Section 4000.1107 - Claims resulting from pollution occurrences(a)Financial responsibility.--(1) Any permit application by a person other than a municipality or municipal authority under the Solid Waste Management Act for a municipal waste landfill or resource recovery facility shall certify that the applicant has in force or will, prior to the initiation of operations under the permit, have in force financial assurances for satisfying claims of bodily injury and property damage resulting from pollution occurrences arising from the operation of the landfill or facility. Such financial assurances shall be in place until the effective date of closure certification under the Solid Waste Management Act and the regulations promulgated pursuant thereto, unless the department determines that the landfill or facility may continue to present a significant risk to the public health, safety and welfare or the environment.(2) The form and amount of such financial assurances shall be specified by the department. The required financial assurances may include, but are not limited to, the following: (i) Commercial pollution liability insurance.(ii) A secured standby trust to become self-insured that satisfies a financial test established by regulation.(iii) A trust fund financed by the person and administered by an independent trustee approved by the department.(b)Municipal financial responsibility.--(1) Any permit application by a municipality or municipal authority under the Solid Waste Management Act for a municipal waste landfill or resource recovery facility shall certify that the applicant has in force or will, prior to the initiation of operations under the permit, have in force financial assurances for satisfying claims of bodily injury and property damage resulting from pollution occurrences arising from the operation of the landfill or facility, to the extent that such claims are allowed by 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties). Such financial assurances shall be in place until the effective date of closure certification under the Solid Waste Management Act and the regulations promulgated pursuant thereto, unless the department determines that the landfill or facility may continue to present a significant risk to the public health, safety and welfare or the environment.(2) The form and amount of such financial assurances shall be specified by the department. The required financial assurances may include, but are not limited to, the following:(i) Commercial pollution liability insurance.(ii) A trust fund financed by the municipality and administered by an independent trustee approved by the department.(iii) An insurance pool or self-insurance program authorized by 42 Pa.C.S. § 8564 (relating to liability insurance and self-insurance).(3) In no case shall the department establish minimum financial assurance amounts for a municipality that are greater than the damage limitations established in 42 Pa.C.S. Ch. 85 Subch. C.(c)Liability limited.--A host municipality or county or municipality within the planning area may not be held liable for bodily injury or property damage resulting from pollution occurrences solely by reasons of participation in the preparation or adoption of a county or municipal solid waste plan. Nothing herein shall be construed to prevent any host municipality, county or municipality within the planning area from obtaining or giving such indemnities as may be appropriate in connection with the ownership, operation or control of a municipal solid waste facility.(d)Effect on tort claims.--Nothing in this act shall be construed or understood as in any way modifying or affecting the provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C. 1988, July 28, P.L. 556, No. 101, § 1107, effective in 60 days.