PRINTER'S NO. 1702
No. 1439 Session of 2001
INTRODUCED BY S. H. SMITH, FEESE, SURRA, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, DALLY, BARD, FAIRCHILD, FRANKEL, GRUCELA, HENNESSEY, HERMAN, HERSHEY, HESS, LAUGHLIN, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, STEIL, E. Z. TAYLOR, THOMAS, TRELLO AND YUDICHAK, APRIL 25, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 2001
AN ACT 1 Establishing transportation and safety requirements, including a 2 fee and registration for vehicles that collect and transport 3 municipal and residual waste to certain municipal and 4 residual waste disposal and processing facilities. 5 TABLE OF CONTENTS 6 Section 1. Short title. 7 Section 2. Legislative findings and declaration of policy. 8 Section 3. Definitions. 9 Section 4. Construction of act. 10 Section 5. Transportation authorization and traffic safety. 11 Section 6. Enforcement. 12 Section 7. Civil penalties. 13 Section 8. Regulations. 14 Section 9. Severability. 15 Section 10. Repeals. 16 Section 11. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. Short title. 3 This act shall be known and may be cited as the Solid Waste 4 Transportation Safety Act. 5 Section 2. Legislative findings and declaration of policy. 6 (a) Legislative findings.--The General Assembly hereby 7 determines, declares and finds that: 8 (1) Improper solid waste practices create public health 9 hazards, environmental pollution and nuisances and cause 10 irreparable harm to the public health, safety and welfare. 11 (2) All aspects of solid waste management, particularly 12 the disposition of solid waste, pose a critical threat to the 13 health, safety and welfare of the residents of this 14 Commonwealth when solid waste is improperly managed. 15 (3) The Commonwealth is responsible for the protection 16 of the health, safety and welfare of its residents concerning 17 solid waste management. 18 (4) Concentrated traffic in the vicinity of commercial 19 solid waste landfills and resource recovery facilities can 20 contribute to and cause substantial harm to this 21 Commonwealth's roadways and environment and to the health and 22 safety of the residents of this Commonwealth when traffic is 23 improperly managed. 24 (5) Communities in the areas located near and along the 25 approach routes to commercial solid waste landfills and 26 resource recovery facilities experience traffic problems, 27 litter, odors, noise, dust and other nuisances resulting from 28 the operation of the facilities and from the transportation 29 of waste to the facilities. 30 (6) Commercial solid waste landfills tend to locate in 20010H1439B1702 - 2 -
1 rural and sparsely populated areas. 2 (7) Joint inspections of vehicles by the Department of 3 Environmental Protection, the Pennsylvania State Police and 4 the Department of Transportation consistently indicate that 5 over 25% of the waste vehicles inspected have violations of 6 the act of July 7, 1980 (P.L.380, No.97), known as the Solid 7 Waste Management Act, and the act of July 28, 1988 (P.L.556, 8 No.101), known as the Municipal Waste Planning, Recycling and 9 Waste Reduction Act. 10 (8) Inspections by the Pennsylvania State Police and the 11 Department of Transportation consistently indicate vehicle 12 safety and weight control violations are pervasive in the 13 waste hauling industry. 14 (b) Purposes and goals.--The purposes and goals of this act 15 are to: 16 (1) Enhance the protection of the public health, safety 17 and welfare from the short-term and long-term dangers of 18 transportation of solid waste. 19 (2) Implement section 27 of Article I of the 20 Constitution of Pennsylvania. 21 (3) Limit the magnitude of transportation problems in 22 and around communities which host commercial solid waste 23 landfills or resource recovery facilities. 24 (4) Require written authorization from the Department of 25 Environmental Protection for transporting municipal or 26 residual waste to municipal waste processing and disposal 27 facilities in order to enhance the safe transportation of 28 waste. 29 (5) Protect residents of the communities affected by 30 commercial solid waste landfills and resource recovery 20010H1439B1702 - 3 -
1 facilities from unnecessary traffic problems, litter, odors, 2 noise, dust and other nuisances which may result from the 3 operation of the facilities and from the transportation of 4 waste to the facilities. 5 Section 3. Definitions. 6 (a) General rule.--Unless specifically defined in this 7 section, the terms in this act have the same meaning as provided 8 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid 9 Waste Management Act, or the act of July 28, 1988 (P.L.556, 10 No.101), known as the Municipal Waste Planning, Recycling and 11 Waste Reduction Act, or regulations of the Department of 12 Environmental Protection promulgated thereunder. 13 (b) Definitions.--As used in this section, the following 14 words and phrases shall have the meanings given to them in this 15 subsection: 16 "Commercial solid waste landfill." A landfill permitted or 17 proposed for permitting under the act of July 7, 1980 (P.L.380, 18 No.97), known as the Solid Waste Management Act, for the 19 disposal of municipal waste, residual waste or mixed municipal 20 and residual waste, including mixed municipal or residual waste 21 and construction and demolition debris. The term does not 22 include a landfill used for the exclusive disposal of 23 construction and demolition waste or debris or a captive 24 residual waste facility. 25 "Department." The Department of Environmental Protection of 26 the Commonwealth and its authorized representatives. 27 "Gross vehicle weight." The combined weight of a vehicle or 28 combination of vehicles, including a towing vehicle, semitrailer 29 and the vehicle load, excluding the driver's weight. 30 "Municipal Waste Planning, Recycling and Waste Reduction 20010H1439B1702 - 4 -
1 Act." The act of July 28, 1988 (P.L.556, No.101), known as the 2 Municipal Waste Planning, Recycling and Waste Reduction Act. 3 "Permit." A permit issued pursuant to the act of July 7, 4 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 5 "Secretary." The Secretary of Environmental Protection of 6 the Commonwealth. 7 "Semitrailer." A trailer so constructed that some part of 8 its weight rests upon or is carried by the towing vehicle. 9 "Solid Waste Management Act." The act of July 7, 1980 10 (P.L.380, No.97), known as the Solid Waste Management Act. 11 "Transporter." The owner or operator of a towing vehicle 12 used to transport municipal or residual waste. 13 Section 4. Construction of act. 14 (a) Liberal construction.--This act shall be liberally 15 construed so as best to achieve and effectuate the goals and 16 purposes of this act. 17 (b) Pari materia.--This act shall be construed in pari 18 materia with the Solid Waste Management Act, the Municipal Waste 19 Planning, Recycling and Waste Reduction Act and sections 1935-A 20 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known 21 as The Administrative Code of 1929. 22 Section 5. Transportation authorization and traffic safety. 23 (a) General rule.--It shall be unlawful for a transporter to 24 transport solid waste to a municipal waste processing or 25 disposal facility located in this Commonwealth in a towing 26 vehicle and semitrailer combination with a fifth wheel hookup 27 unless the transporter meets the requirements of this section. 28 (b) Registration fee.-- 29 (1) A transporter shall submit an annual registration 30 application on a form prescribed by the department and shall 20010H1439B1702 - 5 -
1 pay to the department an annual registration fee for each 2 semitrailer used in a towing vehicle and semitrailer 3 combination subject to this section. 4 (2) The annual registration fee shall be $100 for each 5 semitrailer used in a towing vehicle and semitrailer 6 combination subject to this section. 7 (c) Authorization.--Within 30 calendar days of receipt of 8 the registration fee, the department shall issue a written 9 authorization for the semitrailer to be used to transport solid 10 waste. 11 (d) Stickers.--For each written authorization issued, the 12 department shall provide the transporter with two stickers for 13 each semitrailer indicating the authorization number and 14 authorization expiration date for the semitrailer. The stickers 15 shall be displayed prominently on the left front bulkhead and 16 back of the semitrailer used to transport solid waste. 17 (e) Duration.--Written authorization shall be effective for 18 one year after issuance. 19 (f) Regulations.--Subject to subsection (l)(3), the 20 department shall promulgate regulations implementing this 21 section no later than one year after the effective date of this 22 act. 23 (g) Failure to comply.--In carrying out the provisions of 24 this section, the department may deny, suspend, modify or revoke 25 any written authorization if it finds that any of the following 26 has occurred: 27 (1) The transporter or its agent has failed and 28 continues to fail to comply with: 29 (i) any provision of this act; 30 (ii) the Solid Waste Management Act; 20010H1439B1702 - 6 -
1 (iii) the Municipal Waste Planning, Recycling and 2 Waste Reduction Act; 3 (iv) any other Federal or State statute relating to 4 environmental protection or to the protection of the 5 public health, safety and welfare; 6 (v) any rule, regulation or order of the department; 7 or 8 (vi) any condition of any permit, license or other 9 written authorization issued by the department. 10 (2) The transporter has shown a lack of ability or 11 intention to comply with: 12 (i) any provision of this act; 13 (ii) any of the acts referred to in paragraph (1); 14 (iii) any rule, regulation or order of the 15 department; or 16 (iv) any condition of any permit or license issued 17 by the department, as indicated by past or continuing 18 violations. 19 In the case of a corporate transporter, the department may 20 deny the issuance of a written authorization if the 21 department finds that a principal of the corporation was a 22 principal of another corporation that committed past 23 violations of this act. 24 (h) Penalty.-- 25 (1) A person who violates subsection (a) commits a 26 misdemeanor of the third degree and shall, upon conviction 27 for the first offense, be sentenced to pay a fine of not less 28 than $5,000 nor more than $10,000. 29 (2) Upon a second or subsequent violation of subsection 30 (a), a person commits a misdemeanor of the second degree and 20010H1439B1702 - 7 -
1 shall be sentenced to pay a fine of not less than $10,000 nor 2 more than $25,000, and the court may order the operating 3 privilege of the transporter to be suspended for a period of 4 up to one year, or both. 5 (i) Fees, fines and penalties to be paid into the Solid 6 Waste Abatement Fund.--All written authorization fees, fines and 7 penalties collected under this section shall be paid into a 8 restricted account within the Solid Waste Abatement Fund 9 established under section 701 of the Solid Waste Management Act. 10 The fees, fines and penalties also may be used to implement the 11 written authorization program and to support efforts to inspect 12 vehicles used to transport solid waste. 13 (j) Forfeiture.--A towing vehicle and semitrailer used in 14 commission of an offense under this section shall be deemed 15 contraband and may be forfeited to the department. The 16 provisions of law relating to seizure, summary and judicial 17 forfeiture and condemnation of intoxicating liquor shall apply 18 to seizures and forfeitures under this section. Proceeds from 19 the sale of forfeited semitrailers shall be deposited in a 20 restricted account within the Solid Waste Abatement Fund 21 established under section 701 of the Solid Waste Management Act. 22 The funds shall be used to implement the written authorization 23 program and to support efforts to inspect vehicles used to 24 transport solid waste. 25 (k) Transporter compliance study and report.-- 26 (1) Within 24 months from the effective date of this 27 act, the department shall complete a study of transporter 28 compliance. The study shall include one motor vehicle 29 compliance inspection at or in close proximity to the site of 30 each commercial solid waste landfill and each resource 20010H1439B1702 - 8 -
1 recovery facility in the Commonwealth during each of the two 2 calendar years following the effective date of this act. As a 3 part of each inspection, the department shall determine 4 compliance with the requirements of the Solid Waste 5 Management Act, the Municipal Waste Planning, Recycling and 6 Waste Reduction Act, vehicle safety requirements and weight 7 requirements by each vehicle delivering solid waste to a 8 commercial solid waste landfill or resource recovery facility 9 during the working day. 10 (2) Within 30 months from the effective date of this 11 act, the department shall report the results of the 12 transporter compliance study to the General Assembly. The 13 report shall provide numerical and statistical information 14 for each inspection in sufficient detail to identify and 15 quantify the violations found. For safety-related violations, 16 the report shall provide numerical and statistical 17 information identifying and quantifying the class of vehicle, 18 the driver violations and identifying and quantifying the 19 specific mechanical systems involved in vehicle violations. 20 The report also shall detail the annual registration fees 21 collected and fines and penalties imposed and collected, and 22 the direct and indirect costs to implement the annual 23 registration program and inspection program. 24 (3) Upon the completion of study and submission of the 25 report to the General Assembly, the department shall have the 26 power and duty to promulgate regulations to require the 27 payment of an annual registration fee for each semitrailer 28 used in a towing vehicle and semitrailer combination subject 29 to this section. The amount of the annual registration fee 30 shall be sufficient to cover the actual costs of the 20010H1439B1702 - 9 -
1 department in implementing and enforcing this section. 2 Section 6. Enforcement. 3 (a) Orders.-- 4 (1) The department may issue orders to persons and 5 municipalities as it deems necessary to aid in the 6 enforcement of this act. These orders may include, but shall 7 not be limited to, orders to enforce the terms of a host 8 municipality agreement, orders modifying, suspending or 9 revoking written authorizations and orders requiring persons 10 and municipalities to cease unlawful activities or operations 11 of a commercial solid waste landfill or resource recovery 12 facility or transportation vehicle which in the course of its 13 operation is in violation of any provision of this act, any 14 rule or regulation of the department or any terms and 15 conditions of a written authorization issued under this act, 16 a host municipality agreement or a permit. An order issued 17 under this act shall take effect upon notice unless the order 18 specifies otherwise. 19 (2) An appeal to the Environmental Hearing Board shall 20 not act as a supersedeas. 21 (3) The power of the department to issue an order under 22 this act is in addition to any other remedy which may be 23 afforded to the department pursuant to this act or any other 24 act. 25 (b) Duty to comply with orders of department.--It shall be 26 the duty of any person and municipality to proceed diligently to 27 comply with any order issued pursuant to this section. If the 28 person or municipality fails to proceed diligently or fails to 29 comply with the order within the time, if any, as may be 30 specified, the person or municipality shall be guilty of 20010H1439B1702 - 10 -
1 contempt and shall be punished by the court in an appropriate 2 manner and, for this purpose, application may be made by the 3 department to the court. 4 Section 7. Civil penalties. 5 (a) Authority.-- 6 (1) In addition to proceeding under any other remedy 7 available at law or in equity for a violation of any 8 provision of this act, any provision of a host municipality 9 agreement, any rule or regulation of the department or order 10 of the department or any term or condition of any written 11 authorization issued by the department, the department may 12 assess a civil penalty upon a person for the violation. The 13 penalty may be assessed whether or not the violation was 14 willful or negligent. 15 (2) In determining the amount of the penalty, the 16 department shall consider the willfulness of the violation, 17 damage to air, water, land or other natural resources of this 18 Commonwealth or their uses, cost or restoration and 19 abatement, savings resulting to the person in consequence of 20 the violation and other relevant factors. 21 (3) The maximum civil penalty that may be assessed 22 pursuant to this section is $25,000 per offense. Each 23 violation for each separate day and each violation of any 24 provision of this act, any rule or regulation under this act, 25 any order of the department or any term or condition of a 26 permit or permits shall constitute a separate and distinct 27 offense under this section. 28 (b) Procedure.-- 29 (1) When the department proposes to assess a civil 30 penalty, it shall inform the person of the proposed amount of 20010H1439B1702 - 11 -
1 the penalty. The person charged with the penalty shall then 2 have 30 calendar days to pay the proposed penalty in full or, 3 if the person wishes to contest the amount of the penalty or 4 the fact of the violation to the extent not already 5 established, the person shall forward the proposed amount of 6 the penalty to the Environmental Hearing Board within the 30- 7 calendar day period for placement in an escrow account with 8 the State Treasurer or any Commonwealth bank or post an 9 appeal bond to the hearing board within 30 calendar days in 10 the amount of the proposed penalty if the bond is executed by 11 a surety licensed to do business in this Commonwealth and is 12 satisfactory to the department. 13 (2) If through administrative or final judicial review 14 of the proposed penalty it is determined that no violation 15 occurred or that the amount of the penalty shall be reduced, 16 the hearing board shall within 30 calendar days remit the 17 appropriate amount to the person with any interest 18 accumulated by the escrow deposit. 19 (3) Failure to forward the money or the appeal bond at 20 the time of the appeal shall result in a waiver of all legal 21 rights to contest the violation or the amount of the civil 22 penalty unless the appellant alleges financial inability to 23 prepay the penalty or to post the appeal bond. The hearing 24 board shall conduct a hearing to consider the appellant's 25 alleged inability to pay within 30 calendar days of the date 26 of the appeal. 27 (4) The hearing board may waive the requirement to 28 prepay the civil penalty or to post an appeal bond if the 29 appellant demonstrates and the hearing board finds that the 30 appellant is financially unable to pay. The hearing board 20010H1439B1702 - 12 -
1 shall issue an order within 30 calendar days of the date of 2 the hearing to consider the appellant's alleged inability to 3 pay. 4 (5) The amount assessed after administrative hearing or 5 after waiver of administrative hearing shall be payable to 6 the Commonwealth and shall be collectible in any manner 7 provided by law for the collection of debts, including the 8 collection of interest at the legal rate, which shall run 9 from the date of assessment of the penalty. 10 (6) If any person liable to pay a penalty neglects or 11 refuses to pay the same after demand, the amount, together 12 with interest and any costs that may accrue, shall constitute 13 a debt of the person, as may be appropriate, to the Solid 14 Waste Abatement Fund. The debt shall constitute a lien on all 15 property owned by the person when a notice of lien 16 incorporating a description of the property of the person 17 subject to the action is filed with the prothonotary of the 18 court of common pleas where the property is located. 19 (7) The prothonotary shall promptly enter upon the civil 20 judgment or order docket, at no cost to the department, the 21 name and address of the person, as may be appropriate, and 22 the amount of the lien as set forth in the notice of lien. 23 Upon entry by the prothonotary, the lien shall attach to the 24 revenues and all real and personal property of the person, 25 whether or not the person is solvent. 26 (8) The notice of lien, filed pursuant to this 27 subsection, which affects the property of the person shall 28 create a lien with priority over all subsequent claims or 29 liens which are filed against the person, but it shall not 30 affect any valid lien, right or interest in the property 20010H1439B1702 - 13 -
1 filed in accordance with established procedure prior to the 2 filing of a notice of lien under this subsection. 3 Section 8. Regulations. 4 The Environmental Quality Board shall have the power and its 5 duty shall be to adopt the regulations of the department to 6 accomplish the purposes and to carry out the provisions of this 7 act. 8 Section 9. Severability. 9 The provisions of this act are severable. If any provision of 10 this act or its application to any person or circumstance is 11 held invalid, the invalidity shall not affect other provisions 12 or applications of this act which can be given effect without 13 the invalid provision or application. 14 Section 10. Repeals. 15 All acts and parts of acts are repealed insofar as they are 16 inconsistent with this act. 17 Section 11. Effective date. 18 This act shall take effect as follows: 19 (1) Section 5 shall take effect upon the adoption of 20 final regulations by the department pursuant to section 5(f). 21 (2) The remainder of this act shall take effect 22 immediately. D23L35DMS/20010H1439B1702 - 14 -