HARRY HUGHES, Governor                              2185

THE LANDFILL IS TO BE LOCATED, AND THE OBLIGATION OF THE
BOND SHALL BE CONDITIONED UPON THE CLOSING AND COVERING OF
THE LANDFILL IN A MANNER THAT PREVENTS EROSION, HEALTH AND
SAFETY HAZARDS, NUISANCES, AND POLLUTION. THE BOND SHALL BE
IN THE AMOUNT OF $1,000 FOR EACH ACRE OF LAND FOR WHICH THE
PERMIT IS TO BE APPLIED, BUT IN NO EVENT LESS THAN $25,000.
LIABILITY UNDER THE BOND SHALL BE FOR THE DURATION OF THE
ACTUAL OPERATION OF THE LANDFILL AND FOR A PERIOD OF 5 YEARS
AFTER THAT UNLESS RELEASED EARLIER BY THE DEPARTMENT UPON
RECEIPT OF ASSURANCE THAT THE LANDFILL HAS BEEN CLOSED AND
COVERED IN THE REQUIRED MANNER. THE BOND SHALL BE EXECUTED
BY THE APPLICANT AND BY A CORPORATE SURETY LICENSED TO DO
BUSINESS IN THIS STATE. IN LIEU OF HAVING A BOND EXECUTED BY
A CORPORATE SURETY, THE APPLICANT MAY ELECT TO DEPOSIT, WITH
THE LOCAL GOVERNING BODY, CASH OR NEGOTIABLE BONDS OF THE
FEDERAL GOVERNMENT OR OF THIS STATE OR ANY OTHER SECURITIES
ACCEPTABLE TO THE DEPARTMENT. THE AMOUNT OF THE CASH DEPOSIT
OR THE MARKET VALUE OF ANY SECURITIES SHALL BE AT LEAST
EQUAL TO THE REQUIRED SUM OF THE BOND. THE LOCAL GOVERNING
BODY SHALL RECEIVE AND HOLD ANY SUCH CASH OR SECURITIES IN
THE NAME OF THE APPROPRIATE SUBDIVISION, IN TRUST, FOR THE
PURPOSES FOR WHICH THE DEPOSIT IS POSTED. THE OBLIGATION OF
THE APPLICANT AND OF ANY CORPORATE SURETY UNDER THE BOND
SHALL BECOME DUE AND PAYABLE, AND ALL OR ANY PART OF ANY
CASH OR SECURITIES SHALL BE APPLIED TO PAYMENT OF THE COSTS
OF PROPERLY CLOSING AND COVERING A LANDFILL ONLY IF THE
DEPARTMENT HAS:

(1) NOTIFIED THE APPLICANT AND ANY CORPORATE
SURETY THAT THE LANDFILL HAS NOT BEEN CLOSED OR COVERED IN A
MANNER THAT PREVENTS EROSION, HEALTH AND SAFETY HAZARDS,
NUISANCES, AND POLLUTION, SPECIFYING IN THE NOTICE THE
PARTICULAR DEFICIENCIES IN THE CLOSING OR COVERING OF THE
LANDFILL TO BE CORRECTED;

(2) GIVEN THE APPLICANT AND ANY CORPORATE SURETY
A REASONABLE OPPORTUNITY TO CORRECT THE DEFICIENCIES AND TO
CLOSE AND COVER THE LANDFILL IN ACCORDANCE WITH THE
STANDARDS ADOPTED BY THE DEPARTMENT; AND

(3) AUTHORIZED THE LOCAL GOVERNING BODY TO CLOSE
AND COVER THE LANDFILL PROPERLY IN ACCORDANCE WITH THE
STANDARDS ADOPTED BY THE DEPARTMENT.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 394B.

The only changes are in style.

9-214. FUNDS TO COMPLY WITH ORDER OF SECRETARY.

(A) IN GENERAL.

THE STATE, OR ANY COUNTY, LEGALLY CONSTITUTED PUBLIC
WATER, SEWERAGE, OR SANITARY DISTRICT, OR ANY MUNICIPALITY