Section 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) Purpose.--The trust created for any landfill by this section 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. However, the county may withdraw actual costs incurred in establishing and administering the fund in an amount not to exceed 0.5% of the moneys deposited in the fund.
(c) Amount.--Each operator of a municipal waste landfill shall pay into the trust on a quarterly basis an amount equal to 25¢ per ton of weighed waste or 25¢ per three cubic yards of volume measured waste for all solid waste received at the landfill.
(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) Withdrawal of funds.--The trustee may release moneys from the trust only upon written request of the operator of a landfill 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 county and the host municipality. A copy of any withdrawal document prepared by the trustee shall be provided to the department, the county and the host municipality. No withdrawal from this trust may be made until after the department has certified closure of the landfill.
(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, 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) Surplus.--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 release of the bond by the department, be divided equally between the county and the host municipality.
(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.