CORRECTIVE REPRINT PRIOR PRINTER'S NOS. 581, 1207, 1415, PRINTER'S NO. 2325 1507, 1519, 1672, 1963, 2041, 2088, 2303
No. 528 Session of 1987
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 528, entitled: "An act providing for planning for the processing and disposal of municipal waste; requiring counties to submit plans for municipal waste management systems within their boundaries; authorizing grants to counties and municipalities for planning, resource recovery and recycling; * * * PROVIDING TAX CREDITS FOR TAXPAYERS WHO PURCHASE AND INSTALL RECYCLING EQUIPMENT; * * * authorizing the Department of Environmental Resources to implement this act; providing remedies; prescribing penalties; establishing a fund; and making repeals," respectfully submit the following bill as our report: D. MICHAEL FISHER JAMES C. GREENWOOD RAPHAEL J. MUSTO (Committee on the part of the Senate.) ROBERT W. O'DONNELL CAMILLE GEORGE GEORGE C. HASAY (Committee on the part of the House of Representatives.)
AN ACT 1 Providing for planning for the processing and disposal of 2 municipal waste; requiring counties to submit plans for 3 municipal waste management systems within their boundaries; 4 authorizing grants to counties and municipalities for 5 planning, resource recovery and recycling; imposing and 6 collecting fees; establishing certain rights for host 7 municipalities; requiring municipalities to implement 8 recycling programs; requiring Commonwealth agencies to 9 procure recycled materials; imposing duties; granting powers 10 to counties and municipalities; authorizing the Environmental 11 Quality Board to adopt regulations; authorizing the 12 Department of Environmental Resources to implement this act; 13 providing remedies; prescribing penalties; establishing a 14 fund; and making repeals. 15 TABLE OF CONTENTS 16 Chapter 1. General Provisions 17 Section 101. Short title. 18 Section 102. Legislative findings; declaration of policy and 19 goals. 20 Section 103. Definitions. 21 Section 104. Construction of act. 22 Chapter 3. Powers and Duties 23 Section 301. Powers and duties of department. 24 Section 302. Powers and duties of Environmental Quality Board. 25 Section 303. Powers and duties of counties. 26 Section 304. Powers and duties of municipalities other than 27 counties. 28 Chapter 5. Municipal Waste Planning 29 Section 501. Schedule for submission of municipal waste 30 management plans. 31 Section 502. Content of municipal waste management plans. 32 Section 503. Development of municipal waste management plans. 33 Section 504. Failure to ratify plan. 34 Section 505. Review of municipal waste management plans. 35 Section 506. Contracts.
1 Section 507. Relationship between plans and permits. 2 Section 508. Studies. 3 Section 509. Best available technology. 4 Section 510. Permit requirements. 5 Section 511. Site limitation. 6 Section 512. Completeness review. 7 Section 513. Future availability. 8 Chapter 7. Recycling Fee 9 Section 701. Recycling fee for municipal waste landfills and 10 resource recovery facilities. 11 Section 702. Form and timing of recycling fee payment. 12 Section 703. Collection and enforcement of fee. 13 Section 704. Records. 14 Section 705. Surcharge. 15 Section 706. Recycling Fund. 16 Chapter 9. Grants 17 Section 901. Planning grants. 18 Section 902. Grants for development and implementation of 19 municipal recycling programs. 20 Section 903. Grants for recycling coordinators. 21 Section 904. Performance grants for municipal recycling 22 programs. 23 Section 905. General limitations. 24 Chapter 11. Assistance to Municipalities 25 Section 1101. Information provided to host municipalities. 26 Section 1102. Joint inspections with host municipalities. 27 Section 1103. Water supply testing for contiguous landowners. 28 Section 1104. Water supply protection. 29 Section 1105. Purchase of cogenerated electricity. 30 Section 1106. Pennsylvania Public Utility Commission. 19870S0528B2325 - 2 -
1 Section 1107. Claims resulting from pollution occurrences. 2 Section 1108. Site-specific postclosure fund. 3 Section 1109. Trust fund for municipally operated landfills. 4 Section 1110. Independent evaluation of permit applications. 5 Section 1111. Protection of capacity. 6 Section 1112. Waste volumes. 7 Chapter 13. Host Municipality Benefit Fee 8 Section 1301. Host municipality benefit fee. 9 Section 1302. Form and timing of host municipality benefit fee 10 payment. 11 Section 1303. Collection and enforcement of fee. 12 Section 1304. Records. 13 Section 1305. Surcharge. 14 Chapter 15. Recycling and Waste Reduction 15 Section 1501. Municipal implementation of recycling programs. 16 Section 1502. Facilities operation and recycling. 17 Section 1503. Commonwealth recycling and waste reduction. 18 Section 1504. Procurement by Commonwealth agencies. 19 Section 1505. Procurement by Department of General Services. 20 Section 1506. Testing by Department of Transportation. 21 Section 1507. Procurement procedures for local public agencies. 22 Section 1508. Procurement options for local public agencies and 23 certain Commonwealth agencies. 24 Section 1509. Recycling at educational institutions. 25 Section 1510. Lead acid batteries. 26 Section 1511. Recycled paper products. 27 Section 1512. Household Hazardous Waste Collection and 28 Disposal Grant Program. 29 Chapter 17. Enforcement and Remedies 30 Section 1701. Unlawful conduct. 19870S0528B2325 - 3 -
1 Section 1702. Enforcement orders. 2 Section 1703. Restraining violations. 3 Section 1704. Civil penalties. 4 Section 1705. Criminal penalties. 5 Section 1706. Existing rights and remedies preserved; 6 cumulative remedies authorized. 7 Section 1707. Production of materials; recordkeeping 8 requirements. 9 Section 1708. Withholding of State funds. 10 Section 1709. Collection of fines, fees, etc. 11 Section 1710. Right of citizen to intervene in proceedings. 12 Section 1711. Remedies of citizens. 13 Section 1712. Affirmative defense. 14 Section 1713. Public information. 15 Section 1714. Whistleblower provisions. 16 Section 1715. Additional penalties. 17 Chapter 19. Miscellaneous Provisions 18 Section 1901. Report to General Assembly. 19 Section 1902. Severability. 20 Section 1903. Repeals. 21 Section 1904. Effective date. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 CHAPTER 1 25 GENERAL PROVISIONS 26 Section 101. Short title. 27 This act shall be known and may be cited as the Municipal 28 Waste Planning, Recycling and Waste Reduction Act. 29 Section 102. Legislative findings; declaration of policy and 30 goals. 19870S0528B2325 - 4 -
1 (a) Legislative findings.--The Legislature hereby 2 determines, declares and finds that: 3 (1) Improper municipal waste practices create public 4 health hazards, environmental pollution and economic loss, 5 and cause irreparable harm to the public health, safety and 6 welfare. 7 (2) Parts of this Commonwealth have inadequate and 8 rapidly diminishing processing and disposal capacity for 9 municipal waste. 10 (3) Virtually every county in this Commonwealth will 11 have to replace existing municipal waste processing and 12 disposal facilities over the next decade. 13 (4) Needed additional municipal waste processing and 14 disposal facilities have not been developed in a timely 15 manner because of diffused responsibility for municipal waste 16 planning, processing and disposal among numerous and 17 overlapping units of local government. 18 (5) It is necessary to give counties the primary 19 responsibility to plan for the processing and disposal of 20 municipal waste generated within their boundaries to insure 21 the timely development of needed processing and disposal 22 facilities. 23 (6) Proper and adequate processing and disposal of 24 municipal waste generated within a county requires the 25 generating county to give first choice to new processing and 26 disposal sites located within that county. 27 (7) It is appropriate to provide those living near 28 municipal waste processing and disposal facilities with 29 additional guarantees of the proper operation of such 30 facilities and to provide incentives for municipalities to 19870S0528B2325 - 5 -
1 host such facilities. 2 (8) Waste reduction and recycling are preferable to the 3 processing or disposal of municipal waste. 4 (9) Prompt payment and efficient collection of the 5 recycling fee created by this act are essential to the 6 administration of the recycling grants provided by this act. 7 (10) Authorizing counties to control the flow of 8 municipal waste is necessary, among other reasons, to 9 guarantee the long term economic viability of resource 10 recovery facilities and municipal waste landfills, to ensure 11 that such facilities and landfills can be financed, to 12 moderate the cost of such facilities and landfills over the 13 long term, protect existing capacity, and to assist in the 14 development of markets for recyclable materials by 15 guaranteeing a steady flow of such materials. 16 (11) Public agencies in the Commonwealth purchase 17 significant quantities of products or materials annually. 18 (12) By purchasing products or materials made from 19 recycled materials, public agencies in the Commonwealth can 20 help stimulate the market for such materials and thereby 21 foster recycling, and can also educate the public concerning 22 the utility and availability of such materials. 23 (13) Removing certain materials from the municipal 24 waste-stream will decrease the flow of solid waste to 25 municipal waste landfills, aid in the conservation and 26 recovery of valuable resources, conserve energy in the 27 manufacturing process, increase the supply of reusable 28 materials for the Commonwealth's industries, and will also 29 reduce substantially the required capacity of proposed 30 resource recovery facilities and contribute to their overall 19870S0528B2325 - 6 -
1 combustion efficiency, thereby resulting in significant cost 2 savings in the planning, construction and operation of these 3 facilities. 4 (14) It is in the public interest to promote the source 5 separation of marketable materials on a Statewide basis so 6 that reusable materials may be returned to the economic 7 mainstream in the form of raw materials or products rather 8 than be disposed of or processed at the Commonwealth's 9 overburdened municipal waste processing or disposal 10 facilities. 11 (15) The recycling of marketable materials by 12 municipalities in the Commonwealth and Commonwealth agencies, 13 and the development of public and private sector recycling 14 activities on an orderly and incremental basis, will further 15 demonstrate the Commonwealth's long term commitment to an 16 effective and coherent solid waste management strategy. 17 (16) Operators of municipal waste landfills and resource 18 recovery facilities should give first priority to the 19 disposal or processing of municipal waste generated within 20 the host county because, among other reasons, the host county 21 is most directly affected by operations at the facility, and 22 local processing or disposal of municipal waste saves energy 23 and transportation costs. 24 (17) The Commonwealth recognizes that both municipal 25 waste landfills and resource recovery facilities will be 26 needed as part of an integrated strategy to provide for the 27 processing and disposal of the Commonwealth's municipal 28 waste. 29 (18) This act is enacted under the authority of 30 Amendment X of the Constitution of the United States of 19870S0528B2325 - 7 -
1 America, under which the police power to protect the health, 2 safety and welfare of the citizens is reserved to the states. 3 (19) The Commonwealth is responsible for the protection 4 of the health, safety and welfare of its citizens concerning 5 solid waste management. 6 (20) All aspects of solid waste management, particularly 7 the disposition of solid waste, pose a critical threat to the 8 health, safety and welfare of the citizens of this 9 Commonwealth. 10 (21) Uncontrolled increases in the daily volumes of 11 solid waste received at municipal waste landfills have 12 significantly decreased their remaining lifetimes, disrupting 13 the municipal waste planning process and the ability of 14 municipalities relying on the landfills to continue using 15 them. These increases have threatened to significantly and 16 adversely affect public health and safety when municipalities 17 find they can no longer use the facilities. Uncontrolled 18 increases in daily waste volumes can also cause increased 19 noise, odors, truck traffic and other significant adverse 20 effects on the environment as well as on public health and 21 safety. 22 (22) By purchasing, processing and marketing obsolete 23 and other materials which would otherwise have been managed 24 as municipal or residual waste, the Commonwealth's existing 25 for-profit scrap processing and recycling industry has been 26 and remains essential to the efficient and effective 27 management of solid waste. 28 (23) In carrying out their powers and duties under this 29 act, counties and other municipalities should: 30 (i) Ensure that the ability of the scrap processing 19870S0528B2325 - 8 -
1 and recycling industry to continue purchasing, processing 2 and marketing recoverable materials is not thereby 3 impaired. 4 (ii) Utilize to the fullest extent practicable all 5 available facilities and expertise within the scrap 6 processing and recycling industry for processing and 7 marketing recyclable materials from municipal waste. 8 (24) Vehicle batteries are particularly difficult to 9 dispose of and potentially harmful if improperly disposed of, 10 and that it is necessary to control disposal and promote 11 recycling of such batteries. 12 (b) Purpose.--It is the purpose of this act to: 13 (1) Establish and maintain a cooperative State and local 14 program of planning and technical and financial assistance 15 for comprehensive municipal waste management. 16 (2) Encourage the development of waste reduction and 17 recycling as a means of managing municipal waste, conserving 18 resources and supplying energy through planning, grants and 19 other incentives. 20 (3) Protect the public health, safety and welfare from 21 the short and long term dangers of transportation, 22 processing, treatment, storage and disposal of municipal 23 waste. 24 (4) Provide a flexible and effective means to implement 25 and enforce the provisions of this act. 26 (5) Utilize, wherever feasible, the capabilities of 27 private enterprise in accomplishing the desired objectives of 28 an effective, comprehensive solid waste management plan. 29 (6) Establish a recycling fee for municipal waste 30 landfills and resource recovery facilities to provide grants 19870S0528B2325 - 9 -
1 for recycling, planning and related purposes. 2 (7) Establish a host municipality benefit fee for 3 municipal waste landfills and resource recovery facilities 4 that are permitted on or after the effective date of this act 5 and to provide benefits to host municipalities for the 6 presence of such facilities. 7 (8) Establish a site-specific postclosure fee for 8 currently operating and future permitted municipal waste 9 landfills for remedial measures and emergency actions that 10 are necessary to prevent or abate adverse effects upon the 11 environment after the closure of such landfills. 12 (9) Establish trust funds for municipally operated 13 landfills to ensure that there are sufficient funds available 14 for completing the final closure of such landfills under the 15 Solid Waste Management Act. 16 (10) Shift the primary responsibility for developing and 17 implementing municipal waste management plans from 18 municipalities to counties. 19 (11) Require all public agencies of the Commonwealth to 20 aid and promote the development of recycling through their 21 procurement policies for the general welfare and economy of 22 the Commonwealth. 23 (12) Require certain municipalities to implement 24 recycling programs to return valuable materials to productive 25 use, to conserve energy and to protect capacity at municipal 26 waste processing or disposal facilities. 27 (13) Implement Article 1, section 27 of the Constitution 28 of Pennsylvania. 29 (14) Strengthen the department's existing authority to 30 regulate daily waste volumes that may be received at a 19870S0528B2325 - 10 -
1 municipal waste landfill to protect against the unexpected or 2 unplanned loss of facilities and to ensure that the 3 facilities operate in a manner that protects the environment 4 as well as public health and safety. 5 (c) Declaration of goals.--The General Assembly therefore 6 declares the following goals: 7 (1) At least 25% of all municipal waste and source- 8 separated recyclable materials generated in this Commonwealth 9 on and after January 1, 1997, should be recycled. 10 (2) The weight or volume of municipal waste generated 11 per capita in this Commonwealth on January 1, 1997, should, 12 to the greatest extent practicable, be less than the weight 13 or volume of municipal waste generated per capita on the 14 effective date of this act. 15 (3) Each person living or working in this Commonwealth 16 shall be taught the economic, environmental, and energy value 17 of recycling and waste reduction, and shall be encouraged 18 through a variety of means to participate in such activities. 19 (4) The Commonwealth should, to the greatest extent 20 practicable, procure and use products and materials with 21 recycled content, and procure and use materials that are 22 recyclable. 23 Section 103. Definitions. 24 The following words and phrases when used in this act shall 25 have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Abatement." The restoration, reclamation, recovery, etc., 28 of a natural resource adversely affected by the activity of a 29 person. 30 "Average daily volume." The mean daily volume received at a 19870S0528B2325 - 11 -
1 facility taking into account weather, seasonal variations, 2 scheduled community cleanup days and other factors. 3 "Commission." The Pennsylvania Public Utility Commission and 4 its authorized representatives. 5 "Commonwealth agency." The Commonwealth and its departments, 6 boards, commissions and agencies, Commonwealth owned 7 universities, and the State Public School Building Authority, 8 the State Highway and Bridge Authority, and any other authority 9 now in existence or hereafter created or organized by the 10 Commonwealth. 11 "Degradable plastic beverage carrier." Plastic beverage 12 carriers that degrade by biological processes, photodegradation, 13 chemodegradation or degradation by other natural processes. The 14 degradation process does not produce or result in a residue or 15 by-product considered to be hazardous waste. 16 "Department." The Department of Environmental Resources of 17 the Commonwealth and its authorized representatives. 18 "Disposal." The deposition, injection, dumping, spilling, 19 leaking or placing of solid waste into or on the land or water 20 in a manner that the solid waste or a constituent of the solid 21 waste enters the environment, is emitted into the air or is 22 discharged to the waters of this Commonwealth. 23 "Feasibility study." A study which analyzes a specific 24 municipal waste processing or disposal system to assess the 25 likelihood that the system can be successfully implemented, 26 including, but not limited to, an analysis of the prospective 27 market, the projected costs and revenues of the system, the 28 municipal waste-stream that the system will rely upon and 29 various options available to implement the system. 30 "Host municipality." The municipality other than the county 19870S0528B2325 - 12 -
1 within which a municipal waste landfill or resource recovery 2 facility is located or is proposed to be located. 3 "Leaf waste." Leaves, garden residues, shrubbery and tree 4 trimmings, and similar material, but not including grass 5 clippings. 6 "Local public agency." 7 (1) Counties, cities, boroughs, towns, townships, school 8 districts, and any other authority now in existence or 9 hereafter created or organized by the Commonwealth. 10 (2) All municipal or school or other authorities now in 11 existence or hereafter created or organized by any county, 12 city, borough, township or school district or any combination 13 thereof. 14 (3) Any and all other public bodies, authorities, 15 councils of government, officers, agencies or 16 instrumentalities of the foregoing, whether exercising a 17 governmental or proprietary function. 18 "Management." The entire process, or any part thereof, of 19 storage, collection, transportation, processing, treatment and 20 disposal of solid wastes by any person engaging in such process. 21 "Municipal recycling program." A source separation and 22 collection program for recycling municipal waste or source 23 separated recyclable materials, or a program for designated 24 drop-off points or collection centers for recycling municipal 25 waste or source-separated recyclable materials, that is operated 26 by or on behalf of a municipality. The term includes any source 27 separation and collection program for composting yard waste that 28 is operated by or on behalf of a municipality. The term shall 29 not include any program for recycling construction/demolition 30 waste or sludge from sewage treatment plants or water supply 19870S0528B2325 - 13 -
1 treatment plants. 2 "Municipal waste." Any garbage, refuse, industrial lunchroom 3 or office waste and other material, including solid, liquid, 4 semisolid or contained gaseous material, resulting from 5 operation of residential, municipal, commercial or institutional 6 establishments and from community activities and any sludge not 7 meeting the definition of residual or hazardous waste in the 8 Solid Waste Management Act from a municipal, commercial or 9 institutional water supply treatment plant, waste water 10 treatment plant or air pollution control facility. The term does 11 not include source-separated recyclable materials. 12 "Municipal waste landfill." Any facility that is designed, 13 operated or maintained for the disposal of municipal waste, 14 whether or not such facility possesses a permit from the 15 department under the Solid Waste Management Act. The term shall 16 not include any facility that is used exclusively for disposal 17 of construction/demolition waste or sludge from sewage treatment 18 plants or water supply treatment plants. 19 "Municipality." A county, city, borough, incorporated town, 20 township or home rule municipality. 21 "Operator." A person engaged in solid waste processing or 22 disposal. Where more than one person is so engaged in a single 23 operation, all persons shall be deemed jointly and severally 24 responsible for compliance with the provisions of this act. 25 "Person." Any individual, partnership, corporation, 26 association, institution, cooperative enterprise, municipality, 27 municipal authority, Federal Government or agency, State 28 institution or agency (including, but not limited to, the 29 Department of General Services and the State Public School 30 Building Authority), or any other legal entity whatsoever which 19870S0528B2325 - 14 -
1 is recognized by law as the subject of rights and duties. In any 2 provisions of this act prescribing a fine, imprisonment or 3 penalty, or any combination of the foregoing, the term "person" 4 shall include the officers and directors of any corporation or 5 other legal entity having officers and directors. 6 "Plastic beverage carrier." Plastic rings or similar plastic 7 connectors used as holding devices in the packaging of 8 beverages, including, but not limited to, all carbonated 9 beverages, liquors, wines, fruit juices, mineral waters, soda 10 and beer. 11 "Pollution." Contamination of any air, water, land or other 12 natural resources of this Commonwealth that will create or is 13 likely to create a public nuisance or to render the air, water, 14 land or other natural resources harmful, detrimental or 15 injurious to public health, safety or welfare, or to domestic, 16 municipal, commercial, industrial, agricultural, recreational or 17 other legitimate beneficial uses, or to livestock, wild animals, 18 birds, fish or other life. 19 "Postconsumer material." Any product generated by a business 20 or consumer which has served its intended end use, and which has 21 been separated or diverted from solid waste for the purposes of 22 collection, recycling, and disposition. The term includes 23 industrial byproducts that would otherwise go to disposal or 24 processing facilities. The term does not include internally 25 generated scrap that is commonly returned to industrial or 26 manufacturing processes. 27 "Processing." Any technology used for the purpose of 28 reducing the volume or bulk of municipal waste or any technology 29 used to convert part or all of such waste materials for offsite 30 reuse. Processing facilities include, but are not limited to, 19870S0528B2325 - 15 -
1 transfer facilities, composting facilities and resource recovery 2 facilities. 3 "Project development." Those activities required to be 4 conducted prior to constructing a processing or disposal 5 facility that has been shown to be feasible, including, but not 6 limited to, public input and participation, siting, procurement 7 and vendor contract negotiations, and market and municipal waste 8 supply assurance negotiations. 9 "Public agency." Any Commonwealth agency or local public 10 agency. 11 "Reasonable expansion." The growth of an existing permitted 12 municipal waste landfill to land which is contiguous to the 13 existing municipal waste landfill which contiguous land is owned 14 in fee by the owner of the municipal waste landfill or which 15 land is subject to an irrevocable option exercisable within one 16 year in favor of the owner of the municipal waste landfill on 17 the date that written notice of the development of a plan or a 18 plan revision pursuant to section 503(b) and which contiguous 19 land contains the same geological features which are present at 20 the existing municipal waste landfill and for which a permit 21 application under the Solid Waste Management Act is filed within 22 one year of such notice. 23 "Recycled content." Goods, supplies, equipment, materials 24 and printing containing postconsumer materials. 25 "Recycling." The collection, separation, recovery and sale 26 or reuse of metals, glass, paper, leaf waste, plastics and other 27 materials which would otherwise be disposed or processed as 28 municipal waste or the mechanized separation and treatment of 29 municipal waste (other than through combustion) and creation and 30 recovery of reuseable materials other than a fuel for the 19870S0528B2325 - 16 -
1 operation of energy. 2 "Recycling facility." A facility employing a technology that 3 is a process that separates or classifies municipal waste and 4 creates or recovers reuseable materials that can be sold to or 5 reused by a manufacturer as a substitute for or a supplement to 6 virgin raw materials. The term "recycling facility" shall not 7 mean transfer stations or landfills for solid waste nor 8 composting facilities or resource recovery facilities. 9 "Remaining available permitted capacity." The remaining 10 permitted capacity that is actually available for processing or 11 disposal to the county or other municipality that generated the 12 waste. 13 "Remaining permitted capacity." The weight or volume of 14 municipal waste that can be processed or disposed at an existing 15 municipal waste processing or disposal facility. The term shall 16 include only weight or volume capacity for which the department 17 has issued a permit under the Solid Waste Management Act. The 18 term shall not include any facility that the department 19 determines, or has determined, has failed and continues to fail 20 to comply with the provisions of the Solid Waste Management Act, 21 the regulations promulgated pursuant thereto, any order issued 22 pursuant thereto or any permit conditions. 23 "Residual waste." Any garbage, refuse, other discarded 24 material or other waste, including solid, liquid, semisolid or 25 contained gaseous materials resulting from industrial, mining 26 and agricultural operations and any sludge from an industrial, 27 mining or agricultural water supply treatment facility, waste 28 water treatment facility or air pollution control facility, 29 provided that it is not hazardous. The term shall not include 30 coal refuse as defined in the act of September 24, 1968 19870S0528B2325 - 17 -
1 (P.L.1040, No.318), known as the Coal Refuse Disposal Control 2 Act. The term shall not include treatment sludges from coal mine 3 drainage treatment plants, disposal of which is being carried on 4 pursuant to and in compliance with a valid permit issued 5 pursuant to the act of June 22, 1937 (P.L.1987, No.394), known 6 as The Clean Streams Law. 7 "Resource recovery facility." A processing facility that 8 provides for the extraction and utilization of materials or 9 energy from municipal waste that is generated off-site, 10 including, but not limited to, a facility that mechanically 11 extracts materials from municipal waste, a combustion facility 12 that converts the organic fraction of municipal waste to usable 13 energy, and any chemical and biological process that converts 14 municipal waste into a fuel product. The term also includes any 15 facility for the combustion of municipal waste that is generated 16 off-site, whether or not the facility is operated to recover 17 energy. The term does not include: 18 (1) Any composting facility. 19 (2) Methane gas extraction from a municipal waste 20 landfill. 21 (3) Any separation and collection center, drop-off point 22 or collection center for recycling, or any source separation 23 or collection center for composting leaf waste. 24 (4) Any facility, including all units in the facility, 25 with a total processing capacity of less than 50 tons per 26 day. 27 "Secretary." The Secretary of Environmental Resources of the 28 Commonwealth. 29 "Solid waste." Solid waste, as defined in the act of July 7, 30 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 19870S0528B2325 - 18 -
1 "Solid Waste Abatement Fund." The fund created pursuant to 2 section 701 of the Solid Waste Management Act. 3 "Solid Waste Management Act." The act of July 7, 1980 4 (P.L.380, No.97). 5 "Source-separated recyclable materials." Materials that are 6 separated from municipal waste at the point of origin for the 7 purpose of recycling. 8 "Storage." The containment of any municipal waste on a 9 temporary basis in such a manner as not to constitute disposal 10 of such waste. It shall be presumed that the containment of any 11 municipal waste in excess of one year constitutes disposal. This 12 presumption can be overcome by clear and convincing evidence to 13 the contrary. 14 "Transportation." The offsite removal of any municipal waste 15 at any time after generation. 16 "Treatment." Any method, technique or process, including, 17 but not limited to, neutralization, designed to change the 18 physical, chemical or biological character or composition of any 19 municipal waste so as to neutralize such waste or so as to 20 render such waste safer for transport, suitable for recovery, 21 suitable for storage or reduced in volume. 22 "Waste reduction." Design, manufacture or use of a product 23 to minimize weight of municipal waste that requires processing 24 or disposal, including, but not limited to: 25 (1) design or manufacturing activities which minimize 26 the weight or volume of materials contained in a product, or 27 increase durability or recyclability; and 28 (2) use of products that contain as little material as 29 possible, are capable of being reused or recycled or have an 30 extended useful life. 19870S0528B2325 - 19 -
1 Section 104. Construction of act. 2 (a) Liberal construction.--The terms and provisions of this 3 act are to be liberally construed, so as to best achieve and 4 effectuate the goals and purposes hereof. 5 (b) Para materia.--This act shall be construed in para 6 materia with the Solid Waste Management Act. 7 CHAPTER 3 8 POWERS AND DUTIES 9 Section 301. Powers and duties of department. 10 The department, in consultation with the Department of Health 11 regarding matters of public health significance, shall have the 12 power and its duty shall be to: 13 (1) Administer the municipal waste planning, recycling 14 and waste reduction program pursuant to the provisions of 15 this act and the regulations promulgated pursuant thereto. 16 (2) Cooperate with appropriate Federal, State, interstate 17 and local units of government and with appropriate private 18 organizations in carrying out its duties under this act. 19 (3) Provide technical assistance to municipalities and 20 Commonwealth agencies, including, but not limited to, the 21 training of personnel. 22 (4) Initiate, conduct and support research, 23 demonstration projects and investigations, and coordinate all 24 State agency research programs pertaining to municipal waste 25 management systems. 26 (5) Regulate municipal waste planning, including, but 27 not limited to, the development and implementation of county 28 municipal waste management plans. 29 (6) Approve, conditionally approve or disapprove 30 municipal waste management plans, issue orders, conduct 19870S0528B2325 - 20 -
1 inspections and abate public nuisances to implement the 2 provisions and purposes of this act and the regulations 3 promulgated pursuant to this act. 4 (7) Serve as the agency of the Commonwealth for the 5 receipt of moneys from the Federal Government or other public 6 agencies or private agencies and expend such moneys for 7 studies and research with respect to, and for the enforcement 8 and administration of, the provisions and purposes of this 9 act and the regulations promulgated pursuant thereto. 10 (8) Institute, in a court of competent jurisdiction, 11 proceedings against any person to compel compliance with the 12 provisions of this act, any regulation promulgated pursuant 13 thereto, any order of the department, or the terms and 14 conditions of any approved municipal waste management plan. 15 (9) Institute prosecutions against any person under this 16 act. 17 (10) Appoint such advisory committees as the secretary 18 deems necessary and proper to assist the department in 19 carrying out the provisions of this act. The secretary is 20 authorized to pay reasonable and necessary expenses incurred 21 by the members of such advisory committees in carrying out 22 their functions. 23 (11) Encourage and, where the department determines it 24 is appropriate, require counties and other municipalities to 25 carry out their duties under this act, using the full range 26 of incentives and enforcement authority provided in this act. 27 (12) Take any action not inconsistent with this act that 28 the department may deem necessary or proper to collect the 29 recycling fee provided by this act, to ensure the payment of 30 the host municipality benefit fee, and to ensure the payment 19870S0528B2325 - 21 -
1 of the site-specific postclosure fee and moneys for the trust 2 fund for municipally operated landfills provided by this act. 3 (13) Administer and distribute moneys in the Recycling 4 Fund for any public educational programs on recycling and 5 waste reduction that the department believes to be 6 appropriate, for technical assistance to counties in the 7 preparation of municipal waste management plans, for 8 technical assistance to municipalities concerning recycling 9 and waste reduction, to conduct research, and for other 10 purposes consistent with this act. 11 (14) To promote and emphasize recycling and waste 12 reduction in the Commonwealth by, among other things: 13 (i) Conducting a comprehensive, innovative and 14 effective public education program concerning the value 15 of recycling and waste reduction, and of public 16 opportunities to participate in such activities, in 17 cooperation with the Department of Education. 18 (ii) Developing and maintaining a data base on 19 recycling and waste reduction in the Commonwealth, and 20 making the information in that data base available to the 21 public. 22 (iii) Coordinating recycling and waste reduction 23 efforts among Commonwealth agencies. 24 (iv) Providing financial and other assistance to 25 municipalities that are required by section 1501 to 26 implement recycling programs. 27 (v) Providing information about potential recycling 28 markets to municipalities and other interested persons. 29 (15) Do any and all other acts and things, not 30 inconsistent with any provision of this act, which it may 19870S0528B2325 - 22 -
1 deem necessary or proper for the effective enforcement of 2 this act and the regulations promulgated pursuant thereto 3 after consulting with the Department of Health regarding 4 matters of public health significance. 5 Section 302. Powers and duties of Environmental Quality Board. 6 The Environmental Quality Board shall have the power and its 7 duty shall be to adopt the regulations of the department to 8 accomplish the purposes and to carry out the provisions of this 9 act. 10 Section 303. Powers and duties of counties. 11 (a) Primary responsibility of county.--Each county shall 12 have the power and its duty shall be to insure the availability 13 of adequate permitted processing and disposal capacity for the 14 municipal waste which is generated within its boundaries. As 15 part of this power, a county: 16 (1) May require all persons to obtain licenses to 17 collect and transport municipal waste subject to the plan to 18 a municipal waste processing or disposal facility designated 19 pursuant to subsection (e). 20 (2) Shall have the power and duty to implement its 21 approved plan, including a plan approved under section 22 501(b), as it relates to the processing and disposal of 23 municipal waste generated within its boundaries. 24 (3) May plan for the processing and disposal of 25 municipal waste generated outside its boundaries and to 26 implement its approved plan as it relates to the processing 27 and disposal of such waste. 28 (4) May adopt ordinances, resolutions, regulations and 29 standards for the recycling of municipal waste or source- 30 separated recyclable material if one of the following 19870S0528B2325 - 23 -
1 requirements are met: 2 (i) Such ordinances, resolutions, regulations or 3 standards are set forth in the approved plan, and do not 4 interfere with the implementation of any municipal 5 recycling program under section 1501. 6 (ii) Such ordinances, resolutions, regulations or 7 standards are necessary to implement a municipal 8 recycling program under section 1501 which the 9 municipality has delegated to the county pursuant to 10 section 304. 11 (5) May prohibit the siting of additional resource 12 recovery facilities within its geographic boundaries where 13 any additional resource recovery facility is inconsistent 14 with the county plan pursuant to section 501(b) unless such 15 facilities meet the criteria of section 502(c)(2) and 16 (o)(1)(iii). 17 (b) Joint planning.--Any two or more counties may adopt and 18 implement a single municipal waste management plan for the 19 municipal waste generated within the combined area of the 20 counties. 21 (c) Ordinances and resolutions.--In carrying out its duties 22 under this section, a county may adopt ordinances, resolutions, 23 regulations and standards for the processing and disposal of 24 municipal waste, which shall not be less stringent than, and not 25 in violation of or inconsistent with, the provisions and 26 purposes of the Solid Waste Management Act, this act and the 27 regulations promulgated pursuant thereto. 28 (d) Delegation of county responsibility.--A county may enter 29 into a written agreement with another person pursuant to which 30 the person undertakes to fulfill some or all of the county's 19870S0528B2325 - 24 -
1 responsibilities under this act for municipal waste planning and 2 implementation of the approved county plan. Any such person 3 shall be jointly and severally responsible with the county for 4 municipal waste planning and implementation of the approved 5 county plan in accordance with this act and the regulations 6 promulgated pursuant thereto. 7 (e) Designated sites.--A county with an approved municipal 8 waste management plan that was submitted pursuant to section 9 501(a), (b) or (c) of this act is also authorized to require 10 that all municipal wastes generated within its boundaries shall 11 be processed or disposed at a designated processing or disposal 12 facility that is contained in the approved plan and permitted by 13 the department under the act of July 7, 1980 (P.L.380, No.97), 14 known as the Solid Waste Management Act. No county shall direct 15 municipal waste or source-separated recyclable materials that 16 would otherwise be recycled to any resource recovery facility or 17 other facility for purposes other than recycling such waste. 18 This subsection shall not apply to municipal waste going to 19 existing or future on-site captive commercial disposal 20 facilities used for the exclusive disposal of municipal waste 21 generated by that commercial operation. 22 (f) Report.--On or before April 1 of each year, each county 23 shall submit a report to the department describing: 24 (1) Its progress in implementing its department-approved 25 municipal waste management plan or in developing such a plan. 26 (2) The weight or volume of materials that were recycled 27 by municipal recycling programs in the county in the 28 preceding calendar year, and the weight or volume of 29 materials that were recycled by the county in the preceding 30 calendar year. 19870S0528B2325 - 25 -
1 Section 304. Powers and duties of municipalities other than 2 counties. 3 (a) Responsibility of other municipalities.--Each 4 municipality other than a county shall have the power and its 5 duty shall be to assure the proper and adequate transportation, 6 collection and storage of municipal waste which is generated or 7 present within its boundaries, to assure adequate capacity for 8 the disposal of municipal waste generated within its boundaries 9 by means of the procedure set forth in section 1111, and to 10 adopt and implement programs for the collection and recycling of 11 municipal waste or source-separated recyclable materials as 12 provided in this act. 13 (b) Ordinances.-- 14 (1) In carrying out its duties under this section, a 15 municipality other than a county may adopt resolutions, 16 ordinances, regulations and standards for the recycling, 17 transportation, storage and collection of municipal wastes, 18 or source-separated recyclable materials which shall not be 19 less stringent than, and not in violation of or inconsistent 20 with, the provisions and purposes of the Solid Waste 21 Management Act, this act and the regulations promulgated 22 pursuant thereto. 23 (2) The host municipality shall have the authority to 24 adopt reasonable ordinances concerning the hours and days 25 during which vehicles may deliver waste to the facility and 26 the routing of traffic on public roads to the facility. Such 27 ordinances may be in addition to, but not less stringent 28 than, not inconsistent with and not in violation of, any 29 provision of the Solid Waste Management Act, any regulation 30 promulgated pursuant to that act, any order issued under that 19870S0528B2325 - 26 -
1 act, or any permit issued pursuant to that act. Such 2 ordinances found to be inconsistent and not in substantial 3 conformity with this paragraph shall be superseded. Appeals 4 under this paragraph may be brought before a court of 5 competent jurisdiction. 6 (c) Contracting of responsibility.--A municipality other 7 than a county may contract with any person to carry out its 8 duties for the recycling, transportation, collection and storage 9 of municipal waste and source-separated recyclable materials, if 10 the recycling, transportation, collection or storage activity or 11 facility is conducted or operated in a manner that is consistent 12 with the Solid Waste Management Act, this act and the 13 regulations promulgated pursuant thereto. Any such person shall 14 be jointly and severally responsible with the municipality other 15 than a county when carrying out its duties for transportation, 16 collection or storage activity or facility. 17 (d) Designated sites.--A municipality other than a county 18 may require by ordinance that all municipal waste generated 19 within its jurisdiction shall be disposed of or processed at a 20 designated permitted facility. Such ordinance shall include an 21 ordinance that is part of a plan approved under section 501(b). 22 Such ordinance shall remain in effect until the county in which 23 the municipality is located adopts a waste flow control 24 ordinance as part of a plan submitted to the department pursuant 25 to section 501(a) or (c) and approved by the department. Except 26 as provided in section 502(o), any such county ordinance shall 27 supersede any such municipal ordinance to the extent that the 28 municipal ordinance is inconsistent with the county ordinance. 29 (e) Term and renewals of certain contracts.--The governing 30 body of a municipality other than a county shall have the power 19870S0528B2325 - 27 -
1 to, and may, enter into contracts having an initial term of five 2 years with optional renewal periods of up to five years with 3 persons responsible for the collection or transportation of 4 municipal waste generated within the municipality. The 5 limitations imposed on contracts by section 1502(XXVII) of the 6 act of June 24, 1931 (P.L.1206, No.331), known as The First 7 Class Township Code, and section 702 (VIII) of the act of May 1, 8 1933 (P.L.103, No.69), known as The Second Class Township Code, 9 shall not apply to contracts entered into pursuant to this act. 10 Nothing in this act shall impair municipalities, other than 11 counties, from entering into disposal contracts under section 12 502(o). 13 (f) Report.--On or before February 15 of each year, each 14 municipality other than a county that is implementing a 15 recycling program shall submit a report to the county in which 16 the municipality is located. The report shall describe the 17 weight or volume of materials that were recycled by the 18 municipal recycling program in the preceding calendar year. 19 CHAPTER 5 20 MUNICIPAL WASTE PLANNING 21 Section 501. Schedule for submission of municipal waste 22 management plans. 23 (a) Submission of plan.--Except as provided in subsections 24 (b) and (c), each county shall submit to the department within 25 two and one-half years of the effective date of this act an 26 officially adopted municipal waste management plan for municipal 27 waste generated within its boundaries. Such plan shall be 28 consistent with the requirements of this act. For the purposes 29 of this chapter, the term "county" includes cities of the first 30 class but does not include counties of the first class. 19870S0528B2325 - 28 -
1 (b) Existing plans.--A county that has submitted a complete 2 municipal waste management plan to the department for approval 3 on or before 30 days from the effective date of this act, shall 4 be deemed to have a plan approved pursuant to section 505 if: 5 (1) The department has granted technical or preliminary 6 approval of such plan under 25 Pa. Code §§ 75.11 through 7 75.13 within 90 days after the submission of the plan. 8 (2) More than one-half of the municipalities within the 9 county, representing more than one-half of the county's 10 population as determined by the most recent decennial census 11 by the United States Bureau of the Census, have adopted 12 resolutions approving such plan within 180 days after 13 submission of the plan. 14 (c) Plan revisions.--Each county with an approved municipal 15 waste management plan shall submit a revised plan to the 16 department in accordance with the requirements of this act: 17 (1) At least three years prior to the time all remaining 18 available permitted capacity for the county will be 19 exhausted. 20 (2) For plans approved pursuant to subsection (b), 21 within two years of the effective date of this act. Such plan 22 revisions shall be consistent with the requirements of this 23 chapter except to the extent that the county demonstrates to 24 the department's satisfaction that irrevocable contracts made 25 by or pursuant to the approved plan preclude compliance with 26 the requirements of this chapter. 27 (3) When otherwise required by the department. 28 (d) Procedure for considering plan revisions.--At least 30 29 days before submitting any proposed plan revision to the 30 department, the county shall submit a copy of the proposed 19870S0528B2325 - 29 -
1 revision to the advisory committee established pursuant to 2 section 503 and to each municipality within the county. All plan 3 revisions that are determined by the county or by the department 4 to be substantial shall be subject to the requirements of 5 sections 503 and 504. The plan revisions required by subsection 6 (c)(2) shall be considered substantial plan revisions. 7 Section 502. Content of municipal waste management plans. 8 (a) General rule.--Except as provided in section 501(b), 9 every plan submitted after the effective date of this act shall 10 comply with the provisions of this section. 11 (b) Description of waste.--The plan shall describe and 12 explain the origin, content and weight or volume of municipal 13 waste currently generated within the county's boundaries, and 14 the origin, content and weight or volume of municipal waste that 15 will be generated within the county's boundaries during the next 16 ten years. 17 (c) Description of facilities.--The plan shall identify and 18 describe the facilities where municipal waste is currently being 19 disposed or processed and the remaining available permitted 20 capacity of such facilities and the capacity which could be made 21 available through the reasonable expansion of such facilities. 22 The plan shall contain an analysis of the effect of current and 23 planned recycling on waste generated within the county. The plan 24 shall also explain the extent to which existing facilities will 25 be used during the life of the plan, and shall not substantially 26 impair the use of their remaining permitted capacity or of 27 capacity which could be made available through the reasonable 28 expansion of such facilities. For purposes of this subsection, 29 existing facilities shall include: 30 (1) Facilities holding permits for which a complete 19870S0528B2325 - 30 -
1 permit application under the Solid Waste Management Act is 2 filed with the department within one year from the effective 3 date of this act or within one year of the date written 4 notice of the development of a plan is given to 5 municipalities pursuant to section 503(b) or within six 6 months of the written notice for a substantial plan revision 7 is given to municipalities pursuant to section 503(b), 8 whichever is the later, unless such permit application is 9 denied by the department. 10 (2) Resource recovery facilities for which the owner or 11 operator of the facility has deposited funds into escrow for 12 financing of the facility or has secured permanent bond 13 financing for the facility or has signed an electric power 14 contract with a public utility and such contract has been 15 approved by the commission. 16 (3) Any facility which is a resource recovery facility 17 or municipal waste landfill which, on or before the effective 18 date of this act to the department's satisfaction meets all 19 of the following criteria: 20 (i) The applicant has acquired ownership of the 21 site. 22 (ii) The applicant has agreements for disposal of 23 municipal waste. 24 (iii) The applicant meets one of the following: 25 (A) The applicant has a permit from the 26 department on the effective date of this act. 27 (B) The applicant has received a permit within 28 one year from the date written notice of the plan or 29 the plan revisions is given to the municipalities 30 pursuant to section 503(b). 19870S0528B2325 - 31 -
1 (C) A permit application is submitted to the 2 department within one year of the effective date of 3 this act. 4 In addition, the plan shall give consideration to the potential 5 expansion of existing municipal waste processing or disposal 6 facilities located in the county. For the purposes of this 7 subsection, the department shall determine whether applications 8 are complete within 90 days of their receipt and, if incomplete, 9 specify to the applicant all deficiencies of the application. 10 Any subsequent plan revisions shall identify and describe the 11 facilities where municipal waste is currently being disposed or 12 processed and the remaining available permitted capacity of such 13 facilities and the plan shall consider the capacity which could 14 be made available through the reasonable expansion of such 15 facilities. 16 (d) Estimated future capacity.--The plan shall estimate the 17 processing or disposal capacity needed for the municipal waste 18 that will be generated in the county during the next ten years. 19 The assessment shall describe the primary variables affecting 20 this estimate and the extent to which they can reasonably be 21 expected to affect the estimate, including, but not limited to, 22 the amount of residual waste disposed or processed at municipal 23 waste disposal or processing facilities in the county and the 24 extent to which residual waste may be disposed or processed at 25 such facilities during the next ten years. If the plan indicates 26 that additional processing or disposal capacity is needed by the 27 county, the county shall give public notice of such a 28 determination and solicit proposals and recommendations 29 regarding facilities and programs to provide such capacity. The 30 county shall provide a copy of such notice to the department 19870S0528B2325 - 32 -
1 which shall cause a copy of such notice to be published in the 2 Pennsylvania Bulletin. 3 (e) Description of recyclable materials.-- 4 (1) The plan shall describe and evaluate: 5 (i) The kind and weight or volume of materials that 6 could be recycled, giving consideration at a minimum to 7 the following materials: clear glass, colored glass, 8 aluminum, steel and bimetallic cans, high grade office 9 paper, newsprint, corrugated paper, plastics and leaf 10 waste. 11 (ii) Potential benefits of recycling, including the 12 potential solid waste reduction and the avoided cost of 13 municipal waste processing or disposal. 14 (iii) Existing materials recovery operations and the 15 kind and weight or volume of materials recycled by the 16 operations, whether public or private. 17 (iv) The compatibility of recycling with other 18 municipal waste processing or disposal methods, giving 19 consideration to and describing anticipated and available 20 markets for materials collected through municipal 21 recycling programs. 22 (v) Proposed or existing collection methods for 23 recyclable materials. 24 (vi) Options for ensuring the collection of 25 recyclable materials. 26 (vii) Options for the processing, storage and sale 27 of recyclable materials, including market commitments. 28 The plan shall consider the results of the market 29 development study required by section 508, if the results 30 are available. 19870S0528B2325 - 33 -
1 (viii) Options for municipal cooperation or 2 agreement for the collection, processing and sale of 3 recyclable materials. 4 (ix) A schedule for implementation of the recycling 5 program. 6 (x) Estimated costs of operating and maintaining a 7 recycling program, estimated revenue from the sale or use 8 of materials and avoided costs of processing or disposal. 9 This estimate shall be based on a comparison of public 10 and private operation of some or all parts of the 11 recycling program. 12 (xi) What consideration for the collection, 13 marketing and disposition of recyclable materials will be 14 accorded to persons engaged in the business of recycling 15 on the effective date of this act, whether or not the 16 persons are operating for profit. 17 (xii) A public information and education program 18 that will provide comprehensive and sustained public 19 notice of recycling program features and requirements. 20 (2) Any county containing municipalities that are 21 required by section 1501 to implement recycling programs 22 shall take the provisions of that section into account in 23 preparing the recycling portion of its plan. 24 (3) Nothing in this chapter shall be construed or 25 understood to prohibit preparation of a county municipal 26 waste management plan prior to developing and implementing 27 any recycling program required by Chapter 15. 28 (f) Financial factors.--The plan shall describe the type, 29 mix, size, expected cost and proposed methods of financing the 30 facilities, recycling programs or waste reduction programs that 19870S0528B2325 - 34 -
1 are proposed for the processing and disposal of the municipal 2 waste or source-separated recyclable materials that will be 3 generated within the county's boundaries during the next ten 4 years. For every proposed facility, recycling program or waste 5 reduction program, the plan shall discuss all of the following: 6 (1) Explain in detail the reason for selecting such 7 facility or program. 8 (2) Describe alternative facilities or programs, 9 including, but not limited to, waste reduction, recycling, or 10 resource recovery facilities or programs, that were 11 considered and provide reasonable assurances that the county 12 utilized a fair, open and competitive process for selecting 13 such facilities or programs from among alternatives which 14 were suggested to the county. 15 (3) Evaluate the environmental, energy, life cycle cost, 16 the costs of transportation to each facility considered and 17 economic advantages and disadvantages of the proposed 18 facility or program as well as the alternatives considered. 19 (4) Show that adequate provision for existing and 20 reasonably anticipated future recycling has been made in 21 designing the size of any proposed facility. 22 (5) Set forth a time schedule and program for planning, 23 design, siting, construction and operation of each proposed 24 facility or program. 25 (g) Location.--The plan shall identify the general location 26 within a county where each municipal waste processing or 27 disposal facility and each recycling program identified in 28 subsection (f) will be located, and either identify the site of 29 each facility if the site has already been chosen or explain how 30 the site will be chosen. For any facility that is proposed to be 19870S0528B2325 - 35 -
1 located outside the county, the plan shall explain in detail the 2 reasons for selecting such a facility. 3 (h) Implementing entity identification.--The plan shall 4 identify the governmental entity that will be responsible for 5 implementing the plan on behalf of the county and describe the 6 legal basis for that entity's authority to do so. 7 (i) Public function.--Where the county determines that it is 8 in the public interest for municipal waste processing or 9 disposal to be a public function, the plan shall provide for 10 appropriate mechanisms, subject to the limitations set forth in 11 section 902(a) on the use of grant moneys by municipalities for 12 purchasing equipment for processing solid waste. 13 (j) Copies of ordinances and resolutions.--The plan shall 14 include any proposed ordinances, negotiated contracts or 15 requirements that will be used to insure the operation of any 16 facilities proposed in the plan. For each ordinance, contract or 17 requirement, the plan shall identify the areas of the county to 18 be affected, the expected effective date and the implementing 19 mechanism. 20 (k) Orderly extension.--The plan shall provide for the 21 orderly extension of municipal waste management systems in a 22 manner that is consistent with the needs of the area and is also 23 consistent with any existing State, regional or local plans 24 affecting the development, use and protection of air, water, 25 land or other natural resources. The plan shall also take into 26 consideration planning, zoning, population estimates, 27 engineering and economics. 28 (l) Methods of disposal other than by contract.--If the 29 county proposes to require, by means other than contracts, that 30 municipal wastes generated within its boundaries be processed or 19870S0528B2325 - 36 -
1 disposed at a designated facility under section 303(e), the plan 2 shall so state. The plan shall explain the basis for such a 3 proposal, giving consideration to alternative means of ensuring 4 that waste generated within the county's boundaries is processed 5 or disposed in an environmentally acceptable manner. A copy of 6 the proposed ordinance or other legal instrument that would 7 effectuate this proposal shall also be included. 8 (m) County ownership.--If the county proposes to own or 9 operate a municipal waste processing or disposal facility, the 10 plan shall so state. The plan shall also explain the basis for 11 such a proposal, giving consideration to the comparative costs 12 and benefits of private ownership and operation of municipal 13 waste processing or disposal facilities. 14 (n) Other information.--The plan shall include any other 15 information that the department may require. 16 (o) Noninterference with certain resource recovery 17 facilities and landfills.-- 18 (1) No county municipal waste management plan shall 19 interfere with the design, construction, operation, financing 20 or contractual obligations of any municipal processing or 21 disposal facility, including any reasonable expansion of an 22 existing facility which meets any of the following 23 requirements: 24 (i) A resource recovery facility or municipal waste 25 landfill that is part of a complete municipal waste 26 management plan submitted by a municipality or 27 organization of municipalities under the Solid Waste 28 Management Act prior to the effective date of this act, 29 and for which a complete permit application under the 30 Solid Waste Management Act is submitted to the department 19870S0528B2325 - 37 -
1 within one year of the effective date of this act. 2 (ii) The projects, plans or operations of a 3 municipality authority created under the act of May 2, 4 1945 (P.L.382, No.164), known as the Municipality 5 Authorities Act of 1945, or of an organization of 6 municipalities which (municipality authority or 7 organization of municipalities) is created by two or more 8 municipalities prior to the effective date of this act 9 for the purposes of providing for collection, storage, 10 transportation, processing or disposal of solid waste 11 generated within the municipalities and which 12 (municipality authority or organization of 13 municipalities) submits to the department within one year 14 of the effective date of this act, and is approved by the 15 department, a solid waste management plan, consistent 16 with the other provisions of this section, that includes 17 each member municipality. This subparagraph applies to 18 the projects, plans and operations of municipalities 19 which are members of the municipality authority or 20 organization of municipalities. 21 (iii) The owner or operator of the facility has 22 deposited funds into escrow for financing of the facility 23 or has secured permanent bond financing for the facility 24 or has signed an electric power contract with a public 25 utility and such a contract has been approved by the 26 commission. 27 (iv) The implementation of a county municipal waste 28 plan pursuant to section 501(b) which has designated an 29 existing permitted solid waste management facility, on or 30 before the effective date of this act, owned by a local 19870S0528B2325 - 38 -
1 public agency other than the county in which the facility 2 is located. 3 (v) The facility is a resource recovery facility or 4 municipal waste landfill which, on or before the 5 effective date of this act to the department's 6 satisfaction, meets all of the following criteria: 7 (A) The applicant has acquired ownership of the 8 site. 9 (B) The applicant has agreements for disposal of 10 municipal waste. 11 (C) The applicant meets one of the following: 12 (I) The applicant has a permit from the 13 department on the effective date of this act. 14 (II) The applicant has received a permit 15 within one year from the date written notice of 16 the plan or the plan revisions is given to the 17 municipalities pursuant to section 503(b). 18 (III) A permit application is submitted to 19 the department within one year of the effective 20 date of this act. 21 (2) Within 120 days after receiving a complete plan, the 22 department shall give it preliminary or technical approval 23 under 25 Pa. Code §§ 75.11 through 75.13 or disapprove it. 24 (p) Public participation.--The plan shall include provisions 25 for public participation in the implementation of the plan, 26 including, but not limited to, an advisory committee to provide 27 oversight and advice on the implementation of the plan. 28 Section 503. Development of municipal waste management plans. 29 (a) Advisory committee.--Prior to preparing a plan or 30 substantial plan revisions for submission to the department in 19870S0528B2325 - 39 -
1 accordance with the provisions of this act, the county shall 2 form an advisory committee, which shall include representatives 3 of all classes of municipalities within the county, citizen 4 organizations, industry, the private solid waste industry 5 operating within the county, the private recycling or scrap 6 material processing industry operating within the county, the 7 county recycling coordinator, if one exists, and any other 8 persons deemed appropriate by the county. The advisory committee 9 shall review the plan during its preparation, make suggestions 10 and propose any changes it believes appropriate. 11 (b) Written notice.--The county shall provide written notice 12 to all municipalities within the county when plan development 13 begins and shall provide periodic written progress reports to 14 such municipalities concerning the preparation of the plan. 15 (c) Review and comment.--Prior to adoption by the governing 16 body of the county, the county shall submit copies of the 17 proposed plan for review and comment to the department, all 18 municipalities within the county, all areawide planning agencies 19 and the county health department, if one exists. The county 20 shall also make the proposed plan available for public review 21 and comment. The period for review and comment shall be 90 days. 22 The county shall hold at least one public hearing on the 23 proposed plan during this period. The plan subsequently 24 submitted to the governing body of the county for adoption shall 25 be accompanied by a document containing written responses to 26 comments made during the comment period. 27 (d) Adoption and ratification of plan.--The governing body 28 of the county shall adopt a plan within 60 days from the end of 29 the public comment period. Not later than ten days following 30 adoption of a plan by the governing body of the county, the plan 19870S0528B2325 - 40 -
1 shall be sent to municipalities within the county for 2 ratification. If a municipality does not act on the plan within 3 90 days of its submission to such municipality, it shall be 4 deemed to have ratified the plan. If more than one-half of the 5 municipalities, representing more than one-half of the county's 6 population as determined by the most recent decennial census by 7 the United States Bureau of the Census, ratify the plan, then 8 the county within ten days of ratification shall submit the plan 9 to the department for approval. 10 (e) Statement of objections.--A municipality may not 11 disapprove of a proposed county plan unless the municipality's 12 resolution of disapproval contains a concise statement of its 13 objections to the plan. Each municipality disapproving a plan 14 shall immediately transmit a copy of its resolution of 15 disapproval to the county and the advisory committee. A 16 conditional approval shall be considered a disapproval. 17 Section 504. Failure to ratify plan. 18 (a) Submission.--If the plan is not ratified as provided in 19 section 503(d), the county shall meet with the advisory 20 committee to discuss the reasons that the plan was not ratified. 21 The advisory committee shall submit a recommendation concerning 22 a revised county plan to the county within 45 days after it 23 becomes apparent that the plan has failed to obtain 24 ratification. The advisory committee's recommendation shall 25 specifically address the objections stated by municipalities in 26 their resolutions of disapproval of the county plan. 27 (b) Adoption of revised plan by county.--The governing body 28 of the county shall adopt a revised plan within 75 days after it 29 has become apparent that the original plan has failed to obtain 30 ratification. Not later than five days following adoption of a 19870S0528B2325 - 41 -
1 revised plan by the governing body of the county, the plan shall 2 be sent to municipalities within the county for ratification. If 3 a municipality does not act on the revised plan within 45 days 4 of its submission to such municipality, it shall be deemed to 5 have ratified the plan. If more than one-half of the 6 municipalities, representing more than one-half of the county's 7 population as determined by the most recent decennial census by 8 the United States Bureau of the Census, ratify the revised plan, 9 then the county within ten days of ratification shall submit the 10 revised plan to the department for approval. 11 (c) Statement of objections.--A municipality may not 12 disapprove of a proposed revised county plan unless the 13 municipality's resolution of disapproval contains a concise 14 statement of its objections to the plan. Each municipality shall 15 immediately transmit a copy of its resolution of disapproval to 16 the county. 17 (d) Failure to ratify revised plan.--If the plan is not 18 ratified as provided in subsection (b), the county shall submit 19 the revised plan to the department for approval. The revised 20 plan shall be submitted within ten days after it is apparent 21 that the plan has failed to obtain ratification and shall be 22 accompanied by the county's written response to the objections 23 stated by municipalities in the resolutions of disapproval. 24 Section 505. Review of municipal waste management plans. 25 (a) Departmental approval options.--Within 30 days after 26 receiving a complete plan, the department shall approve, 27 conditionally approve or disapprove it, unless the department 28 gives written notice that additional time is necessary to 29 complete its review. If the department gives such notice, it 30 shall have 30 additional days to render a decision. 19870S0528B2325 - 42 -
1 (b) Minimum plan requirement.--The department shall approve 2 any county plan that demonstrates to the satisfaction of the 3 department that: 4 (1) The plan is complete and accurate, and consistent 5 with this act and regulations promulgated hereunder. 6 (2) The plan provides for the maximum feasible 7 development and implementation of recycling programs. 8 (3) The plan provides for the processing and disposal of 9 municipal waste in a manner that is consistent with the 10 requirements of the Solid Waste Management Act, and the 11 regulations promulgated pursuant thereto. 12 (4) The plan provides for the processing and disposal of 13 municipal waste for at least ten years. 14 (5) If the plan proposes that municipal waste generated 15 within the county's boundaries be required, by means other 16 than contracts, to be processed or disposed at a designated 17 facility under section 303(e), the plan explains the basis 18 for doing so. 19 (6) If the plan proposes that the county own or operate 20 a municipal waste processing or disposal facility, the plan 21 explains the basis for doing so. 22 (c) Zoning powers unaffected.--Nothing in this act shall be 23 construed or understood to enlarge or diminish the authority of 24 municipalities to adopt ordinances pursuant to, or to exempt 25 persons acting under the authority of this act from, the 26 provisions of the act of July 31, 1968 (P.L.805, No.247), known 27 as the Pennsylvania Municipalities Planning Code, provided such 28 ordinances do not interfere with the reasonable expansion, 29 pursuant to a permit application filed with the department prior 30 to the effective date of this act, of existing permitted 19870S0528B2325 - 43 -
1 municipal owned municipal waste landfills. 2 Section 506. Contracts. 3 (a) General rule.--Except as otherwise provided in this act, 4 nothing in this act shall be construed to interfere with, or in 5 any way modify, the provisions of any contract for municipal 6 waste disposal, processing or collection in force in any county, 7 other municipality or municipal authority upon the effective 8 date of this act or prior to the adoption pursuant to this act 9 of a department-approved municipal waste management plan. 10 (b) Renewals.--No renewal of any existing contract upon the 11 expiration or termination of the original term thereof, and no 12 new contract for municipal waste disposal, processing or 13 collection shall be entered into after the effective date of 14 this act, if such renewal or such new contract fails to conform 15 to the applicable provisions of this act or interferes with the 16 implementation of a department-approved municipal waste 17 management plan. 18 Section 507. Relationship between plans and permits. 19 (a) Limitation on permit issuance.--After the date of 20 submission to the department of all executed ordinances, 21 contracts or other requirements under section 513, the 22 department shall not issue any permit, or any permit that 23 results in additional capacity, for a municipal waste landfill 24 or resource recovery facility under the Solid Waste Management 25 Act, in the county unless the applicant demonstrates to the 26 department's satisfaction that the proposed facility: 27 (1) is provided for in the plan for the county; or 28 (2) meets all of the following requirements: 29 (i) The proposed facility will not interfere with 30 implementation of the approved plan. 19870S0528B2325 - 44 -
1 (ii) The proposed facility will not interfere with 2 municipal waste collection, storage, transportation, 3 processing or disposal in the host county. 4 (iii) The proposed location of the facility is at 5 least as suitable as alternative locations giving 6 consideration to environmental and economic factors. 7 (iv) The governing body of the proposed host county 8 has received written notice of the proposed facility from 9 the applicant pursuant to section 504 of the Solid Waste 10 Management Act, and within 60 days from such 11 notification, the governing body of the proposed host 12 county has not provided the department with written 13 objections to the proposed facility. Should the governing 14 body of the proposed host county file timely objections 15 to the department, the department shall not approve the 16 permit application, unless the department determines the 17 proposed facility complies with the appropriate 18 environmental, public health and safety requirements and 19 is in compliance with this paragraph. 20 (b) Exemption.--This section shall not impose any limitation 21 on the department's authority to issue a permit in a county 22 prior to the department's approval of a municipal waste 23 management plan for the county under this act. 24 Section 508. Studies. 25 (a) Market development for recyclable materials.--Within 15 26 months after the effective date of this act, the department 27 shall submit to the General Assembly a report that describes: 28 (1) The current and projected capacity of existing 29 markets to absorb materials generated by municipal recycling 30 programs in this Commonwealth. 19870S0528B2325 - 45 -
1 (2) Market conditions that inhibit or affect demand for 2 materials generated by municipal recycling programs. 3 (3) Potential opportunities to increase demand for and 4 use of materials generated by municipal recycling programs. 5 (4) Recommendations for specific actions to increase and 6 stabilize the demand for materials generated by municipal 7 recycling programs, including, but not limited to, proposed 8 legislation if necessary. 9 (5) Specific recommendations on markets for recycled 10 materials for each region of this Commonwealth. 11 (b) Update of market study.--Within three years after the 12 completion of the market development study described in 13 subsection (a), the department shall submit to the General 14 Assembly an update of the study, taking into account information 15 developed since its completion. 16 (c) Waste reduction.--Within 24 months after the effective 17 date of this act, the department shall submit to the General 18 Assembly a report: 19 (1) That describes various mechanisms that could be 20 utilized to stimulate and enhance waste reduction, including 21 their advantages and disadvantages. The mechanisms to be 22 analyzed shall include, but not be limited to, incentives for 23 prolonging product life, methods for ensuring product 24 recyclability, taxes for excessive packaging, tax incentives, 25 prohibitions on the use of certain products and performance 26 standards for products. 27 (2) That includes recommendations to stimulate and 28 enhance waste reduction, including, but not limited to, 29 proposed legislation if necessary. 30 (d) Update of waste reduction study.--Within three years 19870S0528B2325 - 46 -
1 after the completion of the waste reduction study described in 2 subsection (c), the department shall submit to the General 3 Assembly an update of the study, taking into account information 4 developed since its completion. 5 (e) Distribution to municipalities.--The department shall 6 promptly make available to municipalities and other interested 7 persons the results of the studies required by this section. 8 Section 509. Best available technology. 9 (a) Publication of criteria.--The department, after public 10 notice and an opportunity for comment, shall publish in the 11 Pennsylvania Bulletin criteria for best available technology (as 12 defined in 25 Pa. Code § 121.1 (relating to definitions)) for 13 new resource recovery facilities. 14 (b) Restriction on issuance of certain permits.--The 15 department shall not issue any approval or permit for a new 16 resource recovery facility under the act of January 8, 1960 17 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, 18 that is less stringent than any provision of the applicable best 19 available technology criteria. The department shall require any 20 permit renewal of a resource recovery facility to operate in 21 compliance with the reasonably available technology control 22 standards as established by the department. 23 (c) Operation tests and reports.--The operator of any 24 resource recovery facility shall conduct tests for emissions of 25 particulate matter in accordance with standards of performance 26 for new sources specified by the United States Environmental 27 Protection Agency for incinerators, resource recovery facilities 28 and associated control devices and shall report the results in a 29 manner established by the department. 30 (d) New technologies.--Nothing contained in this act shall 19870S0528B2325 - 47 -
1 prohibit a private commercial enterprise from developing and 2 implementing innovative or alternative, environmentally 3 acceptable, means of reducing, processing, recycling and/or 4 disposing of waste generated by the applicant commercial 5 enterprise's operation, either onsite or otherwise, which means 6 are not violative of, nor inconsistent with, the provisions and 7 purposes of the Solid Waste Management Act, this act and 8 department regulations. 9 Section 510. Permit requirements. 10 (a) Permits.--The department shall not issue any approval or 11 permit for a resource recovery facility under the Solid Waste 12 Management Act, unless the applicant has provided the department 13 with adequate documentation and assurances that all ash residue 14 produced from or by a resource recovery facility will be 15 disposed at a permitted landfill. Prior to the approval of any 16 permit application for a resource recovery facility, the 17 operator shall submit a plan to the department for the alternate 18 disposal of municipal waste designated for disposal at the 19 resource recovery facility. 20 (b) Study of effects on water supply.--The department shall 21 not issue any approval or permit for a resource recovery 22 facility unless the applicant has provided the department with a 23 study that documents the short-term and long-term effects that 24 the facility will have on the public and private water supply. 25 The study shall include, but not be limited to, effects of 26 pollution, contamination, diminution, and alternative sources of 27 water adequate in quantity and quality for the purposes served 28 by the water supply both public and private. 29 Section 511. Site limitation. 30 (a) General rule.--The department shall not issue a permit 19870S0528B2325 - 48 -
1 for, nor allow the operation of, a new municipal waste landfill, 2 a new commercial residual waste treatment facility or a new 3 resource recovery facility within 300 yards of a building which 4 is owned by a school district or a parochial school and used for 5 instructional purposes, parks or playgrounds existing prior to 6 the date the department has received an administratively 7 complete application for a permit for such facilities. This 8 subsection shall not affect any modification, extension, 9 addition or renewal of existing permitted facilities. 10 (b) Existing features.--In applying subsection (a), the 11 department shall use the same provisions concerning existing 12 features that are present in its municipal waste regulations for 13 other areas where municipal waste landfills and resource 14 recovery facilities are prohibited. 15 (c) Authorization.--Nothing in this section shall prevent 16 the department from establishing site limitations by regulation 17 under the Solid Waste Management Act, in addition to or more 18 stringent than those established in this section. 19 (d) Exemption by request.--The current property owner under 20 subsection (a) in which a new facility is proposed may waive the 21 300-yard prohibition by signing a written waiver and, upon such 22 request, the department shall waive the 300 yard prohibition and 23 shall not use such prohibition as the basis for the denial of a 24 new permit. 25 (e) Waiver.--The department may grant a waiver of the 26 property line setback requirement in the department's 27 regulations under the Solid Waste Management Act for resource 28 recovery facilities if, upon petition by a permit applicant, the 29 department determines that the proposed facility is in 30 conformance with local zoning codes and that the operation of 19870S0528B2325 - 49 -
1 the facility would result in an overall reduction in air 2 emissions and that all owners of occupied dwellings within the 3 above setbacks have provided written waivers consenting to the 4 facility being closer than required in the regulations. 5 Section 512. Completeness review. 6 (a) General rule.--After receipt of a permit application 7 under the Solid Waste Management Act for a landfill or resource 8 recovery facility, the department shall determine whether the 9 application is administratively complete. For purposes of this 10 section, an application is administratively complete if it 11 contains necessary information, maps, fees and other documents, 12 regardless of whether the information, maps, fees and documents 13 would be sufficient for issuance of the permit. 14 (1) If the application is not administratively complete, 15 the department shall, within 60 days of receipt of the 16 application, return it to the applicant, along with a written 17 statement of the specific information, maps, fees and 18 documents that are required to make the application 19 administratively complete. 20 (2) The department shall deny the application if the 21 applicant fails to provide the information, maps, fees and 22 documents within 90 days of receipt of the notice in 23 paragraph (1). 24 (b) Review period.-- 25 (1) The department shall issue or deny permit 26 applications under this act within the following periods of 27 time: 28 (i) For municipal waste and construction/demolition 29 waste landfills, within nine months from the date of the 30 department's determination under subsection (a) that the 19870S0528B2325 - 50 -
1 application is administratively complete. 2 (ii) For all other permits, within six months from 3 the date of the department's determination under 4 subsection (a) that the application is administratively 5 complete. 6 (2) The time periods in paragraph (1) do not include a 7 period beginning with the date that the department in writing 8 has requested the applicant to make substantive corrections 9 or changes to the application and ending with the date that 10 the applicant submits the corrections or changes to the 11 department's satisfaction. 12 Section 513. Future availability. 13 (a) Submission of ordinances.--Within one year following 14 approval of a plan by the department, including plans approved 15 pursuant to section 501(b), the county shall cause to be 16 submitted to the department copies of all executed ordinances, 17 contracts or other requirements to implement its approved plan 18 and that will be used to ensure sufficient available capacity to 19 properly dispose or process all municipal waste that is expected 20 to be generated within the county for the next ten years. The 21 county may have such documents, contracts or other requirements 22 submitted by a person to whom it has delegated such 23 responsibility under section 303(d). 24 (b) Acceptable documents.--The contracts or other documents 25 shall make the demonstration required by subsection (a) by any 26 of the following: 27 (1) County ownership, operation or control of a facility 28 or facilities with such available capacity. 29 (2) Contracts between the county and one or more persons 30 for the right to use a facility or facilities with such 19870S0528B2325 - 51 -
1 available capacity. 2 (3) Third-party contracts for the right to use a 3 facility or facilities with such available capacity. 4 (c) Compliance.--The county shall assure that facilities 5 subject to this section meet the requirements of section 507(a). 6 (d) Definition.--As used in this section, the term 7 "sufficient available capacity" includes facilities not in 8 existence for which the county has binding commitments. 9 CHAPTER 7 10 RECYCLING FEE 11 Section 701. Recycling fee for municipal waste landfills and 12 resource recovery facilities. 13 (a) Imposition.--There is imposed a recycling fee of $2 per 14 ton for all solid waste processed at resource recovery 15 facilities and for all solid waste except process residue and 16 nonprocessible waste from a resource recovery facility that is 17 disposed of at municipal waste landfills. Such fee shall be paid 18 by the operator of each municipal waste landfill and resource 19 recovery facility. 20 (b) Alternative calculation.--The fee for operators of 21 municipal waste landfills and resource recovery facilities that 22 do not weigh solid waste when it is received shall be calculated 23 as if three cubic yards were equal to one ton of solid waste. 24 (c) Waste weight requirement.--On and after April 9, 1990, 25 each operator of a municipal waste landfill and resource 26 recovery facility that has received 30,000 or more cubic yards 27 of solid waste in the previous calendar year shall weigh all 28 solid waste when it is received. The scale used to weigh solid 29 waste shall conform to the requirements of the act of December 30 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act 19870S0528B2325 - 52 -
1 of 1965, and the regulations promulgated pursuant thereto. The 2 operator of the scale shall be a licensed public weighmaster 3 under the act of April 28, 1961 (P.L.135, No.64), known as the 4 Public Weighmaster's Act, and the regulations promulgated 5 pursuant thereto. 6 (d) Sunset for fee.--No fee shall be imposed under this 7 section on and after the first day of the eleventh year 8 following the effective date of this act. 9 Section 702. Form and timing of recycling fee payment. 10 (a) Quarterly payments.--Each operator of a municipal waste 11 landfill and resource recovery facility shall make the recycling 12 fee payment quarterly. The fee shall be paid on or before the 13 20th day of April, July, October and January for the three 14 months ending the last day of March, June, September and 15 December. 16 (b) Quarterly reports.--Each recycling fee payment shall be 17 accompanied by a form prepared and furnished by the department 18 and completed by the operator. The form shall state the total 19 weight or volume of solid waste received by the facility during 20 the payment period and provide any other aggregate information 21 deemed necessary by the department to carry out the purposes of 22 this act. The form shall be signed by the operator. 23 (c) Timeliness of payment.--The operator shall be deemed to 24 have made a timely payment of the recycling fee if the operator 25 complies with all of the following: 26 (1) The enclosed payment is for the full amount owed 27 pursuant to this section and no further departmental action 28 is required for collection. 29 (2) The payment is accompanied by the required form, and 30 such form is complete and accurate. 19870S0528B2325 - 53 -
1 (3) The letter transmitting the payment that is received 2 by the department is postmarked by the United States Postal 3 Service on or prior to the final day on which the payment is 4 to be received. 5 (d) Discount.--Any operator that makes a timely payment of 6 the recycling fee as provided in this section shall be entitled 7 to credit and apply against the fee payable, a discount of 1% of 8 the amount of the fee collected. 9 (e) Refunds.--Any operator that believes he has overpaid the 10 recycling fee may file a petition for refund to the department. 11 If the department determines that the operator has overpaid the 12 fee, the department shall refund to the operator the amount due 13 him, together with interest at a rate established pursuant to 14 section 806.1 of the act of April 9, 1929 (P.L.343, No.176), 15 known as The Fiscal Code, from the date of overpayment. No 16 refund of the recycling fee shall be made unless the petition 17 for the refund is filed with the department within six months of 18 the date of the overpayment. 19 (f) Alternative proof of payment.--For purposes of this 20 section, presentation of a receipt indicating that the payment 21 was mailed by registered or certified mail on or before the due 22 date shall be evidence of timely payment. 23 Section 703. Collection and enforcement of fee. 24 (a) Interest.--If an operator fails to make a timely payment 25 of the recycling fee, the operator shall pay interest on the 26 unpaid amount due at the rate established pursuant section 806 27 of the act of April 9, 1929 (P.L.343, No.176), known as The 28 Fiscal Code, from the last day for timely payment to the date 29 paid. 30 (b) Additional penalty.--In addition to the interest 19870S0528B2325 - 54 -
1 provided in subsection (a), if an operator fails to make timely 2 payment of the recycling fee, there shall be added to the amount 3 of fee actually due 5% of the amount of such fee, if the failure 4 to file a timely payment is for not more than one month, with an 5 additional 5% for each additional month, or fraction thereof, 6 during which such failure continues, not exceeding 25% in the 7 aggregate. 8 (c) Assessment notices.-- 9 (1) If the department determines that any operator has 10 not made a timely payment of the recycling fee, it will send 11 the operator a written notice of the amount of the 12 deficiency, within 30 days of determining such deficiency. 13 When the operator has not provided a complete and accurate 14 statement of the weight or volume of solid waste received at 15 the facility for the payment period, the department may 16 estimate the weight or volume in its notice. 17 (2) The operator charged with the deficiency shall have 18 30 days to pay the deficiency in full or, if the operator 19 wishes to contest the deficiency, forward the amount of the 20 deficiency to the department for placement in an escrow 21 account with the State Treasurer or any Pennsylvania bank, or 22 post an appeal bond in the amount of the deficiency. Such 23 bond shall be executed by a surety licensed to do business in 24 this Commonwealth and be satisfactory to the department. 25 Failure to forward the money or the appeal bond to the 26 department within 30 days shall result in a waiver of all 27 legal rights to contest the deficiency. 28 (3) If, through administrative or judicial review of the 29 deficiency, it is determined that the amount of deficiency 30 shall be reduced, the department shall within 30 days remit 19870S0528B2325 - 55 -
1 the appropriate amount to the operator, with any interest 2 accumulated by the escrow deposit. 3 (4) The amount determined after administrative hearing 4 or after waiver of administrative hearing shall be payable to 5 the Commonwealth and shall be collectible in the manner 6 provided in section 1709. 7 (5) Any other provision of law to the contrary 8 notwithstanding, there shall be a statute of limitations of 9 five years upon actions brought by the Commonwealth pursuant 10 to this section. 11 (6) If any amount due hereunder remains unpaid 30 days 12 after receipt of notice thereof, the department may order the 13 operator of the facility to cease receiving any solid waste 14 until the amount of the deficiency is completely paid. 15 (d) Filing of appeals.--Notwithstanding any other provision 16 of law, all appeals of final department actions concerning the 17 resource recovery fee, including, but not limited to, petitions 18 for refunds, shall be filed with the Environmental Hearing 19 Board. 20 (e) Constructive trust.--All recycling fees collected by an 21 operator and held by such operator prior to payment to the 22 department shall constitute a trust fund for the Commonwealth, 23 and such trust shall be enforceable against such operator, its 24 representatives and any person receiving any part of such fund 25 without consideration or with knowledge that the operator is 26 committing a breach of the trust. However, any person receiving 27 payment of lawful obligation of the operator from such fund 28 shall be presumed to have received the same in good faith and 29 without any knowledge of the breach of trust. 30 (f) Remedies cumulative.--The remedies provided to the 19870S0528B2325 - 56 -
1 department in this section are in addition to any other remedies 2 provided at law or in equity. 3 Section 704. Records. 4 Each operator shall keep daily records of all deliveries of 5 solid waste to the facility as required by the department, 6 including, but not limited to, the name and address of the 7 hauler, the source of the waste, the kind of waste received and 8 the weight or volume of the waste. A copy of these records shall 9 be maintained at the site by the operator for no less than five 10 years and shall be made available to the department and the host 11 municipality for inspection, upon request. 12 Section 705. Surcharge. 13 The provisions of any law to the contrary notwithstanding, 14 the operator may collect the fee imposed by this section as a 15 surcharge on any fee schedule established pursuant to law, 16 ordinance, resolution or contract for solid waste processing or 17 disposal operations at the facility. In addition, any person who 18 collects or transports solid waste subject to the recycling fee 19 to a municipal waste landfill or resource recovery facility may 20 impose a surcharge on any fee schedule established pursuant to 21 law, ordinance, resolution or contract for the collection or 22 transportation of solid waste to the facility. The surcharge 23 shall be equal to the increase in disposal fees at the facility 24 attributable to the recycling fee. However, interest and 25 penalties on the fee under section 703(a) and (b) may not be 26 collected as a surcharge. 27 Section 706. Recycling Fund. 28 (a) Establishment.--All fees received by the department 29 pursuant to section 701 shall be paid into the State Treasury 30 into a special fund to be known as the Recycling Fund, which is 19870S0528B2325 - 57 -
1 hereby established. 2 (b) Appropriation.--All moneys placed in the Recycling Fund 3 are hereby appropriated to the department for the purposes set 4 forth in this section. The department shall annually submit to 5 the Governor for his approval estimates of amounts to be 6 expended under this act. 7 (c) Allocations.--The department shall, to the extent 8 practicable, allocate the moneys received by the Recycling Fund, 9 including all interest generated thereon, in the following 10 manner over the life of the fund: 11 (1) At least 70% shall be expended by the department for 12 grants to municipalities for the development and 13 implementation of recycling programs as set forth in section 14 902, recycling coordinators as provided in section 903, for 15 grants for municipal recycling programs as set forth in 16 section 904, and market development and waste reduction 17 studies as set forth in section 508; for implementation of 18 the recommendations in the studies required by section 508; 19 and for research conducted or funded by the Department of 20 Transportation pursuant to section 1506. 21 (2) Up to 10% may be expended by the department for 22 grants for feasibility studies for municipal waste processing 23 and disposal facilities, except for facilities for the 24 combustion of municipal waste that are not proposed to be 25 operated for the recovery of energy as set forth in section 26 901. 27 (3) Up to 30% may be expended by the department for 28 public information, public education and technical assistance 29 programs concerning litter control, recycling and waste 30 reduction, including technical assistance programs for 19870S0528B2325 - 58 -
1 counties and other municipalities, for research and 2 demonstration projects, for planning grants as set forth in 3 section 901, for the host inspector training program as set 4 forth in section 1102, and for other purposes consistent with 5 this act. 6 (4) No more than 3% may be expended for the collection 7 and administration of moneys in the fund. 8 (d) Transfer.--On the first day of the sixteenth year after 9 the fee imposed by section 701 becomes effective, all moneys in 10 the Recycling Fund that are not obligated shall be transferred 11 to the Solid Waste Abatement Fund and expended in the same 12 manner as other moneys in the Solid Waste Abatement Fund. On the 13 first day of the nineteenth year after the fee imposed by 14 section 701 becomes effective, all moneys in the Recycling Fund 15 that are not expended shall be transferred to the Solid Waste 16 Abatement Fund and expended in the same manner as other moneys 17 in the Solid Waste Abatement Fund. 18 (e) Advisory committee.--The secretary shall establish a 19 Recycling Fund Advisory Committee composed of representatives of 20 counties, other municipalities, municipal authorities, the 21 municipal waste management industry, the municipal waste 22 recycling industry, municipal waste generating industry and the 23 general public. The committee shall also include members of the 24 General Assembly, one appointed by each of the following: the 25 Speaker of the House of Representatives, the Minority Leader of 26 the House of Representatives, the President pro tempore of the 27 Senate and the Minority Leader of the Senate. The committee 28 shall meet at least annually to review the Commonwealth's 29 progress in meeting the goals under section 102(c), to recommend 30 priorities on expenditures from the fund, and to advise the 19870S0528B2325 - 59 -
1 secretary on associated activities concerning the administration 2 of the fund. The department shall reimburse members of the 3 committee for reasonable travel, hotel and other necessary 4 expenses incurred in performance of their duties under this 5 section. 6 (f) Annual reports.--The department shall submit an annual 7 report to the General Assembly on receipts to and disbursements 8 from the Recycling Fund in the previous fiscal year, projections 9 for revenues and expenditures in the coming fiscal year, and the 10 Commonwealth's progress in achieving the goals set forth in 11 section 102(c). The annual report due two years before the 12 expiration of the recycling fee under section 701(d) shall 13 contain a recommendation whether the fee should continue to be 14 imposed after the expiration date and, if so, the proposed 15 amount of the fee. 16 CHAPTER 9 17 GRANTS 18 Section 901. Planning grants. 19 The department shall, upon application from a county, award 20 grants for the cost of preparing municipal waste management 21 plans in accordance with this act; for carrying out related 22 studies, surveys, investigations, inquiries, research and 23 analyses, including those related by siting; and for 24 environmental mediation. The department may also award grants 25 under this section for feasibility studies and project 26 development for municipal waste processing or disposal 27 facilities, except for facilities for the combustion of 28 municipal waste that are not proposed to be operated for the 29 recovery of energy. The application shall be made on a form 30 prepared and furnished by the department. The application shall 19870S0528B2325 - 60 -
1 contain such information as the department deems necessary to 2 carry out the provisions and purposes of this act. The grant to 3 any county under this section shall be 80% of the approved cost 4 of such plans and studies. 5 Section 902. Grants for development and implementation of 6 municipal recycling programs. 7 (a) Authorization.--The department shall award grants for 8 development and implementation of municipal recycling programs, 9 upon application from any municipality which meets the 10 requirements of this section. The grant provided by this section 11 may be used to identify markets, develop a public education 12 campaign, purchase collection and storage equipment, and do 13 other things necessary to establish a municipal recycling 14 program. The grant may be used to purchase collection equipment, 15 only to the extent needed for collection of recyclable 16 materials, and mechanical processing equipment, only to the 17 extent that such equipment is not available to the program in 18 the private sector. The application shall be made on a form 19 prepared and furnished by the department. The application shall 20 explain the structure and operation of the program and shall 21 contain such other information as the department deems necessary 22 to carry out the provisions and purposes of this act. The grant 23 under this section to a municipality required by section 1501 to 24 implement a recycling program shall be 90% of the approved cost 25 of establishing a municipal recycling program. The grant under 26 this section to a municipality not required by section 1501 to 27 implement a recycling program shall be 90% of the approved cost 28 of establishing a municipal recycling program. In addition to 29 the grant under this section, a financially distressed 30 municipality, as defined in section 203(f) of the act of July 19870S0528B2325 - 61 -
1 10, 1987 (P.L.246, No.47), known as the Financial Distressed 2 Municipalities Act, that is required by section 1501 to 3 implement a recycling program shall be eligible for an 4 additional grant equal to 10% of the approved cost of 5 establishing a municipal recycling program. 6 (b) Prerequisites.--The department shall not award any grant 7 under this section unless it is demonstrated to the department's 8 satisfaction that: 9 (1) The application is complete and accurate. 10 (2) The recycling program for which the grant is sought 11 does not duplicate any other recycling programs operating 12 within the municipality. 13 (3) If the applicant is not required to implement a 14 recycling program by section 1501, the application describes 15 the collection system for the program, including: 16 (i) materials collected and persons affected; 17 (ii) contracts for the operation of the program; 18 (iii) markets or uses for collected materials, 19 giving consideration to the results of the market 20 development study required by section 508 if the results 21 are available; 22 (iv) ordinances or other mechanisms that will be 23 used to ensure that materials are collected; 24 (v) public information and education; 25 (vi) program economics, including avoided processing 26 or disposal costs; and 27 (vii) other information deemed necessary by the 28 department. 29 (4) If the municipality proposes to use some or all of 30 the grant funds to purchase mechanical processing equipment, 19870S0528B2325 - 62 -
1 the equipment is not available to the program in the private 2 sector. Before submitting the application to the department, 3 the municipality shall publish in a newspaper of general 4 circulation a notice describing in reasonable detail the 5 equipment which the municipality proposes to purchase or 6 cause to be purchased and the proposed uses of the equipment, 7 and allow 30 days for written response from any interested 8 persons. The application shall describe the responses 9 received and shall explain why the municipality has concluded 10 that such equipment is not available from the private sector. 11 (c) Municipal retroactive grants with restrictions.--The 12 grant authorized by this section may be awarded to any 13 municipality for eligible costs incurred for a municipal 14 recycling program after 60 days prior to the effective date of 15 this act. However, no grant may be authorized under this section 16 for a municipal recycling program that has received a grant from 17 the department under the act of July 20, 1974 (P.L.572, No.198), 18 known as the Pennsylvania Solid Waste - Resource Recovery 19 Development Act, except for costs that were not paid by such 20 grant. 21 (d) Priority.--Each municipality, other than a county, which 22 establishes and implements a mandatory source separation and 23 collection program for recyclable materials shall be given the 24 same priority with municipalities subject to the requirements of 25 section 1501 for grants under this section. 26 Section 903. Grants for recycling coordinators. 27 (a) Authorization.--The department shall award grants to 28 reimburse counties for authorized costs incurred for the salary 29 and expenses of recycling coordinators, upon application from 30 any county. The application shall be made on a form prepared and 19870S0528B2325 - 63 -
1 furnished by the department. The application shall explain the 2 duties and activities of the county recycling coordinator. If a 3 recycling coordinator has been active prior to the year for 4 which the grant is sought, the application shall also explain 5 the coordinator's activities and achievements in the previous 6 year. 7 (b) Limit on grant.--The grant under this section shall not 8 exceed 50% of the approved cost of the recycling coordinator's 9 salary and expenses. 10 Section 904. Performance grants for municipal recycling 11 programs. 12 (a) Authorization.--The department shall award annual 13 performance grants for municipal recycling programs, upon 14 application from a municipality. The application shall be made 15 on a form prepared and furnished by the department. The 16 application shall contain such information as the department 17 deems necessary to carry out the provisions and purposes of this 18 act. 19 (b) Availability.--The department shall award a grant under 20 this section to a municipality based on the type and weight of 21 source-separated recyclable materials identified in section 1501 22 that were recycled in the previous calendar year, and the 23 population of the municipality. 24 (c) Amount.--The amount of the grant shall be based on 25 available funds under section 706 and shall be available to all 26 municipalities which have a recycling program in existence on or 27 will initiate a program after the effective date of this act. 28 (d) Prerequisites.--The department shall not award any grant 29 under this section unless the application is complete and 30 accurate, and the materials were actually marketed. The 19870S0528B2325 - 64 -
1 department shall not award any grant under this section for the 2 operation of a leaf waste composting facility. 3 Section 905. General limitations. 4 (a) Content of application.--Each grant application under 5 this chapter shall include provisions for an independent 6 performance audit, which shall be completed within six months 7 after all reimbursable work under the grant has been completed. 8 (b) Monetary limit on grant.--The department may not award 9 more than 10% of the moneys available under any grant under this 10 chapter in any fiscal year to any county. 11 (c) Other limitations on grants.--The department may not 12 award any grant under this chapter to any county or municipality 13 that has failed to comply with the conditions set forth in 14 previously awarded grants under this chapter, the requirements 15 of this chapter, and any regulations promulgated pursuant 16 thereto. 17 (d) Lapse of grant.--A grant offering pursuant to this 18 chapter shall lapse automatically if funds for the grant are not 19 encumbered within one year of the offering. To obtain the grant 20 after an offering has lapsed, the grantee must submit a new 21 application in a subsequent funding period. 22 (e) Lapse of encumbered funds.--Grant funds that have been 23 encumbered shall lapse automatically to the recycling fund if 24 the funds are not expended within two years after they have been 25 encumbered. The department may, upon written request from the 26 grantee, extend the two-year period for an additional period of 27 up to three months. To obtain any funds that have lapsed to the 28 recycling fund, the grantee must submit a new application in a 29 subsequent funding period. 30 (f) Availability of funds.--All obligations of the 19870S0528B2325 - 65 -
1 Commonwealth under this chapter are contingent upon the 2 availability of funds under section 706. 3 CHAPTER 11 4 ASSISTANCE TO MUNICIPALITIES 5 Section 1101. Information provided to host municipalities. 6 (a) Departmental information.--The department will provide 7 all of the following information to the governing body of host 8 municipalities for municipal waste landfills and resource 9 recovery facilities: 10 (1) Copies of each department inspection report for such 11 facilities under the Solid Waste Management Act, the act of 12 June 22, 1937 (P.L.1987, No.394), known as The Clean Streams 13 Law, the act of January 8, 1960 (1959 P.L.2119, No.787), 14 known as the Air Pollution Control Act, and the act of 15 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 16 and Encroachments Act, within five working days after the 17 preparation of such reports. 18 (2) Prompt notification of all department enforcement or 19 emergency actions for such facilities, including, but not 20 limited to, abatement orders, cessation orders, proposed and 21 final civil penalty assessments, and notices of violation. 22 (3) Copies of all air and water quality monitoring data 23 collected by the department at such facilities, within five 24 working days after complete laboratory analysis of such data 25 becomes available to the department. 26 (b) Operator information.--Every operator of a municipal 27 waste landfill or resource recovery facility shall provide to 28 the host municipality copies of all air and water quality 29 monitoring data as required by the department for the facility 30 conducted by or on behalf of the operator, within five days 19870S0528B2325 - 66 -
1 after such data becomes available to the operator. 2 (c) Public information.--All information provided to the 3 host municipality under this section shall be made available to 4 the public for review upon request. 5 (d) Information to county.--If the host municipality owns or 6 operates the municipal waste landfill or resource recovery 7 facility, or proposes to own or operate such landfill or 8 facility, the information required by this section shall be 9 provided to the county within which the landfill or facility is 10 located or proposed to be located instead of the host 11 municipality. 12 (e) Sign on vehicle.--A vehicle or conveyance used for the 13 transporting of solid waste shall bear the name and business 14 address of the person or municipality which owns the vehicle or 15 conveyance and the specific type of solid waste transported by 16 the vehicle or conveyance. All signs shall have lettering which 17 is at least six inches in height. 18 Section 1102. Joint inspections with host municipalities. 19 (a) Training of inspectors.-- 20 (1) The department shall establish and conduct a 21 training program to certify host municipality inspectors for 22 municipal waste landfills and resource recovery facilities. 23 This program will be available to no more than two persons 24 who have been designated in writing by the host municipality. 25 The department shall hold training programs at least twice a 26 year. The department shall certify host municipality 27 inspectors upon completion of the training program and 28 satisfactory performance in an examination administered by 29 the department. 30 (2) Certified municipal inspectors are authorized to 19870S0528B2325 - 67 -
1 enter property, inspect only those records required by the 2 department, take samples and conduct inspections in 3 accordance with department regulations as applicable to 4 department inspectors. However, certified municipal 5 inspectors may not issue orders except as provided in this 6 subsection. A certified municipal inspector may order the 7 operator of a facility to cease any operation or activity at 8 the facility which constitutes an immediate threat to public 9 health and safety and which represents a violation of the 10 Solid Waste Management Act, the regulations promulgated under 11 that act, any order issued under that act, or the terms or 12 conditions of a permit issued under that act. The order shall 13 expire within two hours unless the inspector notifies the 14 department and the governing body of the host municipality. 15 The department may, after conducting an inspection, supersede 16 the inspector's order by issuing an order of its own which 17 vacates or modifies the terms of the inspector's order. If 18 the department does not supersede the order, the order shall 19 expire after 24 hours unless otherwise extended, continued or 20 modified by a court pursuant to section 1703(b). 21 (3) The department is authorized to pay for the host 22 inspection training program and to pay 50% of the approved 23 cost of employing a certified host municipality inspector for 24 a period not to exceed five years. 25 (4) The department may decertify host municipality 26 inspectors pursuant to regulations promulgated by the 27 Environmental Quality Board. 28 (b) Departmental information.-- 29 (1) Whenever any host municipality presents information 30 to the department which gives the department reason to 19870S0528B2325 - 68 -
1 believe that any municipal waste landfill or resource 2 recovery facility is in violation of any requirement of the 3 act of June 22, 1937 (P.L.1987, No.394), known as The Clean 4 Streams Law, the act of January 8, 1960 (1959 P.L.2119, 5 No.787), known as the Air Pollution Control Act, the act of 6 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 7 and Encroachments Act, the Solid Waste Management Act, any 8 regulation promulgated pursuant thereto, any order issued 9 pursuant thereto or the condition of any permit issued 10 pursuant thereto, the department will promptly conduct an 11 inspection of such facility. 12 (2) The department will notify the host municipality of 13 this inspection and will allow a certified municipal 14 inspector from the host municipality to accompany the 15 inspector during the inspection. 16 (3) If there is not sufficient information to give the 17 department reasons to believe that there is a violation, the 18 department will provide a written explanation to the host 19 municipality of its decision not to conduct an inspection 20 within 30 days of the request for inspection. 21 (4) Upon written request of a host municipality to the 22 department, the department will allow a certified inspector 23 of such municipality to accompany department inspectors on 24 routine inspections of municipal waste landfills and resource 25 recovery facilities. 26 (c) County involvement.--If the host municipality owns or 27 operates the municipal waste landfill or resource recovery 28 facility, the training and inspection requirements of this 29 section shall be available to the county within which the 30 landfill or facility is located instead of the host 19870S0528B2325 - 69 -
1 municipality. 2 Section 1103. Water supply testing for contiguous landowners. 3 (a) Required water sampling.--Upon written request from 4 persons owning land contiguous to a municipal waste landfill, 5 the operator of such landfill shall have quarterly sampling and 6 analysis conducted of private water supplies used by such 7 persons for drinking water. Such sampling and analysis shall be 8 conducted by a laboratory certified pursuant to the act of May 9 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe 10 Drinking Water Act. The laboratory shall be chosen by the 11 landowners from a list of regional laboratories supplied by the 12 department. Sampling and analysis shall be at the expense of the 13 landfill operator. Upon request, the landfill operator shall 14 provide copies of the analyses to persons operating resource 15 recovery facilities that dispose of the residue from the 16 facilities at the landfill. 17 (b) Extent of analysis.--Water supplies shall be analyzed 18 for all parameters or chemical constituents determined by the 19 department to be indicative of typical contamination from 20 municipal waste landfills. The laboratory performing such 21 sampling and analysis shall provide written copies of sample 22 results to the landowner and to the department. 23 (c) Additional sampling required.--If the analysis indicates 24 possible contamination from a municipal waste landfill, the 25 department may conduct, or require the landfill operator to have 26 the laboratory conduct, additional sampling and analysis to 27 determine more precisely the nature, extent and source of 28 contamination. 29 (d) Written notice of rights.--On or before 60 days from the 30 effective date of this act for permits issued under the Solid 19870S0528B2325 - 70 -
1 Waste Management Act prior to the effective date of this act, 2 and at or before the time of permit issuance for permits issued 3 under the Solid Waste Management Act after the effective date of 4 this act, the operator of each municipal waste landfill shall 5 provide contiguous landowners with written notice of their 6 rights under this section on a form prepared by the department. 7 Section 1104. Water supply protection. 8 (a) Alternative water supply requirement.--Any person owning 9 or operating a municipal waste management facility that 10 adversely affects a public or private water supply by pollution, 11 degradation, diminution or other means shall restore the 12 affected supply at no additional cost to the owner or replace 13 the affected supply with an alternate source of water that is of 14 like quantity and quality to the original supply at no 15 additional cost to the owner. If any person shall fail to comply 16 with this requirement, the department may issue such orders to 17 the person as are necessary to assure compliance. 18 (b) Notification to department.--Any landowner or water 19 purveyor suffering pollution, degradation or diminution of a 20 public or private water supply as a result of solid waste 21 management operations at a municipal waste management facility 22 may so notify the department and request that an investigation 23 be conducted. Within ten days of such notification, the 24 department shall begin investigation of any such claims and 25 shall, within 120 days of the notification, make a 26 determination. If the department finds that the pollution, 27 degradation or diminution was caused by the operation of a 28 municipal waste management facility or if it presumes the owner 29 or operator of a municipal waste facility responsible for 30 pollution, degradation or diminution pursuant to subsection (c), 19870S0528B2325 - 71 -
1 then it shall issue such orders to the owner or operator as are 2 necessary to ensure compliance with subsection (a). 3 (c) Rebuttable presumption.--Unless rebutted by one of the 4 four defenses established in subsection (d), it shall be 5 presumed that the owner or operator of a municipal waste 6 landfill is responsible for the pollution, degradation or 7 diminution of a public or private water supply that is within 8 one-quarter mile of the perimeter of the area where solid waste 9 management operations have been carried out. 10 (d) Defenses.--In order to rebut the presumption of 11 liability established in subsection (c), the owner or operator 12 must affirmatively prove by clear and convincing evidence one of 13 the following four defenses: 14 (1) The pollution, degradation or diminution existed 15 prior to any municipal waste management operations on the 16 site as determined by a preoperation survey. 17 (2) The landowner or water purveyor refused to allow the 18 owner or operator access to conduct a preoperation survey. 19 (3) The water supply is not within one-quarter mile of 20 the perimeter of the area where solid waste disposal 21 activities have been carried out. 22 (4) The owner or operator did not cause the pollution, 23 degradation or diminution. 24 (e) Independent testing.--Any owner or operator electing to 25 preserve its defenses under subsection (d)(1) or (2) shall 26 retain the services of an independent certified laboratory to 27 conduct the preoperation survey of water supplies. A copy of the 28 results of any survey shall be submitted to the department and 29 the landowner or water purveyor in a manner prescribed by the 30 department. 19870S0528B2325 - 72 -
1 (f) Other remedies preserved.--Nothing in this act shall 2 prevent any landowner or water purveyor who claims pollution, 3 degradation or diminution of a public or private water supply 4 from seeking any other remedy that may be provided at law or in 5 equity. 6 Section 1105. Purchase of cogenerated electricity. 7 The owner or operator of a resource recovery facility may 8 request that any public utility enter into a contract providing 9 for the interconnection of the facility with the public utility 10 and the purchase of electric energy, or electric energy and 11 capacity, produced and offered for sale by the facility. The 12 terms of any such contract shall be in accordance with the 13 Federal Public Utility Regulatory Policies Act of 1978 (Public 14 Law 95-617, 92 Stat. 3117) and any subsequent amendments, and 15 any applicable Federal regulations promulgated pursuant thereto, 16 and the regulations of the commission. 17 Section 1106. Pennsylvania Public Utility Commission. 18 (a) Application.--If the owner or operator of a resource 19 recovery facility and a public utility fail to agree upon the 20 terms and conditions of a contract for the purchase of electric 21 energy, or electric energy and capacity, within 90 days of the 22 request by the facility to negotiate such a contract, or if the 23 public utility fails to offer a contract, either the owner or 24 operator of the facility or the public utility may request the 25 commission to establish the terms and conditions of such a 26 contract. Such request may be for an informal consultation, a 27 petition for declaratory order or a formal complaint, as 28 appropriate under the circumstances. 29 (b) Commission response.--The commission shall respond to 30 any such request, unless time limits are waived by the owner or 19870S0528B2325 - 73 -
1 operator and utility, as follows: 2 (1) If the request is for an informal consultation, such 3 consultation shall be held within 30 days, and commission 4 staff shall make its recommendation to the parties within 30 5 days after the last consultation or submittal of last 6 requested data, whichever is later. Such recommendation may 7 be oral or written, but shall not be binding on the parties 8 or commission. 9 (2) If the request is in the form of petition for 10 declaratory order, the petitioner shall comply with the 11 requirements of 52 Pa. Code § 5.41 et seq. (relating to 12 petitions) and 52 Pa. Code § 57.39 (relating to informal 13 consultation and commission proceedings). Within 30 days 14 after filing such petition, the commission or its staff 15 assigned to the matter may request that the parties file 16 legal memoranda addressing any issues raised therein. Within 17 60 days after filing of such petition or legal memoranda, 18 whichever is later, the commission shall act to grant or deny 19 such petition. 20 (3) If the request is in the form of a formal complaint, 21 the case shall proceed in accordance with 66 Pa.C.S. § 101 et 22 seq. (relating to public utilities). However, the complaint 23 may be withdrawn at any time, and the matter may proceed as 24 set forth in paragraph (1) or (2). 25 (c) Status as public utility.--A resource recovery facility 26 shall not be deemed a public utility, as such is defined in 66 27 Pa.C.S. § 101 et seq., if such facility produces thermal energy 28 for sale to a public utility and/or ten or less retail 29 customers, all of whom agree to purchase from such facility 30 under mutually agreed upon terms, or if such facility produces 19870S0528B2325 - 74 -
1 thermal energy for sale to any number of retail customers, all 2 of which are located on the same site or site contiguous to that 3 of the selling facility. 4 (d) Effect of section.--The provisions of this section shall 5 take effect notwithstanding the adoption or failure to adopt any 6 regulations by the commission regarding the purchase of electric 7 energy from qualifying facilities, as such term is defined in 8 section 210 of the Federal Public Utility Regulatory Policies 9 Act of 1978 (Public Law 95-617, 92 Stat. 3117), the regulations 10 promulgated pursuant thereto and commission regulations. 11 Section 1107. Claims resulting from pollution occurrences. 12 (a) Financial responsibility.-- 13 (1) Any permit application by a person other than a 14 municipality or municipal authority under the Solid Waste 15 Management Act for a municipal waste landfill or resource 16 recovery facility shall certify that the applicant has in 17 force, or will, prior to the initiation of operations under 18 the permit, have in force, financial assurances for 19 satisfying claims of bodily injury and property damage 20 resulting from pollution occurrences arising from the 21 operation of the landfill or facility. Such financial 22 assurances shall be in place until the effective date of 23 closure certification under the Solid Waste Management Act 24 and the regulations promulgated pursuant thereto, unless the 25 department determines that the landfill or facility may 26 continue to present a significant risk to the public health, 27 safety and welfare or the environment. 28 (2) The form and amount of such financial assurances 29 shall be specified by the department. The required financial 30 assurances may include, but are not limited to, the 19870S0528B2325 - 75 -
1 following: 2 (i) Commercial pollution liability insurance. 3 (ii) A secured standby trust to become self-insured 4 that satisfies a financial test established by 5 regulation. 6 (iii) A trust fund financed by the person and 7 administered by an independent trustee approved by the 8 department. 9 (b) Municipal financial responsibility.-- 10 (1) Any permit application by a municipality or 11 municipal authority under the Solid Waste Management Act for 12 a municipal waste landfill or resource recovery facility 13 shall certify that the applicant has in force, or will, prior 14 to the initiation of operations under the permit, have in 15 force, financial assurances for satisfying claims of bodily 16 injury and property damage resulting from pollution 17 occurrences arising from the operation of the landfill or 18 facility, to the extent that such claims are allowed by 42 19 Pa.C.S. Ch. 85 Subch. C (relating to actions against local 20 parties). Such financial assurances shall be in place until 21 the effective date of closure certification under the Solid 22 Waste Management Act and the regulations promulgated pursuant 23 thereto, unless the department determines that the landfill 24 or facility may continue to present a significant risk to the 25 public health, safety and welfare or the environment. 26 (2) The form and amount of such financial assurances 27 shall be specified by the department. The required financial 28 assurances may include, but are not limited to, the 29 following: 30 (i) Commercial pollution liability insurance. 19870S0528B2325 - 76 -
1 (ii) A trust fund financed by the municipality and 2 administered by an independent trustee approved by the 3 department. 4 (iii) An insurance pool or self-insurance program 5 authorized by 42 Pa.C.S. § 8564 (relating to liability 6 insurance and self-insurance). 7 (3) In no case shall the department establish minimum 8 financial assurance amounts for a municipality that are 9 greater than the damage limitations established in 42 Pa.C.S. 10 Ch. 85 Subch. C. 11 (c) Liability limited.--A host municipality or county or 12 municipality within the planning area may not be held liable for 13 bodily injury or property damage resulting from pollution 14 occurrences solely by reasons of participation in the 15 preparation or adoption of a county or municipal solid waste 16 plan. Nothing herein shall be construed to prevent any host 17 municipality, county or municipality within the planning area 18 from obtaining or giving such indemnities as may be appropriate 19 in connection with the ownership, operation or control of a 20 municipal solid waste facility. 21 (d) Effect on tort claims.--Nothing in this act shall be 22 construed or understood as in any way modifying or affecting the 23 provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C. 24 Section 1108. Site-specific postclosure fund. 25 (a) Establishment by county.--Each county shall establish an 26 interest-bearing trust with an accredited financial institution 27 for every municipal waste landfill that is operating within its 28 boundaries. This trust shall be established within 60 days of 29 the effective date of this act for landfills permitted by the 30 department prior to the effective date of this act. The trust 19870S0528B2325 - 77 -
1 shall be established prior to the operation of any landfill 2 permitted by the department after the effective date of this 3 act. The requirement to establish a trust shall be satisfied by 4 the submission to the department of a preexisting trust 5 agreement which is substantially similar to the requirements of 6 this section. 7 (b) Purpose.--The trust created for any landfill by this 8 section may be used only for remedial measures and emergency 9 actions that are necessary to prevent or abate adverse effects 10 upon the environment after closure of the landfill. However, the 11 county may withdraw actual costs incurred in establishing and 12 administering the fund in an amount not to exceed 0.5% of the 13 moneys deposited in the fund. 14 (c) Amount.--Each operator of a municipal waste landfill 15 shall pay into the trust on a quarterly basis an amount equal to 16 25¢ per ton of weighed waste or 25¢ per three cubic yards of 17 volume measured waste for all solid waste received at the 18 landfill. 19 (d) Trustee.--The trustee shall manage the trust in 20 accordance with all applicable laws and regulations, except that 21 moneys in the trust shall be invested in a manner that will 22 allow withdrawals as provided in subsection (f). The trustee 23 shall be a person whose trust activities are examined and 24 regulated by a State or Federal agency. The trustee may resign 25 only after giving 120 days' notice to the department and after 26 the appointment of a new trustee. The trustee shall have an 27 office located within the county where the landfill is located. 28 (e) Trust agreement.--The provisions of the trust agreement 29 shall be consistent with the requirements of this section and 30 shall be provided by the operator of the landfill on a form 19870S0528B2325 - 78 -
1 prepared and approved by the department. The trust agreement 2 shall be accompanied by a formal certification of 3 acknowledgment. 4 (f) Withdrawal of funds.--The trustee may release moneys 5 from the trust only upon written request of the operator of a 6 landfill and upon prior written approval by the department. Such 7 request shall include the proposed amount and purpose of the 8 withdrawal and a copy of the department's written approval of 9 the expenditure. A copy of the request shall be provided to the 10 county and the host municipality. A copy of any withdrawal 11 document prepared by the trustee shall be provided to the 12 department, the county and the host municipality. No withdrawal 13 from this trust may be made until after the department has 14 certified closure of the landfill. 15 (g) Abandonment of trust.--If the department certifies to 16 the trustee that the operator of a landfill has abandoned the 17 operation of the landfill or has failed or refused to comply 18 with the requirements of the Solid Waste Management Act, the 19 regulations promulgated pursuant thereto, any order issued 20 pursuant thereto or the terms or conditions of its permit, in 21 any respect, the trustee shall forthwith pay the full amount of 22 the trust to the department. The department may not make such 23 certification unless it has given 30 days' written notice to the 24 operator, the county, and the trustee of the department's intent 25 to do so. 26 (h) Use of abandoned trust.--The department shall expend all 27 moneys collected pursuant to subsection (g) for the purposes set 28 forth in subsection (b). The department may expend money 29 collected from a trust for a landfill only for that landfill. 30 (i) Surplus.--Any moneys remaining in a trust subsequent to 19870S0528B2325 - 79 -
1 final closure of a landfill under the Solid Waste Management Act 2 and the regulations promulgated pursuant thereto shall, upon 3 release of the bond by the department, be divided equally 4 between the county and the host municipality. 5 (j) Duty under law.--Nothing in this section shall be 6 understood or construed to in any way relieve the operator of a 7 municipal waste landfill of any duty or obligation imposed by 8 this act, the Solid Waste Management Act, any other act 9 administered by the department, any order issued pursuant 10 thereto, the regulations promulgated pursuant thereto or the 11 terms or conditions of any permit. 12 (k) Other remedies.--The remedies provided to the department 13 in this section are in addition to any other remedies provided 14 at law or in equity. 15 (l) County not liable.--Nothing in this section shall be 16 understood or construed as imposing any additional 17 responsibility or liability upon the county for compliance of a 18 municipal waste landfill or resource recovery facility with the 19 requirements of this act, the Solid Waste Management Act and the 20 regulations promulgated pursuant thereto. 21 Section 1109. Trust fund for municipally operated landfills. 22 (a) Establishment of trust.--Except as provided in 23 subsection (b), each municipality or municipal authority 24 operating a landfill solely for municipal waste not classified 25 hazardous shall establish an interest-bearing trust with an 26 accredited financial institution. This trust shall be 27 established within 60 days of the effective date of this act for 28 landfills permitted by the department prior to the effective 29 date of this act. The trust shall be established prior to the 30 operation of any landfill permitted by the department after the 19870S0528B2325 - 80 -
1 effective date of this act. 2 (b) Exemption.--Any municipality or municipal authority that 3 has posted a bond that is consistent with the provisions of the 4 Solid Waste Management Act and the regulations promulgated 5 pursuant thereto shall not be required to establish the trust 6 set forth in this section. 7 (c) Purpose.--The trust created for any landfill by this 8 section may be used only for completing final closure of the 9 landfill according to the permit granted by the department under 10 the Solid Waste Management Act and taking such measures as are 11 necessary to prevent adverse effects upon the environment. Such 12 measures include but are not limited to satisfactory monitoring, 13 postclosure care and remedial measures. 14 (d) Amount.--Each municipality or municipal authority 15 operating a landfill solely for municipal waste not classified 16 hazardous shall pay into the trust on a quarterly basis an 17 amount determined by the department for each ton or cubic yard 18 of solid waste disposed at the landfill. This amount shall be 19 based on the estimated cost of completing final closure of the 20 landfill and the weight or volume of waste to be disposed at the 21 landfill prior to closure. 22 (e) Trustee.--The trustee shall manage the trust in 23 accordance with all applicable laws and regulations, except that 24 moneys in the trust shall be invested in a manner that will 25 allow withdrawals as provided in subsection (g). The trustee 26 shall be a person whose trust activities are examined and 27 regulated by a State or Federal agency. The trustee may resign 28 only after giving 120 days' notice to the department and after 29 the appointment of a new trustee. 30 (f) Trust agreement.--The provisions of the trust agreement 19870S0528B2325 - 81 -
1 shall be consistent with the requirements of this section and 2 shall be provided by the municipality or municipal authority on 3 a form prepared and approved by the department. The trust 4 agreement shall be accompanied by a formal certification of 5 acknowledgment. 6 (g) Withdrawal of funds.--The trustee may release moneys 7 from the trust only upon written request of the municipality or 8 municipal authority and upon prior written approval by the 9 department. Such request shall include the proposed amount and 10 purpose of the withdrawal and a copy of the department's written 11 approval of the expenditure. A copy of the request shall be 12 provided to the host municipality. A copy of any withdrawal 13 document prepared by the trustee shall be provided to the 14 department and to the host municipality. No withdrawal from this 15 trust may be made until after closure of the landfill. 16 (h) Abandonment of trust.--If the department certifies to 17 the trustee that the municipality or municipal authority has 18 abandoned the operation of the landfill or has failed or refused 19 to comply with the requirements of the Solid Waste Management 20 Act or the regulations promulgated pursuant thereto in any 21 respect, the trustee shall forthwith pay the full amount of the 22 trust to the department. The department may not make such 23 certification unless it has given 30 days' written notice to the 24 municipality or municipal authority and the trustee of the 25 department's intent to do so. 26 (i) Use of abandoned trust.--The department shall expend all 27 moneys collected pursuant to subsection (h) for the purposes set 28 forth in subsection (c). The department may expend money 29 collected from a trust for a landfill only for that landfill. 30 (j) Surplus.--Except for trusts that have been abandoned as 19870S0528B2325 - 82 -
1 provided in subsection (h), any moneys remaining in a trust 2 subsequent to final closure of a landfill under the Solid Waste 3 Management Act and the regulations promulgated pursuant thereto 4 shall, upon certification of final closure by the department, be 5 returned to the municipality or municipal authority. 6 (k) Duty under law.--Nothing in this section shall be 7 understood or construed to in any way relieve the municipality 8 or municipal authority of any duty or obligation imposed by this 9 act, the Solid Waste Management Act, any other act administered 10 by the department, the regulations promulgated pursuant thereto, 11 any order issued thereto, or the terms or conditions of any 12 permit. 13 (l) Other remedies.--The remedies provided to the department 14 in this section are in addition to any other remedies provided 15 at law or in equity. 16 Section 1110. Independent evaluation of permit applications. 17 At the request of a host municipality, the department may 18 reimburse a host municipality for costs incurred for an 19 independent permit application review, by a professional 20 engineer who is licensed in this Commonwealth and who has 21 previous experience in preparing such permit applications, of an 22 application under the Solid Waste Management Act, for a new 23 municipal waste landfill or resource recovery facility or that 24 would result in additional capacity for a municipal waste 25 landfill or resource recovery facility. Reimbursement shall not 26 exceed $10,000 per complete application. 27 Section 1111. Protection of capacity. 28 (a) Permit condition.--The following permits issued by the 29 department under the Solid Waste Management Act, shall include a 30 permit condition, if provided pursuant to this section, which 19870S0528B2325 - 83 -
1 require compliance with an agreement or arbitration award, 2 setting forth the weight or volume of municipal waste generated 3 within the county and municipality that the operator shall allow 4 and the rates, terms or conditions with which municipal waste is 5 to be delivered for disposal or processing at the facility for a 6 specified period: 7 (1) A permit for a new municipal waste landfill or 8 resource recovery facility. 9 (2) A permit that results in additional capacity for a 10 municipal waste landfill or resource recovery facility. 11 (3) In the case of an existing facility, a permit 12 modification that results in an increase in the average or 13 maximum daily volume of waste that may be received for 14 processing or disposal at the facility. 15 (b) Determination.--The permit condition shall be determined 16 in the following manner: 17 (1) The applicant shall notify the host county and host 18 municipality upon filing an application for permit pursuant 19 to subsection (a). Within 60 days after receiving written 20 notice from the applicant that an application has been filed 21 with the department, the host county and host municipality 22 shall provide written notice to the applicant and the 23 department if it intends to negotiate with the applicant. If 24 the host county and host municipality do not provide such 25 notice and, if the permit is issued, the permit condition 26 shall state that no waste capacity is reserved for the host 27 county and host municipality. The negotiation period shall 28 commence upon the date of receipt of the written notice to 29 the applicant from the host county and host municipality and 30 shall continue for 30 days. The issues to be considered in 19870S0528B2325 - 84 -
1 negotiations shall include, but not be limited to, the weight 2 or volume of capacity reserved to a host county and host 3 municipality and an increase in the average volume of waste 4 up to the amount of capacity set aside for municipal waste 5 generated within the host county and host municipality. 6 (2) If the host county and host municipality and the 7 applicant agree to a weight or volume of waste capacity to be 8 reserved for the host county and host municipality, they 9 shall notify the department in writing. 10 (3) If the host county and host municipality and the 11 applicant have failed to reach an agreement within the 30-day 12 negotiation period then either party to the dispute, after 13 written notice to the other party containing specifications 14 of the issue or issues in dispute, may request the 15 appointment of a board of arbitration pursuant to paragraph 16 (7). Such notice shall be made in writing to the other party 17 within five days of the end of the negotiation period. In 18 making the decision as to the terms of the agreement, the 19 board shall consider among other things the availability of 20 disposal alternatives to the host county and host 21 municipality. Should the host county and host municipality 22 fail to request arbitration within five days, then the permit 23 condition shall state that no waste capacity is reserved for 24 the host county and host municipality. 25 (4) If the county and municipality elect to negotiate 26 with the applicant pursuant to this section, any agreement or 27 arbitration award shall provide, unless the host county and 28 host municipality and applicant agree otherwise, that the 29 county and municipality shall utilize the capacity reserved 30 in an agreed upon time frame. 19870S0528B2325 - 85 -
1 (5) Should the applicant and the host county and host 2 municipality be unable to agree to the terms of the agreement 3 governing such utilization within 30 days of an agreement or 4 an arbitration award as to the weight or volume of waste 5 capacity to be reserved in the facility, either party can 6 request the appointment of an arbitration board pursuant to 7 paragraph (7). In making the decision as to the terms of the 8 agreement for utilization, the board shall consider, among 9 other things, the weight or volume of capacity reserved to a 10 host county and host municipality under any permit issued 11 pursuant to this section, an increase in the average volume 12 of waste in an amount up to the amount of capacity set aside 13 for municipal waste generated within the host county and host 14 municipality, the financial viability of the facility, and 15 the terms, including the rates per ton for disposal, of the 16 contracts entered into by the applicant for use of the 17 facility by other than the host county and host municipality. 18 (6) Except as provided in paragraph (1), the department 19 shall not issue any permit under this section unless it has 20 received written notice of an agreement between the applicant 21 and host county and host municipality as to the weight or 22 volume of capacity to be reserved for the host county and 23 host municipality as provided in paragraph (2) or unless it 24 has received written notice that a Board of Arbitration 25 appointed pursuant to paragraph (7) has settled all issues in 26 dispute between the host county and host municipality and the 27 applicant. The department shall include a permit condition 28 reserving such capacity provided for in such agreements or 29 arbitration awards. 30 (7) The board of arbitration shall be composed of three 19870S0528B2325 - 86 -
1 persons, one appointed by the applicant, one appointed by the 2 host county and host municipality and a third member to be 3 agreed upon by the applicant and such host county and host 4 municipality. The members of the board representing the 5 applicant and the host county and host municipality shall be 6 named within five days from the date of the request for the 7 appointment of such board. If, after a period of ten days 8 from the date of the appointment of the two arbitrators 9 appointed by the host county and host municipality and the 10 applicant, the third arbitrator has not been selected by 11 them, then either arbitrator may request the American 12 Arbitration Association, or its successor in function, to 13 furnish a list of three members of said association who are 14 residents of Pennsylvania from which the third arbitrator 15 shall be selected. The arbitrator appointed by the applicant 16 shall eliminate one name from the list within five days after 17 publication of the list, following which the arbitrator 18 appointed by the host county and host municipality shall 19 eliminate one name from the list within five days thereafter. 20 The individual whose name remains on the list shall be the 21 third arbitrator and shall act as chairman of the board of 22 arbitration. The board of arbitration thus established shall 23 commence the arbitration proceedings within ten days after 24 the third arbitrator is selected and shall make its 25 determination within 30 days after the appointment of the 26 third arbitrator. 27 (c) Department.--The department may take any action 28 authorized by statute that the department deems necessary to 29 ensure that operators of municipal waste landfills and resource 30 recovery facilities give priority to the disposal or processing 19870S0528B2325 - 87 -
1 of municipal waste generated within the host county. 2 (d) Consultation.--The host county shall consult with the 3 host municipality as part of the procedure set forth under this 4 section. 5 (e) Exemption.--The provisions of this section shall not 6 apply to a resource recovery facility financed by the host 7 municipality or municipal authority, and to facilities for the 8 disposal of ash residue from municipal waste incinerators which, 9 prior to the enactment date of this act, agree to provide 10 capacity to all municipalities located within the county and 11 which can be documented to the department. 12 Section 1112. Waste volumes. 13 (a) General rule.--No person or municipality operating a 14 municipal waste landfill may receive solid waste at the landfill 15 in excess of the maximum or average daily volume approved in the 16 permit by the department under the Solid Waste Management Act, 17 or authorized by any regulation promulgated pursuant to the 18 Solid Waste Management Act. 19 (b) New permits.-- 20 (1) A permit issued by the department under the Solid 21 Waste Management Act for a new municipal waste landfill, or 22 that results in additional capacity for a municipal waste 23 landfill, shall include a permit condition setting forth the 24 maximum and average volumes of solid waste that may be 25 received on a daily basis. 26 (2) The department may not approve any permit 27 application for a new municipal waste landfill, or that would 28 result in additional capacity for a municipal waste landfill, 29 unless the applicant demonstrates all of the following to the 30 department's satisfaction: 19870S0528B2325 - 88 -
1 (i) That the proposed maximum and average daily 2 waste volumes will not cause or contribute to any 3 violations of this act; the Solid Waste Management Act; 4 any other statute administered by the department; or any 5 regulation promulgated pursuant to this act, the Solid 6 Waste Management Act or any other statute administered by 7 the department. 8 (ii) That the proposed maximum and average daily 9 waste volumes will not cause or contribute to any public 10 nuisance from odors, noises, dust, truck traffic or other 11 causes. 12 (iii) That the proposed maximum and average daily 13 waste volumes will not interfere with, or contradict any 14 provision contained in, any applicable county solid waste 15 management plan that has been approved by the department. 16 (c) Existing permits.--Within six months after the effective 17 date of this act, the department shall review the maximum and 18 average daily volume limits in each municipal waste landfill 19 permit issued under the Solid Waste Management Act before the 20 effective date of this act. In reviewing any existing municipal 21 waste landfill permit, the department shall consider: 22 (1) That the proposed maximum and average daily waste 23 volumes will not cause or contribute to any violations of 24 this act; the Solid Waste Management Act; any other statute 25 administered by the department; or any regulation promulgated 26 pursuant to this act, the Solid Waste Management Act or any 27 other statute administered by the department. 28 (2) That the proposed maximum and average daily waste 29 volumes will not cause or contribute to any public nuisance 30 from odors, noises, dust, truck traffic or other causes. 19870S0528B2325 - 89 -
1 (3) That the proposed maximum and average daily waste 2 volumes will not interfere with, or contradict any provision 3 contained in, any applicable county solid waste management 4 plan that has been approved by the department. 5 This subsection does not require a second review for facilities 6 where the department reviewed daily waste volumes 12 months 7 before the enactment date of this act. 8 (d) Permit modification.--The department may not approve any 9 permit modification request under the Solid Waste Management Act 10 to increase the maximum or average daily volumes of solid waste 11 received at a municipal waste landfill unless the applicant 12 demonstrates all of the following to the department's 13 satisfaction: 14 (1) Increased daily volumes will not cause or contribute 15 to any violations of this act; the Solid Waste Management 16 Act; any other statute administered by the department; or any 17 regulations promulgated pursuant to this act, the Solid Waste 18 Management Act or any other statute administered by the 19 department. 20 (2) Increased daily volumes will not cause or contribute 21 to any public nuisance from odors, noise, dust, truck traffic 22 or other causes. 23 (3) Increased daily volumes will not reduce the 24 remaining lifetime of a landfill, based on its remaining 25 permitted capacity, to less than three years from the date of 26 issuance of the permit modification. 27 (4) Increased daily volumes will not interfere with or 28 contradict any provision contained in an applicable county 29 municipal management plan that has been approved by the 30 department. 19870S0528B2325 - 90 -
1 (e) Emergencies.-- 2 (1) Notwithstanding any provision of law to the 3 contrary, the department shall immediately modify a municipal 4 waste landfill permit to allow increased maximum or average 5 daily waste volumes when the department finds, in writing, 6 that this action is necessary to prevent a public health or 7 environmental emergency and publishes public notice of the 8 finding. Action under this paragraph shall be taken pursuant 9 to section 503(e) of the Solid Waste Management Act. 10 (2) When the department determines that the remaining 11 lifetime of any municipal waste landfill, based on its 12 remaining permitted capacity, is three years or less, the 13 landfill operator shall give written notice of the finding to 14 all municipalities that generate municipal waste received at 15 the landfill. Notice shall be given annually thereafter until 16 closure of the landfill or until the department has issued a 17 permit under the Solid Waste Management Act expanding the 18 capacity of the landfill to more than three years. This act 19 shall not be understood or construed to impose any obligation 20 on the department to find alternative processing or disposal 21 capacity. 22 (f) Enforcement.--In addition to any other remedies provided 23 at law or in equity, the department shall assess a civil penalty 24 of at least $100 per ton for each ton of waste received at any 25 municipal waste landfill in excess of the maximum or average 26 daily volume limitations set forth in its permit. Except for the 27 minimum amount, the penalty shall be assessed and collected in 28 the manner set forth in section 1704. Each ton of waste in 29 excess of the permit shall be considered a separate violation of 30 this act. 19870S0528B2325 - 91 -
1 (g) Preference to host county waste.--Pursuant to section 2 1111(a), a facility will give a preference to waste generated 3 within the host county when the facility receives an increase in 4 its average daily volume. 5 CHAPTER 13 6 HOST MUNICIPALITY BENEFIT FEE 7 Section 1301. Host municipality benefit fee. 8 (a) Imposition.--There is imposed a host municipality 9 benefit fee upon the operator of each municipal waste landfill 10 or resource recovery facility that has a valid permit on the 11 effective date of this act or receives a new permit or permit 12 that results in additional capacity from the department under 13 the Solid Waste Management Act after the effective date of this 14 act. The fee shall be paid to the host municipality. If the host 15 municipality owns or operates the landfill or facility, the fee 16 shall not be imposed for waste generated within such 17 municipality. If the landfill or facility is located within more 18 than one host municipality, the fee shall be apportioned among 19 them according to the percentage of the permitted area located 20 in each municipality. 21 (b) Amount.--The fee is $1 per ton of weighed solid waste or 22 $1 per three cubic yards of volume-measured solid waste for all 23 solid waste received at a landfill or facility. Any amounts paid 24 by an operator to a host municipality pursuant to a preexisting 25 agreement shall serve as a credit against the fee amount imposed 26 by this section. 27 (c) Municipal options.--Nothing in this section or section 28 1302 shall prevent a host municipality from receiving a higher 29 fee or receiving the fee in a different form or at different 30 times than provided in this section and section 1302, if the 19870S0528B2325 - 92 -
1 host municipality and the operator of the municipal waste 2 landfill or resource recovery facility agree in writing. 3 (d) Supersede.--The fee imposed by this section shall 4 preempt and supersede any tax imposed on each municipal waste 5 landfill or resource recovery facility under the act of December 6 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling 7 Act, which is in excess of the amount imposed on or before 8 December 31, 1987. 9 (e) County options.--Nothing in this act shall prevent a 10 host county from negotiating a fee or fee in a different form, 11 if the host county and the operator of the municipal waste 12 landfill or resource recovery agree in writing. Any county who 13 has negotiated a fee as of the effective date of this act may 14 require that the fee be continued. 15 Section 1302. Form and timing of host municipality benefit fee 16 payment. 17 (a) Quarterly payment.--Each operator subject to section 18 1301 shall make the host municipality benefit fee payment 19 quarterly. The fee shall be paid on or before the twentieth day 20 of April, July, October and January for the three months ending 21 the last day of March, June, September and December. 22 (b) Quarterly reports.--Each host municipality benefit fee 23 payment shall be accompanied by a form prepared and furnished by 24 the department and completed by the operator. The form shall 25 state the weight or volume of solid waste received by the 26 landfill or facility during the payment period and provide any 27 other information deemed necessary by the department to carry 28 out the purposes of the act. The form shall be signed by the 29 operator. A copy of the form shall be sent to the department at 30 the same time that the fee and form are sent to the host 19870S0528B2325 - 93 -
1 municipality. 2 (c) Timeliness of payment.--An operator shall be deemed to 3 have made a timely payment of the host municipality benefit fee 4 if all of the following are met: 5 (1) The enclosed payment is for the full amount owed 6 pursuant to this section, and no further host municipality 7 action is required for collection. 8 (2) The payment is accompanied by the required form, and 9 such form is complete and accurate. 10 (3) The letter transmitting the payment that is received 11 by the host municipality is postmarked by the United States 12 Postal Service on or prior to the final day on which the 13 payment is to be received. 14 (d) Discount.--Any operator that makes a timely payment of 15 the host municipality benefit fee as provided in this section 16 shall be entitled to credit and apply against the fee payable by 17 him a discount of 1% of the amount of the fee collected by him. 18 (e) Alternative proof.--For purposes of this section, 19 presentation of a receipt indicating that the payment was mailed 20 by registered or certified mail on or before the due date shall 21 be evidence of timely payment. 22 Section 1303. Collection and enforcement of fee. 23 (a) Interest.--If an operator fails to make a timely payment 24 of the host municipality benefit fee, the operator shall pay 25 interest on the unpaid amount due at the rate established 26 pursuant section 806 of the act of April 9, 1929 (P.L.343, 27 No.176), known as The Fiscal Code, from the last day for timely 28 payment to the date paid. 29 (b) Additional penalty.--In addition to the interest 30 provided in subsection (a), if an operator fails to make timely 19870S0528B2325 - 94 -
1 payment of the host municipality benefit fee, there shall be 2 added to the amount of fee actually due 5% of the amount of such 3 fee, if the failure to file a timely payment is for not more 4 than one month, with an additional 5% for each additional month, 5 or fraction thereof, during which such failure continues, not 6 exceeding 25% in the aggregate. 7 (c) Assessment notices.--If the host municipality determines 8 that any operator of a municipal waste landfill or resource 9 recovery facility has not made a timely payment of the host 10 municipality benefit fee, it will send a written notice for the 11 amount of the deficiency to such operator within 30 days from 12 the date of determining such deficiency. When the operator has 13 not provided a complete and accurate statement of the weight or 14 volume of solid waste received at the landfill or facility for 15 the payment period, the host municipality may estimate the 16 weight or volume in its deficiency notice. 17 (d) Constructive trust.--All host municipality benefit fees 18 collected by an operator and held by such operator prior to 19 payment to the host municipality shall constitute a trust fund 20 for the host municipality, and such trust shall be enforceable 21 against such operator, its representatives and any person 22 receiving any part of such fund without consideration or with 23 knowledge that the operator is committing a breach of the trust. 24 However, any person receiving payment of lawful obligation of 25 the operator from such fund shall be presumed to have received 26 the same in good faith and without any knowledge of the breach 27 of trust. 28 (e) Manner of collection.--The amount due and owing under 29 section 1301 shall be collectible by the host municipality in 30 the manner provided in section 1709. 19870S0528B2325 - 95 -
1 (f) Remedies cumulative.--The remedies provided to host 2 municipalities in this section are in addition to any other 3 remedies provided at law or in equity. 4 Section 1304. Records. 5 Each operator that is required to pay the Host Municipality 6 Benefit Fee shall keep daily records of all deliveries of solid 7 waste to the landfill or facility, as required by the host 8 municipality, including, but not limited to, the name and 9 address of the hauler, the source of the waste, the kind of 10 waste received and the weight or volume of the waste. Such 11 records shall be maintained in Pennsylvania by the operator for 12 no less than five years and shall be made available to the host 13 municipality for inspection upon request. 14 Section 1305. Surcharge. 15 The provisions of any law to the contrary notwithstanding, 16 the operator of any municipal waste landfill or resource 17 recovery facility subject to section 1301 may collect the host 18 municipality benefit fee as a surcharge on any fee schedule 19 established pursuant to law, ordinance, resolution or contract 20 for solid waste disposal or processing operations at the 21 landfill or facility. In addition, any person who collects or 22 transports solid waste subject to the host municipality benefit 23 fee to a municipal waste landfill or resource recovery facility 24 subject to section 1301 may impose a surcharge on any fee 25 schedule established pursuant to law, ordinance, resolution or 26 contract for the collection or transportation of solid waste to 27 the landfill or facility. The surcharge shall be equal to the 28 increase in processing or disposal fees at the landfill or 29 facility attributable to the host municipality benefit fee. 30 However, interest and penalties on the fee under section 1303(a) 19870S0528B2325 - 96 -
1 and (b) may not be collected as a surcharge. 2 CHAPTER 15 3 RECYCLING AND WASTE REDUCTION 4 Section 1501. Municipal implementation of recycling programs. 5 (a) Large population.--Within two years after the effective 6 date of this act, each municipality other than a county that has 7 a population of 10,000 or more people shall establish and 8 implement a source separation and collection program for 9 recyclable materials in accordance with this section. Population 10 shall be determined by the most recent decennial census by the 11 Bureau of the Census of the United States Department of 12 Commerce. 13 (b) Small population.--Within three years after the 14 effective date of this act, each municipality other than a 15 county that has a population of more than 5,000 people but less 16 than 10,000 people, and which has a population density of more 17 than 300 people per square mile, shall establish and implement a 18 source separation and collection program for recyclable 19 materials in accordance with this section. Population shall be 20 determined based on the most recent decennial census by the 21 Bureau of the Census of the United States Department of 22 Commerce. 23 (c) Contents.--The source separation and collection program 24 shall include, at a minimum, the following elements: 25 (1) An ordinance or regulation adopted by the governing 26 body of the municipality, requiring all of the following: 27 (i) Persons to separate at least three materials 28 deemed appropriate by the municipality from other 29 municipal waste generated at their homes, apartments and 30 other residential establishments and to store such 19870S0528B2325 - 97 -
1 material until collection. The three materials shall be 2 chosen from the following: clear glass, colored glass, 3 aluminum, steel and bimetallic cans, high-grade office 4 paper, newsprint, corrugated paper and plastics. Nothing 5 in the ordinance or regulation shall be deemed to impair 6 the ownership of separated materials by the person who 7 generated them unless and until such materials are placed 8 at curbside or similar location for collection by the 9 municipality or its agents. 10 (ii) Persons to separate leaf waste from other 11 municipal waste generated at their homes, apartments and 12 other residential establishments until collection unless 13 those persons have otherwise provided for the composting 14 of leaf waste. The governing body of a municipality shall 15 allow an owner, landlord or agent of an owner or landlord 16 of multifamily rental housing properties with four or 17 more units to comply with its responsibilities under this 18 section by establishing a collection system for 19 recyclable materials at each property. The collection 20 system must include suitable containers for collecting 21 and sorting materials, easily accessible locations for 22 the containers, and written instructions to the occupants 23 concerning the use and availability of the collection 24 system. Owners, landlords and agents of owners or 25 landlords who comply with this act shall not be liable 26 for the noncompliance of occupants of their buildings. 27 (iii) Persons to separate high grade office paper, 28 aluminum, corrugated paper and leaf waste and other 29 material deemed appropriate by the municipality generated 30 at commercial, municipal or institutional establishments 19870S0528B2325 - 98 -
1 and from community activities and to store the material 2 until collection. The governing body of a municipality 3 shall exempt persons occupying commercial, institutional 4 and municipal establishments within its municipal 5 boundaries from the requirements of the ordinance or 6 regulation if those persons have otherwise provided for 7 the recycling of materials they are required by this 8 section to recycle. To be eligible for an exemption under 9 this subparagraph, a commercial or institutional solid 10 waste generator must annually provide written 11 documentation to the municipality of the total number of 12 tons recycled. 13 (2) A scheduled day, at least once per month, during 14 which separated materials are to be placed at the curbside or 15 a similar location for collection. 16 (3) A system, including trucks and related equipment, 17 that collects recyclable materials from the curbside or 18 similar locations at least once per month from each residence 19 or other person generating municipal waste in the county or 20 municipality. The municipality, other than a county, shall 21 explain how the system will operate, the dates of collection, 22 the responsibilities of persons within the municipality and 23 incentives and penalties. 24 (4) Provisions to ensure compliance with the ordinance, 25 including incentives and penalties. 26 (5) Provisions for the recycling of collected materials. 27 (d) Notice.--Each municipality subject to this section shall 28 establish a comprehensive and sustained public information and 29 education program concerning recycling program features and 30 requirements. As a part of this program, each municipality 19870S0528B2325 - 99 -
1 shall, at least 30 days prior to the initiation of the recycling 2 program and at least once every six months thereafter, notify 3 all persons occupying residential, commercial, institutional and 4 municipal premises within its boundaries of the requirements of 5 the ordinance. The governing body of a municipality may, in its 6 discretion as it deems necessary and appropriate, place an 7 advertisement in a newspaper circulating in the municipality, 8 post a notice in public places where public notices are 9 customarily posted, including a notice with other official 10 notifications periodically mailed to residential taxpayers or 11 utilize any combination of the foregoing. 12 (e) Implementation.-- 13 (1) Except as provided in paragraph (2), a municipality 14 shall implement its responsibilities for collection, 15 transportation, processing and marketing materials under this 16 section in one or both of the following ways: 17 (i) Collect, transport, process or market materials 18 as required by this section. 19 (ii) Enter into contracts with other persons for the 20 collection, transportation, processing or marketing of 21 materials as required by this section. A person who 22 enters into a contract under this subsection shall be 23 responsible with the municipality for implementation of 24 this section. 25 (2) Nothing in this section requires a municipality to 26 collect, transport, process and market materials, or to 27 contract for the collection, transportation, processing and 28 marketing of materials from establishments or activities 29 where all of the following are met: 30 (i) The municipality is not collecting and 19870S0528B2325 - 100 -
1 transporting municipal waste from such establishment or 2 activity. 3 (ii) The municipality has not contracted for the 4 collection and transportation of municipal waste from 5 such establishment or activity. 6 (iii) The municipality has adopted an ordinance as 7 required by this section, and the establishment or 8 activity is in compliance with the provisions of this 9 section. 10 (f) Preference.--In implementing its recycling program, a 11 municipality shall accord consideration for the collection, 12 marketing and disposition of recyclable materials to persons 13 engaged in the business of recycling on the effective date of 14 this act, whether or not the persons were operating for profit. 15 (g) Recycling by operator.--An operator of a landfill or 16 resource recovery facility may contract with a municipality to 17 provide recycling services in lieu of the curbside recycling 18 program. The contract must ensure that at least 25% of the waste 19 received is recycled. The economic and environmental impact of 20 the proposed technology used for the recycling shall receive 21 prior approval from the department. 22 (h) Alternative program.--A municipality shall be deemed to 23 comply with this section through the use and operation of a 24 recycling facility if it demonstrates all of the following to 25 the department's satisfaction: 26 (1) Materials separated, collected, recovered or created 27 by the recycling facility can be marketed as readily as 28 materials collected through a curbside recycling program. 29 (2) The mechanical separation technology used in the 30 recycling facility has been demonstrated to be effective for 19870S0528B2325 - 101 -
1 the life of operations at the facility. 2 Section 1502. Facilities operation and recycling. 3 (a) Leaf waste.--Two years after the effective date of this 4 act, no municipal waste landfill may accept for disposal, and no 5 resource recovery facility may accept for processing, other than 6 composting, truckloads composed primarily of leaf waste. 7 (b) Drop-off centers.-- 8 (1) Two years after the effective date of this act, no 9 person may operate a municipal waste landfill, resource 10 recovery facility or transfer station unless the operator has 11 established at least one drop-off center for the collection 12 and sale of at least three recyclable materials. The three 13 materials shall be chosen from the following: clear glass, 14 colored glass, aluminum, steel and bimetallic cans, high 15 grade office paper, newsprint, corrugated paper and plastics. 16 The center must be located at the facility or in a place that 17 is easily accessible to persons generating municipal waste 18 that is processed or disposed at the facility. Each drop-off 19 center must contain bins or containers where recyclable 20 materials may be placed and temporarily stored. If the 21 operation of the drop-off center requires attendants, the 22 center shall be open at least eight hours per week, including 23 four hours during evenings or weekends. 24 (2) Each operator shall, at least 30 days prior to the 25 initiation of the drop-off center program and at least once 26 every six months thereafter, provide public notice of the 27 availability of the drop-off center. The operator shall place 28 an advertisement in a newspaper circulating in the 29 municipality or provide notice in another manner approved by 30 the department. 19870S0528B2325 - 102 -
1 (c) Removal of recyclable materials.--Two years after the 2 effective date of this act, no person may operate a resource 3 recovery facility unless the operator has developed a program 4 for the removal to the greatest extent practicable of recyclable 5 materials, such as plastics, high grade office paper, aluminum, 6 clear glass and newspaper from the waste to be incinerated. 7 (d) Removal of hazardous materials.--Two years after the 8 effective date of this act, no person may operate a resource 9 recovery facility unless the operator has developed a program 10 for the removal to the greatest extent practicable of hazardous 11 materials, such as plastics, corrosive materials, batteries, 12 pressurized cans and household hazardous materials from the 13 waste to be incinerated. 14 Section 1503. Commonwealth recycling and waste reduction. 15 (a) Recycling.--Within two years after the effective date of 16 this act, each Commonwealth agency, in coordination with the 17 Department of General Services, shall establish and implement a 18 source separation and collection program for recyclable 19 materials produced as a result of agency operations, including, 20 at a minimum, aluminum, high grade office paper and corrugated 21 paper. The source separation and collection program shall 22 include, at a minimum, procedures for collecting and storing 23 recyclable materials, bins or containers for storing materials, 24 and contractual or other arrangements with buyers. 25 (b) Waste reduction.--Within two years after the effective 26 date of this act, each Commonwealth agency, in coordination with 27 the department of General Services, shall establish and 28 implement a waste reduction program for materials used in the 29 course of agency operations. The program shall be designed and 30 implemented to achieve the maximum feasible reduction of waste 19870S0528B2325 - 103 -
1 generated as a result of agency operations. 2 (c) Use of composted materials.--All Commonwealth agencies 3 responsible for the maintenance of public lands in this 4 Commonwealth shall, to the maximum extent practicable and 5 feasible, give due consideration and preference to the use of 6 compost materials in all land maintenance activities which are 7 to be paid with public funds. 8 Section 1504. Procurement by Commonwealth agencies. 9 (a) Initial review.-- 10 (1) Commonwealth agencies shall review and revise their 11 existing procurement procedures and specifications for the 12 purchase of goods, supplies, equipment, materials and 13 printing to: 14 (i) eliminate procedures and specifications that 15 explicitly discriminate against goods, supplies, 16 equipment, materials and printing with recycled content; 17 and 18 (ii) encourage the use of goods, supplies, 19 equipment, materials and printing with recycled content. 20 (b) Continuing review.--Commonwealth agencies shall review 21 and revise their procedures and specifications on a continuing 22 basis to encourage the use of goods, supplies, equipment, 23 materials and printing with recycled content and shall, in 24 developing new procedures and specifications, encourage the use 25 of goods, supplies, equipment, materials and printing with 26 recycled content. 27 (c) Recycled materials.-- 28 (1) Commonwealth agencies shall review and revise their 29 procurement procedures and specifications for the purchase of 30 goods, supplies, equipment, materials and printing to ensure, 19870S0528B2325 - 104 -
1 to the maximum extent economically feasible, that such 2 agencies purchase goods, supplies, equipment, materials and 3 printing that may be recycled or reused when such goods, 4 supplies, equipment, materials and printing are discarded. 5 (2) Commonwealth agencies shall review and revise their 6 procurement procedures and specifications on a continuing 7 basis to encourage the use of goods, supplies, equipment, 8 materials and printing that may be recycled or reused. 9 (3) Commonwealth agencies shall also, in developing new 10 procedures and specifications, encourage the use of goods, 11 supplies, equipment, materials and printing that may be 12 recycled or reused. 13 Section 1505. Procurement by Department of General Services. 14 (a) Bidding.--In issuing invitations to bid for the purchase 15 of goods, supplies, equipment, materials and printing, the 16 Department of General Services shall set forth a minimum 17 percentage of recycled content for the goods, supplies, 18 equipment, materials and printing that must be certified by a 19 bidder in order to qualify for the preference in subsection (b). 20 For goods, supplies, equipment, materials and printing for which 21 the Environmental Protection Agency has adopted procurement 22 guidelines under the Resource Conservation and Recovery Act of 23 1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.), as amended, 24 the minimum percentage of recycled content shall not be less 25 than is specified in such guidelines. A person may submit a bid 26 that does not certify that the goods, supplies, equipment, 27 materials or printing contain such minimum percentage of 28 recycled content. The Department of General Services may waive 29 this requirement for goods, supplies, equipment, materials and 30 printing that cannot be procured with recycled content. 19870S0528B2325 - 105 -
1 (b) Preference.--Every bidder for the purchase of goods, 2 supplies, equipment, materials and printing which certifies that 3 the goods, supplies, equipment, materials and printing subject 4 to the bid contain the minimum percentage of recycled content 5 that is set forth in the invitation for bids shall be granted a 6 preference equal to 5% of the bid amount against any bidder that 7 has not so certified. The Department of General Services shall 8 waive this requirement for paper products purchased for State- 9 owned hospitals. 10 (c) Ties.--When there is a tie for lowest responsible 11 bidder, the Department of General Services may consider, as one 12 factor in determining to whom to award the contract, which of 13 the bids provides for the greatest weight of recycled content in 14 the goods, supplies, equipment, materials or printing, or such 15 other measure of recycled content as may be set forth in the 16 invitation for bids. 17 (d) Implementation.--The Department of General Services may 18 carry out the provisions and purposes of this section through 19 appropriate contractual provisions and invitations to bid, 20 through the adoption of such regulations as it deems necessary, 21 or both. 22 (e) Federal funds.--The provisions of this section shall not 23 be applicable when such provisions may jeopardize the receipt of 24 Federal funds. 25 (f) Additional provisions.--The requirements of this section 26 are in addition to those set forth in section 1504 for the 27 Department of General Services. 28 (g) Cooperation.--All Commonwealth agencies shall cooperate 29 with the Department of General Services in carrying out this 30 section. 19870S0528B2325 - 106 -
1 (h) Annual report.--The Department of General Services shall 2 submit an annual report to the General Assembly concerning the 3 implementation of this section. This report shall include a 4 description of what actions the Department of General Services 5 has taken in the previous year to implement this section. This 6 report shall be submitted on or before the anniversary of the 7 effective date of this act. 8 Section 1506. Testing by Department of Transportation. 9 (a) Testing.--A person who believes that a particular 10 constituent of solid waste or any product or material with 11 recycled content may be beneficially used in lieu of another 12 product or material in the Commonwealth's transportation system 13 may request the Department of Transportation to evaluate that 14 constituent, product or material. The Department of 15 Transportation, in consultation with the department, shall 16 conduct a preliminary review of each proposal to identify which 17 proposals merit an evaluation. If the Department of 18 Transportation finds, after an evaluation, that the constituent, 19 product or material may be beneficially used, it shall amend its 20 procedures and specifications to allow the use of the 21 constituent product or material. 22 (b) Grants.--The Department of Transportation may award 23 research and demonstration grants concerning the potential 24 beneficial use of a particular constituent of solid waste, or 25 any product or material with recycled content, in lieu of 26 another product or material in the Commonwealth's transportation 27 system. The application shall be made on a form prepared and 28 furnished by the Department of Transportation and shall contain 29 the information the Department of Transportation deems 30 necessary. 19870S0528B2325 - 107 -
1 (c) Annual report.--The Department of Transportation shall 2 submit an annual report to the General Assembly concerning its 3 implementation of this section. This report shall include a 4 description of what actions the Department of Transportation has 5 taken in the previous year to implement this section. This 6 report shall be submitted on or before the anniversary of the 7 effective date of this act. 8 (d) Rulemaking.--The Department of Transportation may adopt 9 regulations as it deems necessary to carry out this section. 10 (e) Cooperation.--All Commonwealth agencies shall cooperate 11 with the Department of Transportation in carrying out this 12 section. 13 Section 1507. Procurement procedures for local public agencies. 14 (a) Purpose.--Each local public agency may, at its 15 discretion, review and revise its procurement procedures and 16 specifications for purchases of goods, supplies, equipment, 17 materials and printing to: 18 (1) eliminate procedures and specifications that 19 explicitly discriminate against goods, supplies, equipment, 20 materials and printing with recycled content; 21 (2) encourage the use of goods, supplies, equipment, 22 materials and printing with recycled content; and 23 (3) ensure, to the maximum extent economically feasible, 24 that it purchases goods, supplies, equipment, materials and 25 printing that may be recycled or reused when such goods, 26 supplies, equipment, materials and printing are discarded. 27 (b) Options.--The options set forth in this section may be 28 exercised, notwithstanding any other provision of law to the 29 contrary. 30 Section 1508. Procurement options for local public agencies and 19870S0528B2325 - 108 -
1 certain Commonwealth agencies. 2 (a) General rule.--This section sets forth procurement 3 options for local public agencies. These procurement options are 4 also available to Commonwealth agencies other than the 5 Department of General Services. 6 (b) Options.--Each public agency subject to this section 7 may, at its discretion, do any of the following: 8 (1) In issuing invitations to bid for the purchase of 9 goods, supplies, equipment, materials and printing, set forth 10 a minimum percentage of recycled content for the goods, 11 supplies, equipment, materials and printing that must be 12 certified by a bidder in order to qualify for the preference 13 in this paragraph. For goods, supplies, equipment, materials 14 and printing for which the Environmental Protection Agency 15 has adopted procurement guidelines under the Resource 16 Conservation and Recovery Act of 1976 (Public Law 94-580, 42 17 U.S.C. § 6901 et seq.), as amended, the minimum percentage of 18 recycled content shall not be less than is specified in such 19 guidelines. A person may submit a bid that does not certify 20 that the goods, supplies, equipment, materials or printing 21 contain such minimum percentage of recycled content. Every 22 bidder for the purchase of goods, supplies, equipment, 23 materials and printing which certifies that the goods, 24 supplies, equipment, materials and printing subject to the 25 bid contain the minimum percentage of recycled content that 26 is set forth in the invitation for bids shall be granted a 27 preference equal to 5% of the bid amount against any bidder 28 that has not so certified. 29 (2) Establish specifications for bids for public 30 contracts that require all bidders to propose that a stated 19870S0528B2325 - 109 -
1 minimum percentage of goods, supplies, equipment, materials 2 or printing to be used for the contract be made from recycled 3 material. 4 (3) Upon evaluation of bids opened for a public contract 5 for goods, supplies, equipment, materials or printing, the 6 agency shall identify the lowest responsible bidder. Where 7 there is a tie for lowest responsible bidder, the agency 8 shall consider, as one factor in determining to whom to award 9 the contract, which of the bids provides for the greatest 10 weight of recycled content in the goods, supplies, equipment, 11 materials or printing, or such other measure of recycled 12 content as may be set forth in the invitation for bids. 13 (c) Other laws.--The options set forth in this section may 14 be exercised, notwithstanding any other provision of law to the 15 contrary. 16 Section 1509. Recycling at educational institutions. 17 The department, in consultation with the Department of 18 Education, shall develop guidelines for source separation and 19 collection of recyclable materials and for waste reduction in 20 primary and secondary schools, colleges and universities, 21 whether the schools, colleges and universities are public or 22 nonpublic. At a minimum, the guidelines shall address materials 23 generated in administrative offices, classrooms, dormitories and 24 cafeterias. The Department of Education shall distribute these 25 guidelines and encourage their implementation. The guidelines 26 shall be developed and distributed within two years of the 27 effective date of this act, except that the guidelines are not 28 required to be distributed to educational institutions that are 29 Commonwealth agencies implementing recycling programs under 30 section 1505. 19870S0528B2325 - 110 -
1 Section 1510. Lead acid batteries. 2 (a) Certain disposal prohibited.--No person may place a used 3 lead acid battery in mixed municipal solid waste, discard or 4 otherwise dispose of a lead acid battery except by delivery to 5 an automotive battery retailer or wholesaler, to a secondary 6 lead smelter permitted by the Environmental Protection Agency, 7 or to a collection or recycling facility authorized under the 8 laws of this Commonwealth. 9 (b) Disposal by dealers.--No automotive battery retailer 10 shall dispose of a used lead acid battery except by delivery to 11 a secondary lead smelter permitted by the Environmental 12 Protection Agency, or to a collection or recycling facility 13 authorized under the laws of this Commonwealth, or to the agent 14 of a battery manufacturer or wholesaler for delivery to a 15 secondary lead smelter permitted by the Environmental Protection 16 Agency, or a collection or recycling facility authorized under 17 the laws of this Commonwealth. 18 (c) Collection for recycling.--Any person selling or 19 offering for sale at retail lead acid batteries shall: 20 (1) Accept, at the point of transfer, in a quantity at 21 least equal to the number purchased, used lead acid batteries 22 from customers in exchange for new batteries purchased. 23 (2) Post written notice which must be at least 8 1/2 24 inches by 11 inches in size and must contain the universal 25 recycling symbol and the following language: 26 (i) "It is illegal to discard a motor vehicle or 27 other lead acid battery." 28 (ii) "Recycle your used batteries." 29 (iii) "State law requires us to accept used motor 30 vehicle or other lead acid batteries for recycling, in 19870S0528B2325 - 111 -
1 exchange for new batteries purchased." 2 (d) Lead acid battery wholesalers.--Any person selling new 3 lead acid batteries at wholesale shall accept, at the point of 4 transfer, used lead acid batteries from customers in a quantity 5 at least equal to the number purchased. A person accepting 6 batteries in transfer from an automotive battery retailer shall 7 be allowed a period not to exceed 90 days to remove batteries 8 from the retail point of collection. 9 (e) Inspection of automotive battery retailers.--The 10 department shall produce, print and distribute the notices 11 required by subsection (d) to all places where lead acid 12 batteries are offered for sale at retail. The department may 13 inspect any place, building or premises governed by this act. 14 authorized employees of the department may issue warnings and 15 citations to persons who fail to comply with the requirements of 16 this section. Failure to post the required notice following 17 warning shall subject a civil penalty of $25 per day, 18 collectible by the department. 19 (f) Enforcement.--The Department of Environmental Resources 20 shall enforce this section. 21 Section 1511. Recycled paper products. 22 (a) General rule.--The Department of General Services shall, 23 to the fullest extent possible when contracting for paper or 24 paper products, purchase or approve for purchase only such paper 25 or paper products that are manufactured or produced from 26 recycled paper as specified in subsection (b). 27 (b) Implementation.--The provisions of subsection (a) shall 28 be implemented by the Department of General Services so that, of 29 the total volume of paper purchased, recycled paper composes at 30 least 10% of the volume in 1989, at least 25% of the volume in 19870S0528B2325 - 112 -
1 1991 and at least 40% of the volume in 1993. 2 (c) Newsprint.--In the case of the purchase of newsprint and 3 newsprint products, at least 40% of the secondary waste paper 4 material used in recycled newsprint shall be postconsumer 5 newspaper waste. 6 (d) Application of section.--This section shall not apply to 7 the purchase of paper containers for food or beverages. 8 (e) Definitions.--As used in this section, the following 9 words and phrases shall have the meanings given to them in this 10 subsection: 11 "Postconsumer waste." Any product generated by a business or 12 consumer which has served its intended end use, and which has 13 been separated from solid waste for the purposes of collection, 14 recycling and disposition and which does not include secondary 15 waste material or demolition waste. 16 "Recycled paper." Any paper having a total weight consisting 17 of not less than 20% secondary waste paper material in 1989, not 18 less than 30% of said material in 1991, not less than 40% of 19 said material in 1993, and not less than 50% of said material in 20 1996 and thereafter, and not less than 10% postconsumer waste 21 beginning in 1996. 22 "Secondary waste paper material." Paper waste generated 23 after the completion of a papermaking process, such as 24 postconsumer waste material, envelope cuttings, bindery 25 trimmings, printing waste, cutting and other converting waste, 26 butt rolls and mill wrappers. The term shall not include fibrous 27 waste generated during the manufacturing process, such as fibers 28 recovered from wastewater or trimmings of paper machine rolls, 29 fibrous by-products of harvesting, extractive or woodcutting 30 process, or forest residue such as bark. 19870S0528B2325 - 113 -
1 Section 1512. Household Hazardous Waste Collection and Disposal 2 Grant Program. 3 (a) Administration.--It shall be the duty of the department 4 to administer a Household Hazardous Waste Collection and 5 Disposal Grant Program for households, farms, schools and small 6 businesses, to be known as the Right-Way-to-Throw-Away Program. 7 (b) Grants.--It shall be the duty of the department to 8 administer specifically appropriated funds for a grant program 9 to municipalities for the establishment and operation of 10 household hazardous waste collection programs. The department 11 shall establish guidelines for the awarding of such grants and 12 shall give priority to those programs operated by counties, 13 multicounty agencies, cities of the first and second class and 14 current municipal programs. 15 (c) Registration; department approval.--No municipality 16 shall establish a program for the collection and management of 17 household hazardous wastes until the program has been registered 18 with and approved by the department. Each municipality shall 19 also maintain and submit records to the department as required 20 under the guidelines or regulations promulgated under subsection 21 (d). 22 (d) Powers and duties of the department.--The department 23 shall have the power and its duty shall be to: 24 (1) Administer the Right-Way-to-Throw-Away Program 25 established pursuant to this section. 26 (2) Determine the types and amounts of household 27 hazardous waste to be handled in the program and the size of 28 the business establishments eligible for inclusion as 29 entities. 30 (3) License a collection contractor or contractors as 19870S0528B2325 - 114 -
1 defined and provided for in this section. 2 (4) Establish guidelines for the registration and 3 operations of household hazardous waste collection programs 4 within 90 days from the effective date of this act. The 5 guidelines shall terminate after a period of one year or upon 6 promulgation by the Environmental Quality Board of 7 regulations for these activities, whichever occurs first. 8 (5) Inspect all such collection sites operated pursuant 9 to this section to insure that such collection is performed 10 in a safe and environmentally sound manner. 11 (6) Require records to be submitted to the department by 12 the municipality or collection contractor identifying types 13 and amounts of household hazardous waste collected, entities 14 submitting household hazardous waste and the points of 15 ultimate disposition. 16 (7) Submit an annual report to the General Assembly 17 summarizing the operation and costs of the program, including 18 location of sites, types and amounts of waste collected, 19 entities disposing of waste at the collection sites, and the 20 methods utilized for disposal of the wastes. 21 (8) Develop a fee schedule for eligible small 22 businesses, with provisions exempting nonprofit entities from 23 the payment of fees. 24 (e) Collection contractor responsibilities.-- 25 (1) Qualifications.--No collection contractor may be 26 selected to operate a collection program or site unless the 27 contractor can demonstrate to the satisfaction of the 28 department its ability to collect, package, transport and 29 dispose of hazardous waste collected under this program 30 consistent with the requirements of Articles IV, V and VI of 19870S0528B2325 - 115 -
1 the Solid Waste Management Act and regulations promulgated 2 thereunder and guidelines or regulations under this act. 3 (2) Ineligibility.--A collection contractor shall not be 4 eligible to operate a collection program or collection site 5 if the department finds that such person has shown a lack of 6 ability or a lack of intent to comply with the Solid Waste 7 Management Act or other environmental laws of this 8 Commonwealth, other states or the United States. 9 (3) Requirements of the Solid Waste Management Act.--In 10 addition to the requirements of this act, the contractor 11 selected to operate a collection program shall be deemed to 12 be a generator of hazardous waste under the Solid Waste 13 Management Act and subject to the requirements and penalties 14 provided in Article IV, V and VI of that act. 15 (f) Limit on amount.--No eligible entity shall deposit more 16 than 100 kilograms of waste at any one scheduled collection 17 event. 18 (g) Exclusions.--The following waste shall not be accepted 19 at a collection point: 20 (1) Radioactive waste. 21 (2) Biologically active waste. 22 (3) Gas cylinders and aerosol cans. 23 (4) Explosives and ordinance materials. 24 (h) Public awareness.--The department shall administer a 25 program of public information relating to the need for and 26 promotion of the collection days to encourage citizen 27 participation and inform citizens of the importance of proper 28 disposal of hazardous waste. The department shall, within one 29 year of the effective date of this act, establish a toll-free 30 telephone line to provide information to the public on matters 19870S0528B2325 - 116 -
1 relating to household hazardous waste management. 2 (i) Sites.--Collection events may be conducted on sites 3 selected by the sponsoring entity or entities. Such sites may be 4 on public or private property, including, but not limited to, 5 property owned, leased or controlled by the Commonwealth, its 6 agencies or its political subdivisions. Written permission to 7 use the site for the conduct of the event shall be obtained from 8 the owner prior to the event. 9 (j) Liability.--An owner who, without charge, permits any 10 property to be used as a site for a collection event shall not 11 be liable for any damage, harm or injury to any person or 12 property which results from the use of the property as a site 13 for a collection event. 14 (k) Definitions.--As used in this section, the following 15 words and phrases shall have the meanings given to them in this 16 subsection: 17 "Collection contractor." A person licensed by the department 18 and retained by a municipality to operate a household hazardous 19 waste collection program. 20 "Household hazardous waste." Any waste that would be 21 considered hazardous under the Solid Waste Management Act, but 22 for the fact that it is produced in quantities smaller than 23 those regulated under that act and is generated by persons not 24 otherwise covered by that act. At the discretion of the 25 department, the term may include used oil. 26 "Owner." The possession of fee interest; a tenant, lessee, 27 occupant, or person in contact; or the Commonwealth, its 28 agencies and its political subdivisions. 29 "Small business." Any commercial establishment not regulated 30 under the Resource Conservation and Recovery Act of 1976 (Public 19870S0528B2325 - 117 -
1 Law 94-580, 42 U.S.C. § 6901 et seq.). 2 CHAPTER 17 3 ENFORCEMENT AND REMEDIES 4 Section 1701. Unlawful conduct. 5 (a) Offenses defined.--It shall be unlawful for any person 6 to: 7 (1) Violate, or cause or assist in the violation of, any 8 provision of this act, any regulation promulgated hereunder, 9 any order issued hereunder, or the terms or conditions of any 10 municipal waste management plan approved by the department 11 under this act. 12 (2) Fail to adhere to the schedule set forth in, or 13 pursuant to, this act for developing or submitting to the 14 department a municipal waste management plan. 15 (3) Fail to adhere to the schedule set forth in an 16 approved plan for planning, design, siting, construction or 17 operation of municipal waste processing or disposal 18 facilities. 19 (4) Act in a manner that is contrary to the approved 20 county plan or otherwise fail to act in a manner that is 21 consistent with the approved county plan. 22 (5) Fail to make a timely payment of the recycling fee 23 or host municipality benefit fee. 24 (6) Hinder, obstruct, prevent or interfere with the 25 department or its personnel in the performance of any duty 26 under this act. 27 (7) Hinder, obstruct, prevent or interfere with host 28 municipalities or their personnel in the performance of any 29 duty related to the collection of the host municipality 30 benefit fee or in conducting any inspection authorized by 19870S0528B2325 - 118 -
1 this act. 2 (8) Violate the provisions of 18 Pa.C.S. § 4903 3 (relating to false swearing) or 4904 (relating to unsworn 4 falsification to authorities) in complying with any provision 5 of this act, including, but not limited to, providing or 6 preparing any information required by this act. 7 (9) Fail to make any payment to the site-specific 8 postclosure fund or the trust fund for municipally operated 9 landfills in accordance with the provisions of this act. 10 (b) Public nuisance.--All unlawful conduct set forth in 11 subsection (a) shall also constitute a public nuisance. 12 (c) Unlawful conduct.--It shall be unlawful to sell or offer 13 for sale beverages connected to each other by plastic beverage 14 carriers where the carrier is not a degradable plastic beverage 15 carrier. The department shall certify whether a plastic beverage 16 carrier meets the standards of degradability as defined in this 17 act. 18 Section 1702. Enforcement orders. 19 (a) Issuance.--The department may issue such orders to 20 persons as it deems necessary to aid in the enforcement of the 21 provisions of this act. Such orders may include, but shall not 22 be limited to, orders requiring persons to comply with approved 23 municipal waste management plans and orders requiring compliance 24 with the provisions of this act and the regulations promulgated 25 pursuant thereto. Any order issued under this act shall take 26 effect upon notice, unless the order specifies otherwise. An 27 appeal to the Environmental Hearing Board shall not act as a 28 supersedeas. The power of the department to issue an order under 29 this act is in addition to any other remedy which may be 30 afforded to the department pursuant to this act or any other 19870S0528B2325 - 119 -
1 act. 2 (b) Compliance.--It shall be the duty of any person to 3 proceed diligently to comply with any order issued pursuant to 4 subsection (a). If such person fails to proceed diligently or 5 fails to comply with the order within such time, if any, as may 6 be specified, such person shall be guilty of contempt and shall 7 be punished by the court in an appropriate manner, and for this 8 purpose, application may be made by the department to the 9 Commonwealth Court, which is hereby granted jurisdiction. 10 Section 1703. Restraining violations. 11 (a) Injunctions.--In addition to any other remedies provided 12 in this act, the department may institute a suit in equity in 13 the name of the Commonwealth where unlawful conduct or public 14 nuisance exists for an injunction to restrain a violation of 15 this act, the regulations promulgated pursuant thereto, any 16 order issued pursuant thereto, or the terms or conditions of any 17 approved municipal waste management plan, and to restrain the 18 maintenance or threat of a public nuisance. In any such 19 proceeding, the court shall, upon motion of the Commonwealth, 20 issue a prohibitory or mandatory preliminary injunction if it 21 finds that the defendant is engaging in unlawful conduct as 22 defined by this act or is engaged in conduct which is causing 23 immediate and irreparable harm to the public. The Commonwealth 24 shall not be required to furnish bond or other security in 25 connection with such proceedings. In addition to an injunction, 26 the court, in such equity proceedings, may levy civil penalties 27 as specified in section 1704. 28 (b) Jurisdiction.--In addition to any other remedies 29 provided for in this act, upon relation of any district attorney 30 of any county affected, or upon relation of the solicitor of any 19870S0528B2325 - 120 -
1 county or municipality affected, an action in equity may be 2 brought in a court of competent jurisdiction for an injunction 3 to restrain any and all violations of this act or the 4 regulations promulgated pursuant thereto, or to restrain any 5 public nuisance. 6 (c) Concurrent remedies.--The penalties and remedies 7 prescribed by this act shall be deemed concurrent, and the 8 existence of or exercise of any remedy shall not prevent the 9 department from exercising any other remedy hereunder, at law or 10 in equity. 11 (d) Venue.--Actions instituted under this section may be 12 filed in the appropriate court of common pleas or in the 13 Commonwealth Court, which courts are hereby granted jurisdiction 14 to hear such actions. 15 Section 1704. Civil penalties. 16 (a) Assessment.--In addition to proceeding under any other 17 remedy available at law or in equity for a violation of any 18 provision of this act, the regulations promulgated hereunder, 19 any order of the department issued hereunder, or any term or 20 condition of an approved municipal waste management plan, the 21 department may assess a civil penalty upon a person for such 22 violation. Such a penalty may be assessed whether or not the 23 violation was willful or negligent. In determining the amount of 24 the penalty, the department shall consider the willfulness of 25 the violation; the effect on the municipal waste planning 26 process; damage to air, water, land or other natural resources 27 of this Commonwealth or their uses; cost of restoration and 28 abatement; savings resulting to the person in consequence of 29 such violation; deterrence of future violations; and other 30 relevant factors. If the violation leads to issuance of a 19870S0528B2325 - 121 -
1 cessation order, a civil penalty shall be assessed. 2 (b) Escrow.--When the department assesses a civil penalty, 3 it shall inform the person of the amount of the penalty. The 4 person charged with the penalty shall then have 30 days to pay 5 the penalty in full or, if the person wishes to contest either 6 the amount of the penalty or the fact of the violation, either 7 to forward the proposed amount to the department for placement 8 in an escrow account with the State Treasurer or with a bank in 9 this Commonwealth or to post an appeal bond in the amount of the 10 penalty. The bond must be executed by a surety licensed to do 11 business in this Commonwealth and must be satisfactory to the 12 department. If, through administrative or judicial review of the 13 proposed penalty, it is determined that no violation occurred or 14 that the amount of the penalty shall be reduced, the department 15 shall, within 30 days, remit the appropriate amount to the 16 person, with an interest accumulated by the escrow deposit. 17 Failure to forward the money or the appeal bond to the 18 department within 30 days shall result in a waiver of all legal 19 rights to contest the violation or the amount of the penalty. 20 (c) Amount.--The maximum civil penalty which may be assessed 21 pursuant to this section is $10,000 per violation. Each 22 violation for each separate day and each violation of any 23 provision of this act, any regulation promulgated hereunder, any 24 order issued hereunder, or the terms or conditions of any 25 approved municipal waste management plan shall constitute a 26 separate offense under this section. 27 (d) Statute of limitations.--Notwithstanding any other 28 provision of law to the contrary, there shall be a statute of 29 limitations of five years upon actions brought by the 30 Commonwealth under this section. 19870S0528B2325 - 122 -
1 Section 1705. Criminal penalties. 2 (a) Summary offense.--Any person, other than a municipal 3 official exercising his official duties, who violates any 4 provision of this act, any regulation promulgated hereunder, any 5 order issued hereunder, or the terms or conditions of any 6 approved municipal waste management plan shall, upon conviction 7 thereof in a summary proceeding, be sentenced to pay a fine of 8 not less than $100 and not more than $1,000 and costs and, in 9 default of the payment of such fine and costs, to undergo 10 imprisonment for not more than 30 days. 11 (b) Misdemeanor offense.--Any person, other than a municipal 12 official exercising his official duties, who violates any 13 provision of this act, any regulation promulgated hereunder, any 14 order issued hereunder, or the terms or conditions of any 15 approved municipal waste management plan, commits a misdemeanor 16 of the third degree and shall, upon conviction, be sentenced to 17 pay a fine of not less than $1,000 but not more than $10,000 per 18 day for each violation or to imprisonment for a period of not 19 more than one year, or both. 20 (c) Second or subsequent offense.--Any person, other than a 21 municipal official exercising his official duties who, within 22 two years after a conviction of a misdemeanor for any violation 23 of this act, violates any provision of this act, any regulation 24 promulgated hereunder, any order issued hereunder, or the terms 25 or conditions of any approved municipal waste management plan, 26 commits a misdemeanor of the second degree and shall, upon 27 conviction, be sentenced to pay a fine of not less than $2,500 28 nor more than $25,000 for each violation or to imprisonment for 29 a period of not more than two years, or both. 30 (d) Violations to be separate offense.--Each violation for 19870S0528B2325 - 123 -
1 each separate day and each violation of any provision of this 2 act, any regulation promulgated hereunder, any order issued 3 hereunder, or the terms or conditions of any approved municipal 4 waste management plan, shall constitute a separate offense under 5 subsections (a), (b) and (c). 6 Section 1706. Existing rights and remedies preserved; 7 cumulative remedies authorized. 8 Nothing in this act shall be construed as estopping the 9 Commonwealth, or any district attorney of a county or solicitor 10 of a municipality, from proceeding in courts of law or equity to 11 abate pollution forbidden under this act, or abate nuisances 12 under existing law. It is hereby declared to be the purpose of 13 this act to provide additional and cumulative remedies to 14 control municipal waste planning and management within this 15 Commonwealth, and nothing contained in this act shall in any way 16 abridge or alter rights of action or remedies now or hereafter 17 existing in equity, or under the common law or statutory law, 18 criminal or civil. Nothing in this act, or the approval of any 19 municipal waste management plan under this act, or any act done 20 by virtue of this act, shall be construed as estopping the 21 Commonwealth or persons in the exercise of their rights under 22 the common law or decisional law or in equity, from proceeding 23 in courts of law or equity to suppress nuisances, or to abate 24 any pollution now or hereafter existing, or to enforce common 25 law or statutory rights. No court of this Commonwealth having 26 jurisdiction to abate public or private nuisances shall be 27 deprived of such jurisdiction in any action to abate any private 28 or public nuisance instituted by any person for the reason that 29 such nuisance constitutes air or water pollution. 30 Section 1707. Production of materials; recordkeeping 19870S0528B2325 - 124 -
1 requirements. 2 (a) Authority of department.--The department and its agents 3 and employees shall: 4 (1) Have access to, and require the production of, books 5 and papers, documents, and physical evidence pertinent to any 6 matter under investigation. 7 (2) Require any person engaged in the municipal waste 8 management or municipal waste planning to establish and 9 maintain such records and make such reports and furnish such 10 information as the department may prescribe. 11 (3) Have the authority to enter any building, property, 12 premises or place where solid waste is generated, stored, 13 processed, treated or disposed of for the purposes of making 14 an investigation or inspection necessary to ascertain the 15 compliance or noncompliance by any person with the provisions 16 of this act and the regulations promulgated under this act. 17 In connection with the inspection or investigation, samples 18 may be taken of a solid, semisolid, liquid or contained 19 gaseous material for analysis. If, analysis is made of the 20 samples, a copy of the results of the analysis shall be 21 furnished within five business days after receiving the 22 analysis to the person having apparent authority over the 23 building, property, premises or place. 24 (b) Warrants.--An agent or employee of the department may 25 apply for a search warrant to any Commonwealth official 26 authorized to issue a search warrant for the purposes of 27 inspecting or examining any property, building, premises, place, 28 book, record or other physical evidence; of conducting tests; or 29 of taking samples of any solid waste. The warrant shall be 30 issued upon probable cause. It shall be sufficient probable 19870S0528B2325 - 125 -
1 cause to show any of the following: 2 (1) The inspection, examination, test or sampling is 3 pursuant to a general administrative plan to determine 4 compliance with this act. 5 (2) The agent or employee has reason to believe that a 6 violation of this act has occurred or may occur. 7 (3) The agent or employee has been refused access to the 8 property, building, premises, place, book, record or physical 9 evidence or has been prevented from conducting tests or 10 taking samples. 11 Section 1708. Withholding of State funds. 12 In addition to any other penalties provided in this act, the 13 department may notify the State Treasurer to withhold payment of 14 all or any portion of funds payable to the municipality by the 15 department from the General Fund or any other fund if the 16 municipality has engaged in any unlawful conduct under section 17 1701. Upon notification, the State Treasurer shall hold in 18 escrow such moneys due to such municipality until such time as 19 the department notifies the State Treasurer that the 20 municipality has complied with such requirement or schedule. 21 Section 1709. Collection of fines, fees, etc. 22 (a) Lien.--All fines, fees, interest and penalties and any 23 other assessments shall be collectible in any manner provided by 24 law for the collection of debts. If the person liable to pay any 25 such amount neglects or refuses to pay the same after demand, 26 the amount, together with interest and any costs that may 27 accrue, shall be a judgment in favor of the Commonwealth or the 28 host municipality, as the case may be, upon the property of such 29 person, but only after same has been entered and docketed of 30 record by the prothonotary of the county where such property is 19870S0528B2325 - 126 -
1 situated. The Commonwealth or host municipality, as the case may 2 be, may at any time transmit to the prothonotaries of the 3 respective counties certified copies of all such judgments, and 4 it shall be the duty of each prothonotary to enter and docket 5 the same of record in his office, and to index the same as 6 judgments are indexed, without requiring the payment of costs as 7 a condition precedent to the entry thereof. 8 (b) Deposit of fines.--All fines collected pursuant to 9 sections 1704 and 1705 shall be paid into the Solid Waste 10 Abatement Fund. 11 Section 1710. Right of citizen to intervene in proceedings. 12 Any citizen of this Commonwealth having an interest which is 13 or may be adversely affected shall have the right on his own 14 behalf, without posting bond, to intervene in any action brought 15 pursuant to section 1703 or 1704. 16 Section 1711. Remedies of citizens. 17 (a) Authority to bring civil action.--Except as provided in 18 subsection (c), any aggrieved person may commence a civil action 19 on his own behalf against any person who is alleged to be in 20 violation of this act. 21 (b) Jurisdiction.--The Environmental Hearing Board is hereby 22 given jurisdiction over citizen suit actions brought under this 23 section against the department. Actions against any other 24 persons under this section may be taken in a court of competent 25 jurisdiction. Such jurisdiction is in addition to any rights of 26 action now or hereafter existing in equity, or under the common 27 law or statutory law. 28 (c) Notice.--No action may be commenced under this section 29 prior to 60 days after the plaintiff has given notice of the 30 violation to the secretary, to the host municipality and to any 19870S0528B2325 - 127 -
1 alleged violator of the act, of other environmental protection 2 acts, or of the regulation or order of the department which has 3 allegedly been violated, nor shall any action be commenced under 4 this section if the secretary has commenced and is diligently 5 prosecuting an administrative action before the Environmental 6 Hearing Board, or a civil or criminal action in a court of the 7 United States or a state to require compliance with such permit, 8 standard, regulation, condition, requirement, prohibition or 9 order. 10 (d) Award of costs.--The Environmental Hearing Board or a 11 court of competent jurisdiction, in issuing any final order in 12 any action brought pursuant to subsection (a), may award costs 13 of litigation, including reasonable attorney and expert witness 14 fees, to any party, whenever the board or court determines such 15 award is appropriate. 16 Section 1712. Affirmative defense. 17 (a) Defense.--It shall be an affirmative defense to any 18 action by the department pursuant to section 1702, 1704, 1705 or 19 1708 and any action brought pursuant to section 1711 against any 20 municipality alleged to be in violation of section 1501 that 21 such municipality's failure to comply is caused by excessive 22 costs of the program required by section 1501. Program costs are 23 excessive when reasonable and necessary costs of operating the 24 program exceed income from the sale or use of collected 25 material, grant money received from the department pursuant to 26 section 902, and avoided costs of municipal waste processing or 27 disposal. 28 (b) Requirements.--A municipality may not assert the 29 affirmative defense provided by this section if it has failed: 30 (1) To make a timely grant application to the department 19870S0528B2325 - 128 -
1 pursuant to section 902. 2 (2) To exercise its best efforts to implement the 3 program required by section 1501 for at least two years after 4 it was required to establish and implement the program. 5 (c) Construction.--Nothing in this section shall be 6 construed or understood: 7 (1) To create an affirmative defense for a municipality 8 that is alleged to be in violation of any provision of law 9 other than section 1501. 10 (2) To create an affirmative defense for any person 11 other than a municipality. 12 (3) To modify or affect existing statutory and case law 13 concerning affirmative defenses to department actions, except 14 as expressly provided in subsection (a). 15 (d) Exemption.--If the department approves a request, the 16 municipality shall be exempt from the requirements of this 17 section on and after the date of the department's approval. 18 However, the municipality shall immediately pay to the 19 department an amount equal to the depreciated value of any 20 capital equipment, buildings, or other structures or facilities 21 that were constructed or obtained through departmental grants 22 under section 902. The municipality shall pay to the department 23 within 5 years an amount equal to the depreciated value of any 24 capital equipment purchased with funds provided by the 25 department under section 902, less any contribution by the 26 municipality for the purchase of such capital equipment, or the 27 municipality shall convey within 90 days such capitol equipment 28 to the department. 29 Section 1713. Public information. 30 (a) General rule.--Except as provided in subsection (b), 19870S0528B2325 - 129 -
1 records, reports or other information obtained under this act 2 shall be available to the public for inspection or copying 3 during regular business hours. 4 (b) Confidentiality.--The department may, upon request, 5 designate records, reports or information as confidential when 6 the person providing the information demonstrates all of the 7 following: 8 (1) The information contains the trade secrets, 9 processes, operations, style of work or apparatus of a person 10 or is otherwise confidential business information. 11 (2) The information does not relate to public health, 12 safety, welfare, or the environment. 13 (c) Separation of information.--When submitting information 14 under this act, a person shall designate the information which 15 the person believes is confidential or shall submit that 16 information separately from other information being submitted. 17 Section 1714. Whistleblower provisions. 18 (a) Adverse action prohibited.--No employer may discharge, 19 threaten, or otherwise discriminate or retaliate against an 20 employee regarding the employee's compensation, terms, 21 conditions, location or privileges of employment because the 22 employee makes a good faith report or is about to report, 23 verbally or in writing, to the employer or appropriate authority 24 an instance of waste or wrongdoing under this act. 25 (b) Remedies.--The remedies, penalties and enforcement 26 procedures for violations of this section shall be as provided 27 in the act of December 12, 1986 (P.L.1559, No.169), known as the 28 Whistleblower Law. 29 (c) Definitions.--As used in this section, the following 30 words and phrases shall have the meanings given to them in this 19870S0528B2325 - 130 -
1 subsection: 2 "Appropriate authority." A Federal, State or local 3 government body, agency or organization having jurisdiction over 4 criminal law enforcement, regulatory violations, professional 5 conduct or ethics, or waste; or a member, officer, agent, 6 representative or supervisory employee of the body, agency or 7 organization. The term includes, but is not limited to, the 8 Office of Attorney General, the Department of the Auditor 9 General, the Treasury Department, the General Assembly and 10 committees of the General Assembly having the power and duty to 11 investigate criminal law enforcement, regulatory violations, 12 professional conduct or ethics, or waste. 13 "Employee." A person who performs a service for wages or 14 other remuneration under a contract of hire, written or oral, 15 express or implied, for an employer, whether or not the employer 16 is a public body. 17 "Employer." A person supervising one or more employees, 18 including the employee in question; a superior of that 19 supervisor; or an agent of a public body. 20 "Good faith report." A report of conduct defined in this act 21 as wrongdoing or waste which is made without malice or 22 consideration of personal benefit and which the person making 23 the report has reasonable cause to believe is true. 24 "Public body." All of the following: 25 (1) A State officer, agency, department, division, 26 bureau, board, commission, council, authority or other body 27 in the executive branch of State government. 28 (2) A county, city, township, regional governing body, 29 council, school district, special district or municipal 30 corporation, or a board, department, commission, council or 19870S0528B2325 - 131 -
1 agency. 2 (3) Any other body which is created by Commonwealth or 3 political subdivision authority or which is funded in any 4 amount by or through Commonwealth or political subdivision 5 authority or a member or employee of that body. 6 "Waste." An employer's conduct or omissions which result in 7 substantial abuse, misuse, destruction or loss of funds or 8 resources belonging to or derived from Commonwealth or political 9 subdivision sources. 10 "Whistleblower." A person who witnesses or has evidence of 11 wrongdoing or waste while employed and who makes a good faith 12 report of the wrongdoing or waste, verbally or in writing, to 13 one of the person's superiors, to an agent of the employer or to 14 an appropriate authority. 15 "Wrongdoing." A violation which is not of a merely technical 16 or minimal nature of a Federal or State statute or regulation, 17 of a political subdivision ordinance or regulation or of a code 18 of conduct or ethics designed to protect the interest of the 19 public or the employer. 20 Section 1715. Additional penalties. 21 (a) Vehicle forfeiture.--Any vehicle or conveyance used for 22 transportation or disposal of solid waste in the commission of 23 an offense under section 610(1) of the Solid Waste Management 24 shall be deemed contraband and forfeited to the department. The 25 provisions of law relating to the seizure, summary and judicial 26 forfeiture, and condemnation of intoxicating liquor shall apply 27 to seizures and forfeitures under this section. Proceeds from 28 the sale of forfeited vehicles or conveyances shall be deposited 29 in the Solid Waste Abatement Fund. 30 (b) Responsibility for cost.--The operator of any vehicle or 19870S0528B2325 - 132 -
1 conveyance forfeited under subsection (a) shall be responsible 2 for any costs incurred in properly disposing of waste in the 3 vehicle or conveyance. 4 CHAPTER 19 5 MISCELLANEOUS PROVISIONS 6 Section 1901. Report to General Assembly. 7 The Secretary of Environmental Resources shall prepare a 8 report to the General Assembly concerning the implementation of 9 this act and the success of county and municipal recycling 10 programs. This report shall be transmitted to the General 11 Assembly no later than April 1, 1991, and shall be revised, and 12 modified if necessary, at least once every three years 13 thereafter. 14 Section 1902. Severability. 15 The provisions of this act are severable. If any provision of 16 this act or its application to any person or circumstance is 17 held invalid, the invalidity shall not affect other provisions 18 or applications of this act which can be given effect without 19 the invalid provision or application. 20 Section 1903. Repeals. 21 (a) Absolute repeals.--The last sentence in section 201(b), 22 section 201(f) through (l) and sections 202 and 203 of the act 23 of July 7, 1980 (P.L.380, No.97), known as the Solid Waste 24 Management Act, are repealed. 25 (b) Inconsistent repeals.-- 26 (1) Except as provided in section 501(b) of this act, 27 the first through fourth sentences of section 201(b) and 28 section 201(c), (d) and (e) of the act of July 7, 1980 29 (P.L.380, No.97), known as the Solid Waste Management Act, 30 are repealed insofar as they are inconsistent with this act. 19870S0528B2325 - 133 -
1 (2) All acts and parts of acts inconsistent with section 2 1505 are hereby repealed to the extent of the inconsistency. 3 (c) Effect of repealers.--All orders, permits, licenses, 4 decisions and actions of the department under the repealed 5 provisions of the Solid Waste Management Act, including 6 technical or preliminary approvals of solid waste management 7 plans, shall remain in effect unless and until modified, 8 repealed, suspended, superseded or otherwise changed under the 9 terms of this act and the regulations promulgated under this 10 act. 11 Section 1904. Effective date. 12 This act shall take effect as follows: 13 (1) The provisions of Chapters 7 and 9 shall take effect 14 in 90 days. 15 (2) The remainder of this act shall take effect in 60 16 days. B24L27RZ/19870S0528B2325 - 134 -