PRINTER'S NO. 3919
No. 2832 Session of 1998
INTRODUCED BY S. H. SMITH, McNAUGHTON, SURRA, BARD, BOSCOLA,
CALTAGIRONE, CHADWICK, DALEY, DALLY, DeLUCA, EGOLF, FARGO,
GEORGE, GIGLIOTTI, GORDNER, GRUITZA, HASAY, HUTCHINSON,
LYNCH, MAJOR, MASLAND, McCALL, McGILL, NAILOR, PESCI,
PETRONE, SEMMEL, B. SMITH, STEELMAN, ZUG, HESS, E. Z. TAYLOR,
C. WILLIAMS, YOUNGBLOOD, SAYLOR AND GRUPPO,
SEPTEMBER 30, 1998
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 30, 1998
AN ACT
1 Providing for a three-year moratorium on the issuance of certain
2 permits for landfills and resource recovery facilities and
3 commercial residual waste disposal facilities; imposing a
4 Statewide capacity cap; requiring host municipality
5 agreements for certain municipal and residual waste permits;
6 establishing a fee and bonding for vehicles that collect and
7 transport municipal and residual waste to certain municipal
8 waste disposal and processing facilities; and developing a
9 manifest system for mixed waste.
10 TABLE OF CONTENTS
11 Section 1. Short title.
12 Section 2. Legislative findings.
13 Section 3. Definitions.
14 Section 4. Construction of act.
15 Section 5. Moratorium.
16 Section 6. Statewide capacity cap.
17 Section 7. Host municipality agreements.
18 Section 8. Transporter program.
1 Section 9. Manifest system.
2 Section 10. Enforcement.
3 Section 11. Civil penalties.
4 Section 12. Regulations.
5 Section 13. Severability.
6 Section 14. Repeals.
7 Section 15. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Municipal
12 Waste Facilities and Transportation Act.
13 Section 2. Legislative findings.
14 (a) Legislative findings.--The General Assembly finds and
15 declares as follows:
16 (1) Improper municipal waste practices create public
17 health hazards and environmental pollution and cause
18 irreparable harm to the public health, safety and welfare.
19 (2) All aspects of solid waste management, particularly
20 the disposition of solid waste, pose a critical threat to the
21 health, safety and welfare of the citizens of this
22 Commonwealth when solid waste is improperly managed.
23 (3) The Commonwealth is responsible for the protection
24 of the health, safety and welfare of its citizens concerning
25 solid waste management.
26 (4) The construction and expansion of municipal waste
27 landfills, construction/demolition waste landfills and
28 commercial residual waste disposal facilities usually consume
29 natural lands, thereby impinging upon wildlife habitat and
30 the public's use and enjoyment of the natural resources,
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1 including air, water and natural scenic, historic and
2 aesthetic values of the environment.
3 (5) Use of already permitted areas for landfills,
4 combined with the capacity of existing resource recovery
5 facilities, will provide adequate capacity at the current
6 rate of disposal over the next ten years or more.
7 (6) As recycling and waste minimization rates increase
8 across the country, the amount of landfill and resource
9 recovery facility capacity needed to dispose and process
10 municipal waste decreases.
11 (7) Having an excess of capacity hinders recycling,
12 waste minimization, source reduction and pollution prevention
13 activities.
14 (8) Concentrated traffic in the vicinity of municipal
15 and residual waste facilities contributes to and causes
16 substantial harm to this Commonwealth's roadways and
17 environment and to the health and safety of the citizens of
18 this Commonwealth.
19 (9) Communities in the areas located near and along the
20 approach routes to municipal waste and commercial residual
21 waste disposal facilities experience traffic problems,
22 litter, odors, noise, dust and other nuisances emanating from
23 the operation of the facilities and from the transportation
24 of waste to the facilities.
25 (10) Joint inspections of vehicles by the Department of
26 Environmental Protection, the Pennsylvania State Police and
27 the Department of Transportation consistently indicate that
28 over 25% of the waste vehicles inspected have violations of
29 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
30 Waste Management Act, and the act of July 28, 1988 (P.L.556,
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1 No.101), known as the Municipal Waste Planning, Recycling and
2 Waste Reduction Act.
3 (11) Inspections of the Pennsylvania State Police and
4 the Department of Transportation consistently indicate
5 vehicle safety and weight control violations are pervasive in
6 the waste hauling industry.
7 (12) Disposal or processing of residual waste at a
8 municipal waste landfill or resource recovery facility can
9 endanger the public health, safety and welfare and can cause
10 or contribute to the creation of nuisances if the residual
11 waste is not physically and chemically approved for disposal
12 or processing at the landfill or facility.
13 (13) Municipal waste landfills, construction/demolition
14 waste landfills and commercial residual waste disposal
15 facilities tend to be located in rural and sparsely populated
16 areas. Resource recovery facilities and transfer stations are
17 located in both rural and urban areas.
18 (b) Purposes and goals.--The purposes and goals of this act
19 are to:
20 (1) Enhance the protection of the public health, safety
21 and welfare from the short-term and long-term dangers of
22 disposal, processing, storage and transportation of municipal
23 and residual waste.
24 (2) Implement section 27 of Article I of the
25 Constitution of Pennsylvania.
26 (3) Conserve the environment and the natural resources
27 of this Commonwealth.
28 (4) Encourage proper and responsible use and management
29 of capacity at municipal waste landfills,
30 construction/demolition waste landfills, resource recovery
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1 facilities and commercial residual waste disposal facilities.
2 (5) Preserve existing capacity at municipal waste
3 landfills, construction/demolition waste landfills and
4 commercial residual waste disposal facilities.
5 (6) Encourage the recycling, source reduction and waste
6 minimization of municipal waste and residual waste.
7 (7) Limit the magnitude of environmental and
8 transportation problems in and around communities which host
9 municipal waste landfills, construction/demolition waste
10 landfills, transfer facilities, resource recovery facilities
11 or commercial residual waste disposal facilities.
12 (8) Require written authorization from the Department of
13 Environmental Protection for transporting municipal or
14 residual waste to certain municipal waste disposal and
15 processing facilities and commercial residual waste disposal
16 facilities in order to enhance the safe transportation of the
17 waste.
18 (9) Ensure that municipal waste landfills and resource
19 recovery facilities receive proper notification and chemical
20 analysis of residual waste when a load of municipal waste
21 delivered to the landfill or facility also contains residual
22 waste so that the operator may determine whether the landfill
23 or facility is approved to accept the waste.
24 (10) Prevent the unauthorized disposal and processing of
25 residual waste at municipal waste landfills and resource
26 recovery facilities.
27 (11) Protect residents of the communities affected by
28 municipal waste facilities and commercial residual waste
29 disposal facilities from unnecessary traffic problems,
30 litter, odors, noise, dust and other nuisances emanating from
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1 the operation of the facilities and from the transportation
2 of waste to the facilities.
3 (12) Have at least 35% of all municipal waste and
4 source-separated recyclable materials generated in this
5 Commonwealth recycled by January 1, 2003.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 (a) General definitions.--
11 "Department." The Department of Environmental Protection of
12 the Commonwealth and its authorized representatives.
13 "Gross vehicle weight." The combined weight of a vehicle or
14 combination of vehicles and its load, excluding the driver's
15 weight.
16 "Host municipality." The city, borough, incorporated town,
17 township or home rule municipality within which a municipal
18 waste disposal, processing facility or commercial residual waste
19 facility is located or proposed to be located or has been
20 permitted but not constructed.
21 "Host municipality agreement." A written, legally binding
22 document or documents executed by duly authorized officials of a
23 host municipality and the owner or operator of an existing or
24 proposed municipal waste disposal or processing facility or
25 commercial residual waste disposal facility.
26 "Municipal Waste Planning, Recycling and Waste Reduction
27 Act." The act of July 28, 1988 (P.L.556, No.101), known as the
28 Municipal Waste Planning, Recycling and Waste Reduction Act.
29 "Secretary." The Secretary of Environmental Protection of
30 the Commonwealth.
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1 "Semitrailer." A trailer so constructed that some part of
2 its weight rests upon or is carried by the towing vehicle.
3 "Solid Waste Management Act." The act of July 7, 1980
4 (P.L.380, No.97), known as the Solid Waste Management Act.
5 "Statewide capacity." The amount of unused permitted
6 capacity constructed or approved for construction as determined
7 by the Department of Environmental Protection.
8 "Transporter." The owner of a semitrailer used for the
9 transporting of municipal or residual waste.
10 (b) Other acts.--Except as provided in subsection (a), the
11 terms in this act have the same meaning as provided in the act
12 of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
13 Management Act, the act of July 28, 1988 (P.L.556, No.101),
14 known as the Municipal Waste Planning, Recycling and Waste
15 Reduction Act, and the regulations of the Department of
16 Environmental Protection promulgated under those acts.
17 Section 4. Construction of act.
18 (a) Liberal construction.--This act shall be liberally
19 construed so as best to achieve and effectuate the goals and
20 purposes of this act.
21 (b) Pari materia.--This act shall be construed in pari
22 materia with the Solid Waste Management Act, the Municipal Waste
23 Planning, Recycling and Waste Reduction Act and sections 1935-A
24 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known
25 as The Administrative Code of 1929.
26 Section 5. Moratorium.
27 (a) Permits relating to construction, expansion or
28 operation.--For a period of three years following the effective
29 date of this act, the department shall not accept an application
30 for a permit or permit modification nor issue a permit or permit
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1 modification under the Solid Waste Management Act for the
2 construction, expansion or operation of a municipal waste
3 landfill, construction/demolition waste landfill, resource
4 recovery facility or commercial residual waste disposal
5 facility.
6 (b) Permits modifications relating to daily volume.--For a
7 period of three years following the effective date of this act,
8 the department shall not accept for review nor issue a permit
9 modification that would result in an increase in average daily
10 volume or maximum daily volume at a municipal waste landfill,
11 construction/demolition waste landfill, resource recovery
12 facility or commercial residual waste disposal facility.
13 (c) Return of applications.---Immediately following the
14 effective date of this act, the department shall return the
15 following applications and shall conduct no further review
16 during the pendency of the moratorium established in subsections
17 (a) and (b).
18 (1) Applications for new municipal waste landfills,
19 construction/demolition waste landfills, resource recovery
20 facilities or commercial residual waste disposal facilities.
21 (2) Applications for expansions of municipal waste
22 landfills, construction/demolition waste landfills or
23 commercial residual waste disposal facilities.
24 (3) Applications for permit modifications to increase
25 average daily volume or maximum daily volume at municipal
26 waste landfills, construction/demolition waste landfills,
27 resource recovery facilities or commercial residual waste
28 disposal facilities.
29 (d) Monitoring of remaining capacity.--During the pendency
30 of the moratorium established in this section and at all times
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1 thereafter, the department shall monitor the remaining capacity
2 at all municipal waste landfills, construction/demolition waste
3 landfills, resource recovery facilities and commercial residual
4 waste disposal facilities.
5 (e) Exceptions.--This section shall not prohibit the review
6 or issuance of:
7 (1) A permit renewal or reissuance.
8 (2) A permit modification to allow the receipt of a
9 residual waste not previously approved by the department in
10 the facility's waste acceptance plan.
11 (3) An operational modification that does not affect
12 capacity.
13 (f) Special circumstances.--
14 (1) Notwithstanding any other provision of law or this
15 act to the contrary, the department may modify any permit
16 listed in subsection (a), (b) or (c) to allow increased
17 maximum or average daily waste volumes if the department:
18 (i) Finds in writing that the modification is
19 necessary to prevent a public health or environmental
20 emergency.
21 (ii) Publishes notice of the finding in the
22 Pennsylvania Bulletin.
23 (2) Action under this subsection shall be taken in
24 accordance with section 503(e) of the Solid Waste Management
25 Act.
26 (g) Emergencies.--Nothing in this section shall supersede
27 any other authority of the Governor or the department to act in
28 the event of an emergency.
29 Section 6. Statewide capacity cap.
30 (a) General rule.--Immediately upon expiration of the
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1 moratorium established in section 5, a Statewide cap on capacity
2 at municipal waste landfills, construction/demolition waste
3 landfills, resource recovery facilities and commercial residual
4 waste disposal facilities shall take effect. The capacity cap
5 imposed by this section shall limit Statewide capacity to no
6 more than eight years of capacity using the amount of unused
7 permitted Statewide capacity in 1997 and the amount of waste
8 received in 1997 at these facilities.
9 (b) Prerequisite for issuance of permits.--The department
10 shall not accept or review any permit application or issue any
11 permit for a facility subject to the Statewide capacity cap
12 until the amount of Statewide capacity is equal to or less than
13 six years of the Statewide capacity available on December 31,
14 1997, determined using the amount of:
15 (1) Unused permitted Statewide capacity in 1997.
16 (2) The amount of waste received in 1997 at these
17 facilities.
18 After the amount of Statewide capacity drops to six years, the
19 department may accept permit applications for review and issue
20 permits for facilities subject to the Statewide capacity cap
21 until there again is Statewide capacity for six years as
22 determined in subsection (a).
23 (c) Regulations.--The Environmental Quality Board shall
24 adopt regulations which establish procedures, priorities and
25 deadlines for processing permit applications which are submitted
26 under subsection (b).
27 Section 7. Host municipality agreements.
28 (a) General rule.--An application for a permit which is
29 submitted to the department for review under section 6 and an
30 application for a municipal waste transfer facility permit which
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1 is submitted to the department for review, at any time, may be
2 accepted as administratively complete under section 512(a) of
3 the Municipal Waste Planning, Recycling and Waste Reduction Act
4 and the regulations promulgated thereunder, if it includes
5 written evidence that the applicant has provided the host
6 municipality with notice of its interest in developing a host
7 municipality agreement that meets the requirements of this
8 section.
9 (b) Publication of notice.--
10 (1) Prior to negotiating a host municipality agreement,
11 a host municipality shall publish a notice that describes the
12 public involvement process that it will use to develop the
13 agreement. The notice shall be published once a week for
14 three consecutive weeks in a newspaper of general circulation
15 in the area where the facility or proposed facility is
16 located. Additional notice shall be provided in a manner
17 which the municipality determines will best inform the
18 residents of the host community.
19 (2) The public involvement process shall contain the
20 following, which shall be in addition to the requirements of
21 law governing municipal procedures:
22 (i) A public notice that discussions with a
23 prospective permit applicant on the potential of
24 developing a host municipality agreement have begun. The
25 municipality shall provide notice within ten days after
26 opening discussions with the facility operator. The
27 notice shall request comments and suggestions concerning
28 the host municipality agreement.
29 (ii) A public meeting at which a draft agreement is
30 presented to the public. The host municipality shall
19980H2832B3919 - 11 -
1 schedule the meeting to discuss the agreement with the
2 public. The meeting shall be scheduled with a minimum of
3 30 days' public notice prior to the meeting date. A
4 comment period of not less than 60 days shall be provided
5 to accept written comments on the draft host municipality
6 agreement.
7 (iii) A public notice that the host municipality has
8 made a final decision. The host municipality shall
9 publish the final decision on the adoption or rejection
10 of the final host municipality agreement within 30 days
11 of the final decision.
12 (c) Additional notice.--The public involvement process shall
13 contain additional notice in a manner determined by the host
14 municipality that will best inform its residents.
15 (d) Terms of agreement.--The host municipality agreement
16 shall be negotiated in good faith and shall address the
17 following:
18 (1) The nature of the proposed facility.
19 (2) The site of the proposed facility or the expansion
20 of the existing facility.
21 (3) The potential generators of the waste.
22 (4) The life expectancy of the proposed facility or the
23 expansion of the existing facility.
24 (5) An explanation of all measures agreed upon by the
25 parties to alleviate traffic problems, litter, odors, noise,
26 dust or other nuisances that might emanate from the operation
27 of the facility or increase in daily volume, including the
28 transportation of waste to the facility.
29 (e) Prerequisite for permit issuance.--The department shall
30 not issue a permit for a new municipal waste landfill,
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1 construction/demolition waste landfill, resource recovery
2 facility, municipal waste transfer facility or commercial
3 residual waste disposal facility, or for the expansion of any
4 such landfill or facility existing on the effective date of this
5 act, unless a permit applicant executes a host municipality
6 agreement with the host municipality.
7 (f) Jurisdiction over disputes.--The courts of common pleas
8 are hereby given jurisdiction over disputes between the host
9 municipality and the facility operator or applicant regarding
10 the negotiation or implementation of a host municipality
11 agreement.
12 (g) Reimbursement of costs.--
13 (1) At the request of the host municipality, the
14 department may reimburse a host municipality for costs
15 incurred in negotiating a host municipality agreement under
16 this section. Reimbursable costs shall be limited to costs
17 incurred for professional fees for lawyers, mediators and
18 other professionals used in the efforts to reach the
19 agreement.
20 (2) The funds for reimbursement shall be provided by the
21 Recycling Fund, and this reimbursement shall not exceed
22 $20,000 for each host municipality agreement.
23 Section 8. Transporter program.
24 (a) Written authorization required.--It shall be unlawful
25 for a transporter to transport municipal or residual waste to a
26 municipal waste to a municipal waste landfill,
27 construction/demolition waste landfill, resource recovery
28 facility or a commercial residual waste facility in this
29 Commonwealth on a combination of vehicles that exceeds 56,000
30 pounds gross vehicle weight unless the transporter has obtained
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1 a written authorization from the department under this section.
2 A combination of vehicles shall include the tractor and
3 semitrailer.
4 (b) One-time application fee.--The initial application for a
5 written authorization submitted by the transporter shall be
6 accompanied by a one-time application fee of $1,000.
7 (c) Vehicle and weight fee.--The initial application and
8 each annual submission to the department shall be accompanied by
9 a fee based on the number of vehicles and gross vehicle weight
10 of the vehicles owned by the transporter that are subject to
11 this section, as follows:
12 (1) Combination of vehicles licensed for 56,000-64,000
13 pounds gross vehicle weight - $1,500 per vehicle.
14 (2) Combination of vehicles licensed for 64,001-73,280
15 pounds gross vehicle weight - $2,500 per vehicle.
16 (3) Combination of vehicles licensed for more than
17 73,281 pounds gross vehicle weight - $5,000 per vehicle.
18 (d) Semitrailer stickers.--The department shall provide the
19 transporter with two stickers for each semitrailer indicating
20 the transporter's authorization number and authorization
21 expiration date. One sticker shall be displayed prominently on
22 the left front bulkhead, and the other sticker shall be
23 similarly displayed on the back of the semitrailer used to
24 transport the waste. Each tractor used in combination with the
25 semitrailer shall carry a copy of the written authorization
26 issued by the department to the transporter.
27 (e) Term of written authorization.--The written
28 authorization shall be valid for a maximum of one year. The fees
29 established in subsection (c) shall be paid to the department by
30 July 1 of each year, at which point the department shall renew
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1 the authorization in writing and shall issue updated stickers.
2 (f) Collateral bond required.--
3 (1) Prior to the issuance of a written authorization
4 under this section for the transportation of municipal or
5 residual waste, the applicant for the written authorization
6 shall file with the department a collateral bond on a form
7 prescribed and furnished by the department. The department
8 may waive the bonding requirement for municipalities that are
9 transporters upon written request from the municipality.
10 (2) The bond shall be payable to the Commonwealth and
11 conditioned upon compliance by the transporter with this act,
12 the Solid Waste Management Act, and every rule, regulation
13 and order of the department and the terms and conditions of
14 the written authorization.
15 (3) The amount of the bond shall be in an amount
16 determined by the secretary and shall be based upon the
17 number of semitrailers a transporter uses under subsection
18 (c), but shall be not less than $10,000.
19 (4) The department may require additional bond amounts
20 if the department determines such additional amounts are
21 necessary to guarantee compliance.
22 (5) The transporter may elect to deposit cash or
23 automatically renewable irrevocable letters of credit which
24 are terminable only upon 90 days' written notice to the
25 operator and the department, or negotiable bonds of the
26 United States Government or the Commonwealth of Pennsylvania,
27 the Pennsylvania Turnpike Commission, the Department of
28 General Services, the State Public School Building Authority,
29 or any municipality within the Commonwealth. No corporate
30 surety bond may be used to satisfy this subsection. The cash
19980H2832B3919 - 15 -
1 amount of such deposit, irrevocable letters of credit or
2 market value of such securities shall be equal at least to
3 the sum of the bond.
4 (6) The secretary shall, upon receipt of any such
5 deposit of cash or negotiable bonds, immediately place the
6 same with the State Treasurer, whose duty it shall be to
7 receive and hold the same in the name of the Commonwealth, in
8 trust, for the purposes for which the deposit is made. The
9 State Treasurer shall, at all times, be responsible for the
10 custody and safekeeping of such deposits.
11 (7) (i) The transporter making the deposit shall be
12 entitled from time to time to demand and receive from the
13 State Treasurer, on the written order of the secretary,
14 the whole or any portion of any collateral so deposited,
15 upon depositing with the State Treasury, in lieu thereof,
16 other collateral of the classes specified in this
17 subsection having a market value at least equal to the
18 sum of the bond, and also to demand, receive and recover
19 the interest and income from the negotiable bonds as they
20 become due and payable.
21 (ii) Where negotiable bonds are deposited, mature or
22 are called, the State Treasurer, at the request of the
23 transporter, shall convert the negotiable bonds into
24 other negotiable bonds of the classes specified in this
25 subsection as may be designated by the transporter.
26 (8) Where notice of intent to terminate a letter of
27 credit is given, the department shall, after 30 days' written
28 notice to the transporter and in the absence of a replacement
29 of the letter of credit within the 30-day period by the
30 transporter with other acceptable bond guarantees provided
19980H2832B3919 - 16 -
1 under this subsection, draw upon and convert the letter of
2 credit into cash and hold it as a collateral bond guarantee.
3 Liability under the bond shall be for the duration of the
4 written authorization and for a period of one year after the
5 expiration of the written authorization.
6 (g) Transporter or agent noncompliance.--In carrying out
7 this section, the department may deny, suspend, modify or revoke
8 any written authorization if it finds that:
9 (1) The transporter or its agent has failed or continues
10 to fail to comply with any provision of:
11 (i) this act;
12 (ii) the Solid Waste Management Act;
13 (iii) the Municipal Waste Planning, Recycling and
14 Waste Reduction Act;
15 (iv) the act of June 22, 1937 (P.L.1987, No.394),
16 known as The Clean Streams Law;
17 (v) the act of January 8, 1960 (1959 P.L.2119,
18 No.787), known as the Air Pollution Control Act;
19 (vi) the act of November 26, 1978 (P.L.1375,
20 No.325), known as the Dam Safety and Encroachments Act;
21 (vii) any other Federal or State statute relating to
22 environmental protection or to the protection of the
23 public health, safety and welfare;
24 (viii) any rule or regulation of the department;
25 (ix) any order of the department; or
26 (x) any condition of any permit, license or other
27 written authorization issued by the department.
28 (2) The transporter has shown a lack of ability or
29 intention to comply with:
30 (i) any provision of this act;
19980H2832B3919 - 17 -
1 (ii) any of the acts referred to in this subsection;
2 (iii) any rule or regulation of the department or
3 order of the department; or
4 (iv) any condition of any permit or license issued
5 by the department as indicated by past or continuing
6 violations.
7 In the case of a corporate transporter, the department may deny
8 the issuance of a written authorization if the department finds
9 that a principal of the corporation was a principal of another
10 corporation which committed past violations of this act.
11 (h) Transportation noncompliance.--A written authorization
12 issued under this section shall be revocable or subject to
13 modification or suspension at any time the department determines
14 that the solid waste transportation:
15 (1) Is being, or has been conducted in violation of this
16 act, the Solid Waste Management Act or the rules or
17 regulations adopted pursuant to this act or the Solid Waste
18 Management Act.
19 (2) Creates a public nuisance.
20 (3) Creates a potential hazard to the public health,
21 safety and welfare or the environment.
22 (4) Was conducted pursuant to an authorization that was
23 not granted in accordance with law.
24 (i) Correction of noncompliance.--
25 (1) Any person who or municipality that has engaged in
26 unlawful conduct as defined in this act, the Solid Waste
27 Management Act or the Municipal Waste Planning, Recycling and
28 Waste Reduction Act or whose partner, associate, officer,
29 parent corporation, subsidiary corporation, contractor,
30 subcontractor or agent has engaged in such unlawful conduct
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1 shall be denied a written authorization under this section
2 unless the written authorization application demonstrates to
3 the satisfaction of the department that the unlawful conduct
4 has been corrected.
5 (2) Independent contractors and agents who operate under
6 the written authorization shall be subject to the provisions
7 of this section and shall be jointly and severally liable,
8 without regard to fault, for violations of this act which
9 occur during the independent contractor's or agent's
10 involvement in the course of operations.
11 (j) Penalty.--A person who violates subsection (a) or (b)
12 shall be guilty of a misdemeanor of the third degree and, upon
13 conviction for the first offense, shall pay a penalty of not
14 less than $5,000 nor more than $10,000. Upon the second or
15 subsequent conviction of subsection (a) or (b), a person shall
16 be guilty of a misdemeanor of the second degree and shall pay a
17 penalty of not less than $10,000 nor more than $25,000, and the
18 court may order the operating privilege of the vehicle operator
19 to be suspended for a period of up to one year or both.
20 (k) Deposit of fees, and penalties.--All written
21 authorization fees, fines and penalties collected under this
22 section shall be paid into the Solid Waste Abatement Fund
23 established under section 701 of the Solid Waste Management Act
24 and shall be used for the purposes enumerated in that act. The
25 fees may also be used to implement the written authorization
26 program and to support efforts to inspect vehicles used to
27 transport municipal and residual waste.
28 (l) Forfeiture of semitrailers.--A semitrailer used in
29 commission of an offense under this section shall be deemed
30 contraband and may be forfeited to the department. The
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1 provisions of law relating to seizure, summary and judicial
2 forfeiture and condemnation of intoxicating liquor shall apply
3 to seizures and forfeitures under this section. Proceeds from
4 the sale of forfeited semitrailers shall be deposited in the
5 Solid Waste Abatement Fund.
6 Section 9. Manifest system.
7 (a) Generator manifest required.--It shall be unlawful for a
8 person or municipality to transport on vehicles that exceed
9 56,000 pounds gross vehicle weight mixed loads of municipal and
10 residual waste to a municipal waste landfill or resource
11 recovery facility in this Commonwealth without a manifest
12 prepared by this generator, on a form approved by the
13 department. The manifest shall state that the residual waste is
14 suitable for disposal at the facility. The mixed municipal waste
15 and residual waste must be transported to a facility permitted
16 by the department to receive the mixed load.
17 (b) Deposit of mixed load prohibited.--Any vehicle that
18 exceeds 56,000 pounds gross vehicle weight that transports mixed
19 loads of municipal and residual waste without the required
20 manifest or delivers the mixed load to a facility in violation
21 of the facility's waste acceptance plan shall be prohibited from
22 depositing the mixed load at the facility.
23 (c) Penalty.--A person or municipality who violates
24 subsection (a) or (b) shall be guilty of a misdemeanor of the
25 third degree and, upon conviction for the first offense, shall
26 pay a penalty of not less than $5,000 nor more than $10,000.
27 Upon the second or subsequent conviction of subsection (a) or
28 (b), a person shall be guilty of a misdemeanor of the second
29 degree and shall pay a penalty of not less than $10,000 nor more
30 than $25,000, and the court may order the operating privilege of
19980H2832B3919 - 20 -
1 the vehicle operator to be suspended for a period of up to one
2 year or both.
3 (d) Forfeiture.--A vehicle or conveyance used in commission
4 of an offense under this section shall be deemed contraband and
5 may be forfeited to the department. The provisions of law
6 relating to seizure, summary and judicial forfeiture and
7 condemnation of intoxicating liquor shall apply to seizures and
8 forfeitures under this section. Proceeds from the sale of
9 forfeited vehicles or conveyances shall be deposited in the
10 Solid Waste Abatement Fund.
11 Section 10. Enforcement
12 (a) Enforcement orders.--The department may issue orders to
13 such persons and municipalities as it deems necessary to aid in
14 the enforcement of this act. The orders may include, but shall
15 not be limited to, orders modifying, suspending or revoking
16 written authorizations and orders requiring persons and
17 municipalities to cease unlawful activities or operations of a
18 solid waste facility or transportation vehicle which in the
19 course of its operation is in violation of any provision of this
20 act, any rule or regulation of the department or any terms and
21 conditions of a written authorization issued under this act or a
22 permit issued under the Solid Waste Management Act. An order
23 issued under this act shall take effect upon notice, unless the
24 order specifies otherwise. An appeal to the Environmental
25 Hearing Board shall not act as a supersedeas. The power of the
26 department to issue an order under this act is in addition to
27 any other remedy which may be afforded to the department
28 pursuant to this act or any other act.
29 (b) Duty to diligently comply with orders.--It shall be the
30 duty of any person and municipality to proceed diligently to
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1 comply with any order issued pursuant to this section. If such
2 person or municipality fails to proceed diligently or fails to
3 comply with the order within such time, if any, as may be
4 specified, such person or municipality shall be guilty of
5 contempt and shall be punished by the court in an appropriate
6 manner and for this purpose, application may be made by the
7 department to the court.
8 Section 11. Civil penalties.
9 (a) General rule.--In addition to proceeding under any other
10 remedy available at law or in equity for a violation of any
11 provision of this act, any rule, regulation or order of the
12 department, or any term or condition of any written
13 authorization issued by the department, the department may
14 assess a civil penalty upon a person for such violation. Such a
15 penalty may be assessed whether or not the violation was willful
16 or negligent. In determining the amount of the penalty, the
17 department shall consider:
18 (1) The willfulness of the violation.
19 (2) The damage to air, water, land or other natural
20 resources of this Commonwealth or their uses.
21 (3) The cost of restoration and abatement.
22 (4) The savings resulting to the person in consequence
23 of such violation.
24 (5) Other relevant factors.
25 The maximum civil penalty which may be assessed under this
26 section shall be $25,000 per offense. Each violation for each
27 separate day and each violation of any provision of this act,
28 rule, regulation or order of the department under this act, or
29 any term or condition of a permit or permits, shall constitute a
30 separate and distinct offense under this section.
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1 (b) Procedure.--
2 (1) When the department proposes to assess a civil
3 penalty, it shall inform the person of the proposed amount of
4 the penalty. The person charged with the penalty shall then
5 have 30 days to pay the proposed penalty in full, or, if the
6 person wishes to contest the amount of the penalty or the
7 fact of the violation to the extent not already established,
8 the person shall forward the proposed amount of the penalty
9 to the Environmental Hearing Board within the 30-day period
10 for placement in an escrow account with the State Treasurer
11 or any Commonwealth bank or post an appeal bond to the
12 hearing board within 30 days in the amount of the proposed
13 penalty, provided that such bond is executed by a surety
14 licensed to do business in the Commonwealth and is
15 satisfactory to the department.
16 (2) If, through administrative or final judicial review
17 of the proposed penalty, it is determined that no violation
18 occurred or that the amount of the penalty shall be reduced,
19 the board shall, within 30 days, remit the appropriate amount
20 to the person with any interest accumulated by the escrow
21 deposit.
22 (3) Failure to forward the amount of the penalty or the
23 appeal bond at the time of the appeal shall result in a
24 waiver of all legal rights to contest the violation or the
25 amount of the penalty unless the appellant alleges financial
26 inability to prepay the penalty or to post the appeal bond.
27 (4) The board shall conduct a hearing to consider the
28 appellant's alleged inability to pay within 30 days of the
29 date of the appeal. The board may waive the requirement to
30 prepay the civil penalty or to post an appeal bond if the
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1 appellant demonstrates and the board finds that the appellant
2 is financially unable to pay. The board shall issue an order
3 within 30 days of the date of the hearing to consider the
4 appellant's alleged inability to pay.
5 (5) The amount assessed after administrative hearing or
6 after waiver of administrative hearing shall be payable to
7 the Commonwealth and shall be collectible in any manner
8 provided by law for the collection of debts, including the
9 collection of interest at the legal rate, which shall run
10 from the date of assessment of the penalty.
11 (6) (i) If any person liable to pay the penalty
12 neglects or refuses to pay the same after demand, the
13 amount, together with interest and any costs that may
14 accrue, shall constitute a dept of such person, as may be
15 appropriate, to the Solid Waste Abatement Fund.
16 (ii) The debt shall constitute a lien on all
17 property owned by the person when a notice of lien
18 incorporating a description of the property of the person
19 subject to the action is duly filed with the prothonotary
20 of the court of common pleas where the property is
21 located.
22 (iii) The prothonotary shall promptly enter upon the
23 civil judgment or order docket, at no cost to the
24 department, the name and address of the person, as may be
25 appropriate, and the amount of the lien as set forth in
26 the notice of lien.
27 (iv) Upon entry by the prothonotary, the lien shall
28 attach to the revenues and all real and personal property
29 of the person, whether or not the person is solvent.
30 (v) The notice of lien, filed pursuant to this
19980H2832B3919 - 24 -
1 paragraph, which affects the property of the person shall
2 create a lien with priority over all subsequent claims or
3 liens which are filed against the person, but it shall
4 not affect any valid lien, right or interest in the
5 property filed in accordance with established procedure
6 prior to the filing of a notice of lien under this
7 paragraph.
8 Section 12. Regulations.
9 The Environmental Quality Board shall have the power and its
10 duty shall be to adopt the regulations of the department to
11 accomplish the purposes and to carry out this act.
12 Section 13. Severability.
13 The provisions of this act are severable. If any provision of
14 this act or its application to any person or circumstance is
15 held invalid, the invalidity shall not affect other provisions
16 or applications of this act which can be given effect without
17 the invalid provision or application.
18 Section 14. Repeals.
19 All acts and parts of acts are repealed insofar as they are
20 inconsistent with this act.
21 Section 15. Effective date.
22 This act shall take effect immediately.
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