PUBLIC LIABILITY INSURANCE REQUIREMENTS

1. (a) A person or municipality that has not submitted proof of insurance under the act may not dispose or process municipal waste unless the person or municipality has in effect financial assurances providing for ordinary liability and covering third-party claims for property damage and bodily injury as provided by this section.

2. (b) An applicant for a permit to conduct municipal waste processing or disposal activities, and a person or municipality that submits a closure plan under § 271.113 (relating to closure plan), shall submit to the Department proof that it has in effect financial assurances providing for ordinary liability covering third-party claims for property damage and bodily injury.

   1. (1) The insurance policy shall be effective prior to the initiation of municipal waste processing or disposal activities under the permit, or, for a closure plan submitted under § 271.113, prior to the initiation of the closure plan.
   2. (2) The Department may accept as proof of insurance an insurance policy issued to a person or municipality that operates the facility who is not the permittee, in lieu of a policy issued to the permittee, if the insurance policy meets the requirements of this subchapter.

3. (c) An applicant for a permit for a municipal waste processing or disposal facility shall fulfill the requirement under this section by means of commercial insurance as specified in this section and § § 271.372—271.376. An applicant which is a municipality or municipal authority, applying for a permit for a municipal waste processing or disposal facility which will be owned and operated by the applicant may fulfill the requirement under this section by either of the following additional means:

   1. (1) An insurance pool, as specified in § 271.377 (relating to insurance pool).
   2. (2) Self-insurance, as specified in § 271.378 (relating to self-insurance).
4. (d) An applicant for a permit for a municipal waste processing or disposal facility owned and operated by a department or an agency of the United States or the Commonwealth may fulfill the requirement under this section by means of commercial insurance as specified in this section and § § 271.372—271.376, self-insurance allowed by Federal or state law, or additional means approved by the Department. The minimum amount of liability coverage for departments and agencies of the Commonwealth may not exceed the liability limits of 42 Pa.C.S. Chapter 85 (relating to matters affecting government units).
5. (e) Permit applications for new facilities shall certify that the applicant has in force, or will, prior to initiation of operations, financial assurance that complies with the requirements of this subchapter.

Source

The provisions of this § 271.371 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 (126158) to (126159).

Cross References

This section cited in 25 Pa. Code § 271.377 (relating to insurance pool); 25 Pa. Code § 271.378 (relating to self-insurance); 25 Pa. Code § 271.379 (relating to combination of financial assurance requirements); 25 Pa. Code § 271.388 (relating to insurance pool—municipalities and municipal authorities); 25 Pa. Code § 271.392 (relating to commercial insurance; general requirements—persons other than municipalities and municipal authorities); 25 Pa. Code § 273.313 (relating to annual operation report); 25 Pa. Code § 275.222 (relating to annual operation report); 25 Pa. Code § 277.312 (relating to annual operation report); 25 Pa. Code § 279.252 (relating to annual operation report); 25 Pa. Code § 281.272 (relating to annual operation report); and 25 Pa. Code § 283.262 (relating to annual operation report).