maintain adequate bond(a) The operator shall maintain a bond in an amount and with sufficient guarantees as provided by this subchapter.(b) If a permittee fails to post additional bond within 90 days after receipt of a demand by the Department for additional bond amounts under this subchapter or fails to make timely deposits of bond under the schedule submitted under § 271.326 (relating to phased deposit of collateral), the Department will take appropriate enforcement action, including issuing of a notice of violation to the operator. If the operator fails to deposit the required bond amount within 15 days of a notice of violation, the Department will issue a cessation order for the municipal waste processing and disposal activities conducted by the operator. The Department may take additional actions that are appropriate, including suspending or revoking permits and assessment of civil penalties.(c) Failure of the operator to maintain adequate bond under this chapter constitutes grounds for forfeiture of the existing bonds filed with the Department. Monies collected on bonds forfeited under this section shall be deposited with the Treasurer of the Commonwealth, who shall hold the same in the name of the Commonwealth until the Department determines that the bonds would otherwise be released under § 271.341 (relating to release of bonds), or that there are other grounds for forfeiture under § 271.351 (relating to forfeiture determination). (1) If the bonds are releasable, the moneys may be returned to the surety, banking institution or operator, as appropriate, in a manner and under conditions determined by the Department.(2) If there are other grounds for forfeiture, the Department will deposit the collected monies into the Solid Waste Abatement Fund for the purposes specified in § 271.352 (relating to forfeiture procedures).(d) If a surety company that had provided surety bonds, or a bank that had provided certificates of deposit or letters of credit for an operator, fails in business, enters into bankruptcy or liquidation, has its license suspended or revoked or for other reasons indicates an inability or unwillingness to provide an adequate financial guarantee of the obligations under the bond, the Department will take appropriate enforcement action, including issuance of a notice of violation to the operator requiring that acceptable replacement bonds be submitted for affected permits under this subchapter. If the operator fails to correct the violation within 45 days of notice, the Department will issue a cessation order for the operator's and related parties' permits. The Department may take other action as is appropriate. This subsection does not excuse the operator from the requirements of this subchapter, including the requirement to file a bond approved by the Department prior to conducting municipal waste disposal or processing activities under § 271.311 (relating to new facilities).The provisions of this §271.333 adopted April 8, 1988, effective 4/9/1988, 18 Pa.B. 1681. This section cited in 25 Pa. Code § 271.332 (relating to bond and trust amount adjustments).