Section 287.332. Bond 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 according to § 287.333 (relating to failure to maintain adequate bond), or whenever additional bond amounts are required under this chapter, including § § 287.327 and 287.331 (relating to surety/collateral combination bond; and bond amount determination).

(b) The Department will require an operator to deposit additional bond amounts determined under § 287.331 when the existing bond does not meet the requirements of this subchapter for any reason, including 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, reissued, 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 a bond was required to be submitted under this subchapter, the Department may determine the adequacy of bond amount requirements for residual waste processing or disposal facilities and, if necessary, require additional bond amounts.

(d) A request for reduction of the required bond shall be considered a request for bond release under § 287.341 (relating to release of bonds).

The provisions of this § 287.332 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226542) and (250869).

Notation

Cross References

This section cited in 25 Pa. Code § 287.341 (relating to release of bonds).