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25 Pa. Code § 271.353. Certification procedures for municipally operated landfills.

§ 271.353. Certification procedures for municipally operated landfills.

 (a)  For municipally operated landfills for which a trust is posted under §  271.301(c) (relating to scope) and this subchapter, the Department will certify to the trustee, in writing, that the trust has been abandoned under §  271.351 (relating to forfeiture determination). The Department will not make the certification sooner than 30 days after the Department has provided written notice to the municipality or municipal authority and the trustee of the Department’s intention to make the certification.

 (b)  Upon the trustee’s receipt of the certification, all rights, title and interest in the property of the trust shall be vested in the Department. The Department may direct the trustee to make disbursements from the trust fund as may be necessary to complete final closure of the landfill and prevent or abate adverse effect on 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 of the trust, less the trustee’s final administration expenses. This amount will 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.


   The provisions of this §  271.353 adopted September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179.

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