Section 287.351. Forfeiture determination

The Department will forfeit a collateral or surety bond when it determines that one or more of the following has occurred:

(1) The operator has violated or continues to violate a term or condition of the bond.

(2) The operator fails or refuses to comply with the act, the environmental protection acts, this title, an order of the Department, the terms or conditions of the permit or the closure plan.

(3) The permit for the facility under bond has been suspended or revoked.

(4) The operator has failed to comply with a compliance schedule in an adjudicated proceeding, consent order or agreement approved by the Department under the act.

(5) The Department determines that the operator cannot demonstrate or prove its intention or the ability to continue to operate in compliance with the act, the environmental protection acts, this title or the conditions of the permit.

(6) The operator has failed or continues to fail to take measures determined necessary by the Department to prevent adverse effects upon the environment.

(7) The operator has abandoned the facility without providing closure or postclosure care or without obtaining final closure certification, or has otherwise failed to properly achieve final closure of the facility under the requirements of the act, the environmental protection acts, this title, the terms and conditions of the permit or orders of the Department.

(8) The operator fails or refuses to comply with closure, postclosure or final closure measures according to schedules or plans approved by the Department.

(9) The operator or financial institution has become insolvent, had a delinquency proceeding initiated under Article V of The Insurance Department Act of one thousand nine hundred and twenty-one (40 P. S. § § 221.1—221.63), had 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 permittee has attached or executed a judgment against the permittee’s equipment, materials, or facilities at the permit area or on the collateral pledged to the Department; and the operator or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with the act, the environmental protection acts, this title, the terms and conditions of the permit or orders of the Department.

Notation

Cross References

This section cited in 25 Pa. Code § 287.321 (relating to special terms and conditions for surety bonds); 25 Pa. Code § 287.321 (relating to special terms and conditions for surety bonds); 25 Pa. Code § 287.333 (relating to failure to maintain adequate bond); and 25 Pa. Code § 287.375 (relating to maintenance of insurance coverage).