PRINTER'S NO. 409
No. 399 Session of 1999
INTRODUCED BY BOSCOLA, COSTA, KASUNIC, O'PAKE, STOUT AND SLOCUM, FEBRUARY 16, 1999
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 16, 1999
AN ACT 1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An 2 act providing for the planning and regulation of solid waste 3 storage, collection, transportation, processing, treatment, 4 and disposal; requiring municipalities to submit plans for 5 municipal waste management systems in their jurisdictions; 6 authorizing grants to municipalities; providing regulation of 7 the management of municipal, residual and hazardous waste; 8 requiring permits for operating hazardous waste and solid 9 waste storage, processing, treatment, and disposal 10 facilities; and licenses for transportation of hazardous 11 waste; imposing duties on persons and municipalities; 12 granting powers to municipalities; authorizing the 13 Environmental Quality Board and the Department of 14 Environmental Resources to adopt rules, regulations, 15 standards and procedures; granting powers to and imposing 16 duties upon county health departments; providing remedies; 17 prescribing penalties; and establishing a fund," adding 18 definitions; and further providing for submission of plans 19 and permits, for permits and licenses required, for granting 20 of permits and licenses and for bonds. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Section 103 of the act of July 7, 1980 (P.L.380, 24 No.97), known as the Solid Waste Management Act, is amended by 25 adding definitions to read: 26 Section 103. Definitions.
1 The following words and phrases when used in this act shall 2 have, unless the context clearly indicates otherwise, the 3 meanings given to them in this section: 4 * * * 5 "Affected municipality." A municipality within one mile of a 6 proposed municipal waste landfill, that is on an approach route 7 to a municipal waste landfill regulated by this act, or that is 8 otherwise adversely impacted by a facility. 9 * * * 10 "Host municipality." The municipality other than the county 11 within which a municipal waste landfill is located or is 12 proposed to be located. 13 * * * 14 Section 2. Sections 502 and 503 of the act are amended by 15 adding subsections to read: 16 Section 502. Permit and license application requirements. 17 * * * 18 (d.1) The application shall include all records, reports, 19 information and dispositions relating to violations of 75 20 Pa.C.S. Pt. IV (relating to vehicle characteristics). Such 21 information shall be considered by the department when 22 considering an application under this section. 23 * * * 24 Section 503. Granting, denying, renewing, modifying, revoking 25 and suspending permits and licenses. 26 * * * 27 (b.1) No permit shall be issued for the siting of a new 28 municipal waste landfill or the expansion of an existing 29 municipal waste landfill in a municipality where a referendum 30 has been conducted pursuant to section 504.1 and the electorate 19990S0399B0409 - 2 -
1 has voted against the siting of a new municipal waste landfill 2 or the expansion of an existing municipal waste landfill. 3 * * * 4 (c.1) In carrying out the provisions of this act, the 5 department may deny, suspend, modify, or revoke any permit or 6 license if it finds that the applicant, permittee or licensee 7 has failed or continues to fail to comply with the provisions of 8 75 Pa.C.S. Pt. IV (relating to vehicle characteristics). 9 * * * 10 (f) Any permit issued under this act for the operation of a 11 municipal waste landfill will be issued for a fixed term 12 consistent with the approved operation and design plans of a 13 municipal waste landfill and not to exceed ten years. No 14 municipal waste may be disposed of or processed at such a 15 landfill after the expiration of its permit term. Expiration of 16 the permit term shall not limit the operator's responsibility 17 for complying with requirements under this act, the 18 environmental protection acts, regulations thereunder or the 19 terms or conditions of its permits. The department shall, from 20 time to time, but at intervals not to exceed two years, review a 21 permit issued to a municipal waste landfill under this act. In 22 its review, the department shall evaluate the permit to 23 determine whether it reflects currently applicable operating 24 requirements as well as current technology and management 25 practices. The department may require modification, suspension 26 or revocation of the permit when necessary to carry out the 27 purposes of this act or the environmental protection acts. 28 Section 3. The act is amended by adding a section to read: 29 Section 504.1. Referendum on siting of municipal waste 30 landfills or expansion of existing municipal 19990S0399B0409 - 3 -
1 waste landfills. 2 (a) Prior to the approval of an application for a permit to 3 operate a municipal waste landfill or a permit to expand an 4 existing municipal waste landfill's capacity by the governing 5 body or the department, the county board of elections shall 6 conduct a binding referendum in the host municipality and all 7 affected municipalities. The department shall not issue such a 8 permit if a majority of the municipalities participating in the 9 referendum reject the proposed siting or expansion by a majority 10 vote of the electors in each municipality. 11 (b) The binding referendum shall be conducted at the first 12 primary, municipal or general election occurring at least 60 13 days after the department has notified the host county that it 14 has received an application for a permit to operate a municipal 15 waste landfill or to expand the capacity of an existing 16 facility. 17 (c) The results of the binding referendum shall be 18 transmitted to the department, the governing body of the county, 19 the host municipality and all affected municipalities. 20 (d) Procedures under this section shall be in accordance 21 with the act of June 3, 1937 (P.L.1333, No.320), known as the 22 "Pennsylvania Election Code." 23 Section 4. Section 505 of the act, amended July 11, 1990 24 (P.L.450, No.109), is amended to read: 25 Section 505. Bonds. 26 (a) With the exception of municipalities operating landfills 27 solely for municipal waste not classified hazardous, prior to 28 the commencement of operations, the operator of a municipal or 29 residual waste processing or disposal facility or of a hazardous 30 waste storage, treatment or disposal facility for which a permit 19990S0399B0409 - 4 -
1 is required by this section shall file with the department a 2 bond for the land affected by such facility on a form prescribed 3 and furnished by the department. Such bond shall be payable to 4 the Commonwealth and conditioned so that the operator shall 5 comply with the requirements of this act, the act of June 22, 6 1937 (P.L.1987, No.394), known as "The Clean Streams Law," the 7 act of May 31, 1945 (P.L.1198, No.418), known as the "Surface 8 Mining Conservation and Reclamation Act," the act of January 8, 9 1960 (1959 P.L.2119, No.787), known as the "Air Pollution 10 Control Act," and the act of November 26, 1978 (P.L.1375, 11 No.325), known as the "Dam Safety and Encroachments Act." The 12 department may require additional bond amounts for the permitted 13 areas should such an increase be determined by the department to 14 be necessary to meet the requirements of this act. The amount of 15 the bond required shall be in an amount determined by the 16 secretary based upon the total estimated cost to the 17 Commonwealth of completing final closure according to the permit 18 granted to such facility and such measures as are necessary to 19 prevent adverse effects upon the environment; such measures 20 include but are not limited to satisfactory monitoring, post- 21 closure care, and remedial measures. The bond amount shall 22 reflect the additional cost to the Commonwealth which may be 23 entailed by being required to bring personnel and equipment to 24 the site. All permits shall be bonded for at least [$10,000] 25 $50,000. Liability under such bond shall be for the duration of 26 the operation, and for a period of up to [ten] 15 full years 27 after final closure of the permit site. Such bond shall be 28 executed by the operator and a corporate surety licensed to do 29 business in the Commonwealth and approved by the secretary: 30 Provided, however, That the operator may elect to deposit cash, 19990S0399B0409 - 5 -
1 certificates of deposit, automatically renewable irrevocable 2 letters of credit which are terminable only upon 90 days written 3 notice to the operator and the department, or negotiable bonds 4 of the United States Government or the Commonwealth of 5 Pennsylvania, the Pennsylvania Turnpike Commission, the General 6 State Authority, the State Public School Building Authority, or 7 any municipality within the Commonwealth, with the department in 8 lieu of a corporate surety. The cash amount of such deposit, 9 irrevocable letters of credit or market value of such securities 10 shall be equal at least to the sum of the bond. The secretary 11 shall, upon receipt of any such deposit of cash or negotiable 12 bonds, immediately place the same with the State Treasurer, 13 whose duty it shall be to receive and hold the same in the name 14 of the Commonwealth, in trust, for the purposes for which such 15 deposit is made. The State Treasurer shall at all times be 16 responsible for the custody and safekeeping of such deposits. 17 The operator making the deposit shall be entitled from time to 18 time to demand and receive from the State Treasurer, on the 19 written order of the secretary, the whole or any portion of any 20 collateral so deposited, upon depositing with him, in lieu 21 thereof, other collateral of the classes herein specified having 22 a market value at least equal to the sum of the bond, also to 23 demand, receive and recover the interest and income from said 24 negotiable bonds as the same becomes due and payable: Provided, 25 however, That where negotiable bonds, deposited as aforesaid, 26 mature or are called, the State Treasurer, at the request of the 27 permittee, shall convert such negotiable bonds into such other 28 negotiable bonds of the classes herein specified as may be 29 designated by the permittee: And provided further, That where 30 notice of intent to terminate a letter of credit is given, the 19990S0399B0409 - 6 -
1 department shall, after 30 days written notice to the operator 2 and in the absence of a replacement of such letter of credit 3 within such 30-day period by the operator with other acceptable 4 bond guarantees provided herein, draw upon and convert such 5 letter of credit into cash and hold it as a collateral bond 6 guarantee. In addition to criteria contained in department 7 regulations governing the adjustment of bond or trust amounts 8 and bond forfeiture, the department may require an operator to 9 deposit additional bond or trust amounts based on the compliance 10 history of the facility. 11 (a.1) The department may provide by regulation that the 12 amount of the bond required also reflect the potential 13 liabilities and costs associated with the transportation of 14 solid waste to a facility. 15 (b) In the case of applications for permits where the 16 department determines that the operations are reasonably 17 anticipated to continue for a period of at least ten years from 18 the date of application, the operator may elect to deposit 19 collateral and file a collateral bond as provided in subsection 20 (a) according to the following phase deposit schedule. The 21 operator shall, prior to commencing operations, deposit 22 [$10,000] $50,000 or [25%] 50% of the amount of the bond 23 determined under subsection (a), whichever is greater. The 24 operator shall, thereafter, annually deposit 10% of the 25 remaining bond amount for a period of ten years. Interest 26 accumulated by such collateral shall become a part of the bond. 27 The department may require additional bonding at any time to 28 meet the intent of subsection (a). The collateral shall be 29 deposited in trust, with the State Treasurer as provided in 30 subsection (a) or with a bank, selected by the department, which 19990S0399B0409 - 7 -
1 shall act as trustee for the benefit of the Commonwealth, 2 according to rules and regulations promulgated hereunder, to 3 guarantee the operator's compliance with this act and the 4 statutes enumerated in subsection (a). The operator shall be 5 required to pay all costs of the trust. The collateral deposit, 6 or part thereof, shall be released of liability and returned to 7 the operator, together with a proportional share of accumulated 8 interest, upon the conditions of and pursuant to the schedule 9 and criteria for release provided in this act. 10 (c) The operator shall, prior to commencing operations on 11 any additional land exceeding the estimate made in the 12 application for a permit, file an additional application and 13 bond. Upon receipt of such additional application and related 14 documents and information as would have been required for the 15 additional land had it been included in the original application 16 for a permit and should all the requirements of this act be met 17 as were necessary to secure the permit, the secretary shall 18 promptly issue an amended permit covering the additional acreage 19 covered by such application, and shall determine the additional 20 bond requirement therefor. 21 (d) If the operator abandons the operation of a municipal or 22 residual waste processing or disposal facility or a hazardous 23 waste storage, treatment or disposal facility for which a permit 24 is required by this section or if the permittee fails or refuses 25 to comply with the requirements of this act in any respect for 26 which liability has been charged on the bond, the secretary 27 shall declare the bond forfeited and shall certify the same to 28 the Department of Justice which shall proceed to enforce and 29 collect the amount of liability forfeited thereon, and where the 30 operation has deposited cash or securities as collateral in lieu 19990S0399B0409 - 8 -
1 of a corporate surety, the secretary shall declare said
2 collateral forfeited and shall direct the State Treasurer to pay
3 said funds into the Waste Abatement Fund. Should any corporate
4 surety fail to promptly pay, in full, forfeited bond, it shall
5 be disqualified from writing any further surety bonds under this
6 act.
7 (e) Prior to the issuance of any license for the
8 transportation of hazardous waste, the applicant for a license
9 shall file with the department a collateral bond on a form
10 prescribed and furnished by the department. Such bond shall be
11 payable to the Commonwealth and conditioned upon compliance by
12 the licensee with every requirement of this act, rule and
13 regulation of the department, order of the department and term
14 and condition of the license. The amount of the bond required
15 shall be in an amount determined by the secretary, but in an
16 amount no less than [$10,000] $50,000. The department may
17 require additional bond amounts if the department determines
18 such additional amounts are necessary to guarantee compliance
19 with this act. The licensee may elect to deposit cash or
20 automatically renewable irrevocable letters of credit which are
21 terminable only upon 90 days written notice to the operator and
22 the department, or negotiable bonds of the United States
23 Government or the Commonwealth of Pennsylvania, the Pennsylvania
24 Turnpike Commission, the General State Authority, the State
25 Public School Building Authority, or any municipality within the
26 Commonwealth. No corporate surety bond is authorized by this
27 subsection. The cash amount of such deposit, irrevocable letters
28 of credit, or market value of such securities shall be equal at
29 least to the sum of the bond. The secretary shall, upon receipt
30 of any such deposit of cash or negotiable bonds, immediately
19990S0399B0409 - 9 -
1 place the same with the State Treasurer, whose duty it shall be 2 to receive and hold the same in the name of the Commonwealth, in 3 trust, for the purposes for which such deposit is made. The 4 State Treasurer shall at all times be responsible for the 5 custody and safekeeping of such deposits. The licensee making 6 the deposit shall be entitled from time to time to demand and 7 receive from the State Treasurer, on the written order of the 8 secretary, the whole or any portion of any collateral so 9 deposited, upon depositing with him, in lieu thereof, other 10 collateral of the classes herein specified having a market value 11 at least equal to the sum of the bond, also to demand, receive 12 and recover the interest and income from said negotiable bonds 13 as the same becomes due and payable: Provided, however, That 14 where negotiable bonds, deposited as aforesaid, mature or are 15 called, the State Treasurer, at the request of the licensee, 16 shall convert such negotiable bonds into such other negotiable 17 bonds of the classes herein specified as may be designated by 18 the licensee: And provided further, That where notice of intent 19 to terminate a letter of credit is given, the department shall, 20 after 30 days written notice to the licensee and in the absence 21 of a replacement of such letter of credit within such 30-day 22 period by the licensee with other acceptable bond guarantees 23 provided herein, draw upon and convert such letter of credit 24 into cash and hold it as a collateral bond guarantee. Liability 25 under such bond shall be for the duration of the license and for 26 a period of one year after the expiration of the license. 27 (f) Notwithstanding any other provisions of this act, when 28 an application for the land application of sewage sludge is made 29 by a municipality or a municipal authority, the filing of a bond 30 with the department shall not be required as a condition for 19990S0399B0409 - 10 -
1 issuance of a permit to the municipality or municipal authority 2 for the application of the sewage sludge for land reclamation or 3 agricultural utilization purposes. 4 Section 5. This act shall take effect in 60 days. A14L35SFL/19990S0399B0409 - 11 -