

     § 6113.  Effect of repeal of site-specific postclosure fund
                provisions.
        (a)  General rule.--Prior to certification of final closure
     and release by the Department of Environmental Protection of the
     landfill bond under the act of July 7, 1980 (P.L.380, No.97),
     known as the Solid Waste Management Act, and the regulations
     promulgated thereto, the trustee may release moneys from the
     trust to the county which established the trust upon written
     request from the county to the trustee in order for the county
     to spend the money to fund county conservation districts,
     protect farmland or accomplish any other purpose authorized by
     this chapter. Payment of debt service by a county on obligations
     issued to fund such purposes shall be deemed to be paid for a
     permitted purpose. Expenditure for farmland preservation must
     comply with the act of June 30, 1981 (P.L.128, No.43), known as
     the Agricultural Area Security Law.
        (b)  Limitations.--Moneys in a site-specific postclosure
     trust that have not been released to the county prior to
     certification of final closure and release of the landfill bond
     may be used only for remedial measures and emergency actions
     that are necessary to prevent or abate adverse effects upon the
     environment after closure of the landfill. The county may
     withdraw actual costs incurred in establishing and administering
     the trust in an amount not to exceed 0.5% of the moneys
     deposited in the trust. The trustee may release moneys for
     remedial measures and emergency actions only upon written
     request of the operator of a landfill and upon prior written
     approval by the Department of Environmental Protection. Such
     request shall include the proposed amount and purpose of the
     withdrawal and a copy of the Department of Environmental
     Protection's written approval of the expenditure. A copy of the
     request shall be provided to the county and the host
     municipality. A copy of any withdrawal document prepared by the
     trustee shall be provided to the Department of Environmental
     Protection, the county and the host municipality. No withdrawal
     from this trust for remedial measures and emergency actions may
     be made until after the Department of Environmental Protection
     has certified closure of the landfill. Moneys remaining in a
     trust subsequent to certification of final closure of the
     landfill and release of the landfill's bond shall be given to
     the county that established the trust for use in a manner
     consistent with this chapter.
        (c)  Applicability.--This section shall not apply to any
     county of the third class having a population under the 1990
     Federal Decennial Census of greater than 225,000 but less than
     242,500.

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Last modified: November 27, 2007