Section 4000.1109 - Trust fund for municipally operated landfills(a)Establishment of trust.--Except as provided in subsection (b), each municipality or municipal authority operating a landfill solely for municipal waste not classified hazardous shall establish an interest-bearing trust with an accredited financial institution. 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.(b)Exemption.--Any municipality or municipal authority that has posted a bond that is consistent with the provisions of the Solid Waste Management Act and the regulations promulgated pursuant thereto shall not be required to establish the trust set forth in this section.(c)Purpose.--The trust created for any landfill by this section may be used only for completing final closure of the landfill according to the permit granted by the department under the Solid Waste Management Act and taking such measures as are necessary to prevent adverse effects upon the environment. Such measures include, but are not limited to, satisfactory monitoring, postclosure care and remedial measures.(d)Amount.--Each municipality or municipal authority operating a landfill solely for municipal waste not classified hazardous shall pay into the trust on a quarterly basis an amount determined by the department for each ton or cubic yard of solid waste disposed of at the landfill. This amount shall be based on the estimated cost of completing final closure of the landfill and the weight or volume of waste to be disposed at the landfill prior to closure.(e)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 (g). 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.(f)Trust agreement.--The provisions of the trust agreement shall be consistent with the requirements of this section and shall be provided by the municipality or municipal authority on a form prepared and approved by the department. The trust agreement shall be accompanied by a formal certification of acknowledgment.(g)Withdrawal of funds.--The trustee may release moneys from the trust only upon written request of the municipality or municipal authority and upon prior written approval by the department. Such request shall include the proposed amount and purpose of the withdrawal and a copy of the department's written approval of the expenditure. A copy of the request shall be provided to the host municipality. A copy of any withdrawal document prepared by the trustee shall be provided to the department and to the host municipality. No withdrawal from this trust may be made until after closure of the landfill.(h)Abandonment of trust.--If the department certifies to the trustee that the municipality or municipal authority has abandoned the operation of the landfill or has failed or refused to comply with the requirements of the Solid Waste Management Act or the regulations promulgated pursuant thereto 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 municipality or municipal authority and the trustee of the department's intent to do so.(i)Use of abandoned trust.--The department shall expend all moneys collected pursuant to subsection (h) for the purposes set forth in subsection (c). The department may expend money collected from a trust for a landfill only for that landfill.(j)Surplus.--Except for trusts that have been abandoned as provided in subsection (h), any moneys remaining in a trust subsequent to final closure of a landfill under the Solid Waste Management Act and the regulations promulgated pursuant thereto shall, upon certification of final closure by the department, be returned to the municipality or municipal authority.(k)Duty under law.--Nothing in this section shall be understood or construed to in any way relieve the municipality or municipal authority of any duty or obligation imposed by this act, the Solid Waste Management Act, any other act administered by the department, the regulations promulgated pursuant thereto, any order issued thereto or the terms or conditions of any permit.(l)Other remedies.--The remedies provided to the department in this section are in addition to any other remedies provided at law or in equity. 1988, July 28, P.L. 556, No. 101, § 1109, effective in 60 days.