PRIOR PRINTER'S NOS. 2263, 2374 PRINTER'S NO. 2396
No. 1840 Session of 1979
INTRODUCED BY MESSRS. BITTLE, FEE, BELARDI, SERAFINI, GEIST,
LETTERMAN, J. L. WRIGHT, JR., STEIGHNER, GLADECK, MACKOWSKI,
PICCOLA, MANMILLER, SALVATORE, LEVI, GALLEN, NOYE, CESSAR,
SPENCER, VROON, DIETZ, SIEMINSKI, ARTY, GOEBEL, GEESEY, MUSTO
AND DOMBROWSKI, OCTOBER 15, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 1979
AN ACT
1 Providing for the planning and regulation of solid waste
2 storage, collection, transportation, processing, treatment,
3 and disposal; requiring municipalities to submit plans for
4 municipal waste management systems in their jurisdictions;
5 authorizing grants to municipalities; providing regulation of
6 the management of municipal, residual and hazardous waste;
7 requiring permits for operating hazardous waste and solid
8 waste storage, processing, treatment, and disposal
9 facilities; and licenses for transportation of hazardous
10 waste; imposing duties on persons and municipalities;
11 granting powers to municipalities; authorizing the
12 Environmental Quality Board and the Department of
13 Environmental Resources to adopt rules, regulations,
14 standards and procedures; GRANTING POWERS TO AND IMPOSING <--
15 DUTIES UPON COUNTY HEALTH DEPARTMENTS; providing remedies;
16 prescribing penalties; and establishing a fund.
17 TABLE OF CONTENTS
18 Article I. General Provisions
19 Section 101. Short title.
20 Section 102. Legislative finding; declaration of policy.
21 Section 103. Definitions.
22 Section 104. Powers and duties of the department.
23 Section 105. Powers and duties of the Environmental Quality
1 Board.
2 SECTION 106. POWERS AND DUTIES OF COUNTY HEALTH <--
3 DEPARTMENTS; LIMITATION.
4 Section 106 107. Legislative oversight. <--
5 Article II. Municipal Waste
6 Section 201. Submission of plans; permits.
7 Section 202. Powers and duties of municipalities.
8 Section 203. Grants authorized.
9 Article III. Residual Waste
10 Section 301. Management of residual waste.
11 Section 302. Disposal, processing and storage of residual
12 waste.
13 Section 303. Transportation of residual waste.
14 Article IV. Hazardous Waste
15 Section 401. Management of hazardous waste.
16 Section 402. Listing of hazardous waste.
17 Section 403. Generation, transportation, storage,
18 treatment and disposal of hazardous waste.
19 Section 404. Transition scheme.
20 Section 405. Conveyance of disposal site property.
21 Article V. Applications and Permits
22 Section 501. Permits and licenses required; transition
23 scheme; reporting requirements.
24 Section 502. Permit and license application requirements.
25 Section 503. Granting, denying, renewing, modifying,
26 revoking and suspending permits and licenses.
27 Section 504. Approval by governing body.
28 Section 505. Bonds.
29 Section 506. Financial responsibility.
30 Article VI. Enforcement and Remedies
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1 Section 601. Public nuisances.
2 Section 602. Enforcement orders.
3 Section 603. Duty to comply with orders of the department.
4 Section 604. Restraining violations.
5 Section 605. Civil penalties.
6 Section 606. Criminal penalties.
7 Section 607. Existing rights and remedies preserved;
8 cumulative remedies authorized.
9 Section 608. Production of materials; recordkeeping
10 requirements; rights of entry.
11 Section 609. Search warrants.
12 Section 610. Unlawful conduct.
13 Section 611. Presumption of law for civil and administrative
14 proceedings.
15 Section 612. Collection of fines and penalties.
16 Section 613. Recovery of costs of abatement.
17 Section 614. Forfeiture of contraband.
18 SECTION 615. RIGHT OF CITIZEN TO INITIATE OR INTERVENE IN <--
19 PROCEEDINGS.
20 Section 615 616. Notice of proposed settlement. <--
21 Article VII. Solid Waste Abatement Fund
22 Section 701. Solid Waste Abatement Fund.
23 Article VIII. Liberal Construction
24 Section 801. Construction of act.
25 Article IX. Repealer; Effective Date
26 Section 901. Repeal.
27 Section 902. Severability.
28 Section 903. Effective date.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
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1 ARTICLE I
2 GENERAL PROVISIONS
3 Section 101. Short title.
4 This act shall be known and may be cited as the "Solid Waste
5 Management Act."
6 Section 102. Legislative finding; declaration of policy.
7 The Legislature hereby determines, declares and finds that,
8 since improper and inadequate solid waste practices create
9 public health hazards, environmental pollution, and economic
10 loss, and cause irreparable harm to the public health, safety
11 and welfare, it is the purpose of this act to:
12 (1) establish and maintain a cooperative State and local
13 program of planning and technical and financial assistance
14 for comprehensive solid waste management;
15 (2) encourage the development of resource recovery as a
16 means of managing solid waste, conserving resources, and
17 supplying energy;
18 (3) require permits for the operation of municipal and
19 residual waste processing and disposal systems, licenses for
20 the transportation of hazardous waste and permits for
21 hazardous waste storage, treatment, and disposal;
22 (4) protect the public health, safety and welfare from
23 the short and long term dangers of transportation,
24 processing, treatment, storage, and disposal of all wastes;
25 and
26 (5) provide a flexible and effective means to implement
27 and enforce the provisions of this act.
28 Section 103. Definitions.
29 The following words and phrases when used in this act shall
30 have, unless the context clearly indicates otherwise, the
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1 meanings given to them in this section:
2 "Abatement." The restoration, reclamation, recovery, etc.,
3 of a natural resource adversely affected by the activity of a
4 person, permittee or municipality.
5 "Agricultural waste." Poultry and livestock manure, or
6 residual materials in liquid or solid form generated in the
7 production and marketing of poultry, livestock, fur bearing
8 animals, and their products, provided that such agricultural
9 waste is not hazardous. The term includes the residual materials
10 generated in producing, harvesting, and marketing of all
11 agronomic, horticultural, and silvicultural crops or commodities
12 grown on what are usually recognized and accepted as farms,
13 forests, or other agricultural lands.
14 "Commercial establishment." Any establishment engaged in
15 nonmanufacturing or processing business, including, but not
16 limited to, stores, markets, office buildings, restaurants,
17 shopping centers and theaters.
18 "Commonwealth." The Commonwealth of Pennsylvania.
19 "Department." The Department of Environmental Resources of
20 the Commonwealth of Pennsylvania and its authorized
21 representatives.
22 "Disposal." The incineration, deposition, injection,
23 dumping, spilling, leaking, or placing of solid waste into or on
24 the land or water in a manner that the solid waste or a
25 constituent of the solid waste enters the environment, is
26 emitted into the air or is discharged to the waters of the
27 Commonwealth.
28 "Food processing waste." Residual materials in liquid or
29 solid form generated in the slaughtering of poultry and
30 livestock, or in processing and converting fish, seafood, milk,
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1 meat, and eggs to food products; it also means residual
2 materials generated in the processing, converting, or
3 manufacturing of fruits, vegetables, crops and other commodities
4 into marketable food items.
5 "Food processing wastes used for agricultural purposes." The
6 use of food processing wastes in normal farming operations as
7 defined in this section.
8 "Hazardous waste." Any garbage, refuse, sludge from sewage,
9 industrial or other waste water treatment plant, water supply
10 treatment plant, or air pollution control facility and other
11 material including solid, liquid, radioactive and nuclear
12 material, semisolid or contained gaseous material resulting from
13 municipal, commercial, industrial, institutional, mining, or
14 agricultural operations, and from community activities, or any
15 combination of the above, which because of its quantity,
16 concentration, or physical, chemical, or infectious
17 characteristics may:
18 (1) contributes contribute to an increase in mortality <--
19 or an increase in morbidity in either an individual or the
20 total population; or
21 (2) poses pose a present or potential hazard to human <--
22 health or the environment when treated, stored, transported,
23 disposed of or otherwise managed.
24 "Industrial establishment." Any establishment engaged in
25 manufacturing or processing, including, but not limited to
26 factories, foundries, mills, processing plants, refineries,
27 mines and slaughterhouses.
28 "Institutional establishment." Any establishment engaged in
29 service, including, but not limited to, hospitals, nursing
30 homes, orphanages, schools and universities.
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1 "Management." The entire process, or any part thereof, of
2 storage, collection, transportation, processing, treatment, and
3 disposal of solid wastes by any person engaging in such process.
4 "Manifest system." A written record identifying the
5 quantity, composition, origin, routing, and destination of
6 hazardous waste from the point of generation to the point of
7 disposal, treatment or storage.
8 "Mine." Any deep or surface mine, whether active, inactive
9 or abandoned.
10 "Mining." The process of the extraction of minerals from the
11 earth or from waste or stockpiles or from pits or banks.
12 "Municipality." A city, borough, incorporated town, township
13 or county or any authority created by any of the foregoing.
14 "Municipal waste." Any garbage, refuse and other material
15 including solid, liquid, semisolid or contained gaseous material
16 resulting from operation of residential, municipal, commercial
17 or institutional establishments and from community activities
18 and any sludge not meeting the definition of residual or
19 hazardous waste hereunder from a municipal, commercial or
20 institutional water supply treatment plant, waste water
21 treatment plant, or air pollution control facility.
22 "Normal farming operations." The customary and generally
23 accepted activities, practices and procedures that farms adopt,
24 use, or engage in year after year in the production and
25 preparation for market of poultry, livestock, and their
26 products; and in the production, harvesting and preparation for
27 market of agricultural, agronomic, horticultural, silvicultural
28 and aquicultural crops and commodities; provided that such
29 operations are conducted in compliance with applicable laws, and
30 provided that the use or disposal of these materials will not
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1 pollute the air, water, or other natural resources of the
2 Commonwealth, nor adversely affect the public health, welfare or
3 safety. It includes the storage and utilization of agricultural
4 and food process wastes for animal feed, and includes the
5 agricultural utilization of septic tank cleanings and sewage
6 sludges which are generated off-site. It includes the
7 management, collection, storage, transportation, use or disposal
8 of manure, other agricultural waste and food processing waste on
9 land where such materials will improve the condition of the
10 soil, the growth of crops, or in the restoration of the land for
11 the same purposes.
12 "Person." Any individual, partnership, corporation,
13 association, institution, cooperative enterprise, municipal
14 authority, Federal Government or agency, State institution and
15 agency (including, but not limited to, the Department of General
16 Services and the State Public School Buildings Authority),
17 including municipalities as defined hereunder or any other legal
18 entity whatsoever which is recognized by law as the subject of
19 rights and duties. In any provisions of this act prescribing a
20 fine, imprisonment or penalty, or any combination of the
21 foregoing, the term "person" shall include the officers and
22 directors of any corporation or other legal entity having
23 officers and directors.
24 "Pollution." Contamination of any air, water, land or other
25 natural resources of the Commonwealth such as will create or is
26 likely to create a nuisance or to render such air, water, land
27 or other natural resources harmful, detrimental or injurious to
28 public health, safety or welfare, or to domestic, municipal,
29 commercial, industrial, agricultural, recreational or other
30 legitimate beneficial uses, or to livestock, wild animals,
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1 birds, fish or other life.
2 "Processing." Any technology used for the purpose of
3 reducing the volume or bulk of municipal or residual waste or
4 any technology used to convert part or all of such waste
5 materials for reuse. Processing facilities include but are not
6 limited to transfer facilities, composting facilities, and
7 resource recovery facilities.
8 "Residual waste." Any garbage, refuse or other waste
9 including solid, liquid, semisolid, or contained gaseous
10 materials resulting from industrial, mining and agricultural
11 operations and any sludge from an industrial, mining or
12 agricultural water supply treatment facility, waste water
13 treatment facility or air pollution control facility, provided
14 that it is not hazardous.
15 "Secretary." The Secretary of the Department of
16 Environmental Resources of the Commonwealth of Pennsylvania.
17 "Solid waste." Any waste, including but not limited to,
18 municipal, residual or hazardous wastes, including solid,
19 liquid, semisolid or contained gaseous materials.
20 "Storage." The containment of any waste on a temporary basis
21 in such a manner as not to constitute disposal of such waste. It
22 shall be presumed that the containment of any waste in excess of
23 one year constitutes disposal. This presumption can be overcome
24 by clear and convincing evidence to the contrary; however, it
25 shall be conclusive presumption that the storage of wastes in
26 excess of three years constitutes disposal.
27 "Transportation." The removal of any solid waste at any time
28 after generation.
29 "Treatment." Any method, technique, or process, including
30 neutralization, designed to change the physical, chemical, or
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1 biological character or composition of any waste so as to
2 neutralize such waste or so as to render such waste
3 nonhazardous, safer for transport, suitable for recovery,
4 suitable for storage, or reduced in volume. Such term includes
5 any activity or processing designed to change the physical form
6 or chemical composition of waste so as to render it neutral or
7 nonhazardous.
8 Section 104. Powers and duties of the department IN <--
9 CONSOLIDATION WITH THE DEPARTMENT OF HEALTH
10 REGARDING MATTERS OF PUBLIC HEALTH SIGNIFICANCE.
11 The department shall have the power and its duty shall be to:
12 (1) administer the solid waste management program
13 pursuant to the provisions of this act;
14 (2) cooperate with appropriate Federal, State,
15 interstate and local units of government and with appropriate
16 private organizations in carrying out its duties under this
17 act;
18 (3) develop a Statewide solid waste management plan in
19 cooperation with local governments, the Department of
20 Community Affairs, and the State Planning Board; emphasis
21 shall be given to area-wide planning;
22 (4) provide technical assistance to municipalities
23 including the training of personnel;
24 (5) initiate, conduct, and support research,
25 demonstration projects, and investigations, and coordinate
26 all State agency research programs, pertaining to solid waste
27 management systems;
28 (6) regulate the storage, collection, transportation,
29 processing, treatment and disposal of solid waste;
30 (7) issue permits, licenses and orders, and specify the
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1 terms and conditions thereof, and conduct inspections and
2 abate public nuisances to implement the purposes and
3 provisions of this act and the rules, regulations and
4 standards adopted pursuant to this act;
5 (8) require the payment of a fee for the processing of
6 any permit or license application. Permit and license fees
7 shall be in an amount sufficient to cover the aggregate cost
8 of reviewing all applications, acting on all applications,
9 processing all renewals, and administering all the terms and
10 conditions of all permits and all provisions of this act;
11 (9) serve as the agency of the Commonwealth for the
12 receipt of moneys from the Federal government or other public
13 agencies or private agencies and expend such moneys for
14 studies and research with respect to, and for the enforcement
15 and administration of, the purposes and provisions of this
16 act and the rules and regulations promulgated thereunder;
17 (10) institute in a court of competent jurisdiction,
18 proceedings against any person or municipality to compel
19 compliance with the provisions of this act, any rule or
20 regulation issued thereunder, any order of the department, or
21 the terms and conditions of any permit;
22 (11) institute prosecutions against any person or
23 municipality under this act;
24 (12) appoint such advisory committees as the secretary
25 deems necessary and proper to assist the department in
26 carrying out the provisions of this act. The secretary is
27 authorized to pay reasonable and necessary expenses incurred
28 by the members of such advisory committees in carrying out
29 their functions; and
30 (13) do any and all other acts and things not
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1 inconsistent with any provision of this act, which it may
2 deem necessary or proper for the effective enforcement of
3 this act and the rules or regulations which may be
4 promulgated hereunder.
5 Section 105. Powers and duties of the Environmental Quality
6 Board.
7 (a) The Environmental Quality Board shall have the power and
8 its duty shall be to adopt the rules and regulations of the
9 department to accomplish the purposes and to carry out the
10 provisions of this act, including but not limited to the
11 establishment of rules and regulations relating to the
12 protection of safety, health, welfare and property of the public
13 and the air, water and other natural resources of the
14 Commonwealth.
15 (b) The Environmental Quality Board shall, by regulation,
16 set the term of expiration of permits and licenses appropriate
17 to the category of the permit or license.
18 (C) THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND <--
19 ITS DUTY SHALL BE TO ADOPT RULES AND REGULATIONS TO PROVIDE FOR
20 THE COORDINATION OF ADMINISTRATION AND ENFORCEMENT OF THIS ACT
21 BETWEEN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AND COUNTY
22 HEALTH DEPARTMENTS.
23 SECTION 106. POWERS AND DUTIES OF COUNTY HEALTH DEPARTMENTS,
24 LIMITATION.
25 (A) THE COUNTY HEALTH DEPARTMENT OF EACH OF THE COUNTIES OF
26 THE COMMONWEALTH SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO
27 ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT TOGETHER WITH
28 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES.
29 (B) NOTWITHSTANDING THE GRANT OF POWERS IN SUBSECTION (A),
30 IN ANY CASE WHERE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY
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1 A COUNTY HEALTH DEPARTMENT SHALL CONFLICT WITH ADMINISTRATION
2 AND ENFORCEMENT BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES,
3 ADMINISTRATION AND ENFORCEMENT BY THE DEPARTMENT OF
4 ENVIRONMENTAL RESOURCES SHALL TAKE PRECEDENCE OVER
5 ADMINISTRATION AND ENFORCEMENT BY A COUNTY HEALTH DEPARTMENT.
6 Section 106 107. Legislative oversight. <--
7 (a) Prior to the promulgation of proposed regulations
8 relating to this act, the Environmental Quality Board shall
9 submit such proposed regulations to the Joint Legislative Air
10 and Water Pollution Control and Conservation Committee.
11 (b) Upon submission of the proposed regulations to the
12 committee, the committee shall have 60 days in which to approve,
13 modify or veto the proposed regulations. If the committee takes
14 no action within the 60-day period, the regulations shall be
15 deemed to have been approved by the committee. If the committee
16 vetoes the proposed regulations or otherwise raises objections,
17 the board shall withdraw the proposed regulations, or modify
18 them in such a manner as shall be approved by the committee.
19 Upon approval by the committee or the expiration of the 60-day
20 period with no action, the board may proceed to deposit the
21 proposed regulations for publication in the Pennsylvania
22 Bulletin in the manner provided by law.
23 ARTICLE II
24 MUNICIPAL WASTE
25 Section 201. Submission of plans; permits.
26 (a) No person or municipality shall store, collect,
27 transport, process, or dispose of municipal waste within this
28 Commonwealth unless such storage, collection, transportation,
29 processing or disposal is authorized by the rules and
30 regulations of the department and no person or municipality
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1 shall own or operate a municipal waste processing or disposal
2 facility unless such person or municipality has first obtained a
3 permit for such facility from the department.
4 (b) Each municipality with a population density of 300 or
5 more inhabitants per square mile and each municipality with a
6 population density of less than 300 wherein the department has
7 identified a waste problem or a potential waste problem shall
8 submit to the department an officially adopted plan for a
9 municipal waste management system or systems serving the areas
10 within its jurisdiction within two years of the effective date
11 of this section, and shall, from time to time, submit such
12 revisions of said plan as it deems necessary or as the
13 department may require.
14 (c) When more than one municipality has authority over an
15 existing or proposed municipal waste management system or
16 systems or any part thereof, the required plan or any revisions
17 thereof shall be submitted jointly by the municipalities
18 concerned or by an authority or county or by one or more of the
19 municipalities with the concurrence of all the others.
20 (d) Every plan, and any revision thereof, shall delineate
21 areas where municipal waste management systems are in existence
22 and areas where the municipal waste management systems are
23 planned to be available within a ten-year period.
24 (e) Every plan shall:
25 (1) Provide for the orderly extension of municipal waste
26 management systems in a manner consistent with the needs and
27 plans of the whole area, and in a manner which will not
28 create a risk of pollution of the water, air, land or other
29 natural resources of the Commonwealth, nor constitute a
30 public nuisance, and shall otherwise provide for the safe and
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1 sanitary disposal of municipal waste.
2 (2) Take into consideration all aspects of planning,
3 zoning, population estimates, engineering and economics so as
4 to delineate with precision those portions of the area which
5 may reasonably be expected to be served by a municipal waste
6 management system within ten years of the submission of the
7 plan, as well as those areas where it is not reasonably
8 foreseeable that a municipal waste management system will be
9 needed within ten years of the submission of the plan.
10 (3) Take into consideration any existing State plan
11 affecting the development, use and protection of air, water,
12 land or other natural resources.
13 (4) Set forth a time schedule and proposed methods for
14 financing the development, construction and operation of the
15 planned municipal waste management systems, together with the
16 estimated cost thereof.
17 (5) Include a provision for periodic revision of the
18 plan.
19 (6) Include such other information as the department
20 shall require.
21 (f) The plan shall be reviewed by appropriate official
22 planning agencies within a municipality, including a planning
23 agency with area-wide jurisdiction, if one exists and the county
24 planning commission, for consistency with programs of planning
25 for the area, and all such reviews shall be transmitted to the
26 department with the proper plan. In the event a review of any
27 plan has not been transmitted by such planning agency or
28 commission within 90 days of its submission to such agency or
29 commission, then such agency or commission shall be deemed to
30 have waived its right to review the plan, and the department
19790H1840B2396 - 15 -
1 shall then review the plan for approval in the absence of the
2 reviews of such planning agency or commission.
3 (g) The department is hereby authorized to approve or
4 disapprove plans for municipal waste management systems
5 submitted in accordance with this act. Any plan which has not
6 been disapproved within one year of the date of its submission
7 shall be deemed an approved plan, unless notice of pending
8 investigation is given to the applicant by the department before
9 expiration of the one-year period.
10 (h) The department is hereby authorized to approve or
11 disapprove revisions of plans for municipal waste management
12 systems submitted in accordance with this act.
13 (i) The department is authorized to provide technical
14 assistance to counties, municipalities and authorities in
15 coordinating plans for municipal waste management systems
16 required by this act, including revisions of such plans.
17 (j) The department may establish priorities for the time
18 within which plans shall be submitted and may, in appropriate
19 cases, require the submission of joint plans.
20 (k) The department may issue any order or may institute any
21 appropriate legal or equitable action to compel municipalities
22 to submit plans in accordance with this act and the rules,
23 regulations and procedures of the department.
24 (l) The department may order, or obtain an injunction
25 requiring municipalities to implement the plans which they have
26 submitted, in accordance with this act and the rules,
27 regulations and procedures of the department.
28 Section 202. Powers and duties of municipalities.
29 (a) Each municipality shall be responsible for the
30 collection, transportation, processing, and disposal of
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1 municipal waste which is generated or present within its
2 boundaries and shall be responsible for implementing its
3 approved plan as it relates to the storage, collection,
4 transportation, processing, and disposal of its municipal
5 wastes.
6 (b) In carrying out its responsibilities, any such
7 municipality may adopt ordinances, regulations and standards for
8 the storage and collection of municipal wastes which shall be
9 not less stringent than, and not in violation of, the rules,
10 regulations, standards, and procedures of the department for the
11 storage, collection, transportation, processing and disposal of
12 municipal waste. Any ordinances, regulations and standards so
13 adopted shall be made a part of the plan required in section
14 201.
15 (c) Municipalities may contract with any person or other
16 municipality to carry out their responsibilities for the
17 collection, transportation, processing and disposal of municipal
18 wastes, provided that the ultimate disposal is known to be at a
19 site permitted to accept such waste, and provided, further, that
20 no municipality may delegate the duties imposed by this section.
21 Section 203. Grants authorized.
22 (a) The department is authorized to assist municipalities by
23 administering grants to pay up to 50% of the costs of preparing
24 official plans for municipal waste management systems in
25 accordance with the requirements of this act and the rules,
26 regulations, and standards adopted pursuant to this act, and for
27 carrying out related studies, surveys, investigations,
28 inquiries, research and analyses.
29 (b) All grants shall be made from funds appropriated for
30 this purpose by the General Assembly.
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1 ARTICLE III
2 RESIDUAL WASTE
3 Section 301. Management of residual waste.
4 No person or municipality shall store, transport, process, or
5 dispose of residual waste within this Commonwealth unless such
6 storage, transportation, processing or disposal is authorized by
7 the rules and regulations of the department and no person or
8 municipality shall own or operate a residual waste processing or
9 disposal facility unless such person or municipality has first
10 obtained a permit for such facility from the department.
11 Section 302. Disposal, processing and storage of residual waste.
12 (a) It shall be unlawful for any person or municipality to
13 dispose, process, store, or permit the disposal, processing or
14 storage of any residual waste in a manner which is contrary to
15 the rules and regulations of the department or to any permit or
16 to the terms or conditions of any permit or any order issued by
17 the department.
18 (b) It shall be unlawful for any person or municipality who
19 stores, processes, or disposes of residual waste to fail to:
20 (1) Use such methods and facilities as are necessary to
21 prevent leaching, runoff, discharges and emissions from
22 residual waste.
23 (2) Use such methods and facilities as are necessary to
24 prevent the harmful or hazardous mixing of wastes or such
25 mixing as may render disposal in compliance with this act
26 impracticable.
27 (3) Design, construct, operate and maintain facilities
28 and areas in a manner which shall not adversely effect or
29 endanger public health, safety and welfare or the environment
30 or cause a public nuisance.
19790H1840B2396 - 18 -
1 Section 303. Transportation of residual waste.
2 (a) It shall be unlawful for any person or municipality to
3 transport or permit the transportation of residual waste:
4 (1) to any processing or disposal facility within the
5 Commonwealth unless such facility holds a permit issued by
6 the department to accept such waste; or
7 (2) in a manner which is contrary to the rules and
8 regulations of the department or any permit or the conditions
9 of any permit or any order issued by the department.
10 (b) It shall be unlawful for any person or municipality who
11 transports residual waste to fail to:
12 (1) use such methods, equipment and facilities as are
13 necessary to transport residual waste in a manner which shall
14 not adversely affect or endanger the environment or the
15 public health, welfare and safety; and
16 (2) immediately notify the department of any spill or
17 accidental discharge of such waste and take immediate steps
18 to contain and clean up the spill or discharge.
19 ARTICLE IV
20 HAZARDOUS WASTE
21 Section 401. Management of hazardous waste.
22 (a) No person or municipality shall store, transport, treat,
23 or dispose of hazardous waste within this Commonwealth unless
24 such storage, transportation, treatment, or disposal is
25 authorized by the rules and regulations of the department; no
26 person or municipality shall own or operate a hazardous waste
27 storage, treatment or disposal facility unless such person or
28 municipality has first obtained a permit for the storage,
29 treatment and disposal of hazardous waste from the department;
30 and, no person or municipality shall transport hazardous waste
19790H1840B2396 - 19 -
1 within the Commonwealth unless such person or municipality has
2 first obtained a license for the transportation of hazardous
3 waste from the department.
4 (b) The storage, transportation, treatment, and disposal of
5 hazardous waste are hereby declared to be ultrahazardous
6 activities, regardless whether such activities were conducted
7 prior to the enactment hereof.
8 Section 402. Listing of hazardous waste.
9 The Environmental Quality Board shall establish rules and
10 regulations identifying the characteristics of hazardous wastes
11 and listing particular hazardous wastes which shall be subject
12 to the provisions of this act. The list promulgated shall in no
13 event prevent the department from regulating other wastes,
14 which, although not listed, the department has determined to be
15 hazardous; such regulation of hazardous wastes may be by any
16 means including, but not limited to, issuance of orders and the
17 imposition of terms and conditions of permits.
18 Section 403. Generation, transportation, storage, treatment
19 and disposal of hazardous waste.
20 (a) It shall be unlawful for any person or municipality who
21 generates, transports or stores hazardous waste to transfer such
22 waste unless such person or municipality complies with the rules
23 and regulations of the department and the terms or conditions of
24 any applicable permit or license and any applicable order issued
25 by the department.
26 (b) It shall be unlawful for any person or municipality who
27 generates, transports, stores, treats or disposes of hazardous
28 waste to fail to:
29 (1) Maintain such records as are necessary to accurately
30 identify the quantities of hazardous waste generated, the
19790H1840B2396 - 20 -
1 constituents thereof which are significant in quantity or in
2 potential harm to human health or the environment, the method
3 of transportation and the disposition of such wastes; and
4 where applicable, the source and delivery points of such
5 hazardous waste.
6 (2) Label any containers used for the storage,
7 transportation or disposal of such hazardous waste so as to
8 identify accurately such waste.
9 (3) Use containers appropriate for such hazardous waste
10 and for the activity undertaken.
11 (4) Furnish information on the general chemical
12 composition of such hazardous waste to persons transporting,
13 treating, storing or disposing of such wastes.
14 (5) Use a manifest system as required by the department
15 to assure that all such hazardous waste generated is
16 designated for treatment, storage or disposal in such
17 treatment, storage or disposal facilities (other than
18 facilities on the premises where the waste is generated,
19 where the use of a manifest system is not necessary) approved
20 by the department, as provided in this article.
21 (6) Transport hazardous waste for treatment, storage or
22 disposal to such treatment, storage or disposal facilities
23 which the shipper has designated on the manifest form as a
24 facility permitted to receive such waste or as a facility not
25 within the Commonwealth.
26 (7) Submit reports to the department at such times as
27 the department deems necessary, listing out:
28 (i) the quantities of hazardous waste generated
29 during a particular time period; and
30 (ii) the method of disposal of all hazardous waste.
19790H1840B2396 - 21 -
1 (8) Carry out transportation activities in compliance
2 with the rules and regulations of the department and the
3 Pennsylvania Department of Transportation.
4 (9) Treat, store and dispose of all such waste in
5 accordance with the rules and regulations of the department
6 and permits, permit conditions and orders of the department.
7 (10) Develop and implement contingency plans for
8 effective action to minimize and abate hazards from any
9 treatment, storage, transportation or disposal of any
10 hazardous waste.
11 (11) Maintain such operation, train personnel, and
12 assure financial responsibility for such storage, treatment
13 or disposal operations to prevent adverse effects to the
14 public health, safety and welfare and to the environment and
15 to prevent public nuisances.
16 (12) Immediately notify the department and the affected
17 municipality or municipalities of any spill or accidental
18 discharge of such waste in accordance with a contingency plan
19 approved by the department and take immediate steps to
20 contain and clean up the spill or discharge.
21 (c) After January 1, 1981 any producer of any hazardous
22 waste or any producer having a by-product of production which is
23 a hazardous waste may be required by the department to submit to
24 the department for its approval a plan relating to the disposal
25 of such hazardous waste at either an on-site disposal area or an
26 off-site disposal area.
27 Section 404. Transition scheme.
28 Any person or municipality who:
29 (1) owns or operates a hazardous waste storage or
30 treatment facility required to have a permit under this act,
19790H1840B2396 - 22 -
1 which facility is in existence on the effective date of this
2 act;
3 (2) has complied with the requirements of section
4 501(c);
5 (3) has made an application for a permit under this act;
6 and
7 (4) operates and continues to operate in such a manner
8 as will not cause, or create a risk of, a health hazard, a
9 public nuisance, or an adverse effect upon the environment;
10 shall be treated as having been issued such permit until such
11 time as a final departmental action on such application is made.
12 In no instance shall such person or municipality continue to
13 store or treat hazardous wastes without obtaining a permit from
14 the department within two years after the date of enactment
15 hereof.
16 Section 405. Conveyance of disposal site property.
17 After the effective date of this act, the grantor in every
18 deed for the conveyance of property on which hazardous waste is
19 presently being disposed, has ever been disposed or is suspected
20 of having been disposed shall include in the property
21 description section of such deed an acknowledgement of such
22 hazardous waste disposal; such acknowledgement to include to the
23 extent such information is available, but not be limited to, the
24 surface area size and exact location of the disposed waste and a
25 description of the types of hazardous wastes contained therein.
26 Such amended property description shall be made a part of the
27 deed for all future conveyances or transfers of the subject
28 property.
29 ARTICLE V
30 APPLICATIONS AND PERMITS
19790H1840B2396 - 23 -
1 Section 501. Permits and licenses required; transition scheme;
2 reporting requirements.
3 (a) It shall be unlawful for any person or municipality to
4 use, or continue to use, their land or the land of any other
5 person or municipality as a solid waste processing, storage,
6 treatment or disposal area without first obtaining a permit from
7 the department as required by this act: Provided, however, That
8 this section shall not apply to the short-term storage of
9 byproducts which are utilized in the processing or manufacturing
10 of other products, to the extent that such byproducts are not
11 hazardous, and do not create a public nuisance or adversely
12 affect the air, water and other natural resources of the
13 Commonwealth: And provided further, however, That the provisions
14 of this section shall not apply to agricultural waste produced
15 in the course of normal farming operations.
16 (b) It shall be unlawful for any person or municipality to
17 transport hazardous waste within the Commonwealth unless such
18 person or municipality has first obtained a license from the
19 department to conduct such transportation activities.
20 (c) Not later than 90 days after promulgation or revision of
21 regulations under section 402 identifying by its characteristics
22 or listing any substance as hazardous waste, any person or
23 municipality generating or transporting such substance or owning
24 or operating a facility for treatment, storage, or disposal of
25 such substance shall file with the department a notification
26 stating the location and general description of such activity
27 and the identified or listed hazardous wastes handled by such
28 person or municipality. Not more than one such notification
29 shall be required to be filed with respect to the same
30 substance. No identified or listed hazardous waste may be
19790H1840B2396 - 24 -
1 transported, treated, processed, stored or disposed of unless
2 notification has been given as required under this subsection.
3 Section 502. Permit and license application requirements.
4 (a) Application for any permit or license shall be in
5 writing, shall be made on forms provided by the department and
6 shall be accompanied by such plans, designs and relevant data as
7 the department may require. Such plans, designs and data shall
8 be prepared by a registered professional engineer.
9 (b) The application for a permit to operate a hazardous
10 waste storage, treatment or disposal facility shall also be
11 accompanied by a form, prepared and furnished by the department,
12 containing the written consent of the landowner to entry upon
13 any land to be affected by the proposed facility by the
14 Commonwealth and by any of its authorized agents prior to and
15 during operation of the facility and for 20 years after closure
16 of the facility, for the purpose of inspection and for the
17 purpose of any such pollution abatement or pollution prevention
18 activities as the department deems necessary. Such forms shall
19 be deemed to be recordable documents and prior to the initiation
20 of operations under the permit, such forms shall be recorded and
21 entered into the deed book (d.b.v.) indexing system at the
22 office of the Recorder of Deeds in the counties in which the
23 area to be affected under the permit is situated.
24 (c) All records, reports, or information contained in the
25 hazardous waste storage, treatment or disposal facility permit
26 application submitted to the department under this section shall
27 be available to the public; except that the department shall
28 consider a record, report or information or particular portion
29 thereof, confidential in the administration of this act if the
30 applicant can show cause that the records, reports or
19790H1840B2396 - 25 -
1 information, or a particular portion thereof (but not emission
2 or discharge data or information concerning solid waste which is
3 potentially toxic in the environment), if made public, would
4 divulge production or sales figures or methods, processes or
5 production unique to such applicant or would otherwise tend to
6 affect adversely the competitive position of such applicant by
7 revealing trade secrets. Nothing herein shall be construed to
8 prevent disclosure of such report, record or information to the
9 Federal Government or other State agencies as may be necessary
10 for purposes of administration of any Federal or State law.
11 (d) The application for a permit shall set forth the manner
12 in which the operator plans to comply with the requirements of
13 the act of June 25, 1913 (P.L.555, No.355), referred to as the
14 Water Obstructions Act, the act of June 22, 1937 (P.L.1987,
15 No.394), known as "The Clean Streams Law," the act of May 31,
16 1945 (P.L.1198, No.418), known as the "Surface Mining
17 Conservation and Reclamation Act," the act of January 8, 1960
18 (1959 P.L.2119, No.787), known as the "Air Pollution Control
19 Act," and the act of November 26, 1978 (P.L.1375, No.325), known
20 as the "Dam Safety Act," as applicable. No approval shall be
21 granted unless the plan provides for compliance with the
22 statutes hereinabove enumerated, and failure to comply with the
23 statutes hereinabove enumerated during construction and
24 operation or thereafter shall render the operator liable to the
25 sanctions and penalties provided in this act for violations of
26 this act and to the sanctions and penalties provided in the
27 statutes hereinabove enumerated for violations of such statutes.
28 Such failure to comply shall be cause for revocation of any
29 approval or permit issued by the department to the operator.
30 Compliance with the provisions of this subsection and with the
19790H1840B2396 - 26 -
1 provisions of this act and the provisions of the statutes
2 hereinabove enumerated shall not relieve the operator of the
3 responsibility for complying with the provisions of all other
4 applicable statutes, including, but not limited to the act of
5 July 17, 1961 (P.L.659, No.339), known as the "Pennsylvania
6 Bituminous Coal Mine Act," the act of November 10, 1965
7 (P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
8 Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
9 entitled "An act providing emergency medical personnel;
10 employment of emergency medical personnel and emergency
11 communications in coal mines."
12 (e) The application for a permit shall certify that the
13 operator has in force, or will, prior to the initiation of
14 operations under the permit have in force, an ordinary public
15 liability insurance policy in an amount to be prescribed by
16 rules and regulations promulgated hereunder.
17 (f) The department may require such other information, and
18 impose such other terms and conditions, as it deems necessary or
19 proper to achieve the goals and purposes of this act.
20 Section 503. Granting, denying, renewing, modifying, revoking
21 and suspending permits and licenses.
22 (a) Upon approval of the application, the department shall
23 issue a permit for the operation of a solid waste storage,
24 treatment, processing or disposal facility or area or a license
25 for the transportation of hazardous wastes, as set forth in the
26 application and further conditioned by the department.
27 (b) No permit shall be issued unless and until all
28 applicable bonds have been posted with the department.
29 (c) In carrying out the provisions of this act, the
30 department may deny, suspend, modify, or revoke any permit or
19790H1840B2396 - 27 -
1 license if it finds that the applicant, permittee or licensee
2 has failed or continues to fail to comply with any provision of
3 this act, the act of June 25, 1913 (P.L.555, No.355), referred
4 to as the Water Obstructions Act, the act of June 22, 1937
5 (P.L.1987, No.394), known as "The Clean Streams Law," the act of
6 January 8, 1960 (1959 P.L.2119, No.787), known as the "Air
7 Pollution Control Act," and the act of November 26, 1978
8 (P.L.1375, No.325), known as the "Dam Safety Act," or any other
9 state or Federal statute relating to environmental protection or
10 to the protection of the public health, safety and welfare; or
11 any rule or regulation of the department; or any order of the
12 department; or any condition of any permit or license issued by
13 the department; or if the department finds that the applicant,
14 permittee or licensee has shown a lack of ability or intention
15 to comply with any provision of this act or any of the acts
16 referred to in this subsection or any rule or regulation of the
17 department or order of the department, or any condition of any
18 permit or license issued by the department as indicated by past
19 or continuing violations. In the case of a corporate applicant,
20 permittee or licensee, the department may deny the issuance of a
21 license or permit if it finds that a principal of the
22 corporation was a principal of another corporation which
23 committed past violations of this act.
24 (d) Any person or municipality which has engaged in unlawful
25 conduct as defined in this act, or whose partner, associate,
26 officer, parent corporation, subsidiary corporation, contractor,
27 subcontractor or agent has engaged in such unlawful conduct,
28 shall be denied any permit or license required by this act
29 unless the permit or license application demonstrates to the
30 satisfaction of the department that the unlawful conduct has
19790H1840B2396 - 28 -
1 been corrected. Independent contractors and agents who are to
2 operate under any permit shall be subject to the provisions of
3 this act. Such independent contractors, agents and the permittee
4 shall be jointly and severally liable, without regard to fault,
5 for violations of this act which occur during the contractor's
6 or agent's involvement in the course of operations.
7 (e) Any permit or license granted by the department, as
8 provided in this act, shall be revocable or subject to
9 modification or suspension at any time the department determines
10 that the solid waste storage, treatment, processing or disposal
11 facility or area or transportation of solid waste:
12 (1) is, or has been, conducted in violation of this act
13 or the rules, regulations, adopted pursuant to the act;
14 (2) is creating a public nuisance;
15 (3) is creating a potential hazard to the public health,
16 safety and welfare;
17 (4) adversely affects the environment;
18 (5) is being operated in violation of any terms or
19 conditions of the permit; or
20 (6) was operated pursuant to a permit or license that was
21 not granted in accordance with law.
22 Section 504. Approval by governing body.
23 No permit or license for the disposal of hazardous waste
24 shall be granted without the written consent or approval of the
25 governing body of the county in which the proposed disposal site
26 is located.
27 Section 505. Bonds.
28 (a) Prior to the commencement of operations, the operator of
29 a municipal or residual waste processing or disposal facility or
30 of a hazardous waste storage, treatment or disposal facility for
19790H1840B2396 - 29 -
1 which a permit is required by this section shall file with the
2 department a bond for the land affected by such facility on a
3 form prescribed and furnished by the department. Such bond shall
4 be payable to the Commonwealth and conditioned so that the
5 operator shall comply with the requirements of this act, the act
6 of June 25, 1913 (P.L.555, No.355), referred to as the Water
7 Obstructions Act, the act of June 22, 1937 (P.L.1987, No.394),
8 known as "The Clean Streams Law," the act of May 31, 1945
9 (P.L.1198, No.418), known as the "Surface Mining Conservation
10 and Reclamation Act," the act of January 8, 1960 (1959 P.L.2119,
11 No.787), known as the "Air Pollution Control Act," and the act
12 of November 26, 1978 (P.L.1375, No.325), known as the "Dam
13 Safety Act." The department may require additional bond amounts
14 for the permitted areas should such an increase be determined by
15 the department to be necessary to meet the requirements of this
16 act. The amount of the bond required shall be in an amount
17 determined by the secretary based upon the total estimated cost
18 to the Commonwealth of completing final closure according to the
19 permit granted to such facility and such measures as are
20 necessary to prevent adverse effects upon the environment; such
21 measures include but are not limited to satisfactory monitoring,
22 post-closure care, and remedial measures. The bond amount shall
23 reflect the additional cost to the Commonwealth which may be
24 entailed by being required to bring personnel and equipment to
25 the site. All permits shall be bonded for at least $10,000.
26 Liability under such bond shall be for the duration of the
27 operation, and for a period of ten full years after final
28 closure of the permit site. Such bond shall be executed by the
29 operator and a corporate surety licensed to do business in the
30 Commonwealth and approved by the secretary: Provided, however,
19790H1840B2396 - 30 -
1 That the operator may elect to deposit cash, certificates of
2 deposit, automatically renewable irrevocable letters of credit
3 which are terminable only upon 90 days written notice to the
4 operator and the department, or negotiable bonds of the United
5 States Government or the Commonwealth of Pennsylvania, the
6 Pennsylvania Turnpike Commission, the General State Authority,
7 the State Public School Building Authority, or any municipality
8 within the Commonwealth, with the department in lieu of a
9 corporate surety. The cash amount of such deposit, irrevocable
10 letters of credit or market value of such securities shall be
11 equal at least to the sum of the bond. The secretary shall, upon
12 receipt of any such deposit of cash or negotiable bonds,
13 immediately place the same with the State Treasurer, whose duty
14 it shall be to receive and hold the same in the name of the
15 Commonwealth, in trust, for the purposes for which such deposit
16 is made. The State Treasurer shall at all times be responsible
17 for the custody and safekeeping of such deposits. The operator
18 making the deposit shall be entitled from time to time to demand
19 and receive from the State Treasurer, on the written order of
20 the secretary, the whole or any portion of any collateral so
21 deposited, upon depositing with him, in lieu thereof, other
22 collateral of the classes herein specified having a market value
23 at least equal to the sum of the bond, also to demand, receive
24 and recover the interest and income from said negotiable bonds
25 as the same becomes due and payable: Provided, however, That
26 where negotiable bonds, deposited as aforesaid, mature or are
27 called, the State Treasurer, at the request of the permittee,
28 shall convert such negotiable bonds into such other negotiable
29 bonds of the classes herein specified as may be designated by
30 the permittee: And provided further, That where notice of intent
19790H1840B2396 - 31 -
1 to terminate a letter of credit is given, the department shall,
2 after 30 days written notice to the operator and in the absence
3 of a replacement of such letter of credit within such 30-day
4 period by the operator with other acceptable bond guarantees
5 provided herein, draw upon and convert such letter of credit
6 into cash and hold it as a collateral bond guarantee.
7 (b) In the case of applications for permits where the
8 department determines that the operations are reasonably
9 anticipated to continue for a period of at least ten years from
10 the date of application, the operator may elect to deposit
11 collateral and file a collateral bond as provided in subsection
12 (a) according to the following phase deposit schedule. The
13 operator shall, prior to commencing operations, deposit $10,000
14 or 25% of the amount of the bond determined under subsection
15 (a), whichever is greater. The operator shall, thereafter,
16 annually deposit 10% of the remaining bond amount for a period
17 of ten years. Interest accumulated by such collateral shall
18 become a part of the bond. The department may require additional
19 bonding at any time to meet the intent of subsection (a). The
20 collateral shall be deposited in trust, with the State Treasurer
21 as provided in subsection (a) or with a bank, selected by the
22 department, which shall act as trustee for the benefit of the
23 Commonwealth, according to rules and regulations promulgated
24 hereunder, to guarantee the operator's compliance with this act
25 and the statutes enumerated in subsection (a). The operator
26 shall be required to pay all costs of the trust. The collateral
27 deposit, or part thereof, shall be released of liability and
28 returned to the operator, together with a proportional share of
29 accumulated interest, upon the conditions of and pursuant to the
30 schedule and criteria for release provided in this act.
19790H1840B2396 - 32 -
1 (c) The operator shall, prior to commencing operations on
2 any additional land exceeding the estimate made in the
3 application for a permit, file an additional application and
4 bond. Upon receipt of such additional application and related
5 documents and information as would have been required for the
6 additional land had it been included in the original application
7 for a permit and should all the requirements of this act be met
8 as were necessary to secure the permit, the secretary shall
9 promptly issue an amended permit covering the additional acreage
10 covered by such application, and shall determine the additional
11 bond requirement therefor.
12 (d) If the operator abandons the operation of a municipal or
13 residual waste processing or disposal facility or a hazardous
14 waste storage, treatment or disposal facility for which a permit
15 is required by this section or if the permittee fails or refuses
16 to comply with the requirements of this act in any respect for
17 which liability has been charged on the bond, the secretary
18 shall declare the bond forfeited and shall certify the same to
19 the Department of Justice which shall proceed to enforce and
20 collect the amount of liability forfeited thereon, and where the
21 operation has deposited cash or securities as collateral in lieu
22 of a corporate surety, the secretary shall declare said
23 collateral forfeited and shall direct the State Treasurer to pay
24 said funds into the Waste Abatement Fund. Should any corporate
25 surety fail to promptly pay, in full, forfeited bond, it shall
26 be disqualified from writing any further surety bonds under this
27 act.
28 (e) Prior to the issuance of any license for the
29 transportation of hazardous waste, the applicant for a license
30 shall file with the department a collateral bond on a form
19790H1840B2396 - 33 -
1 prescribed and furnished by the department. Such bond shall be
2 payable to the Commonwealth and conditioned upon compliance by
3 the licensee with every requirement of this act, rule and
4 regulation of the department, order of the department and term
5 and condition of the license. The amount of the bond required
6 shall be in an amount determined by the secretary, but in an
7 amount no less than $10,000. The department may require
8 additional bond amounts if the department determines such
9 additional amounts are necessary to guarantee compliance with
10 this act. The licensee may elect to deposit cash or
11 automatically renewable irrevocable letters of credit which are
12 terminable only upon 90 days written notice to the operator and
13 the department, or negotiable bonds of the United States
14 Government or the Commonwealth of Pennsylvania, the Pennsylvania
15 Turnpike Commission, the General State Authority, the State
16 Public School Building Authority, or any municipality within the
17 Commonwealth. No corporate surety bond is authorized by this
18 subsection. The cash amount of such deposit, irrevocable letters
19 of credit, or market value of such securities shall be equal at
20 least to the sum of the bond. The secretary shall, upon receipt
21 of any such deposit of cash or negotiable bonds, immediately
22 place the same with the State Treasurer, whose duty it shall be
23 to receive and hold the same in the name of the Commonwealth, in
24 trust, for the purposes for which such deposit is made. The
25 State Treasurer shall at all times be responsible for the
26 custody and safekeeping of such deposits. The licensee making
27 the deposit shall be entitled from time to time to demand and
28 receive from the State Treasurer, on the written order of the
29 secretary, the whole or any portion of any collateral so
30 deposited, upon depositing with him, in lieu thereof, other
19790H1840B2396 - 34 -
1 collateral of the classes herein specified having a market value
2 at least equal to the sum of the bond, also to demand, receive
3 and recover the interest and income from said negotiable bonds
4 as the same becomes due and payable: Provided, however, That
5 where negotiable bonds, deposited as aforesaid, mature or are
6 called, the State Treasurer, at the request of the permittee,
7 shall convert such negotiable bonds into such other negotiable
8 bonds of the classes herein specified as may be designated by
9 the permittee: And provided further, That where notice of intent
10 to terminate a letter of credit is given, the department shall,
11 after 30 days written notice to the operator and in the absence
12 of a replacement of such letter of credit within such 30-day
13 period by the operator with other acceptable bond guarantees
14 provided herein, draw upon and convert such letter of credit
15 into cash and hold it as a collateral bond guarantee. Liability
16 under such bond shall be for the duration of the license and for
17 a period of one year after the expiration of the license.
18 Section 506. Financial responsibility.
19 The Environmental Quality Board shall adopt such additional
20 regulations to provide for proof of financial responsibility of
21 owners or operators of hazardous waste storage, treatment, and
22 disposal facilities, as necessary or desirable for closure of
23 the facility, post-closure monitoring and maintenance, sudden
24 and accidental occurrences, and nonsudden and accidental
25 occurrences, and to comply with section 3004 of the Resource
26 Conservation and Recovery Act of 1976 42 U.S.C. § 6924.
27 ARTICLE VI
28 ENFORCEMENT AND REMEDIES
29 Section 601. Public nuisances.
30 Any violation of any provision of this act, any rule or
19790H1840B2396 - 35 -
1 regulation of the department, any order of the department, or
2 any term or condition of any permit, shall constitute a public
3 nuisance. Any person or municipality committing such a violation
4 shall be liable for the costs of abatement of any pollution and
5 any public nuisance caused by such violation. The Environmental
6 Hearing Board and any court of competent jurisdiction is hereby
7 given jurisdiction over actions to recover the costs of such
8 abatement.
9 Section 602. Enforcement orders.
10 (a) The department may issue orders to such persons and
11 municipalities as it deems necessary to aid in the enforcement
12 of the provisions of this act. Such orders may include, but
13 shall not be limited to, orders modifying, suspending or
14 revoking permits and orders requiring persons and municipalities
15 to cease unlawful activities or operations of a solid waste
16 facility which in the course of its operation is in violation of
17 any provision of this act, any rule or regulation of the
18 department or any terms and conditions of a permit issued under
19 this act. An order issued under this act shall take effect upon
20 notice, unless the order specifies otherwise. An appeal to the
21 Environmental Hearing Board shall not act as a supersedeas. The
22 power of the department to issue an order under this act is in
23 addition to any other remedy which may be afforded to the
24 department pursuant to this act or any other act.
25 (b) If the department finds that the storage, collection,
26 transportation, processing, treatment or disposal of solid waste
27 is causing pollution of the air, water, land or other natural
28 resources of the Commonwealth or is creating a public nuisance,
29 the department may order the person or the municipality to alter
30 its storage, collection, transportation, processing, treatment
19790H1840B2396 - 36 -
1 or disposal systems to provide such storage, collection,
2 transportation, processing, treatment, or disposal systems as
3 will prevent pollution and public nuisances. Such order shall
4 specify the length of time after receipt of the order within
5 which the facility or area shall be repaired, altered,
6 constructed or reconstructed.
7 (c) Any person or municipality ordered by the department to
8 repair, alter, construct, or reconstruct a solid waste facility
9 or area shall take such steps for the repair, alteration,
10 construction, or reconstruction of the facility or area as may
11 be necessary for the storage, processing, treatment and disposal
12 of its solid waste in compliance with this act and the rules and
13 regulations of the department, and standards and orders of the
14 department.
15 Section 603. Duty to comply with orders of the department.
16 It shall be the duty of any person and municipality to
17 proceed diligently to comply with any order issued pursuant to
18 section 602. If such person or municipality fails to proceed
19 diligently, or fails to comply with the order within such time,
20 if any, as may be specified, such person or municipality shall
21 be guilty of contempt, and shall be punished by the court in an
22 appropriate manner and for this purpose, application may be made
23 by the department to the Commonwealth Court, which court is
24 hereby granted jurisdiction.
25 Section 604. Restraining violations.
26 (a) In addition to any other remedies provided in this act,
27 the department may institute a suit in equity in the name of the
28 Commonwealth where a violation of law or nuisance exists for an
29 injunction to restrain a violation of this act or the rules,
30 regulations, standards or orders adopted or issued thereunder
19790H1840B2396 - 37 -
1 and to restrain the maintenance or threat of a public nuisance.
2 In any such proceeding, the court shall, upon motion of the
3 Commonwealth, issue a prohibitory or mandatory preliminary
4 injunction if it finds that the defendant is engaging in
5 unlawful conduct as defined by this act or is engaged in conduct
6 which is causing immediate and irreparable harm to the public.
7 The Commonwealth shall not be required to furnish bond or other
8 security in connection with such proceedings. In addition to an
9 injunction, the court in such equity proceedings, may levy civil
10 penalties as specified in section 605.
11 (b) In addition to any other remedies provided for in this
12 act, upon relation of any district attorney of any county
13 affected, or upon relation of the solicitor of any municipality
14 affected, an action in equity may be brought in a court of
15 competent jurisdiction for an injunction to restrain any and all
16 violations of this act or the rules and regulations promulgated
17 hereunder, or to restrain any public nuisance or detriment to
18 health.
19 (c) The penalties and remedies prescribed by this act shall
20 be deemed concurrent and the existence of or exercise of any
21 remedy shall not prevent the department from exercising any
22 other remedy hereunder, at law or in equity.
23 (d) Actions instituted under this section may be filed in
24 the appropriate court of common pleas or in the Commonwealth
25 Court, which courts are hereby granted jurisdiction to hear such
26 actions.
27 Section 605. Civil penalties.
28 In addition to proceeding under any other remedy available at
29 law or in equity for a violation of any provision of this act,
30 any rule or regulation of the department or order of the
19790H1840B2396 - 38 -
1 department or any term or condition of any permit issued by the
2 department, the department may assess a civil penalty upon a
3 person for such violation. Such a penalty may be assessed
4 whether or not the violation was willful or negligent. In
5 determining the amount of the penalty, the department shall
6 consider the willfulness of the violation, damage to air, water,
7 land or other natural resources of the Commonwealth or their
8 uses, cost of restoration and abatement, savings resulting to
9 the person in consequence of such violation, and other relevant
10 factors. If the violation leads to the issuance of a cessation
11 order or occurs after the release of security for performance, a
12 civil penalty shall be assessed. When the department proposes to
13 assess a civil penalty, it shall inform the person or
14 municipality of the proposed amount of said penalty. The person
15 charged with the penalty shall then have 30 days to pay the
16 proposed penalty in full or, if the person wishes to contest
17 either the amount of the penalty or the fact of the violation,
18 the person shall within such 30 day period file an appeal of
19 such action with the Environmental Hearing Board, and forward
20 the proposed amount to the department within 30 days for
21 placement in an escrow account with the State Treasurer or any
22 Pennsylvania bank. Failure to appeal within 30 days shall result
23 in a waiver of all legal rights to contest the violation or the
24 amount of the penalty. Any other statute to the contrary
25 notwithstanding, there shall be no statute of limitations upon
26 actions brought by the department pursuant to this section. The
27 maximum civil penalty which may be assessed pursuant to this
28 section is $25,000 per offense. Each violation for each separate
29 day and each violation of any provision of this act, any rule or
30 regulation under this act, any order of the department, or any
19790H1840B2396 - 39 -
1 term or condition of a permit shall constitute a separate and
2 distinct offense under this section.
3 Section 606. Criminal penalties.
4 (a) Any person or municipality who violates any provision of
5 this act, the rules and regulations of the department, or any
6 order of the department, or any term or condition of any permit
7 upon conviction thereof in a summary proceeding, shall be
8 sentenced to pay a fine of not less than $100 and not more than
9 $1,000 and costs and, in default of the payment of such fine and
10 costs, to undergo imprisonment for not more than 30 days.
11 (b) Any person or municipality who violates any provision of <--
12 this act, any rule or regulation of the department, any order of
13 the department, or any term or condition of any permit, shall be
14 guilty of a misdemeanor of the third degree and, upon
15 conviction, shall be sentenced to pay a fine of not less than
16 $1,000 but not more than $25,000 per day for each violation or
17 to imprisonment for a period of not more than one year, or both.
18 (c) Any person or municipality who, within two years after a <--
19 conviction of a misdemeanor for any violation of this act,
20 violates any provision of this act, any rule or regulation of
21 the department, any order of the department, or any term or
22 condition of any permit shall be guilty of a misdemeanor of the
23 second degree and, upon conviction, shall be sentenced to pay a
24 fine of not less than $2,500 nor more than $50,000 for each
25 violation or to imprisonment for a period of not more than two
26 years, or both.
27 (d) Any person who stores, transports, treats, or disposes
28 of hazardous waste within the Commonwealth in violation of
29 section 401, or in violation of any order of the department
30 shall be guilty of a felony of the second degree and, upon
19790H1840B2396 - 40 -
1 conviction, shall be sentenced to pay a fine of not less than
2 $2,500 but not more than $100,000 per day for each violation or
3 to imprisonment for not less than two years but not more than
4 ten years, or both.
5 (e) Any person who intentionally, knowingly, recklessly, or
6 negligently stores, transports, treats, or disposes of hazardous
7 waste within the Commonwealth in violation of any provision of
8 this act, and whose acts or omissions cause pollution, a public
9 nuisance or bodily injury to any person, shall be guilty of a
10 felony of the first degree, and upon conviction, shall be
11 sentenced to pay a fine of not less than $10,000 but not more
12 than $500,000 per day for each violation or to a term of
13 imprisonment of not less than two years, but not more than 20
14 years, or both.
15 (f) Each violation for each separate day and each violation
16 of any provision of this act, any rule or regulation of the
17 department, any order of the department, or term and condition
18 of a permit shall constitute a separate and distinct offense
19 under subsections (a), (b), (c), (d) and (e).
20 (g) With respect to the offenses specified in subsection
21 (a), (b), (c) and (d), it is the legislative purpose to impose
22 absolute liability for such offenses.
23 (h) With respect to the offenses specified in subsections
24 (a), (b), (c), (d) and (e), it is the legislative purpose to
25 impose liability on corporations.
26 Section 607. Existing rights and remedies preserved; cumulative
27 remedies authorized.
28 Nothing in this act shall be construed as estopping the
29 Commonwealth, or any district attorney or solicitor of a
30 municipality, from proceeding in courts of law or equity to
19790H1840B2396 - 41 -
1 abate pollution forbidden under this act, or abate nuisances
2 under existing law. It is hereby declared to be the purposes of
3 this act to provide additional and cumulative remedies to
4 control the collection, storage, transportation, processing,
5 treatment, and disposal of solid waste within the Commonwealth,
6 and nothing contained in this act shall in any way abridge or
7 alter rights of action or remedies now or hereafter existing in
8 equity, or under the common law or statutory law, criminal or
9 civil, nor shall any provision in this act, or the granting of
10 any permit under this act, or any act done by virtue of this
11 act, be construed as estopping the Commonwealth, persons or
12 municipalities, in the exercise of their rights under the common
13 law or decisional law or in equity, from proceeding in courts of
14 law or equity to suppress nuisances, or to abate any pollution
15 now or hereafter existing, or to enforce common law or statutory
16 rights. No courts of this Commonwealth having jurisdiction to
17 abate public or private nuisances shall be deprived of such
18 jurisdiction in any action to abate any private or public
19 nuisance instituted by any person for the reasons that such
20 nuisance constitutes air or water pollution.
21 Section 608. Production of materials; recordkeeping
22 requirements; rights of entry.
23 The department and its agents and employees shall under any
24 and all circumstances:
25 (1) Have access to, and require the production of, books
26 and papers, documents, and physical evidence pertinent to any
27 matter under investigation.
28 (2) Require any person or municipality engaged in the
29 storage, transportation, processing, treatment or disposal of
30 any solid waste to establish and maintain such records and
19790H1840B2396 - 42 -
1 make such reports and furnish such information as the
2 department may prescribe.
3 (3) Enter any building, property, premises or place for
4 the purposes of making such investigation or inspection as
5 may be necessary to ascertain the compliance or noncompliance
6 by any person or municipality with the provisions of this act
7 and the rules or regulations promulgated hereunder. In
8 connection with such inspection or investigation, samples may
9 be taken of any solid, semisolid, liquid or contained gaseous
10 material for analysis.
11 Section 609. Search warrants.
12 An agent or employee of the department may apply for a search
13 warrant to any Commonwealth official authorized to issue a
14 search warrant for the purposes of inspecting or examining any
15 property, building, premise, place, book, record or other
16 physical evidence, of conducting tests, or of taking samples of
17 any solid waste. Such warrant shall be issued upon probable
18 cause. It shall be sufficient probable cause to show any of the
19 following:
20 (1) that the inspection, examination, test, or sampling
21 is pursuant to a general administrative plan to determine
22 compliance with this act;
23 (2) that the agent or employee has reason to believe
24 that a violation of this act has occurred or may occur; or
25 (3) that the agent or employee has been refused access
26 to the property, building, premise, place, book, record or
27 physical evidence, or has been prevented from conducting
28 tests or taking samples.
29 Section 610. Unlawful conduct.
30 It shall be unlawful for any person or municipality to:
19790H1840B2396 - 43 -
1 (1) Dump or deposit, or permit the dumping or
2 depositing, of any solid waste onto the surface of the ground
3 or underground or into the waters of the Commonwealth, by any
4 means, unless a permit for the dumping of such solid wastes
5 has been obtained from the department; provided, the
6 Environmental Quality Board may by regulation exempt certain
7 activities associated with normal farming operations as
8 defined by this act from such permit requirements.
9 (2) Construct, alter, operate or utilize a solid waste
10 storage, treatment, processing or disposal facility without a
11 permit from the department as required by this act or in
12 violation of the rules or regulations adopted under this act,
13 or orders of the department, or in violation of any term or
14 condition of any permit issued by the department.
15 (3) Burn solid wastes without a permit from the
16 department.
17 (4) Store, collect, transport, process, treat, or
18 dispose of, or assist in the storage, collection,
19 transportation, processing, treatment, or disposal of, solid
20 waste contrary to the rules or regulations adopted under this
21 act, or orders of the department, or any term or any
22 condition of any permit, or in any manner as to create a
23 public nuisance or to adversely affect the public health,
24 safety and welfare.
25 (5) Transport hazardous waste without first having
26 obtained a license from the department to conduct such
27 transport activities.
28 (6) Transport or permit the transportation of any solid
29 waste to any storage, treatment, processing or disposal
30 facility or area unless such facility or area possesses a
19790H1840B2396 - 44 -
1 permit issued by the department to accept such wastes, or
2 contrary to the rules or regulations adopted under this act,
3 or orders of the department, or in such a manner as to
4 adversely affect or endanger the public health, safety and
5 welfare or environment through which such transportation
6 occurs.
7 (7) Refuse, hinder, obstruct, delay, or threaten any
8 agent or employee of the department in the course of
9 performance of any duty under this act, including, but not
10 limited to, entry and inspection under any circumstances.
11 (8) Consign, assign, sell, entrust, give or in any way
12 transfer residual or hazardous waste which is at any time
13 subsequently, by any such person or any other person;
14 (i) dumped or deposited or discharged in any manner
15 into the surface of the earth or underground or into the
16 waters of the Commonwealth unless a permit for the
17 dumping or depositing or discharging of such residual or
18 hazardous waste has first been obtained from the
19 department; or
20 (ii) stored, treated, processed, disposed of or
21 discharged by a residual or hazardous waste facility
22 unless such facility is operated under a permit first
23 obtained from the department.
24 (9) Cause or assist in the violation of any provision of
25 this act, any rule or regulation of the department, any order
26 of the department or any term or condition of any permit.
27 Section 611. Presumption of law for civil and administrative
28 proceedings.
29 It shall be presumed as a rebuttable presumption of law that
30 a person or municipality which stores, treats, or disposes of
19790H1840B2396 - 45 -
1 hazardous waste shall be liable, without proof of fault,
2 negligence, or causation, for all damages, contamination or
3 pollution within 2,500 feet of the perimeter of the area where
4 hazardous waste activities have been carried out. Such
5 presumption may be overcome by clear and convincing evidence
6 that the person or municipality so charged did not contribute to
7 the damage, contamination, or pollution.
8 Section 612. Collection of fines and penalties.
9 All fines and penalties shall be collectible in any manner
10 provided by law for the collection of debts. If any person
11 liable to pay any such penalty neglects or refuses to pay the
12 same after demand, the amount together with interest and any
13 costs that may accrue, shall be a judgment in favor of the
14 Commonwealth upon the property of such person, but only after
15 same has been entered and docketed of record by the prothonotary
16 of the county where such property is situated. The department
17 may, at any time, transmit to the prothonotaries of the
18 respective counties certified copies of all such judgments, and
19 it shall be the duty of each prothonotary to enter and docket
20 the same of record in his office, and to index the same as
21 judgments are indexed, without requiring the payment of costs as
22 a condition precedent to the entry thereof.
23 Section 613. Recovery of costs of abatement.
24 Any person or municipality who causes a public nuisance shall
25 be liable for the costs of abatement. The department, any
26 Commonwealth agency, or any municipality which undertakes to
27 abate a public nuisance may recover the costs of abatement in an
28 action in equity brought before any court of competent
29 jurisdiction. In addition, the Environmental Hearing Board is
30 hereby given jurisdiction over actions by the department to
19790H1840B2396 - 46 -
1 recover the costs of abatement.
2 Section 614. Forfeiture of contraband.
3 Any vehicle, equipment, or conveyance used for the
4 transportation of disposal of hazardous waste in the commission
5 of an offense under section 606 shall be deemed contraband and
6 shall be seized and forfeited to the department. The provisions
7 of law relating to the seizure, summary and judicial forfeiture,
8 and condemnation of intoxicating liquor shall apply to seizures
9 and forfeitures under the provisions of this section.
10 SECTION 615. RIGHT OF CITIZEN TO INITIATE OR INTERVENE <--
11 IN PROCEEDINGS.
12 ANY CITIZEN OF THIS COMMONWEALTH HAVING AN INTEREST WHICH IS
13 OR MAY BE ADVERSELY AFFECTED SHALL HAVE THE RIGHT ON HIS OWN
14 BEHALF, WITHOUT POSTING BOND, TO INITIATE OR INTERVENE IN ANY
15 ACTION BROUGHT PURSUANT TO SECTION 602, 604, 605 OR 607.
16 Section 615 616. Notice of proposed settlement. <--
17 If a settlement is proposed in any action brought pursuant to
18 section 602, 604, 605, 606 or 607, the terms of such settlement
19 shall be published in a newspaper of general circulation in the
20 area where the violations are alleged to have occurred at least
21 30 days prior to the time when such settlement is to take
22 effect. The publication shall contain a solicitation for public
23 comments concerning such settlement which shall be directed to
24 the government agency bringing the action.
25 ARTICLE VII
26 SOLID WASTE ABATEMENT FUND
27 Section 701. Solid Waste Abatement Fund.
28 All fines, penalties, bond forfeitures and fees collected
29 under the provisions of this act shall be paid into the Treasury
30 of the Commonwealth into a special fund to be known as the
19790H1840B2396 - 47 -
1 "Solid Waste Abatement Fund" hereby established. The Solid Waste
2 Abatement Fund shall be administered by the department for
3 abatement or elimination of present or potential hazards to
4 human health or to the environment from the improper treatment,
5 transportation, storage, processing, or disposal of solid
6 wastes, and for the enforcement of this act.
7 ARTICLE VIII
8 LIBERAL CONSTRUCTION
9 Section 801. Construction of act.
10 The terms and provisions of this act are to be liberally
11 construed, so as to best achieve and effectuate the goals and
12 purposes hereof. The principles of strict liability in tort <--
13 shall apply to all rights of action and remedies with respect to
14 hazardous wastes, provided by this act.
15 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT TO THE <--
16 CONTRARY, THIS ACT SHALL NOT BE CONSTRUED TO EMPOWER ANY AGENCY
17 OF THE COMMONWEALTH OF PENNSYLVANIA TO ACQUIRE, CONSTRUCT OR
18 OPERATE ANY HAZARDOUS WASTE FACILITIES, OTHERWISE KNOWN AS
19 SITING.
20 ARTICLE IX
21 REPEALER; EFFECTIVE DATE
22 Section 901. Repeal.
23 The act of July 31, 1968 (P.L.788, No.241), known as the
24 "Pennsylvania Solid Waste Management Act," is repealed.
25 Section 902. Severability.
26 If any provision of this act or the application thereof to
27 the disposal of nuclear or radioactive wastes is held invalid,
28 such invalidity shall not effect other provisions or
29 applications of this act which can be given effect without the
30 invalid provisions or application and to this end the provisions
19790H1840B2396 - 48 -
1 of this act are declared to be severable.
2 Section 903. Effective date.
3 This act shall take effect immediately.
J9L54RC/19790H1840B2396 - 49 -