(a) The total corpus amount of the trust
established for a municipally operated landfill under this subchapter shall be
calculated in the same manner as a bond under this subchapter. A person or
municipality shall calculate the proposed amount of total bond liability or the
total corpus amount of the trust established for a municipality operated
landfill based upon the total estimated cost to the Commonwealth for the
following:
(1) To complete final closure of
the facility under the act, the environmental protection acts, this title, the
terms and conditions of the permit and orders issued by the
Department.
(2) To take measures
necessary to prevent adverse effects upon public health and safety, public
welfare and the environment, during operation and after closure, until released
as provided by this subchapter.
(b) A person or municipality required to file
a bond or establish a trust under this subchapter, shall prepare a written
estimate of the cost of closing the facility under this article, and other
related costs necessary to comply with the requirements of this article, for
the purpose of determining the bond or trust corpus amount required by this
subchapter. The related costs shall include direct and indirect expenses for
taking measures during the period preceding final closure to prevent and
correct adverse environmental affects from the operation of the facility.
(1) The cost estimate shall incorporate the
likely increase in cost in the future, including inflation, as required by the
Department.
(2) The Department may
require adjustments to the cost estimate to meet the requirements of this
chapter.
(3) The operator shall
revise the cost estimate when a change in the closure plan or in the measures
necessary to prevent adverse environmental affects increase the prior cost
estimate.
(4) The written cost
estimate shall be submitted to the Department on a form prepared by the
Department.
(5) Within 90 days
after closure of the facility, the operator shall prepare an updated written
cost estimate. A new bond shall be submitted to the Department within 90 days
after closure if the updated cost estimate indicates an increase from the prior
estimate required by the Department. The bond shall reflect the updated cost
estimate.
(c) The bond
and trust corpus amount shall be calculated using guidelines prepared by the
Department and shall be based on factors which include, but are not limited to,
the following:
(1) The costs to the
Commonwealth to conduct closure and postclosure care activities at the point in
the life of the facility when costs to the Commonwealth would be greatest, as
determined by the cost estimate for closure and postclosure care under this
section, as well as costs of monitoring, sampling and analysis, soil and
leachate analysis, facility security measures, remedial abatement measures and
postclosure restoration and maintenance measures.
(2) The nature and size of the facility and
type of operation.
(3) The
quantity, type and nature of the waste to be managed at the facility.
(4) The costs related to size of the surface
area, the topography and geology of the area and the land uses around the
facility.
(5) The additional
estimated costs to the Department which may arise from applicable public
contracting requirements or the need to bring personnel and equipment to the
permit area after its abandonment by the operator to perform restoration and
abatement work.
(6) The additional
estimated costs incident to or necessary and proper for the satisfactory
completion of the requirements of the act, the environmental protection acts,
this title, the terms and conditions of the permit and orders of the
Department.
(7) The additional
estimated cost for at least the next 3 years which is anticipated to be caused
by inflation, determined by averaging the annual Implicit Price Deflator for
Gross National Product published by the United States Commerce Department, or a
superseding standard, for at least the prior 3 years.
(8) The compliance history of the operator,
applicant, permittee and related parties, in §§
271.124 and
271.125 (relating to
identification of interests; and compliance information).
(d) The bond and trust corpus amount shall
cover areas where municipal waste disposal or processing activities are to be
conducted.
(e) The minimum bond or
trust corpus amount is $10,000.
(f)
The Department will review the bond and trust corpus amount calculated by the
operator and will not issue a permit, approve a closure plan or otherwise
authorize operation of municipal waste processing or disposal facilities under
this article prior to approval of the bond or trust corpus amount.
