|(a) An owner or operator may satisfy the requirements of financial
assurance by obtaining a surety bond which conforms to the requirements of
this section, in addition to the requirements specified in Subchapters A and
B of this chapter (relating to General Financial Assurance Requirements and
Financial Assurance Requirements for Closure, Post Closure, and Corrective
Action), and submitting an originally signed surety bond to the executive
(b) The surety company issuing the bond must, at a minimum,
be among those listed as acceptable sureties on Federal bonds in Circular
570 of the United States Department of the Treasury.
(c) The wording of the surety bond must be identical to the
wording specified in §37.311 of this title (relating to Payment Bond).
(d) The bond must guarantee that the owner or operator shall:
(1) fund the standby trust fund as required in §37.161
of this title (relating to Establishment of a Standby Trust) in an amount
equal to the penal sum of the bond before the beginning of final closure of,
or corrective action at, the facility;
(2) fund the standby trust fund as required in §37.161
of this title in an amount equal to the penal sum within 15 days after an
administrative order to begin final closure or corrective action issued by
the executive director becomes final, or within 15 days after an order to
begin final closure or corrective action is issued by the United States district
court or other court of competent jurisdiction; or
(3) provide alternate financial assurance as specified
in this subchapter, and obtain the executive director's written approval of
the assurance provided, within 90 days after receipt by both the owner or
operator and the executive director of a notice of cancellation of the bond
from the surety.
(e) Under the terms of the bond, the surety shall become liable
on the bond obligation when the owner or operator fails to perform as guaranteed
by the bond.
(f) The penal sum of the bond must be in an amount at least
equal to the current cost estimate, except as provided in §37.41 of this
title (relating to Use of Multiple Financial Assurance Mechanisms), §37.51
of this title (relating to Use of a Financial Assurance Mechanism for Multiple
Facilities), or §37.52 of this title (relating to Use of a Universal
Financial Assurance Mechanism for Multiple Facilities and Program Areas).
(g) Under the terms of the bond, the surety may cancel the
bond by sending notice of cancellation by certified mail to the owner or operator
and to the executive director. Cancellation may not occur, however, during
the 120 days beginning on the date of receipt of the notice of cancellation
by both the owner or operator and the executive director, as evidenced by
the return receipts.