Where state DEQ requirements are not in effect, Title 40 of the Code of Federal Regulations (CFR) Part 258 offers the landfill bond requirements of municipal solid waste lanfils (MSWLs). The federal code also offers good general guidelines for the purpose and amount of this financial assurance requirement. Landfill bonds are guarantees of two different obligations; closure costs and post-closure monitoring and remediation. Per the U.S. Environmental Protection Agency, "All owners/operators of MSWLFs are required to demonstrate that they can pay for the required closure and post-closure care activities, and any corrective action that might become necessary due to releases of contaminants into the surrounding environment. EPA believes that requiring these financial assurance demonstrations ensures proper long term financial planning by owner/operators so that sites will be closed properly and maintained and monitored in a manner that protects human health and the environment."
Pursuant to 40 CFR §258.74(b), "An operator may obtain a payment or performance surety bond (landfill bond) from a surety company that guarantees that the owner/operator will pay for or perform all required closure and post-closure care. For corrective action, an operator may obtain a performance bond only. If the operator fails to meet the requirements specified in the bond, the surety company assumes liability and must pay for or perform all of the activities guaranteed by the landfill bond. When using a surety bond to demonstrate financial assurance, the operator also must establish a standby trust fund into which the surety company will make payments if the operator fails to comply with its financial responsibilities."
A closure bond or post-closure bond issued to meet federal requirements must be written by a surety company which appears on the U.S. Treasury's circular (T-List) of sureties approved for federal obligations. If written to meet state requirements, the surety must be issued by a surety holding a current certificate of authority within the state. Landfill bonds are not generally cancelable. They are often very long term obligations so we as underwriters pay careful attention to the landfill's viability in the "long term". Closure and postclosure activity may begin a decade or more after initial filing of the landfill bond.
Applying for a landfill bond should be accomplished through a surety underwriter with specific knowledge and experience with this class of obligation. One does not go to a podiatrist for brain surgery so we do not expect you to obtaining post closure or closure bonds from your auto insurance agent. We are surety bond "specialists". We offer both surety and fidelity bonds needed by MSWLs in all fifty states, Puerto Rico and the U.S. Virgin Islands. Questions about a landfill bond? Call us at (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for live chat.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.