WILLIAM DONALD SCHAEFER, Governor                   Ch. 612

9-211. SAME — REQUIREMENTS FOR SECURITY.

(A)  SECURITY REQUIRED FROM PRIVATE PERSONS; EXEMPTIONS.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, BEFORE THE DEPARTMENT SECRETARY ISSUES A PERMIT FOR A
LANDFILL, INCINERATOR, OR TRANSFER STATION TO ANY PRIVATE PERSON,
THE APPLICANT FOR THE PERMIT SHALL:

(I)  FILE WITH THE DEPARTMENT A BOND IN ON THE
FORM THAT THE DEPARTMENT REQUIRES PROVIDES; OR

(II)  DEPOSIT WITH THE GOVERNING BODY OF THE
LOCAL JURISDICTION WHERE THE LANDFILL, INCINERATOR, OR TRANSFER
STATION WILL BE LOCATED CASH, NEGOTIABLE BONDS' OF THE FEDERAL
GOVERNMENT OR THIS STATE, OR ANY OTHER SECURITY THAT THE
DEPARTMENT APPROVES.

(2)  THE SECRETARY MAY ADOPT REGULATIONS TO EXEMPT ANY
LEGITIMATE RECYCLING OR RECLAMATION FACILITY FROM THE
REQUIREMENTS OF THIS SECTION.

(B)  OBLIGATION OF SECURITY.

(1)  THE OBLIGATION OF A BOND FILED UNDER THIS SECTION
SHALL BE SO CONDITIONED AS TO BE VOID ON THE CLOSING OF THE
LANDFILL, INCINERATOR, OR TRANSFER STATION IN A MANNER THAT
PREVENTS EROSION, HEALTH AND SAFETY HAZARDS, NUISANCES, AND
POLLUTION.

(2)  THE LOCAL GOVERNING BODY THAT RECEIVES A DEPOSIT
OF CASH OR OTHER SECURITY UNDER THIS SECTION SHALL HOLD THE
SECURITY IN TRUST IN THE NAME OF THE LOCAL JURISDICTION TO ASSURE
THE CLOSING OF THE LANDFILL, INCINERATOR, OR TRANSFER STATION IN
A MANNER THAT PREVENTS EROSION, HEALTH AND SAFETY HAZARDS,
NUISANCES, AND POLLUTION.

(C)  BOND PAYABLE TO GOVERNING BODY OF POLITICAL
SUBDIVISION.

A BOND FILED UNDER THIS SECTION SHALL BE PAYABLE TO THE
GOVERNING BODY OF THE LOCAL JURISDICTION POLITICAL SUBDIVISION
WHERE THE LANDFILL, INCINERATOR, OR TRANSFER STATION WILL BE
LOCATED.

(D)  AMOUNT OF SECURITY.

(1) FOR A LANDFILL:

(I) A BOND FILED UNDER THIS SECTION SHALL BE IN
THE AMOUNT OF $5,000 FOR EACH ACRE OF LAND TO WHICH THE PERMIT
APPLIES, BUT NOT LESS THAN $125,000;

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