SENATE AMENDED PRIOR PRINTER'S NOS. 2263, 2374, 2396, PRINTER'S NO. 3360 3149
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, KLINGAMAN AND DOMBROWSKI, OCTOBER 15, 1979
SENATOR SMITH, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, MAY 19, 1980
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.
1 Section 105. Powers and duties of the Environmental Quality 2 Board. 3 Section 106. Powers and duties of county health 4 departments; limitation. 5 Section 107. Legislative oversight. 6 Article II. Municipal Waste 7 Section 201. Submission of plans; permits. 8 Section 202. Powers and duties of municipalities. 9 Section 203. Grants authorized. 10 Article III. Residual Waste 11 Section 301. Management of residual waste. 12 Section 302. Disposal, processing and storage of residual 13 waste. 14 Section 303. Transportation of residual waste. 15 Article IV. Hazardous Waste 16 Section 401. Management of hazardous waste. 17 Section 402. Listing of hazardous waste. 18 Section 403. Generation, transportation, storage, 19 treatment and disposal of hazardous waste. 20 Section 404. Transition scheme. 21 Section 405. Conveyance of disposal site property. 22 Article V. Applications and Permits 23 Section 501. Permits and licenses required; transition 24 scheme; reporting requirements. 25 Section 502. Permit and license application requirements. 26 Section 503. Granting, denying, renewing, modifying, 27 revoking and suspending permits and licenses. 28 Section 504. Approval by governing body. 29 Section 505. Bonds. 30 Section 506. Financial responsibility. 19790H1840B3360 - 2 -
1 Article VI. Enforcement and Remedies 2 Section 601. Public nuisances. 3 Section 602. Enforcement orders. 4 Section 603. Duty to comply with orders of the department. 5 Section 604. Restraining violations. 6 Section 605. Civil penalties. 7 Section 606. Criminal penalties. 8 Section 607. Existing rights and remedies preserved; 9 cumulative remedies authorized. 10 Section 608. Production of materials; recordkeeping 11 requirements; rights of entry. 12 Section 609. Search warrants. 13 Section 610. Unlawful conduct. 14 Section 611. Presumption of law for civil and administrative <-- 15 proceedings. 16 Section 612 611. Collection of fines and penalties. <-- 17 Section 613 612. Recovery of costs of abatement. <-- 18 Section 614 613. Forfeiture of contraband. <-- 19 Section 615 614. Right of citizen to initiate or intervene in <-- 20 proceedings. 21 Section 616 615. Notice of proposed settlement. <-- 22 SECTION 616. LIMITATION ON ACTION. <-- 23 Article VII. Solid Waste Abatement Fund 24 Section 701. Solid Waste Abatement Fund. 25 ARTICLE VIII. COMMONWEALTH LIABILITY <-- 26 SECTION 801. COMMONWEALTH LIABILITY. 27 Article VIII IX. Liberal Construction <-- 28 Section 801 901. Construction of act. <-- 29 Article IX X. Repealer; Effective Date <-- 30 Section 901 1001. Repeal. <-- 19790H1840B3360 - 3 -
1 Section 902 1002. Severability. <-- 2 Section 903 1003. Effective date. <-- 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 ARTICLE I 6 GENERAL PROVISIONS 7 Section 101. Short title. 8 This act shall be known and may be cited as the "Solid Waste 9 Management Act." 10 Section 102. Legislative finding; declaration of policy. 11 The Legislature hereby determines, declares and finds that, 12 since improper and inadequate solid waste practices create 13 public health hazards, environmental pollution, and economic 14 loss, and cause irreparable harm to the public health, safety 15 and welfare, it is the purpose of this act to: 16 (1) establish and maintain a cooperative State and local 17 program of planning and technical and financial assistance 18 for comprehensive solid waste management; 19 (2) encourage the development of resource recovery as a 20 means of managing solid waste, conserving resources, and 21 supplying energy; 22 (3) require permits for the operation of municipal and 23 residual waste processing and disposal systems, licenses for 24 the transportation of hazardous waste and permits for 25 hazardous waste storage, treatment, and disposal; 26 (4) protect the public health, safety and welfare from 27 the short and long term dangers of transportation, 28 processing, treatment, storage, and disposal of all wastes; 29 and <-- 30 (5) provide a flexible and effective means to implement 19790H1840B3360 - 4 -
1 and enforce the provisions of this act;
2 (6) ESTABLISH THE PENNSYLVANIA HAZARDOUS WASTE <--
3 FACILITIES PLAN, WHICH PLAN SHALL ADDRESS THE PRESENT AND
4 FUTURE NEEDS FOR THE TREATMENT AND DISPOSAL OF HAZARDOUS
5 WASTE IN THIS COMMONWEALTH;
6 (7) DEVELOP AN INVENTORY OF THE NATURE AND QUANTITY OF
7 HAZARDOUS WASTE GENERATED WITHIN THIS COMMONWEALTH OR
8 DISPOSED OF WITHIN THIS COMMONWEALTH, WHEREVER GENERATED;
9 (8) PROJECT THE NATURE AND QUANTITY OF HAZARDOUS WASTE
10 THAT WILL BE GENERATED WITHIN THIS COMMONWEALTH IN THE NEXT
11 20 YEARS OR WILL BE DISPOSED OF WITHIN THIS COMMONWEALTH,
12 WHEREVER GENERATED; AND <--
13 (9) PROVIDE A MECHANISM TO ESTABLISH HAZARDOUS WASTE
14 FACILITY SITES;
15 (10) IMPLEMENT ARTICLE I, SECTION 27 OF THE PENNSYLVANIA <--
16 CONSTITUTION; AND
17 (11) UTILIZE, WHEREVER FEASIBLE, THE CAPABILITIES OF
18 PRIVATE ENTERPRISE IN ACCOMPLISHING THE DESIRED OBJECTIVES OF
19 AN EFFECTIVE, COMPREHENSIVE SOLID WASTE MANAGEMENT PROGRAM.
20 Section 103. Definitions.
21 The following words and phrases when used in this act shall
22 have, unless the context clearly indicates otherwise, the
23 meanings given to them in this section:
24 "Abatement." The restoration, reclamation, recovery, etc.,
25 of a natural resource adversely affected by the activity of a
26 person, permittee or municipality.
27 "Agricultural waste." Poultry and livestock manure, or
28 residual materials in liquid or solid form generated in the
29 production and marketing of poultry, livestock, fur bearing
30 animals, and their products, provided that such agricultural
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1 waste is not hazardous. The term includes the residual materials
2 generated in producing, harvesting, and marketing of all
3 agronomic, horticultural, and silvicultural crops or commodities
4 grown on what are usually recognized and accepted as farms,
5 forests, or other agricultural lands.
6 "CAPTIVE FACILITIES." FACILITIES WHICH ARE LOCATED UPON <--
7 LANDS OWNED BY A GENERATOR OF HAZARDOUS WASTE AND WHICH ARE
8 OPERATED TO PROVIDE FOR THE TREATMENT OR DISPOSAL SOLELY OF SUCH
9 GENERATOR'S HAZARDOUS WASTE.
10 "Commercial establishment." Any establishment engaged in
11 nonmanufacturing or processing NONPROCESSING business, <--
12 including, but not limited to, stores, markets, office
13 buildings, restaurants, shopping centers and theaters.
14 "Commonwealth." The Commonwealth of Pennsylvania.
15 "Department." The Department of Environmental Resources of
16 the Commonwealth of Pennsylvania and its authorized
17 representatives.
18 "Disposal." The incineration, deposition, injection,
19 dumping, spilling, leaking, or placing of solid waste into or on
20 the land or water in a manner that the solid waste or a
21 constituent of the solid waste enters the environment, is
22 emitted into the air or is discharged to the waters of the
23 Commonwealth.
24 "Food processing waste." Residual materials in liquid or
25 solid form generated in the slaughtering of poultry and
26 livestock, or in processing and converting fish, seafood, milk,
27 meat, and eggs to food products; it also means residual
28 materials generated in the processing, converting, or
29 manufacturing of fruits, vegetables, crops and other commodities
30 into marketable food items.
19790H1840B3360 - 6 -
1 "Food processing wastes used for agricultural purposes." The 2 use of food processing wastes in normal farming operations as 3 defined in this section. 4 "Hazardous waste." Any garbage, refuse, sludge from sewage, <-- 5 AN industrial or other waste water treatment plant, SLUDGE FROM <-- 6 A water supply treatment plant, or air pollution control 7 facility and other DISCARDED material including solid, liquid, <-- 8 radioactive and nuclear material, semisolid or contained gaseous <-- 9 material resulting from municipal, commercial, industrial, 10 institutional, mining, or agricultural operations, and from 11 community activities, or any combination of the above, (BUT DOES <-- 12 NOT INCLUDE SOLID OR DISSOLVED MATERIAL IN DOMESTIC SEWAGE, OR 13 SOLID OR DISSOLVED MATERIALS IN IRRIGATION RETURN FLOWS OR 14 INDUSTRIAL DISCHARGES WHICH ARE POINT SOURCES SUBJECT TO PERMITS 15 UNDER § 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS 16 AMENDED (86 STAT. 880) OR SOURCE, SPECIAL NUCLEAR, OR BY-PRODUCT 17 MATERIAL AS DEFINED BY THE U.S. ATOMIC ENERGY ACT OF 1954, AS 18 AMENDED (68 STAT. 923)), which because of its quantity, 19 concentration, or physical, chemical, or infectious 20 characteristics may: 21 (1) CAUSE OR SIGNIFICANTLY contribute to an increase in <-- 22 mortality or an increase in morbidity in either an individual 23 or the total population; or 24 (2) pose a SUBSTANTIAL present or potential hazard to <-- 25 human health or the environment when IMPROPERLY treated, <-- 26 stored, transported, disposed of or otherwise managed. 27 THE TERM "HAZARDOUS WASTE" SHALL NOT INCLUDE COAL REFUSE AS <-- 28 DEFINED IN THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), 29 KNOWN AS THE "COAL REFUSE DISPOSAL CONTROL ACT." "HAZARDOUS 30 WASTE" SHALL NOT INCLUDE TREATMENT SLUDGES FROM COAL MINE 19790H1840B3360 - 7 -
1 DRAINAGE TREATMENT PLANTS, DISPOSAL OF WHICH IS BEING CARRIED ON 2 PURSUANT TO AND IN COMPLIANCE WITH A VALID PERMIT ISSUED 3 PURSUANT TO THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN 4 AS "THE CLEAN STREAMS LAW." 5 "Industrial establishment." Any establishment engaged in 6 manufacturing or processing, including, but not limited to 7 factories, foundries, mills, processing plants, refineries, 8 mines and slaughterhouses. 9 "Institutional establishment." Any establishment engaged in 10 service, including, but not limited to, hospitals, nursing 11 homes, orphanages, schools and universities. 12 "Management." The entire process, or any part thereof, of 13 storage, collection, transportation, processing, treatment, and 14 disposal of solid wastes by any person engaging in such process. 15 "Manifest system." A written record identifying the 16 quantity, composition, origin, routing, and destination of 17 hazardous waste from the point of generation to the point of 18 disposal, treatment or storage. 19 "Mine." Any deep or surface mine, whether active, inactive 20 or abandoned. 21 "Mining." The process of the extraction of minerals from the 22 earth or from waste or stockpiles or from pits or banks. 23 "Municipality." A city, borough, incorporated town, township 24 or county or any authority created by any of the foregoing. 25 "Municipal waste." Any garbage, refuse, INDUSTRIAL LUNCHROOM <-- 26 OR OFFICE WASTE and other material including solid, liquid, 27 semisolid or contained gaseous material resulting from operation 28 of residential, municipal, commercial or institutional 29 establishments and from community activities and any sludge not 30 meeting the definition of residual or hazardous waste hereunder 19790H1840B3360 - 8 -
1 from a municipal, commercial or institutional water supply 2 treatment plant, waste water treatment plant, or air pollution 3 control facility. 4 "Normal farming operations." The customary and generally 5 accepted activities, practices and procedures that farms adopt, 6 use, or engage in year after year in the production and 7 preparation for market of poultry, livestock, and their 8 products; and in the production, harvesting and preparation for 9 market of agricultural, agronomic, horticultural, silvicultural 10 and aquicultural crops and commodities; provided that such 11 operations are conducted in compliance with applicable laws, and 12 provided that the use or disposal of these materials will not 13 pollute the air, water, or other natural resources of the 14 Commonwealth., nor adversely affect the public health, welfare <-- 15 or safety. It includes the storage and utilization of 16 agricultural and food process wastes for animal feed, and 17 includes the agricultural utilization of septic tank cleanings 18 and sewage sludges which are generated off-site. It includes the 19 management, collection, storage, transportation, use or disposal 20 of manure, other agricultural waste and food processing waste on 21 land where such materials will improve the condition of the 22 soil, the growth of crops, or in the restoration of the land for 23 the same purposes. 24 "Person." Any individual, partnership, corporation, 25 association, institution, cooperative enterprise, municipal 26 authority, Federal Government or agency, State institution and 27 agency (including, but not limited to, the Department of General 28 Services and the State Public School Buildings Authority), 29 including municipalities as defined hereunder or any other legal <-- 30 entity whatsoever which is recognized by law as the subject of 19790H1840B3360 - 9 -
1 rights and duties. In any provisions of this act prescribing a 2 fine, imprisonment or penalty, or any combination of the 3 foregoing, the term "person" shall include the officers and 4 directors of any corporation or other legal entity having 5 officers and directors. 6 "POINT SOURCES SUBJECT TO PERMITS UNDER § 402 OF THE FEDERAL <-- 7 WATER POLLUTION CONTROL ACT." POINT SOURCE DISCHARGES FOR WHICH 8 VALID AND CURRENT PERMITS HAVE BEEN ISSUED UNDER § 402 OF THE 9 FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86 STAT.880) TO 10 THE EXTENT THAT SUCH DISCHARGES ARE AUTHORIZED BY SAID PERMITS. 11 "Pollution." Contamination of any air, water, land or other 12 natural resources of the Commonwealth such as will create or is 13 likely to create a PUBLIC nuisance or to render such air, water, <-- 14 land or other natural resources harmful, detrimental or 15 injurious to public health, safety or welfare, or to domestic, 16 municipal, commercial, industrial, agricultural, recreational or 17 other legitimate beneficial uses, or to livestock, wild animals, 18 birds, fish or other life. 19 "Processing." Any technology used for the purpose of 20 reducing the volume or bulk of municipal or residual waste or 21 any technology used to convert part or all of such waste 22 materials for OFF-SITE reuse. Processing facilities include but <-- 23 are not limited to transfer facilities, composting facilities, 24 and resource recovery facilities. 25 "Residual waste." Any garbage, refuse, OTHER DISCARDED <-- 26 MATERIAL or other waste including solid, liquid, semisolid, or 27 contained gaseous materials resulting from industrial, mining 28 and agricultural operations and any sludge from an industrial, 29 mining or agricultural water supply treatment facility, waste 30 water treatment facility or air pollution control facility, 19790H1840B3360 - 10 -
1 provided that it is not hazardous. THE TERM "RESIDUAL WASTE" <-- 2 SHALL NOT INCLUDE COAL REFUSE AS DEFINED IN THE "COAL REFUSE 3 DISPOSAL CONTROL ACT." "RESIDUAL WASTE" SHALL NOT INCLUDE 4 TREATMENT SLUDGES FROM COAL MINE DRAINAGE TREATMENT PLANTS, <-- 5 DISPOSAL OF WHICH IS BEING CARRIED ON PURSUANT TO AND IN 6 COMPLIANCE WITH A VALID PERMIT ISSUED PURSUANT TO "THE CLEAN 7 STREAMS LAW." 8 "Secretary." The Secretary of the Department of 9 Environmental Resources of the Commonwealth of Pennsylvania. 10 "Solid waste." Any waste, including but not limited to, 11 municipal, residual or hazardous wastes, including solid, 12 liquid, semisolid or contained gaseous materials. 13 "Storage." The containment of any waste on a temporary basis 14 in such a manner as not to constitute disposal of such waste. It 15 shall be presumed that the containment of any waste in excess of 16 one year constitutes disposal. This presumption can be overcome 17 by clear and convincing evidence to the contrary; however, it 18 shall be conclusive presumption that the storage of wastes in 19 excess of three years constitutes disposal. 20 "Transportation." The OFF-SITE removal of any solid waste at <-- 21 any time after generation. 22 "Treatment." Any method, technique, or process, including 23 neutralization, designed to change the physical, chemical, or 24 biological character or composition of any waste so as to 25 neutralize such waste or so as to render such waste 26 nonhazardous, safer for transport, suitable for recovery, 27 suitable for storage, or reduced in volume. Such term includes 28 any activity or processing designed to change the physical form 29 or chemical composition of waste so as to render it neutral or 30 nonhazardous. 19790H1840B3360 - 11 -
1 Section 104. Powers and duties of the department.
2 The department in consolidation CONSULTATION with the <--
3 Department of Health regarding matters of public health
4 significance shall have the power and its duty shall be to:
5 (1) administer the solid waste management program
6 pursuant to the provisions of this act;
7 (2) cooperate with appropriate Federal, State,
8 interstate and local units of government and with appropriate
9 private organizations in carrying out its duties under this
10 act;
11 (3) develop a Statewide solid waste management plan in
12 cooperation with local governments, the Department of
13 Community Affairs, THE DEPARTMENT OF COMMERCE and the State <--
14 Planning Board; emphasis shall be given to area-wide
15 planning;
16 (4) provide technical assistance to municipalities
17 including the training of personnel;
18 (5) initiate, conduct, and support research,
19 demonstration projects, and investigations, and coordinate
20 all State agency research programs, pertaining to solid waste
21 management systems;
22 (6) regulate the storage, collection, transportation,
23 processing, treatment and disposal of solid waste;
24 (7) issue permits, licenses and orders, and specify the
25 terms and conditions thereof, and conduct inspections and
26 abate public nuisances to implement the purposes and
27 provisions of this act and the rules, regulations and
28 standards adopted pursuant to this act;
29 (8) require the payment of a fee ACCORDING TO A STANDARD <--
30 UNIFORM SCHEDULE OF PERMIT AND LICENSE FEES for the
19790H1840B3360 - 12 -
1 processing of any permit or license application. Permit and
2 license fees shall be in an amount sufficient to cover the
3 aggregate cost of reviewing all applications, acting on all
4 applications, processing all renewals, and administering all
5 the terms and conditions of all permits and all provisions of
6 this act RELATING THERETO; <--
7 (9) serve as the agency of the Commonwealth for the
8 receipt of moneys from the Federal government or other public
9 agencies or private agencies and expend such moneys for
10 studies and research with respect to, and for the enforcement
11 and administration of, the purposes and provisions of this
12 act and the rules and regulations promulgated thereunder;
13 (10) institute in a court of competent jurisdiction,
14 proceedings against any person or municipality to compel
15 compliance with the provisions of this act, any rule or
16 regulation issued thereunder, any order of the department, or
17 the terms and conditions of any permit;
18 (11) institute prosecutions against any person or
19 municipality under this act;
20 (12) appoint such advisory committees as the secretary
21 deems necessary and proper to assist the department in
22 carrying out the provisions of this act. The secretary is
23 authorized to pay reasonable and necessary expenses incurred
24 by the members of such advisory committees in carrying out
25 their functions; and <--
26 (13) do any and all other acts and things not
27 inconsistent with any provision of this act, which it may
28 deem necessary or proper for the effective enforcement of
29 this act and the rules or regulations which may be
30 promulgated hereunder AFTER CONSULTING WITH THE DEPARTMENT OF <--
19790H1840B3360 - 13 -
1 HEALTH REGARDING MATTERS OF PUBLIC HEALTH SIGNIFICANCE; 2 (14) DEVELOP, PREPARE AND SUBMIT TO THE ENVIRONMENTAL 3 QUALITY BOARD, WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF 4 THIS ACT, ITS PROPOSED PENNSYLVANIA HAZARDOUS WASTE 5 FACILITIES PLAN; 6 (15) DEVELOP, PREPARE AND PUBLISH IN THE PENNSYLVANIA 7 BULLETIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT ITS 8 PRELIMINARY ENVIRONMENTAL, SOCIAL AND ECONOMIC CRITERIA AND <-- 9 STANDARDS FOR SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL 10 FACILITIES; 11 (16) REQUIRE THE PAYMENT OF SUCH ANNUAL INSPECTION FEES 12 AND PERFORM SUCH INSPECTIONS OF HAZARDOUS WASTE TREATMENT AND 13 DISPOSAL FACILITIES EXCLUDING CAPTIVE FACILITIES AS ARE <-- 14 PROVIDED FOR IN THE ENVIRONMENTAL QUALITY BOARD GUIDELINES 15 ADOPTED PURSUANT TO SECTION 105(E)., AND REQUESTED BY THE <-- 16 MUNICIPALITY IN WHICH THE FACILITY IS LOCATED. THIS PROVISION 17 SHALL NOT BE CONSTRUED TO LIMIT OR RESTRICT THE DEPARTMENT'S 18 INSPECTION POWERS AS ELSEWHERE SET FORTH IN THIS ACT; AND 19 (17) ADMINISTER FUNDS COLLECTED BY THE UNITED STATES 20 GOVERNMENT AND GRANTED TO PENNSYLVANIA FOR THE PURPOSE OF 21 CLOSING, MAINTAINING OR MONITORING ABANDONED OR CLOSED 22 HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL SITES 23 EXCLUDING CAPTIVE FACILITIES AND FOR THE PURPOSE OF ACTION TO <-- 24 ABATE OR PREVENT POLLUTION AT SUCH SITES. IF CONGRESS HAS NOT 25 AUTHORIZED THE COLLECTION OF SUCH FUNDS WITHIN ONE YEAR AFTER 26 THE EFFECTIVE DATE OF THIS ACT, OR IF THE DEPARTMENT FINDS 27 THAT THE FUNDING PROGRAM AUTHORIZED IS INADEQUATE, THE 28 DEPARTMENT SHALL TRANSMIT TO THE GENERAL ASSEMBLY WITHIN 15 29 MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT A PROPOSAL FOR 30 THE ESTABLISHMENT OF A FUND IN PENNSYLVANIA COMPRISED OF 19790H1840B3360 - 14 -
1 SURCHARGES COLLECTED FROM USERS OF HAZARDOUS WASTE STORAGE, 2 TREATMENT AND DISPOSAL FACILITIES EXCLUDING CAPTIVE 3 FACILITIES IN THE COMMONWEALTH. SUCH FUND SHALL BE PROPOSED 4 FOR THE PURPOSE OF CLOSING, MAINTAINING OR MONITORING 5 HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL SITES 6 EXCLUDING CAPTIVE FACILITIES WHICH HAVE BEEN ABANDONED OR 7 WHICH HAVE BEEN CLOSED FOR AT LEAST 20 YEARS, AND FOR THE 8 PURPOSE OF TAKING ACTION TO ABATE OR PREVENT POLLUTION AT 9 SUCH CLOSED OR ABANDONED SITES. 10 Section 105. Powers and duties of the Environmental Quality 11 Board. 12 (a) The Environmental Quality Board shall have the power and 13 its duty shall be to adopt the rules and regulations of the 14 department to accomplish the purposes and to carry out the 15 provisions of this act, including but not limited to the 16 establishment of rules and regulations relating to the 17 protection of safety, health, welfare and property of the public 18 and the air, water and other natural resources of the 19 Commonwealth. 20 (b) The Environmental Quality Board shall, by regulation, 21 set the term of expiration of permits and licenses appropriate 22 to the category of the permit or license. 23 (c) The Environmental Quality Board shall have the power and 24 its duty shall be to adopt rules and regulations AND STANDARDS <-- 25 to provide for the coordination of administration and 26 enforcement of this act between the Department of Environmental 27 Resources and county health departments WHERE THEY EXIST. <-- 28 (D) THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND 29 ITS DUTY SHALL BE TO ADOPT A PENNSYLVANIA HAZARDOUS WASTE 30 FACILITIES PLAN. 19790H1840B3360 - 15 -
1 (E) THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND 2 ITS DUTY SHALL BE TO ADOPT GUIDELINES WHICH SHALL: 3 (1) PROVIDE FOR THE NECESSARY INSPECTION OF HAZARDOUS 4 WASTE TREATMENT AND DISPOSAL FACILITIES EXCLUDING CAPTIVE <-- 5 FACILITIES CONSIDERING THE DEGREE OF HAZARD AND THE QUANTITY 6 OF WASTES HANDLED. 7 (2) ESTABLISH AN INSPECTION FEE BASED ON THE FREQUENCY 8 OF INSPECTION PROVIDED FOR IN PARAGRAPH (1). 9 (3) ENCOURAGE COOPERATIVE AGREEMENTS BETWEEN LOCAL 10 COMMUNITIES AND THE HAZARDOUS WASTE FACILITY OPERATORS TO 11 MINIMIZE LOCAL CONCERNS REGARDING THE OPERATION OF THE 12 FACILITY. 13 (4) PROVIDE FOR THE NECESSARY INSPECTION OF CAPTIVE <-- 14 TREATMENT OR DISPOSAL FACILITIES CONSIDERING THE DEGREE OF 15 HAZARD AND THE QUANTITY OF WASTES HANDLED. SUCH PROVISION 16 SHALL BE PROMULGATED BY THE BOARD ONLY AT THE REQUEST OF THE 17 MUNICIPALITY IN WHICH THE CAPTIVE TREATMENT OR DISPOSAL 18 FACILITY IS LOCATED. 19 (5) ESTABLISH AN INSPECTION FEE FOR CAPTIVE FACILITIES 20 BASED ON THE FREQUENCY OF INSPECTION PROVIDED FOR IN 21 PARAGRAPH (4). 22 (F) IN ADDITION TO EXERCISING ITS POWERS AND DUTIES UNDER 23 SECTION 1920-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), 24 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," THE ENVIRONMENTAL 25 QUALITY BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO 26 ASSIST IN THE IMPLEMENTATION OF THE PENNSYLVANIA HAZARDOUS WASTE 27 FACILITIES PLAN THROUGH THE ISSUANCE OF CERTIFICATES OF PUBLIC 28 NECESSITY FOR THE ESTABLISHMENT OF HAZARDOUS WASTE TREATMENT OR 29 DISPOSAL FACILITIES. ANY PERSON PRIOR TO APPLYING FOR A 30 CERTIFICATE OF NECESSITY SHALL HAVE OBTAINED ALL PERMITS FROM 19790H1840B3360 - 16 -
1 THE DEPARTMENT OF THE FEDERAL AGENCY AUTHORIZED TO ISSUE SUCH 2 PERMITS IN THE COMMONWEALTH AND SHALL HAVE IMPLEMENTED ALL 3 IMPACT ASSESSMENTS AND PUBLIC PARTICIPATION PROGRAMS. IN ISSUING 4 CERTIFICATES OF PUBLIC NECESSITY THE ENVIRONMENTAL QUALITY BOARD 5 SHALL: 6 (1) PRESCRIBE THE FORM AND CONTENT OF APPLICATIONS FOR A 7 CERTIFICATE OF PUBLIC NECESSITY TO OPERATE A HAZARDOUS WASTE 8 TREATMENT OR DISPOSAL FACILITY. 9 (2) REQUIRE THE PAYMENT OF A FEE FOR THE PROCESSING OF 10 ANY APPLICATION FOR A CERTIFICATE OF PUBLIC NECESSITY. FEES 11 SHALL BE IN AN AMOUNT SUFFICIENT TO COVER THE AGGREGATE COST 12 OF REVIEWING THE APPLICATION AND ACTING ON IT. 13 (3) ISSUE SUCH CERTIFICATES OF PUBLIC NECESSITY FOR THE 14 OPERATION OF HAZARDOUS WASTE TREATMENT AND DISPOSAL 15 FACILITIES AS ARE WARRANTED BY: 16 (I) THE EXTENT TO WHICH THE FACILITY IS IN 17 CONFORMANCE WITH THE PENNSYLVANIA HAZARDOUS WASTE 18 FACILITIES PLAN; 19 (II) THE IMPACT OF THE PROPOSED FACILITY ON ADJACENT 20 POPULATED AREAS AND AREAS THROUGH WHICH WASTES ARE 21 TRANSPORTED TO SUCH FACILITY; 22 (III) THE IMPACT ON THE BOROUGH, TOWNSHIP, TOWN OR 23 CITY IN WHICH THE FACILITY IS TO BE LOCATED IN TERMS OF 24 HEALTH, SAFETY, COST AND CONSISTENCY WITH LOCAL PLANNING; 25 AND 26 (IV) THE EXTENT TO WHICH THE PROPOSED FACILITY HAS 27 BEEN THE SUBJECT OF A PUBLIC PARTICIPATION PROGRAM IN 28 WHICH CITIZENS HAVE HAD A MEANINGFUL OPPORTUNITY TO 29 PARTICIPATE IN EVALUATION OF ALTERNATE SITES OR 30 TECHNOLOGIES, DEVELOPMENT OF SITING CRITERIA, 19790H1840B3360 - 17 -
1 SOCIOECONOMIC ASSESSMENT, AND ALL OTHER PHASES OF THE 2 SITE SELECTION PROCESS. 3 (4) PROVIDE THE PUBLIC WITH OPPORTUNITIES TO COMMENT 4 UPON THE APPLICATION FOR CERTIFICATE OF PUBLIC NECESSITY AND 5 CONSIDER THE COMMENTS SUBMITTED. 6 (5) ACCEPT APPLICATIONS FOR CERTIFICATES OF PUBLIC 7 NECESSITY ONLY FROM PERSONS OR MUNICIPALITIES WHICH HAVE 8 OBTAINED THE NECESSARY SOLID WASTE TREATMENT OR DISPOSAL 9 PERMITS FROM THE DEPARTMENT OR FROM THE FEDERAL AGENCY 10 AUTHORIZED TO ISSUE SUCH PERMITS IN THE COMMONWEALTH. 11 (G) IN CARRYING OUT THE POWERS AND DUTIES SET FORTH IN THIS 12 SUBSECTION, THE BOARD MAY CONSULT WITH ANY PERSON AND HOLD ANY 13 HEARINGS WHICH IT DEEMS NECESSARY AND PROPER TO ENABLE IT TO 14 RENDER A DECISION TO ISSUE OR DENY THE CERTIFICATE OF PUBLIC 15 NECESSITY AND IN ANY SUCH HEARING THE BOARD SHALL BE REPRESENTED 16 BY A MINIMUM OF THREE MEMBERS. 17 (H) ISSUANCE OF A CERTIFICATE OF PUBLIC NECESSITY UNDER THIS 18 SECTION SHALL SUSPEND AND SUPERSEDE ANY AND ALL LOCAL LAWS WHICH 19 WOULD PRECLUDE OR PROHIBIT THE ESTABLISHMENT OF A HAZARDOUS 20 WASTE TREATMENT OR DISPOSAL FACILITY AT SAID SITE, INCLUDING 21 ZONING ORDINANCES. THE SUSPENSION AND SUPERSESSION IS EXPLICITLY 22 EXTENDED TO ANY PERSON TO WHOM SUCH CERTIFICATES ISSUED FOR THE 23 PURPOSE OF HAZARDOUS WASTE TREATMENT OR DISPOSAL, AND TO THE 24 SUCCESSORS AND ASSIGNS OF SUCH PERSON. 25 (I) DURING ALL DELIBERATIONS OF THE BOARD A REPRESENTATIVE 26 OF THE COUNTY AND TOWNSHIP, BOROUGH OR MUNICIPALITY AFFECTED <-- 27 WILL BE INVITED TO PARTICIPATE. 28 (J) REGULATIONS PROMULGATED UNDER THIS SECTION CONCERNING 29 THE GENERATION, TRANSPORTATION, STORAGE, TREATMENT AND DISPOSAL 30 OF HAZARDOUS WASTES MAY, TO THE EXTENT CONSISTENT WITH FEDERAL 19790H1840B3360 - 18 -
1 REGULATIONS PROMULGATED UNDER THE RESOURCE CONSERVATION AND 2 RECOVERY ACT, ESTABLISH CLASSES OF HAZARDOUS WASTES TAKING INTO 3 ACCOUNT THE RELATIVE AVAILABILITY TO THE ENVIRONMENT OF THE 4 HAZARDOUS CONSTITUENTS IN WASTE MATERIALS AND THE DEGREE OF 5 HAZARD THEREBY PRESENTED. 6 Section 106. Powers and duties of county health departments; 7 limitation. 8 (a) The county health department WHERE IT EXISTS of each of <-- 9 the counties of the Commonwealth shall have the power and its <-- 10 duty shall be to administer and enforce the provisions of this 11 act together with the Department of Environmental Resources. MAY <-- 12 ELECT TO ADMINISTER AND ENFORCE ANY OF THE PROVISIONS OF THIS 13 ACT TOGETHER WITH THE DEPARTMENT IN ACCORDANCE WITH THE <-- 14 ESTABLISHED POLICIES, PROCEDURES, GUIDELINES, STANDARDS AND 15 RULES AND REGULATIONS OF THE DEPARTMENT. WHERE THIS PROGRAM 16 ACTIVITY EXCEEDS THE MINIMUM PROGRAM REQUIREMENTS ADOPTED BY THE 17 ADVISORY HEALTH BOARD UNDER THE PROVISIONS OF THE ACT OF AUGUST 18 24, 1951 (P.L.1304, NO.315), KNOWN AS THE "LOCAL HEALTH 19 ADMINISTRATION LAW," SUCH ACTIVITY MAY BE FUNDED THROUGH 20 CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT. THE DEPARTMENT IS 21 AUTHORIZED TO PROVIDE FUNDS TO COUNTY HEALTH DEPARTMENTS FROM 22 FUNDS APPROPRIATED FOR THIS PURPOSE BY THE GENERAL ASSEMBLY. 23 (b) Notwithstanding the grant of powers in subsection (a), 24 in any case where administration and enforcement of this act by 25 a county health department shall conflict with administration 26 and enforcement by the Department of Environmental Resources, 27 administration and enforcement by the Department of 28 Environmental Resources shall take precedence over 29 administration and enforcement by a county health department. 30 Section 107. Legislative oversight. 19790H1840B3360 - 19 -
1 (a) Prior to the promulgation of proposed regulations <-- 2 relating to this act, the Environmental Quality Board shall 3 submit such proposed regulations to the Joint Legislative Air 4 and Water Pollution Control and Conservation Committee. 5 (b) Upon submission of the proposed regulations to the 6 committee, the committee shall have 60 days in which to approve, 7 modify or veto the proposed regulations. If the committee takes 8 no action within the 60-day period, the regulations shall be 9 deemed to have been approved by the committee. If the committee 10 vetoes the proposed regulations or otherwise raises objections, 11 the board shall withdraw the proposed regulations, or modify 12 them in such a manner as shall be approved by the committee. 13 Upon approval by the committee or the expiration of the 60-day 14 period with no action, the board may proceed to deposit the 15 proposed regulations for publication in the Pennsylvania 16 Bulletin in the manner provided by law. 17 AT LEAST 30 DAYS PRIOR TO CONSIDERATION BY THE ENVIRONMENTAL <-- 18 QUALITY BOARD OF DRAFT REGULATIONS FOR PROPOSED RULEMAKING, THE 19 DEPARTMENT SHALL SUBMIT SUCH DRAFT REGULATIONS TO THE SENATE 20 ENVIRONMENTAL RESOURCES AND HOUSE CONSERVATION COMMITTEES OF THE 21 GENERAL ASSEMBLY FOR THEIR REVIEW AND COMMENT. 22 SECTION 108. POWERS AND DUTIES OF THE ENVIRONMENTAL HEARING 23 BOARD. 24 IN ADDITION TO EXERCISING ITS POWERS AND DUTIES TO HOLD 25 HEARINGS AND ISSUE ADJUDICATIONS OR ANY ORDER, PERMIT, LICENSE 26 OR DECISION OF THE DEPARTMENT ACCORDING TO THE PROVISIONS OF 27 "THE ADMINISTRATIVE CODE OF 1929" AND THE ADMINISTRATIVE AGENCY 28 LAW, THE ENVIRONMENTAL HEARING BOARD SHALL HAVE THE POWER AND 29 ITS DUTY SHALL BE TO HOLD, IF REQUESTED TO DO SO BY ANY PERSON <-- 30 OR MUNICIPALITY RECEIVING PARTY TO A DULY PERFECTED APPEAL OF AN 19790H1840B3360 - 20 -
1 ORAL ORDER UNDER SECTION 602(D), TO HOLD A HEARING ON THE ANY <-- 2 DULY FILED PETITION FOR SUPERSEDEAS OF SUCH ORDER WITHIN SIX 3 BUSINESS DAYS OF THE RECEIPT OF SUCH ORDER REQUEST BY THE BOARD. <-- 4 ARTICLE II 5 MUNICIPAL WASTE 6 Section 201. Submission of plans; permits. 7 (a) No person or municipality shall store, collect, 8 transport, process, or dispose of municipal waste within this 9 Commonwealth unless such storage, collection, transportation, 10 processing or disposal is authorized by the rules and 11 regulations of the department and no person or municipality 12 shall own or operate a municipal waste processing or disposal 13 facility unless such person or municipality has first obtained a 14 permit for such facility from the department. 15 (b) Each municipality with a population density of 300 or <-- 16 more inhabitants per square mile and each municipality with a 17 population density of less than 300 wherein the department has 18 identified a waste problem or a potential waste problem WITH A <-- 19 POPULATION DENSITY OF 300 OR MORE INHABITANTS PER SQUARE MILE 20 AND EACH MUNICIPALITY WITH A POPULATION DENSITY OF LESS THAN 300 21 WHEREIN THE DEPARTMENT HAS IDENTIFIED A WASTE PROBLEM OR A 22 POTENTIAL WASTE PROBLEM shall submit to the department an 23 officially adopted plan for a municipal waste management system 24 or systems serving the areas within its jurisdiction within two 25 years of the effective date of this section, and shall, from 26 time to time, submit such revisions of said plan as it deems 27 necessary or as the department may require. 28 (c) When more than one municipality has authority over an 29 existing or proposed municipal waste management system or 30 systems or any part thereof, the required plan or any revisions 19790H1840B3360 - 21 -
1 thereof shall be submitted jointly by the municipalities 2 concerned or by an authority or county or by one or more of the 3 municipalities with the concurrence of all the others. 4 (d) Every plan, and any revision thereof, shall delineate 5 areas where municipal waste management systems are in existence 6 and areas where the municipal waste management systems are 7 planned to be available within a ten-year period. 8 (e) Every plan shall: 9 (1) Provide for the orderly extension of municipal waste 10 management systems in a manner consistent with the needs and 11 plans of the whole area, and in a manner which will not 12 create a risk of pollution of the water, air, land or other 13 natural resources of the Commonwealth, nor constitute a 14 public nuisance, and shall otherwise provide for the safe and 15 sanitary disposal of municipal waste. 16 (2) Take into consideration all aspects of planning, 17 zoning, population estimates, engineering and economics so as 18 to delineate with precision those portions of the area which 19 may reasonably be expected to be served by a municipal waste 20 management system within ten years of the submission of the 21 plan, as well as those areas where it is not reasonably 22 foreseeable that a municipal waste management system will be 23 needed within ten years of the submission of the plan. 24 (3) Take into consideration any existing State plan 25 affecting the development, use and protection of air, water, 26 land or other natural resources. 27 (4) Set forth a time schedule and proposed methods for 28 financing the development, construction and operation of the 29 planned municipal waste management systems, together with the 30 estimated cost thereof. 19790H1840B3360 - 22 -
1 (5) Include a provision for periodic revision of the 2 plan. 3 (6) Include such other information as the department 4 shall require. 5 (f) The plan shall be reviewed by appropriate official 6 planning agencies within a municipality, including a planning 7 agency with area-wide jurisdiction, if one exists, and the <-- 8 county, COUNTY planning commission, AND COUNTY HEALTH DEPARTMENT <-- 9 FOR CONSISTENCY WITH PROGRAMS OF PLANNING IF ONE EXISTS, of 10 planning for the area, and all such reviews shall be transmitted 11 to the department with the proper plan. In the event a review of 12 any plan has not been transmitted by such planning agency or 13 commission within 90 days of its submission to such agency or 14 commission, then such agency or commission shall be deemed to 15 have waived its right to review the plan, and the department 16 shall then review the plan for approval in the absence of the 17 reviews of such planning agency or commission. 18 (g) The department is hereby authorized to approve or 19 disapprove plans for municipal waste management systems 20 submitted in accordance with this act. Any plan which has not 21 been disapproved within one year 120 DAYS of the date of its <-- 22 submission shall be deemed an approved plan, unless notice of 23 pending investigation is given to the applicant by the 24 department before expiration of the one-year 120-DAY period. <-- 25 (h) The department is hereby authorized to approve or 26 disapprove revisions of plans for municipal waste management 27 systems submitted in accordance with this act. 28 (i) The department is authorized to provide technical 29 assistance to counties, municipalities and authorities in 30 coordinating plans for municipal waste management systems 19790H1840B3360 - 23 -
1 required by this act, including revisions of such plans. 2 (j) The department may establish priorities for the time 3 within which plans shall be submitted and may, in appropriate 4 cases, require the submission of joint plans. 5 (k) The department may issue any order or may institute any 6 appropriate legal or equitable action to compel municipalities 7 to submit plans in accordance with this act and the rules, 8 regulations and procedures of the department. 9 (l) The department may order, or obtain an injunction 10 requiring municipalities to implement the plans which they have 11 submitted, in accordance with this act and the rules, 12 regulations and procedures of the department. 13 Section 202. Powers and duties of municipalities. 14 (a) Each municipality shall be responsible for the 15 collection, transportation, processing, and disposal of 16 municipal waste which is generated or present within its 17 boundaries and shall be responsible for implementing its 18 approved plan as it relates to the storage, collection, 19 transportation, processing, and disposal of its municipal 20 wastes. 21 (b) In carrying out its responsibilities, any such 22 municipality may adopt ordinances, regulations and standards for 23 the storage and collection of municipal wastes which shall be 24 not less stringent than, and not in violation of, the rules, 25 regulations, standards, and procedures of the department for the 26 storage, collection, transportation, processing and disposal of 27 municipal waste. Any ordinances, regulations and standards so 28 adopted shall be made a part of the plan required in section 29 201. 30 (c) Municipalities may contract with any person or other 19790H1840B3360 - 24 -
1 municipality to carry out their responsibilities for the
2 collection, transportation, processing and disposal of municipal
3 wastes, provided that the ultimate disposal is known to be at a
4 site permitted to accept such waste, and provided, further, that
5 no municipality may delegate the duties imposed by this section.
6 IN CASES WHERE THE PLANNING AGENCY DETERMINES AND THE GOVERNING <--
7 BODY APPROVES THAT IT IS IN THE PUBLIC INTEREST FOR MUNICIPAL
8 WASTES MANAGEMENT AND DISPOSAL TO BE A PUBLIC FUNCTION, THE PLAN
9 SHALL PROVIDE FOR THE MECHANISMS. MUNICIPALITIES ARE AUTHORIZED
10 TO REQUIRE BY ORDINANCE THAT ALL MUNICIPAL WASTES GENERATED
11 WITHIN THEIR JURISDICTION SHALL BE DISPOSED AT A DESIGNATED
12 FACILITY.
13 Section 203. Grants authorized.
14 (a) The department is authorized to assist municipalities by
15 administering grants to pay up to 50% of the costs of preparing <--
16 official plans for municipal waste management systems in
17 accordance with the requirements of this act and the rules,
18 regulations, and standards adopted pursuant to this act, and for
19 carrying out related studies, surveys, investigations,
20 inquiries, research and analyses.
21 (b) All grants shall be made from funds appropriated for
22 this purpose by the General Assembly.
23 ARTICLE III
24 RESIDUAL WASTE
25 Section 301. Management of residual waste.
26 No person or municipality shall store, transport, process, or
27 dispose of residual waste within this Commonwealth unless such
28 storage, OR transportation, IS CONSISTENT WITH OR SUCH <--
29 processing or disposal is authorized by the rules and
30 regulations of the department and no person or municipality
19790H1840B3360 - 25 -
1 shall own or operate a residual waste processing or disposal 2 facility unless such person or municipality has first obtained a 3 permit for such facility from the department. 4 Section 302. Disposal, processing and storage of residual waste. 5 (a) It shall be unlawful for any person or municipality to 6 dispose, process, store, or permit the disposal, processing or 7 storage of any residual waste in a manner which is contrary to 8 the rules and regulations of the department or to any permit or 9 to the terms or conditions of any permit or any order issued by 10 the department. 11 (b) It shall be unlawful for any person or municipality who 12 stores, processes, or disposes of residual waste to fail to: 13 (1) Use such methods and facilities as are necessary to 14 prevent leaching LEACHATE, runoff, discharges and emissions <-- 15 from residual waste IN ACCORDANCE WITH DEPARTMENT <-- 16 REGULATIONS. 17 (2) Use such methods and facilities as are necessary to 18 prevent the harmful or hazardous mixing of wastes. or such <-- 19 mixing as may render disposal in compliance with this act 20 impracticable. 21 (3) Design, construct, operate and maintain facilities 22 and areas in a manner which shall not adversely effect or 23 endanger public health, safety and welfare or the environment 24 or cause a public nuisance. 25 Section 303. Transportation of residual waste. 26 (a) It shall be unlawful for any person or municipality to 27 transport or permit the transportation of residual waste: 28 (1) to any processing or disposal facility within the 29 Commonwealth unless such facility holds a permit issued by 30 the department to accept such waste; or 19790H1840B3360 - 26 -
1 (2) in a manner which is contrary to the rules and 2 regulations of the department or any permit or the conditions 3 of any permit or any order issued by the department. 4 (b) It shall be unlawful for any person or municipality who 5 transports residual waste to fail to: 6 (1) use such methods, equipment and facilities as are 7 necessary to transport residual waste in a manner which shall 8 not adversely affect or endanger the environment or the 9 public health, welfare and safety; and 10 (2) immediately notify the department of any spill or <-- 11 accidental discharge of such waste and take immediate steps 12 to contain and clean up the spill or discharge. 13 (2) TAKE IMMEDIATE STEPS TO CONTAIN AND CLEAN UP SPILLS <-- 14 OR ACCIDENTAL DISCHARGES OF SUCH WASTE, AND NOTIFY THE 15 DEPARTMENT, PURSUANT TO DEPARTMENT REGULATIONS, OF ALL SPILLS 16 OR ACCIDENTAL DISCHARGES WHICH OCCUR ON PUBLIC HIGHWAYS OR 17 PUBLIC AREAS OR WHICH MAY ENTER THE WATERS OF THE 18 COMMONWEALTH AS DEFINED BY THE ACT OF JUNE 22, 1937 19 (P.L.1987, NO.394), KNOWN AS "THE CLEAN STREAMS LAW," OR ANY 20 OTHER SPILL WHICH IS GOVERNED BY ANY NOTIFICATION 21 REQUIREMENTS OF THE DEPARTMENT. 22 ARTICLE IV 23 HAZARDOUS WASTE 24 Section 401. Management of hazardous waste. 25 (a) No person or municipality shall store, transport, treat, <-- 26 or dispose of hazardous waste within this Commonwealth unless 27 such storage, transportation, treatment, or disposal is 28 authorized by the rules and regulations of the department; no 29 person or municipality shall own or operate a hazardous waste 30 storage, treatment or disposal facility unless such person or 19790H1840B3360 - 27 -
1 municipality has first obtained a permit for the storage, 2 treatment and disposal of hazardous waste from the department; 3 and, no person or municipality shall transport hazardous waste 4 within the Commonwealth unless such person or municipality has 5 first obtained a license for the transportation of hazardous 6 waste from the department. 7 (b) The storage, transportation, treatment, and disposal of <-- 8 hazardous waste are hereby declared to be ultrahazardous 9 activities, WHICH SUBJECT THE PERSON CARRYING ON THOSE <-- 10 ACTIVITIES TO LIABILITY FOR HARM ALTHOUGH HE HAS EXERCISED 11 UTMOST CARE TO PREVENT HARM, regardless whether such activities 12 were conducted prior to the enactment hereof. 13 Section 402. Listing of hazardous waste. 14 The Environmental Quality Board shall establish rules and 15 regulations identifying the characteristics of hazardous wastes 16 and listing particular hazardous wastes which shall be subject 17 to the provisions of this act. The list promulgated shall in no 18 event prevent the department from regulating other wastes, 19 which, although not listed, the department has determined to be 20 hazardous; such regulation of hazardous wastes may be THE <-- 21 DEPARTMENT OF ENVIRONMENTAL RESOURCES MAY REGULATE SUCH 22 HAZARDOUS WASTES WHEN THE DEPARTMENT HAS DETERMINED SUCH WASTE 23 POSES A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO THE HUMAN 24 HEALTH OR THE ENVIRONMENT by any means including, but not 25 limited to, issuance of orders and the imposition of terms and 26 conditions of permits. 27 Section 403. Generation, transportation, storage, treatment 28 and disposal of hazardous waste. 29 (a) It shall be unlawful for any person or municipality who 30 generates, transports or stores hazardous waste to transfer such 19790H1840B3360 - 28 -
1 waste unless such person or municipality complies with the rules 2 and regulations of the department and the terms or conditions of 3 any applicable permit or license and any applicable order issued 4 by the department. 5 (b) It shall be unlawful for any person or municipality who 6 generates, transports, stores, treats or disposes of hazardous 7 waste to fail to: 8 (1) Maintain such records as are necessary to accurately 9 identify the quantities of hazardous waste generated, the 10 constituents thereof which are significant in quantity or in 11 potential harm to human health or the environment, the method 12 of transportation and the disposition of such wastes; and 13 where applicable, the source and delivery points of such 14 hazardous waste. 15 (2) Label any containers used for the storage, 16 transportation or disposal of such hazardous waste so as to 17 identify accurately such waste. 18 (3) Use containers appropriate for such hazardous waste 19 and for the activity undertaken. 20 (4) Furnish information on the general chemical 21 composition of such hazardous waste to persons transporting, 22 treating, storing or disposing of such wastes. 23 (5) Use a manifest system as required by the department 24 to assure that all such hazardous waste generated is 25 designated for treatment, storage or disposal in such 26 treatment, storage or disposal facilities (other than 27 facilities on the premises where the waste is generated, 28 where the use of a manifest system is not necessary) approved 29 by the department, as provided in this article. 30 (6) Transport hazardous waste for treatment, storage or 19790H1840B3360 - 29 -
1 disposal to such treatment, storage or disposal facilities 2 which the shipper has designated on the manifest form as a 3 facility permitted to receive such waste or as a facility not 4 within the Commonwealth. 5 (7) Submit reports to the department at such times as 6 the department deems necessary, listing out: 7 (i) the quantities of hazardous waste generated 8 during a particular time period; and 9 (ii) the method of disposal of all hazardous waste. 10 (8) Carry out transportation activities in compliance 11 with the rules and regulations of the department and the 12 Pennsylvania Department of Transportation. 13 (9) Treat, store and dispose of all such waste in 14 accordance with the rules and regulations of the department 15 and permits, permit conditions and orders of the department. 16 (10) Develop and implement contingency plans for 17 effective action to minimize and abate hazards from any 18 treatment, storage, transportation or disposal of any 19 hazardous waste. 20 (11) Maintain such operation, train personnel, and 21 assure financial responsibility for such storage, treatment 22 or disposal operations to prevent adverse effects to the 23 public health, safety and welfare and to the environment and 24 to prevent public nuisances. 25 (12) Immediately notify the department and the affected 26 municipality or municipalities of any spill or accidental 27 discharge of such waste in accordance with a contingency plan 28 approved by the department and take immediate steps to 29 contain and clean up the spill or discharge. 30 (c) After January 1, 1981 any producer of any hazardous 19790H1840B3360 - 30 -
1 waste or any producer having a by-product of production which is 2 a hazardous waste may be required by the department to submit to 3 the department for its approval a plan relating to the disposal 4 of such hazardous waste at either an on-site disposal area or an 5 off-site disposal area BEFORE TRANSFERRING, TREATING OR <-- 6 DISPOSING OF THIS WASTE. 7 Section 404. Transition scheme. 8 (A) Any person or municipality who: <-- 9 (1) owns or operates a hazardous waste storage or 10 treatment facility required to have a permit under this act, 11 which facility is in existence on the effective date of this 12 act; 13 (2) has complied with the requirements of section 14 501(c); 15 (3) has made an application for a permit under this act; 16 and 17 (4) operates and continues to operate in such a manner 18 as will not cause, or create a risk of, a health hazard, a 19 public nuisance, or an adverse effect upon the environment; 20 shall be treated as having been issued such permit until such 21 time as a final departmental action on such application is made. 22 In no instance shall such person or municipality continue to 23 store or treat hazardous wastes without obtaining a permit from 24 the department within two years after the date of enactment 25 hereof. 26 (B) ANY PERSON OR MUNICIPALITY WHO: <-- 27 (1) AS OF THE EFFECTIVE DATE OF THIS ACT TRANSPORTS 28 HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND IS REQUIRED TO 29 HAVE A LICENSE UNDER THIS ACT; 30 (2) HAS COMPLIED WITH THE REQUIREMENTS OF SECTION 19790H1840B3360 - 31 -
1 501(C); 2 (3) HAS MADE AN APPLICATION FOR A LICENSE UNDER THIS 3 ACT; AND 4 (4) TRANSPORTS AND CONTINUES TO TRANSPORT IN SUCH A 5 MANNER AS WILL NOT CAUSE, OR CREATE A RISK OF, A HEALTH 6 HAZARD, A PUBLIC NUISANCE, OR AN ADVERSE EFFECT UPON THE 7 ENVIRONMENT; SHALL BE TREATED AS HAVING BEEN ISSUED SUCH 8 LICENSE UNTIL SUCH TIME AS A FINAL DEPARTMENTAL ACTION ON 9 SUCH APPLICATION IS MADE. IN NO INSTANCE SHALL SUCH PERSON OR 10 MUNICIPALITY CONTINUE TO TRANSPORT HAZARDOUS WASTE WITHOUT 11 OBTAINING A LICENSE FROM THE DEPARTMENT WITHIN TWO YEARS 12 AFTER THE DATE OF ENACTMENT. 13 Section 405. Conveyance of disposal site property. 14 After the effective date of this act, the grantor in every 15 deed for the conveyance of property on which hazardous waste is 16 presently being disposed, OR has ever been disposed or is <-- 17 suspected of having been disposed shall include in the property 18 description section of such deed an acknowledgement of such 19 hazardous waste disposal; such acknowledgement to include to the 20 extent such information is available, but not be limited to, the 21 surface area size and exact location of the disposed waste and a 22 description of the types of hazardous wastes contained therein. 23 Such amended property description shall be made a part of the 24 deed for all future conveyances or transfers of the subject 25 property. 26 ARTICLE V 27 APPLICATIONS AND PERMITS 28 Section 501. Permits and licenses required; transition scheme; 29 reporting requirements. 30 (a) It shall be unlawful for any person or municipality to 19790H1840B3360 - 32 -
1 use, or continue to use, their land or the land of any other 2 person or municipality as a solid waste processing, storage, 3 treatment or disposal area without first obtaining a permit from 4 the department as required by this act: Provided, however, That 5 this section shall not apply to the short-term storage of 6 byproducts which are utilized in the processing or manufacturing 7 of other products, to the extent that such byproducts are not 8 hazardous, and do not create a public nuisance or adversely 9 affect the air, water and other natural resources of the 10 Commonwealth: And provided further, however, That the provisions 11 of this section shall not apply to agricultural waste produced 12 in the course of normal farming operations NOR THE USE OF FOOD <-- 13 PROCESSING WASTES IN THE COURSE OF NORMAL FARMING OPERATIONS 14 PROVIDED THAT SUCH WASTES ARE NOT CLASSIFIED BY THE BOARD AS 15 HAZARDOUS. 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 19790H1840B3360 - 33 -
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 19790H1840B3360 - 34 -
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 and Encroachments Act," as applicable. No 21 approval shall be granted unless the plan provides for 22 compliance with the statutes hereinabove enumerated, and failure 23 to comply with the statutes hereinabove enumerated during 24 construction and operation or thereafter shall render the 25 operator liable to the sanctions and penalties provided in this 26 act for violations of this act and to the sanctions and 27 penalties provided in the statutes hereinabove enumerated for 28 violations of such statutes. Such failure to comply shall be 29 cause for revocation of any approval or permit issued by the 30 department to the operator. Compliance with the provisions of 19790H1840B3360 - 35 -
1 this subsection and with the provisions of this act and the 2 provisions of the statutes hereinabove enumerated shall not 3 relieve the operator of the responsibility for complying with 4 the provisions of all other applicable statutes, including, but 5 not limited to the act of July 17, 1961 (P.L.659, No.339), known 6 as the "Pennsylvania Bituminous Coal Mine Act," the act of 7 November 10, 1965 (P.L.721, No.346), known as the "Pennsylvania 8 Anthracite Coal Mine Act," and the act of July 9, 1976 (P.L.931, 9 No.178), 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 19790H1840B3360 - 36 -
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 and Encroachments 9 Act," or any other state or Federal statute relating to 10 environmental protection or to the protection of the public 11 health, safety and welfare; or any rule or regulation of the 12 department; or any order of the department; or any condition of 13 any permit or license issued by the department; or if the 14 department finds that the applicant, permittee or licensee has 15 shown a lack of ability or intention to comply with any 16 provision of this act or any of the acts referred to in this 17 subsection or any rule or regulation of the department or order 18 of the department, or any condition of any permit or license 19 issued by the department as indicated by past or continuing 20 violations. In the case of a corporate applicant, permittee or 21 licensee, the department may deny the issuance of a license or 22 permit if it finds that a principal of the corporation was a 23 principal of another corporation which committed past violations 24 of this act. 25 (d) Any person or municipality which has engaged in unlawful 26 conduct as defined in this act, or whose partner, associate, 27 officer, parent corporation, subsidiary corporation, contractor, 28 subcontractor or agent has engaged in such unlawful conduct, 29 shall be denied any permit or license required by this act 30 unless the permit or license application demonstrates to the 19790H1840B3360 - 37 -
1 satisfaction of the department that the unlawful conduct has 2 been corrected. Independent contractors and agents who are to 3 operate under any permit shall be subject to the provisions of 4 this act. Such independent contractors, agents and the permittee 5 shall be jointly and severally liable, without regard to fault, 6 for violations of this act which occur during the contractor's 7 or agent's involvement in the course of operations. 8 (e) Any permit or license granted by the department, as 9 provided in this act, shall be revocable or subject to 10 modification or suspension at any time the department determines 11 that the solid waste storage, treatment, processing or disposal 12 facility or area or transportation of solid waste: 13 (1) is, or has been, conducted in violation of this act 14 or the rules, regulations, adopted pursuant to the act; 15 (2) is creating a public nuisance; 16 (3) is creating a potential hazard to the public health, 17 safety and welfare; 18 (4) adversely affects the environment; 19 (5) is being operated in violation of any terms or 20 conditions of the permit; or 21 (6) was operated pursuant to a permit or license that was 22 not granted in accordance with law. 23 Section 504. Approval by governing body. 24 No permit or license for the disposal of hazardous waste <-- 25 shall be granted without the written consent or approval of the 26 governing body of the county in which the proposed disposal site 27 is located. 28 APPLICATIONS FOR A PERMIT SHALL BE REVIEWED BY THE <-- 29 APPROPRIATE COUNTY, COUNTY PLANNING AGENCY OR COUNTY HEALTH 30 DEPARTMENT WHERE THEY EXIST, AND THEY MAY RECOMMEND TO THE 19790H1840B3360 - 38 -
1 DEPARTMENT CONDITIONS UPON, REVISIONS TO, OR DISAPPROVAL OF THE 2 PERMIT ONLY IF SPECIFIC CAUSE IS IDENTIFIED. IN SUCH CASE THE 3 DEPARTMENT SHALL BE REQUIRED TO PUBLISH IN THE PENNSYLVANIA 4 BULLETIN ITS JUSTIFICATION FOR OVERRIDING THE COUNTY'S 5 RECOMMENDATIONS. IF THE DEPARTMENT DOES NOT RECEIVE COMMENTS 6 WITHIN 60 DAYS, THE COUNTY SHALL BE DEEMED TO HAVE WAIVED ITS 7 RIGHT TO REVIEW. 8 Section 505. Bonds. 9 (a) Prior WITH THE EXCEPTION OF MUNICIPALITIES OPERATING <-- 10 LANDFILLS SOLELY FOR MUNICIPAL WASTE NOT CLASSIFIED HAZARDOUS, 11 PRIOR to the commencement of operations, the operator of a 12 municipal or residual waste processing or disposal facility or 13 of a hazardous waste storage, treatment or disposal facility for 14 which a permit is required by this section shall file with the 15 department a bond for the land affected by such facility on a 16 form prescribed and furnished by the department. Such bond shall 17 be payable to the Commonwealth and conditioned so that the 18 operator shall comply with the requirements of this act, the act <-- 19 of June 25, 1913 (P.L.555, No.355), referred to as the Water 20 Obstructions Act, the act of June 22, 1937 (P.L.1987, No.394), 21 known as "The Clean Streams Law," the act of May 31, 1945 22 (P.L.1198, No.418), known as the "Surface Mining Conservation 23 and Reclamation Act," the act of January 8, 1960 (1959 P.L.2119, 24 No.787), known as the "Air Pollution Control Act," and the act 25 of November 26, 1978 (P.L.1375, No.325), known as the "Dam 26 Safety and Encroachments Act." The department may require 27 additional bond amounts for the permitted areas should such an 28 increase be determined by the department to be necessary to meet 29 the requirements of this act. The amount of the bond required 30 shall be in an amount determined by the secretary based upon the 19790H1840B3360 - 39 -
1 total estimated cost to the Commonwealth of completing final 2 closure according to the permit granted to such facility and 3 such measures as are necessary to prevent adverse effects upon 4 the environment; such measures include but are not limited to 5 satisfactory monitoring, post-closure care, and remedial 6 measures. The bond amount shall reflect the additional cost to 7 the Commonwealth which may be entailed by being required to 8 bring personnel and equipment to the site. All permits shall be 9 bonded for at least $10,000. Liability under such bond shall be 10 for the duration of the operation, and for a period of UP TO ten <-- 11 full years after final closure of the permit site. Such bond 12 shall be executed by the operator and a corporate surety 13 licensed to do business in the Commonwealth and approved by the 14 secretary: Provided, however, That the operator may elect to 15 deposit cash, certificates of deposit, automatically renewable 16 irrevocable letters of credit which are terminable only upon 90 17 days written notice to the operator and the department, or 18 negotiable bonds of the United States Government or the 19 Commonwealth of Pennsylvania, the Pennsylvania Turnpike 20 Commission, the General State Authority, the State Public School 21 Building Authority, or any municipality within the Commonwealth, 22 with the department in lieu of a corporate surety. The cash 23 amount of such deposit, irrevocable letters of credit or market 24 value of such securities shall be equal at least to the sum of 25 the bond. The secretary shall, upon receipt of any such deposit 26 of cash or negotiable bonds, immediately place the same with the 27 State Treasurer, whose duty it shall be to receive and hold the 28 same in the name of the Commonwealth, in trust, for the purposes 29 for which such deposit is made. The State Treasurer shall at all 30 times be responsible for the custody and safekeeping of such 19790H1840B3360 - 40 -
1 deposits. The operator making the deposit shall be entitled from 2 time to time to demand and receive from the State Treasurer, on 3 the written order of the secretary, the whole or any portion of 4 any collateral so deposited, upon depositing with him, in lieu 5 thereof, other collateral of the classes herein specified having 6 a market value at least equal to the sum of the bond, also to 7 demand, receive and recover the interest and income from said 8 negotiable bonds as the same becomes due and payable: Provided, 9 however, That where negotiable bonds, deposited as aforesaid, 10 mature or are called, the State Treasurer, at the request of the 11 permittee, shall convert such negotiable bonds into such other 12 negotiable bonds of the classes herein specified as may be 13 designated by the permittee: And provided further, That where 14 notice of intent to terminate a letter of credit is given, the 15 department shall, after 30 days written notice to the operator 16 and in the absence of a replacement of such letter of credit 17 within such 30-day period by the operator with other acceptable 18 bond guarantees provided herein, draw upon and convert such 19 letter of credit into cash and hold it as a collateral bond 20 guarantee. 21 (b) In the case of applications for permits where the 22 department determines that the operations are reasonably 23 anticipated to continue for a period of at least ten years from 24 the date of application, the operator may elect to deposit 25 collateral and file a collateral bond as provided in subsection 26 (a) according to the following phase deposit schedule. The 27 operator shall, prior to commencing operations, deposit $10,000 28 or 25% of the amount of the bond determined under subsection 29 (a), whichever is greater. The operator shall, thereafter, 30 annually deposit 10% of the remaining bond amount for a period 19790H1840B3360 - 41 -
1 of ten years. Interest accumulated by such collateral shall 2 become a part of the bond. The department may require additional 3 bonding at any time to meet the intent of subsection (a). The 4 collateral shall be deposited in trust, with the State Treasurer 5 as provided in subsection (a) or with a bank, selected by the 6 department, which shall act as trustee for the benefit of the 7 Commonwealth, according to rules and regulations promulgated 8 hereunder, to guarantee the operator's compliance with this act 9 and the statutes enumerated in subsection (a). The operator 10 shall be required to pay all costs of the trust. The collateral 11 deposit, or part thereof, shall be released of liability and 12 returned to the operator, together with a proportional share of 13 accumulated interest, upon the conditions of and pursuant to the 14 schedule and criteria for release provided in this act. 15 (c) The operator shall, prior to commencing operations on 16 any additional land exceeding the estimate made in the 17 application for a permit, file an additional application and 18 bond. Upon receipt of such additional application and related 19 documents and information as would have been required for the 20 additional land had it been included in the original application 21 for a permit and should all the requirements of this act be met 22 as were necessary to secure the permit, the secretary shall 23 promptly issue an amended permit covering the additional acreage 24 covered by such application, and shall determine the additional 25 bond requirement therefor. 26 (d) If the operator abandons the operation of a municipal or 27 residual waste processing or disposal facility or a hazardous 28 waste storage, treatment or disposal facility for which a permit 29 is required by this section or if the permittee fails or refuses 30 to comply with the requirements of this act in any respect for 19790H1840B3360 - 42 -
1 which liability has been charged on the bond, the secretary 2 shall declare the bond forfeited and shall certify the same to 3 the Department of Justice which shall proceed to enforce and 4 collect the amount of liability forfeited thereon, and where the 5 operation has deposited cash or securities as collateral in lieu 6 of a corporate surety, the secretary shall declare said 7 collateral forfeited and shall direct the State Treasurer to pay 8 said funds into the Waste Abatement Fund. Should any corporate 9 surety fail to promptly pay, in full, forfeited bond, it shall 10 be disqualified from writing any further surety bonds under this 11 act. 12 (e) Prior to the issuance of any license for the 13 transportation of hazardous waste, the applicant for a license 14 shall file with the department a collateral bond on a form 15 prescribed and furnished by the department. Such bond shall be 16 payable to the Commonwealth and conditioned upon compliance by 17 the licensee with every requirement of this act, rule and 18 regulation of the department, order of the department and term 19 and condition of the license. The amount of the bond required 20 shall be in an amount determined by the secretary, but in an 21 amount no less than $10,000. The department may require 22 additional bond amounts if the department determines such 23 additional amounts are necessary to guarantee compliance with 24 this act. The licensee may elect to deposit cash or 25 automatically renewable irrevocable letters of credit which are 26 terminable only upon 90 days written notice to the operator and 27 the department, or negotiable bonds of the United States 28 Government or the Commonwealth of Pennsylvania, the Pennsylvania 29 Turnpike Commission, the General State Authority, the State 30 Public School Building Authority, or any municipality within the 19790H1840B3360 - 43 -
1 Commonwealth. No corporate surety bond is authorized by this 2 subsection. The cash amount of such deposit, irrevocable letters 3 of credit, or market value of such securities shall be equal at 4 least to the sum of the bond. The secretary shall, upon receipt 5 of any such deposit of cash or negotiable bonds, immediately 6 place the same with the State Treasurer, whose duty it shall be 7 to receive and hold the same in the name of the Commonwealth, in 8 trust, for the purposes for which such deposit is made. The 9 State Treasurer shall at all times be responsible for the 10 custody and safekeeping of such deposits. The licensee making 11 the deposit shall be entitled from time to time to demand and 12 receive from the State Treasurer, on the written order of the 13 secretary, the whole or any portion of any collateral so 14 deposited, upon depositing with him, in lieu thereof, other 15 collateral of the classes herein specified having a market value 16 at least equal to the sum of the bond, also to demand, receive 17 and recover the interest and income from said negotiable bonds 18 as the same becomes due and payable: Provided, however, That 19 where negotiable bonds, deposited as aforesaid, mature or are 20 called, the State Treasurer, at the request of the permittee <-- 21 LICENSEE, shall convert such negotiable bonds into such other <-- 22 negotiable bonds of the classes herein specified as may be 23 designated by the permittee LICENSEE: And provided further, That <-- 24 where notice of intent to terminate a letter of credit is given, 25 the department shall, after 30 days written notice to the 26 operator LICENSEE and in the absence of a replacement of such <-- 27 letter of credit within such 30-day period by the operator <-- 28 LICENSEE with other acceptable bond guarantees provided herein, <-- 29 draw upon and convert such letter of credit into cash and hold 30 it as a collateral bond guarantee. Liability under such bond 19790H1840B3360 - 44 -
1 shall be for the duration of the license and for a period of one 2 year after the expiration of the license. 3 Section 506. Financial responsibility. 4 The Environmental Quality Board shall adopt such additional 5 regulations to provide for proof of financial responsibility of 6 owners or operators of hazardous waste storage, treatment, and 7 disposal facilities, as necessary or desirable for closure of 8 the facility, post-closure monitoring and maintenance, sudden 9 and accidental occurrences, and nonsudden and accidental 10 occurrences, and to comply with section 3004 of the Resource 11 Conservation and Recovery Act of 1976 42 U.S.C. § 6924. 12 SECTION 507. SITING OF HAZARDOUS WASTE TREATMENT AND DISPOSAL <-- 13 FACILITIES. 14 (A) THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL HAVE THE 15 POWER AND AUTHORITY TO DEVELOP, PREPARE AND MODIFY THE 16 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN. THE PLAN SHALL 17 INCLUDE: 18 (1) CRITERIA AND STANDARDS FOR SITING HAZARDOUS WASTE 19 TREATMENT AND DISPOSAL FACILITIES. 20 (2) AN INVENTORY AND EVALUATION OF THE SOURCES OF 21 HAZARDOUS WASTE CONCENTRATION WITHIN THE COMMONWEALTH 22 INCLUDING TYPES AND QUANTITIES OF HAZARDOUS WASTE. 23 (3) AN INVENTORY AND EVALUATION OF CURRENT HAZARDOUS 24 WASTE PRACTICES WITHIN THE COMMONWEALTH INCLUDING EXISTING 25 HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES. 26 (4) A DETERMINATION OF FUTURE HAZARDOUS WASTE FACILITY 27 NEEDS BASED ON AN EVALUATION OF EXISTING TREATMENT AND 28 DISPOSAL FACILITIES INCLUDING THEIR LOCATION, CAPACITIES AND 29 CAPABILITIES, AND THE EXISTING AND PROJECTED GENERATION OF 30 HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND INCLUDING WHERE 19790H1840B3360 - 45 -
1 THE DEPARTMENT WITHIN ITS DISCRETION FINDS SUCH INFORMATION 2 TO BE AVAILABLE, THE PROJECTED GENERATION OUTSIDE THE 3 COMMONWEALTH OF HAZARDOUS WASTES EXPECTED TO BE TRANSPORTED 4 INTO THE COMMONWEALTH FOR STORAGE, TREATMENT OR DISPOSAL. 5 (5) AN ANALYSIS OF METHODS, INCENTIVES OR TECHNOLOGIES 6 FOR SOURCE REDUCTION, DETOXIFICATION, REUSE AND RECOVERY OF 7 HAZARDOUS WASTE AND A STRATEGY FOR IMPLEMENTING SUCH METHODS, 8 INCENTIVES AND TECHNOLOGIES. 9 (6) IDENTIFICATION OF SUCH HAZARDOUS WASTE TREATMENT AND 10 DISPOSAL FACILITIES AND THEIR LOCATIONS (IN ADDITION TO 11 EXISTING FACILITIES) AS ARE NECESSARY TO PROVIDE FOR THE 12 PROPER MANAGEMENT OF HAZARDOUS WASTE GENERATED WITHIN THIS 13 COMMONWEALTH. 14 (B) IN PREPARATION OF THE PLAN THE DEPARTMENT SHALL CONSULT 15 WITH AFFECTED PERSONS, MUNICIPALITIES AND STATE AGENCIES. WITHIN <-- 16 WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT THE 17 SECRETARY SHALL APPOINT THE PENNSYLVANIA HAZARDOUS WASTE 18 FACILITIES PLANNING ADVISORY COMMITTEE. THE DEPARTMENT SHALL 19 INSURE THAT THE ADVISORY BODY CONSIST OF SUBSTANTIALLY 20 EQUIVALENT PROPORTIONS OF THE FOLLOWING FOUR GROUPS: PRIVATE 21 CITIZENS, REPRESENTATIVES OF PUBLIC INTEREST GROUPS, PUBLIC 22 OFFICIALS AND CITIZENS OR REPRESENTATIVES OF ORGANIZATIONS WITH 23 SUBSTANTIAL ECONOMIC INTEREST IN THE PLAN. IT SHALL SPECIFICALLY 24 INCLUDE BUT NOT BE LIMITED TO A REPRESENTATIVE OF A WASTE 25 TREATMENT OPERATOR, A WASTE TREATMENT GENERATOR, LOCAL <-- 26 GOVERNMENTS, ENVIRONMENTALISTS, AND ACADEMIC SCIENTIST. 27 (C) THE COMMITTEE MAY RECOMMEND TO THE DEPARTMENT THE 28 ADOPTION OF SUCH RULES AND REGULATIONS, STANDARDS, CRITERIA AND 29 PROCEDURES AS IT DEEMS NECESSARY AND ADVISABLE FOR THE 30 PREPARATION, DEVELOPMENT, ADOPTION AND IMPLEMENTATION OF THE 19790H1840B3360 - 46 -
1 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN. 2 (D) A VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED IN 3 THE SAME MANNER AS THE ORIGINAL APPOINTMENT AND THE SECRETARY OR 4 HIS REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE COMMITTEE. 5 (E) THE COMMITTEE SHALL ESTABLISH OPERATING PROCEDURES AND 6 MAY SOLICIT THE ADVICE OF MUNICIPALITIES OR OTHER PERSONS. 7 (F) THE COMMITTEE SHALL DISBAND AFTER ADOPTION OF THE PLAN 8 BY THE ENVIRONMENTAL QUALITY BOARD UNLESS THE COMMITTEE IS 9 RECONSTITUTED AS A PROVISION OF THE PLAN. 10 (G) NOT LATER THAN TWO YEARS AFTER THE DATE OF ENACTMENT OF 11 THIS ACT, THE ENVIRONMENTAL QUALITY BOARD SHALL ADOPT THE 12 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN AND THE DEPARTMENT 13 SHALL REVIEW AND AMEND SAID PLAN AS NECESSARY BUT IN NO EVENT 14 LESS THAN EVERY FIVE YEARS FOLLOWING ADOPTION. 15 ARTICLE VI 16 ENFORCEMENT AND REMEDIES 17 Section 601. Public nuisances. 18 Any violation of any provision of this act, any rule or 19 regulation of the department, any order of the department, or 20 any term or condition of any permit, shall constitute a public 21 nuisance. Any person or municipality committing such a violation 22 shall be liable for the costs of abatement of any pollution and 23 any public nuisance caused by such violation. The Environmental 24 Hearing Board and any court of competent jurisdiction is hereby 25 given jurisdiction over actions to recover the costs of such 26 abatement. 27 Section 602. Enforcement orders. 28 (a) The department may issue orders to such persons and 29 municipalities as it deems necessary to aid in the enforcement 30 of the provisions of this act. Such orders may include, but 19790H1840B3360 - 47 -
1 shall not be limited to, orders modifying, suspending or 2 revoking permits and orders requiring persons and municipalities 3 to cease unlawful activities or operations of a solid waste 4 facility which in the course of its operation is in violation of 5 any provision of this act, any rule or regulation of the 6 department or any terms and conditions of a permit issued under 7 this act. An order issued under this act shall take effect upon 8 notice, unless the order specifies otherwise. An appeal to the 9 Environmental Hearing Board shall not act as a supersedeas. The 10 power of the department to issue an order under this act is in 11 addition to any other remedy which may be afforded to the 12 department pursuant to this act or any other act. 13 (b) If the department finds that the storage, collection, 14 transportation, processing, treatment or disposal of solid waste 15 is causing pollution of the air, water, land or other natural 16 resources of the Commonwealth or is creating a public nuisance, 17 the department may order the person or the municipality to alter 18 its storage, collection, transportation, processing, treatment 19 or disposal systems to provide such storage, collection, 20 transportation, processing, treatment, or disposal systems as 21 will prevent pollution and public nuisances. Such order shall 22 specify the length of time after receipt of the order within 23 which the facility or area shall be repaired, altered, 24 constructed or reconstructed. 25 (c) Any person or municipality ordered by the department to 26 repair, alter, construct, or reconstruct a solid waste facility 27 or area shall take such steps for the repair, alteration, 28 construction, or reconstruction of the facility or area as may 29 be necessary for the storage, processing, treatment and disposal 30 of its solid waste in compliance with this act and the rules and 19790H1840B3360 - 48 -
1 regulations of the department, and standards and orders of the
2 department.
3 (D) THE DEPARTMENT OF ENVIRONMENTAL RESOURCES' INSPECTOR <--
4 RESOURCES SHALL HAVE THE POWER TO ORDER, ORALLY OR IN WRITING,
5 ANY PERSON OR MUNICIPALITY TO IMMEDIATELY SUSPEND OR MODIFY
6 HAZARDOUS WASTE TREATMENT OR DISPOSAL ACTIVITIES WHEN HE
7 DETERMINES THAT CONTINUED OPERATION WILL JEOPARDIZE PUBLIC
8 HEALTH, SAFETY OR WELFARE. SAID ORDER SHALL BE EFFECTIVE UPON
9 ISSUANCE AND MAY ONLY BE SUPERSEDED BY FURTHER DEPARTMENT ACTION
10 OR, AFTER AN APPEAL HAS BEEN PERFECTED, BY THE ENVIRONMENTAL <--
11 HEARING BOARD AFTER NOTICE AND HEARING. FURTHERMORE, SAID ORDER
12 MAY REQUIRE REMEDIAL ACTIONS TO BE TAKEN IN ORDER TO PREVENT
13 HARM TO PUBLIC HEALTH, SAFETY OR WELFARE. WITHIN TWO BUSINESS
14 DAYS AFTER THE ISSUANCE OF SUCH ORAL ORDER, THE DEPARTMENT SHALL
15 ISSUE A WRITTEN ORDER RECITING AND MODIFYING, WHERE APPROPRIATE,
16 THE TERMS AND CONDITIONS CONTAINED IN THE ORAL ORDER.
17 Section 603. Duty to comply with orders of the department.
18 It shall be the duty of any person and municipality to
19 proceed diligently to comply with any order issued pursuant to
20 section 602. If such person or municipality fails to proceed
21 diligently, or fails to comply with the order within such time,
22 if any, as may be specified, such person or municipality shall
23 be guilty of contempt, and shall be punished by the court in an
24 appropriate manner and for this purpose, application may be made
25 by the department to the Commonwealth Court, which court is
26 hereby granted jurisdiction.
27 Section 604. Restraining violations.
28 (a) In addition to any other remedies provided in this act,
29 the department may institute a suit in equity in the name of the
30 Commonwealth where a violation of law or nuisance exists for an
19790H1840B3360 - 49 -
1 injunction to restrain a violation of this act or the rules, 2 regulations, standards or orders adopted or issued thereunder 3 and to restrain the maintenance or threat of a public nuisance. 4 In any such proceeding, the court shall, upon motion of the 5 Commonwealth, issue a prohibitory or mandatory preliminary 6 injunction if it finds that the defendant is engaging in 7 unlawful conduct as defined by this act or is engaged in conduct 8 which is causing immediate and irreparable harm to the public. 9 The Commonwealth shall not be required to furnish bond or other 10 security in connection with such proceedings. In addition to an 11 injunction, the court in such equity proceedings, may levy civil 12 penalties as specified in section 605. 13 (b) In addition to any other remedies provided for in this 14 act, upon relation of any district attorney of any county 15 affected, or upon relation of the solicitor of any municipality 16 affected, an action in equity may be brought in a court of 17 competent jurisdiction for an injunction to restrain any and all 18 violations of this act or the rules and regulations promulgated 19 hereunder, or to restrain any public nuisance or detriment to 20 health. 21 (c) The penalties and remedies prescribed by this act shall 22 be deemed concurrent and the existence of or exercise of any 23 remedy shall not prevent the department from exercising any 24 other remedy hereunder, at law or in equity. 25 (d) Actions instituted under this section may be filed in 26 the appropriate court of common pleas or in the Commonwealth 27 Court, which courts are hereby granted jurisdiction to hear such 28 actions. 29 Section 605. Civil penalties. 30 In addition to proceeding under any other remedy available at 19790H1840B3360 - 50 -
1 law or in equity for a violation of any provision of this act, 2 any rule or regulation of the department or order of the 3 department or any term or condition of any permit issued by the 4 department, the department may assess a civil penalty upon a 5 person for such violation. Such a penalty may be assessed 6 whether or not the violation was willful or negligent. In 7 determining the amount of the penalty, the department shall 8 consider the willfulness of the violation, damage to air, water, 9 land or other natural resources of the Commonwealth or their 10 uses, cost of restoration and abatement, savings resulting to 11 the person in consequence of such violation, and other relevant 12 factors. If the violation leads to the issuance of a cessation 13 order or occurs after the release of security for performance, a 14 civil penalty shall be assessed. When the department proposes to 15 assess a civil penalty, it shall inform the person or 16 municipality of the proposed amount of said penalty. The person 17 charged with the penalty shall then have 30 days to pay the 18 proposed penalty in full or, if the person wishes to contest 19 either the amount of the penalty or the fact of the violation, 20 the person shall within such 30 day period file an appeal of 21 such action with the Environmental Hearing Board. and forward <-- 22 the proposed amount to the department within 30 days for 23 placement in an escrow account with the State Treasurer or any 24 Pennsylvania bank. Failure to appeal within 30 days shall result 25 in a waiver of all legal rights to contest the violation or the 26 amount of the penalty. Any other statute to the contrary 27 notwithstanding, there shall be no statute of limitations upon 28 actions brought by the department pursuant to this section. The 29 maximum civil penalty which may be assessed pursuant to this 30 section is $25,000 per offense. Each violation for each separate 19790H1840B3360 - 51 -
1 day and each violation of any provision of this act, any rule or 2 regulation under this act, any order of the department, or any 3 term or condition of a permit shall constitute a separate and 4 distinct offense under this section. A GENERATOR OF HAZARDOUS <-- 5 WASTE WHO HAS COMPLIED WITH SECTION 403 AND HAS DESIGNATED ON 6 THE MANIFEST A FACILITY PERMITTED TO TREAT OR DISPOSE OF HIS 7 WASTES SHALL NOT BE HELD LIABLE FOR CIVIL PENALTIES WITH RESPECT 8 TO SUCH WASTES BY OTHER PERSONS AFTER: 9 (1) THE WASTES HAVE BEEN TRANSPORTED IN COMPLIANCE WITH 10 ALL APPLICABLE PROVISIONS OF THIS ACT AND REGULATIONS 11 PROMULGATED AND LICENSES ISSUED THEREUNDER; AND 12 (2) SUCH WASTES HAVE BEEN ACCEPTED BY A DISPOSAL OR 13 TREATMENT FACILITY PERMITTED TO RECEIVE SUCH WASTES AND 14 DESIGNATED ON THE MANIFEST. 15 Section 606. Criminal penalties. 16 (a) Any person, OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <-- 17 HIS OFFICIAL DUTIES, or ANY municipality who violates any <-- 18 provision of this act, the rules and regulations of the 19 department, or any order of the department, or any term or 20 condition of any permit upon conviction thereof in a summary 21 proceeding, shall be sentenced to pay a fine of not less than 22 $100 and not more than $1,000 and costs and, in default of the 23 payment of such fine and costs, to undergo imprisonment for not 24 more than 30 days. 25 (b) Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <-- 26 HIS OFFICIAL DUTIES who violates any provision of this act, any 27 rule or regulation of the department, any order of the 28 department, or any term or condition of any permit, shall be 29 guilty of a misdemeanor of the third degree and, upon 30 conviction, shall be sentenced to pay a fine of not less than 19790H1840B3360 - 52 -
1 $1,000 but not more than $25,000 per day for each violation or 2 to imprisonment for a period of not more than one year, or both. 3 (c) Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <-- 4 HIS OFFICIAL DUTIES who, within two years after a conviction of 5 a misdemeanor for any violation of this act, violates any 6 provision of this act, any rule or regulation of the department, 7 any order of the department, or any term or condition of any 8 permit shall be guilty of a misdemeanor of the second degree 9 and, upon conviction, shall be sentenced to pay a fine of not 10 less than $2,500 nor more than $50,000 for each violation or to 11 imprisonment for a period of not more than two years, or both. 12 (D) ANY PERSON OR MUNICIPALITY THAT KNOWINGLY: <-- 13 (1) TRANSPORTS ANY HAZARDOUS WASTE TO A FACILITY WHICH 14 DOES NOT HAVE A PERMIT UNDER THIS ACT TO ACCEPT SUCH WASTE 15 FOR STORAGE, TREATMENT OR DISPOSAL; OR <-- 16 (2) STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE <-- 17 WITHOUT HAVING OBTAINED A PERMIT OF SUCH STORAGE, TREATMENT 18 OR DISPOSAL; OR 19 (3) (2) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN 20 ANY APPLICATION LABEL, MANIFEST, RECORD, REPORT, PERMIT OR 21 OTHER DOCUMENT RELATING TO HAZARDOUS WASTE GENERATION, 22 STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL, WHICH IS 23 FILED, SUBMITTED, MAINTAINED OR USED FOR PURPOSES OF 24 COMPLIANCE WITH THIS ACT OR ANY MUNICIPALITY WHICH KNOWINGLY 25 STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE WITHOUT 26 HAVING OBTAINED A PERMIT FOR SUCH STORAGE, TREATMENT OR 27 DISPOSAL; 28 SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND, UPON 29 CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN 30 $1,000 BUT NOT MORE THAN $25,000 PER DAY FOR EACH VIOLATION. 19790H1840B3360 - 53 -
1 (E) ANY PERSON OR MUNICIPALITY THAT WITHIN TWO YEARS AFTER A 2 CONVICTION OF A MISDEMEANOR FOR ANY VIOLATION OF THIS ACT, 3 COMMITS A VIOLATION OF SUBSECTION (F) (D), SHALL BE GUILTY OF A <-- 4 MISDEMEANOR OF THE SECOND DEGREE AND UPON CONVICTION, SHALL BE 5 SENTENCED TO PAY A FINE OF NOT LESS THAN $2,500 NOR MORE THAN 6 $50,000 FOR EACH VIOLATION OR TO A TERM OF IMPRISONMENT OF NOT 7 LESS THAN TWO YEARS, BUT NOT MORE THAN 20 YEARS, OR BOTH. 8 (d) (F) Any person who stores, transports, treats, or <-- 9 disposes of hazardous waste within the Commonwealth in violation 10 of section 401, or in violation of any order of the department 11 shall be guilty of a felony of the second degree and, upon 12 conviction, shall be sentenced to pay a fine of not less than 13 $2,500 but not more than $100,000 per day for each violation or 14 to imprisonment for not less than two years but not more than 15 ten years, or both. 16 (e) (G) Any person who intentionally, knowingly OR <-- 17 recklessly, or negligently stores, transports, treats, or <-- 18 disposes of hazardous waste within the Commonwealth in violation 19 of any provision of this act, and whose acts or omissions cause 20 pollution, a public nuisance or bodily injury to any person, 21 shall be guilty of a felony of the first degree, and upon 22 conviction, shall be sentenced to pay a fine of not less than 23 $10,000 but not more than $500,000 per day for each violation or 24 to a term of imprisonment of not less than two years, but not 25 more than 20 years, or both. 26 (f) (H) Each violation for each separate day and each <-- 27 violation of any provision of this act, any rule or regulation 28 of the department, any order of the department, or term and 29 condition of a permit shall constitute a separate and distinct 30 offense under subsections (a), (b), (c), (d) and (e). 19790H1840B3360 - 54 -
1 (g) (I) With respect to the offenses specified in subsection <-- 2 (a), (b), (c) and (d) (F), it is the legislative purpose to <-- 3 impose absolute liability for such offenses. HOWEVER, A <-- 4 GENERATOR WHO HAS COMPLIED WITH SECTION 403 SHALL NOT BE HELD 5 CRIMINALLY LIABLE UNDER THIS SECTION IF SUCH WASTES HAVE BEEN <-- 6 TRANSPORTED TO SUCH FACILITY IN COMPLIANCE WITH ALL APPLICABLE <-- 7 PROVISIONS OF THIS ACT AND THE REGULATIONS PROMULGATED AND 8 LICENSES ISSUED THEREUNDER, AND PROVIDED THAT SUCH WASTES HAVE 9 BEEN ACCEPTED BY SUCH A FACILITY DESIGNATED IN ACCORDANCE WITH <-- 10 SECTION 403(B)(6). 11 (h) (J) With respect to the offenses specified in <-- 12 subsections (a), (b), (c), (d) and (e),, (E), (F) AND (G), it is <-- 13 the legislative purpose to impose liability on corporations. 14 Section 607. Existing rights and remedies preserved; cumulative 15 remedies authorized. 16 Nothing in this act shall be construed as estopping the 17 Commonwealth, or any district attorney or solicitor of a 18 municipality, from proceeding in courts of law or equity to 19 abate pollution forbidden under this act, or abate nuisances 20 under existing law. It is hereby declared to be the purposes of 21 this act to provide additional and cumulative remedies to 22 control the collection, storage, transportation, processing, 23 treatment, and disposal of solid waste within the Commonwealth, 24 and nothing contained in this act shall in any way abridge or 25 alter rights of action or remedies now or hereafter existing in 26 equity, or under the common law or statutory law, criminal or 27 civil, nor shall any provision in this act, or the granting of 28 any permit under this act, or any act done by virtue of this 29 act, be construed as estopping the Commonwealth, persons or 30 municipalities, in the exercise of their rights under the common 19790H1840B3360 - 55 -
1 law or decisional law or in equity, from proceeding in courts of 2 law or equity to suppress nuisances, or to abate any pollution 3 now or hereafter existing, or to enforce common law or statutory 4 rights. No courts of this Commonwealth having jurisdiction to 5 abate public or private nuisances shall be deprived of such 6 jurisdiction in any action to abate any private or public 7 nuisance instituted by any person for the reasons that such 8 nuisance constitutes air or water pollution. 9 Section 608. Production of materials; recordkeeping 10 requirements; rights of entry. 11 The department and its agents and employees shall: under any <-- 12 and all circumstances: 13 (1) Have access to, and require the production of, books 14 and papers, documents, and physical evidence pertinent to any 15 matter under investigation. 16 (2) Require any person or municipality engaged in the 17 storage, transportation, processing, treatment or disposal of 18 any solid waste to establish and maintain such records and 19 make such reports and furnish such information as the 20 department may prescribe. 21 (3) Enter any building, property, premises or place 22 WHERE SOLID WASTE IS GENERATED, STORED, PROCESSED, TREATED OR <-- 23 DISPOSED OF for the purposes of making such investigation or 24 inspection as may be necessary to ascertain the compliance or 25 noncompliance by any person or municipality with the 26 provisions of this act and the rules or regulations 27 promulgated hereunder. In connection with such inspection or 28 investigation, samples may be taken of any solid, semisolid, 29 liquid or contained gaseous material for analysis. IF ANY <-- 30 ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF 19790H1840B3360 - 56 -
1 THE ANALYSIS SHALL BE FURNISHED WITHIN FIVE BUSINESS DAYS TO 2 THE PERSON HAVING APPARENT AUTHORITY OVER THE BUILDING, 3 PROPERTY, PREMISES OR PLACE. 4 Section 609. Search warrants. 5 An agent or employee of the department may apply for a search 6 warrant to any Commonwealth official authorized to issue a 7 search warrant for the purposes of inspecting or examining any 8 property, building, premise, place, book, record or other 9 physical evidence, of conducting tests, or of taking samples of 10 any solid waste. Such warrant shall be issued upon probable 11 cause. It shall be sufficient probable cause to show any of the 12 following: 13 (1) that the inspection, examination, test, or sampling 14 is pursuant to a general administrative plan to determine 15 compliance with this act; 16 (2) that the agent or employee has reason to believe 17 that a violation of this act has occurred or may occur; or 18 (3) that the agent or employee has been refused access 19 to the property, building, premise, place, book, record or 20 physical evidence, or has been prevented from conducting 21 tests or taking samples. 22 Section 610. Unlawful conduct. 23 It shall be unlawful for any person or municipality to: 24 (1) Dump or deposit, or permit the dumping or 25 depositing, of any solid waste onto the surface of the ground 26 or underground or into the waters of the Commonwealth, by any 27 means, unless a permit for the dumping of such solid wastes 28 has been obtained from the department; provided, the 29 Environmental Quality Board may by regulation exempt certain 30 activities associated with normal farming operations as 19790H1840B3360 - 57 -
1 defined by this act from such permit requirements. 2 (2) Construct, alter, operate or utilize a solid waste 3 storage, treatment, processing or disposal facility without a 4 permit from the department as required by this act or in 5 violation of the rules or regulations adopted under this act, 6 or orders of the department, or in violation of any term or 7 condition of any permit issued by the department. 8 (3) Burn solid wastes without a permit from the 9 department. 10 (4) Store, collect, transport, process, treat, or 11 dispose of, or assist in the storage, collection, 12 transportation, processing, treatment, or disposal of, solid 13 waste contrary to the rules or regulations adopted under this 14 act, or orders of the department, or any term or any 15 condition of any permit, or in any manner as to create a 16 public nuisance or to adversely affect the public health, 17 safety and welfare. 18 (5) Transport hazardous waste without first having 19 obtained a license from the department to conduct such 20 transport activities. 21 (6) Transport or permit the transportation of any solid 22 waste to any storage, treatment, processing or disposal 23 facility or area unless such facility or area possesses a 24 permit issued by the department to accept such wastes, or 25 contrary to the rules or regulations adopted under this act, 26 or orders of the department, or in such a manner as to 27 adversely affect or endanger the public health, safety and 28 welfare or environment through which such transportation 29 occurs. 30 (7) Refuse, hinder, obstruct, delay, or threaten any 19790H1840B3360 - 58 -
1 agent or employee of the department in the course of 2 performance of any duty under this act, including, but not 3 limited to, entry and inspection under any circumstances. 4 (8) Consign, assign, sell, entrust, give or in any way 5 transfer residual or hazardous waste which is at any time 6 subsequently, by any such person or any other person; 7 (i) dumped or deposited or discharged in any manner 8 into the surface of the earth or underground or into the 9 waters of the Commonwealth unless a permit for the 10 dumping or depositing or discharging of such residual or 11 hazardous waste has first been obtained from the 12 department; or 13 (ii) stored, treated, processed, disposed of or 14 discharged by a residual or hazardous waste facility 15 unless such facility is operated under a permit first 16 obtained from the department. 17 (9) Cause or assist in the violation of any provision of 18 this act, any rule or regulation of the department, any order 19 of the department or any term or condition of any permit. 20 Section 611. Presumption of law for civil and administrative <-- 21 proceedings. 22 It shall be presumed as a rebuttable presumption of law that 23 a person or municipality which stores, treats, or disposes of 24 hazardous waste shall be liable, without proof of fault, 25 negligence, or causation, for all damages, contamination or 26 pollution within 2,500 feet of the perimeter of the area where 27 hazardous waste activities have been carried out. Such 28 presumption may be overcome by clear and convincing evidence 29 that the person or municipality so charged did not contribute to 30 the damage, contamination, or pollution. 19790H1840B3360 - 59 -
1 Section 612 611. Collection of fines and penalties. <-- 2 All fines and penalties shall be collectible in any manner 3 provided by law for the collection of debts. If any person 4 liable to pay any such penalty neglects or refuses to pay the 5 same after demand, the amount together with interest and any 6 costs that may accrue, shall be a judgment in favor of the 7 Commonwealth upon the property of such person, but only after 8 same has been entered and docketed of record by the prothonotary 9 of the county where such property is situated. The department 10 may, at any time, transmit to the prothonotaries of the 11 respective counties certified copies of all such judgments, and 12 it shall be the duty of each prothonotary to enter and docket 13 the same of record in his office, and to index the same as 14 judgments are indexed, without requiring the payment of costs as 15 a condition precedent to the entry thereof. 16 Section 613 612. Recovery of costs of abatement. <-- 17 Any person or municipality who causes a public nuisance shall 18 be liable for the costs of abatement. The department, any 19 Commonwealth agency, or any municipality which undertakes to 20 abate a public nuisance may recover the costs of abatement in an 21 action in equity brought before any court of competent 22 jurisdiction. In addition, the Environmental Hearing Board is 23 hereby given jurisdiction over actions by the department to 24 recover the costs of abatement. 25 Section 614 613. Forfeiture of contraband. <-- 26 Any vehicle, equipment, or conveyance used for the 27 transportation of disposal of OR hazardous waste in the <-- 28 commission of an offense under section 606 shall be deemed 29 contraband and shall be seized and forfeited to the department. 30 The provisions of law relating to the seizure, summary and 19790H1840B3360 - 60 -
1 judicial forfeiture, and condemnation of intoxicating liquor 2 shall apply to seizures and forfeitures under the provisions of 3 this section. 4 Section 615 614. Right of citizen to initiate or intervene <-- 5 in proceedings. 6 Any citizen of this Commonwealth having an interest which is 7 or may be adversely affected shall have the right on his own 8 behalf, without posting bond, to initiate or intervene in any <-- 9 action brought pursuant to section 602, 604, 605 or 607. 604 OR <-- 10 605. 11 Section 616 615. Notice of proposed settlement. <-- 12 If a settlement is proposed in any action brought pursuant to 13 section 602, 604, 605, 606 or 607, 604 OR 605, the terms of such <-- 14 settlement shall be published in a newspaper of general 15 circulation in the area where the violations are alleged to have 16 occurred at least 30 days prior to the time when such settlement 17 is to take effect. The publication shall contain a solicitation 18 for public comments concerning such settlement which shall be 19 directed to the government agency bringing the action. 20 SECTION 616. LIMITATION ON ACTION. <-- 21 THE PROVISIONS OF ANY OTHER STATUTE TO THE CONTRARY NOT 22 WITHSTANDING, ACTIONS FOR CIVIL OR CRIMINAL PENALTIES UNDER THIS 23 ACT MAY BE COMMENCED AT ANY TIME WITHIN A PERIOD OF 20 YEARS 24 FROM THE DATE THE OFFENSE IS DISCOVERED. 25 ARTICLE VII 26 SOLID WASTE ABATEMENT FUND 27 Section 701. Solid Waste Abatement Fund. 28 (A) All fines, penalties AND bond forfeitures and fees <-- 29 collected under the provisions of this act shall be paid into 30 the Treasury of the Commonwealth into a special fund to be known 19790H1840B3360 - 61 -
1 as the "Solid Waste Abatement Fund" hereby established. The 2 Solid Waste Abatement Fund shall be administered by the 3 department for abatement or elimination of present or potential 4 hazards to human health or to the environment from the improper 5 treatment, transportation, storage, processing, or disposal of 6 solid wastes, and for the enforcement of this act. 7 (B) ALL SUCH MONEYS PLACED IN THE SOLID WASTE ABATEMENT FUND <-- 8 UNDER THE PROVISIONS OF THIS SECTION ARE HEREBY MADE AVAILABLE 9 IMMEDIATELY, AND ARE HEREBY SPECIFICALLY APPROPRIATED TO THE 10 DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS SECTION. 11 (C) ESTIMATES OF THE AMOUNTS TO BE EXPENDED UNDER THIS ACT 12 SHALL BE SUBMITTED TO THE GOVERNOR FOR HIS APPROVAL OR 13 DISAPPROVAL. 14 ARTICLE VIII <-- 15 COMMONWEALTH LIABILITY 16 SECTION 801. COMMONWEALTH LIABILITY. 17 (A) THE COMMONWEALTH SHALL DEFEND, INDEMNIFY AND SAVE 18 HARMLESS ITS EMPLOYEES FROM ANY AND ALL CLAIMS OF DAMAGE, INJURY 19 OR LIABILITY ARISING OR RESULTING FROM THE PERFORMANCE OF THEIR 20 DUTIES UNDER THIS ACT. IF A CAUSE OF ACTION RESULTS IN A FINAL 21 JUDGMENT OF A COURT OF COMPETENT JURISDICTION ENTERED AGAINST 22 THE COMMONWEALTH, THE DEPARTMENT, ITS OFFICERS OR EMPLOYEES 23 ARISING OUT OF THE OWNERSHIP, CONSTRUCTION, OPERATION OR 24 MAINTENANCE OF A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY 25 SAID JUDGMENT SHALL BE SUBJECT TO THE LIMITATION OF DAMAGES 26 PROVISIONS OF 42 PA.C.S. § 5111 (RELATING TO LIMITATIONS ON 27 DAMAGES) AND SHALL BE A JUDGMENT AGAINST THE GENERAL FUND OF THE 28 COMMONWEALTH AND SHALL NOT BE CHARGEABLE TO ANY ANNUAL 29 APPROPRIATION OF THE DEPARTMENT. THIS PROVISION IS NOT INTENDED 30 TO CREATE NEW LIABILITIES OR WAIVE EXISTING IMMUNITIES. 19790H1840B3360 - 62 -
1 (B) NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT THE 2 COMMONWEALTH FROM LEASING STATE LAND SUCH REAL ESTATE OWNED BY <-- 3 THE COMMONWEALTH AS IS NOT BEING USED IN CONNECTION WITH THE 4 WORK OF ANY DEPARTMENT, BOARD OR COMMISSION THEREOF FOR A PERIOD 5 OF NOT MORE THAN 50 YEARS TO INDIVIDUALS, FIRMS, CORPORATIONS OR 6 THE UNITED STATES GOVERNMENT PURSUANT TO SECTION 2402(I) OF "THE 7 ADMINISTRATIVE CODE OF 1929," FOR THE PURPOSE OF OPERATING 8 HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL FACILITIES. 9 ARTICLE VIII IX <-- 10 LIBERAL CONSTRUCTION 11 Section 801 901. Construction of act. <-- 12 The terms and provisions of this act are to be liberally 13 construed, so as to best achieve and effectuate the goals and 14 purposes hereof. Notwithstanding any other provision of this act <-- 15 to the contrary, this act shall not be construed to empower any 16 agency of the Commonwealth of Pennsylvania to acquire, construct 17 or operate any hazardous waste facilities, otherwise known as 18 siting. 19 ARTICLE IX X <-- 20 REPEALER; EFFECTIVE DATE 21 Section 901 1001. Repeal. <-- 22 The act of July 31, 1968 (P.L.788, No.241), known as the 23 "Pennsylvania Solid Waste Management Act," is repealed: <-- 24 PROVIDED, HOWEVER, THAT ALL PERMITS AND ORDERS ISSUED, MUNICIPAL 25 SOLID WASTE MANAGEMENT PLANS APPROVED, AND REGULATIONS 26 PROMULGATED UNDER SUCH ACT SHALL REMAIN IN FULL FORCE AND EFFECT 27 UNLESS AND UNTIL MODIFIED, AMENDED, SUSPENDED OR REVOKED. 28 Section 902 1002. Severability. <-- 29 If any provision of this act or the application thereof to <-- 30 the disposal of nuclear or radioactive wastes is held invalid, 19790H1840B3360 - 63 -
1 such invalidity shall not effect other provisions or
2 applications of this act which can be given effect without the
3 invalid provisions or application and to this end the provisions
4 of this act are declared to be severable.
5 Section 903 1003. Effective date. <--
6 This act shall take effect immediately.
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