Section 314. Regional Facility Protection Fund.
(a) Establishment and purpose.--There shall be established within the State Treasury a separate account to be known as the Regional Facility Protection Fund. All moneys in this fund are hereby appropriated to the department on a continuing basis for the following purposes:
(1) To pay claims for personal injury and property damage against the Commonwealth, host municipality and host county arising from their responsibilities under this act.
(2) To pay claims for personal injury and property damage against the regional facility licensee made at any time after the termination of the license arising from operation of the regional facility.
(b) Administration.--The Environmental Quality Board shall promulgate regulations, prepared by the department, to administer the Regional Facility Protection Fund. Such regulations shall include, but are not limited to, scope of coverage, further limits of liability, procedures for filing claims, presumptions and burdens of proof.
(c) Deposits.--All surcharges on waste disposed of at the regional facility under section 315(c)(1)(iv) and all interest earned thereon shall be deposited in the Regional Facility Protection Fund.
(d) Appeals.--All appeals from denial of a claim shall be to the Board of Claims. The department shall represent the Regional Facility Protection Fund in any such action.
Compiler's Note: Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those set forth in section 314.