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25 Pa. Code § 271.376. Maintenance of insurance coverage.

§ 271.376. Maintenance of insurance coverage.

 (a)  The operator shall maintain insurance policy coverage in full force continuously during operation of the municipal waste processing or disposal facility until final closure certification.

 (b)  The operator shall submit proof of insurance under §  271.374 (relating to proof of insurance coverage) 30 days prior to the expiration of the current policy, or annually on the anniversary date of the issuance of a permit or other authorization to operate the facility, whichever is sooner. If the operator fails to submit adequate proof of insurance coverage, the Department may issue a notice of violation to the operator 30 days prior to the expiration date or anniversary date of the permit or other authorization, requiring submittal of proof of insurance under §  271.374 within 15 days of the notice.

 (c)  The insurer may cancel or otherwise terminate an insurance policy by sending 60 days, or another period as may be authorized by the Insurance Department, prior written notice to the Department and the operator of the insurer’s intention to cancel or otherwise terminate the insurance policy. The notice shall be sent to the Department and the insured by certified mail, return receipt requested. Prior to the cancellation or termination becoming effective, the operator shall provide the Department with proof of a replacement insurance policy sufficient to meet the requirements of this subchapter.

 (d)  If the operator fails to submit acceptable proof of insurance under §  271.375 (relating to additional insurance coverage) or this section within the stated time periods, the Department may take the following actions:

   (1)  Issue a notice of violation of the requirement to maintain insurance.

   (2)  Issue an order requiring the operator to submit proof of insurance.

   (3)  Issue a cease order to the operator.

   (4)  Forfeit the existing bonds under §  271.351 (relating to forfeiture determination). The proceeds of the forfeited bonds will be held by the Department in an appropriate account established by the Department for the purposes of the insurance requirement under this subchapter, until the operator submits acceptable proof of insurance coverage or the insurance requirement does not apply, whichever is earlier. Upon submittal of proof of insurance acceptable to the Department, the operator may apply to the Department for return of the proceeds of the forfeited bonds held by the Department. Nothing in this subsection relieves the operator of its duty to maintain in full force a bond as required by this subchapter and acceptable proof of an insurance policy as required by this subchapter.


   The provisions of this §  271.376 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179. Immediately preceding text appears at serial pages (126162) to (126163).

Cross References

   This section cited in 25 Pa. Code §  271.371 (relating to insurance requirement); 25 Pa. Code §  271.377 (relating to insurance pool); and 25 Pa. Code §  271.392 (relating to commercial insurance; general requirements—persons other than municipalities and municipal authorities).

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