PRINTER'S NO. 842
No. 793 Session of 1999
INTRODUCED BY GEORGE, DeWEESE, SURRA, PESCI, SHANER, GIGLIOTTI, TRAVAGLIO, FEESE, SANTONI, FAIRCHILD, HARHAI, CASORIO, GORDNER, EACHUS, TRELLO, BARD, WALKO, ORIE, DeLUCA, TANGRETTI, WOJNAROSKI, STEELMAN, LEVDANSKY, McCALL, MELIO, GRUCELA, M. COHEN, YUDICHAK, FREEMAN, RUFFING, SOLOBAY AND DALEY, MARCH 9, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 9, 1999
AN ACT 1 Establishing a moratorium on the issuance of certain permits 2 relating to municipal waste landfills; and providing for 3 rescission of unused capacity, for municipal control and for 4 rebuttable presumptions and defenses. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Municipal 9 Solid Waste Control Act. 10 Section 2. Purpose. 11 The General Assembly declares the purposes of this act as 12 follows: 13 (1) To provide municipalities across this Commonwealth 14 with the ability to control the disposal of solid waste in 15 their communities. 16 (2) To ensure the protection of public health and
1 safety. 2 (3) To provide a means of reconciling the amount of 3 solid waste that is disposed of in this Commonwealth with the 4 amount of solid waste that is permitted to be disposed of in 5 this Commonwealth. 6 (4) To provide municipalities with the ability to impose 7 restrictions upon solid waste disposal facilities within 8 their borders. 9 (5) To preserve and extend the existing solid waste 10 disposal capacity within this Commonwealth. 11 Section 3. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Daily volume." The amount of solid waste actually disposed 16 of each day at a facility. 17 "Department." The Department of Environmental Protection of 18 the Commonwealth. 19 "Facility." A municipal waste landfill, 20 construction/demolition waste landfill, resource recovery 21 facility or commercial residual waste disposal facility. 22 "Host municipality." A city, borough, incorporated town, 23 township or home rule municipality within which a facility is 24 located or proposed to be located or has been permitted but not 25 constructed. 26 "Permitted daily volume." The amount of solid waste 27 permitted by the Department of Environmental Protection to be 28 disposed of at a facility each day. 29 "Region." The geographical area designated by the Department 30 of Environmental Protection for each of its regional field 19990H0793B0842 - 2 -
1 operations. 2 "Secretary." The Secretary of Environmental Protection of 3 the Commonwealth. 4 "Solid waste." Solid waste as defined in the act of July 7, 5 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 6 Section 4. Moratorium. 7 Until such time that the Environmental Quality Board 8 publishes rules and regulations to implement this act: 9 (1) The department shall not accept an application for a 10 permit modification nor issue a permit or permit modification 11 under the act of July 7, 1980 (P.L.380, No.97), known as the 12 Solid Waste Management Act, for the construction, expansion 13 or operation of a facility. 14 (2) The department shall not accept for review nor issue 15 a permit modification that would result in an increase in 16 average daily volume or maximum daily volume at a facility. 17 Section 5. Rescission of unused capacity. 18 (a) Duty of secretary.--The secretary shall rescind 19 permitted daily volume amounts which exceed the actual daily 20 volume amounts as calculated by the department in accordance 21 with subsection (b). 22 (b) Calculations by department.--The department shall 23 calculate actual daily volume amounts by averaging the disposal 24 of actual daily volume at each facility for the preceding 12- 25 month period. Any amount of daily volume in excess of the 26 determined actual daily volume shall be subject to the 27 rescission under subsection (a). 28 Section 6. Municipality control. 29 (a) Denial of permits.--The governing body of a host 30 municipality may deny any permit or permit modification for a 19990H0793B0842 - 3 -
1 facility located in the municipality, except as provided in 2 subsection (b). 3 (b) Exception for public need.-- 4 (1) The host municipality may not deny a permit or 5 permit modification of a facility located in the municipality 6 if the department determines that there is a public need for 7 the additional capacity contained within that permit or 8 permit modification. The public need for additional capacity 9 shall be determined by the department, at least every three 10 years, by totaling the available disposal capacity within 11 that region. If the total disposal capacity within that 12 region is at or below the two-year capacity, the department 13 may issue a certificate of public need which shall override 14 any host municipality denials of permits or permit 15 modifications. 16 (2) The department may issue permits and permit 17 modifications within that region until such time as the 18 permitted capacity within that region reaches the seven-year 19 capacity. 20 (c) Public hearing.-- 21 (1) If the department determines to issue a certificate 22 of public need under subsection (b), the department shall 23 conduct at least one public hearing in the host municipality 24 before the permit or permit modification is approved. The 25 public hearing shall be scheduled with a minimum of 30 days' 26 public notice prior to the hearing date. A comment period of 27 not less than 60 days shall be provided to accept written 28 comments on the permit or permit modification. 29 (2) At the public hearing, the department shall present 30 information, including, but not limited to: 19990H0793B0842 - 4 -
1 (i) The nature of the proposed facility. 2 (ii) The site of the proposed facility or expansion 3 of existing facility. 4 (iii) The potential generators of waste. 5 (iv) The life expectancy of the proposed facility or 6 expansion of existing facility. 7 (v) An explanation of the host municipality's rights 8 with regard to abatement of nuisances at the facility, 9 including, but not limited to, traffic problems, litter, 10 odors, noise, dust or other nuisances that may emanate 11 from the facility or that may increase daily volume at 12 the facility. 13 Section 7. Rebuttable presumption and defenses. 14 (a) Liability of facility operator.--It shall be rebuttably 15 presumed, as a matter of law, that a facility operator is liable 16 without proof of fault, negligence or causation for all 17 pollution or diminution of public or private water supplies 18 within 2,500 linear feet of the boundaries of the facility. 19 (b) Defenses limited.--There shall only be five defenses to 20 the rebuttable presumption of liability provided for in 21 subsection (a). A facility operator must affirmatively prove by 22 a preponderance of evidence that one of the following conditions 23 exists: 24 (1) The landowner is not within 2,500 linear feet of the 25 facility boundary. 26 (2) The landowner or water supply company refused to 27 allow the facility operator access to conduct a survey prior 28 to commencing operations. 29 (3) The pollution or diminution existed prior to 30 facility operation as determined by a survey conducted prior 19990H0793B0842 - 5 -
1 to commencing facility operations. 2 (4) The pollution or diminution occurred as a result of 3 some cause other than the facility operation. 4 (5) The landowner, water supply user or water company 5 refused to allow the facility operator access to determine 6 the cause of pollution or diminution or to replace or restore 7 the water supply. 8 Section 8. Repeal. 9 All acts and parts of acts are repealed insofar as they are 10 inconsistent with this act. 11 Section 9. Effective date. 12 This act shall take effect in 60 days. B18L27DMS/19990H0793B0842 - 6 -