1Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An 
2act providing for the planning and regulation of solid waste
3storage, collection, transportation, processing, treatment,
4and disposal; requiring municipalities to submit plans for
5municipal waste management systems in their jurisdictions;
6authorizing grants to municipalities; providing regulation of
7the management of municipal, residual and hazardous waste;
8requiring permits for operating hazardous waste and solid
9waste storage, processing, treatment, and disposal
10facilities; and licenses for transportation of hazardous
11waste; imposing duties on persons and municipalities;
12granting powers to municipalities; authorizing the
13Environmental Quality Board and the Department of
14Environmental Resources to adopt rules, regulations,
15standards and procedures; granting powers to and imposing
16duties upon county health departments; providing remedies;
17prescribing penalties; and establishing a fund," further 
18providing for definitions, for permit and license application 
19requirements and for granting, denying, renewing, modifying, 
20revoking and suspending permits and licenses; providing for 
21referendum on siting of municipal waste landfills or 
22expansion of existing municipal waste landfills; and further 
23providing for bonds.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

26Section 1. Section 103 of the act of July 7, 1980 (P.L.380, 
27No.97), known as the Solid Waste Management Act, is amended by
28adding definitions to read:

29Section 103. Definitions.

1The following words and phrases when used in this act shall
2have, unless the context clearly indicates otherwise, the
3meanings given to them in this section:

4* * *

5"Affected municipality." A municipality within one mile of a 
6proposed municipal waste landfill, that is on an approach route 
7to a municipal waste landfill regulated by this act or that is 
8otherwise adversely impacted by a facility.

9* * *

10"Host municipality." The municipality other than the county 
11within which a municipal waste landfill is located or is 
12proposed to be located.

13* * *

14Section 2. Sections 502 and 503 of the act are amended by
15adding subsections to read:

16Section 502. Permit and license application requirements.

17* * *

18(d.1) The application shall include all records, reports,
19information and dispositions relating to violations of 75 
20Pa.C.S. Pt. IV (relating to vehicle characteristics). The
21information shall be considered by the department when
22considering an application under this section.

23* * *

24Section 503. Granting, denying, renewing, modifying, revoking
25and suspending permits and licenses.

26* * *

27(b.1) No permit may be issued for the siting of a new
28municipal waste landfill or the expansion of an existing
29municipal waste landfill in a municipality where a referendum
30has been conducted pursuant to section 504.1 and the electorate

1has voted against the siting of a new municipal waste landfill
2or the expansion of an existing municipal waste landfill.

3* * *

4(c.1) In carrying out the provisions of this act, the
5department may deny, suspend, modify or revoke a permit or
6license if it finds that the applicant, permittee or licensee
7has failed or continues to fail to comply with the provisions of
875 Pa.C.S. Pt. IV (relating to vehicle characteristics).

9* * *

10(f) (1) A permit issued under this act for the operation of
11a municipal waste landfill shall be issued for a fixed term
12consistent with the approved operation and design plans of a
13municipal waste landfill and may not exceed ten years. No
14municipal waste may be disposed of or processed at such a
15landfill after the expiration of the permit term. Expiration
16of the permit term may not limit the operator's
17responsibility for complying with the provisions under this
18act, the environmental protection acts, regulations
19thereunder or the terms or conditions of the permit.

20(2) The department shall, from time to time, but at
21intervals not to exceed two years, review a permit issued to
22a municipal waste landfill under this act. In its review, the
23department shall evaluate the permit to determine whether it
24reflects currently applicable operating requirements as well
25as current technology and management practices. The
26department may require modification, suspension or revocation
27of the permit when necessary to carry out the purposes of
28this act or the environmental protection acts.

29Section 3. The act is amended by adding a section to read:

30Section 504.1. Referendum on siting of municipal waste

1landfills or expansion of existing municipal waste
2landfills.

3(a) Prior to the approval of an application for a permit to
4operate a municipal waste landfill or a permit to expand an
5existing municipal waste landfill's capacity by the governing
6body or the department, the county board of elections shall
7conduct a binding referendum in the host municipality and all
8affected municipalities. The department may not issue such a
9permit if a majority of the municipalities participating in the
10referendum reject the proposed siting or expansion by a majority
11vote of the electors in each municipality.

12(b) The binding referendum shall be conducted at the first
13primary, municipal or general election occurring at least 60
14days after the department has notified the host county that it
15has received an application for a permit to operate a municipal
16waste landfill or to expand the capacity of an existing
17facility.

18(c) The results of the binding referendum shall be
19transmitted to the department, the governing body of the county,
20the host municipality and all affected municipalities.

21(d) Procedures under this section shall be in accordance 
22with the act of June 3, 1937 (P.L.1333, No.320), known as the 
23"Pennsylvania Election Code."

24Section 4. Section 505(a), (b) and (e) of the act are
25amended and the section is amended by adding a subsection to
26read:

27Section 505. Bonds.

28(a) With the exception of municipalities operating landfills
29solely for municipal waste not classified hazardous, prior to
30the commencement of operations, the operator of a municipal or

1residual waste processing or disposal facility or of a hazardous
2waste storage, treatment or disposal facility for which a permit
3is required by this section shall file with the department a
4bond for the land affected by such facility on a form prescribed
5and furnished by the department. Such bond shall be payable to
6the Commonwealth and conditioned so that the operator shall
7comply with the requirements of this act, the act of June 22, 
81937 (P.L.1987, No.394), known as "The Clean Streams Law," the
9act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
10Mining Conservation and Reclamation Act," the act of January 8, 
111960 (1959 P.L.2119, No.787), known as the "Air Pollution
12Control Act," and the act of November 26, 1978 (P.L.1375, 
13No.325), known as the "Dam Safety and Encroachments Act." The
14department may require additional bond amounts for the permitted
15areas should such an increase be determined by the department to
16be necessary to meet the requirements of this act. The amount of
17the bond required shall be in an amount determined by the
18secretary based upon the total estimated cost to the
19Commonwealth of completing final closure according to the permit
20granted to such facility and such measures as are necessary to
21prevent adverse effects upon the environment; such measures
22include but are not limited to satisfactory monitoring, post-
23closure care, and remedial measures. The bond amount shall
24reflect the additional cost to the Commonwealth which may be
25entailed by being required to bring personnel and equipment to
26the site. All permits shall be bonded for at least [$10,000]
27$50,000. Liability under such bond shall be for the duration of
28the operation, and for a period of up to [ten] 15 full years
29after final closure of the permit site. Such bond shall be
30executed by the operator and a corporate surety licensed to do

1business in the Commonwealth and approved by the secretary:
2Provided, however, That the operator may elect to deposit cash,
3certificates of deposit, automatically renewable irrevocable
4letters of credit which are terminable only upon 90 days written
5notice to the operator and the department, or negotiable bonds
6of the United States Government or the Commonwealth of
7Pennsylvania, the Pennsylvania Turnpike Commission, the General
8State Authority, the State Public School Building Authority, or
9any municipality within the Commonwealth, with the department in
10lieu of a corporate surety. The cash amount of such deposit,
11irrevocable letters of credit or market value of such securities
12shall be equal at least to the sum of the bond. The secretary
13shall, upon receipt of any such deposit of cash or negotiable
14bonds, immediately place the same with the State Treasurer,
15whose duty it shall be to receive and hold the same in the name
16of the Commonwealth, in trust, for the purposes for which such
17deposit is made. The State Treasurer shall at all times be
18responsible for the custody and safekeeping of such deposits.
19The operator making the deposit shall be entitled from time to
20time to demand and receive from the State Treasurer, on the
21written order of the secretary, the whole or any portion of any
22collateral so deposited, upon depositing with him, in lieu
23thereof, other collateral of the classes herein specified having
24a market value at least equal to the sum of the bond, also to
25demand, receive and recover the interest and income from said
26negotiable bonds as the same becomes due and payable: Provided,
27however, That where negotiable bonds, deposited as aforesaid,
28mature or are called, the State Treasurer, at the request of the
29permittee, shall convert such negotiable bonds into such other
30negotiable bonds of the classes herein specified as may be

1designated by the permittee: And provided further, That where
2notice of intent to terminate a letter of credit is given, the
3department shall, after 30 days written notice to the operator
4and in the absence of a replacement of such letter of credit
5within such 30-day period by the operator with other acceptable
6bond guarantees provided herein, draw upon and convert such
7letter of credit into cash and hold it as a collateral bond
8guarantee. In addition to criteria contained in department 
9regulations relating to the adjustment of bond or trust amounts 
10and bond forfeiture, the department may require an operator to 
11deposit additional bond or trust amounts based on the compliance 
12history of the facility.

13(a.1) The department may provide by regulation that the
14amount of the bond required reflect the potential liabilities
15and costs associated with the transportation of solid waste to a
16facility.

17(b) In the case of applications for permits where the
18department determines that the operations are reasonably
19anticipated to continue for a period of at least ten years from
20the date of application, the operator may elect to deposit
21collateral and file a collateral bond as provided in subsection
22(a) according to the following phase deposit schedule. The
23operator shall, prior to commencing operations, deposit [$10,000
24or 25%] $50,000 or 50% of the amount of the bond determined
25under subsection (a), whichever is greater. The operator shall,
26thereafter, annually deposit 10% of the remaining bond amount
27for a period of ten years. Interest accumulated by such
28collateral shall become a part of the bond. The department may
29require additional bonding at any time to meet the intent of
30subsection (a). The collateral shall be deposited in trust, with

1the State Treasurer as provided in subsection (a) or with a
2bank, selected by the department, which shall act as trustee for
3the benefit of the Commonwealth, according to rules and
4regulations promulgated hereunder, to guarantee the operator's
5compliance with this act and the statutes enumerated in
6subsection (a). The operator shall be required to pay all costs
7of the trust. The collateral deposit, or part thereof, shall be
8released of liability and returned to the operator, together
9with a proportional share of accumulated interest, upon the
10conditions of and pursuant to the schedule and criteria for
11release provided in this act.

12* * *

13(e) Prior to the issuance of any license for the
14transportation of hazardous waste, the applicant for a license
15shall file with the department a collateral bond on a form
16prescribed and furnished by the department. Such bond shall be
17payable to the Commonwealth and conditioned upon compliance by
18the licensee with every requirement of this act, rule and
19regulation of the department, order of the department and term
20and condition of the license. The amount of the bond required
21shall be in an amount determined by the secretary, but in an
22amount no less than [$10,000] $50,000. The department may
23require additional bond amounts if the department determines
24such additional amounts are necessary to guarantee compliance
25with this act. The licensee may elect to deposit cash or
26automatically renewable irrevocable letters of credit which are
27terminable only upon 90 days written notice to the operator and
28the department, or negotiable bonds of the United States
29Government or the Commonwealth of Pennsylvania, the Pennsylvania
30Turnpike Commission, the General State Authority, the State

1Public School Building Authority, or any municipality within the
2Commonwealth. No corporate surety bond is authorized by this
3subsection. The cash amount of such deposit, irrevocable letters
4of credit, or market value of such securities shall be equal at
5least to the sum of the bond. The secretary shall, upon receipt
6of any such deposit of cash or negotiable bonds, immediately
7place the same with the State Treasurer, whose duty it shall be
8to receive and hold the same in the name of the Commonwealth, in
9trust, for the purposes for which such deposit is made. The
10State Treasurer shall at all times be responsible for the
11custody and safekeeping of such deposits. The licensee making
12the deposit shall be entitled from time to time to demand and
13receive from the State Treasurer, on the written order of the
14secretary, the whole or any portion of any collateral so
15deposited, upon depositing with him, in lieu thereof, other
16collateral of the classes herein specified having a market value
17at least equal to the sum of the bond, also to demand, receive
18and recover the interest and income from said negotiable bonds
19as the same becomes due and payable: Provided, however, That
20where negotiable bonds, deposited as aforesaid, mature or are
21called, the State Treasurer, at the request of the licensee,
22shall convert such negotiable bonds into such other negotiable
23bonds of the classes herein specified as may be designated by
24the licensee: And provided further, That where notice of intent
25to terminate a letter of credit is given, the department shall,
26after 30 days written notice to the licensee and in the absence
27of a replacement of such letter of credit within such 30-day
28period by the licensee with other acceptable bond guarantees
29provided herein, draw upon and convert such letter of credit
30into cash and hold it as a collateral bond guarantee. Liability

1under such bond shall be for the duration of the license and for
2a period of one year after the expiration of the license.

3* * *

4Section 5. This act shall take effect in 60 days.