(e) The bond or security deposit will · be established by the Regional Director in an amount equal to the estimated cost to accomplish all closure and postclosure care requirements as described in 40 CFR part 258, subpart F, but in no case less than $25,000.

(f) The responsibility and liability of the operator (and the surety, if any) under the bond or security deposit must continue until the Regional Director determines that closure and post-closure care have been completed in accordance with the permit requirements. No portion of the performance bond or security deposit may be released until such a determination has been made.

(g) Within 30 calendar days after the Regional Director determines that all closure and post-closure care requirements have been successfully completed according to the permit, the Regional Director will notify the operator (and the surety, if any) that liability under the bond or security deposit has been terminated and the bond or security deposit released.

86.11 Appeals.

(a) An applicant aggrieved by a decision of the Regional Director with regard to a permit request under this part may appeal, in writing, to the Director for reconsideration. The aggrieved applicant must file the appeal with the Director within 45 calendar days of notification to the applicant of the decision complained of. The appeal must set forth in detail the respects to which the decision of the Regional Director is contrary to, or in conflict with, the facts, the law, this part, or is otherwise in error.

(b)(1) Within 45 calendar days after receiving the written appeal of the aggrieved applicant, the Director will make a decision in writing. The Director's decision will include:

(i) A statement of facts;

(ii) A statement of conclusions; and (iii) an explanation of the reasons upon which the conclusions are based.

(2) The decision of the Director will constitute the final administrative action of the National Park Service. §6.12 Prohibited acts and penalties. (a) The following are prohibited:

(1) Operating a solid waste disposal site without a permit issued under §6.9 or, where applicable, without approval granted under §6.7(c);

(2) Operating a solid waste disposal site without the proper amount or form of bond or security deposit, as prescribed by the Regional Director, when such a bond or security deposit is required by this part;

(3) Operating a solid waste disposal site in violation of a term or a requirement of a National Park Service issued permit; or

(4) Operating a solid waste disposal site in violation of 40 CFR Parts 257 or 258, or in violation of the equivalent State law or regulation.

(b) A person who violates a provision of paragraph (a) of this section is subject to:

(1) The penalty provisions of 36 CFR 1.3; and/or

(2) Revocation of the permit by the Regional Director if a permit exists; and/or

(3) Forfeiture of a bond or security deposit if a bond or security deposit is required under § 6.10.

(c) The Regional Director must approve or deny a solid waste disposal site request under this part within 180 calendar days of receipt of the request. The 180 calendar days do not include any days required for consultation with State or Federal agencies under, but not limited to, the Endangered Species Act, the National Historic Preservation Act and the Coastal Zone Management Act, or days required to prepare an Environmental Impact Statement under the National Environmental Policy Act.

(d) If the Regional Director approves a solid waste disposal site request under §6.4, §6.5 or §6.6, the Regional Director may issue, after operator compliance with §6.10, a nontransferable permit, the term of which shall not exceed five years. The permittee may request a new five year permit upon expiration of an existing permit. The permit instrument will be Form 10-114 (OMB No. 1024-0026), Special Use Permit, available from the park Superintendent.

(e) A permit for a solid waste disposal site will prescribe the site capacity and the requirements under which the solid waste disposal site will be operated. The requirements must include, but are not limited to:

(1) Hours of operation;

(2) Number, frequency, size, gross weight and types of vehicles used, and access routes;

(3) Type and height of perimeter fencing;

(4) Compliance with all applicable Federal, State and local laws and regulations, including permit requirements;

(5) Type and frequency of groundwater, surface water, explosive gas and other pertinent natural resource monitoring;

(6) Rights and conditions of access for inspection by National Park Service and other responsible Federal, State or local officials;

(7) Closure and post-closure care requirements;

(8) Methods of pest and vermin control;

(9) Methods of excluding hazardous waste, municipal solid waste incinerator ash, lead-acid batteries, PCBs and PCB Items, material registered by the Environmental Protection Agency as a

52

pesticide, sludge from a waste tre ment plant or septic system, domes sewage, petroleum, including crankcase oil from a motor vehicle soil contaminated by such produ medical waste, radioactive mater and tires;

(10) Methods of excluding waste g erated from non-National Park Serv activities, except for a solid waste 2 posal site approved under §6.5, or §i or §6.7(c); and

(11) Methods of litter control.

(f) Any conflict between a requir ment of the permit issued by the N tional Park Service and a requireme of State or local law will be resolved: favor of the stricter of the two require ments.

§6.10 Financial assurance.

(a) The Regional Director will not re quire a bond or security deposit for å solid waste disposal site for which the operator has established a bond under 40 CFR 258.74(b).

(b) The Regional Director will not quire a bond or security deposit for solid waste disposal site whose o or operator is a State entity w debts and liabilities are the debts and liabilities of a State.

(c) Upon approval of a request to op erate a new, or continue an existing. solid waste disposal site, an operator who is not described in paragraphs (a) | or (b) of this section must file with the Regional Director a suitable performance bond with satisfactory surety, payable to the Secretary of the Interior or the Secretary's designee. The bond must be conditioned upon faithful compliance with all applicable laws and regulations, and the permit requirements as approved. When bonds are to serve as security, an operato must provide a power of attorney to the Secretary or the Secretary's designee. The bond must be issued by a surety company listed and approved by the Department of the Treasury.

(d) In lieu of a performance bond, an operator may deposit with the Secretary or the Secretary's designee cash or negotiable bonds of the United States Government. The cash deposit or the market value of such securities must be at least equal to the required sum of the bond(s).

(e) The bond or security deposit will e established by the Regional Director an amount equal to the estimated st to accomplish all closure and postosure care requirements as described 40 CFR part 258, subpart F, but in no se less than $25,000.

(f) The responsibility and liability of he operator (and the surety, if any) nder the bond or security deposit ust continue until the Regional Diector determines that closure and ost- closure care have been completed In accordance with the permit requirenents. No portion of the performance bond or security deposit may be reeased until such a determination has been made.

(g) Within 30 calendar days after the Regional Director determines that all closure and post-closure care requirements have been successfully completed according to the permit, the Regional Director will notify the operator (and the surety, if any) that liability under the bond or security deposit has been terminated and the bond or security deposit released.

§6.11 Appeals.

(a) An applicant aggrieved by a decision of the Regional Director with regard to a permit request under this part may appeal, in writing, to the Director for reconsideration. The aggrieved applicant must file the appeal with the Director within 45 calendar days of notification to the applicant of the decision complained of. The appeal must set forth in detail the respects to which the decision of the Regional Director is contrary to, or in conflict with, the facts, the law, this part, or is otherwise in error.

(b)(1) Within 45 calendar days after receiving the written appeal of the aggrieved applicant, the Director will make a decision in writing. The Director's decision will include:

(i) A statement of facts;

(ii) A statement of conclusions; and (iii) an explanation of the reasons upon which the conclusions are based. (2) The decision of the Director will constitute the final administrative action of the National Park Service. $6.12 Prohibited acts and penalties. (a) The following are prohibited:

(1) Operating a solid waste disposal site without a permit issued under §6.9 or, where applicable, without approval granted under §6.7(c);

(2) Operating a solid waste disposal site without the proper amount or form of bond or security deposit, as prescribed by the Regional Director, when such a bond or security deposit is required by this part;

(3) Operating a solid waste disposal site in violation of a term or a requirement of a National Park Service issued permit; or

(4) Operating a solid waste disposal site in violation of 40 CFR Parts 257 or 258, or in violation of the equivalent State law or regulation.

(b) A person who violates a provision of paragraph (a) of this section is subject to:

(1) The penalty provisions of 36 CFR 1.3; and/or

(2) Revocation of the permit by the Regional Director if a permit exists; and/or

(3) Forfeiture of a bond or security deposit if a bond or security deposit is required under § 6.10.

taxi-cabs, carrying passengers for hire on any portion of the Colonial Parkway. The fees for such permits shall be as follows:

(1) Annual permit for the calendar year: $3.50 for each passenger-carrying seat in the vehicle to be operated.

(2) Quarterly permit for a period beginning January 1, April 1, July 1, or October 1: $1 for each passenger-carrying seat in the vehicle to be operated.

(3) Permit good for one day, 5-passenger vehicle: $1.

(4) Permit good for one day, more than 5-passenger vehicle: $3.

[32 FR 16213, Nov. 28, 1967, as amended at 48 FR 30293, June 30, 1983]

§7.2 Crater Lake National Park.

(a) Fishing. Fishing in Crater Lake and park streams is permitted from May 20 through October 31.

(b) Boating. No private vessel or motor may be used on the waters of the park.

(c) Snowmobiles. Snowmobile use is permitted in Crater Lake National Park on the North Entrance Road from its intersection with the Rim Drive to the park boundary, and on intermittent routes detouring from the North Entrance Road as designated by the Superintendent and marked with snow poles and signs. Except for such designated detours marked with poles and signs, only that portion of the North Entrance Road intended for wheeled vehicle use may be used by snowmobiles. Such roadway is available for snowmobile use only when the designated roadway is closed to all wheeled vehicles used by the public.

snow

[34 FR 9751, June 24, 1969, as amended at 41 FR 33263, Aug. 9, 1976]

§7.3 Glacier National Park.

(a) Fishing. (1) Fishing regulations, based on management objectives described in the park's Resource Management Plan, are established annually by the Superintendent.

(2) The Superintendent may impose closures and establish conditions or restrictions, in accordance with the criteria and procedures of §§1.5 and 1.7 of this chapter, or any activity pertaining to fishing, including but not limited to,

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