Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.1107. Claims resulting from pollution occurrences

(1) Any permit application by a person other than a municipality or municipal authority under the Solid Waste Management Act for a municipal waste landfill or resource recovery facility shall certify that the applicant has in force or will, prior to the initiation of operations under the permit, have in force financial assurances for satisfying claims of bodily injury and property damage resulting from pollution occurrences arising from the operation of the landfill or facility.  Such financial assurances shall be in place until the effective date of closure certification under the Solid Waste Management Act and the regulations promulgated pursuant thereto, unless the department determines that the landfill or facility may continue to present a significant risk to the public health, safety and welfare or the environment.

(2) The form and amount of such financial assurances shall be specified by the department.  The required financial assurances may include, but are not limited to, the following:

(1) Any permit application by a municipality or municipal authority under the Solid Waste Management Act for a municipal waste landfill or resource recovery facility shall certify that the applicant has in force or will, prior to the initiation of operations under the permit, have in force financial assurances for satisfying claims of bodily injury and property damage resulting from pollution occurrences arising from the operation of the landfill or facility, to the extent that such claims are allowed by 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).  Such financial assurances shall be in place until the effective date of closure certification under the Solid Waste Management Act   1 and the regulations promulgated pursuant thereto, unless the department determines that the landfill or facility may continue to present a significant risk to the public health, safety and welfare or the environment.

(2) The form and amount of such financial assurances shall be specified by the department.  The required financial assurances may include, but are not limited to, the following:

(3) In no case shall the department establish minimum financial assurance amounts for a municipality that are greater than the damage limitations established in 42 Pa.C.S. Ch. 85 Subch. C.