PRINTER'S NO. 2169
No. 1709 Session of 2005
INTRODUCED BY GEORGE, CALTAGIRONE, FREEMAN, GOODMAN, GRUCELA,
JAMES, JOSEPHS, LaGROTTA, LEVDANSKY, PRESTON, SHANER,
SOLOBAY, SURRA, TIGUE, WALKO, WANSACZ AND YOUNGBLOOD,
JUNE 13, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 13, 2005
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," further
18 providing for denial of permits.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 503(c) of the act of July 7, 1980
22 (P.L.380, No.97), known as the Solid Waste Management Act, is
23 amended to read:
24 Section 503. Granting, denying, renewing, modifying, revoking
1 and suspending permits and licenses.
2 * * *
3 (c) (1) In carrying out the provisions of this act, the
4 department may deny, suspend, modify, or revoke any permit or
5 license if it finds that the applicant, permittee or licensee
6 has failed or continues to fail to comply with any provision
7 of this act, the act of June 22, 1937 (P.L.1987, No.394),
8 known as "The Clean Streams Law," the act of January 8, 1960
9 (1959 P.L.2119, No.787), known as the "Air Pollution Control
10 Act," and the act of November 26, 1978 (P.L.1375, No.325),
11 known as the "Dam Safety and Encroachments Act," or any
12 other state or Federal statute relating to environmental
13 protection or to the protection of the public health, safety
14 and welfare; or any rule or regulation of the department; or
15 any order of the department; or any condition of any permit
16 or license issued by the department; or if the department
17 finds that the applicant, permittee or licensee has shown a
18 lack of ability or intention to comply with any provision of
19 this act or any of the acts referred to in this subsection or
20 any rule or regulation of the department or order of the
21 department, or any condition of any permit or license issued
22 by the department as indicated by past or continuing
23 violations. In the case of a corporate applicant, permittee
24 or licensee, the department may deny the issuance of a
25 license or permit if it finds that a principal of the
26 corporation was a principal of another corporation which
27 committed past violations of this act.
28 (2) The department shall deny a solid waste permit for a
29 municipal waste landfill or resource recovery facility to an
30 applicant who has ever received a permit from the department
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1 or for any facility situated on land that has ever been
2 subject to a permit from the department if:
3 (i) the Commonwealth incurred expense as a result of
4 pollution that is ongoing at the permitted site;
5 (ii) the applicant or current or former landowner or
6 principal of the applicant or current or former landowner
7 can expect to profit from issuance of the proposed
8 permit; and
9 (iii) the applicant has ever forfeited a permit-
10 related bond or financial guarantee to the Commonwealth
11 or the facility is situated on land that has ever been
12 the subject of a permit-related bond or financial
13 guarantee to the Commonwealth that has been forfeited.
14 * * *
15 Section 2. This act shall take effect in 60 days.
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