Section 287.333. 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 in accordance with the schedule submitted under § 287.326 (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 residual waste processing and disposal activities conducted by the operator. The Department may take additional actions that may be 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 State Treasurer who shall hold it in trust in the name of the Commonwealth until the Department determines that the bonds would otherwise be released under § 287.341 (relating to release of bonds), or that there are other grounds for forfeiture under § 287.351 (relating to forfeiture determination).

(1) If the bonds are releasable, the monies may be returned to the surety or operator, as appropriate, in a manner and under conditions as 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 § 287.352 (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 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 according to this subchapter. If the operator fails to correct the violation within 45 days of this notice, the Department will issue a cessation order for the operator’s and related parties’ permits. The Department may take other action as may be 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 operating a residual waste disposal or processing facility under § 287.311 (relating to new facilities).

Notation

Cross References

This section cited in 25 Pa. Code § 287.332 (relating to bond amount adjustments).