PRINTER'S NO. 1064
No. 952 Session of 1991
INTRODUCED BY D. R. WRIGHT, COHEN, S. H. SMITH, FAIRCHILD,
STABACK, BELARDI, PETRARCA, PETRONE, PISTELLA, RICHARDSON,
TRELLO, PESCI, BILLOW, CALTAGIRONE, COLAIZZO, JOSEPHS, LUCYK,
LaGROTTA, GRUITZA, MAYERNIK, FREEMAN, CARONE, KASUNIC, RUDY,
KRUSZEWSKI, OLASZ, FARGO, STAIRS, BUSH, FOX, CIVERA, HANNA,
D. W. SNYDER, SERAFINI AND PHILLIPS, APRIL 2, 1991
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 2, 1991
AN ACT
1 Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An
2 act establishing the Environmental Hearing Board as an
3 independent, quasi-judicial agency; providing for the
4 membership and staff, the powers and duties, the seats and
5 the existing members of the board; transferring certain
6 funds; and making repeals," further providing for the
7 Environmental Hearing Board.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 3 of the act of July 13, 1988 (P.L.530,
11 No.94), known as the Environmental Hearing Board Act, is amended
12 by adding a subsection to read:
13 Section 3. Board.
14 * * *
15 (h) Evidentiary burden; standard of review.--In any third-
16 party appeal of a department order or decision issuing a permit
17 for the disposal, processing or storage of residual or hazardous
18 waste pursuant to the act of July 7, 1980 (P.L.380, No.97),
1 known as the Solid Waste Management Act, or the act of October
2 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
3 Act, the burden of proof and the burden of going forward shall
4 be on the department as the permittee. In reviewing the
5 department's action, the board shall consider the following
6 factors:
7 (1) whether the department gave the highest possible
8 consideration to protecting the public health, safety and
9 welfare and the environment;
10 (2) whether there was compliance with all applicable
11 environmental statutes and rules and regulations;
12 (3) whether the applicant demonstrated a good faith
13 effort to minimize potential harm to the environment,
14 including, but not limited to, alternative methods of
15 disposal; and
16 (4) whether the department's decision violates people's
17 right to clean air, pure water and the preservation of
18 natural, scenic, historic and aesthetic values of the
19 environment as guaranteed by section 27 of Article I of the
20 Constitution of Pennsylvania.
21 Section 2. This act shall take effect in 60 days.
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