PRINTER'S NO. 3990
No. 2781 Session of 2000
INTRODUCED BY WANSACZ, GEORGE, BARD, BEBKO-JONES, BELFANTI, BLAUM, CAWLEY, M. COHEN, COLAFELLA, COSTA, DeLUCA, EVANS, FRANKEL, FREEMAN, GEIST, GORDNER, GRUCELA, HARHAI, HENNESSEY, JAMES, JOSEPHS, KAISER, LAUGHLIN, LEVDANSKY, LUCYK, MANDERINO, McCALL, McILHATTAN, McNAUGHTON, MELIO, MUNDY, PETRARCA, SHANER, SOLOBAY, SURRA, TANGRETTI, TIGUE, WALKO, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, SEPTEMBER 27, 2000
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 27, 2000
AN ACT 1 Providing for increased municipal control over the application 2 process for creation, expansion or modification of landfills 3 subject to an exception based on public need; establishing a 4 fee and bonding for vehicles that collect and transport 5 municipal and residual waste to certain municipal waste 6 disposal and processing facilities; and imposing penalties. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the Waste Control 11 and Transportation Act. 12 Section 2. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Department." The Department of Environmental Protection of 17 the Commonwealth and its authorized representatives.
1 "Facility." A municipal waste landfill, 2 construction/demolition waste landfill, resource recovery 3 facility or commercial residual waste disposal facility. 4 "Gross vehicle weight." The combined weight of a vehicle or 5 combination of vehicles and its load, excluding the driver's 6 weight. 7 "Hazardous waste." Any garbage, refuse, sludge from an 8 industrial or other waste water treatment plant, sludge from a 9 water supply treatment plant or air pollution control facility 10 and other discarded material including solid, liquid, semisolid 11 or contained gaseous material resulting from municipal, 12 commercial, industrial, institutional, mining, or agricultural 13 operations, and from community activities, or any combination of 14 the above, but does not include solid or dissolved material in 15 domestic sewage, or solid or dissolved materials in irrigation 16 return flows or industrial discharges which are point sources 17 subject to permits under § 402 of the Federal Water Pollution 18 Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.) or source, 19 special nuclear, or by-product material as defined by the Atomic 20 Energy Act of 1954, (68 Stat. 921, 42 U.S.C. § 2011 et seq.), 21 which because of its quantity, concentration, or physical, 22 chemical or infectious characteristics may: 23 (1) cause or significantly contribute to an increase in 24 mortality or an increase in morbidity in either an individual 25 or the total population; or 26 (2) pose a substantial present or potential hazard to 27 human health or the environment when improperly treated, 28 stored, transported, disposed of or otherwise managed. 29 The term shall not include coal refuse as defined in the act of 30 September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse 20000H2781B3990 - 2 -
1 Disposal Control Act. The term shall not include treatment 2 sludges from coal mine drainage treatment plants, disposal of 3 which is being carried on pursuant to and in compliance with a 4 valid permit issued pursuant to the act of June 22, 1937 5 (P.L.1987, No.394), known as The Clean Streams Law. 6 "Host municipality." The city, borough, incorporated town, 7 township or home rule municipality within which a facility is 8 located or is to be located. 9 "Municipal waste." Any garbage, refuse, industrial lunchroom 10 or office waste and other material including solid, liquid, 11 semisolid or contained gaseous material resulting from operation 12 of residential, municipal, commercial or institutional 13 establishments and from community activities and any sludge not 14 meeting the definition of residual or hazardous waste under this 15 section from a municipal, commercial or institutional water 16 supply treatment plant, waste water treatment plant or air 17 pollution control facility. 18 "Municipal waste landfill." Any facility that is designed, 19 operated or maintained for the disposal of municipal waste, 20 whether or not such facility possesses a permit from the 21 department under the act of July 7, 1980 (P.L.380, No.97), known 22 as the Solid Waste Management Act. The term shall not include 23 any facility that is used exclusively for disposal of 24 construction/demolition waste or sludge from sewage treatment 25 plants or water supply treatment plants. 26 "Permit application." An application filed with the host 27 municipality for the creation, expansion or modification of a 28 facility. 29 "Region." The geographical area designated by the Department 30 of Environmental Protection for each of its regional field 20000H2781B3990 - 3 -
1 operations. 2 "Residual waste." Any garbage, refuse, other discarded 3 material or other waste, including solid, liquid, semisolid or 4 contained gaseous materials resulting from industrial, mining 5 and agricultural operations and any sludge from an industrial, 6 mining or agricultural water supply treatment facility, waste 7 water treatment facility or air pollution control facility, 8 provided that it is not hazardous. The term shall not include 9 coal refuse as defined in the act of September 24, 1968 10 (P.L.1040, No.318), known as the Coal Refuse Disposal Control 11 Act. The term shall not include treatment sludges from coal mine 12 drainage treatment plants, disposal of which is being carried on 13 pursuant to and in compliance with a valid permit issued 14 pursuant to the act of June 22, 1937 (P.L.1987, No.394), known 15 as The Clean Streams Law. 16 "Resource recovery facility." A processing facility that 17 provides for the extraction and utilization of materials or 18 energy from municipal waste that is generated offsite, 19 including, but not limited to, a facility that mechanically 20 extracts materials from municipal waste, a combustion facility 21 that converts the organic fraction of municipal waste to usable 22 energy, and any chemical and biological process that converts 23 municipal waste into a fuel product. The term also includes any 24 facility for the combustion of municipal waste that is generated 25 offsite, whether or not the facility is operated to recover 26 energy. The term does not include: 27 (1) Any composting facility. 28 (2) Methane gas extraction from a municipal waste 29 landfill. 30 (3) Any separation and collection center, drop-off point 20000H2781B3990 - 4 -
1 or collection center for recycling, or any source separation 2 or collection center for composting leaf waste. 3 (4) Any facility, including all units in the facility, 4 with a total processing capacity of less than 50 tons per 5 day. 6 "Secretary." The Secretary of Environmental Protection of 7 the Commonwealth. 8 "Semitrailer." A trailer so constructed that some part of 9 its weight rests upon or is carried by the towing vehicle. 10 "Solid Waste Management Act." The act of July 7, 1980 11 (P.L.380, No.97), known as the Solid Waste Management Act. 12 "Substantially affected municipality." A municipality that 13 is either: 14 (1) adjacent to the community within which the facility 15 is or shall be located; or 16 (2) located along an immediate approach route within two 17 miles of the regulated facility. 18 "Transporter." The owner of a semitrailer used for the 19 transportation of municipal or residual waste. 20 Section 3. Municipal control. 21 (a) Denial of permits.--The governing body of a host 22 municipality may deny any permit application for a facility 23 located in that municipality, except as provided in subsections 24 (b) and (c). 25 (b) Ratification by substantially affected municipalities.-- 26 (1) In the event that a host municipality approves a 27 permit application for the creation, expansion or 28 modification of a facility, each substantially affected 29 municipality shall, by resolution, accept or reject the host 30 municipality's approval decision within 30 days of the 20000H2781B3990 - 5 -
1 approval. 2 (2) A substantially affected municipality's failure to 3 formally accept or reject the host municipality's approval 4 decision within 30 days shall be construed as a ratification 5 of the host municipality's approval. 6 (3) If a majority of the substantially affected 7 municipalities reject the host municipality's approval 8 decision, the host municipality shall within 60 days either 9 change or reaffirm its decision. If the host municipality 10 changes its decision from approval of the permit application 11 to a denial of the application, the host municipality's new 12 decision is binding, except as provided in subsection (c). If 13 the host municipality reaffirms its approval of the permit 14 application after rejection of that decision by a majority of 15 substantially affected municipalities, the question of 16 whether to approve the permit application shall be submitted 17 to a referendum of the electorate of the host municipality 18 and each substantially affected municipality. 19 (4) (i) The referendum shall be conducted at the next 20 primary or general municipal election occurring not 21 less than 60 days following a host municipality's 22 reaffirmation of its approval. The outcome of the 23 referendum shall be binding upon the host 24 municipality. 25 (ii) The form of the referendum question shall be 26 substantially as follows: 27 Do you favor the approval of the (name of 28 operator) permit application for the (creation, 29 expansion or modification) of the (name of 30 facility) facility, located in (name of 20000H2781B3990 - 6 -
1 municipality)? 2 (iii) If a majority of the aggregate votes from the 3 referendum are in favor of approving the permit 4 application, the permit application shall be granted. 5 (iv) If a majority of the aggregate votes from the 6 referendum are against approving the permit application, 7 the permit application shall be denied, except as 8 provided in subsection (c). 9 (c) Exception for public need.-- 10 (1) The host municipality may not deny the permit 11 application of a facility located in the municipality if the 12 department determines that a public need for the additional 13 capacity proposed by the permit application exists. The 14 department shall determine the public need for additional 15 capacity at least every three years by totaling the available 16 disposal capacity within that region. If the total disposal 17 capacity within that region is at or below the two-year 18 capacity, the department may issue a certificate of public 19 need which shall override any host municipality determination 20 in regard to that permit application. 21 (2) The department may issue permits within that region 22 until such time as the permitted capacity within that region 23 reaches the seven-year capacity. 24 (3) (i) If the department determines to issue a 25 certificate of public need under this subsection, the 26 department shall conduct at least one public hearing in 27 the host municipality before the permit is finally 28 approved. The public hearing shall be scheduled with at 29 least 30 days' public notice prior to the hearing date. 30 The public notice shall be in the form of an 20000H2781B3990 - 7 -
1 advertisement in a newspaper of general circulation 2 throughout the host municipality and any substantially 3 affected municipality. The department shall also provide 4 a comment period of at least 30 days prior to the hearing 5 and at least 60 days after the hearing date during which 6 it accepts written comments on the permit application. 7 (ii) At the public hearing, the department shall 8 present information, including, but not limited to, the 9 following: 10 (A) The nature of the proposed facility. 11 (B) The site of the proposed facility or 12 expanded facility. 13 (C) The potential generators of waste. 14 (D) The life expectancy of the proposed facility 15 or expansion of an existing facility. 16 (E) An explanation of the host municipality's 17 and substantially affected municipality's rights with 18 regard to abatement of nuisances at the facility, 19 including, but not limited to, traffic problems, 20 litter, odors, noise, dust or other nuisances that 21 may emanate from the facility. 22 Section 4. Transporter program. 23 (a) Written authorization required.--It shall be unlawful 24 for a transporter to transport municipal or residual waste to a 25 facility in this Commonwealth on a vehicle or combination of 26 vehicles that exceeds 56,000 pounds gross vehicle weight unless 27 the transporter has obtained a written authorization from the 28 department under this section. A combination of vehicles shall 29 include the tractor and semitrailer. 30 (b) One-time application fee.--The initial application for a 20000H2781B3990 - 8 -
1 written authorization submitted by the transporter shall be 2 accompanied by a one-time application fee of $1,000 per vehicle. 3 (c) Vehicle and weight fee.--The initial application and 4 each annual submission to the department shall be accompanied by 5 a fee based on the number of vehicles and gross vehicle weight 6 of the vehicles owned by the transporter that are subject to 7 this section, as follows: 8 (1) Combination of vehicles licensed for 56,000-64,000 9 pounds gross vehicle weight - $1,500 per vehicle. 10 (2) Combination of vehicles licensed for 64,001-74,000 11 pounds gross vehicle weight - $2,500 per vehicle. 12 (3) Combination of vehicles licensed for more than 13 74,000 pounds gross vehicle weight - $5,000 per vehicle. 14 (d) Semitrailer stickers.--The department shall provide the 15 transporter with two stickers for each semitrailer indicating 16 the transporter's authorization number and authorization 17 expiration date. One sticker shall be displayed prominently on 18 the left front bulkhead, and the other sticker shall be 19 similarly displayed on the back of the semitrailer used to 20 transport the waste. Each tractor used in combination with the 21 semitrailer shall carry a copy of the written authorization 22 issued by the department to the transporter. 23 (e) Term of written authorization.--The written 24 authorization shall be valid for a maximum of one year. The fees 25 established in subsection (c) shall be paid to the department by 26 July 1 of each year, at which point the department shall renew 27 the authorization in writing and shall issue updated stickers. 28 Section 5. Collateral bond required. 29 (a) General rule.--Prior to the issuance of a written 30 authorization under section 4 for the transportation of 20000H2781B3990 - 9 -
1 municipal or residual waste, the applicant for the written 2 authorization shall file with the department a collateral bond 3 on a form prescribed and furnished by the department. The 4 department may waive the bonding requirement for municipalities 5 that are transporters upon written request from the 6 municipality. 7 (b) Conditions.--The bond shall be payable to the 8 Commonwealth and conditioned upon compliance by the transporter 9 with this act, the Solid Waste Management Act, rules, 10 regulations and orders of the department and the terms and 11 conditions of the written authorization. 12 (c) Amount of bond.--The amount of the bond shall be in an 13 amount determined by the secretary and shall be based upon the 14 number of semitrailers a transporter uses under section 4(c), 15 but shall not be less than $10,000. 16 (d) Additional amount.--The department may require 17 additional bond amounts if the department determines such 18 additional amounts are necessary to guarantee compliance. 19 (e) Alternate security.--The transporter may elect to 20 deposit cash or automatically renewable irrevocable letters of 21 credit which are terminable only upon 90 days' written notice to 22 the transporter and the department, or negotiable bonds of the 23 United States Government or the Commonwealth of Pennsylvania, 24 the Pennsylvania Turnpike Commission, the Department of General 25 Services, the State Public School Building Authority, or any 26 municipality within this Commonwealth. No corporate surety bond 27 may be used to satisfy this subsection. The cash amount of such 28 deposit, irrevocable letters of credit or market value of such 29 securities shall be equal at least to the sum of the bond. 30 (f) Deposit.--The secretary shall, upon receipt of any such 20000H2781B3990 - 10 -
1 deposit of cash or negotiable bonds, immediately place the same 2 with the State Treasurer, whose duty it shall be to receive and 3 hold the same in the name of the Commonwealth, in trust, for the 4 purposes for which the deposit is made. The State Treasurer 5 shall, at all times, be responsible for the custody and 6 safekeeping of such deposits. 7 (g) Rights of transporter.-- 8 (1) The transporter making the deposit shall be entitled 9 from time to time to demand and receive from the State 10 Treasurer, on the written order of the secretary, the whole 11 or any portion of any collateral so deposited, upon 12 depositing with the State Treasury, in lieu thereof, other 13 collateral of the classes specified in this subsection having 14 a market value at least equal to the sum of the bond, and 15 also to demand, receive and recover the interest and income 16 from the negotiable bonds as they become due and payable. 17 (2) Where negotiable bonds are deposited, mature or are 18 called, the State Treasurer, at the request of the 19 transporter, shall convert the negotiable bonds into other 20 negotiable bonds of the classes specified in this subsection 21 as may be designated by the transporter. 22 (h) Termination of letter of credit.--Where notice of intent 23 to terminate a letter of credit is given, the department shall, 24 after 30 days' written notice to the transporter and in the 25 absence of a replacement of the letter of credit within the 30- 26 day period by the transporter with other acceptable bond 27 guarantees provided under this section, draw upon and convert 28 the letter of credit into cash and hold it as a collateral bond 29 guarantee. Liability under the bond shall be for the duration of 30 the written authorization and for a period of one year after the 20000H2781B3990 - 11 -
1 expiration of the written authorization. 2 Section 6. Transporter or agent noncompliance. 3 (a) General rule.--The department may deny, suspend, modify 4 or revoke any written authorization issued under section 4 if it 5 finds that: 6 (1) The transporter or its agent has failed or continues 7 to fail to comply with any provision of: 8 (i) this act; 9 (ii) the Solid Waste Management Act; 10 (iii) the act of July 28, 1988 (P.L.556, No.101), 11 known as the Municipal Waste Planning, Recycling and 12 Waste Reduction Act; 13 (iv) the act of June 22, 1937 (P.L.1987, No.394), 14 known as the Clean Streams Law; 15 (v) the act of January 8, 1960 (1959 P.L.2119, 16 No.787), known as the Air Pollution Control Act; 17 (vi) the act of November 26, 1978 (P.L.1375, 18 No.325), known as the Dam Safety and Encroachments Act; 19 (vii) any other Federal or State statute relating to 20 environmental protection or to the protection of the 21 public health, safety and welfare; 22 (viii) any rule or regulation of the department; 23 (ix) any order of the department; or 24 (x) any condition of any permit, license or other 25 written authorization issued by the department. 26 (2) The transporter has shown a lack of ability or 27 intention to comply with: 28 (i) any provision of this act; 29 (ii) any of the acts referred to in this subsection; 30 (iii) any rule or regulation of the department or 20000H2781B3990 - 12 -
1 order of the department; or 2 (iv) any condition of any permit or license issued 3 by the department as indicated by past or continuing 4 violations. 5 (b) Violation of act by corporate transporter.--In the case 6 of a corporate transporter, the department may deny the issuance 7 of a written authorization if the department finds that a 8 principal of the corporation was or is a principal of another 9 corporation that committed violations of this act. 10 (c) Revocation or modification of authorization.--A written 11 authorization issued under section 4 shall be revocable or 12 subject to modification or suspension at any time the department 13 determines that the solid waste transportation: 14 (1) Is being or has been conducted in violation of this 15 act, the Solid Waste Management Act or the rules or 16 regulations adopted pursuant to this act or the Solid Waste 17 Management Act. 18 (2) Creates a public nuisance. 19 (3) Creates a potential hazard to the public health, 20 safety and welfare or the environment. 21 (4) Was conducted pursuant to an authorization that was 22 not granted in accordance with law. 23 (d) Correction of noncompliance.-- 24 (1) Any person or municipality that has engaged in 25 unlawful conduct as defined in this act, the Solid Waste 26 Management Act or the Municipal Waste Planning, Recycling and 27 Waste Reduction Act or whose partner, associate, officer, 28 parent corporation, subsidiary corporation, contractor, 29 subcontractor or agent has engaged in such unlawful conduct 30 shall be denied a written authorization under this section 20000H2781B3990 - 13 -
1 unless the written authorization application demonstrates to 2 the satisfaction of the department that the unlawful conduct 3 has been corrected. 4 (2) Independent contractors and agents who operate under 5 the written authorization shall be subject to this section 6 and shall be jointly and severally liable, without regard to 7 fault, for violations of this act which occur during the 8 independent contractor's or agent's involvement in the course 9 of operations. 10 (e) Penalty.--A person who violates section 4 commits a 11 misdemeanor of the third degree and shall, upon conviction, for 12 the first offense, pay a penalty of not less than $5,000 nor 13 more than $10,000. Upon a second or a subsequent conviction for 14 a violation of section 4, a person commits a misdemeanor of the 15 second degree and shall, upon conviction, pay a penalty of not 16 less than $10,000 nor more than $25,000, and the court may order 17 the operating privilege of the vehicle operator to be suspended 18 for a period of up to one year or both. 19 (f) Deposit of fees and penalties.--All written 20 authorization fees, fines and penalties collected under this act 21 shall be paid into the Solid Waste Abatement Fund established 22 under section 701 of the Solid Waste Management Act and shall be 23 used for the purposes enumerated in that act. The fees may also 24 be used to implement the written authorization program and to 25 support efforts to inspect vehicles used to transport municipal 26 and residual waste. 27 (g) Forfeiture of semitrailers.--A semitrailer used in 28 commission of an offense under this act shall be deemed 29 contraband and may be forfeited to the department. The 30 provisions of law relating to seizure, summary and judicial 20000H2781B3990 - 14 -
1 forfeiture and condemnation of intoxicating liquor shall apply 2 to seizures and forfeitures under this section. Proceeds from 3 the sale of forfeited semitrailers shall be deposited in the 4 Solid Waste Abatement Fund. 5 Section 7. Effective date. 6 This act shall take effect in 60 days. H14L27BIL/20000H2781B3990 - 15 -