§ 272.104. Operator withdrawals from trust fund.
(a) Withdrawals by the operator may not be made from the trust fund prior to certification by the Department of the closure of the landfill under § 273.203(d) (relating to certification). The Department will provide the trustee with a copy of the certification of closure.
(b) The trustee shall withdraw and pay over moneys from the trust fund to the operator only upon receipt of a written request of the operator. The trustee may not honor the written request of an operator unless the request has been approved by the Department. A payment from the trust to the operator may only be made for remedial measures and emergency actions required by the Department for prevention or abatement of adverse effects on the environment.
(c) Written requests by the operator to the Department for approval of withdrawal of moneys from the trust shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The date of closure of the facility.
(3) The closure plan for the facility under § 271.113 or § 273.192 (relating to closure plan; and closure plan), or the date the closure plan was previously submitted to the Department or approved by the Department.
(4) The total amount of the trust corpus, the amount of the withdrawal request and the amount that will remain in trust.
(5) A revised cost estimate for closure and postclosure care under § 271.331 (relating to bond and trust amount determination).
(6) A demonstration that the operator has inadequate financial resources to perform the remedial measures or emergency actions for which it is requesting the withdrawal and that the bond issued under the act has been exhausted.
(d) Written requests made by the operator to the trustee to withdraw and pay over moneys from the trust fund shall include the following:
(1) The amount requested to be withdrawn.
(2) The purpose of the withdrawal.
(3) A copy of the Department’s written approval.
(e) When the operator makes a request to the Department for approval of a withdrawal from the trust, the operator shall immediately provide a copy of the request to the county and to the municipality in which the landfill is located. When a written request to withdraw and pay over moneys from the trust fund is received by the trustee, the trustee shall immediately provide a copy of the request to the county and to the municipality in which the landfill is located.
(f) After the trustee receives notification of certification of closure from the Department, the trustee shall release moneys from a trust for a municipal waste landfill that operated prior to April 9, 1988, and closed shortly thereafter, if the landfill has no closure bond or a closure bond of less than $10,000 and has not been abandoned for the following postclosure activities, upon written request by the landfill operator and written approval by the Department:
(1) Placement of wells for water quality monitoring.
(2) Placement of gas control devices for gas monitoring.
(3) Placement of leachate collection and treatment system.
(4) Erosion and sedimentation control.
(5) Revegetation and regrading including maintenance of final cover.
(6) Access control.
(7) Other postclosure activities.
(g) The trustee, immediately on preparation, shall provide a copy of a document effectuating a withdrawal from the trust fund by the operator to the county, the municipality in which the landfill is located and the Department.
Source The provisions of this § 272.104 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226099) to (226100).
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