§ 9-211. Financial assurance for landfills
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 9-211
§ 9-211. Financial assurance for landfills
(a)(1) Except for a sanitary landfill that is subject to § 9-211.1 of this subtitle, and as provided in paragraph (2) of this subsection, before the Secretary issues a permit for a landfill, incinerator, or transfer station to any private person, the applicant for the permit shall:
(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:
(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 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:
(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 hazards, nuisances, and pollution, the Department may release the security filed or deposited under this section before the end of the 5-year period specified in paragraph (1)(ii) of this subsection.
Application of bond proceeds, cash, or securities to the proper closing of a landfill, incinerator, or transfer station
(g)(1) The obligation of the holder of a permit for a landfill, incinerator, or transfer station and of any corporate surety under the bond shall become due and payable and any cash, securities, or bond proceeds shall be applied to payment of the costs of properly closing a landfill, incinerator, or transfer station only if the Department:
Credits
Added by Acts 1987, c. 612, § 2. Amended by Acts 1990, c. 332; Acts 1997, c. 224, § 1, eff. June 1, 1997; Acts 2004, c. 191, § 1, eff. Oct. 1, 2004; Acts 2014, c. 45, § 5.
MD Code, Environment, § 9-211, MD ENVIR § 9-211
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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