PRINTER'S NO. 3659
No. 2643 Session of 1990
INTRODUCED BY BELARDI, TIGUE, GEORGE, DeWEESE, CAWLEY, STISH, LLOYD, JAROLIN AND FREEMAN, JUNE 6, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 6, 1990
AN ACT 1 Authorizing investigations into fitness to transport municipal 2 waste; authorizing the Department of Environmental Resources 3 and the Department of Transportation to issue orders, 4 including orders restricting or prohibiting the 5 transportation of municipal waste; providing remedies; 6 establishing certain fees; prescribing penalties; and making 7 a repeal. 8 The General Assembly finds and declares as follows: 9 (1) That, since improper and inadequate municipal waste 10 transportation practices create public health hazards, 11 environmental pollution, and economic loss, and cause 12 irreparable harm to the public health, safety and welfare, it 13 is the purpose of this act to exclude or remove from 14 participation in the municipal waste transportation industry 15 persons with known criminal records, habits or associations, 16 or any person known to be deficient in expertise or 17 competence in the transportation of municipal waste. 18 (2) That the municipal waste transportation industry in 19 this Commonwealth can attain, maintain and retain integrity, 20 public confidence and trust and promote the general public
1 interest, only under a system of control and regulation that 2 precludes the participation therein of persons with known 3 criminal records, habits or associations, and excludes or 4 removes from any position of authority or responsibility any 5 person known to be so deficient in expertise or competence 6 with specific reference to the municipal waste transportation 7 industry that the participation of such person would create 8 or enhance the dangers of unsound, unfair or illegal 9 practices, methods and activities in the conduct of the 10 business of that industry. 11 (3) That notwithstanding the fact that the majority of 12 persons involved in this industry are respectable and 13 responsible and that there exists in this Commonwealth a 14 substantial industry capable of meeting the standards set by 15 this act, the municipal waste transportation industry remains 16 vulnerable to corrupting influences. 17 (4) That it is vital to the interest of the Commonwealth 18 to prevent entry, direct or indirect, into the operations of 19 the municipal waste transportation industry, of persons who 20 lack the honesty, trustworthiness or integrity necessary to 21 engage in the transportation of municipal waste in such 22 manner as to safeguard the public interest, and it is to the 23 end of excluding such persons that the regulatory and 24 investigative powers and duties provided in this act shall be 25 exercised to the fullest extent consistent with law. 26 (5) That a significant number of municipal waste 27 transportation vehicles in Pennsylvania are poorly maintained 28 or operated and create an unreasonable risk of harm to the 29 health, safety and welfare of the citizens of this 30 Commonwealth. 19900H2643B3659 - 2 -
1 (6) That to protect the health, safety and welfare of 2 the citizens of this Commonwealth, it is necessary to ensure 3 that poorly maintained, unsafe municipal waste transportation 4 vehicles are not operated on the roads or highways of this 5 Commonwealth. 6 TABLE OF CONTENTS 7 Chapter 1. Preliminary Provisions 8 Section 101. Short title. 9 Section 102. Definitions. 10 Section 103. Construction of act. 11 Section 104. Powers and duties of department. 12 Section 105. Powers and duties of the Environmental Quality 13 Board. 14 Chapter 3. Disclosure of Information 15 Section 301. Notification and disclosure statement. 16 Section 302. Orders prohibiting transportation. 17 Section 303. Criminal investigation by the Pennsylvania State 18 Police. 19 Section 304. Investigation by department. 20 Chapter 5. Enforcement 21 Section 501. Public nuisances. 22 Section 502. Enforcement orders. 23 Section 503. Duty to comply with orders. 24 Section 504. Restraining violations. 25 Section 505. Penalties. 26 Section 506. Unlawful conduct. 27 Section 507. Enforcement of subpoenas. 28 Chapter 7. Fees and Expenses 29 Section 701. Basic fee. 30 Section 702. Reimbursement for expenses. 19900H2643B3659 - 3 -
1 Section 703. Agreement with Pennsylvania State Police. 2 Section 704. Solid Waste Abatement Fund. 3 Chapter 11. Miscellaneous Provisions 4 Section 1101. Repeals. 5 Section 1102. Effective date. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 CHAPTER 1 9 PRELIMINARY PROVISIONS 10 Section 101. Short title. 11 This act shall be known and may be cited as the Municipal 12 Waste Transportation Disclosure Act. 13 Section 102. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Conviction." A plea of guilty, a plea of nolo contendere, a 18 finding of guilty by a court or an unvacated forfeiture of bail 19 or collateral deposited to secure a defendant's appearance in 20 court. 21 "Criminal history record information." As defined in 18 22 Pa.C.S. § 9102 (relating to definitions). 23 "Criminal History Record Information Act." 18 Pa.C.S. Ch. 91 24 (relating to criminal history record information). 25 "Criminal justice agency." As defined in 18 Pa.C.S. § 9102 26 (relating to definitions). 27 "Department." The Department of Environmental Resources of 28 the Commonwealth and its authorized representatives. 29 "Department of Transportation." The Department of 30 Transportation of the Commonwealth and its authorized 19900H2643B3659 - 4 -
1 representatives. 2 "Disclosure statement." A statement submitted to the 3 Department of Environmental Resources on a form developed by the 4 department which shall include, at a minimum: 5 (1) The full name, business address and Social Security 6 number of the applicant and any related party to the 7 applicant. 8 (2) The full name, business address and Social Security 9 number of all officers, directors, associates or partners of 10 any business concern disclosed in the statement and the names 11 and addresses of all persons holding any equity in or the 12 debt liability of any business concern so disclosed or, if 13 the business concern is a publicly traded corporation, all 14 individuals or business concerns holding more than 5% of the 15 equity in or debt liability of that business concern, except 16 that when the debt liability is held by a chartered lending 17 institution, the applicant need only supply the name and 18 business address of the lending institution. 19 (3) The full name and business address of any company in 20 which the applicant holds an equity interest and that 21 collects, transfers, transports, processes, treats, stores or 22 disposes of solid waste. 23 (4) A description of the experience and credentials, 24 including any past or present permits or licenses, for the 25 collection, transfer, processing, transportation, treatment, 26 storage or disposal of solid wastes possessed by the 27 applicant, or any related party to the applicant. 28 (5) A listing and explanation of any civil or criminal 29 prosecution by government agencies, administrative 30 enforcement actions resulting in the imposition of sanctions, 19900H2643B3659 - 5 -
1 or license revocations or denials issued by any Federal or 2 State authority in the ten years immediately preceding the 3 filing of the application, that are pending or have resulted 4 in a finding or a settlement of a violation of any law or 5 rule or regulation relating to the collection, transfer, 6 transportation, processing, treatment, storage or disposal of 7 solid waste or any other environmental protection statute, by 8 the applicant or any related party to the applicant. 9 "Highway." As defined in 75 Pa.C.S. § 102 (relating to 10 definitions). 11 "Intelligence information." As defined in 18 Pa.C.S. § 9102 12 (relating to definitions). 13 "Investigative information." As defined in 18 Pa.C.S. § 9102 14 (relating to definitions). 15 "Municipality." A city, borough, incorporated town, township 16 or county or any authority created by any of the foregoing. 17 "Municipal waste." As defined in section 103 of the act of 18 July 7, 1980 (P.L.380, No.97), known as the Solid Waste 19 Management Act. 20 "Municipal Waste Planning, Recycling and Waste Reduction 21 Act." The act of July 28, 1988 (P.L.556, No.101). 22 "Municipal waste transportation vehicle." Any vehicle which 23 is utilized for the transportation of municipal waste, other 24 than municipal waste generated by the owner or operator of the 25 vehicle. The term does not include a truck or truck tractor 26 which has a registered gross weight or combination weight of 27 10,000 pounds or less. A vehicle may be a municipal waste 28 transportation vehicle even though it is not utilized solely for 29 the transportation of municipal waste. 30 "Person." Any individual, partnership, corporation, 19900H2643B3659 - 6 -
1 association, institution, cooperative enterprise, municipality, 2 municipal authority, Federal Government or agency, State 3 institution and agency, or any other legal entity whatsoever 4 which is recognized by law as the subject of rights and duties. 5 In any provisions of this act prescribing a fine, imprisonment 6 or penalty, or any combination of the foregoing, the term shall 7 include the officers and directors of any corporation or other 8 legal entity having officers and directors. 9 "Related party." Any partner, associate, officer, principal 10 shareholder, parent corporation, subsidiary corporation, 11 contractor, subcontractor, key employee, or agent of a person or 12 municipality, or any person with a beneficial interest in the 13 business of a person or municipality. 14 "Secretary." The Secretary of Environmental Resources or his 15 authorized representative. 16 "Solid waste." As defined in section 103 of the act of July 17 7, 1980 (P.L.380, No.97), known as the Solid Waste Management 18 Act. 19 "Solid Waste Management Act." The act of July 7, 1980 20 (P.L.380, No.97). 21 "State police." The Pennsylvania State Police. 22 "Transportation." As defined in section 103 of the act of 23 July 7, 1980 (P.L.380, No.97), known as the Solid Waste 24 Management Act. 25 "Vehicle." Any device in, upon or by which any person or 26 property is or may be transported or drawn upon a highway, and 27 which is required by law to be registered with the Department of 28 Transportation, or its equivalent in any other jurisdiction. The 29 term does not include devices used exclusively upon rails or 30 tracks. 19900H2643B3659 - 7 -
1 "Vehicle code." Title 75 of the Pennsylvania Consolidated 2 Statutes. 3 Section 103. Construction of act. 4 (a) Related acts.--This act shall be construed in pari 5 materia with the Solid Waste Management Act and the Municipal 6 Waste Planning, Recycling and Waste Reduction Act. 7 (b) Liberal construction.--The terms and provisions of this 8 act are to be liberally construed, so as to best achieve and 9 effectuate the goals and purposes hereof. 10 (c) Severability.--The provisions of this act are severable. 11 If any provision of this act or its application to any person or 12 circumstance is held invalid, the invalidity shall not affect 13 other provisions or applications of this act which can be given 14 effect without the invalid provision or application. 15 Section 104. Powers and duties of department. 16 The department shall have the power, and its duty shall be 17 to: 18 (1) Develop rules and regulations to accomplish the 19 purposes and to carry out the provisions of this act. 20 (2) Issue orders to implement and enforce the provisions 21 of this act. 22 (3) Conduct investigations into the fitness of persons 23 to transport municipal waste. 24 (4) Collect the required fees to cover the cost of 25 conducting investigations under this act. 26 (5) Do any and all other things not inconsistent with 27 any provision of this act, which it deems necessary or proper 28 for the effective enforcement of this act and the rules or 29 regulations which may be promulgated hereunder. 30 Section 105. Powers and duties of the Environmental Quality 19900H2643B3659 - 8 -
1 Board. 2 The Environmental Quality Board shall have the power and its 3 duty shall be to adopt the rules and regulations of the 4 department to accomplish the purposes and to carry out the 5 provisions of this act and the establishment of rules and 6 regulations to protect the confidentiality of any information 7 collected by the department in the course of any investigation 8 under this act. 9 CHAPTER 3 10 DISCLOSURE OF INFORMATION 11 Section 301. Notification and disclosure statement. 12 (a) General rule.--Except as provided in subsection (e), 13 within 30 days of the effective date of this act, any person who 14 owns or operates a municipal waste transportation vehicle in 15 this Commonwealth shall file with the department a notification, 16 a disclosure statement, and any additional information required 17 by the department under subsection (d). Any person who becomes 18 the owner or operator of a municipal waste transportation 19 vehicle in this Commonwealth on or after the effective date of 20 this act, or who becomes the owner or operator of additional 21 municipal waste transportation vehicles on or after the 22 effective date of this act shall immediately file with the 23 department a notification, a disclosure statement and any 24 additional information required by the department under 25 subsection (d). 26 (b) Additions and changes.--If any of the information 27 required to be included in a disclosure statement changes, or if 28 additional responsible information comes into the possession of 29 the person who is required to file the disclosure statement, 30 after the disclosure statement has been filed, the person 19900H2643B3659 - 9 -
1 required to file the original disclosure statement shall provide 2 that information to the department, in writing, within 30 days 3 of the change or addition. 4 (c) Content and updates.--The notification required by this 5 section shall include the current state of registration, 6 registration number, and registration expiration date for each 7 municipal waste transportation vehicle owned or operated by the 8 person in this Commonwealth. The owner or operator shall provide 9 an annual update of the notification required by this section to 10 the department. 11 (d) Additional information.--The department may require an 12 owner or operator of a municipal waste transportation vehicle in 13 this Commonwealth to provide the department with information 14 sufficient to demonstrate whether any of the conditions in 15 section 302 exist. The department may also require an owner or 16 operator of a municipal waste transportation vehicle to complete 17 and submit, to the department, a consent form that authorizes 18 the department to obtain any information from other persons or 19 agencies under section 304 for which the person's consent would 20 be required. 21 (e) Application of section.--This section does not apply to 22 Pennsylvania municipalities. 23 (f) Certain leases deemed owners.--A commercial lessor who 24 does not arrange for the transportation of municipal waste or 25 participate in the transportation of municipal waste, other than 26 through leasing a vehicle to a person who transports municipal 27 waste, shall not be deemed to be an owner of a municipal waste 28 transportation vehicle under this act. In those circumstances, 29 the lessee shall be deemed to be the owner of the vehicle under 30 this act. 19900H2643B3659 - 10 -
1 Section 302. Orders prohibiting transportation. 2 (a) Grounds.--The department may issue an order prohibiting 3 or restricting the transportation of municipal waste in a 4 municipal waste transportation vehicle owned or operated by a 5 person in any of the following circumstances: 6 (1) The person, or any related party to the person: 7 (i) has been convicted of a felony under the laws of 8 the Commonwealth, the United States or any other 9 jurisdiction; 10 (ii) has been convicted of a misdemeanor relating to 11 solid waste management or the business of solid waste 12 management under the laws of the Commonwealth, the United 13 States or any other jurisdiction. 14 (iii) has entered into a plea bargain arrangement 15 and was convicted of lesser charges if the original 16 charge was a felony; 17 (iv) is currently under investigation by any 18 Federal, State or local law enforcement agency; or 19 (v) is subject to current or pending charges which 20 are a misdemeanor related to solid waste management, or 21 any felony. 22 (2) There is substantial evidence that the person lacks 23 the honesty, trustworthiness or integrity necessary to 24 transport municipal waste in such manner as to safeguard the 25 interest of the public. 26 (3) The person, or any related party to the person, in 27 any prior business management performance record in the 28 collection, transportation, processing, treatment, storage or 29 disposal of solid waste has not previously exhibited the 30 expertise and competence necessary to transport municipal 19900H2643B3659 - 11 -
1 waste. 2 (4) The department finds that the person, or any related 3 party to the person, has failed or continues to fail to 4 comply with any provision of this act, the act of June 22, 5 1937 (P.L.1987, No.394), known as The Clean Streams Law, the 6 act of January 8, 1960 (1959 P.L.2119, No.787), known as the 7 Air Pollution Control Act, the act of November 26, 1978 8 (P.L.1375, No.325), known as the Dam Safety and Encroachments 9 Act, or any other Federal or State statute relating to 10 environmental protection or to the protection of the public 11 health, safety or welfare; or any rule or regulation of the 12 department; or any order of the department; or any condition 13 of any permit or license issued by the department; or if the 14 department finds that the person, or any related party to the 15 person has shown a lack of ability or intention to comply 16 with any provision of this act or any of the statutes 17 referred to in this paragraph or any rule or regulation of 18 the department or order of the department, or any condition 19 of any permit or license issued by the department as 20 indicated by past or continuing violations. 21 (5) The person or any related party to the person has 22 engaged in unlawful conduct as defined in the Solid Waste 23 Management Act or the Municipal Waste Planning, Recycling and 24 Waste Reduction Act unless the person demonstrates to the 25 satisfaction of the department that the unlawful conduct has 26 been corrected. 27 (6) The transportation of municipal waste in a vehicle 28 owned or operated by the person: 29 (i) is, or has been, conducted in violation of this 30 act, the Solid Waste Management Act, the Municipal Waste 19900H2643B3659 - 12 -
1 Planning, Recycling and Waste Reduction Act, or the rules or 2 regulations adopted pursuant to those acts; 3 (ii) is creating a public nuisance; 4 (iii) is creating a potential hazard to the public 5 health, safety or welfare; or 6 (iv) adversely affects the environment. 7 (b) Notice to other agencies.--The department shall notify 8 the Department of Transportation, the Public Utility Commission 9 and the Pennsylvania State Police whenever the department issues 10 an order under this act in relation to a circumstance set forth 11 in this section and shall provide the Department of 12 Transportation, the Public Utility Commission and the State 13 police with a description of the terms of the order, and a list 14 of the municipal waste transportation vehicles owned or operated 15 by the person against whom the order was issued, to the extent 16 that such a list is available. The department shall release that 17 list of vehicles to owners or operators of solid waste 18 management facilities. 19 Section 303. Criminal investigation by the Pennsylvania State 20 Police. 21 (a) Requests by department.-- 22 (1) Upon receipt of a notification and disclosure 23 statement under this act, the department shall forward a copy 24 of the disclosure statement to the State police and request 25 the State police to conduct an investigation to determine 26 whether one or more of the conditions in section 302(a)(1) 27 exists. 28 (2) The department may also request the State police to 29 conduct an investigation on any owner or operator of a 30 municipal waste transportation vehicle in Pennsylvania or any 19900H2643B3659 - 13 -
1 related party to the owner or operator to determine whether 2 one or more of the conditions in section 302(a)(1) exists. 3 (b) Report.--Within 90 days from the date that the 4 department requests the State police to conduct an investigation 5 under this section, the State police shall forward to the 6 department a report which includes a determination of whether 7 one or more of the conditions in section 302(a)(1) exists. 8 (c) Criminal history record information.--In carrying out 9 its duties under this section, where the owner or operator of a 10 municipal waste transportation vehicle or any related party of 11 the owner or operator is not a resident of the Commonwealth, the 12 State police shall request a report of criminal history record 13 information on the nonresident from the Federal Bureau of 14 Investigations and shall forward the report to the department. 15 Section 304. Investigation by department. 16 (a) Authority of department.-- 17 (1) To determine whether one or more of the conditions 18 in section 302(a)(2) through (6) exists, the department is 19 authorized to conduct investigations of any owner or operator 20 of a municipal waste transportation vehicle in Pennsylvania 21 or any related party to the owner or operator. This 22 investigation shall be conducted in accordance with this 23 section and with the rules or regulations promulgated 24 pursuant to this act. 25 (2) Each criminal justice agency shall forward any 26 criminal history record information, intelligence information 27 and investigative information maintained by the agency to the 28 department, without charge, upon the request of the 29 department within 90 days after such request. All records 30 obtained by the department under this paragraph shall be 19900H2643B3659 - 14 -
1 treated as confidential in accordance with the Criminal 2 History Record Information Act. 3 (3) State government officials shall provide the 4 department with such information and assistance as the 5 department requires to carry out any investigations under 6 this section, including, but not limited to, records 7 certified by the Department of Transportation related to 8 vehicle safety, operator performance and certified records of 9 convictions under the Vehicle Code. All such information or 10 records of convictions shall be admissible in any proceeding 11 or appeal of an order issued under this act. 12 (b) Procedures authorized.--In any investigation conducted 13 under this section, the department is authorized: 14 (1) to issue, and cause to be served on any person that 15 is the subject of any investigation under this section, or 16 any related party to the person that is the subject of an 17 investigation under this section, investigative 18 interrogatories requiring that the person answer questions 19 under oath and produce material for examination. However, no 20 interrogatory shall contain any requirement which would be 21 unreasonable if contained in a subpoena duces tecum issued in 22 aid of a grand jury investigation or require the production 23 of any documentary evidence which would be otherwise 24 privileged from disclosure if demanded by a subpoena duces 25 tecum issued in aid of a grand jury investigation; and 26 (2) to issue subpoenas to require the attendance and 27 testimony of witnesses under oath before the secretary or his 28 designee and the production of documentary evidence relative 29 to any investigation under this section, and to cause such 30 subpoenas to be served upon the witnesses. All subpoenas 19900H2643B3659 - 15 -
1 shall be issued by the secretary or his designee. 2 (c) Petition to modify or set aside.--Within 30 days after a 3 person is served with a subpoena or interrogatory under 4 subsection (b), the person who has been served with the 5 interrogatory or subpoena may file with the Environmental 6 Hearing Board a petition for an order modifying or setting aside 7 the interrogatory or subpoena. The Environmental Hearing Board 8 shall hold a hearing on the petition within six business days 9 after the petition is filed with the board and shall issue a 10 decision on the petition within six business days after it holds 11 the hearing. The Environmental Hearing Board may allow the 12 subpoena or interrogatory to stand as issued, or may modify or 13 set aside the subpoena or interrogatory. The time allowed for 14 compliance with the interrogatory or subpoena shall not run 15 during the pendency of this petition. The petition shall specify 16 each ground upon which the petitioner relies in seeking relief, 17 and may be based upon any failure of the interrogatory or 18 subpoena to comply with the provisions of this section or upon 19 any constitutional or other legal right or privilege of the 20 petitioner. In this proceeding, the department shall establish 21 the existence of an investigation pursuant to this section and 22 the general nature and subject matter of the investigation. 23 (d) Status of information.--All information submitted to the 24 department on a disclosure statement and all information 25 collected by the department or the State police pursuant to an 26 investigation under this act shall be privileged and not subject 27 to disclosure until the department completes the investigation. 28 (e) Certain matters not a defense.--It shall not be a 29 defense to the use of investigative authority by the department 30 under this section that the use may produce information relevant 19900H2643B3659 - 16 -
1 to section 302(a)(1) so long as the use is related to securing 2 information relevant to any other ground or grounds upon which 3 the department may take an action under section 302. 4 (f) Duty of owners and operators.--All owners or operators 5 of municipal waste transportation vehicles shall have the 6 continuing duty to provide any assistance or information 7 requested by the department or the State police and to cooperate 8 in any inquiry, investigation or hearing conducted under this 9 section or section 303 by the department or the State police. 10 Owners or operators of municipal waste transportation vehicles 11 shall also supply physical evidence, including fingerprints and 12 handwriting samples of any individual required to be listed on 13 the disclosure statement, in a manner required by the department 14 and the State police. If, upon issuance of a formal request by 15 the department or the Pennsylvania State Police to answer any 16 inquiry or produce information, evidence or testimony, any owner 17 or operator of a municipal waste transportation vehicle refuses 18 to comply, the department may issue an order prohibiting or 19 restricting the transportation of municipal waste in every 20 municipal waste transportation vehicle owned or operated by that 21 person. 22 CHAPTER 5 23 ENFORCEMENT 24 Section 501. Public nuisances. 25 Any violation of any provision of this act, any rule or 26 regulation promulgated thereunder, or any order issued pursuant 27 thereto shall constitute a public nuisance. Any person 28 committing such a violation shall be liable for the costs of 29 abatement of any pollution and any public nuisance caused by 30 such violation. Any court of competent jurisdiction is hereby 19900H2643B3659 - 17 -
1 given jurisdiction over actions to recover the costs of such 2 abatement. 3 Section 502. Enforcement orders. 4 In addition to orders under section 302, the department may 5 issue orders to such persons as it deems necessary to aid in the 6 enforcement of the provisions of this act. These orders may 7 include, but not be limited to, orders requiring persons to 8 cease unlawful activities in the transportation of municipal 9 waste. 10 Section 503. Duty to comply with orders. 11 It shall be the duty of any person to comply with any order 12 issued pursuant to this act. If a person fails to proceed 13 diligently, or fails to comply with the order within such time, 14 if any, as may be specified, the person shall be punished by the 15 court in an appropriate manner. For this purpose, application 16 may be made by the department to the Commonwealth Court, which 17 court is hereby granted jurisdiction to enforce any order issued 18 under this act. 19 Section 504. Restraining violations. 20 (a) Equity actions.--In addition to other remedies provided 21 in this act, department may institute a suit in equity in the 22 name of the Commonwealth where a violation of law or nuisance 23 exists for an injunction to restrain a violation of this act or 24 the rules, regulations, standards or orders adopted or issued 25 thereunder and to restrain the maintenance or threat of a public 26 nuisance. In any such proceeding, the court shall, upon motion 27 of the Commonwealth, issue a prohibitory or mandatory 28 preliminary injunction if it finds that the defendant is 29 engaging in unlawful conduct as defined by this act or is 30 engaged in conduct which is causing immediate and irreparable 19900H2643B3659 - 18 -
1 harm to the public. The Commonwealth shall not be required to 2 furnish bond or other security in connection with these 3 proceedings. In addition to an injunction, the court, in equity 4 proceedings, may levy civil penalties as specified in section 5 505. 6 (b) Remedies cumulative.--The penalties and remedies 7 prescribed in this act shall be deemed concurrent, and the 8 existence of any remedy shall not prevent the department from 9 exercising any other remedy hereunder, at law or in equity. 10 (c) Jurisdiction.--Actions instituted under this section may 11 be filed in the appropriate court of common pleas or in the 12 Commonwealth Court, which courts are hereby granted jurisdiction 13 to hear such actions. 14 Section 505. Penalties. 15 (a) Civil penalty.--In addition to proceeding under any 16 other remedy available at law or in equity for a violation of 17 any provision of this act, any rule or regulation of the 18 department or any order of the department, the department may 19 assess a civil penalty upon a person for such violation. When 20 the department proposes to assess a civil penalty, it shall 21 inform the person of the proposed amount of the penalty. The 22 person charged with the penalty shall then have 30 days to pay 23 the proposed penalty in full. If the person wishes to contest 24 either the fact of the violation or the amount of the penalty, 25 that person shall either forward the proposed amount to the 26 department for placement in an escrow account with the State 27 Treasurer or with a bank in this Commonwealth or post an appeal 28 bond in the amount of the penalty. The bond must be executed by 29 a surety licensed to do business in this Commonwealth and must 30 be satisfactory to the department. If, through administrative or 19900H2643B3659 - 19 -
1 judicial review of the proposed penalty, it is determined that 2 no violation occurred or that the amount of the penalty shall be 3 reduced, the department shall, within 30 days, remit the 4 appropriate amount to the person, with any interest accumulated 5 by the escrow deposit. Failure to forward the money or the 6 appeal bond to the department within 30 days shall result in a 7 waiver of all legal rights to contest the violation or the 8 amount of the penalty. The maximum civil penalty which may be 9 assessed pursuant to this section is $10,000 per offense. 10 (b) Summary offense.--Any person who violates any provision 11 of this act, any rule or regulation promulgated pursuant hereto 12 or the terms or conditions of any order issued pursuant hereto, 13 except an order issued pursuant to section 302, commits a 14 summary offense punishable by a fine of not less than $100 and 15 not more than $1,000 and costs and, in default of the payment of 16 such fines and costs, to undergo imprisonment for not more than 17 30 days. 18 (c) Misdemeanor.--Any person who violates the terms or 19 conditions of an order issued pursuant to section 302, or who, 20 within two years of a conviction for any violation of this act, 21 violates any provision of this act, the rules and regulations 22 promulgated pursuant hereto, or the terms or conditions of any 23 order issued pursuant hereto, commits a misdemeanor of the third 24 degree punishable by a fine of not less than $1,000 but not more 25 than $10,000 per day for each violation or to imprisonment for a 26 period of not more than one year, or both. 27 (d) Separate offenses.--Each violation for each separate day 28 and each violation of any provision of this act, any regulation 29 promulgated hereunder, or the terms or conditions of any order 30 issued hereunder shall constitute a separate offense under this 19900H2643B3659 - 20 -
1 section. 2 (e) Contraband.--Any vehicle, equipment or conveyance used 3 for the transportation of municipal waste in violation of an 4 order issued under section 302 shall be deemed contraband and 5 shall be seized and forfeited to the department. The provisions 6 of law relating to the seizure, summary and judicial forfeiture, 7 and condemnation of intoxicating liquor shall apply to seizures 8 and forfeitures under this section. 9 Section 506. Unlawful conduct. 10 It shall be unlawful for any person to: 11 (1) Transport municipal waste in violation of any 12 provision of this act, the Solid Waste Management Act, the 13 Municipal Waste Planning, Recycling and Waste Reduction Act, 14 any rule or regulation promulgated thereunder, any order 15 issued hereunder, or any term or condition of any license or 16 permit issued hereunder. 17 (2) Cause or assist in the violation of any provision of 18 this act, any rule or regulation promulgated hereunder, or 19 any order issued hereunder. 20 (3) Accept municipal waste for disposal, processing, 21 storage or transportation from a vehicle covered by an order 22 issued under section 302. 23 Section 507. Enforcement of subpoenas. 24 (a) Application to Commonwealth Court.--Upon the failure of 25 any person who is subpoenaed pursuant to section 304 to obey the 26 command of the subpoena or to be sworn or affirmed or to 27 testify, application may be made to Commonwealth Court for the 28 enforcement of such subpoena. 29 (b) Decision.--The Commonwealth Court, after a hearing, may 30 make an adjudication of contempt or may issue another 19900H2643B3659 - 21 -
1 appropriate order. 2 CHAPTER 7 3 FEES AND EXPENSES 4 Section 701. Basic fee. 5 The department shall impose a nonrefundable fee of $100 per 6 vehicle upon owners or operators of municipal waste 7 transportation vehicles for the costs to the department and the 8 State police of collecting information and carrying out 9 investigations under this act. The Environmental Quality Board 10 may modify this fee by regulation. 11 Section 702. Reimbursement for expenses. 12 Persons subject to this act shall reimburse the department 13 for actual expenses incurred by the department and the State 14 police in collecting information and carrying out investigations 15 under this act beyond the expenses covered by the fee provided 16 for in section 701. 17 Section 703. Agreement with Pennsylvania State Police. 18 The department and the State police shall enter into a 19 cooperative agreement which provides that the department will 20 pay to the State police that portion of the fees collected under 21 this section that is necessary to cover the actual expenses of 22 the State police in carrying out its duties under section 303. 23 Section 704. Solid Waste Abatement Fund. 24 Except for those fees that are forwarded to the State police 25 under section 703, all fees collected by the department under 26 this chapter shall be paid into the Solid Waste Abatement Fund. 27 CHAPTER 11 28 MISCELLANEOUS PROVISIONS 29 Section 1101. Repeals. 30 The following acts and parts of acts are repealed insofar as 19900H2643B3659 - 22 -
1 they are inconsistent with this act: 2 Section 9121(d) and 9124 of Title 18 of the Pennsylvania 3 Consolidated Statutes are repealed insofar as they are 4 inconsistent with this act. 5 Section 1102. Effective date. 6 This act shall take effect immediately. E21L27DGS/19900H2643B3659 - 23 -