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