§ 272.107. Abandonment of the facility.
(a) The Department will certify to the trustee, in writing, the abandonment of the landfill by the operator, or the failure or refusal of the operator to comply with the requirements of the act, the environmental protection acts, regulations thereunder, the terms and conditions of the permit or orders of the Department. The Department will not make the certification sooner than 30 days after the Department has provided written notice to the operator, the county and the trustee of the Department’s intention to make the certification.
(b) Upon the trustee’s receipt of the certification, rights, title and interest in the property of the trust will be vested in the Department. The Department may direct the trustee to make disbursements from the trust fund necessary to prevent or abate adverse effects in the environment, or direct the trustee to take the necessary steps to terminate the trust and pay to the Department moneys remaining in the trust together with other property in the trust, less the trustee’s final administration expenses. This amount shall be paid into the Solid Waste Abatement Fund, to be used solely for abatement, remediation, closure, postclosure care, monitoring and related costs for that particular landfill.
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