PRIOR PRINTER'S NO. 1702 PRINTER'S NO. 2858
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
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 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.
1 ESTABLISHING A WASTE TRANSPORTATION SAFETY PROGRAM AND THE WASTE <-- 2 TRANSPORTATION SAFETY ACCOUNT; AND IMPOSING PENALTIES. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. <-- 6 This act shall be known and may be cited as the Solid Waste 7 Transportation Safety Act. 8 Section 2. Legislative findings and declaration of policy. 9 (a) Legislative findings.--The General Assembly hereby 10 determines, declares and finds that: 11 (1) Improper solid waste practices create public health 12 hazards, environmental pollution and nuisances and cause 13 irreparable harm to the public health, safety and welfare. 14 (2) All aspects of solid waste management, particularly 15 the disposition of solid waste, pose a critical threat to the 16 health, safety and welfare of the residents of this 17 Commonwealth when solid waste is improperly managed. 18 (3) The Commonwealth is responsible for the protection 19 of the health, safety and welfare of its residents concerning 20 solid waste management. 21 (4) Concentrated traffic in the vicinity of commercial 22 solid waste landfills and resource recovery facilities can 23 contribute to and cause substantial harm to this 24 Commonwealth's roadways and environment and to the health and 25 safety of the residents of this Commonwealth when traffic is 26 improperly managed. 27 (5) Communities in the areas located near and along the 28 approach routes to commercial solid waste landfills and 29 resource recovery facilities experience traffic problems, 30 litter, odors, noise, dust and other nuisances resulting from 20010H1439B2858 - 2 -
1 the operation of the facilities and from the transportation 2 of waste to the facilities. 3 (6) Commercial solid waste landfills tend to locate in 4 rural and sparsely populated areas. 5 (7) Joint inspections of vehicles by the Department of 6 Environmental Protection, the Pennsylvania State Police and 7 the Department of Transportation consistently indicate that 8 over 25% of the waste vehicles inspected have violations of 9 the act of July 7, 1980 (P.L.380, No.97), known as the Solid 10 Waste Management Act, and the act of July 28, 1988 (P.L.556, 11 No.101), known as the Municipal Waste Planning, Recycling and 12 Waste Reduction Act. 13 (8) Inspections by the Pennsylvania State Police and the 14 Department of Transportation consistently indicate vehicle 15 safety and weight control violations are pervasive in the 16 waste hauling industry. 17 (b) Purposes and goals.--The purposes and goals of this act 18 are to: 19 (1) Enhance the protection of the public health, safety 20 and welfare from the short-term and long-term dangers of 21 transportation of solid waste. 22 (2) Implement section 27 of Article I of the 23 Constitution of Pennsylvania. 24 (3) Limit the magnitude of transportation problems in 25 and around communities which host commercial solid waste 26 landfills or resource recovery facilities. 27 (4) Require written authorization from the Department of 28 Environmental Protection for transporting municipal or 29 residual waste to municipal waste processing and disposal 30 facilities in order to enhance the safe transportation of 20010H1439B2858 - 3 -
1 waste. 2 (5) Protect residents of the communities affected by 3 commercial solid waste landfills and resource recovery 4 facilities from unnecessary traffic problems, litter, odors, 5 noise, dust and other nuisances which may result from the 6 operation of the facilities and from the transportation of 7 waste to the facilities. 8 Section 3. Definitions. 9 (a) General rule.--Unless specifically defined in this 10 section, the terms in this act have the same meaning as provided 11 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid 12 Waste Management Act, or the act of July 28, 1988 (P.L.556, 13 No.101), known as the Municipal Waste Planning, Recycling and 14 Waste Reduction Act, or regulations of the Department of 15 Environmental Protection promulgated thereunder. 16 (b) Definitions.--As used in this section, the following 17 words and phrases shall have the meanings given to them in this 18 subsection: 19 "Commercial solid waste landfill." A landfill permitted or 20 proposed for permitting under the act of July 7, 1980 (P.L.380, 21 No.97), known as the Solid Waste Management Act, for the 22 disposal of municipal waste, residual waste or mixed municipal 23 and residual waste, including mixed municipal or residual waste 24 and construction and demolition debris. The term does not 25 include a landfill used for the exclusive disposal of 26 construction and demolition waste or debris or a captive 27 residual waste facility. 28 "Department." The Department of Environmental Protection of 29 the Commonwealth and its authorized representatives. 30 "Gross vehicle weight." The combined weight of a vehicle or 20010H1439B2858 - 4 -
1 combination of vehicles, including a towing vehicle, semitrailer 2 and the vehicle load, excluding the driver's weight. 3 "Municipal Waste Planning, Recycling and Waste Reduction 4 Act." The act of July 28, 1988 (P.L.556, No.101), known as the 5 Municipal Waste Planning, Recycling and Waste Reduction Act. 6 "Permit." A permit issued pursuant to the act of July 7, 7 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 8 "Secretary." The Secretary of Environmental Protection of 9 the Commonwealth. 10 "Semitrailer." A trailer so constructed that some part of 11 its weight rests upon or is carried by the towing vehicle. 12 "Solid Waste Management Act." The act of July 7, 1980 13 (P.L.380, No.97), known as the Solid Waste Management Act. 14 "Transporter." The owner or operator of a towing vehicle 15 used to transport municipal or residual waste. 16 Section 4. Construction of act. 17 (a) Liberal construction.--This act shall be liberally 18 construed so as best to achieve and effectuate the goals and 19 purposes of this act. 20 (b) Pari materia.--This act shall be construed in pari 21 materia with the Solid Waste Management Act, the Municipal Waste 22 Planning, Recycling and Waste Reduction Act and sections 1935-A 23 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known 24 as The Administrative Code of 1929. 25 Section 5. Transportation authorization and traffic safety. 26 (a) General rule.--It shall be unlawful for a transporter to 27 transport solid waste to a municipal waste processing or 28 disposal facility located in this Commonwealth in a towing 29 vehicle and semitrailer combination with a fifth wheel hookup 30 unless the transporter meets the requirements of this section. 20010H1439B2858 - 5 -
1 (b) Registration fee.-- 2 (1) A transporter shall submit an annual registration 3 application on a form prescribed by the department and shall 4 pay to the department an annual registration fee for each 5 semitrailer used in a towing vehicle and semitrailer 6 combination subject to this section. 7 (2) The annual registration fee shall be $100 for each 8 semitrailer used in a towing vehicle and semitrailer 9 combination subject to this section. 10 (c) Authorization.--Within 30 calendar days of receipt of 11 the registration fee, the department shall issue a written 12 authorization for the semitrailer to be used to transport solid 13 waste. 14 (d) Stickers.--For each written authorization issued, the 15 department shall provide the transporter with two stickers for 16 each semitrailer indicating the authorization number and 17 authorization expiration date for the semitrailer. The stickers 18 shall be displayed prominently on the left front bulkhead and 19 back of the semitrailer used to transport solid waste. 20 (e) Duration.--Written authorization shall be effective for 21 one year after issuance. 22 (f) Regulations.--Subject to subsection (l)(3), the 23 department shall promulgate regulations implementing this 24 section no later than one year after the effective date of this 25 act. 26 (g) Failure to comply.--In carrying out the provisions of 27 this section, the department may deny, suspend, modify or revoke 28 any written authorization if it finds that any of the following 29 has occurred: 30 (1) The transporter or its agent has failed and 20010H1439B2858 - 6 -
1 continues to fail to comply with: 2 (i) any provision of this act; 3 (ii) the Solid Waste Management Act; 4 (iii) the Municipal Waste Planning, Recycling and 5 Waste Reduction Act; 6 (iv) any other Federal or State statute relating to 7 environmental protection or to the protection of the 8 public health, safety and welfare; 9 (v) any rule, regulation or order of the department; 10 or 11 (vi) any condition of any permit, license or other 12 written authorization issued by the department. 13 (2) The transporter has shown a lack of ability or 14 intention to comply with: 15 (i) any provision of this act; 16 (ii) any of the acts referred to in paragraph (1); 17 (iii) any rule, regulation or order of the 18 department; or 19 (iv) any condition of any permit or license issued 20 by the department, as indicated by past or continuing 21 violations. 22 In the case of a corporate transporter, the department may 23 deny the issuance of a written authorization if the 24 department finds that a principal of the corporation was a 25 principal of another corporation that committed past 26 violations of this act. 27 (h) Penalty.-- 28 (1) A person who violates subsection (a) commits a 29 misdemeanor of the third degree and shall, upon conviction 30 for the first offense, be sentenced to pay a fine of not less 20010H1439B2858 - 7 -
1 than $5,000 nor more than $10,000. 2 (2) Upon a second or subsequent violation of subsection 3 (a), a person commits a misdemeanor of the second degree and 4 shall be sentenced to pay a fine of not less than $10,000 nor 5 more than $25,000, and the court may order the operating 6 privilege of the transporter to be suspended for a period of 7 up to one year, or both. 8 (i) Fees, fines and penalties to be paid into the Solid 9 Waste Abatement Fund.--All written authorization fees, fines and 10 penalties collected under this section shall be paid into a 11 restricted account within the Solid Waste Abatement Fund 12 established under section 701 of the Solid Waste Management Act. 13 The fees, fines and penalties also may be used to implement the 14 written authorization program and to support efforts to inspect 15 vehicles used to transport solid waste. 16 (j) Forfeiture.--A towing vehicle and semitrailer used in 17 commission of an offense under this section shall be deemed 18 contraband and may be forfeited to the department. The 19 provisions of law relating to seizure, summary and judicial 20 forfeiture and condemnation of intoxicating liquor shall apply 21 to seizures and forfeitures under this section. Proceeds from 22 the sale of forfeited semitrailers shall be deposited in a 23 restricted account within the Solid Waste Abatement Fund 24 established under section 701 of the Solid Waste Management Act. 25 The funds shall be used to implement the written authorization 26 program and to support efforts to inspect vehicles used to 27 transport solid waste. 28 (k) Transporter compliance study and report.-- 29 (1) Within 24 months from the effective date of this 30 act, the department shall complete a study of transporter 20010H1439B2858 - 8 -
1 compliance. The study shall include one motor vehicle 2 compliance inspection at or in close proximity to the site of 3 each commercial solid waste landfill and each resource 4 recovery facility in the Commonwealth during each of the two 5 calendar years following the effective date of this act. As a 6 part of each inspection, the department shall determine 7 compliance with the requirements of the Solid Waste 8 Management Act, the Municipal Waste Planning, Recycling and 9 Waste Reduction Act, vehicle safety requirements and weight 10 requirements by each vehicle delivering solid waste to a 11 commercial solid waste landfill or resource recovery facility 12 during the working day. 13 (2) Within 30 months from the effective date of this 14 act, the department shall report the results of the 15 transporter compliance study to the General Assembly. The 16 report shall provide numerical and statistical information 17 for each inspection in sufficient detail to identify and 18 quantify the violations found. For safety-related violations, 19 the report shall provide numerical and statistical 20 information identifying and quantifying the class of vehicle, 21 the driver violations and identifying and quantifying the 22 specific mechanical systems involved in vehicle violations. 23 The report also shall detail the annual registration fees 24 collected and fines and penalties imposed and collected, and 25 the direct and indirect costs to implement the annual 26 registration program and inspection program. 27 (3) Upon the completion of study and submission of the 28 report to the General Assembly, the department shall have the 29 power and duty to promulgate regulations to require the 30 payment of an annual registration fee for each semitrailer 20010H1439B2858 - 9 -
1 used in a towing vehicle and semitrailer combination subject 2 to this section. The amount of the annual registration fee 3 shall be sufficient to cover the actual costs of the 4 department in implementing and enforcing this section. 5 Section 6. Enforcement. 6 (a) Orders.-- 7 (1) The department may issue orders to persons and 8 municipalities as it deems necessary to aid in the 9 enforcement of this act. These orders may include, but shall 10 not be limited to, orders to enforce the terms of a host 11 municipality agreement, orders modifying, suspending or 12 revoking written authorizations and orders requiring persons 13 and municipalities to cease unlawful activities or operations 14 of a commercial solid waste landfill or resource recovery 15 facility or transportation vehicle which in the course of its 16 operation is in violation of any provision of this act, any 17 rule or regulation of the department or any terms and 18 conditions of a written authorization issued under this act, 19 a host municipality agreement or a permit. An order issued 20 under this act shall take effect upon notice unless the order 21 specifies otherwise. 22 (2) An appeal to the Environmental Hearing Board shall 23 not act as a supersedeas. 24 (3) The power of the department to issue an order under 25 this act is in addition to any other remedy which may be 26 afforded to the department pursuant to this act or any other 27 act. 28 (b) Duty to comply with orders of department.--It shall be 29 the duty of any person and municipality to proceed diligently to 30 comply with any order issued pursuant to this section. If the 20010H1439B2858 - 10 -
1 person or municipality fails to proceed diligently or fails to 2 comply with the order within the time, if any, as may be 3 specified, the person or municipality shall be guilty of 4 contempt and shall be punished by the court in an appropriate 5 manner and, for this purpose, application may be made by the 6 department to the court. 7 Section 7. Civil penalties. 8 (a) Authority.-- 9 (1) In addition to proceeding under any other remedy 10 available at law or in equity for a violation of any 11 provision of this act, any provision of a host municipality 12 agreement, any rule or regulation of the department or order 13 of the department or any term or condition of any written 14 authorization issued by the department, the department may 15 assess a civil penalty upon a person for the violation. The 16 penalty may be assessed whether or not the violation was 17 willful or negligent. 18 (2) In determining the amount of the penalty, the 19 department shall consider the willfulness of the violation, 20 damage to air, water, land or other natural resources of this 21 Commonwealth or their uses, cost or restoration and 22 abatement, savings resulting to the person in consequence of 23 the violation and other relevant factors. 24 (3) The maximum civil penalty that may be assessed 25 pursuant to this section is $25,000 per offense. Each 26 violation for each separate day and each violation of any 27 provision of this act, any rule or regulation under this act, 28 any order of the department or any term or condition of a 29 permit or permits shall constitute a separate and distinct 30 offense under this section. 20010H1439B2858 - 11 -
1 (b) Procedure.-- 2 (1) When the department proposes to assess a civil 3 penalty, it shall inform the person of the proposed amount of 4 the penalty. The person charged with the penalty shall then 5 have 30 calendar days to pay the proposed penalty in full or, 6 if the person wishes to contest the amount of the penalty or 7 the fact of the violation to the extent not already 8 established, the person shall forward the proposed amount of 9 the penalty to the Environmental Hearing Board within the 30- 10 calendar day period for placement in an escrow account with 11 the State Treasurer or any Commonwealth bank or post an 12 appeal bond to the hearing board within 30 calendar days in 13 the amount of the proposed penalty if the bond is executed by 14 a surety licensed to do business in this Commonwealth and is 15 satisfactory to the department. 16 (2) If through administrative or final judicial review 17 of the proposed penalty it is determined that no violation 18 occurred or that the amount of the penalty shall be reduced, 19 the hearing board shall within 30 calendar days remit the 20 appropriate amount to the person with any interest 21 accumulated by the escrow deposit. 22 (3) Failure to forward the money or the appeal bond at 23 the time of the appeal shall result in a waiver of all legal 24 rights to contest the violation or the amount of the civil 25 penalty unless the appellant alleges financial inability to 26 prepay the penalty or to post the appeal bond. The hearing 27 board shall conduct a hearing to consider the appellant's 28 alleged inability to pay within 30 calendar days of the date 29 of the appeal. 30 (4) The hearing board may waive the requirement to 20010H1439B2858 - 12 -
1 prepay the civil penalty or to post an appeal bond if the 2 appellant demonstrates and the hearing board finds that the 3 appellant is financially unable to pay. The hearing board 4 shall issue an order within 30 calendar days of the date of 5 the hearing to consider the appellant's alleged inability to 6 pay. 7 (5) The amount assessed after administrative hearing or 8 after waiver of administrative hearing shall be payable to 9 the Commonwealth and shall be collectible in any manner 10 provided by law for the collection of debts, including the 11 collection of interest at the legal rate, which shall run 12 from the date of assessment of the penalty. 13 (6) If any person liable to pay a penalty neglects or 14 refuses to pay the same after demand, the amount, together 15 with interest and any costs that may accrue, shall constitute 16 a debt of the person, as may be appropriate, to the Solid 17 Waste Abatement Fund. The debt shall constitute a lien on all 18 property owned by the person when a notice of lien 19 incorporating a description of the property of the person 20 subject to the action is filed with the prothonotary of the 21 court of common pleas where the property is located. 22 (7) The prothonotary shall promptly enter upon the civil 23 judgment or order docket, at no cost to the department, the 24 name and address of the person, as may be appropriate, and 25 the amount of the lien as set forth in the notice of lien. 26 Upon entry by the prothonotary, the lien shall attach to the 27 revenues and all real and personal property of the person, 28 whether or not the person is solvent. 29 (8) The notice of lien, filed pursuant to this 30 subsection, which affects the property of the person shall 20010H1439B2858 - 13 -
1 create a lien with priority over all subsequent claims or 2 liens which are filed against the person, but it shall not 3 affect any valid lien, right or interest in the property 4 filed in accordance with established procedure prior to the 5 filing of a notice of lien under this subsection. 6 Section 8. Regulations. 7 The Environmental Quality Board shall have the power and its 8 duty shall be to adopt the regulations of the department to 9 accomplish the purposes and to carry out the provisions of this 10 act. 11 Section 9. Severability. 12 The provisions of this act are severable. If any provision of 13 this act or its application to any person or circumstance is 14 held invalid, the invalidity shall not affect other provisions 15 or applications of this act which can be given effect without 16 the invalid provision or application. 17 Section 10. Repeals. 18 All acts and parts of acts are repealed insofar as they are 19 inconsistent with this act. 20 Section 11. Effective date. 21 This act shall take effect as follows: 22 (1) Section 5 shall take effect upon the adoption of 23 final regulations by the department pursuant to section 5(f). 24 (2) The remainder of this act shall take effect 25 immediately. 26 SECTION 1. SHORT TITLE. <-- 27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE WASTE 28 TRANSPORTATION SAFETY ACT. 29 SECTION 2. DEFINITIONS. 30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 20010H1439B2858 - 14 -
1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 2 CONTEXT CLEARLY INDICATES OTHERWISE: 3 "COMBINATION." TWO OR MORE VEHICLES PHYSICALLY 4 INTERCONNECTED IN TANDEM. 5 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF 6 THE COMMONWEALTH AND ITS AUTHORIZED REPRESENTATIVES. 7 "GROSS VEHICLE WEIGHT." THE COMBINED WEIGHT OF A VEHICLE OR 8 COMBINATION OF VEHICLES AND ITS LOAD, EXCLUDING THE DRIVER'S 9 WEIGHT. 10 "LAW ENFORCEMENT OFFICER." A PENNSYLVANIA STATE POLICE 11 OFFICER OR A POLICE OFFICER CERTIFIED PURSUANT TO 35 PA.C.S. CH. 12 21 SUBCH. D (RELATING TO MUNICIPAL POLICE EDUCATION AND 13 TRAINING). 14 "MOTOR CARRIER VEHICLE." AS DEFINED IN 75 PA.C.S. § 102 15 (RELATING TO DEFINITIONS). FOR PURPOSES OF THIS ACT, THE TERMS 16 "TRUCK", "TRUCK TRACTOR" AND "COMBINATION" REFER TO VEHICLES 17 USED TO TRANSPORT MUNICIPAL OR RESIDUAL WASTE. 18 "MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION 19 ACT." THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE 20 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT. 21 "OWNER." A PERSON OTHER THAN A LIENHOLDER, HAVING THE 22 PROPERTY RIGHT IN OR TITLE TO A VEHICLE. 23 "QUALIFIED COMMONWEALTH EMPLOYEE." ANY OF THE FOLLOWING WHO 24 HAVE COMPLETED TRAINING IN THE INSPECTION OR WEIGHING OF 25 VEHICLES AS REQUIRED BY 75 PA.C.S. CHS. 47 (RELATING TO 26 INSPECTION OF VEHICLES) AND 49 (RELATING TO SIZE, WEIGHT AND 27 LOAD): 28 (1) A DEPARTMENT OF ENVIRONMENTAL PROTECTION EMPLOYEE. 29 (2) A LAW ENFORCEMENT OFFICER. 30 (3) A QUALIFIED DEPARTMENT OF TRANSPORTATION EMPLOYEE. 20010H1439B2858 - 15 -
1 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL PROTECTION OF 2 THE COMMONWEALTH. 3 "SOLID WASTE MANAGEMENT ACT." THE ACT OF JULY 7, 1980 4 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT. 5 "TRANSPORTATION." THE OFFSITE REMOVAL OF MUNICIPAL AND 6 RESIDUAL WASTE ANY TIME AFTER GENERATION. 7 "TRANSPORTER." THE OWNER OR OPERATOR OF A PUBLIC OR PRIVATE 8 WASTE TRANSPORTATION VEHICLE USED FOR COMMERCIAL PURPOSES TO 9 TRANSPORT MUNICIPAL OR RESIDUAL WASTE TO A MUNICIPAL OR RESIDUAL 10 WASTE PROCESSING OR DISPOSAL FACILITY IN THIS COMMONWEALTH. AN 11 INDIVIDUAL DRIVING A WASTE TRANSPORTATION VEHICLE WHO IS NOT THE 12 OWNER OR OPERATOR IS NOT A "TRANSPORTER" FOR PURPOSES OF THIS 13 ACT. 14 "WASTE TRAILER." A VEHICLE IN EXCESS OF 10,001 POUNDS USED 15 TO CARRY WASTE AND DESIGNED TO BE TOWED BY A MOTOR VEHICLE. 16 "WASTE TRANSPORTATION VEHICLE." PUBLIC AND PRIVATE MOTOR 17 CARRIER VEHICLES AND WASTE TRAILERS, AS DEFINED IN THIS ACT, 18 ROUTINELY USED IN TRANSPORTING MUNICIPAL OR RESIDUAL WASTE TO A 19 PROCESSING OR DISPOSAL FACILITY IN THIS COMMONWEALTH, AS 20 DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. THE 21 TERM DOES NOT INCLUDE VEHICLES CURRENTLY REGISTERED BY THE 22 DEPARTMENT PURSUANT TO 25 PA.CODE § 285.225 (RELATING TO 23 TRANSPORTATION OF RESIDENTIAL SEPTAGE). 24 SECTION 3. ESTABLISHMENT OF PROGRAM. 25 (A) ESTABLISHMENT.--A WASTE TRANSPORTATION SAFETY PROGRAM IS 26 ESTABLISHED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND 27 THE ENVIRONMENT. 28 (B) DUTIES.--THE WASTE TRANSPORTATION SAFETY PROGRAM SHALL: 29 (1) ENSURE THE RESPONSIBLE AND SAFE TRANSPORTATION OF 30 MUNICIPAL OR RESIDUAL WASTE TO PROCESSING AND DISPOSAL 20010H1439B2858 - 16 -
1 FACILITIES BY REQUIRING WRITTEN AUTHORIZATION FROM THE 2 DEPARTMENT. 3 (2) PROHIBIT A WASTE PROCESSING OR DISPOSAL FACILITY 4 FROM ACCEPTING MUNICIPAL OR RESIDUAL WASTE FROM A WASTE 5 TRANSPORTATION VEHICLE ENGAGED IN COMMERCE WITHOUT A VALID 6 AUTHORIZATION. 7 (3) PROVIDE THE DEPARTMENT WITH THE AUTHORITY TO DENY OR 8 REVOKE WRITTEN AUTHORIZATION WHERE THE AGENCY FINDS 9 VIOLATIONS OF APPLICABLE LAWS AND REGULATIONS. 10 (4) ESTABLISH A TRANSPORTATION AUTHORIZATION FEE FOR THE 11 ADMINISTRATION OF THIS ACT. 12 SECTION 4. WASTE TRANSPORTATION SAFETY PROGRAM. 13 (A) INTERIM WRITTEN APPLICATION.--A TRANSPORTER SHALL SUBMIT 14 AN APPLICATION FOR INTERIM WRITTEN AUTHORIZATION ON A FORM 15 PRESCRIBED BY THE DEPARTMENT ACCOMPANIED BY A FEE OF $100 PER 16 TRUCK, $50 PER TRUCK TRACTOR AND $50 PER WASTE TRAILER. EACH 17 APPLICATION SHALL BE ACCOMPANIED BY A COPY OF THE OFFICIAL BASE 18 STATE REGISTRATION PROVIDED FOR IN 75 PA.C.S. § 6144 (RELATING 19 TO VEHICLE REGISTRATION AND LICENSING), EVIDENCE OF THE CURRENT 20 OFFICIAL CERTIFICATE OF INSPECTION AND A CURRENT CERTIFICATE OF 21 INSURANCE. 22 (B) WRITTEN AUTHORIZATION REQUIRED.--IT SHALL BE UNLAWFUL 23 FOR A TRANSPORTER TO OPERATE A WASTE TRANSPORTATION VEHICLE 24 WITHOUT OBTAINING WRITTEN AUTHORIZATION FROM THE DEPARTMENT 25 UNDER THIS SECTION. NOTHING IN THIS SECTION SHALL PRECLUDE THE 26 OPERATION OF A MUNICIPAL WASTE TRANSPORTATION AUTHORIZATION OR 27 LICENSE PROGRAM BY MUNICIPALITIES OR COUNTIES, INCLUDING 28 AMENDMENTS TO THE WASTE TRANSPORTATION SAFETY PROGRAM. 29 (C) INTERIM WRITTEN AUTHORIZATION.--UPON RECEIPT OF THE FEE 30 AND COMPLETE DOCUMENTATION SUBSTANTIATING CONFORMANCE WITH 20010H1439B2858 - 17 -
1 SUBSECTION (A), THE DEPARTMENT SHALL ISSUE AND PROVIDE THE 2 TRANSPORTER WITH AN INTERIM WRITTEN AUTHORIZATION AND STICKERS 3 FOR EACH TRUCK, TRUCK TRACTOR AND WASTE TRAILER. THE STICKERS 4 SHALL INDICATE THE TRANSPORTER'S INTERIM WRITTEN AUTHORIZATION 5 NUMBER AND INTERIM WRITTEN AUTHORIZATION EXPIRATION DATE. A 6 STICKER SHALL BE DISPLAYED PROMINENTLY ON THE LEFT FRONT SIDE OF 7 THE TRUCK OR TRUCK TRACTOR, AND A STICKER SHALL BE DISPLAYED 8 PROMINENTLY ON THE BACK OF THE TRUCK OR WASTE TRAILER. EACH 9 WASTE TRANSPORTATION VEHICLE SHALL CARRY A COPY OF THE INTERIM 10 WRITTEN AUTHORIZATION ISSUED TO THE TRANSPORTER BY THE 11 DEPARTMENT AND, UPON REQUEST, PRESENT THE INTERIM WRITTEN 12 AUTHORIZATION TO THE DEPARTMENT, A LAW ENFORCEMENT OFFICER OR A 13 QUALIFIED COMMONWEALTH EMPLOYEE. 14 (D) TERM OF INTERIM WRITTEN AUTHORIZATION.--THE INTERIM 15 WRITTEN AUTHORIZATION SHALL BE VALID UNTIL THE APPLICANT 16 RECEIVES FULL AUTHORIZATION OR FOR ONE YEAR AFTER ISSUANCE, 17 WHICHEVER IS LESS, UNLESS SUSPENDED OR REVOKED BY THE 18 DEPARTMENT. 19 (E) COMPLIANCE HISTORY.--UPON NOTIFICATION FROM THE 20 DEPARTMENT, THE APPLICANT SHALL SUBMIT ON A FORM PROVIDED BY THE 21 DEPARTMENT DOCUMENTATION OF COMPLIANCE HISTORY THAT CONFORMS 22 WITH SECTION 5. 23 (F) FULL WRITTEN AUTHORIZATION.--UPON EVALUATION OF THE 24 APPLICANT'S COMPLIANCE HISTORY UNDER SECTION 6, THE DEPARTMENT 25 SHALL MAKE A FINAL DETERMINATION ON THE ISSUANCE OF A FULL 26 WRITTEN AUTHORIZATION. 27 (G) TERM OF FULL WRITTEN AUTHORIZATION.--THE FULL WRITTEN 28 AUTHORIZATION SHALL BE VALID FOR ONE YEAR UNLESS SUSPENDED OR 29 REVOKED BY THE DEPARTMENT. 30 (H) FULL WRITTEN AUTHORIZATION APPLICATION RENEWAL.--NINETY 20010H1439B2858 - 18 -
1 DAYS PRIOR TO EXPIRATION OF FULL WRITTEN AUTHORIZATION, A 2 TRANSPORTER SHALL SUBMIT AN APPLICATION FOR FULL WRITTEN 3 AUTHORIZATION ON A FORM PRESCRIBED BY THE DEPARTMENT ACCOMPANIED 4 BY A FEE OF $100 PER TRUCK, $50 PER TRUCK TRACTOR AND $50 PER 5 WASTE TRAILER. EACH APPLICATION SHALL BE ACCOMPANIED BY A COPY 6 OF THE OFFICIAL BASE STATE REGISTRATION, THE CURRENT OFFICIAL 7 CERTIFICATE OF INSPECTION AND A CURRENT CERTIFICATE OF 8 INSURANCE, PURSUANT TO 75 PA.C.S. (RELATING TO VEHICLES), FOR 9 EACH TRUCK, TRUCK TRACTOR AND WASTE TRAILER. AFTER PUBLISHING A 10 NOTICE IN THE PENNSYLVANIA BULLETIN, NO LATER THAN JULY 1 AND 11 EFFECTIVE NO EARLIER THAN JANUARY 1 OF THE FOLLOWING YEAR, THE 12 DEPARTMENT SHALL EVALUATE AND MAY MODIFY THE WRITTEN 13 AUTHORIZATION RENEWAL FEE IN AN AMOUNT SUFFICIENT TO COVER THE 14 ACTUAL COSTS OF THE DEPARTMENT IN IMPLEMENTING AND ENFORCING 15 THIS ACT, INCLUDING THE COSTS OF THE PENNSYLVANIA STATE POLICE 16 AND THE DEPARTMENT OF TRANSPORTATION. THE RENEWAL FEE PAID TO 17 THE DEPARTMENT BY A TRANSPORTER SHALL NOT EXCEED $200. 18 (I) NONTRANSFERABILITY UNTIL REGULATIONS PUBLISHED.--WRITTEN 19 AUTHORIZATIONS SHALL NOT BE TRANSFERABLE UNTIL THE DEPARTMENT 20 PROMULGATES REGULATIONS OR UNTIL TWO YEARS AFTER THE EFFECTIVE 21 DATE OF THIS ACT, WHICHEVER OCCURS FIRST. 22 (J) POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD.--THE 23 ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND DUTY TO 24 ADOPT THE REGULATIONS OF THE DEPARTMENT TO ACCOMPLISH THE 25 PURPOSES AND TO CARRY OUT THE PROVISIONS OF THIS ACT. 26 (K) RESTRICTED ACCOUNT.--ALL FEES RECEIVED BY THE DEPARTMENT 27 PURSUANT TO THIS SECTION SHALL BE PAID INTO A SEPARATE 28 RESTRICTED ACCOUNT KNOWN AS THE WASTE TRANSPORTATION SAFETY 29 ACCOUNT, WHICH IS HEREBY ESTABLISHED. FUNDS IN THIS ACCOUNT 30 SHALL BE AVAILABLE TO THE DEPARTMENT, INCLUDING REIMBURSING THE 20010H1439B2858 - 19 -
1 PENNSYLVANIA STATE POLICE AND THE DEPARTMENT OF TRANSPORTATION 2 FOR THEIR COSTS IN ADMINISTERING THIS ACT. 3 SECTION 5. COMPLIANCE HISTORY REVIEW. 4 (A) TRANSPORTER NONCOMPLIANCE.--IN CARRYING OUT THIS 5 SECTION, THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE ANY 6 WRITTEN AUTHORIZATION IF IT FINDS OR RECEIVES FINDINGS FROM THE 7 PENNSYLVANIA STATE POLICE OR THE DEPARTMENT OF TRANSPORTATION 8 THAT: 9 (1) THE TRANSPORTER HAS FAILED OR CONTINUES TO FAIL TO 10 COMPLY WITH ANY PROVISION OF: 11 (I) THIS ACT; 12 (II) THE SOLID WASTE MANAGEMENT ACT; 13 (III) THE MUNICIPAL WASTE PLANNING, RECYCLING AND 14 WASTE REDUCTION ACT; 15 (IV) ANY OTHER FEDERAL OR STATE STATUTE RELATING TO 16 ENVIRONMENTAL PROTECTION, MOTOR VEHICLE SAFETY OR TO THE 17 PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE; 18 (V) ANY RULE OR REGULATION OF THE DEPARTMENT; 19 (VI) ANY ORDER OF THE DEPARTMENT; OR 20 (VII) ANY CONDITION OF ANY PERMIT, LICENSE OR OTHER 21 WRITTEN AUTHORIZATION ISSUED BY THE DEPARTMENT. 22 (2) THE TRANSPORTER HAS SHOWN A LACK OF ABILITY OR 23 INTENTION TO COMPLY WITH: 24 (I) ANY PROVISION OF THIS ACT; 25 (II) ANY OF THE ACTS REFERRED TO IN THIS SUBSECTION; 26 (III) ANY RULE OR REGULATION OF THE DEPARTMENT OR 27 ORDER OF THE DEPARTMENT; OR 28 (IV) ANY CONDITION OF ANY PERMIT OR LICENSE ISSUED 29 BY THE DEPARTMENT AS INDICATED BY PAST OR CONTINUING 30 VIOLATIONS. 20010H1439B2858 - 20 -
1 (B) CORRECTION OF NONCOMPLIANCE.-- 2 (1) THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE 3 THE ISSUANCE OF A WRITTEN AUTHORIZATION IF THE DEPARTMENT 4 FINDS THAT ANY TRANSPORTER HAS ENGAGED IN UNLAWFUL CONDUCT AS 5 DEFINED IN THIS ACT, THE SOLID WASTE MANAGEMENT ACT OR THE 6 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT 7 OR WHOSE PARTNER, ASSOCIATE, OFFICER, PARENT CORPORATION, 8 SUBSIDIARY CORPORATION, CONTRACTOR, SUBCONTRACTOR OR AGENT 9 HAS ENGAGED IN SUCH UNLAWFUL CONDUCT. 10 (2) INDEPENDENT CONTRACTORS AND AGENTS WHO OPERATE UNDER 11 A WRITTEN AUTHORIZATION SHALL BE SUBJECT TO THE PROVISIONS OF 12 THIS SECTION AND SHALL BE JOINTLY AND SEVERALLY LIABLE, 13 WITHOUT REGARD TO FAULT, FOR VIOLATIONS OF THIS ACT WHICH 14 OCCUR DURING THE INDEPENDENT CONTRACTOR'S OR AGENT'S 15 INVOLVEMENT IN THE COURSE OF OPERATIONS. 16 (C) RELATED CORPORATIONS.--IN THE CASE OF A CORPORATE 17 TRANSPORTER THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE A 18 WRITTEN AUTHORIZATION IF THE DEPARTMENT FINDS THAT A CORPORATION 19 IS RELATED TO ANOTHER PAST OR PRESENT CORPORATION WHICH 20 COMMITTED VIOLATIONS OF THE ACTS REFERRED TO IN THIS SECTION. A 21 CORPORATION IS RELATED TO ANOTHER CORPORATION IF THEY HAVE 22 COMMON PRINCIPALS OR HAVE PARENT OR SUBSIDIARY CORPORATION 23 RELATIONSHIPS. 24 SECTION 6. RESPONSIBILITIES OF MUNICIPAL OR RESIDUAL WASTE 25 PROCESSING OR DISPOSAL FACILITIES. 26 (A) GENERAL RULE.--NO MUNICIPAL OR RESIDUAL WASTE PROCESSING 27 OR DISPOSAL FACILITY SHALL ACCEPT MUNICIPAL OR RESIDUAL WASTE 28 FROM A WASTE TRANSPORTATION VEHICLE WITHOUT A VALID WRITTEN 29 AUTHORIZATION ISSUED BY THE DEPARTMENT. FAILURE TO COMPLY WITH 30 THIS PROVISION SHALL RESULT IN A PENALTY ASSESSMENT OF $2,000 20010H1439B2858 - 21 -
1 AGAINST THE OPERATOR OF THE PROCESSING OR DISPOSAL FACILITY. 2 (B) DISPOSITION.--ALL PENALTY ASSESSMENTS COLLECTED UNDER 3 THIS SECTION SHALL BE PAID INTO THE WASTE TRANSPORTATION SAFETY 4 ACCOUNT AND SHALL BE USED FOR THE PURPOSES ENUMERATED IN THIS 5 ACT. 6 SECTION 7. ENFORCEMENT. 7 (A) AUTHORITY OF LAW ENFORCEMENT OFFICERS AND QUALIFIED 8 COMMONWEALTH EMPLOYEES.--A LAW ENFORCEMENT OFFICER OR QUALIFIED 9 COMMONWEALTH EMPLOYEE SHALL BE AUTHORIZED TO ASSIST THE 10 DEPARTMENT IN ENFORCING PROVISIONS OF THIS ACT. THE AUTHORITY 11 GRANTED UNDER THIS SECTION SHALL BE EXERCISED ONLY WHEN THE 12 EMPLOYEE IS IN UNIFORM AND IS CONDUCTING AN INSPECTION OF A 13 VEHICLE, AS DESCRIBED IN 75 PA.C.S. CHS. 47 (RELATING TO 14 INSPECTION OF VEHICLES) AND 49 (RELATING TO SIZE, WEIGHT AND 15 LOAD). 16 (B) TRAINING OF LAW ENFORCEMENT OFFICERS AND QUALIFIED 17 COMMONWEALTH EMPLOYEES.--THE DEPARTMENT OF TRANSPORTATION MAY 18 TRAIN AND QUALIFY LAW ENFORCEMENT OFFICERS AND QUALIFIED 19 COMMONWEALTH EMPLOYEES TO INSPECT WASTE TRANSPORTATION VEHICLES 20 AS AUTHORIZED UNDER THIS SECTION AND AS PROVIDED FOR IN 75 21 PA.C.S. CHS. 47 AND 49. THE DEPARTMENT OF TRANSPORTATION SHALL 22 HAVE THE POWER TO ADOPT REGULATIONS TO IMPLEMENT THIS 23 SUBSECTION, AS NECESSARY. 24 (C) DISPOSITION.--ALL FINES AND PENALTIES COLLECTED AS A 25 RESULT OF VIOLATIONS OF THIS ACT SHALL BE PAID INTO THE WASTE 26 TRANSPORTATION SAFETY ACCOUNT AND SHALL BE USED FOR THE PURPOSES 27 ENUMERATED IN THIS ACT. THE FEES MAY ALSO BE USED TO SUPPORT 28 ADDITIONAL EFFORTS TO INSPECT WASTE TRANSPORTATION VEHICLES USED 29 TO TRANSPORT MUNICIPAL AND RESIDUAL WASTE. 30 SECTION 8. PENALTIES. 20010H1439B2858 - 22 -
1 (A) CRIMINAL PENALTIES.--A PERSON WHO VIOLATES THE 2 PROVISIONS OF THIS ACT COMMITS A MISDEMEANOR OF THE THIRD DEGREE 3 AND, UPON CONVICTION FOR THE FIRST OFFENSE, SHALL PAY A PENALTY 4 OF NOT LESS THAN $5,000 NOR MORE THAN $10,000. UPON THE SECOND 5 OR SUBSEQUENT CONVICTION OF AN OFFENSE UNDER THIS ACT, A PERSON 6 COMMITS A MISDEMEANOR OF THE SECOND DEGREE AND SHALL PAY A 7 PENALTY OF NOT LESS THAN $10,000 NOR MORE THAN $25,000, AND THE 8 COURT MAY ORDER THE OPERATING PRIVILEGE OF THE VEHICLE OPERATOR 9 TO BE SUSPENDED FOR A PERIOD OF UP TO ONE YEAR, OR BOTH. 10 (B) CIVIL PENALTIES.-- 11 (1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY 12 AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF ANY 13 PROVISION OF THIS ACT, THE REGULATIONS PROMULGATED HEREUNDER, 14 ANY ORDER OF THE DEPARTMENT ISSUED UNDER THIS ACT OR ANY TERM 15 OR CONDITION OF A WRITTEN AUTHORIZATION, THE DEPARTMENT MAY 16 ASSESS A CIVIL PENALTY UPON A PERSON. SUCH PENALTY MAY BE 17 ASSESSED WHETHER OR NOT THE VIOLATION WAS WILLFUL OR 18 NEGLIGENT. IN DETERMINING THE AMOUNT OF THE PENALTY, THE 19 DEPARTMENT SHALL CONSIDER THE WILLFULNESS OF THE VIOLATION, 20 THE EFFECT ON WASTE TRANSPORTATION SAFETY, DAMAGE TO THE 21 NATURAL RESOURCES OF THIS COMMONWEALTH OR THEIR USES, COST OF 22 RESTORATION AND ABATEMENT, SAVINGS RESULTING TO THE VIOLATOR 23 IN CONSEQUENCE OF SUCH VIOLATION, DETERRENCE OF FUTURE 24 VIOLATIONS AND OTHER RELEVANT FACTORS. IF THE VIOLATION LEADS 25 TO THE ISSUANCE OF A CESSATION ORDER, A CIVIL PENALTY SHALL 26 BE ASSESSED. 27 (2) WHEN THE DEPARTMENT ASSESSES A CIVIL PENALTY, IT 28 SHALL INFORM THE PERSON OF THE AMOUNT OF THE PENALTY. THE 29 PERSON SHALL THEN HAVE 30 DAYS TO PAY THE PENALTY IN FULL OR, 30 IF THE PERSON WISHES TO CONTEST EITHER THE AMOUNT OF THE 20010H1439B2858 - 23 -
1 PENALTY OR THE FACT OF THE VIOLATION, THE PERSON SHALL 2 FORWARD THE PROPOSED AMOUNT OF THE PENALTY TO THE DEPARTMENT 3 FOR PLACEMENT IN AN ESCROW ACCOUNT WITH THE STATE TREASURER 4 OR WITH A BANK IN THIS COMMONWEALTH, OR POST AN APPEAL BOND 5 IN THE AMOUNT OF THE PENALTY. THE BOND MUST BE EXECUTED BY A 6 SURETY LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND MUST 7 BE SATISFACTORY TO THE DEPARTMENT. IF, THROUGH ADMINISTRATIVE 8 OR JUDICIAL REVIEW OF THE PROPOSED PENALTY, IT IS DETERMINED 9 THAT NO VIOLATION OCCURRED OR THAT THE AMOUNT OF THE PENALTY 10 SHALL BE REDUCED, THE DEPARTMENT SHALL, WITHIN 30 DAYS, REMIT 11 THE APPROPRIATE AMOUNT TO THE PERSON, WITH AN INTEREST 12 ACCUMULATED BY THE ESCROW DEPOSIT. FAILURE TO FORWARD THE 13 MONEY OR THE APPEAL BOND TO THE DEPARTMENT WITHIN 30 DAYS 14 SHALL RESULT IN A WAIVER OF ALL LEGAL RIGHTS TO CONTEST THE 15 VIOLATION OR THE AMOUNT OF THE PENALTY. 16 (3) THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED 17 PURSUANT TO THIS ACT IS $10,000 PER VIOLATION. EACH VIOLATION 18 FOR EACH SEPARATE DAY AND EACH VIOLATION OF ANY PROVISION OF 19 THIS ACT, ANY REGULATION PROMULGATED HEREUNDER, ANY ORDER 20 ISSUED UNDER THIS ACT OR THE TERMS OR CONDITIONS OF ANY 21 WRITTEN AUTHORIZATION SHALL CONSTITUTE A SEPARATE OFFENSE 22 UNDER THIS ACT. 23 (4) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE 24 CONTRARY, THERE SHALL BE A STATUTE OF LIMITATIONS OF FIVE 25 YEARS UPON ACTIONS BROUGHT BY THE COMMONWEALTH UNDER THIS 26 ACT. 27 (C) ENFORCEMENT ORDERS.-- 28 (1) THE DEPARTMENT MAY ISSUE ORDERS TO SUCH PERSONS, 29 COUNTIES AND MUNICIPALITIES AS IT DEEMS NECESSARY TO AID IN 30 THE ENFORCEMENT OF THIS ACT. SUCH ORDERS MAY INCLUDE, BUT 20010H1439B2858 - 24 -
1 SHALL NOT BE LIMITED TO, ORDERS MODIFYING, SUSPENDING OR 2 REVOKING WRITTEN AUTHORIZATIONS AND ORDERS REQUIRING PERSONS, 3 COUNTIES AND MUNICIPALITIES TO CEASE UNLAWFUL ACTIVITIES OR 4 OPERATIONS OF A WASTE TRANSPORTATION VEHICLE WHICH IN THE 5 COURSE OF OPERATION IS IN VIOLATION OF THIS ACT, ANY RULE OR 6 REGULATION OF THE DEPARTMENT OR ANY TERMS AND CONDITIONS OF A 7 WRITTEN AUTHORIZATION ISSUED UNDER THIS ACT. AN ORDER ISSUED 8 UNDER THIS ACT SHALL TAKE EFFECT UPON NOTICE UNLESS THE ORDER 9 SPECIFIES OTHERWISE. AN APPEAL TO THE ENVIRONMENTAL HEARING 10 BOARD SHALL NOT ACT AS A SUPERSEDEAS. THE POWER OF THE 11 DEPARTMENT TO ISSUE AN ORDER UNDER THIS ACT IS IN ADDITION TO 12 ANY OTHER REMEDY WHICH MAY BE AFFORDED TO THE DEPARTMENT 13 PURSUANT TO THIS ACT OR ANY OTHER ACT. 14 (2) IT SHALL BE THE DUTY OF ANY PERSON TO PROCEED 15 DILIGENTLY TO COMPLY WITH ANY ORDER ISSUED PURSUANT TO THIS 16 SECTION. IF SUCH PERSON FAILS TO PROCEED DILIGENTLY OR FAILS 17 TO COMPLY WITH THE ORDER WITHIN SUCH TIME, IF ANY, AS MAY BE 18 SPECIFIED, SUCH PERSON COMMITS CONTEMPT AND SHALL BE PUNISHED 19 BY THE COURT IN AN APPROPRIATE MANNER, AND, FOR THIS PURPOSE, 20 APPLICATION MAY BE MADE TO THE COMMONWEALTH COURT, WHICH IS 21 HEREBY GRANTED JURISDICTION. 22 (D) INJUNCTIONS.-- 23 (1) IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS 24 ACT, THE DEPARTMENT MAY INSTITUTE A SUIT IN EQUITY IN THE 25 NAME OF THE COMMONWEALTH WHERE UNLAWFUL CONDUCT EXISTS FOR AN 26 INJUNCTION TO RESTRAIN A VIOLATION OF THIS ACT, THE 27 REGULATIONS PROMULGATED UNDER THIS ACT, ANY ORDER ISSUED 28 PURSUANT HERETO OR THE TERMS OR CONDITIONS OF ANY WRITTEN 29 AUTHORIZATION. IN ANY SUCH PROCEEDING, THE COURT SHALL, UPON 30 THE MOTION OF THE COMMONWEALTH, ISSUE A PROHIBITORY OR 20010H1439B2858 - 25 -
1 MANDATORY PRELIMINARY INJUNCTION IF IT FINDS THAT THE 2 DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT AS DEFINED BY THIS 3 ACT OR IS ENGAGED IN CONDUCT WHICH IS CAUSING IMMEDIATE OR 4 IRREPARABLE HARM TO THE PUBLIC. THE COMMONWEALTH SHALL NOT BE 5 REQUIRED TO FURNISH BOND OR OTHER SECURITY IN CONNECTION WITH 6 SUCH PROCEEDINGS. IN ADDITION TO AN INJUNCTION, THE COURT IN 7 SUCH EQUITY PROCEEDINGS MAY LEVY CIVIL PENALTIES AS SPECIFIED 8 IN THIS ACT. 9 (2) IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR IN 10 THIS ACT, AN ACTION IN EQUITY MAY BE BROUGHT IN A COURT OF 11 COMPETENT JURISDICTION FOR AN INJUNCTION TO RESTRAIN ANY AND 12 ALL VIOLATIONS OF THIS ACT OR THE REGULATIONS PROMULGATED 13 UNDER THIS ACT. 14 (3) ACTIONS INSTITUTED UNDER THIS SECTION MAY BE FILED 15 IN THE APPROPRIATE COURT OF COMMON PLEAS OR IN THE 16 COMMONWEALTH COURT, WHICH COURTS ARE HEREBY GRANTED 17 JURISDICTION TO HEAR SUCH ACTIONS. 18 (E) CONCURRENT REMEDIES.--THE PENALTIES AND REMEDIES 19 PROVIDED IN THIS ACT SHALL BE DEEMED CONCURRENT AND CUMULATIVE 20 WITH ALL OTHER EXISTING PROVISIONS OF LAW OR EQUITY. THE 21 EXISTENCE OR EXERCISE OF ANY REMEDY SHALL NOT PREVENT THE 22 DEPARTMENT FROM EXERCISING ANY OTHER REMEDY UNDER THIS ACT, AT 23 ANY LAW OR IN EQUITY. 24 (F) FORFEITURE OF WASTE TRANSPORTATION VEHICLE.-- 25 (1) A WASTE TRANSPORTATION VEHICLE USED IN THE 26 COMMISSION OF AN OFFENSE UNDER SECTION 5 SHALL BE DEEMED 27 CONTRABAND AND FORFEITED TO THE DEPARTMENT. THE PROVISIONS OF 28 LAW RELATING TO SEIZURE, SUMMARY AND JUDICIAL FORFEITURE AND 29 CONDEMNATION OF INTOXICATING LIQUOR SHALL APPLY TO SEIZURES 30 AND FORFEITURES UNDER THIS ACT. PROCEEDS FROM THE SALE OF 20010H1439B2858 - 26 -
1 FORFEITED WASTE TRANSPORTATION VEHICLES SHALL BE DEPOSITED IN 2 THE WASTE TRANSPORTATION SAFETY ACCOUNT. 3 (2) THE OWNER OF ANY VEHICLE OR CONVEYANCE FORFEITED 4 UNDER THIS ACT SHALL BE RESPONSIBLE FOR ANY COSTS INCURRED IN 5 PROPERLY DISPOSING OF WASTE IN THE VEHICLE OR CONVEYANCE. 6 (G) DEPOSIT OF FINES AND PENALTIES.--ALL FINES AND PENALTIES 7 COLLECTED UNDER THIS SECTION SHALL BE PAID INTO THE WASTE 8 TRANSPORTATION SAFETY ACCOUNT AND SHALL BE USED FOR THE PURPOSES 9 ENUMERATED IN THIS ACT. THE FEES MAY ALSO BE USED TO SUPPORT 10 ADDITIONAL EFFORTS TO INSPECT WASTE TRANSPORTATION VEHICLES USED 11 TO TRANSPORT MUNICIPAL AND RESIDUAL WASTE. 12 SECTION 9. EFFECTIVE DATE. 13 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. D23L35DMS/20010H1439B2858 - 27 -