PRINTER'S NO. 581
No. 528 Session of 1987
INTRODUCED BY FISHER, RHOADES, HELFRICK, REIBMAN, SHUMAKER, LEWIS, SCANLON, CORMAN, SALVATORE, LEMMOND, ROSS AND STAUFFER, MARCH 10, 1987
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 10, 1987
AN ACT 1 Providing for planning for the processing and disposal of 2 municipal waste; requiring counties to submit plans for 3 municipal waste management systems within their boundaries; 4 authorizing grants to counties and municipalities for 5 planning, resource recovery and recycling; imposing and 6 collecting fees; establishing certain rights for host 7 municipalities; imposing duties; granting powers to counties 8 and municipalities; authorizing the Environmental Quality 9 Board to adopt regulations; authorizing the Department of 10 Environmental Resources to implement this act; providing 11 remedies; prescribing penalties; establishing a fund; and 12 making repeals. 13 TABLE OF CONTENTS 14 Chapter 1. General Provisions 15 Section 101. Short title. 16 Section 102. Legislative findings; declaration of policy and 17 goals. 18 Section 103. Definitions. 19 Section 104. Construction of act. 20 Chapter 3. Powers and Duties 21 Section 301. Powers and duties of department. 22 Section 302. Powers and duties of Environmental Quality Board.
1 Section 303. Powers and duties of Environmental Hearing Board. 2 Section 304. Powers and duties of counties. 3 Section 305. Powers and duties of municipalities other than 4 counties. 5 Chapter 5. Municipal Waste Planning 6 Section 501. Schedule for submission of municipal waste 7 management plans. 8 Section 502. Content of municipal waste management plans. 9 Section 503. Development of municipal waste management plans. 10 Section 504. Failure to ratify plan. 11 Section 505. Review of municipal waste management plans. 12 Section 506. Contracts. 13 Section 507. Relationship between plans and permits. 14 Section 508. Studies. 15 Section 509. Best available technology. 16 Chapter 7. Resource Recovery Fee 17 Section 701. Resource recovery fee for municipal waste 18 landfills. 19 Section 702. Form and timing of resource recovery fee payment. 20 Section 703. Collection and enforcement of fee. 21 Section 704. Records. 22 Section 705. Surcharge. 23 Section 706. Resource Recovery Fund. 24 Chapter 9. Resource Recovery Grants 25 Section 901. Planning grants. 26 Section 902. Grants to counties for resource recovery 27 feasibility studies. 28 Section 903. Grants to public institutions for resource 29 recovery feasibility studies. 30 Section 904. Grants for project development for resource 19870S0528B0581 - 2 -
1 recovery facilities. 2 Section 905. Grants for development and implementation of 3 municipal recycling programs. 4 Section 906. Performance grants for municipal recycling 5 programs. 6 Chapter 11. Assistance to Municipalities 7 Section 1101. Information provided to host municipalities. 8 Section 1102. Joint inspections with host municipalities. 9 Section 1103. Water supply testing for contiguous landowners. 10 Section 1104. Water supply protection. 11 Section 1105. Purchase of cogenerated electricity. 12 Section 1106. Public Utility Commission. 13 Section 1107. Claims resulting from pollution occurrences. 14 Section 1108. Site-specific postclosure fund. 15 Section 1109. Trust fund for municipally operated landfills. 16 Chapter 13. Host Municipality Benefit Fee 17 Section 1301. Host municipality benefit fee. 18 Section 1302. Form and timing of host municipality benefit fee 19 payment. 20 Section 1303. Collection and enforcement of fee. 21 Section 1304. Records. 22 Section 1305. Surcharge. 23 Chapter 15. Enforcement and Remedies 24 Section 1501. Unlawful conduct. 25 Section 1502. Enforcement orders. 26 Section 1503. Restraining violations. 27 Section 1504. Civil penalties. 28 Section 1505. Criminal penalties. 29 Section 1506. Existing rights and remedies preserved; 30 cumulative remedies authorized. 19870S0528B0581 - 3 -
1 Section 1507. Production of materials; recordkeeping 2 requirements. 3 Section 1508. Withholding of State funds. 4 Section 1509. Collection of fines, fees, etc. 5 Section 1510. Right of citizen to intervene in proceedings. 6 Chapter 17. Miscellaneous Provisions 7 Section 1701. Severability. 8 Section 1702. Repeals. 9 Section 1703. Effective date. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 CHAPTER 1 13 GENERAL PROVISIONS 14 Section 101. Short title. 15 This act shall be known and may be cited as the Municipal 16 Waste Planning and Resource Recovery Act. 17 Section 102. Legislative findings; declaration of policy and 18 goals. 19 (a) Legislative findings.--The Legislature hereby 20 determines, declares and finds that: 21 (1) Improper municipal waste practices create public 22 health hazards, environmental pollution and economic loss, 23 and cause irreparable harm to the public health, safety and 24 welfare. 25 (2) Parts of this Commonwealth have inadequate and 26 rapidly diminishing processing and disposal capacity for 27 municipal waste. 28 (3) Virtually every county in this Commonwealth will 29 have to replace existing municipal waste processing and 30 disposal facilities over the next decade. 19870S0528B0581 - 4 -
1 (4) Needed additional municipal waste processing and 2 disposal facilities have not been developed in a timely 3 manner because of diffused responsibility for municipal waste 4 planning, processing and disposal among numerous and 5 overlapping units of local government. 6 (5) It is necessary to give counties the primary 7 responsibility to plan for the processing and disposal of 8 municipal waste generated within their boundaries to insure 9 the timely development of needed processing and disposal 10 facilities. 11 (6) Proper and adequate processing and disposal of 12 municipal waste generated within a county requires the 13 generating county to give first choice to new processing and 14 disposal sites located within that county. 15 (7) It is appropriate to provide those living near 16 municipal waste processing and disposal facilities with 17 additional guarantees of the proper operation of such 18 facilities and to provide incentives for municipalities to 19 host such facilities. 20 (8) Waste reduction and recycling are preferable to the 21 processing or disposal of municipal waste. 22 (9) Prompt payment and efficient collection of the 23 resource recovery fee created by this act are essential to 24 the administration of the resource recovery and recycling 25 grants provided by this act. 26 (b) Purpose.--It is the purpose of this act to: 27 (1) Establish and maintain a cooperative State and local 28 program of planning and technical and financial assistance 29 for comprehensive municipal waste management. 30 (2) Encourage the development of waste reduction, 19870S0528B0581 - 5 -
1 recycling and resource recovery as a means of managing 2 municipal waste, conserving resources and supplying energy 3 through planning, grants and other incentives. 4 (3) Protect the public health, safety and welfare from 5 the short and long term dangers of transportation, 6 processing, treatment, storage and disposal of municipal 7 waste. 8 (4) Provide a flexible and effective means to implement 9 and enforce the provisions of this act. 10 (5) Utilize, wherever feasible, the capabilities of 11 private enterprise in accomplishing the desired objectives of 12 an effective, comprehensive solid waste management plan. 13 (6) Establish a resource recovery fee for municipal 14 waste landfills to provide grants for resource recovery, 15 recycling, planning and related purposes. 16 (7) Establish a host municipality benefit fee for 17 municipal waste landfills and resource recovery facilities 18 that are permitted after the effective date of this act so 19 that municipalities might consider encouraging such 20 facilities to be located within their boundaries, and provide 21 benefits to host municipalities for the presence of such 22 facilities. 23 (8) Establish a site-specific postclosure fee for 24 currently operating and future permitted municipal waste 25 landfills for remedial measures and emergency actions that 26 are necessary to prevent or abate adverse effects upon the 27 environment after the closure of such landfills. 28 (9) Establish trust funds for municipally operated 29 landfills to ensure that there are sufficient funds available 30 for completing the final closure of such landfills under the 19870S0528B0581 - 6 -
1 Solid Waste Management Act. 2 (10) Shift the primary responsibility for developing and 3 implementing municipal waste management plans from 4 municipalities to counties. 5 (c) Declaration of goals.--The General Assembly therefore 6 declares the following goals: 7 (1) At least 40% of all municipal waste generated in 8 this Commonwealth on and after January 1, 1997, should be 9 processed at resource recovery facilities. 10 (2) At least an additional 25% of all municipal waste 11 generated in this Commonwealth on and after January 1, 1997, 12 should be recycled by municipal recycling programs and other 13 recycling facilities. 14 Section 103. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Abatement." The restoration, reclamation, recovery, etc., 19 of a natural resource adversely affected by the activity of a 20 person. 21 "Commission." The Pennsylvania Public Utility Commission and 22 its authorized representatives. 23 "Department." The Department of Environmental Resources of 24 the Commonwealth and its authorized representatives. 25 "Disposal." The deposition, injection, dumping, spilling, 26 leaking or placing of solid waste into or on the land or water 27 in a manner that the solid waste or a constituent of the solid 28 waste enters the environment, is emitted into the air or is 29 discharged to the waters of this Commonwealth. 30 "Host municipality." The municipality other than the county 19870S0528B0581 - 7 -
1 within which a municipal waste landfill or resource recovery 2 facility is located or is proposed to be located. 3 "Management." The entire process, or any part thereof, of 4 storage, collection, transportation, processing, treatment and 5 disposal of solid wastes by any person engaging in such process. 6 "Municipal recycling program." A source separation and 7 collection program for recycling municipal waste, or a program 8 for designated drop-off points or collection centers for 9 recycling municipal waste, that is operated by or on behalf of a 10 municipality. The term includes any source separation and 11 collection program for composting yard waste that is operated by 12 or on behalf of a municipality. The term shall not include any 13 program for recycling demolition waste or sludge from sewage 14 treatment plants or water supply treatment plants. 15 "Municipal waste." Any garbage, refuse, industrial lunchroom 16 or office waste and other material, including solid, liquid, 17 semisolid or contained gaseous material, resulting from 18 operation of residential, municipal, commercial or institutional 19 establishments and from community activities and any sludge not 20 meeting the definition of residual or hazardous waste in the 21 Solid Waste Management Act from a municipal, commercial or 22 institutional water supply treatment plant, waste water 23 treatment plant or air pollution control facility. 24 "Municipal waste landfill." Any facility that is designed, 25 operated or maintained for the disposal of municipal waste, 26 whether or not such facility possesses a permit from the 27 department under the Solid Waste Management Act. The term shall 28 not include any facility that is used exclusively for disposal 29 of demolition waste or sludge from sewage treatment plants or 30 water supply treatment plants. 19870S0528B0581 - 8 -
1 "Municipality." A county, city, borough, incorporated town, 2 township or home rule municipality. 3 "Operator." A person engaged in solid waste processing or 4 disposal. Where more than one person is so engaged in a single 5 operation, all persons shall be deemed jointly and severally 6 responsible for compliance with the provisions of this act. 7 "Person." Any individual, partnership, corporation, 8 association, institution, cooperative enterprise, municipality, 9 municipal authority, Federal Government or agency, State 10 institution or agency (including, but not limited to, the 11 Department of General Services and the State Public School 12 Building Authority), or any other legal entity whatsoever which 13 is recognized by law as the subject of rights and duties. In any 14 provisions of this act prescribing a fine, imprisonment or 15 penalty, or any combination of the foregoing, the term "person" 16 shall include the officers and directors of any corporation or 17 other legal entity having officers and directors. 18 "Pollution." Contamination of any air, water, land or other 19 natural resources of this Commonwealth that will create or is 20 likely to create a public nuisance or to render the air, water, 21 land or other natural resources harmful, detrimental or 22 injurious to public health, safety or welfare, or to domestic, 23 municipal, commercial, industrial, agricultural, recreational or 24 other legitimate beneficial uses, or to livestock, wild animals, 25 birds, fish or other life. 26 "Processing." Any technology used for the purpose of 27 reducing the volume or bulk of municipal waste or any technology 28 used to convert part or all of such waste materials for offsite 29 reuse. Processing facilities include, but are not limited to, 30 transfer facilities, composting facilities and resource recovery 19870S0528B0581 - 9 -
1 facilities. 2 "Project development." Those activities required to be 3 conducted prior to constructing a resource recovery facility 4 that has been shown to be feasible, including, but not limited 5 to, public input and participation, siting, procurement and 6 vendor contract negotiations, and market and municipal waste 7 supply assurance negotiations. 8 "Recycling." The collection, separation, recovery and sale 9 or reuse of metals, glass, paper, plastics and other materials 10 which would otherwise be disposed as municipal waste. 11 "Remaining available permitted capacity." The remaining 12 permitted capacity that is actually available for processing or 13 disposal to the county or other municipality that generated the 14 waste. 15 "Remaining permitted capacity." The weight or volume of 16 municipal waste that can be processed or disposed at an existing 17 municipal waste processing or disposal facility. The term shall 18 include only weight or volume capacity for which the department 19 has issued a permit under the Solid Waste Management Act. The 20 term shall not include any facility that the department 21 determines, or has determined, has failed and continues to fail 22 to comply with the provisions of the Solid Waste Management Act, 23 and the regulations promulgated pursuant thereto, or any permit 24 conditions, unless and until the Environmental Hearing Board 25 issues a final adjudication voiding any final action by the 26 department based on that determination and such adjudication is 27 either affirmed on appeal or not appealed. 28 "Residual waste." Any garbage, refuse, other discarded 29 material or other waste, including solid, liquid, semisolid or 30 contained gaseous materials resulting from industrial, mining 19870S0528B0581 - 10 -
1 and agricultural operations and any sludge from an industrial, 2 mining or agricultural water supply treatment facility, waste 3 water treatment facility or air pollution control facility, 4 provided that it is not hazardous. The term shall not include 5 coal refuse as defined in the act of September 24, 1968 6 (P.L.1040, No.318), known as the Coal Refuse Disposal Control 7 Act. The term shall not include treatment sludges from coal mine 8 drainage treatment plants, disposal of which is being carried on 9 pursuant to and in compliance with a valid permit issued 10 pursuant to the act of June 22, 1937 (P.L.1987, No.394), known 11 as The Clean Streams Law. 12 "Resource recovery." The extraction and utilization from 13 municipal waste of materials or energy. The term includes, but 14 is not limited to, the operation of resource recovery facilities 15 or municipal recycling programs. 16 "Resource recovery facility." A facility that provides for 17 the extraction and utilization of materials or energy from 18 municipal waste, including, but not limited to, a facility that 19 mechanically extracts materials from municipal waste, a 20 combustion facility that converts the organic fraction of 21 municipal waste to usable energy, and any chemical and 22 biological process that converts municipal waste into a fuel 23 product or other usable materials. The term does not include 24 methane gas extraction from a municipal waste landfill, nor 25 shall it include any separation and collection center, drop-off 26 point or collection center for recycling municipal waste, or any 27 source separation or collection center for composting yard 28 waste. 29 "Resource recovery feasibility study." A study which 30 analyzes a specific resource recovery system to assess the 19870S0528B0581 - 11 -
1 likelihood that the system can be successfully implemented, 2 including, but not limited to, an analysis of the prospective 3 market, the projected costs and revenues of the system, the 4 municipal waste stream that the system will rely upon and 5 various options available to implement the system. 6 "Secretary." The Secretary of Environmental Resources of the 7 Commonwealth. 8 "Solid waste." Solid waste, as defined in the act of July 7, 9 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 10 "Solid Waste Abatement Fund." The fund created pursuant to 11 section 701 of the Solid Waste Management Act. 12 "Solid Waste Management Act." The act of July 7, 1980 13 (P.L.380, No.97). 14 "Storage." The containment of any municipal waste on a 15 temporary basis in such a manner as not to constitute disposal 16 of such waste. It shall be presumed that the containment of any 17 municipal waste in excess of one year constitutes disposal. This 18 presumption can be overcome by clear and convincing evidence to 19 the contrary. 20 "Transportation." The offsite removal of any municipal waste 21 at any time after generation. 22 "Treatment." Any method, technique or process, including, 23 but not limited to, neutralization, designed to change the 24 physical, chemical or biological character or composition of any 25 municipal waste so as to neutralize such waste or so as to 26 render such waste safer for transport, suitable for recovery, 27 suitable for storage or reduced in volume. 28 "Waste reduction." Design, manufacture or use of a product 29 to minimize weight of municipal waste that requires processing 30 or disposal, including: 19870S0528B0581 - 12 -
1 (1) design or manufacturing activities which minimize 2 the weight or volume of materials contained in a product, or 3 increase durability or recyclability; and 4 (2) use of products that contain as little material as 5 possible, are capable of being reused or recycled or have an 6 extended useful life. 7 Section 104. Construction of act. 8 (a) Liberal construction.--The terms and provisions of this 9 act are to be liberally construed, so as to best achieve and 10 effectuate the goals and purposes hereof. 11 (b) Para materia.--This act shall be construed in para 12 materia with the Solid Waste Management Act. 13 CHAPTER 3 14 POWERS AND DUTIES 15 Section 301. Powers and duties of department. 16 The department, in consultation with the Department of Health 17 regarding matters of public health significance, shall have the 18 power and its duty shall be to: 19 (1) Administer the municipal waste planning and resource 20 recovery program pursuant to the provisions of this act and 21 the regulations promulgated pursuant thereto. 22 (2) Cooperate with appropriate Federal, State, interstate 23 and local units of government and with appropriate private 24 organizations in carrying out its duties under this act. 25 (3) Provide technical assistance to municipalities, 26 including, but not limited to, the training of personnel. 27 (4) Initiate, conduct and support research, 28 demonstration projects and investigations, and coordinate all 29 State agency research programs pertaining to municipal waste 30 management systems. 19870S0528B0581 - 13 -
1 (5) Regulate municipal waste planning, including, but 2 not limited to, the development and implementation of county 3 municipal waste management plans. 4 (6) Approve, conditionally approve or disapprove 5 municipal waste management plans, issue orders, conduct 6 inspections and abate public nuisances to implement the 7 provisions and purposes of this act and the regulations 8 promulgated pursuant to this act. 9 (7) Serve as the agency of the Commonwealth for the 10 receipt of moneys from the Federal Government or other public 11 agencies or private agencies and expend such moneys for 12 studies and research with respect to, and for the enforcement 13 and administration of, the provisions and purposes of this 14 act and the regulations promulgated pursuant thereto. 15 (8) Institute, in a court of competent jurisdiction, 16 proceedings against any person to compel compliance with the 17 provisions of this act, any regulation promulgated pursuant 18 thereto, any order of the department, or the terms and 19 conditions of any approved municipal waste management plan. 20 (9) Institute prosecutions against any person under this 21 act. 22 (10) Appoint such advisory committees as the secretary 23 deems necessary and proper to assist the department in 24 carrying out the provisions of this act. The secretary is 25 authorized to pay reasonable and necessary expenses incurred 26 by the members of such advisory committees in carrying out 27 their functions. 28 (11) Encourage and, where the department determines it 29 is appropriate, require counties and other municipalities to 30 carry out their duties under this act, using the full range 19870S0528B0581 - 14 -
1 of incentives and enforcement authority provided in this act. 2 (12) Take any action not inconsistent with this act that 3 the department may deem necessary or proper to collect the 4 resource recovery fee provided by this act, and to insure the 5 payment of the host municipality benefit fee and the site- 6 specific postclosure fee and moneys for the trust fund for 7 municipally operated landfills provided by this act. 8 (13) Accept any solid waste management plan by a county, 9 solid waste management district or regional agency outside 10 Pennsylvania that has been developed and approved pursuant to 11 the applicable law of the state in which the county, district 12 or agency is located. Any such plan shall also comply with 13 sections 502(h) and 505(b)(6) for municipal waste to be 14 processed or disposed in Pennsylvania. 15 (14) Administer and distribute moneys in the Resource 16 Recovery Fund for any public educational programs on 17 recycling and waste reduction that the department believes to 18 be appropriate, for technical assistance to counties in the 19 preparation of municipal waste management plans, for 20 technical assistance to municipalities concerning recycling 21 and waste reduction, to conduct research, and for other 22 purposes consistent with this act. 23 (15) Do any and all other acts and things, not 24 inconsistent with any provision of this act, which it may 25 deem necessary or proper for the effective enforcement of 26 this act and the regulations promulgated pursuant thereto 27 after consulting with the Department of Health regarding 28 matters of public health significance. 29 Section 302. Powers and duties of Environmental Quality Board. 30 The Environmental Quality Board shall have the power and its 19870S0528B0581 - 15 -
1 duty shall be to adopt the regulations of the department to 2 accomplish the purposes and to carry out the provisions of this 3 act. 4 Section 303. Powers and duties of Environmental Hearing Board. 5 The Environmental Hearing Board shall have the power and its 6 duty shall be to hold hearings and issue adjudications on any 7 final action of the department according to the provisions of 8 the act of April 9, 1929 (P.L.177, No.175), known as The 9 Administrative Code of 1929 and 2 Pa.C.S. (relating to 10 administrative law and procedure). 11 Section 304. Powers and duties of counties. 12 (a) Primary responsibility of county.--Each county shall 13 have the power and its duty shall be to insure the availability 14 of adequate permitted processing and disposal capacity for the 15 municipal waste which is generated within its boundaries. As 16 part of this power, a county: 17 (1) May require all persons collecting or transporting 18 municipal waste within the county to obtain licenses for the 19 purpose of directing waste to facilities designated pursuant 20 to subsection (e). 21 (2) Shall have the power and duty to implement its 22 approved plan as it relates to the processing and disposal of 23 municipal waste generated within its boundaries. 24 (3) May plan for the processing and disposal of 25 municipal waste generated outside its boundaries and to 26 implement its approved plan as it relates to the processing 27 and disposal of such waste. 28 (b) Joint planning.--Any two or more counties may adopt and 29 implement a single municipal waste management plan for the 30 municipal waste generated within the combined area of the 19870S0528B0581 - 16 -
1 counties. 2 (c) Ordinances and resolutions.--In carrying out its duties 3 under this section, a county may adopt ordinances, resolutions, 4 regulations and standards for the processing and disposal of 5 municipal waste, which shall not be less stringent than, and not 6 in violation of or inconsistent with, the provisions and 7 purposes of the Solid Waste Management Act, this act and the 8 regulations promulgated pursuant thereto. 9 (d) Delegation of county responsibility.--A county may enter 10 into a written agreement with another municipality or municipal 11 authority pursuant to which the person undertakes to fulfill 12 some or all of the county's responsibilities under this act for 13 municipal waste planning and implementation of the approved 14 county plan. Any such person shall be jointly and severally 15 responsible with the county for municipal waste planning and 16 implementation of the approved county plan in accordance with 17 this act and the regulations promulgated pursuant thereto. 18 (e) Designated sites.--A county with an approved municipal 19 waste management plan that was submitted pursuant to section 20 501(a), (b) or (d) of this act is also authorized to require 21 that all municipal wastes generated within its boundaries shall 22 be processed or disposed at a designated processing or disposal 23 facility that is contained in the approved plan and that was 24 permitted by the department after July 1, 1986. No county shall 25 direct municipal waste that would otherwise be recycled to any 26 resource recovery facility or other facility for purposes other 27 than recycling such waste. 28 Section 305. Powers and duties of municipalities other than 29 counties. 30 (a) Responsibility of other municipalities.--Each 19870S0528B0581 - 17 -
1 municipality other than a county shall have the power and its 2 duty shall be to assure the proper and adequate transportation, 3 collection and storage of municipal waste which is generated 4 within its boundaries. As part of that power, municipalities 5 other than counties may adopt and implement programs for the 6 collection and recycling of municipal waste. 7 (b) Ordinances.--In carrying out its duties under this 8 section, a municipality other than a county may adopt 9 resolutions, ordinances, regulations and standards for the 10 transportation, storage and collection of municipal wastes, 11 which shall not be less stringent than, and not in violation of 12 or inconsistent with, the provisions and purposes of the Solid 13 Waste Management Act, this act and the regulations promulgated 14 pursuant thereto. 15 (c) Delegation of responsibility.--A municipality other than 16 a county may contract with any municipality or municipal 17 authority to carry out its duties for the transportation, 18 collection and storage of municipal waste, if the 19 transportation, collection or storage activity or facility is 20 conducted or operated in a manner that is consistent with the 21 Solid Waste Management Act, this act and the regulations 22 promulgated pursuant thereto. 23 (d) Designated sites.--A municipality other than a county 24 may require by ordinance that all municipal waste generated 25 within its jurisdiction shall be disposed of at a designated 26 permitted facility. Such ordinance shall remain in effect until 27 the county in which the municipality is located adopts a waste 28 flow control ordinance as part of a plan submitted to the 29 department pursuant to section 501(a), (b) or (d) and approved 30 by the department. Except as provided in section 502(n), any 19870S0528B0581 - 18 -
1 such county ordinance shall supersede any such municipal 2 ordinance to the extent that the municipal ordinance is 3 inconsistent with the county ordinance. 4 (e) Term and renewals of certain contracts.--The governing 5 body of a municipality shall have the power to, and may, enter 6 into contracts having an initial term of five years with 7 optional renewal periods of up to five years with persons 8 responsible for the collection or transportation of municipal 9 waste generated within the municipality. The provisions of this 10 subsection shall not apply to the disposal of municipal solid 11 waste. 12 CHAPTER 5 13 MUNICIPAL WASTE PLANNING 14 Section 501. Schedule for submission of municipal waste 15 management plans. 16 (a) Submission of plan.--Except as provided in subsections 17 (b) and (c), each county shall submit to the department within 18 two and one-half years of the effective date of this act an 19 officially adopted plan for a municipal waste management plan 20 for municipal waste generated within its boundaries. Such plan 21 shall be consistent with the requirements of this act. 22 (b) Request for alternative date.--A county may request the 23 department to establish an alternative date to that set forth in 24 subsection (a) if such request is received by the department no 25 later than 120 days from the effective date of this act. If the 26 department approves the request, the county's plan shall be 27 submitted to the department on the date stated in the 28 department's approval. Each such request, if approved, shall be 29 updated and submitted to the department for approval annually on 30 or before the date on which the department first approved the 19870S0528B0581 - 19 -
1 request. The department may not approve any request unless such 2 request: 3 (1) Identifies and describes the facilities where 4 municipal waste generated in the county is currently being 5 disposed of or processed, and the remaining available 6 permitted capacity of those facilities. 7 (2) Estimates the time before all remaining available 8 permitted capacity that can be included in this request will 9 be exhausted, and justifies such estimate. 10 (3) Proposes a date for initiating development of the 11 county's municipal waste management plan that is at least six 12 years before the time all remaining available permitted 13 capacity that can be included in this request will be 14 exhausted, and proposes a date for submitting the plan that 15 it is at least three years before all remaining available 16 permitted capacity that can be included in this request will 17 be exhausted. 18 (c) Existing plans.--A county that has submitted a complete 19 municipal waste management plan to the department for approval 20 on or before September 1, 1987, shall be deemed to have a plan 21 approved pursuant to section 505 if, on or before the effective 22 date of this act: 23 (1) The department has granted technical or preliminary 24 approval of such plan under 25 Pa. Code §§ 75.11 through 25 75.13. 26 (2) More than one-half of the municipalities within the 27 county, representing more than one-half of the county's 28 population as determined by the most recent decennial census 29 by the United States Bureau of the Census, have adopted 30 resolutions approving such plan. 19870S0528B0581 - 20 -
1 (d) Plan revisions.--Each county with an approved municipal 2 waste management plan shall submit a revised plan to the 3 department in accordance with the requirements of this act: 4 (1) At least three years prior to the time all remaining 5 available permitted capacity for the county will be 6 exhausted. 7 (2) For plans approved pursuant to subsection (c), 8 within two years of the effective date of this act. Such plan 9 revisions shall be consistent with the requirements of this 10 act except to the extent that the county demonstrates that 11 commitments made by or pursuant to the approved plan preclude 12 compliance with the requirements of this act. 13 (3) When otherwise required by the department. 14 (e) Procedure for considering plan revisions.--At least 30 15 days before submitting any proposed plan revision to the 16 department, the county shall submit a copy of the proposed 17 revision to the advisory committee established pursuant to 18 section 503 and to each municipality within the county. All plan 19 revisions that are determined by the county or by the department 20 to be substantial shall be subject to the requirements of 21 sections 503 and 504. The plan revisions required by subsection 22 (d)(2) shall be considered substantial plan revisions. 23 Section 502. Content of municipal waste management plans. 24 (a) General rule.--Except as provided in section 501(c), 25 every plan submitted after the effective date of this act shall 26 comply with the provisions of this section. 27 (b) Description of waste.--The plan shall describe and 28 explain the origin, content and weight or volume of municipal 29 waste currently generated within the county's boundaries, and 30 the origin, content and weight or volume of municipal waste that 19870S0528B0581 - 21 -
1 will be generated within the county's boundaries during the next 2 ten years. 3 (c) Description of facilities.--The plan shall identify and 4 describe the facilities where municipal waste is currently being 5 disposed or processed and the remaining available permitted 6 capacity of such facilities. The plan shall contain an analysis 7 of the effect of current and planned recycling on waste 8 generated within the county. The plan shall also explain the 9 extent to which existing facilities will be used during the life 10 of the plan, and shall not substantially impair the use of their 11 remaining permitted capacity. For purposes of this subsection, 12 existing facilities shall include facilities for which a 13 complete permit application under the Solid Waste Management Act 14 is filed with the department within six months from the 15 effective date of this act, unless such permit application is 16 denied by the department. 17 (d) Estimated future capacity.--The plan shall estimate the 18 processing or disposal capacity needed for the municipal waste 19 that will be generated in the county during the next ten years. 20 The assessment shall describe the primary variables affecting 21 this estimate and the extent to which they can reasonably be 22 expected to affect the estimate, including, but not limited to, 23 the amount of residual waste disposed or processed at municipal 24 waste disposal or processing facilities in the county and the 25 extent to which residual waste may be disposed or processed at 26 such facilities during the next ten years. 27 (e) Description of recyclable waste.--The plan shall 28 describe the kind and weight or volume of municipal waste that 29 could be recycled through municipal recycling programs and the 30 potential benefits of recycling, including the avoided cost of 19870S0528B0581 - 22 -
1 municipal waste processing or disposal. The plan shall also 2 describe the compatibility of recycling with other municipal 3 waste processing or disposal methods, giving consideration to 4 and describing anticipated and available markets or uses for 5 materials collected through municipal recycling programs. If 6 recycling is proposed, the plan shall describe the kind and 7 weight or volume of recyclable materials that will be collected; 8 proposed collection methods for recyclable materials; options 9 for insuring the collection of recyclable materials, including, 10 but not limited to, municipal ordinances; and options for 11 municipal cooperation or agreement for the collection, 12 processing and sale of recyclable material. 13 (f) Financial factors.--The plan shall describe the type, 14 mix, size, expected cost and proposed methods of financing the 15 facilities, recycling programs or waste reduction programs that 16 are proposed for the processing and disposal of the municipal 17 waste that will be generated within the county's boundaries 18 during the next ten years. For every proposed facility, 19 recycling program or waste reduction program, the plan shall 20 discuss all of the following: 21 (1) Explain in detail the reason for selecting such 22 facility or program. 23 (2) Describe alternative facilities or programs, 24 including, but not limited to, waste reduction, recycling, or 25 resource recovery facilities or programs, that were 26 considered. 27 (3) Evaluate the environmental, energy, life cycle cost 28 and economic advantages and disadvantages of the proposed 29 facility or program as well as the alternatives considered. 30 (4) Show that adequate provision for existing and 19870S0528B0581 - 23 -
1 reasonably anticipated future recycling has been made in 2 designing the size of any proposed facility. 3 (5) Set forth a time schedule and program for planning, 4 design, siting, construction and operation of each proposed 5 facility or program. 6 (g) Location.--The plan shall identify the general location 7 within a county where each municipal waste processing or 8 disposal facility identified in subsection (f) will be located, 9 and either identify the site of each facility if the site has 10 already been chosen or explain how the site will be chosen. 11 (h) Prior written approval.--For any municipality waste 12 landfill or resource recovery facility to be permitted after the 13 effective date of this act that is proposed to be located 14 outside of the boundaries of the county for which the plan is 15 submitted: 16 (1) the plan shall contain a written statement approving 17 the facility from the governing body of the county where the 18 facility is proposed to be located; or 19 (2) provide an explanation for the failure to obtain a 20 written statement, in which case the plan shall also cover 21 all of the following: 22 (i) Identify the site on which the facility is 23 proposed to be located; explain the nature of the 24 county's property right to use that site for municipal 25 waste processing or disposal; and demonstrate that 26 written notice has been given to the host municipality. 27 (ii) Explain in detail the reasons for proposing an 28 out-of-county site. 29 (iii) Describe alternative sites within the 30 generator county that were considered and explain the 19870S0528B0581 - 24 -
1 reasons these alternative sites were rejected. 2 (iv) Evaluate the environmental, energy and economic 3 merits of the site proposed as well as the alternatives 4 considered. 5 (v) Explain how the construction and operation of 6 the proposed facility will not interfere with municipal 7 waste processing and disposal in the host county. 8 (i) Implementing entity identification.--The plan shall 9 identify the governmental entity that will be responsible for 10 implementing the plan on behalf of the county and describe the 11 legal basis for that entity's authority to do so. 12 (j) Public function.--Where the county determines that it is 13 in the public interest for municipal waste transportation, 14 processing and disposal to be a public function, the plan shall 15 provide for appropriate mechanisms. 16 (k) Copies of ordinances and resolutions.--The plan shall 17 include any proposed waste flow control ordinances or 18 requirements that will be used to insure the operation of any 19 facilities proposed in the plan. For each ordinance or 20 requirement, the plan shall identify the areas of the county to 21 be affected, the expected effective date and the implementing 22 mechanism. 23 (l) Orderly extension.--The plan shall provide for the 24 orderly extension of municipal waste management systems in a 25 manner that is consistent with the needs of the area and is also 26 consistent with any existing State, regional or local plans 27 affecting the development, use and protection of air, water, 28 land or other natural resources. The plan shall also take into 29 consideration planning, zoning, population estimates, 30 engineering and economics. 19870S0528B0581 - 25 -
1 (m) Other information.--The plan shall include any other 2 information that the department may require. 3 (n) Noninterference with certain resource recovery 4 facilities.--No county municipal waste management plan shall 5 interfere with the design, construction or operation of any 6 resource recovery facility that is part of a complete municipal 7 waste management plan submitted by a municipality or 8 organization of municipalities under the Solid Waste Management 9 Act prior to the effective date of this act, and for which a 10 complete permit application under the Solid Waste Management Act 11 is submitted to the department within one year of the effective 12 date of this act. Within 120 days after receiving a complete 13 plan submitted pursuant to this subsection, the department shall 14 give it preliminary or technical approval under 25 Pa. Code §§ 15 75.11 through 75.13 or disapprove it. 16 Section 503. Development of municipal waste management plans. 17 (a) Advisory committee.--Prior to preparing a plan or 18 substantial plan revisions for submission to the department in 19 accordance with the provisions of this act, the county shall 20 form an advisory committee, which shall include representatives 21 of all classes of municipalities within the county, citizen 22 organizations, industry and any other persons deemed appropriate 23 by the county. The advisory committee shall review the plan 24 during its preparation, make suggestions and propose any changes 25 it believes appropriate. 26 (b) Written notice.--The county shall provide written notice 27 to all municipalities within the county when plan development 28 begins and shall provide periodic written progress reports to 29 such municipalities concerning the preparation of the plan. 30 (c) Review and comment.--Prior to adoption by the governing 19870S0528B0581 - 26 -
1 body of the county, the county shall submit copies of the 2 proposed plan for review and comment to the department, all 3 municipalities within the county, all areawide planning agencies 4 and the county health department, if one exists. The county 5 shall also make the proposed plan available for public review 6 and comment. The period for review and comment shall be 90 days. 7 The county shall hold at least one public hearing on the 8 proposed plan during this period. The plan subsequently 9 submitted to the governing body of the county for adoption shall 10 be accompanied by a document containing written responses to 11 comments made during the comment period. 12 (d) Adoption and ratification of plan.--The governing body 13 of the county shall adopt a plan within 60 days from the end of 14 the public comment period. Not later than ten days following 15 adoption of a plan by the governing body of the county, the plan 16 shall be sent to municipalities within the county for 17 ratification. If a municipality does not act on the plan within 18 90 days of its submission to such municipality, it shall be 19 deemed to have ratified the plan. If more than one-half of the 20 municipalities, representing more than one-half of the county's 21 population as determined by the most recent decennial census by 22 the United States Bureau of the Census, ratify the plan, then 23 the county within ten days of ratification shall submit the plan 24 to the department for approval. 25 (e) Statement of objections.--A municipality may not 26 disapprove of a proposed county plan unless the municipality's 27 resolution of disapproval contains a concise statement of its 28 objections to the plan. Each municipality disapproving a plan 29 shall immediately transmit a copy of its resolution of 30 disapproval to the county and the advisory committee. 19870S0528B0581 - 27 -
1 Section 504. Failure to ratify plan. 2 (a) Submission.--If the plan is not ratified as provided in 3 section 503(d), the county shall meet with the advisory 4 committee to discuss the reasons that the plan was not ratified. 5 The advisory committee shall submit a recommendation concerning 6 a revised county plan to the county within 45 days after it 7 becomes apparent that the plan has failed to obtain 8 ratification. The advisory committee's recommendation shall 9 specifically address the objections stated by municipalities in 10 their resolutions of disapproval of the county plan. 11 (b) Adoption of revised plan by county.--The governing body 12 of the county shall adopt a revised plan within 75 days after it 13 has become apparent that the original plan has failed to obtain 14 ratification. Not later than five days following adoption of a 15 revised plan by the governing body of the county, the plan shall 16 be sent to municipalities within the county for ratification. If 17 a municipality does not act on the revised plan within 45 days 18 of its submission to such municipality, it shall be deemed to 19 have ratified the plan. If more than one-half of the 20 municipalities, representing more than one-half of the county's 21 population as determined by the most recent decennial census by 22 the United States Bureau of the Census, ratify the revised plan, 23 then the county within ten days of ratification shall submit the 24 revised plan to the department for approval. 25 (c) Statement of objections.--A municipality may not 26 disapprove of a proposed revised county plan unless the 27 municipality's resolution of disapproval contains a concise 28 statement of its objections to the plan. Each municipality shall 29 immediately transmit a copy of its resolution of disapproval to 30 the county. 19870S0528B0581 - 28 -
1 (d) Failure to ratify revised plan.--If the plan is not 2 ratified as provided in subsection (b), the county shall submit 3 the revised plan to the department for approval. The revised 4 plan shall be submitted within ten days after it is apparent 5 that the plan has failed to obtain ratification and shall be 6 accompanied by the county's written response to the objections 7 stated by municipalities in the resolutions of disapproval. 8 Section 505. Review of municipal waste management plans. 9 (a) Departmental approval options.--Within 30 days after 10 receiving a complete plan, the department shall approve, 11 conditionally approve or disapprove it, unless the department 12 gives written notice that additional time is necessary to 13 complete its review. If the department gives such notice, it 14 shall have 30 additional days to render a decision. 15 (b) Minimum plan requirement.--The department shall not 16 approve any county plan unless the plan demonstrates to the 17 satisfaction of the department that: 18 (1) The plan is complete and accurate. 19 (2) The plan gives priority to the implementation of 20 municipal recycling programs and to the development and use 21 of resource recovery facilities to address the county's 22 projected municipal waste processing and disposal needs, 23 giving consideration to environmental, energy and economic 24 factors. 25 (3) The plan provides for the processing and disposal of 26 municipal waste in a manner that is consistent with the 27 requirements of the Solid Waste Management Act, and the 28 regulations promulgated pursuant thereto. 29 (4) The plan provides a feasible method for the 30 processing and disposal of municipal waste. 19870S0528B0581 - 29 -
1 (5) For any municipal waste landfills or resource 2 recovery facilities that are proposed to be located outside 3 the county, the plan includes a copy of the written notice 4 that was provided to the host municipality and: 5 (i) contains a written statement approving the 6 facility from the governing body of the county where the 7 facility is proposed to be located and is not 8 inconsistent with the approved plan for the county where 9 the facility is proposed to be located; or 10 (ii) provides a clear and convincing rationale for 11 locating the facility outside the county that complies 12 with the requirements of section 502(h). 13 (c) Zoning powers unaffected.--Nothing in this act shall be 14 construed or understood to enlarge or diminish the authority of 15 municipalities to adopt ordinances pursuant to, or to exempt 16 entities or individuals acting under the authority of this act 17 from the provisions of the act of July 31, 1968 (P.L.805, 18 No.247), known as the Pennsylvania Municipalities Planning Code. 19 Section 506. Contracts. 20 (a) General rule.--Except as provided in sections 705 and 21 1305, nothing in this act shall be construed to interfere with, 22 or in any way modify, the provisions of any contract for 23 municipal waste disposal, processing or collection in force in 24 any county, other municipality or municipal authority upon the 25 effective date of this act. 26 (b) Renewals.--No renewal of any existing contract upon the 27 expiration or termination of the original term thereof, and no 28 new contract for municipal waste disposal, processing or 29 collection shall be entered into after the effective date of 30 this act, unless such renewal or such new contract shall conform 19870S0528B0581 - 30 -
1 to the applicable provisions of a department-approved municipal 2 waste management plan. 3 (c) Renegotiation option.--If no plan has been approved for 4 the county, no contract renewal or new contract for municipal 5 waste disposal, processing or collection shall be entered into 6 unless such contract contains a provision for renegotiation to 7 conform to the approved plan when such plan is approved by the 8 department. 9 Section 507. Relationship between plans and permits. 10 The department shall not issue any municipal waste landfill 11 or resource recovery permit under the Solid Waste Management 12 Act, in a county: 13 (1) On and after the date that the governing body of the 14 county has approved a municipal waste management plan but 15 before a plan is approved by the department under section 16 505, unless the department has considered the potential 17 effect of that permit on the proposed plan. 18 (2) On and after the date of departmental approval of 19 the county municipal waste management plan under section 505, 20 unless the permit applicant demonstrates to the department's 21 satisfaction that: 22 (i) For waste generated within the county, the 23 proposed facility is provided for in the approved plan 24 for that county. 25 (ii) For waste generated outside the county: 26 (A) the proposed facility is provided for in the 27 approved plan for the county that generated the 28 waste; or 29 (B) the county where the permitted facility 30 would be located has failed to adhere to the schedule 19870S0528B0581 - 31 -
1 set forth in its approved plan for planning, design, 2 siting, construction or operation of municipal waste 3 processing or disposal facilities. 4 Section 508. Studies. 5 (a) Market development for recyclable municipal waste.-- 6 Within 15 months after the effective date of this act, the 7 department shall submit to the General Assembly a report that 8 describes: 9 (1) The current and projected capacity of existing 10 markets to absorb materials generated by municipal recycling 11 programs in this Commonwealth. 12 (2) Market conditions that inhibit or affect demand for 13 materials generated by municipal recycling programs. 14 (3) Potential opportunities to increase demand for and 15 use of materials generated by municipal recycling programs. 16 (4) Recommendations for specific actions to increase and 17 stabilize the demand for materials generated by municipal 18 recycling programs, including, but not limited to, proposed 19 legislation if necessary. 20 (b) Waste reduction.--Within 24 months after the effective 21 date of this act, the department shall submit to the General 22 Assembly a report: 23 (1) That describes various mechanisms that could be 24 utilized to stimulate and enhance waste reduction, including 25 their advantages and disadvantages. The mechanisms to be 26 analyzed shall include, but not be limited to, incentives for 27 prolonging product life, methods for ensuring product 28 recyclability, taxes for excessive packaging, tax incentives, 29 prohibitions on the use of certain products and performance 30 standards for products. 19870S0528B0581 - 32 -
1 (2) That includes recommendations to stimulate and 2 enhance waste reduction, including, but not limited to, 3 proposed legislation if necessary. 4 Section 509. Best available technology. 5 (a) Publication of criteria.--The department, after public 6 notice and an opportunity for comment, shall publish in the 7 Pennsylvania Bulletin criteria for best available technology (as 8 defined in 25 Pa. Code § 121.1 (relating to definitions)) for 9 new resource recovery facilities. 10 (b) Restriction on issuance of certain permits.--The 11 department shall not issue any approval or permit for a resource 12 recovery facility under the act of January 8, 1960 (1959 13 P.L.2119, No.787), known as the Air Pollution Control Act, that 14 is less stringent than any provision of the applicable best 15 available technology criteria. The department shall require any 16 resource recovery facility to operate in compliance with the 17 applicable best available technology criteria. 18 (c) Operation tests and reports.--The operator of any 19 resource recovery facility shall conduct tests for emissions of 20 particulate matter in accordance with standards of performance 21 for new sources specified by the United States Environmental 22 Protection Agency for incinerators, resource recovery facilities 23 and associated control devices and shall report the results in a 24 manner established by the department. 25 CHAPTER 7 26 RESOURCE RECOVERY FEE 27 Section 701. Resource recovery fee for municipal waste 28 landfills. 29 (a) Imposition.--There is imposed a resource recovery fee of 30 $1.25 per ton for all solid waste disposed of at municipal waste 19870S0528B0581 - 33 -
1 landfills. Such fee shall be paid by the operator of each 2 municipal waste landfill. 3 (b) Alternative calculation.--Except as provided in 4 subsection (c), the fee for operators of municipal waste 5 landfills that do not weigh solid waste when it is received 6 shall be calculated as if three cubic yards were equal to one 7 ton of solid waste. 8 (c) Waste weight requirement.--On and after January 1, 1988, 9 each operator of a municipal waste landfill that has received 10 30,000 or more cubic yards of solid waste in the previous 11 calendar year shall weigh all solid waste when it is received. 12 The scale used to weigh solid waste shall conform to the 13 requirements of the act of December 1, 1965 (P.L.988, No.368), 14 known as the Weights and Measures Act of 1965, and the 15 regulations promulgated pursuant thereto. The operator of the 16 scale shall be a licensed public weighmaster under the act of 17 April 28, 1961 (P.L.135, No.64), known as the Public 18 Weighmaster's Act, and the regulations promulgated pursuant 19 thereto. 20 (d) Sunset for fee.--No fee shall be imposed under this 21 section on and after the first day of the eleventh year 22 following the effective date of this act. 23 Section 702. Form and timing of resource recovery fee payment. 24 (a) Quarterly payments.--Each operator of a municipal waste 25 landfill shall make the resource recovery fee payment quarterly. 26 The fee shall be paid on or before the 20th day of April, July, 27 October and January for the three months ending the last day of 28 March, June, September and December. 29 (b) Quarterly reports.--Each resource recovery fee payment 30 shall be accompanied by a form prepared and furnished by the 19870S0528B0581 - 34 -
1 department and completed by the operator. The form shall state 2 the weight or volume of solid waste received by the landfill 3 during the payment period and provide any other information 4 deemed necessary by the department to carry out the purposes of 5 this act. The form shall be signed by the operator. 6 (c) Timeliness of payment.--The operator shall be deemed to 7 have made a timely payment of the resource recovery fee if the 8 operator complies with all of the following: 9 (1) The enclosed payment is for the full amount owed 10 pursuant to this section and no further departmental action 11 is required for collection. 12 (2) The payment is accompanied by the required form, and 13 such form is complete and accurate. 14 (3) The letter transmitting the payment that is received 15 by the department is postmarked by the United States Postal 16 Service on or prior to the final day on which the payment is 17 to be received. 18 (d) Discount.--Any operator that makes a timely payment of 19 the resource recovery fee as provided in this section shall be 20 entitled to credit and apply against the fee payable, a discount 21 of 1% of the amount of the fee collected. 22 (e) Refunds.--Any operator that believes he has overpaid the 23 resource recovery fee may file a petition for refund to the 24 department. If the department determines that the operator has 25 overpaid the fee, the department shall refund to the operator 26 the amount due him, together with interest at a rate established 27 pursuant to section 806.1 of the act of April 9, 1929 (P.L.343, 28 No.176), known as The Fiscal Code, from the date of overpayment. 29 No refund of the resource recovery fee shall be made unless the 30 petition for the refund is filed with the department within six 19870S0528B0581 - 35 -
1 months of the date of the overpayment. 2 (f) Alternative proof of payment.--For purposes of this 3 section, presentation of a receipt indicating that the payment 4 was mailed by registered or certified mail on or before the due 5 date shall be evidence of timely payment. 6 Section 703. Collection and enforcement of fee. 7 (a) Interest.--If an operator fails to make a timely payment 8 of the resource recovery fee, the operator shall pay interest on 9 the unpaid amount due at the rate established pursuant section 10 806 of the act of April 9, 1929 (P.L.343, No.176), known as The 11 Fiscal Code, from the last day for timely payment to the date 12 paid. 13 (b) Additional penalty.--In addition to the interest 14 provided in subsection (b), if an operator fails to make timely 15 payment of the resource recovery fee, there shall be added to 16 the amount of fee actually due 5% of the amount of such fee, if 17 the failure to file a timely payment is for not more than one 18 month, with an additional 5% for each additional month, or 19 fraction thereof, during which such failure continues, not 20 exceeding 25% in the aggregate. 21 (c) Assessment notices.-- 22 (1) If the department determines that any operator of a 23 municipal waste landfill has not made a timely payment of the 24 resource recovery fee, it will send the operator a written 25 notice of the amount of the deficiency, within 30 days of 26 determining such deficiency. When the operator has not 27 provided a complete and accurate statement of the weight or 28 volume of solid waste received at the landfill for the 29 payment period, the department may estimate the weight or 30 volume in its notice. 19870S0528B0581 - 36 -
1 (2) The operator charged with the deficiency shall have 2 30 days to pay the deficiency in full or, if the operator 3 wishes to contest the deficiency, forward the amount of the 4 deficiency to the department for placement in an escrow 5 account with the State Treasurer or any Pennsylvania bank, or 6 post an appeal bond in the amount of the deficiency. Such 7 bond shall be executed by a surety licensed to do business in 8 this Commonwealth and be satisfactory to the department. 9 Failure to forward the money or the appeal bond to the 10 department within 30 days shall result in a waiver of all 11 legal rights to contest the deficiency. 12 (3) If, through administrative or judicial review of the 13 deficiency, it is determined that the amount of deficiency 14 shall be reduced, the department shall within 30 days remit 15 the appropriate amount to the operator, with any interest 16 accumulated by the escrow deposit. 17 (4) The amount determined after administrative hearing 18 or after waiver of administrative hearing shall be payable to 19 the Commonwealth and shall be collectible in the manner 20 provided in section 1509. 21 (5) Any other provision of law to the contrary 22 notwithstanding, there shall be a statute of limitations of 23 five years upon actions brought by the Commonwealth pursuant 24 to this section. 25 (6) If any amount due hereunder remains unpaid 30 days 26 after receipt of notice thereof, the department may order the 27 operator of the landfill to cease receiving any solid waste 28 until the amount of the deficiency is completely paid. 29 (d) Filing of appeals.--Notwithstanding any other provision 30 of law, all appeals of final department actions concerning the 19870S0528B0581 - 37 -
1 resource recovery fee, including, but not limited to, petitions 2 for refunds, shall be filed with the Environmental Hearing 3 Board. 4 (e) Constructive trust.--All resource recovery fees 5 collected by an operator and held by such operator prior to 6 payment to the department shall constitute a trust fund for the 7 Commonwealth, and such trust shall be enforceable against such 8 operator, its representatives and any person receiving any part 9 of such fund without consideration or with knowledge that the 10 operator is committing a breach of the trust. However, any 11 person receiving payment of lawful obligation of the operator 12 from such fund shall be presumed to have received the same in 13 good faith and without any knowledge of the breach of trust. 14 (f) Remedies cumulative.--The remedies provided to the 15 department in this section are in addition to any other remedies 16 provided at law or in equity. 17 Section 704. Records. 18 Each operator of a municipal waste landfill shall keep daily 19 records of all deliveries of solid waste to the landfill as 20 required by the department, including, but not limited to, the 21 name and address of the hauler, the source of the waste, the 22 kind of waste received and the weight or volume of the waste. A 23 copy of these records shall be maintained at the site by the 24 operator for no less than five years and shall be made available 25 to the department for inspection, upon request. 26 Section 705. Surcharge. 27 The provisions of any law to the contrary notwithstanding, 28 the operator of any municipal waste landfill may collect the fee 29 imposed by this section as a surcharge on any fee schedule 30 established pursuant to law, ordinance, resolution or contract 19870S0528B0581 - 38 -
1 for solid waste disposal operations at the landfill. In 2 addition, any person who collects or transports solid waste 3 subject to the resource recovery fee to a municipal waste 4 landfill may impose a surcharge on any fee schedule established 5 pursuant to law, ordinance, resolution or contract for the 6 collection or transportation of solid waste to the landfill. The 7 surcharge shall be equal to the increase in disposal fees at the 8 landfill attributable to the resource recovery fee. However, 9 interest and penalties on the fee under section 703(a) and (b) 10 may not be collected as a surcharge. 11 Section 706. Resource Recovery Fund. 12 (a) Establishment.--All fees received by the department 13 pursuant to section 701 shall be paid into the State Treasury 14 into a special fund to be known as the Resource Recovery Fund, 15 which is hereby established. 16 (b) Appropriation.--All moneys placed in the Resource 17 Recovery Fund are hereby appropriated to the department for the 18 purposes set forth in this section. The department shall, from 19 time to time, submit to the Governor for his approval estimates 20 of amounts to be expended under this act. 21 (c) Allocations.--The department shall, to the extent 22 practicable, allocate the moneys received by the Resource 23 Recovery Fund, including all interest generated thereon, in the 24 following manner over the life of the fund: 25 (1) At least 70% shall be expended by the department for 26 grants to municipalities for the development and 27 implementation of recycling programs as set forth in section 28 905, performance grants for municipal recycling programs as 29 set forth in section 906, and market development and waste 30 reduction studies as set forth in section 508. 19870S0528B0581 - 39 -
1 (2) Up to 20% may be expended by the department for 2 grants for resource recovery feasibility studies as set forth 3 in sections 902 and 903 and for grants for resource recovery 4 project development as set forth in section 904. 5 (3) Up to 10% may be expended by the department for 6 public information, public education and technical assistance 7 programs concerning recycling and waste reduction, including 8 technical assistance programs for counties and other 9 municipalities, for research and demonstration projects and 10 for other purposes consistent with this act. 11 (4) No more than 3% may be expended for the collection 12 and administration of moneys in the fund. 13 (d) Transfer.--On the first day of the sixteenth year after 14 the fee imposed by section 701 becomes effective, all moneys in 15 the Resource Recovery Fund that are not obligated shall be 16 transferred to the Solid Waste Abatement Fund and expended in 17 the same manner as other moneys in the Solid Waste Abatement 18 Fund. On the first day of the nineteenth year after the fee 19 imposed by section 701 becomes effective, all moneys in the 20 Resource Recovery Fund that are not expended shall be 21 transferred to the Solid Waste Abatement Fund and expended in 22 the same manner as other moneys in the Solid Waste Abatement 23 Fund. 24 (e) Advisory committee.--The secretary shall establish a 25 Resource Recovery Fund Advisory Committee composed of 26 representatives of counties, other municipalities, municipal 27 authorities, the municipal waste management industry, the 28 municipal waste recycling industry and the general public. The 29 committee shall meet at least annually to review the 30 Commonwealth's progress in meeting the goals under section 19870S0528B0581 - 40 -
1 102(c), to recommend priorities on expenditures from the fund, 2 and to advise the secretary on associated activities concerning 3 the administration of the fund. The department shall reimburse 4 members of the committee for reasonable travel, hotel and other 5 necessary expenses incurred in performance of their duties under 6 this section. 7 (f) Annual reports.--The department shall submit an annual 8 report to the General Assembly on receipts to and disbursements 9 from the Resource Recovery Fund in the previous year, 10 projections for revenues and expenditures in the coming year, 11 and the Commonwealth's progress in achieving the goals set forth 12 in section 102(c). 13 CHAPTER 9 14 RESOURCE RECOVERY GRANTS 15 Section 901. Planning grants. 16 (a) Authorization.--The department may award grants for the 17 cost of preparing municipal waste management plans in accordance 18 with this act and for carrying out related studies, surveys, 19 investigations, inquiries, research and analyses, upon 20 application from any county. The application shall be made on a 21 form prepared and furnished by the department. The application 22 shall contain such information as the department deems necessary 23 to carry out the provisions and purposes of this act. The grant 24 to any county under this section shall be 50% of the approved 25 cost of such plans and studies. 26 (b) General fund.--All grants under this section shall be 27 made from funds appropriated for this purpose by the General 28 Assembly. 29 Section 902. Grants to counties for resource recovery 30 feasibility studies. 19870S0528B0581 - 41 -
1 (a) Authorization.--The department may award grants for 2 resource recovery feasibility studies, upon application from any 3 county. The application shall be made on a form prepared and 4 furnished by the department. The application shall contain such 5 information as the department deems necessary to carry out the 6 provisions and purposes of this act. The grant to any county 7 under this section shall not exceed 50% of the approved cost of 8 the feasibility study. 9 (b) Prerequisites.--The department shall not award any grant 10 to a county under this section unless the application is 11 complete and accurate and demonstrates to the department's 12 satisfaction that the proposed study: 13 (1) Is necessary for the preparation or implementation 14 of the county plan. 15 (2) Does not duplicate any prior feasibility study 16 prepared for or on behalf of the county. 17 (c) Priority.--In awarding grants under this section, the 18 department shall give priority to the following applicants in 19 the order listed: 20 (1) Those applicants that propose to use resource 21 recovery and recycling facilities or programs for the largest 22 percentage of municipal waste generated within the county. 23 (2) Those applicants that propose to use resource 24 recovery facilities in conjunction with recycling. 25 Section 903. Grants to public institutions for resource 26 recovery feasibility studies. 27 (a) Authorization.--The department may award grants for 28 resource recovery feasibility studies, upon application from any 29 public institution. The application shall be made on a form 30 prepared and furnished by the department. The application shall 19870S0528B0581 - 42 -
1 contain such information as the department deems necessary to 2 carry out the provisions and purposes of this act. The grant to 3 any public institution under this section shall not exceed 50% 4 of the approved cost of the feasibility study. 5 (b) Priority.--The department shall not award any grant for 6 a public institution under this section unless the application 7 is complete and accurate and demonstrates all of the following 8 to the department's satisfaction: 9 (1) The county has stated in writing that the proposed 10 study will not interfere with the preparation or 11 implementation of the plan for the county in which the public 12 institution is located. 13 (2) The proposed study does not duplicate any prior 14 feasibility study prepared for on behalf of the public 15 institution. 16 (c) Definition.--For purposes of this section, "public 17 institution" shall mean any government building or complex of 18 government buildings. 19 Section 904. Grants for project development for resource 20 recovery facilities. 21 (a) Authorization.--The department may award grants for 22 project development for resource recovery facilities, upon 23 application from any county with a department-approved municipal 24 waste management plan. The application shall be made on a form 25 prepared and furnished by the department. The application shall 26 contain such information as the department deems necessary to 27 carry out the provisions and purposes of this act. The grant 28 shall not exceed 75% of the approved cost of project 29 development. 30 (b) Prerequisites.--The department shall not award any grant 19870S0528B0581 - 43 -
1 under this section unless the application is complete and 2 accurate and demonstrates all of the following to the 3 department's satisfaction: 4 (1) The proposed project development work is based on an 5 accurate and complete feasibility study. 6 (2) The proposed project development work is necessary 7 for the implementation of the approved county plan. 8 (3) The proposed project development work does not 9 duplicate any prior project development work prepared for or 10 on behalf of the county. 11 (4) Adequate provision for existing and reasonably 12 anticipated future recycling has been or will be made in 13 designing the size of the facility, regardless of when the 14 county plan was submitted and approved. 15 (c) Grants may be retroactive.--The grant authorized by this 16 section may be awarded to any county for costs incurred for 17 project development for resource recovery facilities after 18 January 1, 1987. However, no grant may be authorized under this 19 section for a resource recovery facility that has received a 20 grant from the department under the act of July 20, 1974 21 (P.L.572, No.198), known as the Pennsylvania Solid Waste- 22 Resource Recovery Development Act, except for costs that were 23 not paid by such grant. 24 Section 905. Grants for development and implementation of 25 municipal recycling programs. 26 (a) Authorization.--The department may award grants for 27 development and implementation of municipal recycling programs, 28 upon application from any municipality. The grant provided by 29 this section may be used to identify markets, develop a public 30 education campaign, purchase collection and storage equipment, 19870S0528B0581 - 44 -
1 and do other things necessary to establish a municipal recycling 2 program. The grant may be used to purchase mechanical processing 3 equipment only to the extent needed for collection of recyclable 4 materials. The application shall be made on a form prepared and 5 furnished by the department. The application shall explain the 6 structure and operation of the program and shall contain such 7 other information as the department deems necessary to carry out 8 the provisions and purposes of this act. The grant under this 9 section shall not exceed 50% of the approved cost of 10 establishing a municipal recycling program. 11 (b) Prerequisites.--The department shall not award any grant 12 under this section unless the application is complete and 13 accurate and demonstrates to the department's satisfaction that 14 the recycling program for which the grant is sought does not 15 duplicate any other recycling programs operating within the 16 municipality. In addition, the department shall not award any 17 grant to any municipality under this section unless the proposed 18 recycling program is consistent with the approved county 19 municipal waste management plan. 20 (c) Municipal retroactive grants with restrictions.--The 21 grant authorized by this section may be awarded to any 22 municipality for costs incurred for a municipal recycling 23 program after January 1, 1987. However, no grant may be 24 authorized under this section for a municipal recycling program 25 that has received a grant from the department under the act of 26 July 20, 1974 (P.L.572, No.198), known as the Pennsylvania Solid 27 Waste - Resource Recovery Development Act, except for costs that 28 were not paid by such grant. 29 Section 906. Performance grants for municipal recycling 30 programs. 19870S0528B0581 - 45 -
1 (a) Authorization.--The department may award annual 2 performance grants for municipal recycling programs other than 3 programs for the composting of yard waste upon application from 4 any municipality. The application shall be made on a form 5 prepared and furnished by the department. The application shall 6 contain such information as the department deems necessary to 7 carry out the provisions and purposes of this act. 8 (b) Availability and amount.-- 9 (1) The department may award a grant under this 10 paragraph to a municipality based on each ton of municipal 11 waste recycled annually for up to five years. The amount of 12 the annual grant shall be as follows: 13 (i) for the first year, up to $5 per ton; 14 (ii) for the second year, up to $5 per ton; 15 (iii) for the third year, up to $3 per ton; 16 (iv) for the fourth year, up to $3 per ton; and 17 (v) for the fifth year, up to $2 per ton. 18 (2) Where the municipality is serviced by a resource 19 recovery facility and where the recycled municipal waste for 20 which the grant is sought would otherwise have been processed 21 at the resource recovery facility, the department may award 22 an additional grant under this paragraph up to an additional 23 $5 per ton of municipal waste recycled annually for a period 24 not in excess of two years. 25 (c) Prerequisites.--The department shall not award any grant 26 under this section unless the application is complete and 27 accurate, and demonstrates all of the following to the 28 department's satisfaction: 29 (1) The recycling program does not duplicate any other 30 recycling programs operating within the municipality. 19870S0528B0581 - 46 -
1 (2) The recycled materials for which the grant is 2 sought: 3 (i) were not diverted from another recycling program 4 already in existence on the effective date of the 5 ordinance establishing the municipal recycling program; 6 and 7 (ii) were actually marketed. 8 CHAPTER 11 9 ASSISTANCE TO MUNICIPALITIES 10 Section 1101. Information provided to host municipalities. 11 (a) Departmental information.--The department will provide 12 all of the following information to the governing body of host 13 municipalities for municipal waste landfills and resource 14 recovery facilities: 15 (1) Copies of each department inspection report for such 16 facilities under the Solid Waste Management Act, the act of 17 June 22, 1937 (P.L.1987, No.394), known as The Clean Streams 18 Law, the act of May 31, 1945 (P.L.1198, No.418), known as the 19 Surface Mining Conservation and Reclamation Act, the act of 20 January 8, 1960 (1959 P.L.2119, No.787), known as the Air 21 Pollution Control Act, the act of November 26, 1978 22 (P.L.1375, No.325), known as the Dam Safety and Encroachments 23 Act, and the act of December 19, 1984 (P.L.1093, No.219), 24 known as the Noncoal Surface Mining Conservation and 25 Reclamation Act, within five working days after the 26 preparation of such reports. 27 (2) Prompt notification of all department enforcement or 28 emergency actions for such facilities, including, but not 29 limited to, abatement orders, cessation orders, proposed and 30 final civil penalty assessments, and notices of violation. 19870S0528B0581 - 47 -
1 (3) Copies of all air and water quality monitoring data 2 collected by the department at such facilities, within five 3 working days after complete laboratory analysis of such data 4 becomes available to the department. 5 (b) Operator information.--Every operator of a municipal 6 waste landfill or resource recovery facility shall provide to 7 the host municipality copies of all air and water quality 8 monitoring data for the facility conducted by or on behalf of 9 the operator, within five days after such data becomes available 10 to the operator. 11 (c) Public information.--All information provided to the 12 host municipality shall be made available to the public for 13 review upon request. 14 (d) Information to county.--If the host municipality owns or 15 operates the municipal waste landfill or resource recovery 16 facility, or proposes to own or operate such landfill or 17 facility, the information required by this section shall be 18 provided to the county within which the landfill or facility is 19 located or proposed to be located instead of the host 20 municipality. 21 Section 1102. Joint inspections with host municipalities. 22 (a) Training of inspectors.-- 23 (1) The department shall establish and conduct a 24 training program to certify host municipality inspectors for 25 municipal waste landfills and resource recovery facilities. 26 This program will be available to no more than two persons 27 who have been designated in writing by the host municipality. 28 The department shall hold training programs at least twice a 29 year. The department shall certify host municipality 30 inspectors upon completion of the training program and 19870S0528B0581 - 48 -
1 satisfactory performance in an examination administered by 2 the department. 3 (2) Certified municipal inspectors are authorized to 4 enter property, inspect records, take samples and conduct 5 inspections when they are accompanied by, and under the 6 supervision of, department inspectors. However, certified 7 municipal inspectors may not issue orders during an 8 inspection. 9 (3) The department is authorized to pay for the host 10 inspection training program and to pay 50% of the approved 11 cost of employing a certified host municipality inspector for 12 a period not to exceed five years. All moneys paid under this 13 paragraph shall be from funds appropriated for this purpose 14 by the General Assembly. 15 (b) Departmental information.-- 16 (1) Whenever any host municipality presents information 17 to the department which gives the department reason to 18 believe that any municipal waste landfill or resource 19 recovery facility is in violation of any requirement of the 20 act of June 22, 1937 (P.L.1987, No.394), known as The Clean 21 Streams Law, the act of May 31, 1945 (P.L.1198, No.418), 22 known as the Surface Mining Conservation and Reclamation Act, 23 the act of January 8, 1960 (1959 P.L.2119, No.787), known as 24 the Air Pollution Control Act, the act of November 26, 1978 25 (P.L.1375, No.325), known as the Dam Safety and Encroachments 26 Act, the Solid Waste Management Act, and the act of December 27 19, 1984 (P.L.1093, No.219), known as the Noncoal Surface 28 Mining Conservation and Reclamation Act, any regulation 29 promulgated pursuant thereto, or the condition of any permit 30 issued pursuant thereto, the department will promptly conduct 19870S0528B0581 - 49 -
1 an inspection of such facility. 2 (2) The department will notify the host municipality of 3 this inspection and will allow a certified municipal 4 inspector from the host municipality to accompany the 5 inspector during the inspection. 6 (3) If there is not sufficient information to give the 7 department reasons to believe that there is a violation, the 8 department will provide a written explanation to the host 9 municipality of its decision not to conduct an inspection 10 within 30 days of the request for inspection. 11 (4) Upon written request of a host municipality to the 12 department, the department will allow a certified inspector 13 of such municipality to accompany department inspectors on 14 routine inspections of municipal waste landfills and resource 15 recovery facilities. 16 (c) County involvement.--If the host municipality owns or 17 operates the municipal waste landfill or resource recovery 18 facility, the training and inspection requirements of this 19 section shall be available to the county within which the 20 landfill or facility is located instead of the host 21 municipality. 22 Section 1103. Water supply testing for contiguous landowners. 23 (a) Required water sampling.--Upon written request from 24 persons owning land contiguous to a municipal waste landfill, 25 the operator of such landfill shall have quarterly sampling and 26 analysis conducted of private water supplies used by such 27 persons for drinking water. Such sampling and analysis shall be 28 conducted by a laboratory certified pursuant to the act of May 29 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe 30 Drinking Water Act. The laboratory shall be chosen by the 19870S0528B0581 - 50 -
1 landowners from a list of regional laboratories supplied by the 2 department. Sampling and analysis shall be at the expense of the 3 landfill operator. 4 (b) Extent of analysis.--Water supplies shall be analyzed 5 for all parameters or chemical constituents determined by the 6 department to be indicative of typical contamination from 7 municipal waste landfills. The laboratory performing such 8 sampling and analysis shall provide written copies of sample 9 results to the landowner and to the department. 10 (c) Additional sampling required.--If the analysis indicates 11 possible contamination from a municipal waste landfill, the 12 department may conduct, or require the landfill operator to have 13 the laboratory conduct, additional sampling and analysis to 14 determine more precisely the nature, extent and source of 15 contamination. 16 (d) Written notice of rights.--On or before 60 days from the 17 effective date of this act for permits issued under the Solid 18 Waste Management Act prior to the effective date of this act, 19 and at or before the time of permit issuance for permits issued 20 under the Solid Waste Management Act after the effective date of 21 this act, the operator of each municipal waste landfill shall 22 provide contiguous landowners with written notice of their 23 rights under this section on a form prepared by the department. 24 Section 1104. Water supply protection. 25 (a) Alternative water supply requirement.--Any person owning 26 or operating a municipal waste management facility that affects 27 a public or private water supply by pollution, contamination or 28 diminution shall restore or replace the affected supply with an 29 alternate source of water adequate in quantity or quality for 30 the purposes served by the water supply. If any person shall 19870S0528B0581 - 51 -
1 fail to comply with this requirement, the department may issue 2 such orders to the person as are necessary to assure compliance. 3 (b) Notification to department.--Any landowner or water 4 purveyor suffering pollution, contamination or diminution of a 5 public or private water supply as a result of solid waste 6 disposal activities at a municipal waste management facility may 7 so notify the department and request that an investigation be 8 conducted. Within ten days of such notification, the department 9 shall begin investigation of any such claims and shall, within 10 120 days of the notification, make a determination. If the 11 department finds that the pollution or diminution was caused by 12 the operation of a municipal waste management facility or if it 13 presumes the owner or operator of a municipal waste facility 14 responsible for pollution, contamination or diminution pursuant 15 to subsection (c), then it shall issue such orders to the owner 16 or operator as are necessary to insure compliance with 17 subsection (a). 18 (c) Rebuttable presumption.--Unless rebutted by one of the 19 four defenses established in subsection (d), it shall be 20 presumed that the owner or operator of a municipal waste 21 landfill is responsible for the pollution, contamination or 22 diminution of a public or private water supply that is within 23 one-quarter mile of the perimeter of the area where solid waste 24 disposal activities have been carried out. 25 (d) Defenses.--In order to rebut the presumption of 26 liability established in subsection (c), the owner or operator 27 must affirmatively prove by clear and convincing evidence one of 28 the following four defenses: 29 (1) The pollution, contamination or diminution existed 30 prior to any municipal waste landfill operations on the site 19870S0528B0581 - 52 -
1 as determined by a preoperation survey. 2 (2) The landowner or water purveyor refused to allow the 3 owner or operator access to conduct a preoperation survey. 4 (3) The water supply is not within one-quarter mile of 5 the perimeter of the area where solid waste disposal 6 activities have been carried out. 7 (4) The pollution, contamination or diminution occurred 8 as a result of some cause other than solid waste disposal 9 activities. 10 (e) Independent testing.--Any owner or operator electing to 11 preserve its defenses under subsection (d)(1) or (2) shall 12 retain the services of an independent certified laboratory to 13 conduct the preoperation survey of water supplies. A copy of the 14 results of any survey shall be submitted to the department and 15 the landowner or water purveyor in a manner prescribed by the 16 department. 17 (f) Other remedies preserved.--Nothing in this act shall 18 prevent any landowner or water purveyor who claims pollution, 19 contamination or diminution of a public or private water supply 20 from seeking any other remedy that may be provided at law or in 21 equity. 22 Section 1105. Purchase of cogenerated electricity. 23 (a) Request to public utility.--The owner or operator of a 24 resource recovery facility may request that any public utility 25 enter into a contract providing for the interconnection of the 26 facility with the public utility and the purchase of electric 27 energy, or electric energy and capacity, produced and offered 28 for sale by the facility. The terms of any such contract shall 29 be in accordance with the Federal Public Utility Regulatory 30 Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117) and any 19870S0528B0581 - 53 -
1 subsequent amendments, and any applicable Federal regulations 2 promulgated pursuant thereto, and the regulations of the 3 commission. 4 (b) Limited Public Utility Commission review.--A contract 5 entered into between a resource recovery facility and a public 6 utility in accordance with subsection (a), shall provide for a 7 one-time review and approval by the commission at the time the 8 contract is entered into, notwithstanding the provisions of 66 9 Pa.C.S. § 508 (relating to power of the commission to vary, 10 reform and revise contracts). 11 Section 1106. Public Utility Commission. 12 (a) Application.--If the owner or operator of a resource 13 recovery facility and a public utility fail to agree upon the 14 terms and conditions of a contract for the purchase of electric 15 energy, or electric energy and capacity, within 90 days of the 16 request by the facility to negotiate such a contract, or if the 17 public utility fails to offer a contract, either the owner or 18 operator of the facility or the public utility may request the 19 commission to establish the terms and conditions of such a 20 contract. Such request may be for an informal consultation, a 21 petition for declaratory order or a formal complaint, as 22 appropriate under the circumstances. 23 (b) Commission response.--The commission shall respond to 24 any such request, unless time limits are waived by the owner or 25 operator and utility, as follows: 26 (1) If the request is for an informal consultation, such 27 consultation shall be held within 30 days, and commission 28 staff shall make its recommendation to the parties within 30 29 days after the last consultation or submittal of last 30 requested data, whichever is later. Such recommendation may 19870S0528B0581 - 54 -
1 be oral or written, but shall not be binding on the parties 2 or commission. 3 (2) If the request is in the form of petition for 4 declaratory order, the petitioner shall comply with the 5 requirements of 52 Pa. Code § 5.41 et seq. (relating to 6 petitions) and 52 Pa. Code § 57.39 (relating to informal 7 consultation and commission proceedings). Within 30 days 8 after filing such petition, the commission or its staff 9 assigned to the matter may request that the parties file 10 legal memoranda addressing any issues raised therein. Within 11 60 days after filing of such petition or legal memoranda, 12 whichever is later, the commission shall act to grant or deny 13 such petition. 14 (3) If the request is in the form of a formal complaint, 15 the case shall proceed in accordance with 66 Pa.C.S. § 101 et 16 seq. (relating to public utilities). However, the complaint 17 may be withdrawn at any time, and the matter may proceed as 18 set forth in paragraph (1) or (2). 19 (c) Status as public utility.--A resource recovery facility 20 shall not be deemed a public utility, as such is defined in 66 21 Pa.C.S. § 101 et seq., if such facility produces thermal energy 22 for sale to a public utility and/or ten or less retail 23 customers, all of whom agree to purchase from such facility 24 under mutually agreed upon terms, or if such facility produces 25 thermal energy for sale to any number of retail customers, all 26 of which are located on the same site or site contiguous to that 27 of the selling facility. 28 (d) Effect of section.--The provisions of this section shall 29 take effect notwithstanding the adoption or failure to adopt any 30 regulations by the Public Utility Commission regarding the 19870S0528B0581 - 55 -
1 purchase of electric energy from qualifying facilities, as such 2 term is defined in section 210 of the Federal Public Utility 3 Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat. 4 3117) regulations and commission regulations. 5 Section 1107. Claims resulting from pollution occurrences. 6 (a) Financial responsibility.-- 7 (1) Any permit application by a person other than a 8 municipality or municipal authority under the Solid Waste 9 Management Act for a municipal waste landfill or resource 10 recovery facility that is provided for in an approved 11 municipal waste management plan shall certify that the 12 applicant has in force, or will, prior to the initiation of 13 operations under the permit, have in force, financial 14 assurances for satisfying claims of bodily injury and 15 property damage resulting from pollution occurrences arising 16 from the operation of the landfill or facility. Such 17 financial assurances shall be in place until the effective 18 date of closure certification under the Solid Waste 19 Management Act and the regulations promulgated pursuant 20 thereto, unless the department determines that the landfill 21 or facility may continue to present a significant risk to the 22 public health, safety and welfare or the environment. 23 (2) The form and amount of such financial assurances 24 shall be specified by the department. The required financial 25 assurances may include, but are not limited to, the 26 following: 27 (i) A commercial pollution liability insurance 28 policy. 29 (ii) A secured standby trust to become self-insured 30 that satisfies a financial test established by 19870S0528B0581 - 56 -
1 regulation. 2 (iii) A trust fund financed by the person and 3 administered by an independent trustee approved by the 4 department. 5 (b) Municipal financial responsibility.-- 6 (1) Any permit application by a municipality or 7 municipal authority under the Solid Waste Management Act for 8 a municipal waste landfill or resource recovery facility that 9 is provided for in an approved municipal waste management 10 plan shall certify that the applicant has in force, or will, 11 prior to the initiation of operations under the permit, have 12 in force, financial assurances for satisfying claims of 13 bodily injury and property damage resulting from pollution 14 occurrences arising from the operation of the landfill or 15 facility, to the extent that such claims are allowed by 42 16 Pa.C.S. Ch. 85 Subch. C (relating to actions against local 17 parties). Such financial assurances shall be in place until 18 the effective date of closure certification under the Solid 19 Waste Management Act and the regulations promulgated pursuant 20 thereto, unless the department determines that the landfill 21 or facility may continue to present a significant risk to the 22 public health, safety and welfare or the environment. 23 (2) The form and amount of such financial assurances 24 shall be specified by the department. The required financial 25 assurances may include, but are not limited to, the 26 following: 27 (i) A commercial pollution liability insurance 28 policy. 29 (ii) A trust fund financed by the municipality and 30 administered by an independent trustee approved by the 19870S0528B0581 - 57 -
1 department. 2 (iii) An insurance pool or self-insurance program 3 authorized by 42 Pa.C.S. § 8564 (relating to liability 4 insurance and self-insurance). 5 (3) In no case shall the department establish minimum 6 financial assurance amounts for a municipality that are 7 greater than the damage limitations established in 42 Pa.C.S. 8 Ch. 85 Subch. C. 9 (c) Indemnification.--Any person other than a municipality 10 or municipal authority that holds a permit under the Solid Waste 11 Management Act for a municipal waste landfill or resource 12 recovery facility that is part of an approved municipal waste 13 management plan shall indemnify and hold harmless all counties 14 within the planning area where the facility is located, all 15 municipalities within the planning area and the host 16 municipality, for claims of bodily injury and property damage 17 against the counties and municipalities resulting from pollution 18 occurrences arising from the operation of the facility. A host 19 municipality may not be held liable for bodily injury and 20 property damage resulting from pollution occurrences arising 21 from the operation of a municipal waste landfill or resource 22 recovery facility if such host municipality does not own, 23 operate or control the ownership or operation of the landfill or 24 facility. 25 (d) Effect on tort claims.--Nothing in this act shall be 26 construed or understood as in any way modifying or affecting the 27 provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C. 28 Section 1108. Site-specific postclosure fund. 29 (a) Establishment by county.--Each county shall establish an 30 interest-bearing trust with an accredited financial institution 19870S0528B0581 - 58 -
1 for every municipal waste landfill that is operating within its 2 boundaries. This trust shall be established within 60 days of 3 the effective date of this act for landfills permitted by the 4 department prior to the effective date of this act. The trust 5 shall be established prior to the operation of any landfill 6 permitted by the department after the effective date of this 7 act. 8 (b) Purpose.--The trust created for any landfill by this 9 section may be used only for remedial measures and emergency 10 actions that are necessary to prevent or abate adverse effects 11 upon the environment after the department has certified closure 12 of the landfill. However, the county may withdraw actual costs 13 incurred in establishing and administering the fund in an amount 14 not to exceed 0.5% of the moneys deposited in the fund. 15 (c) Amount.--Each operator of a municipal waste landfill 16 shall pay into the trust on a quarterly basis an amount equal to 17 25¢ per ton of weighed waste or 25¢ per three cubic yards of 18 volume measured waste for all solid waste received at the 19 landfill. 20 (d) Trustee.--The trustee shall manage the trust in 21 accordance with all applicable laws and regulations, except that 22 moneys in the trust shall be invested in a manner that will 23 allow withdrawals as provided in subsection (f). The trustee 24 shall be a person whose trust activities are examined and 25 regulated by a State or Federal agency. The trustee may resign 26 only after giving 120 days' notice to the department and after 27 the appointment of a new trustee. The trustee shall have an 28 office located within the county where the landfill is located. 29 (e) Trust agreement.--The provisions of the trust agreement 30 shall be consistent with the requirements of this section and 19870S0528B0581 - 59 -
1 shall be provided by the operator of the landfill on a form 2 prepared and approved by the department. The trust agreement 3 shall be accompanied by a formal certification of 4 acknowledgment. 5 (f) Withdrawal of funds.--The trustee may release moneys 6 from the trust only upon written request of the operator of a 7 landfill. Such request shall include the proposed amount and 8 purpose of the withdrawal and a copy of the department's written 9 approval of the expenditure. A copy of the request shall be 10 provided to the county and the host municipality. A copy of any 11 withdrawal document prepared by the trustee shall be provided to 12 the department, the county and the host municipality. No 13 withdrawal from this trust may be made until after the 14 department has certified closure of the landfill. 15 (g) Abandonment of trust.--If the department certifies to 16 the trustee that the operator of a landfill has abandoned the 17 operation of the landfill or has failed or refused to comply 18 with the requirements of the Solid Waste Management Act, or the 19 regulations promulgated pursuant thereto in any respect, the 20 trustee shall forthwith pay the full amount of the trust to the 21 department. The department may not make such certification 22 unless it has given 30 days' written notice to the operator, the 23 county, and the trustee of the department's intent to do so. 24 (h) Use of abandoned trust.--The department shall expend all 25 moneys collected pursuant to subsection (g) for the purposes set 26 forth in subsection (b). The department may expend money 27 collected from a trust for a landfill only for that landfill. 28 (i) Surplus.--Any moneys remaining in a trust subsequent to 29 final closure of a landfill under the Solid Waste Management Act 30 and the regulations promulgated pursuant thereto shall, upon 19870S0528B0581 - 60 -
1 certification of final closure by the department, be divided 2 equally between the county and the host municipality. 3 (j) Duty under law.--Nothing in this section shall be 4 understood or construed to in any way relieve the operator of a 5 municipal waste landfill of any duty or obligation imposed by 6 this act, the Solid Waste Management Act any other act 7 administered by the department, the regulations promulgated 8 pursuant thereto or the terms or conditions of any permit. 9 (k) Other remedies.--The remedies provided to the department 10 in this section are in addition to any other remedies provided 11 at law or in equity. 12 (l) County not liable.--Nothing in this section shall be 13 understood or construed as imposing any additional 14 responsibility or liability upon the county for compliance of a 15 municipal waste landfill or resource recovery facility with the 16 requirements of this act, the Solid Waste Management Act and the 17 regulations promulgated pursuant thereto. 18 Section 1109. Trust fund for municipally operated landfills. 19 (a) Establishment of trust.--Except as provided in 20 subsection (b), each municipality or municipal authority 21 operating a landfill solely for municipal waste not classified 22 hazardous shall establish an interest-bearing trust with an 23 accredited financial institution. This trust shall be 24 established within 60 days of the effective date of this act for 25 landfills permitted by the department prior to the effective 26 date of this act. The trust shall be established prior to the 27 operation of any landfill permitted by the department after the 28 effective date of this act. 29 (b) Exemption.--Any municipality or municipal authority that 30 has posted a bond that is consistent with the provisions of the 19870S0528B0581 - 61 -
1 Solid Waste Management Act and the regulations promulgated 2 pursuant thereto shall not be required to establish the trust 3 set forth in this section. 4 (c) Purpose.--The trust created for any landfill by this 5 section may be used only for completing final closure of the 6 landfill according to the permit granted by the department under 7 the Solid Waste Management Act and taking such measures as are 8 necessary to prevent adverse effects upon the environment. Such 9 measures include but are not limited to satisfactory monitoring, 10 postclosure care and remedial measures. 11 (d) Amount.--Each municipality or municipal authority 12 operating a landfill solely for municipal waste not classified 13 hazardous shall pay into the trust on a quarterly basis an 14 amount determined by the department for each ton or cubic yard 15 of solid waste disposed at the landfill. This amount shall be 16 based on the estimated cost of completing final closure of the 17 landfill and the weight or volume of waste to be disposed at the 18 landfill prior to closure. 19 (e) Trustee.--The trustee shall manage the trust in 20 accordance with all applicable laws and regulations, except that 21 moneys in the trust shall be invested in a manner that will 22 allow withdrawals as provided in subsection (g). The trustee 23 shall be a person whose trust activities are examined and 24 regulated by a State or Federal agency. The trustee may resign 25 only after giving 120 days' notice to the department and after 26 the appointment of a new trustee. 27 (f) Trust agreement.--The provisions of the trust agreement 28 shall be consistent with the requirements of this section and 29 shall be provided by the municipality or municipal authority on 30 a form prepared and approved by the department. The trust 19870S0528B0581 - 62 -
1 agreement shall be accompanied by a formal certification of 2 acknowledgment. 3 (g) Withdrawal of funds.--The trustee may release moneys 4 from the trust only upon written request of the municipality or 5 municipal authority. Such request shall include the proposed 6 amount and purpose of the withdrawal and a copy of the 7 department's written approval of the expenditure. A copy of the 8 request shall be provided to the host municipality. A copy of 9 any withdrawal document prepared by the trustee shall be 10 provided to the department and to the host municipality. No 11 withdrawal from this trust may be made until after closure of 12 the landfill. 13 (h) Abandonment of trust.--If the department certifies to 14 the trustee that the municipality or municipal authority has 15 abandoned the operation of the landfill or has failed or refused 16 to comply with the requirements of the Solid Waste Management 17 Act or the regulations promulgated pursuant thereto in any 18 respect, the trustee shall forthwith pay the full amount of the 19 trust to the department. The department may not make such 20 certification unless it has given 30 days' written notice to the 21 municipality or municipal authority and the trustee of the 22 department's intent to do so. 23 (i) Use of abandoned trust.--The department shall expend all 24 moneys collected pursuant to subsection (h) for the purposes set 25 forth in subsection (c). The department may expend money 26 collected from a trust for a landfill only for that landfill. 27 (j) Surplus.--Except for trusts that have been abandoned as 28 provided in subsection (h), any moneys remaining in a trust 29 subsequent to final closure of a landfill under the Solid Waste 30 Management Act and the regulations promulgated pursuant thereto 19870S0528B0581 - 63 -
1 shall, upon certification of final closure by the department, be 2 returned to the municipality or municipal authority. 3 (k) Duty under law.--Nothing in this section shall be 4 understood or construed to in any way relieve the municipality 5 or municipal authority of any duty or obligation imposed by this 6 act, the Solid Waste Management Act, any other act administered 7 by the department, the regulations promulgated pursuant thereto, 8 or the terms or conditions of any permit. 9 (l) Other remedies.--The remedies provided to the department 10 in this section are in addition to any other remedies provided 11 at law or in equity. 12 CHAPTER 13 13 HOST MUNICIPALITY BENEFIT FEE 14 Section 1301. Host municipality benefit fee. 15 (a) Imposition.--There is imposed a host municipality 16 benefit fee upon the operator of each municipal waste landfill 17 or resource recovery facility that receives a new permit or 18 permit that results in additional capacity from the department 19 under the Solid Waste Management Act after the effective date of 20 this act. The fee shall be paid to the host municipality. If the 21 host municipality owns or operates the landfill or facility, the 22 fee shall not be imposed for waste generated within such 23 municipality. If the landfill or facility is located within more 24 than one host municipality, the fee shall be apportioned among 25 them according to the percentage of the permitted area located 26 in each municipality. 27 (b) Amount.--The fee is $1 per ton of weighed solid waste or 28 $1 per three cubic yards of volume-measured solid waste for all 29 solid waste received at a landfill or facility. 30 (c) Municipal options.--Nothing in this section or section 19870S0528B0581 - 64 -
1 1302 shall prevent a host municipality from receiving a higher 2 fee or receiving the fee in a different form or at different 3 times than provided in this section and section 1302, if the 4 host municipality and the operator of the municipal waste 5 landfill or resource recovery facility agree in writing. 6 Section 1302. Form and timing of host municipality benefit fee 7 payment. 8 (a) Quarterly payment.--Each operator subject to section 9 1301 shall make the host municipality benefit fee payment 10 quarterly. The fee shall be paid on or before the twentieth day 11 of April, July, October and January for the three months ending 12 the last day of March, June, September and December. 13 (b) Quarterly reports.--Each host municipality benefit fee 14 payment shall be accompanied by a form prepared and furnished by 15 the department and completed by the operator. The form shall 16 state the weight or volume of solid waste received by the 17 landfill or facility during the payment period and provide any 18 other information deemed necessary by the department to carry 19 out the purposes of the act. The form shall be signed by the 20 operator. A copy of the form shall be sent to the department at 21 the same time that the fee and form are sent to the host 22 municipality. 23 (c) Timeliness of payment.--An operator shall be deemed to 24 have made a timely payment of the host municipality benefit fee 25 if all of the following are met: 26 (1) The enclosed payment is for the full amount owed 27 pursuant to this section, and no further host municipality 28 action is required for collection. 29 (2) The payment is accompanied by the required form, and 30 such form is complete and accurate. 19870S0528B0581 - 65 -
1 (3) The letter transmitting the payment that is received 2 by the host municipality is postmarked by the United States 3 Postal Service on or prior to the final day on which the 4 payment is to be received. 5 (d) Discount.--Any operator that makes a timely payment of 6 the host municipality benefit fee as provided in this section 7 shall be entitled to credit and apply against the fee payable by 8 him a discount of 1% of the amount of the fee collected by him. 9 (e) Alternative proof.--For purposes of this section, 10 presentation of a receipt indicating that the payment was mailed 11 by registered or certified mail on or before the due date shall 12 be evidence of timely payment. 13 Section 1303. Collection and enforcement of fee. 14 (a) Interest.--If an operator fails to make a timely payment 15 of the host municipality benefit fee, the operator shall pay 16 interest on the unpaid amount due at the rate established 17 pursuant section 806 of the act of April 9, 1929 (P.L.343, 18 No.176), known as The Fiscal Code, from the last day for timely 19 payment to the date paid. 20 (b) Additional penalty.--In addition to the interest 21 provided in subsection (a), if an operator fails to make timely 22 payment of the host municipality benefit fee, there shall be 23 added to the amount of fee actually due 5% of the amount of such 24 fee, if the failure to file a timely payment is for not more 25 than one month, with an additional 5% for each additional month, 26 or fraction thereof, during which such failure continues, not 27 exceeding 25% in the aggregate. 28 (c) Assessment notices.--If the host municipality determines 29 that any operator of a municipal waste landfill or resource 30 recovery facility has not made a timely payment of the host 19870S0528B0581 - 66 -
1 municipality benefit fee, it will send a written notice for the 2 amount of the deficiency to such operator within 30 days from 3 the date of determining such deficiency. When the operator has 4 not provided a complete and accurate statement of the weight or 5 volume of solid waste received at the landfill or facility for 6 the payment period, the host municipality may estimate the 7 weight or volume in its deficiency notice. 8 (d) Constructive trust.--All host municipality benefit fees 9 collected by an operator and held by such operator prior to 10 payment to the host municipality shall constitute a trust fund 11 for the host municipality, and such trust shall be enforceable 12 against such operator, its representatives and any person 13 receiving any part of such fund without consideration or with 14 knowledge that the operator is committing a breach of the trust. 15 However, any person receiving payment of lawful obligation of 16 the operator from such fund shall be presumed to have received 17 the same in good faith and without any knowledge of the breach 18 of trust. 19 (e) Manner of collection.--The amount due and owing under 20 section 1301 shall be collectible by the host municipality in 21 the manner provided in section 1509. 22 (f) Remedies cumulative.--The remedies provided to host 23 municipalities in this section are in addition to any other 24 remedies provided at law or in equity. 25 Section 1304. Records. 26 Each operator that is required to pay the Host Municipality 27 Benefit Fee shall keep daily records of all deliveries of solid 28 waste to the landfill or facility, as required by the host 29 municipality, including, but not limited to, the name and 30 address of the hauler, the source of the waste, the kind of 19870S0528B0581 - 67 -
1 waste received and the weight or volume of the waste. Such 2 records shall be maintained in Pennsylvania by the operator for 3 no less than five years and shall be made available to the host 4 municipality for inspection upon request. 5 Section 1305. Surcharge. 6 The provisions of any law to the contrary notwithstanding, 7 the operator of any municipal waste landfill or resource 8 recovery facility subject to section 1301 may collect the host 9 municipality benefit fee as a surcharge on any fee schedule 10 established pursuant to law, ordinance, resolution or contract 11 for solid waste disposal or processing operations at the 12 landfill or facility. In addition, any person who collects or 13 transports solid waste subject to the host municipality benefit 14 fee to a municipal waste landfill or resource recovery facility 15 subject to section 1301 may impose a surcharge on any fee 16 schedule established pursuant to law, ordinance, resolution or 17 contract for the collection or transportation of solid waste to 18 the landfill or facility. The surcharge shall be equal to the 19 increase in processing or disposal fees at the landfill or 20 facility attributable to the host municipality benefit fee. 21 However, interest and penalties on the fee under section 1303(a) 22 and (b) may not be collected as a surcharge. 23 CHAPTER 15 24 ENFORCEMENT AND REMEDIES 25 Section 1501. Unlawful conduct. 26 (a) Offenses defined.--It shall be unlawful for any person 27 to: 28 (1) Violate, or cause or assist in the violation of, any 29 provision of this act, any regulation promulgated hereunder, 30 any order issued hereunder, or the terms or conditions of any 19870S0528B0581 - 68 -
1 municipal waste management plan approved by the department 2 under this act. 3 (2) Fail to adhere to the schedule set forth in, or 4 pursuant to, this act for developing or submitting to the 5 department a municipal waste management plan. 6 (3) Fail to adhere to the schedule set forth in an 7 approved plan for planning, design, siting, construction or 8 operation of municipal waste processing or disposal 9 facilities. 10 (4) Act in a manner that is contrary to the approved 11 county plan or otherwise fail to act in a manner that is 12 consistent with the approved county plan. 13 (5) Fail to make a timely payment of the resource 14 recovery fee or host municipality benefit fee. 15 (6) Hinder, obstruct, prevent or interfere with the 16 department or its personnel in the performance of any duty 17 under this act. 18 (7) Hinder, obstruct, prevent or interfere with host 19 municipalities or their personnel in the performance of any 20 duty related to the collection of the host municipality 21 benefit fee. 22 (8) Violate the provisions of 18 Pa.C.S. § 4903 23 (relating to false swearing) or 4904 (relating to unsworn 24 falsification to authorities) in complying with any provision 25 of this act, including, but not limited to, providing or 26 preparing any information required by this act. 27 (9) Fail to make any payment to the site-specific 28 postclosure fund or the trust fund for municipally operated 29 landfills in accordance with the provisions of this act. 30 (b) Public nuisance.--All unlawful conduct set forth in 19870S0528B0581 - 69 -
1 subsection (a) shall also constitute a public nuisance. 2 Section 1502. Enforcement orders. 3 (a) Issuance.--The department may issue such orders to 4 persons as it deems necessary to aid in the enforcement of the 5 provisions of this act. Such orders may include, but shall not 6 be limited to, orders requiring persons to comply with approved 7 municipal waste management plans and orders requiring compliance 8 with the provisions of this act and the regulations promulgated 9 pursuant thereto. Any order issued under this act shall take 10 effect upon notice, unless the order specifies otherwise. An 11 appeal to the Environmental Hearing Board shall not act as a 12 supersedeas. The power of the department to issue an order under 13 this act is in addition to any other remedy which may be 14 afforded to the department pursuant to this act or any other 15 act. 16 (b) Compliance.--It shall be the duty of any person to 17 proceed diligently to comply with any order issued pursuant to 18 subsection (a). If such person fails to proceed diligently or 19 fails to comply with the order within such time, if any, as may 20 be specified, such person shall be guilty of contempt and shall 21 be punished by the court in an appropriate manner, and for this 22 purpose, application may be made by the department to the 23 Commonwealth Court, which is hereby granted jurisdiction. 24 Section 1503. Restraining violations. 25 (a) Injunctions.--In addition to any other remedies provided 26 in this act, the department may institute a suit in equity in 27 the name of the Commonwealth where unlawful conduct or public 28 nuisance exists for an injunction to restrain a violation of 29 this act, the regulations promulgated pursuant thereto, any 30 order issued pursuant thereto, or the terms or conditions of any 19870S0528B0581 - 70 -
1 approved municipal waste management plan, and to restrain the 2 maintenance or threat of a public nuisance. In any such 3 proceeding, the court shall, upon motion of the Commonwealth, 4 issue a prohibitory or mandatory preliminary injunction if it 5 finds that the defendant is engaging in unlawful conduct as 6 defined by this act or is engaged in conduct which is causing 7 immediate and irreparable harm to the public. The Commonwealth 8 shall not be required to furnish bond or other security in 9 connection with such proceedings. In addition to an injunction, 10 the court, in such equity proceedings, may levy civil penalties 11 as specified in section 1504. 12 (b) Jurisdiction.--In addition to any other remedies 13 provided for in this act, upon relation of any district attorney 14 of any county affected, or upon relation of the solicitor of any 15 county or municipality affected, an action in equity may be 16 brought in a court of competent jurisdiction for an injunction 17 to restrain any and all violations of this act or the 18 regulations promulgated pursuant thereto, or to restrain any 19 public nuisance. 20 (c) Concurrent remedies.--The penalties and remedies 21 prescribed by this act shall be deemed concurrent, and the 22 existence of or exercise of any remedy shall not prevent the 23 department from exercising any other remedy hereunder, at law or 24 in equity. 25 (d) Venue.--Actions instituted under this section may be 26 filed in the appropriate court of common pleas or in the 27 Commonwealth Court, which courts are hereby granted jurisdiction 28 to hear such actions. 29 Section 1504. Civil penalties. 30 (a) Assessment.--In addition to proceeding under any other 19870S0528B0581 - 71 -
1 remedy available at law or in equity for a violation of any 2 provision of this act, the regulations promulgated hereunder, 3 any order of the department issued hereunder, or any term or 4 condition of an approved municipal waste management plan, the 5 department may assess a civil penalty upon a person for such 6 violation. Such a penalty may be assessed whether or not the 7 violation was willful or negligent. In determining the amount of 8 the penalty, the department shall consider the willfulness of 9 the violation; the effect on the municipal waste planning 10 process; damage to air, water, land or other natural resources 11 of this Commonwealth or their uses; cost of restoration and 12 abatement; savings resulting to the person in consequence of 13 such violation; deterrence of future violations; and other 14 relevant factors. If the violation leads to issuance of a 15 cessation order, a civil penalty shall be assessed. 16 (b) Notice.--When the department assesses a civil penalty, 17 it shall inform the person of the amount of the penalty. The 18 person charged with the penalty shall then have 30 days to pay 19 the penalty in full or, if the person wishes to contest either 20 the amount of the penalty or the fact of the violation, the 21 person shall, within such 30-day period, file an appeal of such 22 action with the Environmental Hearing Board. Failure to appeal 23 within 30 days shall result in a waiver of all legal rights to 24 contest the violation or the amount of the penalty. The maximum 25 civil penalty which may be assessed pursuant to this section is 26 $10,000 per day per violation. Each violation for each separate 27 day and each violation of any provision of this act, any 28 regulation promulgated hereunder, any order issued hereunder, or 29 the terms or conditions of any approved municipal waste 30 management plan shall constitute a separate offense under this 19870S0528B0581 - 72 -
1 section. 2 Section 1505. Criminal penalties. 3 (a) Summary offense.--Any person, other than a municipal 4 official exercising his official duties, who violates any 5 provision of this act, any regulation promulgated hereunder, any 6 order issued hereunder, or the terms or conditions of any 7 approved municipal waste management plan shall, upon conviction 8 thereof in a summary proceeding, be sentenced to pay a fine of 9 not less than $100 and not more than $1,000 and costs and, in 10 default of the payment of such fine and costs, to undergo 11 imprisonment for not more than 30 days. 12 (b) Misdemeanor offense.--Any person, other than a municipal 13 official exercising his official duties, who violates any 14 provision of this act, any regulation promulgated hereunder, any 15 order issued hereunder, or the terms or conditions of any 16 approved municipal waste management plan, commits a misdemeanor 17 of the third degree and shall, upon conviction, be sentenced to 18 pay a fine of not less than $1,000 but not more than $10,000 per 19 day for each violation or to imprisonment for a period of not 20 more than one year, or both. 21 (c) Second or subsequent offense.--Any person, other than a 22 municipal official exercising his official duties who, within 23 two years after a conviction of a misdemeanor for any violation 24 of this act, violates any provision of this act, any regulation 25 promulgated hereunder, any order issued hereunder, or the terms 26 or conditions of any approved municipal waste management plan, 27 commits a misdemeanor of the second degree and shall, upon 28 conviction, be sentenced to pay a fine of not less than $2,500 29 nor more than $25,000 for each violation or to imprisonment for 30 a period of not more than two years, or both. 19870S0528B0581 - 73 -
1 (d) Violations to be separate offense.--Each violation for 2 each separate day and each violation of any provision of this 3 act, any regulation promulgated hereunder, any order issued 4 hereunder, or the terms or conditions of any approved municipal 5 waste management plan, shall constitute a separate offense under 6 subsections (a), (b) and (c). 7 Section 1506. Existing rights and remedies preserved; 8 cumulative remedies authorized. 9 Nothing in this act shall be construed as estopping the 10 Commonwealth, or any district attorney of a county or solicitor 11 of a municipality, from proceeding in courts of law or equity to 12 abate pollution forbidden under this act, or abate nuisances 13 under existing law. It is hereby declared to be the purpose of 14 this act to provide additional and cumulative remedies to 15 control municipal waste planning and management within this 16 Commonwealth, and nothing contained in this act shall in any way 17 abridge or alter rights of action or remedies now or hereafter 18 existing in equity, or under the common law or statutory law, 19 criminal or civil. Nothing in this act, or the approval of any 20 municipal waste management plan under this act, or any act done 21 by virtue of this act, shall be construed as estopping the 22 Commonwealth or persons in the exercise of their rights under 23 the common law or decisional law or in equity, from proceeding 24 in courts of law or equity to suppress nuisances, or to abate 25 any pollution now or hereafter existing, or to enforce common 26 law or statutory rights. No court of this Commonwealth having 27 jurisdiction to abate public or private nuisances shall be 28 deprived of such jurisdiction in any action to abate any private 29 or public nuisance instituted by any person for the reason that 30 such nuisance constitutes air or water pollution. 19870S0528B0581 - 74 -
1 Section 1507. Production of materials; recordkeeping 2 requirements. 3 The department and its agents and employees shall: 4 (1) Have access to, and require the production of, books 5 and papers, documents, and physical evidence pertinent to any 6 matter under investigation. 7 (2) Require any person engaged in the municipal waste 8 management or municipal waste planning to establish and 9 maintain such records and make such reports and furnish such 10 information as the department may prescribe. 11 Section 1508. Withholding of State funds. 12 In addition to any other penalties provided in this act, the 13 department may notify the State Treasurer to withhold payment of 14 all or any portion of funds payable to the municipality by the 15 department from the General Fund or any other fund if the 16 municipality has engaged in any unlawful conduct under section 17 1501. Upon notification, the State Treasurer shall hold in 18 escrow such moneys due to such municipality until such time as 19 the department notifies the State Treasurer that the 20 municipality has complied with such requirement or schedule. 21 Section 1509. Collection of fines, fees, etc. 22 (a) Lien.--All fines, fees, interest and penalties and any 23 other assessments shall be collectible in any manner provided by 24 law for the collection of debts. If the person liable to pay any 25 such amount neglects or refuses to pay the same after demand, 26 the amount, together with interest and any costs that may 27 accrue, shall be a judgment in favor of the Commonwealth or the 28 host municipality, as the case may be, upon the property of such 29 person, but only after same has been entered and docketed of 30 record by the prothonotary of the county where such property is 19870S0528B0581 - 75 -
1 situated. The department or host municipality, as the case may 2 be, may at any time transmit to the prothonotaries of the 3 respective counties certified copies of all such judgments, and 4 it shall be the duty of each prothonotary to enter and docket 5 the same of record in his office, and to index the same as 6 judgments are indexed, without requiring the payment of costs as 7 a condition precedent to the entry thereof. 8 (b) Deposit of fines.--All fines collected pursuant to 9 sections 1504 and 1505 shall be paid into the Solid Waste 10 Abatement Fund. 11 Section 1510. Right of citizen to intervene in proceedings. 12 Any citizen of this Commonwealth having an interest which is 13 or may be adversely affected shall have the right on his own 14 behalf, without posting bond, to intervene in any action brought 15 pursuant to section 1503 or 1504. 16 CHAPTER 17 17 MISCELLANEOUS PROVISIONS 18 Section 1701. Severability. 19 The provisions of this act are severable. If any provision of 20 this act or its application to any person or circumstance is 21 held invalid, the invalidity shall not affect other provisions 22 or applications of this act which can be given effect without 23 the invalid provision or application. 24 Section 1702. Repeals. 25 (a) Absolute repeals.--The last sentence in section 201(b), 26 section 201(f) through (l) and sections 202 and 203 of the act 27 of July 7, 1980 (P.L.380, No.97), known as the Solid Waste 28 Management Act, are repealed. 29 (b) Inconsistent repeals.--Except as provided in section 30 501(c) of this act, the first through fourth sentences of 19870S0528B0581 - 76 -
1 section 201(b) and section 201(c), (d) and (e) of the act of 2 July 7, 1980 (P.L.380, No.97), known as the Solid Waste 3 Management Act, are repealed insofar as they are inconsistent 4 with this act. 5 Section 1703. Effective date. 6 This act shall take effect in 60 days. B24L27RZ/19870S0528B0581 - 77 -