6113 - Effect of repeal of site-specific postclosure fund provisions.

     § 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.