PRINTER'S NO. 386
No. 373 Session of 1999
INTRODUCED BY GEORGE, DeWEESE, SURRA, PESCI, SHANER, GIGLIOTTI,
TRAVAGLIO, FEESE, SANTONI, FAIRCHILD, HARHAI, CASORIO,
GORDNER, EACHUS, TRELLO, BARD, WALKO, ORIE, DeLUCA,
TANGRETTI, WOJNAROSKI, STEELMAN, McCALL, MELIO, M. COHEN,
YUDICHAK, FREEMAN, RUFFING, LEVDANSKY, GRUCELA, SOLOBAY AND
DALEY, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 8, 1999
AN ACT
1 Establishing a moratorium on the issuance of certain permits
2 relating to municipal waste landfills; and providing for
3 rescission of unused capacity, for municipal control and for
4 rebuttable presumptions and defenses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Municipal
9 Solid Waste Control Act.
10 Section 2. Purpose.
11 The General Assembly declares the purposes of this act as
12 follows:
13 (1) To provide municipalities across this Commonwealth
14 with the ability to control the disposal of solid waste in
15 their communities.
16 (2) To ensure the protection of public health and
1 safety.
2 (3) To provide a means of reconciling the amount of
3 solid waste that is disposed of in this Commonwealth with the
4 amount of solid waste that is permitted to be disposed of in
5 this Commonwealth.
6 (4) To provide municipalities with the ability to impose
7 restrictions upon solid waste disposal facilities within
8 their borders.
9 (5) To preserve and extend the existing solid waste
10 disposal capacity within this Commonwealth.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Daily volume." The amount of solid waste actually disposed
16 of each day at a facility.
17 "Department." The Department of Environmental Protection of
18 the Commonwealth.
19 "Facility." A municipal waste landfill,
20 construction/demolition waste landfill, resource recovery
21 facility or commercial residual waste disposal facility.
22 "Host municipality." A city, borough, incorporated town,
23 township or home rule municipality within which a facility is
24 located or proposed to be located or has been permitted but not
25 constructed.
26 "Permitted daily volume." The amount of solid waste
27 permitted by the Department of Environmental Protection to be
28 disposed of at a facility each day.
29 "Region." The geographical area designated by the Department
30 of Environmental Protection for each of its regional field
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1 operations.
2 "Secretary." The Secretary of Environmental Protection of
3 the Commonwealth.
4 "Solid waste." Solid waste as defined in the act of July 7,
5 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
6 Section 4. Moratorium.
7 Until such time that the Environmental Quality Board
8 publishes rules and regulations to implement this act:
9 (1) The department shall not accept an application for a
10 permit modification nor issue a permit or permit modification
11 under the act of July 7, 1980 (P.L.380, No.97), known as the
12 Solid Waste Management Act, for the construction, expansion
13 or operation of a facility.
14 (2) The department shall not accept for review nor issue
15 a permit modification that would result in an increase in
16 average daily volume or maximum daily volume at a facility.
17 Section 5. Rescission of unused capacity.
18 (a) Duty of secretary.--The secretary shall rescind
19 permitted daily volume amounts which exceed the actual daily
20 volume amounts as calculated by the department in accordance
21 with subsection (b).
22 (b) Calculations by department.--The department shall
23 calculate actual daily volume amounts by averaging the disposal
24 of actual daily volume at each facility for the preceding 12-
25 month period. Any amount of daily volume in excess of the
26 determined actual daily volume shall be subject to the
27 rescission under subsection (a).
28 Section 6. Municipality control.
29 (a) Denial of permits.--The governing body of a host
30 municipality shall deny any permit or permit modification for a
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1 facility located in the municipality, except as provided in
2 subsection (b).
3 (b) Exception for public need.--
4 (1) The host municipality may not deny a permit or
5 permit modification of a facility located in the municipality
6 if the department determines that there is a public need for
7 the additional capacity contained within that permit or
8 permit modification. The public need for additional capacity
9 shall be determined by the department, at least every three
10 years, by totaling the available disposal capacity within
11 that region. If the total disposal capacity within that
12 region is at or below the two-year capacity, the department
13 may issue a certificate of public need which shall override
14 any host municipality denials of permits or permit
15 modifications.
16 (2) The department may issue permits and permit
17 modifications within that region until such time as the
18 permitted capacity within that region reaches the seven-year
19 capacity.
20 (c) Public hearing.--
21 (1) If the department determines to issue a certificate
22 of public need under subsection (b), the department shall
23 conduct at least one public hearing in the host municipality
24 before the permit or permit modification is approved. The
25 public hearing shall be scheduled with a minimum of 30 days'
26 public notice prior to the hearing date. A comment period of
27 not less than 60 days shall be provided to accept written
28 comments on the permit or permit modification.
29 (2) At the public hearing, the department shall present
30 information, including, but not limited to:
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1 (i) The nature of the proposed facility.
2 (ii) The site of the proposed facility or expansion
3 of existing facility.
4 (iii) The potential generators of waste.
5 (iv) The life expectancy of the proposed facility or
6 expansion of existing facility.
7 (v) An explanation of the host municipality's rights
8 with regard to abatement of nuisances at the facility,
9 including, but not limited to, traffic problems, litter,
10 odors, noise, dust or other nuisances that may emanate
11 from the facility or that may increase daily volume at
12 the facility.
13 Section 7. Rebuttable presumption and defenses.
14 (a) Liability of facility operator.--It shall be rebuttably
15 presumed, as a matter of law, that a facility operator is liable
16 without proof of fault, negligence or causation for all
17 pollution or diminution of public or private water supplies
18 within 2,500 linear feet of the boundaries of the facility.
19 (b) Defenses limited.--There shall only be five defenses to
20 the rebuttable presumption of liability provided for in
21 subsection (a). A facility operator must affirmatively prove by
22 a preponderance of evidence that one of the following conditions
23 exists:
24 (1) The landowner is not within 2,500 linear feet of the
25 facility boundary.
26 (2) The landowner or water supply company refused to
27 allow the facility operator access to conduct a survey prior
28 to commencing operations.
29 (3) The pollution or diminution existed prior to
30 facility operation as determined by a survey conducted prior
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1 to commencing facility operations.
2 (4) The pollution or diminution occurred as a result of
3 some cause other than the facility operation.
4 (5) The landowner, water supply user or water company
5 refused to allow the facility operator access to determine
6 the cause of pollution or diminution or to replace or restore
7 the water supply.
8 Section 8. Repeal.
9 All acts and parts of acts are repealed insofar as they are
10 inconsistent with this act.
11 Section 9. Effective date.
12 This act shall take effect in 60 days.
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