§ 271.343. Withdrawals from municipal trust.
(a) Except for purposes of investing and reinvesting the moneys in the trust fund by the trustee, no withdrawals may be made from the trust fund prior to certification by the Department of the abandonment of the landfill under § 271.351 (relating to forfeiture determination) or prior to the certification of closure of the landfill under § 273.203(a)(10) (relating to certification). The Department will provide the trustee with a copy of the certification of abandonment.
(b) The trustee shall withdraw and pay over moneys from the trust fund only upon receipt of a written request of the municipality or municipal authority. The trustee may not honor the written request of the municipality or municipal authority unless it has been approved by the Department.
(c) Written requests to the Department to withdraw and pay over moneys from the trust fund to the operator shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The total amount of the trust corpus for the facility, the amount of the withdrawal request and the balance remaining in the trust.
(3) A detailed explanation of why the withdrawal is requested, including, but not limited to, completion of a stage of postclosure as defined in the closure plan or otherwise discernible upon inspection of the facility, completion of postclosure remedial measures, abatement measures taken and amendments to the permit or changes in the facts or assumptions made during the trust corpus amount determination.
(4) A revised cost estimate for closure and postclosure care under § 271.331 (relating to bond and trust amount determination) based on the costs to complete final closure after the completion of the activities specified in the request as detailed in paragraph (3).
(d) Written requests made of the trustee to withdraw and pay over moneys from the trust fund shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The total amount of the trust corpus for the facility, the amount of the withdrawal request and the balance remaining in trust.
(3) A copy of the Department’s written approval.
(e) When a written request to terminate or withdraw and pay over moneys from the trust fund is received by the trustee or the Department, the recipient shall immediately provide a copy of the request to the municipality in which the landfill is located.
(f) The trustee, immediately on preparation, shall provide a copy of a document effectuating a withdrawal from the trust fund to the Department and to the municipality in which the landfill is located.
(g) The Department will notify the trustee, in writing, of the Department’s certification of final closure of the landfill under § 271.342 (relating to final closure certification). Upon receipt of this notification, the trustee shall take the necessary steps to terminate the trust fund. Upon termination of the trust fund, remaining trust property, less final trust administration expenses of the trustee, shall be returned to the settlor municipality or municipal authority.
Source The provisions of § 271.343 adopted September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (208086) to (208087).
Cross References This section cited in 25 Pa. Code § 271.328 (relating to trust fund for municipally operated landfills); and 25 Pa. Code § 271.341 (relating to release of bonds).
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