Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
Department will forfeit the bond for a hazardous waste storage, treatment or
disposal facility when it determines that any of the following occur:
(1) The owner or operator fails and continues
to fail to conduct the hazardous waste storage, treatment or disposal
activities in accordance with this article, the act, the statutes in section
505(a) of the act (35 P. S. §
6018.505(a)), the terms and
conditions of the permit or orders of the Department.
(2) The owner or operator abandons the
facility without providing closure or postclosure care, or otherwise fails to
properly close the facility in accordance with this article, the act, the
statutes in section 505(a) of the act, the terms and conditions of the permit
or orders of the Department.
(3)
The owner or operator fails, and continues to fail to take those measures
determined necessary by the Department to prevent effects upon the environment
before, during and after closure and postclosure care.
(4) The owner or operator or financial
institution becomes insolvent, fails in business, is adjudicated bankrupt, a
delinquency proceeding is initiated under Article V of The Insurance Department
Act of 1921 (40 P. S. §§ 221.1-221.63), files a petition in
bankruptcy, in liquidation, for dissolution or for a receiver, or has a
receiver appointed by the court, or had action initiated to suspend, revoke or
refuse to renew the license or certificate of authority of the financial
institution, or a creditor of the owner or operator attaches or executes a
judgment against the owner's or operator's equipment, materials or facilities
at the permit area or on the collateral pledged to the Department; and the
owner or operator or financial institution cannot demonstrate or prove the
ability to continue to operate in compliance with this article, the act, the
statutes in section 505(a) of the act, the terms and conditions of the permit
and orders of the Department.
(b) If the Department determines that bond
forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the
owner or operator, the host municipality and the surety on the bond, if any, of
the Department's determination to forfeit the bond and the reasons for the
forfeiture.
(2) Advise the owner or
operator and surety, if any, of their right to appeal to the EHB under section
1921-A of The Administrative Code of 1929 (71 P. S. §
510-21).
(3) Proceed to collect on the bond as
provided by applicable statutes for the collection of defaulted bonds or other
debts.
(4) Deposit all money
collected from defaulted bonds into the Solid Waste Abatement Fund. Use moneys
received from the forfeiture of bonds, and interest accrued, first to
accomplish final closure of, and to take steps necessary and proper to remedy
and prevent adverse environmental effects from the facility upon which
liability was charged on the bonds. Excess moneys may be used for other
purposes consistent with the Solid Waste Abatement Fund and the act.
(5) Forfeit all bond deposited for the
facility, including all additional amounts of bond posted for the
facility.
The provisions of this §265a.168 amended under sections
105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
6018.105,
6018.402 and
6018.501); sections 303 and
305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
6020.303 and
6020.305(e)(2)); section 5,
402 and 501 of The Clean Streams Law (35 P. S. §§
691.5,
691.402 and
691.501); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §§
510-20).
This section cited in 25 Pa. Code §
265a.155 (relating to special
terms and conditions for surety bonds); 25 Pa. Code §
265a.156 (relating to special
terms and conditions for collateral bonds and bonds pledging corporate
guarantee for closure); and 25 Pa. Code §
265a.166 (relating to closure and
postclosure certification).
