Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.1108. Site-specific postclosure fund

(a) Establishment by county.--Each county shall establish an interest-bearing trust with an accredited financial institution for every municipal waste landfill that is operating within its boundaries. This trust shall be established within 60 days of the effective date of this act for landfills permitted by the department prior to the effective date of this act. The trust shall be established prior to the operation of any landfill permitted by the department after the effective date of this act. The requirement to establish a trust shall be satisfied by the submission to the department of a preexisting trust agreement which is substantially similar to the requirements of this section.

(b), (c) Repealed by 1999, Dec. 15, P.L. 949, No. 68, § 3(a), effective Dec. 31, 1999.

(d) Trustee.--The trustee shall manage the trust in accordance with all applicable laws and regulations, except that moneys in the trust shall be invested in a manner that will allow withdrawals as provided in subsection (f). The trustee shall be a person whose trust activities are examined and regulated by a State or Federal agency. The trustee may resign only after giving 120 days' notice to the department and after the appointment of a new trustee. The trustee shall have an office located within the county where the landfill is located.

(e) Trust agreement.--The provisions of the trust agreement shall be consistent with the requirements of this section and shall be provided by the operator of the landfill on a form prepared and approved by the department. The trust agreement shall be accompanied by a formal certification of acknowledgment.

(f) Repealed by 1999, Dec. 15, P.L. 949, No. 68, § 3(a), effective Dec. 31, 1999.

(g) Abandonment of trust.--If the department certifies to the trustee that the operator of a landfill has abandoned the operation of the landfill or has failed or refused to comply with the requirements of the Solid Waste Management Act,  1 the regulations promulgated pursuant thereto, any order issued pursuant thereto or the terms or conditions of its permit, in any respect, the trustee shall forthwith pay the full amount of the trust to the department. The department may not make such certification unless it has given 30 days' written notice to the operator, the county, and the trustee of the department's intent to do so.

(h) Use of abandoned trust.--The department shall expend all moneys collected pursuant to subsection (g) for the purposes set forth in subsection (b). The department may expend money collected from a trust for a landfill only for that landfill.

(i) Repealed by 1999, Dec. 15, P.L. 949, No. 68, § 3(a), effective Dec. 31, 1999.

(j) Duty under law.--Nothing in this section shall be understood or construed to in any way relieve the operator of a municipal waste landfill of any duty or obligation imposed by this act, the Solid Waste Management Act, any other act administered by the department, any order issued pursuant thereto, the regulations promulgated pursuant thereto or the terms or conditions of any permit.

(k) Other remedies.--The remedies provided to the department in this section are in addition to any other remedies provided at law or in equity.

(l) County not liable.--Nothing in this section shall be understood or construed as imposing any additional responsibility or liability upon the county for compliance of a municipal waste landfill or resource recovery facility with the requirements of this act, the Solid Waste Management Act and the regulations promulgated pursuant thereto.