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Session Laws, 2004
Volume 801, Page 743   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 191

(b)     (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)     A bond filed under this section shall be payable to the governing body of
the political subdivision where the landfill, incinerator, or transfer station will be
located.

(d)     (1) Except as provided in paragraph (3) of this subsection, for a landfill:

(i) A UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR
REGULATION, A bond filed under this section shall be in the amount of $5,000 $10,000
for each acre of land to which the permit applies, but not less than $125,000 $250,000;

(ii) Cash deposited under this section shall be not less than the
amount specified in paragraph (1)(i) of this subsection; and

(iii) The market value of other security deposited under this section
shall be not less than the amount specified in paragraph (1)(i) of this subsection.

(2)     For an incinerator or transfer station, the Department shall establish
the amount of the security required by this section.

(3)     (i) This paragraph does not apply to a rubble landfill.

(ii) For sanitary landfills that are restricted to acceptance of land
clearing debris specified in regulations of the Department, a bond filed under this
section shall be in the amount of [$2,000] $3,000 for each acre of land to which the
permit applies, with a minimum amount of security of [$25,000] $50,000.

(e)     Both the applicant for a permit and a corporate surety licensed to do
business in this State shall execute any bond filed under this section.

(f)      [(1) Except as provided in paragraph (2) of this subsection, the ] THE
term of any bond filed under this section and the time during which cash or other
security must remain on deposit under this section is:

[(i)] (1) The duration of the operation of the landfill, incinerator,
or transfer station; and

[(ii)](2) An additional [5]10 years after the closing of the landfill,
incinerator, or transfer station.

[(2) If the Department has assurances that the landfill, incinerator, or
transfer station has been closed in a manner that prevents erosion, health and safety

- 743 -

 

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Session Laws, 2004
Volume 801, Page 743   View pdf image
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