PRINTER'S NO. 191
No. 190 Session of 2003
INTRODUCED BY BOSCOLA, LAVALLE, COSTA, RAFFERTY, RHOADES,
KITCHEN AND O'PAKE, FEBRUARY 5, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 5, 2003
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," adding
18 definitions; and further providing for submission of plans
19 and permits, for permits and licenses required, for granting
20 of permits and licenses and for bonds.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 103 of the act of July 7, 1980 (P.L.380,
24 No.97), known as the Solid Waste Management Act, is amended by
25 adding definitions to read:
26 Section 103. Definitions.
1 The following words and phrases when used in this act shall
2 have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 * * *
5 "Affected municipality." A municipality within one mile of a
6 proposed municipal waste landfill, that is on an approach route
7 to a municipal waste landfill regulated by this act, or that is
8 otherwise adversely impacted by a facility.
9 * * *
10 "Host municipality." The municipality other than the county
11 within which a municipal waste landfill is located or is
12 proposed to be located.
13 * * *
14 Section 2. Sections 502 and 503 of the act are amended by
15 adding subsections to read:
16 Section 502. Permit and license application requirements.
17 * * *
18 (d.1) The application shall include all records, reports,
19 information and dispositions relating to violations of 75
20 Pa.C.S. Pt. IV (relating to vehicle characteristics). Such
21 information shall be considered by the department when
22 considering an application under this section.
23 * * *
24 Section 503. Granting, denying, renewing, modifying, revoking
25 and suspending permits and licenses.
26 * * *
27 (b.1) No permit shall be issued for the siting of a new
28 municipal waste landfill or the expansion of an existing
29 municipal waste landfill in a municipality where a referendum
30 has been conducted pursuant to section 504.1 (relating to
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1 referendum on siting of municipal waste landfills or expansion
2 of existing municipal waste landfills) and the electorate has
3 voted against the siting of a new municipal waste landfill or
4 the expansion of an existing municipal waste landfill.
5 * * *
6 (c.1) In carrying out the provisions of this act, the
7 department may deny, suspend, modify, or revoke any permit or
8 license if it finds that the applicant, permittee or licensee
9 has failed or continues to fail to comply with the provisions of
10 75 Pa.C.S. Pt. IV (relating to vehicle characteristics).
11 * * *
12 (f) (1) Any permit issued under this act for the operation
13 of a municipal waste landfill shall be issued for a fixed term
14 consistent with the approved operation and design plans of a
15 municipal waste landfill and not to exceed ten years. No
16 municipal waste may be disposed of or processed at such a
17 landfill after the expiration of the permit term. Expiration of
18 the permit term shall not limit the operator's responsibility
19 for complying with requirements under this act, the
20 environmental protection acts, regulations thereunder or the
21 terms or conditions of its permits.
22 (2) The department shall, from time to time, but at
23 intervals not to exceed two years, review a permit issued to a
24 municipal waste landfill under this act. In its review, the
25 department shall evaluate the permit to determine whether it
26 reflects currently applicable operating requirements as well as
27 current technology and management practices. The department may
28 require modification, suspension or revocation of the permit
29 when necessary to carry out the purposes of this act or the
30 environmental protection acts.
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1 Section 3. The act is amended by adding a section to read:
2 Section 504.1. Referendum on siting of municipal waste
3 landfills or expansion of existing municipal
4 waste landfills.
5 (a) Prior to the approval of an application for a permit to
6 operate a municipal waste landfill or a permit to expand an
7 existing municipal waste landfill's capacity by the governing
8 body or the department, the county board of elections shall
9 conduct a binding referendum in the host municipality and all
10 affected municipalities. The department shall not issue such a
11 permit if a majority of the municipalities participating in the
12 referendum reject the proposed siting or expansion by a majority
13 vote of the electors in each municipality.
14 (b) The binding referendum shall be conducted at the first
15 primary, municipal or general election occurring at least 60
16 days after the department has notified the host county that it
17 has received an application for a permit to operate a municipal
18 waste landfill or to expand the capacity of an existing
19 facility.
20 (c) The results of the binding referendum shall be
21 transmitted to the department, the governing body of the county,
22 the host municipality and all affected municipalities.
23 (d) Procedures under this section shall be in accordance
24 with the act of June 3, 1937 (P.L.1333, No.320), known as the
25 "Pennsylvania Election Code."
26 Section 4. Section 505 of the act, added July 11, 1990
27 (P.L.450, No.109), is amended to read:
28 Section 505. Bonds.
29 (a) With the exception of municipalities operating landfills
30 solely for municipal waste not classified hazardous, prior to
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1 the commencement of operations, the operator of a municipal or
2 residual waste processing or disposal facility or of a hazardous
3 waste storage, treatment or disposal facility for which a permit
4 is required by this section shall file with the department a
5 bond for the land affected by such facility on a form prescribed
6 and furnished by the department. Such bond shall be payable to
7 the Commonwealth and conditioned so that the operator shall
8 comply with the requirements of this act, the act of June 22,
9 1937 (P.L.1987, No.394), known as "The Clean Streams Law," the
10 act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
11 Mining Conservation and Reclamation Act," the act of January 8,
12 1960 (1959 P.L.2119, No.787), known as the "Air Pollution
13 Control Act," and the act of November 26, 1978 (P.L.1375,
14 No.325), known as the "Dam Safety and Encroachments Act." The
15 department may require additional bond amounts for the permitted
16 areas should such an increase be determined by the department to
17 be necessary to meet the requirements of this act. The amount of
18 the bond required shall be in an amount determined by the
19 secretary based upon the total estimated cost to the
20 Commonwealth of completing final closure according to the permit
21 granted to such facility and such measures as are necessary to
22 prevent adverse effects upon the environment; such measures
23 include but are not limited to satisfactory monitoring, post-
24 closure care, and remedial measures. The bond amount shall
25 reflect the additional cost to the Commonwealth which may be
26 entailed by being required to bring personnel and equipment to
27 the site. All permits shall be bonded for at least [$10,000]
28 $50,000. Liability under such bond shall be for the duration of
29 the operation, and for a period of up to [ten] 15 full years
30 after final closure of the permit site. Such bond shall be
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1 executed by the operator and a corporate surety licensed to do
2 business in the Commonwealth and approved by the secretary:
3 Provided, however, That the operator may elect to deposit cash,
4 certificates of deposit, automatically renewable irrevocable
5 letters of credit which are terminable only upon 90 days written
6 notice to the operator and the department, or negotiable bonds
7 of the United States Government or the Commonwealth of
8 Pennsylvania, the Pennsylvania Turnpike Commission, the General
9 State Authority, the State Public School Building Authority, or
10 any municipality within the Commonwealth, with the department in
11 lieu of a corporate surety. The cash amount of such deposit,
12 irrevocable letters of credit or market value of such securities
13 shall be equal at least to the sum of the bond. The secretary
14 shall, upon receipt of any such deposit of cash or negotiable
15 bonds, immediately place the same with the State Treasurer,
16 whose duty it shall be to receive and hold the same in the name
17 of the Commonwealth, in trust, for the purposes for which such
18 deposit is made. The State Treasurer shall at all times be
19 responsible for the custody and safekeeping of such deposits.
20 The operator making the deposit shall be entitled from time to
21 time to demand and receive from the State Treasurer, on the
22 written order of the secretary, the whole or any portion of any
23 collateral so deposited, upon depositing with him, in lieu
24 thereof, other collateral of the classes herein specified having
25 a market value at least equal to the sum of the bond, also to
26 demand, receive and recover the interest and income from said
27 negotiable bonds as the same becomes due and payable: Provided,
28 however, That where negotiable bonds, deposited as aforesaid,
29 mature or are called, the State Treasurer, at the request of the
30 permittee, shall convert such negotiable bonds into such other
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1 negotiable bonds of the classes herein specified as may be
2 designated by the permittee: And provided further, That where
3 notice of intent to terminate a letter of credit is given, the
4 department shall, after 30 days written notice to the operator
5 and in the absence of a replacement of such letter of credit
6 within such 30-day period by the operator with other acceptable
7 bond guarantees provided herein, draw upon and convert such
8 letter of credit into cash and hold it as a collateral bond
9 guarantee. In addition to criteria contained in department
10 regulations governing the adjustment of bond or trust amounts
11 and bond forfeiture, the department may require an operator to
12 deposit additional bond or trust amounts based on the compliance
13 history of the facility.
14 (a.1) The department may provide by regulation that the
15 amount of the bond required reflect the potential liabilities
16 and costs associated with the transportation of solid waste to a
17 facility.
18 (b) In the case of applications for permits where the
19 department determines that the operations are reasonably
20 anticipated to continue for a period of at least ten years from
21 the date of application, the operator may elect to deposit
22 collateral and file a collateral bond as provided in subsection
23 (a) according to the following phase deposit schedule. The
24 operator shall, prior to commencing operations, deposit
25 [$10,000] $50,000 or [25%] 50% of the amount of the bond
26 determined under subsection (a), whichever is greater. The
27 operator shall, thereafter, annually deposit 10% of the
28 remaining bond amount for a period of ten years. Interest
29 accumulated by such collateral shall become a part of the bond.
30 The department may require additional bonding at any time to
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1 meet the intent of subsection (a). The collateral shall be
2 deposited in trust, with the State Treasurer as provided in
3 subsection (a) or with a bank, selected by the department, which
4 shall act as trustee for the benefit of the Commonwealth,
5 according to rules and regulations promulgated hereunder, to
6 guarantee the operator's compliance with this act and the
7 statutes enumerated in subsection (a). The operator shall be
8 required to pay all costs of the trust. The collateral deposit,
9 or part thereof, shall be released of liability and returned to
10 the operator, together with a proportional share of accumulated
11 interest, upon the conditions of and pursuant to the schedule
12 and criteria for release provided in this act.
13 (c) The operator shall, prior to commencing operations on
14 any additional land exceeding the estimate made in the
15 application for a permit, file an additional application and
16 bond. Upon receipt of such additional application and related
17 documents and information as would have been required for the
18 additional land had it been included in the original application
19 for a permit and should all the requirements of this act be met
20 as were necessary to secure the permit, the secretary shall
21 promptly issue an amended permit covering the additional acreage
22 covered by such application, and shall determine the additional
23 bond requirement therefor.
24 (d) If the operator abandons the operation of a municipal or
25 residual waste processing or disposal facility or a hazardous
26 waste storage, treatment or disposal facility for which a permit
27 is required by this section or if the permittee fails or refuses
28 to comply with the requirements of this act in any respect for
29 which liability has been charged on the bond, the secretary
30 shall declare the bond forfeited and shall certify the same to
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1 the Department of Justice which shall proceed to enforce and
2 collect the amount of liability forfeited thereon, and where the
3 operation has deposited cash or securities as collateral in lieu
4 of a corporate surety, the secretary shall declare said
5 collateral forfeited and shall direct the State Treasurer to pay
6 said funds into the Waste Abatement Fund. Should any corporate
7 surety fail to promptly pay, in full, forfeited bond, it shall
8 be disqualified from writing any further surety bonds under this
9 act.
10 (e) Prior to the issuance of any license for the
11 transportation of hazardous waste, the applicant for a license
12 shall file with the department a collateral bond on a form
13 prescribed and furnished by the department. Such bond shall be
14 payable to the Commonwealth and conditioned upon compliance by
15 the licensee with every requirement of this act, rule and
16 regulation of the department, order of the department and term
17 and condition of the license. The amount of the bond required
18 shall be in an amount determined by the secretary, but in an
19 amount no less than [$10,000] $50,000. The department may
20 require additional bond amounts if the department determines
21 such additional amounts are necessary to guarantee compliance
22 with this act. The licensee may elect to deposit cash or
23 automatically renewable irrevocable letters of credit which are
24 terminable only upon 90 days written notice to the operator and
25 the department, or negotiable bonds of the United States
26 Government or the Commonwealth of Pennsylvania, the Pennsylvania
27 Turnpike Commission, the General State Authority, the State
28 Public School Building Authority, or any municipality within the
29 Commonwealth. No corporate surety bond is authorized by this
30 subsection. The cash amount of such deposit, irrevocable letters
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1 of credit, or market value of such securities shall be equal at
2 least to the sum of the bond. The secretary shall, upon receipt
3 of any such deposit of cash or negotiable bonds, immediately
4 place the same with the State Treasurer, whose duty it shall be
5 to receive and hold the same in the name of the Commonwealth, in
6 trust, for the purposes for which such deposit is made. The
7 State Treasurer shall at all times be responsible for the
8 custody and safekeeping of such deposits. The licensee making
9 the deposit shall be entitled from time to time to demand and
10 receive from the State Treasurer, on the written order of the
11 secretary, the whole or any portion of any collateral so
12 deposited, upon depositing with him, in lieu thereof, other
13 collateral of the classes herein specified having a market value
14 at least equal to the sum of the bond, also to demand, receive
15 and recover the interest and income from said negotiable bonds
16 as the same becomes due and payable: Provided, however, That
17 where negotiable bonds, deposited as aforesaid, mature or are
18 called, the State Treasurer, at the request of the licensee,
19 shall convert such negotiable bonds into such other negotiable
20 bonds of the classes herein specified as may be designated by
21 the licensee: And provided further, That where notice of intent
22 to terminate a letter of credit is given, the department shall,
23 after 30 days written notice to the licensee and in the absence
24 of a replacement of such letter of credit within such 30-day
25 period by the licensee with other acceptable bond guarantees
26 provided herein, draw upon and convert such letter of credit
27 into cash and hold it as a collateral bond guarantee. Liability
28 under such bond shall be for the duration of the license and for
29 a period of one year after the expiration of the license.
30 (f) Notwithstanding any other provisions of this act, when
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1 an application for the land application of sewage sludge is made
2 by a municipality or a municipal authority, the filing of a bond
3 with the department shall not be required as a condition for
4 issuance of a permit to the municipality or municipal authority
5 for the application of the sewage sludge for land reclamation or
6 agricultural utilization purposes.
7 Section 5. This act shall take effect in 60 days.
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