PRIOR PRINTER'S NO. 581                       PRINTER'S NO. 1207

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 528 Session of 1987


        INTRODUCED BY FISHER, RHOADES, HELFRICK, REIBMAN, SHUMAKER,
           LEWIS, SCANLON, CORMAN, SALVATORE, LEMMOND, ROSS, STAUFFER
           AND MUSTO, MARCH 10, 1987

        SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
           JUNE 24, 1987

                                     AN ACT

     1  Providing for planning for the processing and disposal of
     2     municipal waste; requiring counties to submit plans for
     3     municipal waste management systems within their boundaries;
     4     authorizing grants to counties and municipalities for
     5     planning, resource recovery and recycling; imposing and
     6     collecting fees; establishing certain rights for host
     7     municipalities; REQUIRING MUNICIPALITIES TO IMPLEMENT          <--
     8     RECYCLING PROGRAMS; REQUIRING COMMONWEALTH AGENCIES TO
     9     PROCURE RECYCLED MATERIALS; imposing duties; granting powers
    10     to counties and municipalities; authorizing the Environmental
    11     Quality Board to adopt regulations; authorizing the
    12     Department of Environmental Resources to implement this act;
    13     providing remedies; prescribing penalties; establishing a
    14     fund; and making repeals.

    15                         TABLE OF CONTENTS
    16  Chapter 1.  General Provisions
    17  Section 101.  Short title.
    18  Section 102.  Legislative findings; declaration of policy and
    19                 goals.
    20  Section 103.  Definitions.
    21  Section 104.  Construction of act.
    22  Chapter 3.  Powers and Duties
    23  Section 301.  Powers and duties of department.

     1  Section 302.  Powers and duties of Environmental Quality Board.
     2  Section 303.  Powers and duties of Environmental Hearing Board.   <--
     3  Section 304 303.  Powers and duties of counties.                  <--
     4  Section 305 304.  Powers and duties of municipalities other than  <--
     5                 counties.
     6  Chapter 5.  Municipal Waste Planning
     7  Section 501.  Schedule for submission of municipal waste
     8                 management plans.
     9  Section 502.  Content of municipal waste management plans.
    10  Section 503.  Development of municipal waste management plans.
    11  Section 504.  Failure to ratify plan.
    12  Section 505.  Review of municipal waste management plans.
    13  Section 506.  Contracts.
    14  Section 507.  Relationship between plans and permits.
    15  Section 508.  Studies.
    16  Section 509.  Best available technology.
    17  SECTION 510.  PERMIT REQUIREMENTS.                                <--
    18  Chapter 7.  Resource Recovery Fee                                 <--
    19  Section 701.  Resource recovery fee for municipal waste
    20                 landfills.
    21  CHAPTER 7.  RECYCLING FEE                                         <--
    22  SECTION 701.  RECYCLING FEE FOR MUNICIPAL WASTE LANDFILLS AND
    23                 RESOURCE RECOVERY FACILITIES.
    24  Section 702.  Form and timing of resource recovery RECYCLING      <--
    25                 fee payment.
    26  Section 703.  Collection and enforcement of fee.
    27  Section 704.  Records.
    28  Section 705.  Surcharge.
    29  Section 706.  Resource Recovery RECYCLING Fund.                   <--
    30  Chapter 9.  Resource Recovery Grants                              <--
    19870S0528B1207                  - 2 -

     1  Section 901.  Planning grants.
     2  Section 902.  Grants to counties for resource recovery            <--
     3                 feasibility studies.
     4  Section 903.  Grants to public institutions for resource
     5                 recovery feasibility studies.
     6  Section 904.  Grants for project development for resource
     7                 recovery facilities.
     8  Section 905 902.  Grants for development and implementation of    <--
     9                 municipal recycling programs.
    10  SECTION 903.  GRANTS FOR RECYCLING COORDINATORS.                  <--
    11  SECTION 904.  GENERAL LIMITATIONS.
    12  Section 906.  Performance grants for municipal recycling          <--
    13                 programs.
    14  Chapter 11.  Assistance to Municipalities
    15  Section 1101.  Information provided to host municipalities.
    16  Section 1102.  Joint inspections with host municipalities.
    17  Section 1103.  Water supply testing for contiguous landowners.
    18  Section 1104.  Water supply protection.
    19  Section 1105.  Purchase of cogenerated electricity.
    20  Section 1106.  Public Utility Commission.
    21  Section 1107.  Claims resulting from pollution occurrences.
    22  Section 1108.  Site-specific postclosure fund.
    23  Section 1109.  Trust fund for municipally operated landfills.
    24  SECTION 1110.  INDEPENDENT EVALUATION OF PERMIT APPLICATIONS.     <--
    25  SECTION 1111.  PROTECTION OF CAPACITY.
    26  Chapter 13.  Host Municipality Benefit Fee
    27  Section 1301.  Host municipality benefit fee.
    28  Section 1302.  Form and timing of host municipality benefit fee
    29                 payment.
    30  Section 1303.  Collection and enforcement of fee.
    19870S0528B1207                  - 3 -

     1  Section 1304.  Records.
     2  Section 1305.  Surcharge.
     3  CHAPTER 15.  RECYCLING AND WASTE REDUCTION                        <--
     4  SECTION 1501.  MUNICIPAL IMPLEMENTATION OF RECYCLING PROGRAMS.
     5  SECTION 1502.  FACILITIES OPERATION AND RECYCLING.
     6  SECTION 1503.  COMMONWEALTH RECYCLING AND WASTE REDUCTION.
     7  SECTION 1504.  PROCUREMENT BY DEPARTMENT OF GENERAL SERVICES.
     8  SECTION 1505.  PROCUREMENT BY DEPARTMENT OF TRANSPORTATION.
     9  SECTION 1506.  PROCUREMENT OPTIONS FOR LOCAL PUBLIC AGENCIES
    10                 AND CERTAIN COMMONWEALTH AGENCIES.
    11  SECTION 1507.  RECYCLING AT EDUCATIONAL INSTITUTIONS.
    12  Chapter 15 17.  Enforcement and Remedies                          <--
    13  Section 1501 1701.  Unlawful conduct.                             <--
    14  Section 1502 1702.  Enforcement orders.                           <--
    15  Section 1503 1703.  Restraining violations.                       <--
    16  Section 1504 1704.  Civil penalties.                              <--
    17  Section 1505 1705.  Criminal penalties.                           <--
    18  Section 1506 1706.  Existing rights and remedies preserved;       <--
    19                 cumulative remedies authorized.
    20  Section 1507 1707.  Production of materials; recordkeeping        <--
    21                 requirements.
    22  Section 1508 1708.  Withholding of State funds.                   <--
    23  Section 1509 1709.  Collection of fines, fees, etc.               <--
    24  Section 1510 1710.  Right of citizen to intervene in proceedings.  <--
    25  SECTION 1711.  REMEDIES OF CITIZENS.                              <--
    26  SECTION 1712.  AFFIRMATIVE DEFENSE.
    27  Chapter 17 19.  Miscellaneous Provisions                          <--
    28  Section 1701 1901.  Severability.                                 <--
    29  Section 1702 1902.  Repeals.                                      <--
    30  Section 1703 1903.  Effective date.                               <--
    19870S0528B1207                  - 4 -

     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3                             CHAPTER 1
     4                         GENERAL PROVISIONS
     5  Section 101.  Short title.
     6     This act shall be known and may be cited as the Municipal
     7  Waste Planning and Resource Recovery, RECYCLING AND WASTE         <--
     8  REDUCTION Act.
     9  Section 102.  Legislative findings; declaration of policy and
    10                 goals.
    11     (a)  Legislative findings.--The Legislature hereby
    12  determines, declares and finds that:
    13         (1)  Improper municipal waste practices create public
    14     health hazards, environmental pollution and economic loss,
    15     and cause irreparable harm to the public health, safety and
    16     welfare.
    17         (2)  Parts of this Commonwealth have inadequate and
    18     rapidly diminishing processing and disposal capacity for
    19     municipal waste.
    20         (3)  Virtually every county in this Commonwealth will
    21     have to replace existing municipal waste processing and
    22     disposal facilities over the next decade.
    23         (4)  Needed additional municipal waste processing and
    24     disposal facilities have not been developed in a timely
    25     manner because of diffused responsibility for municipal waste
    26     planning, processing and disposal among numerous and
    27     overlapping units of local government.
    28         (5)  It is necessary to give counties the primary
    29     responsibility to plan for the processing and disposal of
    30     municipal waste generated within their boundaries to insure
    19870S0528B1207                  - 5 -

     1     the timely development of needed processing and disposal
     2     facilities.
     3         (6)  Proper and adequate processing and disposal of
     4     municipal waste generated within a county requires the
     5     generating county to give first choice to new processing and
     6     disposal sites located within that county.
     7         (7)  It is appropriate to provide those living near
     8     municipal waste processing and disposal facilities with
     9     additional guarantees of the proper operation of such
    10     facilities and to provide incentives for municipalities to
    11     host such facilities.
    12         (8)  Waste reduction and recycling are preferable to the
    13     processing or disposal of municipal waste.
    14         (9)  Prompt payment and efficient collection of the
    15     resource recovery RECYCLING fee created by this act are        <--
    16     essential to the administration of the resource recovery and   <--
    17     recycling grants provided by this act.
    18         (10)  AUTHORIZING COUNTIES TO CONTROL THE FLOW OF          <--
    19     MUNICIPAL WASTE AND RECYCLABLE CONSTITUENTS OF MUNICIPAL
    20     WASTE IS NECESSARY TO GUARANTEE, AMONG OTHER THINGS, THE LONG
    21     TERM ECONOMIC VIABILITY OF RESOURCE RECOVERY FACILITIES AND
    22     MUNICIPAL WASTE LANDFILLS, ENSURE THAT SUCH FACILITIES AND
    23     LANDFILLS CAN BE FINANCED, MODERATE THE COST OF SUCH
    24     FACILITIES AND LANDFILLS OVER THE LONG TERM, PROTECT EXISTING
    25     CAPACITY, AND ASSIST IN THE DEVELOPMENT OF MARKETS FOR
    26     RECYCLABLE MATERIALS BY GUARANTEEING A STEADY FLOW OF SUCH
    27     MATERIALS.
    28         (11)  PUBLIC AGENCIES IN THE COMMONWEALTH PURCHASE
    29     SIGNIFICANT QUANTITIES OF PRODUCTS OR MATERIALS ANNUALLY.
    30         (12)  BY PURCHASING PRODUCTS OR MATERIALS MADE FROM
    19870S0528B1207                  - 6 -

     1     RECYCLED MATERIALS, PUBLIC AGENCIES IN THE COMMONWEALTH CAN
     2     HELP STIMULATE THE MARKET FOR SUCH MATERIALS AND THEREBY
     3     FOSTER RECYCLING, AND CAN ALSO EDUCATE THE PUBLIC CONCERNING
     4     THE UTILITY AND AVAILABILITY OF SUCH MATERIALS.
     5         (13)  REMOVING CERTAIN MATERIALS FROM THE MUNICIPAL
     6     WASTE-STREAM WILL DECREASE THE FLOW OF SOLID WASTE TO
     7     MUNICIPAL WASTE LANDFILLS, AID IN THE CONSERVATION AND
     8     RECOVERY OF VALUABLE RESOURCES, CONSERVE ENERGY IN THE
     9     MANUFACTURING PROCESS, INCREASE THE SUPPLY OF REUSABLE
    10     MATERIALS FOR THE COMMONWEALTH'S INDUSTRIES, AND WILL ALSO
    11     REDUCE SUBSTANTIALLY THE REQUIRED CAPACITY OF PROPOSED
    12     RESOURCE RECOVERY FACILITIES AND CONTRIBUTE TO THEIR OVERALL
    13     COMBUSTION EFFICIENCY, THEREBY RESULTING IN SIGNIFICANT COST
    14     SAVINGS IN THE PLANNING, CONSTRUCTION AND OPERATION OF THESE
    15     FACILITIES.
    16         (14)  IT IS IN THE PUBLIC INTEREST TO PROMOTE THE SOURCE
    17     SEPARATION OF MARKETABLE WASTE MATERIALS ON A STATEWIDE BASIS
    18     SO THAT REUSABLE MATERIALS MAY BE RETURNED TO THE ECONOMIC
    19     MAINSTREAM IN THE FORM OF RAW MATERIALS OR PRODUCTS RATHER
    20     THAN BE DISPOSED OF AT THE COMMONWEALTH'S OVERBURDENED
    21     MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITIES.
    22         (15)  THE RECYCLING OF MARKETABLE MATERIALS BY
    23     MUNICIPALITIES IN THE COMMONWEALTH AND COMMONWEALTH AGENCIES,
    24     AND THE DEVELOPMENT OF PUBLIC AND PRIVATE SECTOR RECYCLING
    25     ACTIVITIES ON AN ORDERLY AND INCREMENTAL BASIS, WILL FURTHER
    26     DEMONSTRATE THE COMMONWEALTH'S LONG TERM COMMITMENT TO AN
    27     EFFECTIVE AND COHERENT SOLID WASTE MANAGEMENT STRATEGY.
    28         (16)  OPERATORS OF MUNICIPAL WASTE LANDFILLS AND RESOURCE
    29     RECOVERY FACILITIES SHOULD GIVE FIRST PRIORITY TO THE
    30     DISPOSAL OR PROCESSING OF MUNICIPAL WASTE GENERATED WITHIN
    19870S0528B1207                  - 7 -

     1     THE HOST COUNTY BECAUSE, AMONG OTHER REASONS, THE HOST COUNTY
     2     IS MOST DIRECTLY AFFECTED BY OPERATIONS AT THE FACILITY, AND
     3     BECAUSE LOCAL PROCESSING OR DISPOSAL OF MUNICIPAL WASTE SAVES
     4     ENERGY AND TRANSPORTATION COSTS.
     5         (17)  THE COMMONWEALTH RECOGNIZES THAT BOTH MUNICIPAL
     6     WASTE LANDFILLS AND RESOURCE RECOVERY FACILITIES WILL BE
     7     NEEDED AS PART OF AN INTEGRATED STRATEGY TO PROVIDE FOR THE
     8     PROCESSING AND DISPOSAL OF THE COMMONWEALTH'S MUNICIPAL
     9     WASTE.
    10     (b)  Purpose.--It is the purpose of this act to:
    11         (1)  Establish and maintain a cooperative State and local
    12     program of planning and technical and financial assistance
    13     for comprehensive municipal waste management.
    14         (2)  Encourage the development of waste reduction, AND     <--
    15     recycling and resource recovery as a means of managing         <--
    16     municipal waste, conserving resources and supplying energy
    17     through planning, grants and other incentives.
    18         (3)  Protect the public health, safety and welfare from
    19     the short and long term dangers of transportation,
    20     processing, treatment, storage and disposal of municipal
    21     waste.
    22         (4)  Provide a flexible and effective means to implement
    23     and enforce the provisions of this act.
    24         (5)  Utilize, wherever feasible, the capabilities of
    25     private enterprise in accomplishing the desired objectives of
    26     an effective, comprehensive solid waste management plan.
    27         (6)  Establish a resource recovery RECYCLING fee for       <--
    28     municipal waste landfills AND RESOURCE RECOVERY FACILITIES to  <--
    29     provide grants for resource recovery, recycling, planning and  <--
    30     related purposes.
    19870S0528B1207                  - 8 -

     1         (7)  Establish a host municipality benefit fee for
     2     municipal waste landfills and resource recovery facilities
     3     that are permitted after the effective date of this act so     <--
     4     that municipalities might consider encouraging such
     5     facilities to be located within their boundaries, and provide
     6     AND TO PROVIDE benefits to host municipalities for the         <--
     7     presence of such facilities.
     8         (8)  Establish a site-specific postclosure fee for
     9     currently operating and future permitted municipal waste
    10     landfills for remedial measures and emergency actions that
    11     are necessary to prevent or abate adverse effects upon the
    12     environment after the closure of such landfills.
    13         (9)  Establish trust funds for municipally operated
    14     landfills to ensure that there are sufficient funds available
    15     for completing the final closure of such landfills under the
    16     Solid Waste Management Act.
    17         (10)  Shift the primary responsibility for developing and
    18     implementing municipal waste management plans from
    19     municipalities to counties.
    20         (11)  REQUIRE ALL PUBLIC AGENCIES OF THE COMMONWEALTH TO   <--
    21     AID AND PROMOTE THE DEVELOPMENT OF RECYCLING THROUGH THEIR
    22     PROCUREMENT POLICIES FOR THE GENERAL WELFARE AND ECONOMY OF
    23     THE COMMONWEALTH.
    24         (12)  REQUIRE CERTAIN MUNICIPALITIES TO IMPLEMENT
    25     RECYCLING PROGRAMS TO RETURN VALUABLE MATERIALS TO PRODUCTIVE
    26     USE, TO CONSERVE ENERGY AND TO PROTECT CAPACITY AT MUNICIPAL
    27     WASTE PROCESSING OR DISPOSAL FACILITIES.
    28         (13)  IMPLEMENT ARTICLE 1, SECTION 27 OF THE CONSTITUTION
    29     OF PENNSYLVANIA.
    30     (c)  Declaration of goals.--The General Assembly therefore
    19870S0528B1207                  - 9 -

     1  declares the following goals:
     2         (1)  At least 40% of all municipal waste generated in      <--
     3     this Commonwealth on and after January 1, 1997, should be
     4     processed at resource recovery facilities.
     5         (2) (1)  At least an additional 25% of all municipal       <--
     6     waste generated in this Commonwealth on and after January 1,
     7     1997, should be recycled by municipal recycling programs and   <--
     8     other recycling facilities.
     9         (2)  THE WEIGHT OR VOLUME OF MUNICIPAL WASTE GENERATED     <--
    10     PER CAPITA IN THIS COMMONWEALTH ON JANUARY 1, 1997, SHOULD,
    11     TO THE GREATEST EXTENT PRACTICABLE, BE LESS THAN THE WEIGHT
    12     OR VOLUME OF MUNICIPAL WASTE GENERATED PER CAPITA ON THE
    13     EFFECTIVE DATE OF THIS ACT.
    14         (3)  EACH PERSON LIVING OR WORKING IN THIS COMMONWEALTH
    15     SHALL BE TAUGHT THE ECONOMIC, ENVIRONMENTAL, AND ENERGY VALUE
    16     OF RECYCLING AND WASTE REDUCTION, AND SHALL BE ENCOURAGED
    17     THROUGH A VARIETY OF MEANS TO PARTICIPATE IN SUCH ACTIVITIES.
    18         (4)  THE COMMONWEALTH SHOULD, TO THE GREATEST EXTENT
    19     PRACTICABLE, PROCURE AND USE PRODUCTS AND MATERIALS WITH
    20     RECYCLED CONTENT, AND PROCURE AND USE MATERIALS THAT ARE
    21     RECYCLABLE.
    22  Section 103.  Definitions.
    23     The following words and phrases when used in this act shall
    24  have the meanings given to them in this section unless the
    25  context clearly indicates otherwise:
    26     "Abatement."  The restoration, reclamation, recovery, etc.,
    27  of a natural resource adversely affected by the activity of a
    28  person.
    29     "Commission."  The Pennsylvania Public Utility Commission and
    30  its authorized representatives.
    19870S0528B1207                 - 10 -

     1     "COMMONWEALTH AGENCY."  THE COMMONWEALTH AND ITS DEPARTMENTS,  <--
     2  BOARDS, COMMISSIONS AND AGENCIES, COMMONWEALTH OWNED
     3  UNIVERSITIES, AND THE STATE PUBLIC SCHOOL BUILDING AUTHORITY,
     4  THE STATE HIGHWAY AND BRIDGE AUTHORITY, AND ANY OTHER AUTHORITY
     5  NOW IN EXISTENCE OR HEREAFTER CREATED OR ORGANIZED BY THE
     6  COMMONWEALTH.
     7     "COUNTY."  INCLUDES THE CITY OF PHILADELPHIA BUT NOT
     8  PHILADELPHIA COUNTY.
     9     "Department."  The Department of Environmental Resources of
    10  the Commonwealth and its authorized representatives.
    11     "Disposal."  The deposition, injection, dumping, spilling,
    12  leaking or placing of solid waste into or on the land or water
    13  in a manner that the solid waste or a constituent of the solid
    14  waste enters the environment, is emitted into the air or is
    15  discharged to the waters of this Commonwealth.
    16     "FEASIBILITY STUDY."  A STUDY WHICH ANALYZES A SPECIFIC        <--
    17  MUNICIPAL WASTE PROCESSING OR DISPOSAL SYSTEM TO ASSESS THE
    18  LIKELIHOOD THAT THE SYSTEM CAN BE SUCCESSFULLY IMPLEMENTED,
    19  INCLUDING, BUT NOT LIMITED TO, AN ANALYSIS OF THE PROSPECTIVE
    20  MARKET, THE PROJECTED COSTS AND REVENUES OF THE SYSTEM, THE
    21  MUNICIPAL WASTE-STREAM THAT THE SYSTEM WILL RELY UPON AND
    22  VARIOUS OPTIONS AVAILABLE TO IMPLEMENT THE SYSTEM.
    23     "Host municipality."  The municipality other than the county
    24  within which a municipal waste landfill or resource recovery
    25  facility is located or is proposed to be located.
    26     "LEAF WASTE."  LEAVES, GARDEN RESIDUES, SHRUBBERY AND TREE     <--
    27  TRIMMINGS, AND SIMILAR MATERIAL, BUT NOT INCLUDING GRASS
    28  CLIPPINGS.
    29     "LOCAL PUBLIC AGENCY."
    30         (1)  COUNTIES, CITIES, BOROUGHS, TOWNS, TOWNSHIPS, SCHOOL
    19870S0528B1207                 - 11 -

     1     DISTRICTS, AND ANY OTHER AUTHORITY NOW IN EXISTENCE OR
     2     HEREAFTER CREATED OR ORGANIZED BY THE COMMONWEALTH.
     3         (2)  ALL MUNICIPAL OR SCHOOL OR OTHER AUTHORITIES NOW IN
     4     EXISTENCE OR HEREAFTER CREATED OR ORGANIZED BY ANY COUNTY,
     5     CITY, BOROUGH, TOWNSHIP OR SCHOOL DISTRICT OR ANY COMBINATION
     6     THEREOF.
     7         (3)  ANY AND ALL OTHER PUBLIC BODIES, AUTHORITIES,
     8     COUNCILS OF GOVERNMENT, OFFICERS, AGENCIES OR
     9     INSTRUMENTALITIES OF THE FOREGOING, WHETHER EXERCISING A
    10     GOVERNMENTAL OR PROPRIETARY FUNCTION.
    11     "Management."  The entire process, or any part thereof, of
    12  storage, collection, transportation, processing, treatment and
    13  disposal of solid wastes by any person engaging in such process.
    14     "Municipal recycling program."  A source separation and
    15  collection program for recycling municipal waste, or a program
    16  for designated drop-off points or collection centers for
    17  recycling municipal waste, that is operated by or on behalf of a
    18  municipality. The term includes any source separation and
    19  collection program for composting yard waste that is operated by
    20  or on behalf of a municipality. The term shall not include any
    21  program for recycling demolition waste or sludge from sewage
    22  treatment plants or water supply treatment plants.
    23     "Municipal waste."  Any garbage, refuse, industrial lunchroom
    24  or office waste and other material, including solid, liquid,
    25  semisolid or contained gaseous material, resulting from
    26  operation of residential, municipal, commercial or institutional
    27  establishments and from community activities and any sludge not
    28  meeting the definition of residual or hazardous waste in the
    29  Solid Waste Management Act from a municipal, commercial or
    30  institutional water supply treatment plant, waste water
    19870S0528B1207                 - 12 -

     1  treatment plant or air pollution control facility.
     2     "Municipal waste landfill."  Any facility that is designed,
     3  operated or maintained for the disposal of municipal waste,
     4  whether or not such facility possesses a permit from the
     5  department under the Solid Waste Management Act. The term shall
     6  not include any facility that is used exclusively for disposal
     7  of demolition waste or sludge from sewage treatment plants or
     8  water supply treatment plants.
     9     "Municipality."  A county, city, borough, incorporated town,
    10  township or home rule municipality.
    11     "Operator."  A person engaged in solid waste processing or
    12  disposal. Where more than one person is so engaged in a single
    13  operation, all persons shall be deemed jointly and severally
    14  responsible for compliance with the provisions of this act.
    15     "Person."  Any individual, partnership, corporation,
    16  association, institution, cooperative enterprise, municipality,
    17  municipal authority, Federal Government or agency, State
    18  institution or agency (including, but not limited to, the
    19  Department of General Services and the State Public School
    20  Building Authority), or any other legal entity whatsoever which
    21  is recognized by law as the subject of rights and duties. In any
    22  provisions of this act prescribing a fine, imprisonment or
    23  penalty, or any combination of the foregoing, the term "person"
    24  shall include the officers and directors of any corporation or
    25  other legal entity having officers and directors.
    26     "Pollution."  Contamination of any air, water, land or other
    27  natural resources of this Commonwealth that will create or is
    28  likely to create a public nuisance or to render the air, water,
    29  land or other natural resources harmful, detrimental or
    30  injurious to public health, safety or welfare, or to domestic,
    19870S0528B1207                 - 13 -

     1  municipal, commercial, industrial, agricultural, recreational or
     2  other legitimate beneficial uses, or to livestock, wild animals,
     3  birds, fish or other life.
     4     "POST CONSUMER WASTE MATERIAL."  ANY PRODUCT GENERATED BY A    <--
     5  BUSINESS OR CONSUMER WHICH HAS SERVED ITS INTENDED END USE, AND
     6  WHICH HAS BEEN SEPARATED FROM SOLID WASTE FOR THE PURPOSES OF
     7  COLLECTION, RECYCLING, AND DISPOSITION. THE TERM INCLUDES
     8  INDUSTRIAL BYPRODUCTS THAT WOULD OTHERWISE GO TO DISPOSAL OR
     9  PROCESSING FACILITIES. THE TERM DOES NOT INCLUDE INTERNALLY
    10  GENERATED SCRAP THAT IS COMMONLY RETURNED TO INDUSTRIAL OR
    11  MANUFACTURING PROCESS.
    12     "Processing."  Any technology used for the purpose of
    13  reducing the volume or bulk of municipal waste or any technology
    14  used to convert part or all of such waste materials for offsite
    15  reuse. Processing facilities include, but are not limited to,
    16  transfer facilities, composting facilities and resource recovery
    17  facilities.
    18     "Project development."  Those activities required to be
    19  conducted prior to constructing a resource recovery PROCESSING    <--
    20  OR DISPOSAL facility that has been shown to be feasible,
    21  including, but not limited to, public input and participation,
    22  siting, procurement and vendor contract negotiations, and market
    23  and municipal waste supply assurance negotiations.
    24     "PUBLIC AGENCY."  ANY COMMONWEALTH AGENCY OR LOCAL PUBLIC      <--
    25  AGENCY.
    26     "RECYCLED CONTENT."  PRODUCTS OR MATERIALS CONTAINING POST
    27  CONSUMER WASTE MATERIALS.
    28     "Recycling."  The collection, separation, recovery and sale
    29  or reuse of metals, glass, paper, LEAF WASTE, plastics and other  <--
    30  materials which would otherwise be disposed OR PROCESSED as       <--
    19870S0528B1207                 - 14 -

     1  municipal waste.
     2     "Remaining available permitted capacity."  The remaining
     3  permitted capacity that is actually available for processing or
     4  disposal to the county or other municipality that generated the
     5  waste.
     6     "Remaining permitted capacity."  The weight or volume of
     7  municipal waste that can be processed or disposed at an existing
     8  municipal waste processing or disposal facility. The term shall
     9  include only weight or volume capacity for which the department
    10  has issued a permit under the Solid Waste Management Act. The
    11  term shall not include any facility that the department
    12  determines, or has determined, has failed and continues to fail
    13  to comply with the provisions of the Solid Waste Management Act,
    14  and the regulations promulgated pursuant thereto, or any permit
    15  conditions., unless and until the Environmental Hearing Board     <--
    16  issues a final adjudication voiding any final action by the
    17  department based on that determination and such adjudication is
    18  either affirmed on appeal or not appealed.
    19     "Residual waste."  Any garbage, refuse, other discarded
    20  material or other waste, including solid, liquid, semisolid or
    21  contained gaseous materials resulting from industrial, mining
    22  and agricultural operations and any sludge from an industrial,
    23  mining or agricultural water supply treatment facility, waste
    24  water treatment facility or air pollution control facility,
    25  provided that it is not hazardous. The term shall not include
    26  coal refuse as defined in the act of September 24, 1968
    27  (P.L.1040, No.318), known as the Coal Refuse Disposal Control
    28  Act. The term shall not include treatment sludges from coal mine
    29  drainage treatment plants, disposal of which is being carried on
    30  pursuant to and in compliance with a valid permit issued
    19870S0528B1207                 - 15 -

     1  pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
     2  as The Clean Streams Law.
     3     "Resource recovery."  The extraction and utilization from      <--
     4  municipal waste of materials or energy. The term includes, but
     5  is not limited to, the operation of resource recovery facilities
     6  or municipal recycling programs.
     7     "Resource recovery facility."  A facility that provides for
     8  the extraction and utilization of materials or energy from
     9  municipal waste THAT IS GENERATED OFF-SITE, including, but not    <--
    10  limited to, a facility that mechanically extracts materials from
    11  municipal waste, a combustion facility that converts the organic
    12  fraction of municipal waste to usable energy, and any chemical
    13  and biological process that converts municipal waste into a fuel
    14  product or other usable materials. THE TERM ALSO INCLUDES ANY     <--
    15  FACILITY FOR THE COMBUSTION OF MUNICIPAL WASTE THAT IS GENERATED
    16  OFF-SITE, WHETHER OR NOT THE FACILITY IS OPERATED TO RECOVER
    17  ENERGY. The term does not include methane gas extraction from a
    18  municipal waste landfill, nor shall it include any separation
    19  and collection center, drop-off point or collection center for
    20  recycling municipal waste, or any source separation or
    21  collection center for composting yard LEAF waste.                 <--
    22     "Resource recovery feasibility study."  A study which          <--
    23  analyzes a specific resource recovery system to assess the
    24  likelihood that the system can be successfully implemented,
    25  including, but not limited to, an analysis of the prospective
    26  market, the projected costs and revenues of the system, the
    27  municipal waste stream that the system will rely upon and
    28  various options available to implement the system.
    29     "Secretary."  The Secretary of Environmental Resources of the
    30  Commonwealth.
    19870S0528B1207                 - 16 -

     1     "Solid waste."  Solid waste, as defined in the act of July 7,
     2  1980 (P.L.380, No.97), known as the Solid Waste Management Act.
     3     "Solid Waste Abatement Fund."  The fund created pursuant to
     4  section 701 of the Solid Waste Management Act.
     5     "Solid Waste Management Act."  The act of July 7, 1980
     6  (P.L.380, No.97).
     7     "Storage."  The containment of any municipal waste on a
     8  temporary basis in such a manner as not to constitute disposal
     9  of such waste. It shall be presumed that the containment of any
    10  municipal waste in excess of one year constitutes disposal. This
    11  presumption can be overcome by clear and convincing evidence to
    12  the contrary.
    13     "Transportation."  The offsite removal of any municipal waste
    14  at any time after generation.
    15     "Treatment."  Any method, technique or process, including,
    16  but not limited to, neutralization, designed to change the
    17  physical, chemical or biological character or composition of any
    18  municipal waste so as to neutralize such waste or so as to
    19  render such waste safer for transport, suitable for recovery,
    20  suitable for storage or reduced in volume.
    21     "Waste reduction."  Design, manufacture or use of a product
    22  to minimize weight of municipal waste that requires processing
    23  or disposal, including, BUT NOT LIMITED TO:                       <--
    24         (1)  design or manufacturing activities which minimize
    25     the weight or volume of materials contained in a product, or
    26     increase durability or recyclability; and
    27         (2)  use of products that contain as little material as
    28     possible, are capable of being reused or recycled or have an
    29     extended useful life.
    30  Section 104.  Construction of act.
    19870S0528B1207                 - 17 -

     1     (a)  Liberal construction.--The terms and provisions of this
     2  act are to be liberally construed, so as to best achieve and
     3  effectuate the goals and purposes hereof.
     4     (b)  Para materia.--This act shall be construed in para
     5  materia with the Solid Waste Management Act.
     6                             CHAPTER 3
     7                         POWERS AND DUTIES
     8  Section 301.  Powers and duties of department.
     9     The department, in consultation with the Department of Health
    10  regarding matters of public health significance, shall have the
    11  power and its duty shall be to:
    12         (1)  Administer the municipal waste planning and resource  <--
    13     recovery, RECYCLING AND WASTE REDUCTION program pursuant to    <--
    14     the provisions of this act and the regulations promulgated
    15     pursuant thereto.
    16         (2) Cooperate with appropriate Federal, State, interstate
    17     and local units of government and with appropriate private
    18     organizations in carrying out its duties under this act.
    19         (3)  Provide technical assistance to municipalities AND    <--
    20     COMMONWEALTH AGENCIES, including, but not limited to, the
    21     training of personnel.
    22         (4)  Initiate, conduct and support research,
    23     demonstration projects and investigations, and coordinate all
    24     State agency research programs pertaining to municipal waste
    25     management systems.
    26         (5)  Regulate municipal waste planning, including, but
    27     not limited to, the development and implementation of county
    28     municipal waste management plans.
    29         (6)  Approve, conditionally approve or disapprove
    30     municipal waste management plans, issue orders, conduct
    19870S0528B1207                 - 18 -

     1     inspections and abate public nuisances to implement the
     2     provisions and purposes of this act and the regulations
     3     promulgated pursuant to this act.
     4         (7)  Serve as the agency of the Commonwealth for the
     5     receipt of moneys from the Federal Government or other public
     6     agencies or private agencies and expend such moneys for
     7     studies and research with respect to, and for the enforcement
     8     and administration of, the provisions and purposes of this
     9     act and the regulations promulgated pursuant thereto.
    10         (8)  Institute, in a court of competent jurisdiction,
    11     proceedings against any person to compel compliance with the
    12     provisions of this act, any regulation promulgated pursuant
    13     thereto, any order of the department, or the terms and
    14     conditions of any approved municipal waste management plan.
    15         (9)  Institute prosecutions against any person under this
    16     act.
    17         (10)  Appoint such advisory committees as the secretary
    18     deems necessary and proper to assist the department in
    19     carrying out the provisions of this act. The secretary is
    20     authorized to pay reasonable and necessary expenses incurred
    21     by the members of such advisory committees in carrying out
    22     their functions.
    23         (11)  Encourage and, where the department determines it
    24     is appropriate, require counties and other municipalities to
    25     carry out their duties under this act, using the full range
    26     of incentives and enforcement authority provided in this act.
    27         (12)  Take any action not inconsistent with this act that
    28     the department may deem necessary or proper to collect the
    29     resource recovery RECYCLING fee provided by this act, and to   <--
    30     insure the payment of the host municipality benefit fee and
    19870S0528B1207                 - 19 -

     1     TO ENSURE THE PAYMENT OF the site-specific postclosure fee     <--
     2     and moneys for the trust fund for municipally operated
     3     landfills provided by this act.
     4         (13)  Accept any solid waste management plan by a county,  <--
     5     solid waste management district or regional agency outside
     6     Pennsylvania that has been developed and approved pursuant to
     7     the applicable law of the state in which the county, district
     8     or agency is located. Any such plan shall also comply with
     9     sections 502(h) and 505(b)(6) for municipal waste to be
    10     processed or disposed in Pennsylvania.
    11         (14) (13)  Administer and distribute moneys in the
    12     Resource Recovery RECYCLING Fund for any public educational    <--
    13     programs on recycling and waste reduction that the department
    14     believes to be appropriate, for technical assistance to
    15     counties in the preparation of municipal waste management
    16     plans, for technical assistance to municipalities concerning
    17     recycling and waste reduction, to conduct research, and for
    18     other purposes consistent with this act.
    19         (14)  TO PROMOTE AND EMPHASIZE RECYCLING AND WASTE         <--
    20     REDUCTION IN THE COMMONWEALTH BY, AMONG OTHER THINGS:
    21             (I)  CONDUCTING A COMPREHENSIVE, INNOVATIVE AND
    22         EFFECTIVE PUBLIC EDUCATION PROGRAM CONCERNING THE VALUE
    23         OF RECYCLING AND WASTE REDUCTION, AND OF PUBLIC
    24         OPPORTUNITIES TO PARTICIPATE IN SUCH ACTIVITIES, IN
    25         COOPERATION WITH THE DEPARTMENT OF EDUCATION.
    26             (II)  DEVELOPING AND MAINTAINING A DATA BASE ON
    27         RECYCLING AND WASTE REDUCTION IN THE COMMONWEALTH, AND
    28         MAKING THE INFORMATION IN THAT DATA BASE AVAILABLE TO THE
    29         PUBLIC.
    30             (III)  COORDINATING RECYCLING AND WASTE REDUCTION
    19870S0528B1207                 - 20 -

     1         EFFORTS AMONG COMMONWEALTH AGENCIES.
     2             (IV)  PROVIDING FINANCIAL AND OTHER ASSISTANCE TO
     3         MUNICIPALITIES THAT ARE REQUIRED BY SECTION 1501 TO
     4         IMPLEMENT RECYCLING PROGRAMS.
     5         (15)  Do any and all other acts and things, not
     6     inconsistent with any provision of this act, which it may
     7     deem necessary or proper for the effective enforcement of
     8     this act and the regulations promulgated pursuant thereto
     9     after consulting with the Department of Health regarding
    10     matters of public health significance.
    11  Section 302.  Powers and duties of Environmental Quality Board.
    12     The Environmental Quality Board shall have the power and its
    13  duty shall be to adopt the regulations of the department to
    14  accomplish the purposes and to carry out the provisions of this
    15  act.
    16  Section 303.  Powers and duties of Environmental Hearing Board.   <--
    17     The Environmental Hearing Board shall have the power and its
    18  duty shall be to hold hearings and issue adjudications on any
    19  final action of the department according to the provisions of
    20  the act of April 9, 1929 (P.L.177, No.175), known as The
    21  Administrative Code of 1929 and 2 Pa.C.S. (relating to
    22  administrative law and procedure).
    23  Section 304 303.  Powers and duties of counties.                  <--
    24     (a)  Primary responsibility of county.--Each county shall
    25  have the power and its duty shall be to insure the availability
    26  of adequate permitted processing and disposal capacity for the
    27  municipal waste which is generated within its boundaries. As
    28  part of this power, a county:
    29         (1)  May require all persons collecting or transporting
    30     municipal waste within the county to obtain licenses for the
    19870S0528B1207                 - 21 -

     1     purpose of directing waste to facilities designated pursuant
     2     to subsection (e).
     3         (2)  Shall have the power and duty to implement its
     4     approved plan as it relates to the processing and disposal of
     5     municipal waste generated within its boundaries.
     6         (3)  May plan for the processing and disposal of
     7     municipal waste generated outside its boundaries and to
     8     implement its approved plan as it relates to the processing
     9     and disposal of such waste.
    10     (b)  Joint planning.--Any two or more counties may adopt and
    11  implement a single municipal waste management plan for the
    12  municipal waste generated within the combined area of the
    13  counties.
    14     (c)  Ordinances and resolutions.--In carrying out its duties
    15  under this section, a county may adopt ordinances, resolutions,
    16  regulations and standards for the processing and disposal of
    17  municipal waste, which shall not be less stringent than, and not
    18  in violation of or inconsistent with, the provisions and
    19  purposes of the Solid Waste Management Act, this act and the
    20  regulations promulgated pursuant thereto.
    21     (d)  Delegation of county responsibility.--A county may enter
    22  into a written agreement with another municipality or municipal
    23  authority pursuant to which the person undertakes to fulfill
    24  some or all of the county's responsibilities under this act for
    25  municipal waste planning and implementation of the approved
    26  county plan. Any such person shall be jointly and severally
    27  responsible with the county for municipal waste planning and
    28  implementation of the approved county plan in accordance with
    29  this act and the regulations promulgated pursuant thereto.
    30     (e)  Designated sites.--A county with an approved municipal
    19870S0528B1207                 - 22 -

     1  waste management plan that was submitted pursuant to section
     2  501(a), (b) or (d) OR (C) of this act is also authorized to       <--
     3  require that all municipal wastes generated within its
     4  boundaries shall be processed or disposed at a designated
     5  processing or disposal facility that is contained in the
     6  approved plan and that was permitted by the department after      <--
     7  July 1, 1986 UNDER THE ACT OF JULY 7, 1980 (P.L.380, NO.97),      <--
     8  KNOWN AS THE SOLID WASTE MANAGEMENT ACT. No county shall direct
     9  municipal waste that would otherwise be recycled to any resource
    10  recovery facility or other facility for purposes other than
    11  recycling such waste.
    12     (F)  REPORT.--ON OR BEFORE APRIL 1 OF EACH YEAR, EACH COUNTY   <--
    13  SHALL SUBMIT A REPORT TO THE DEPARTMENT DESCRIBING:
    14         (1)  ITS PROGRESS IN IMPLEMENTING ITS DEPARTMENT-APPROVED
    15     MUNICIPAL WASTE MANAGEMENT PLAN OR IN DEVELOPING SUCH A PLAN.
    16         (2)  THE WEIGHT OR VOLUME OF MATERIALS THAT WERE RECYCLED
    17     BY MUNICIPAL RECYCLING PROGRAMS IN THE COUNTY IN THE
    18     PRECEDING CALENDAR YEAR.
    19  Section 305 304.  Powers and duties of municipalities other than  <--
    20                 counties.
    21     (a)  Responsibility of other municipalities.--Each
    22  municipality other than a county shall have the power and its
    23  duty shall be to assure the proper and adequate transportation,
    24  collection and storage of municipal waste which is generated OR   <--
    25  PRESENT within its boundaries. As part of that power,             <--
    26  municipalities other than counties may AND TO adopt and           <--
    27  implement programs for the collection and recycling of municipal
    28  waste AS PROVIDED IN THIS ACT.                                    <--
    29     (b)  Ordinances.--In carrying out its duties under this
    30  section, a municipality other than a county may adopt
    19870S0528B1207                 - 23 -

     1  resolutions, ordinances, regulations and standards for the
     2  transportation, storage and collection of municipal wastes,
     3  which shall not be less stringent than, and not in violation of
     4  or inconsistent with, the provisions and purposes of the Solid
     5  Waste Management Act, this act and the regulations promulgated
     6  pursuant thereto.
     7     (c)  Delegation of responsibility.--A municipality other than
     8  a county may contract with any municipality or municipal
     9  authority to carry out its duties for the transportation,
    10  collection and storage of municipal waste, if the
    11  transportation, collection or storage activity or facility is
    12  conducted or operated in a manner that is consistent with the
    13  Solid Waste Management Act, this act and the regulations
    14  promulgated pursuant thereto.
    15     (d)  Designated sites.--A municipality other than a county
    16  may require by ordinance that all municipal waste generated
    17  within its jurisdiction shall be disposed of at a designated
    18  permitted facility. Such ordinance shall remain in effect until
    19  the county in which the municipality is located adopts a waste
    20  flow control ordinance as part of a plan submitted to the
    21  department pursuant to section 501(a), (b) or (d) OR (C) and      <--
    22  approved by the department. Except as provided in section 502(n)  <--
    23  (M), any such county ordinance shall supersede any such           <--
    24  municipal ordinance to the extent that the municipal ordinance
    25  is inconsistent with the county ordinance.
    26     (e)  Term and renewals of certain contracts.--The governing
    27  body of a municipality OTHER THAN A COUNTY shall have the power   <--
    28  to, and may, enter into contracts having an initial term of five
    29  years with optional renewal periods of up to five years with
    30  persons responsible for the collection or transportation of
    19870S0528B1207                 - 24 -

     1  municipal waste generated within the municipality. The
     2  provisions of this subsection shall not apply to the disposal of
     3  municipal solid waste. THE LIMITATIONS IMPOSED ON CONTRACTS BY    <--
     4  SECTION 1502(XXVII) OF THE ACT OF JUNE 24, 1931 (P.L.1206,
     5  NO.331), KNOWN AS THE FIRST CLASS TOWNSHIP CODE, AND SECTION 702
     6  (VIII) OF THE ACT OF MAY 1, 1933 (P.L.103, NO.69), KNOWN AS THE
     7  SECOND CLASS TOWNSHIP CODE, SHALL NOT APPLY TO CONTRACTS ENTERED
     8  INTO PURSUANT TO THIS ACT.
     9     (F)  REPORT.--ON OR BEFORE FEBRUARY 15 OF EACH YEAR, EACH
    10  MUNICIPALITY OTHER THAN A COUNTY THAT IS IMPLEMENTING A
    11  RECYCLING PROGRAM SHALL SUBMIT A REPORT TO THE COUNTY IN WHICH
    12  THE MUNICIPALITY IS LOCATED. THE REPORT SHALL DESCRIBE THE
    13  WEIGHT OR VOLUME OF MATERIALS THAT WERE RECYCLED BY THE
    14  MUNICIPAL RECYCLING PROGRAM IN THE PRECEDING CALENDAR YEAR.
    15                             CHAPTER 5
    16                      MUNICIPAL WASTE PLANNING
    17  Section 501.  Schedule for submission of municipal waste
    18                 management plans.
    19     (a)  Submission of plan.--Except as provided in subsections
    20  (b) and (c), each county shall submit to the department within
    21  two and one-half years of the effective date of this act an
    22  officially adopted plan for a municipal waste management plan
    23  for municipal waste generated within its boundaries. Such plan
    24  shall be consistent with the requirements of this act.
    25     (b)  Request for alternative date.--A county may request the   <--
    26  department to establish an alternative date to that set forth in
    27  subsection (a) if such request is received by the department no
    28  later than 120 days from the effective date of this act. If the
    29  department approves the request, the county's plan shall be
    30  submitted to the department on the date stated in the
    19870S0528B1207                 - 25 -

     1  department's approval. Each such request, if approved, shall be
     2  updated and submitted to the department for approval annually on
     3  or before the date on which the department first approved the
     4  request. The department may not approve any request unless such
     5  request:
     6         (1)  Identifies and describes the facilities where
     7     municipal waste generated in the county is currently being
     8     disposed of or processed, and the remaining available
     9     permitted capacity of those facilities.
    10         (2)  Estimates the time before all remaining available
    11     permitted capacity that can be included in this request will
    12     be exhausted, and justifies such estimate.
    13         (3)  Proposes a date for initiating development of the
    14     county's municipal waste management plan that is at least six
    15     years before the time all remaining available permitted
    16     capacity that can be included in this request will be
    17     exhausted, and proposes a date for submitting the plan that
    18     it is at least three years before all remaining available
    19     permitted capacity that can be included in this request will
    20     be exhausted.
    21     (c) (B)  Existing plans.--A county that has submitted a        <--
    22  complete municipal waste management plan to the department for
    23  approval on or before September 1, 1987 30 DAYS FROM THE          <--
    24  EFFECTIVE DATE OF THIS ACT, shall be deemed to have a plan
    25  approved pursuant to section 505 if, on or before the effective
    26  date of this act:
    27         (1)  The department has granted technical or preliminary
    28     approval of such plan under 25 Pa. Code §§ 75.11 through
    29     75.13.
    30         (2)  More than one-half of the municipalities within the
    19870S0528B1207                 - 26 -

     1     county, representing more than one-half of the county's
     2     population as determined by the most recent decennial census
     3     by the United States Bureau of the Census, have adopted
     4     resolutions approving such plan.
     5     (d) (C)  Plan revisions.--Each county with an approved         <--
     6  municipal waste management plan shall submit a revised plan to
     7  the department in accordance with the requirements of this act:
     8         (1)  At least three years prior to the time all remaining
     9     available permitted capacity for the county will be
    10     exhausted.
    11         (2)  For plans approved pursuant to subsection (c) (B),    <--
    12     within two years of the effective date of this act. Such plan
    13     revisions shall be consistent with the requirements of this
    14     act CHAPTER except to the extent that the county demonstrates  <--
    15     TO THE DEPARTMENT'S SATISFACTION that commitments IRREVOCABLE  <--
    16     CONTRACTS made by or pursuant to the approved plan preclude
    17     compliance with the requirements of this act CHAPTER.          <--
    18         (3)  When otherwise required by the department.
    19     (e) (D)  Procedure for considering plan revisions.--At least   <--
    20  30 days before submitting any proposed plan revision to the
    21  department, the county shall submit a copy of the proposed
    22  revision to the advisory committee established pursuant to
    23  section 503 and to each municipality within the county. All plan
    24  revisions that are determined by the county or by the department
    25  to be substantial shall be subject to the requirements of
    26  sections 503 and 504. The plan revisions required by subsection
    27  (d)(C)(2) shall be considered substantial plan revisions.         <--
    28  Section 502.  Content of municipal waste management plans.
    29     (a)  General rule.--Except as provided in section 501(c) (B),  <--
    30  every plan submitted after the effective date of this act shall
    19870S0528B1207                 - 27 -

     1  comply with the provisions of this section.
     2     (b)  Description of waste.--The plan shall describe and
     3  explain the origin, content and weight or volume of municipal
     4  waste currently generated within the county's boundaries, and
     5  the origin, content and weight or volume of municipal waste that
     6  will be generated within the county's boundaries during the next
     7  ten years.
     8     (c)  Description of facilities.--The plan shall identify and
     9  describe the facilities where municipal waste is currently being
    10  disposed or processed and the remaining available permitted
    11  capacity of such facilities AND THE CAPACITY WHICH COULD BE MADE  <--
    12  AVAILABLE THROUGH EXPANSION OF SUCH FACILITIES. The plan shall
    13  contain an analysis of the effect of current and planned
    14  recycling on waste generated within the county. The plan shall
    15  also explain the extent to which existing facilities will be
    16  used during the life of the plan, and shall not substantially
    17  impair the use of their remaining permitted capacity OR OF        <--
    18  CAPACITY WHICH COULD BE MADE AVAILABLE THROUGH EXPANSION OF SUCH
    19  FACILITIES. For purposes of this subsection, existing facilities
    20  shall include facilities for which a complete permit application  <--
    21  under the Solid Waste Management Act is filed with the
    22  department within six months ONE YEAR from the effective date of  <--
    23  this act OR THE DATE A PLAN IS APPROVED, WHICHEVER IS THE LATER,  <--
    24  unless such permit application is denied by the department. IN    <--
    25  ADDITION, THE PLAN SHALL GIVE CONSIDERATION TO THE POTENTIAL
    26  EXPANSION OF EXISTING MUNICIPAL WASTE PROCESSING OR DISPOSAL
    27  FACILITIES LOCATED IN THE COUNTY. FOR THE PURPOSES OF THIS
    28  SUBSECTION, THE DEPARTMENT SHALL DETERMINE WHETHER APPLICATIONS
    29  ARE COMPLETE WITHIN 90 DAYS OF THEIR RECEIPT AND, IF INCOMPLETE,
    30  SPECIFY TO THE APPLICANT ALL DEFICIENCIES OF THE APPLICATION.
    19870S0528B1207                 - 28 -

     1     (d)  Estimated future capacity.--The plan shall estimate the
     2  processing or disposal capacity needed for the municipal waste
     3  that will be generated in the county during the next ten years.
     4  The assessment shall describe the primary variables affecting
     5  this estimate and the extent to which they can reasonably be
     6  expected to affect the estimate, including, but not limited to,
     7  the amount of residual waste disposed or processed at municipal
     8  waste disposal or processing facilities in the county and the
     9  extent to which residual waste may be disposed or processed at
    10  such facilities during the next ten years.
    11     (e)  Description of recyclable waste.--The plan shall          <--
    12  describe the kind and weight or volume of municipal waste that
    13  could be recycled through municipal recycling programs and the
    14  potential benefits of recycling, including the avoided cost of
    15  municipal waste processing or disposal. The plan shall also
    16  describe the compatibility of recycling with other municipal
    17  waste processing or disposal methods, giving consideration to
    18  and describing anticipated and available markets or uses for
    19  materials collected through municipal recycling programs. If
    20  recycling is proposed, the plan shall describe the kind and
    21  weight or volume of recyclable materials that will be collected;
    22  proposed collection methods for recyclable materials; options
    23  for insuring the collection of recyclable materials, including,
    24  but not limited to, municipal ordinances; and options for
    25  municipal cooperation or agreement for the collection,
    26  processing and sale of recyclable material.
    27     (E)  DESCRIPTION OF RECYCLABLE WASTE.--                        <--
    28         (1)  THE PLAN SHALL DESCRIBE AND EVALUATE:
    29             (I)  THE KIND AND WEIGHT OR VOLUME OF MUNICIPAL WASTE
    30         THAT COULD BE RECYCLED, GIVING CONSIDERATION AT A MINIMUM
    19870S0528B1207                 - 29 -

     1         TO THE FOLLOWING MATERIALS: CLEAR GLASS, COLORED GLASS,
     2         ALUMINUM, STEEL AND BIMETALLIC CANS, HIGH GRADE OFFICE
     3         PAPER, NEWSPRINT, CORRUGATED PAPER, PLASTICS, LEAF WASTE
     4         AND GRASS CLIPPINGS.
     5             (II)  POTENTIAL BENEFITS OF RECYCLING, INCLUDING THE
     6         POTENTIAL SOLID WASTE REDUCTION AND THE AVOIDED COST OF
     7         MUNICIPAL WASTE PROCESSING OR DISPOSAL.
     8             (III)  EXISTING MATERIALS RECOVERY OPERATIONS AND THE
     9         KIND AND WEIGHT OR VOLUME OF MATERIALS RECYCLED BY THE
    10         OPERATIONS, WHETHER PUBLIC OR PRIVATE.
    11             (IV)  THE COMPATIBILITY OF RECYCLING WITH OTHER
    12         MUNICIPAL WASTE PROCESSING OR DISPOSAL METHODS, GIVING
    13         CONSIDERATION TO AND DESCRIBING ANTICIPATED AND AVAILABLE
    14         MARKETS FOR MATERIALS COLLECTED THROUGH MUNICIPAL
    15         RECYCLING PROGRAMS.
    16             (V)  PROPOSED OR EXISTING COLLECTION METHODS FOR
    17         RECYCLABLE MATERIALS.
    18             (VI)  OPTIONS FOR ENSURING THE COLLECTION OF
    19         RECYCLABLE MATERIALS.
    20             (VII)  OPTIONS FOR THE PROCESSING, STORAGE AND SALE
    21         OF RECYCLABLE MATERIALS, INCLUDING MARKET COMMITMENTS.
    22         THE PLAN SHALL CONSIDER THE RESULTS OF THE MARKET
    23         DEVELOPMENT STUDY REQUIRED BY SECTION 508, IF THE RESULTS
    24         ARE AVAILABLE.
    25             (VIII)  OPTIONS FOR MUNICIPAL COOPERATION OR
    26         AGREEMENT FOR THE COLLECTION, PROCESSING AND SALE OF
    27         RECYCLABLE MATERIALS.
    28             (IX)  A SCHEDULE FOR IMPLEMENTATION OF THE RECYCLING
    29         PROGRAM.
    30             (X)  ESTIMATED COSTS OF OPERATING AND MAINTAINING A
    19870S0528B1207                 - 30 -

     1         RECYCLING PROGRAM, ESTIMATED REVENUE FROM THE SALE OR USE
     2         OF MATERIALS AND AVOIDED COSTS OF PROCESSING OR DISPOSAL.
     3             (XI)  WHAT CONSIDERATION FOR THE COLLECTION,
     4         MARKETING AND DISPOSITION OF RECYCLABLE MATERIALS WILL BE
     5         ACCORDED TO PERSONS ENGAGED IN THE BUSINESS OF RECYCLING
     6         ON THE EFFECTIVE DATE OF THIS ACT, WHETHER OR NOT THE
     7         PERSONS ARE OPERATING FOR PROFIT.
     8         (2)  ANY COUNTY CONTAINING MUNICIPALITIES THAT ARE
     9     REQUIRED BY SECTION 1501 TO IMPLEMENT RECYCLING PROGRAMS
    10     SHALL TAKE THE PROVISIONS OF THAT SECTION INTO ACCOUNT IN
    11     PREPARING THE RECYCLING PORTION OF ITS PLAN.
    12         (3)  NOTHING IN THIS CHAPTER SHALL BE CONSTRUED OR
    13     UNDERSTOOD TO REQUIRE PREPARATION OF A COUNTY MUNICIPAL WASTE
    14     MANAGEMENT PLAN PRIOR TO DEVELOPING AND IMPLEMENTING ANY
    15     RECYCLING PROGRAM REQUIRED BY CHAPTER 15.
    16     (f)  Financial factors.--The plan shall describe the type,
    17  mix, size, expected cost and proposed methods of financing the
    18  facilities, recycling programs or waste reduction programs that
    19  are proposed for the processing and disposal of the municipal
    20  waste that will be generated within the county's boundaries
    21  during the next ten years. For every proposed facility,
    22  recycling program or waste reduction program, the plan shall
    23  discuss all of the following:
    24         (1)  Explain in detail the reason for selecting such
    25     facility or program.
    26         (2)  Describe alternative facilities or programs,
    27     including, but not limited to, waste reduction, recycling, or
    28     resource recovery facilities or programs, that were
    29     considered.
    30         (3)  Evaluate the environmental, energy, life cycle cost
    19870S0528B1207                 - 31 -

     1     and economic advantages and disadvantages of the proposed
     2     facility or program as well as the alternatives considered.
     3         (4)  Show that adequate provision for existing and
     4     reasonably anticipated future recycling has been made in
     5     designing the size of any proposed facility.
     6         (5)  Set forth a time schedule and program for planning,
     7     design, siting, construction and operation of each proposed
     8     facility or program.
     9     (g)  Location.--The plan shall identify the general location
    10  within a county where each municipal waste processing or
    11  disposal facility AND EACH RECYCLING OPERATION identified in      <--
    12  subsection (f) will be located, and either identify the site of
    13  each facility if the site has already been chosen or explain how
    14  the site will be chosen. FOR ANY FACILITY THAT IS PROPOSED TO BE  <--
    15  LOCATED OUTSIDE THE COUNTY, THE PLAN SHALL EXPLAIN IN DETAIL THE
    16  REASONS FOR SELECTING SUCH A FACILITY.
    17     (h)  Prior written approval.--For any municipality waste       <--
    18  landfill or resource recovery facility to be permitted after the
    19  effective date of this act that is proposed to be located
    20  outside of the boundaries of the county for which the plan is
    21  submitted:
    22         (1)  the plan shall contain a written statement approving
    23     the facility from the governing body of the county where the
    24     facility is proposed to be located; or
    25         (2)  provide an explanation for the failure to obtain a
    26     written statement, in which case the plan shall also cover
    27     all of the following:
    28             (i)  Identify the site on which the facility is
    29         proposed to be located; explain the nature of the
    30         county's property right to use that site for municipal
    19870S0528B1207                 - 32 -

     1         waste processing or disposal; and demonstrate that
     2         written notice has been given to the host municipality.
     3             (ii)  Explain in detail the reasons for proposing an
     4         out-of-county site.
     5             (iii)  Describe alternative sites within the
     6         generator county that were considered and explain the
     7         reasons these alternative sites were rejected.
     8             (iv)  Evaluate the environmental, energy and economic
     9         merits of the site proposed as well as the alternatives
    10         considered.
    11             (v)  Explain how the construction and operation of
    12         the proposed facility will not interfere with municipal
    13         waste processing and disposal in the host county.
    14     (i) (H)  Implementing entity identification.--The plan shall   <--
    15  identify the governmental entity that will be responsible for
    16  implementing the plan on behalf of the county and describe the
    17  legal basis for that entity's authority to do so.
    18     (j) (I)  Public function.--Where the county determines that    <--
    19  it is in the public interest for municipal waste transportation,
    20  processing and disposal to be a public function, the plan shall
    21  provide for appropriate mechanisms.
    22     (k) (J)  Copies of ordinances and resolutions.--The plan       <--
    23  shall include any proposed waste flow control ordinances or
    24  requirements that will be used to insure the operation of any
    25  facilities proposed in the plan. For each ordinance or
    26  requirement, the plan shall identify the areas of the county to
    27  be affected, the expected effective date and the implementing
    28  mechanism.
    29     (l) (K)  Orderly extension.--The plan shall provide for the    <--
    30  orderly extension of municipal waste management systems in a
    19870S0528B1207                 - 33 -

     1  manner that is consistent with the needs of the area and is also
     2  consistent with any existing State, regional or local plans
     3  affecting the development, use and protection of air, water,
     4  land or other natural resources. The plan shall also take into
     5  consideration planning, zoning, population estimates,
     6  engineering and economics.
     7     (m) (L)  Other information.--The plan shall include any other  <--
     8  information that the department may require.
     9     (n) (M)  Noninterference with certain resource recovery        <--
    10  facilities AND LANDFILLS.--No county municipal waste management   <--
    11  plan shall interfere with the design, construction
    12         (1)  NO COUNTY MUNICIPAL WASTE MANAGEMENT PLAN SHALL       <--
    13     INTERFERE WITH ANY OF THE FOLLOWING:
    14             (I)  THE DESIGN, CONSTRUCTION or operation of any
    15         MUNICIPAL WASTE PROCESSING, DISPOSAL OR resource recovery  <--
    16         facility OR THE REASONABLE EXPANSION OF SUCH FACILITY OR   <--
    17         MUNICIPAL WASTE LANDFILL that is part of a complete
    18         municipal waste management plan submitted by a
    19         municipality or organization of municipalities under the
    20         Solid Waste Management Act prior to the effective date of
    21         this act OR THE DATE SUCH PLAN IS UNDERTAKEN, WHICHEVER    <--
    22         IS THE LATER, and for which a complete permit application
    23         under the Solid Waste Management Act is submitted to the
    24         department within one year of the effective date of this
    25         act. Within 120                                            <--
    26             (II)  THE PROJECTS, PLANS OR OPERATIONS OF A           <--
    27         MUNICIPALITY AUTHORITY CREATED UNDER THE ACT OF MAY 2,
    28         1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
    29         AUTHORITIES ACT OF 1945, OR OF AN ORGANIZATION OF
    30         MUNICIPALITIES WHICH (MUNICIPALITY AUTHORITY OR
    19870S0528B1207                 - 34 -

     1         ORGANIZATION OF MUNICIPALITIES) IS CREATED BY TWO OR MORE
     2         MUNICIPALITIES PRIOR TO THE EFFECTIVE DATE OF THIS ACT
     3         FOR THE PURPOSES OF PROVIDING FOR COLLECTION, STORAGE,
     4         TRANSPORTATION, PROCESSING OR DISPOSAL OF SOLID WASTE
     5         GENERATED WITHIN THE MUNICIPALITIES AND WHICH
     6         (MUNICIPALITY AUTHORITY OR ORGANIZATION OF
     7         MUNICIPALITIES) SUBMITS TO THE DEPARTMENT WITHIN TWO
     8         YEARS OF THE EFFECTIVE DATE OF THIS ACT, AND HAS APPROVED
     9         BY THE DEPARTMENT, A SOLID WASTE MANAGEMENT PLAN,
    10         CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION,
    11         THAT INCLUDES EACH MEMBER MUNICIPALITY. THIS SUBPARAGRAPH
    12         APPLIES TO THE PROJECTS, PLANS AND OPERATIONS OF
    13         MUNICIPALITIES WHICH ARE MEMBERS OF THE MUNICIPALITY
    14         AUTHORITY OR ORGANIZATION OF MUNICIPALITIES.
    15         (2)  WITHIN 120 days after receiving a complete plan
    16     submitted pursuant to this subsection, the department shall    <--
    17     give it preliminary or technical approval under 25 Pa. Code
    18     §§ 75.11 through 75.13 or disapprove it. FOR THE PURPOSES OF   <--
    19     THIS SUBSECTION, THE DEPARTMENT SHALL DETERMINE WHETHER
    20     APPLICATIONS ARE COMPLETE WITHIN 90 DAYS OF THEIR RECEIPT
    21     AND, IF INCOMPLETE, SPECIFY TO THE APPLICANT ALL DEFICIENCIES
    22     OF THE APPLICATION.
    23  Section 503.  Development of municipal waste management plans.
    24     (a)  Advisory committee.--Prior to preparing a plan or
    25  substantial plan revisions for submission to the department in
    26  accordance with the provisions of this act, the county shall
    27  form an advisory committee, which shall include representatives
    28  of all classes of municipalities within the county, citizen
    29  organizations, industry, THE COUNTY RECYCLING COORDINATOR, IF     <--
    30  ONE EXISTS, and any other persons deemed appropriate by the
    19870S0528B1207                 - 35 -

     1  county. The advisory committee shall review the plan during its
     2  preparation, make suggestions and propose any changes it
     3  believes appropriate.
     4     (b)  Written notice.--The county shall provide written notice
     5  to all municipalities within the county when plan development
     6  begins and shall provide periodic written progress reports to
     7  such municipalities concerning the preparation of the plan.
     8     (c)  Review and comment.--Prior to adoption by the governing
     9  body of the county, the county shall submit copies of the
    10  proposed plan for review and comment to the department, all
    11  municipalities within the county, all areawide planning agencies
    12  and the county health department, if one exists. The county
    13  shall also make the proposed plan available for public review
    14  and comment. The period for review and comment shall be 90 days.
    15  The county shall hold at least one public hearing on the
    16  proposed plan during this period. The plan subsequently
    17  submitted to the governing body of the county for adoption shall
    18  be accompanied by a document containing written responses to
    19  comments made during the comment period.
    20     (d)  Adoption and ratification of plan.--The governing body
    21  of the county shall adopt a plan within 60 days from the end of
    22  the public comment period. Not later than ten days following
    23  adoption of a plan by the governing body of the county, the plan
    24  shall be sent to municipalities within the county for
    25  ratification. If a municipality does not act on the plan within
    26  90 days of its submission to such municipality, it shall be
    27  deemed to have ratified the plan. If more than one-half of the
    28  municipalities, representing more than one-half of the county's
    29  population as determined by the most recent decennial census by
    30  the United States Bureau of the Census, ratify the plan, then
    19870S0528B1207                 - 36 -

     1  the county within ten days of ratification shall submit the plan
     2  to the department for approval.
     3     (e)  Statement of objections.--A municipality may not
     4  disapprove of a proposed county plan unless the municipality's
     5  resolution of disapproval contains a concise statement of its
     6  objections to the plan. Each municipality disapproving a plan
     7  shall immediately transmit a copy of its resolution of
     8  disapproval to the county and the advisory committee. A           <--
     9  CONDITIONAL APPROVAL SHALL BE CONSIDERED A DISAPPROVAL.
    10  Section 504.  Failure to ratify plan.
    11     (a)  Submission.--If the plan is not ratified as provided in
    12  section 503(d), the county shall meet with the advisory
    13  committee to discuss the reasons that the plan was not ratified.
    14  The advisory committee shall submit a recommendation concerning
    15  a revised county plan to the county within 45 days after it
    16  becomes apparent that the plan has failed to obtain
    17  ratification. The advisory committee's recommendation shall
    18  specifically address the objections stated by municipalities in
    19  their resolutions of disapproval of the county plan.
    20     (b)  Adoption of revised plan by county.--The governing body
    21  of the county shall adopt a revised plan within 75 days after it
    22  has become apparent that the original plan has failed to obtain
    23  ratification. Not later than five days following adoption of a
    24  revised plan by the governing body of the county, the plan shall
    25  be sent to municipalities within the county for ratification. If
    26  a municipality does not act on the revised plan within 45 days
    27  of its submission to such municipality, it shall be deemed to
    28  have ratified the plan. If more than one-half of the
    29  municipalities, representing more than one-half of the county's
    30  population as determined by the most recent decennial census by
    19870S0528B1207                 - 37 -

     1  the United States Bureau of the Census, ratify the revised plan,
     2  then the county within ten days of ratification shall submit the
     3  revised plan to the department for approval.
     4     (c)  Statement of objections.--A municipality may not
     5  disapprove of a proposed revised county plan unless the
     6  municipality's resolution of disapproval contains a concise
     7  statement of its objections to the plan. Each municipality shall
     8  immediately transmit a copy of its resolution of disapproval to
     9  the county.
    10     (d)  Failure to ratify revised plan.--If the plan is not
    11  ratified as provided in subsection (b), the county shall submit
    12  the revised plan to the department for approval. The revised
    13  plan shall be submitted within ten days after it is apparent
    14  that the plan has failed to obtain ratification and shall be
    15  accompanied by the county's written response to the objections
    16  stated by municipalities in the resolutions of disapproval.
    17  Section 505.  Review of municipal waste management plans.
    18     (a)  Departmental approval options.--Within 30 days after
    19  receiving a complete plan, the department shall approve,
    20  conditionally approve or disapprove it, unless the department
    21  gives written notice that additional time is necessary to
    22  complete its review. If the department gives such notice, it
    23  shall have 30 additional days to render a decision.
    24     (b)  Minimum plan requirement.--The department shall not
    25  approve any county plan unless the plan demonstrates to the
    26  satisfaction of the department that:
    27         (1)  The plan is complete and accurate.
    28         (2)  The plan gives priority to the implementation of      <--
    29     municipal recycling programs and to the development and use
    30     of resource recovery facilities to address the county's
    19870S0528B1207                 - 38 -

     1     projected municipal waste processing and disposal needs,
     2     giving consideration to environmental, energy and economic
     3     factors.
     4         (2)  THE PLAN PROVIDES FOR THE MAXIMUM FEASIBLE            <--
     5     DEVELOPMENT AND IMPLEMENTATION OF RECYCLING PROGRAMS.
     6         (3)  The plan provides for the processing and disposal of
     7     municipal waste in a manner that is consistent with the
     8     requirements of the Solid Waste Management Act, and the
     9     regulations promulgated pursuant thereto.
    10         (4)  The plan provides a feasible method for the           <--
    11     processing and disposal of municipal waste FOR AT LEAST TEN    <--
    12     YEARS.
    13         (5)  For any municipal waste landfills or resource         <--
    14     recovery facilities that are proposed to be located outside
    15     the county, the plan includes a copy of the written notice
    16     that was provided to the host municipality and:
    17             (i)  contains a written statement approving the
    18         facility from the governing body of the county where the
    19         facility is proposed to be located and is not
    20         inconsistent with the approved plan for the county where
    21         the facility is proposed to be located; or
    22             (ii)  provides a clear and convincing rationale for
    23         locating the facility outside the county that complies
    24         with the requirements of section 502(h).
    25     (c)  Zoning powers unaffected.--Nothing in this act shall be
    26  construed or understood to enlarge or diminish the authority of
    27  municipalities to adopt ordinances pursuant to, or to exempt
    28  entities or individuals PERSONS acting under the authority of     <--
    29  this act from the provisions of the act of July 31, 1968
    30  (P.L.805, No.247), known as the Pennsylvania Municipalities
    19870S0528B1207                 - 39 -

     1  Planning Code.
     2  Section 506.  Contracts.
     3     (a)  General rule.--Except as provided in sections 705 and     <--
     4  1305 OTHERWISE PROVIDED IN THIS ACT, nothing in this act shall    <--
     5  be construed to interfere with, or in any way modify, the
     6  provisions of any contract for municipal waste disposal,
     7  processing or collection in force in any county, other
     8  municipality or municipal authority upon the effective date of
     9  this act.
    10     (b)  Renewals.--No renewal of any existing contract upon the
    11  expiration or termination of the original term thereof, and no
    12  new contract for municipal waste disposal, processing or
    13  collection shall be entered into after the effective date of
    14  this act, unless such renewal or such new contract shall conform
    15  to the applicable provisions of THIS ACT AND a department-        <--
    16  approved municipal waste management plan.
    17     (c)  Renegotiation option.--If no plan has been approved for
    18  the county, no contract renewal or new contract for municipal
    19  waste disposal, processing or collection shall be entered into
    20  unless such contract contains a provision for renegotiation to
    21  conform to the approved plan when such plan is approved by the
    22  department.
    23  Section 507.  Relationship between plans and permits.
    24     The department shall not issue any municipal waste landfill    <--
    25  or resource recovery permit under the Solid Waste Management
    26  Act, in a county:
    27         (1)  On and after the date that the governing body of the
    28     county has approved a municipal waste management plan but
    29     before a plan is approved by the department under section
    30     505, unless the department has considered the potential
    19870S0528B1207                 - 40 -

     1     effect of that permit on the proposed plan.
     2         (2)  On and after the date of departmental approval of
     3     the county municipal waste management plan under section 505,
     4     unless the permit applicant demonstrates to the department's
     5     satisfaction that:
     6             (i)  For waste generated within the county, the
     7         proposed facility is provided for in the approved plan
     8         for that county.
     9             (ii)  For waste generated outside the county:
    10                 (A)  the proposed facility is provided for in the
    11             approved plan for the county that generated the
    12             waste; or
    13                 (B)  the county where the permitted facility
    14             would be located has failed to adhere to the schedule
    15             set forth in its approved plan for planning, design,
    16             siting, construction or operation of municipal waste
    17             processing or disposal facilities.
    18     AFTER THE DATE OF DEPARTMENTAL APPROVAL OF A COUNTY MUNICIPAL  <--
    19  WASTE MANAGEMENT PLAN UNDER SECTION 505, THE DEPARTMENT MAY NOT
    20  ISSUE ANY NEW PERMIT, OR ANY PERMIT THAT RESULTS IN ADDITIONAL
    21  CAPACITY, FOR A MUNICIPAL WASTE LANDFILL OR RESOURCE RECOVERY
    22  FACILITY UNDER THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN
    23  AS THE SOLID WASTE MANAGEMENT ACT, IN THE COUNTY UNLESS THE
    24  APPLICANT DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT THE
    25  PROPOSED FACILITY:
    26         (1)  IS PROVIDED FOR IN THE PLAN FOR THE COUNTY; OR
    27         (2)  MEETS ALL OF THE FOLLOWING REQUIREMENTS:
    28             (I)  THE PROPOSED FACILITY WILL NOT INTERFERE WITH
    29         IMPLEMENTATION OF THE APPROVED PLAN.
    30             (II)  THE PROPOSED FACILITY WILL NOT INTERFERE WITH
    19870S0528B1207                 - 41 -

     1         MUNICIPAL WASTE COLLECTION, STORAGE, TRANSPORTATION,
     2         PROCESSING OR DISPOSAL IN THE HOST COUNTY.
     3             (III)  THE GOVERNING BODY OF THE PROPOSED HOST COUNTY
     4         HAS PROVIDED A WRITTEN STATEMENT APPROVING THE LOCATION
     5         OF THE PROPOSED FACILITY, OR THE PROPOSED LOCATION OF THE
     6         FACILITY IS PREFERABLE TO ALTERNATIVE LOCATIONS, GIVING
     7         CONSIDERATION TO ENVIRONMENTAL AND ECONOMIC FACTORS.
     8  Section 508.  Studies.
     9     (a)  Market development for recyclable municipal waste.--
    10  Within 15 months after the effective date of this act, the
    11  department shall submit to the General Assembly a report that
    12  describes:
    13         (1)  The current and projected capacity of existing
    14     markets to absorb materials generated by municipal recycling
    15     programs in this Commonwealth.
    16         (2)  Market conditions that inhibit or affect demand for
    17     materials generated by municipal recycling programs.
    18         (3)  Potential opportunities to increase demand for and
    19     use of materials generated by municipal recycling programs.
    20         (4)  Recommendations for specific actions to increase and
    21     stabilize the demand for materials generated by municipal
    22     recycling programs, including, but not limited to, proposed
    23     legislation if necessary.
    24     (B)  UPDATE OF MARKET STUDY.--WITHIN THREE YEARS AFTER THE     <--
    25  COMPLETION OF THE MARKET DEVELOPMENT STUDY DESCRIBED IN
    26  SUBSECTION (A), THE DEPARTMENT SHALL SUBMIT TO THE GENERAL
    27  ASSEMBLY AN UPDATE OF THE STUDY, TAKING INTO ACCOUNT INFORMATION
    28  DEVELOPED SINCE ITS COMPLETION.
    29     (b) (C)  Waste reduction.--Within 24 months after the          <--
    30  effective date of this act, the department shall submit to the
    19870S0528B1207                 - 42 -

     1  General Assembly a report:
     2         (1)  That describes various mechanisms that could be
     3     utilized to stimulate and enhance waste reduction, including
     4     their advantages and disadvantages. The mechanisms to be
     5     analyzed shall include, but not be limited to, incentives for
     6     prolonging product life, methods for ensuring product
     7     recyclability, LABELING REQUIREMENTS FOR RECYCLABLE PRODUCTS   <--
     8     AND PRODUCTS WITH RECYCLED CONTENT, taxes for excessive
     9     packaging, tax incentives, prohibitions on the use of certain
    10     products and performance standards for products.
    11         (2)  That includes recommendations to stimulate and
    12     enhance waste reduction, including, but not limited to,
    13     proposed legislation if necessary.
    14     (D)  UPDATE OF WASTE REDUCTION STUDY.--WITHIN THREE YEARS      <--
    15  AFTER THE COMPLETION OF THE WASTE REDUCTION STUDY DESCRIBED IN
    16  SUBSECTION (C), THE DEPARTMENT SHALL SUBMIT TO THE GENERAL
    17  ASSEMBLY AN UPDATE OF THE STUDY, TAKING INTO ACCOUNT INFORMATION
    18  DEVELOPED SINCE ITS COMPLETION.
    19  Section 509.  Best available technology.
    20     (a)  Publication of criteria.--The department, after public
    21  notice and an opportunity for comment, shall publish in the
    22  Pennsylvania Bulletin criteria for best available technology (as
    23  defined in 25 Pa. Code § 121.1 (relating to definitions)) for
    24  new resource recovery facilities.
    25     (b)  Restriction on issuance of certain permits.--The
    26  department shall not issue any approval or permit for a resource
    27  recovery facility under the act of January 8, 1960 (1959
    28  P.L.2119, No.787), known as the Air Pollution Control Act, that
    29  is less stringent than any provision of the applicable best
    30  available technology criteria. The department shall require any
    19870S0528B1207                 - 43 -

     1  resource recovery facility to operate in compliance with the
     2  applicable best available technology criteria.
     3     (c)  Operation tests and reports.--The operator of any
     4  resource recovery facility shall conduct tests for emissions of
     5  particulate matter in accordance with standards of performance
     6  for new sources specified by the United States Environmental
     7  Protection Agency for incinerators, resource recovery facilities
     8  and associated control devices and shall report the results in a
     9  manner established by the department.
    10  SECTION 510.  PERMIT REQUIREMENTS.                                <--
    11     THE DEPARTMENT SHALL NOT ISSUE ANY APPROVAL OR PERMIT FOR A
    12  RESOURCE RECOVERY FACILITY UNDER THE ACT OF JULY 7, 1980
    13  (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT,
    14  UNLESS THE APPLICANT HAS PROVIDED THE DEPARTMENT WITH ADEQUATE
    15  DOCUMENTATION AND ASSURANCES THAT ALL ASH RESIDUE PRODUCED FROM
    16  OR BY A RESOURCE RECOVERY FACILITY WILL BE DISPOSED AT A
    17  PERMITTED LANDFILL. PRIOR TO THE APPROVAL OF ANY PERMIT
    18  APPLICATION FOR A RESOURCE RECOVERY FACILITY, THE OPERATOR SHALL
    19  SUBMIT A PLAN TO THE DEPARTMENT FOR THE ALTERNATE DISPOSAL OF
    20  MUNICIPAL WASTE DESIGNATED FOR DISPOSAL AT THE RESOURCE RECOVERY
    21  FACILITY.
    22                             CHAPTER 7
    23                  RESOURCE RECOVERY RECYCLING FEE                   <--
    24  Section 701.  Resource recovery RECYCLING fee for municipal       <--
    25                 waste landfills AND RESOURCE RECOVERY FACILITIES.  <--
    26     (a)  Imposition.--There is imposed a resource recovery fee of  <--
    27  $1.25 per ton for all solid waste disposed of at municipal waste
    28  landfills. Such fee shall be paid by the operator of each
    29  municipal waste landfill.
    30     (A)  IMPOSITION.--THERE IS IMPOSED A RECYCLING FEE OF $1.25    <--
    19870S0528B1207                 - 44 -

     1  PER TON FOR ALL SOLID WASTE PROCESSED AT RESOURCE RECOVERY
     2  FACILITIES AND FOR ALL SOLID WASTE EXCEPT PROCESS RESIDUE AND
     3  NONPROCESSIBLE WASTE FROM A RESOURCE RECOVERY FACILITY THAT IS
     4  DISPOSED OF AT MUNICIPAL WASTE LANDFILLS. SUCH FEE SHALL BE PAID
     5  BY THE OPERATOR OF EACH MUNICIPAL WASTE LANDFILL AND RESOURCE
     6  RECOVERY FACILITY.
     7     (b)  Alternative calculation.--Except as provided in           <--
     8  subsection (c), the fee for operators of municipal waste
     9  landfills THE FEE FOR OPERATORS OF MUNICIPAL WASTE LANDFILLS AND  <--
    10  RESOURCE RECOVERY FACILITIES that do not weigh solid waste when
    11  it is received shall be calculated as if three cubic yards were
    12  equal to one ton of solid waste.
    13     (c)  Waste weight requirement.--On and after January 1, 1988,
    14  each operator of a municipal waste landfill AND RESOURCE          <--
    15  RECOVERY FACILITY that has received 30,000 or more cubic yards
    16  of solid waste in the previous calendar year shall weigh all
    17  solid waste when it is received. The scale used to weigh solid
    18  waste shall conform to the requirements of the act of December
    19  1, 1965 (P.L.988, No.368), known as the Weights and Measures Act
    20  of 1965, and the regulations promulgated pursuant thereto. The
    21  operator of the scale shall be a licensed public weighmaster
    22  under the act of April 28, 1961 (P.L.135, No.64), known as the
    23  Public Weighmaster's Act, and the regulations promulgated
    24  pursuant thereto.
    25     (d)  Sunset for fee.--No fee shall be imposed under this
    26  section on and after the first day of the eleventh year
    27  following the effective date of this act.
    28  Section 702.  Form and timing of resource recovery RECYCLING fee  <--
    29                 payment.
    30     (a)  Quarterly payments.--Each operator of a municipal waste
    19870S0528B1207                 - 45 -

     1  landfill shall make the resource recovery AND RESOURCE RECOVERY   <--
     2  FACILITY SHALL MAKE THE RECYCLING fee payment quarterly. The fee
     3  shall be paid on or before the 20th day of April, July, October
     4  and January for the three months ending the last day of March,
     5  June, September and December.
     6     (b)  Quarterly reports.--Each resource recovery RECYCLING fee  <--
     7  payment shall be accompanied by a form prepared and furnished by
     8  the department and completed by the operator. The form shall
     9  state the TOTAL weight or volume of solid waste received by the   <--
    10  landfill FACILITY during the payment period and provide any       <--
    11  other AGGREGATE information deemed necessary by the department    <--
    12  to carry out the purposes of this act. The form shall be signed
    13  by the operator.
    14     (c)  Timeliness of payment.--The operator shall be deemed to
    15  have made a timely payment of the resource recovery RECYCLING     <--
    16  fee if the operator complies with all of the following:
    17         (1)  The enclosed payment is for the full amount owed
    18     pursuant to this section and no further departmental action
    19     is required for collection.
    20         (2)  The payment is accompanied by the required form, and
    21     such form is complete and accurate.
    22         (3)  The letter transmitting the payment that is received
    23     by the department is postmarked by the United States Postal
    24     Service on or prior to the final day on which the payment is
    25     to be received.
    26     (d)  Discount.--Any operator that makes a timely payment of
    27  the resource recovery RECYCLING fee as provided in this section   <--
    28  shall be entitled to credit and apply against the fee payable, a
    29  discount of 1% of the amount of the fee collected.
    30     (e)  Refunds.--Any operator that believes he has overpaid the
    19870S0528B1207                 - 46 -

     1  resource recovery RECYCLING fee may file a petition for refund    <--
     2  to the department. If the department determines that the
     3  operator has overpaid the fee, the department shall refund to
     4  the operator the amount due him, together with interest at a
     5  rate established pursuant to section 806.1 of the act of April
     6  9, 1929 (P.L.343, No.176), known as The Fiscal Code, from the
     7  date of overpayment. No refund of the resource recovery           <--
     8  RECYCLING fee shall be made unless the petition for the refund    <--
     9  is filed with the department within six months of the date of
    10  the overpayment.
    11     (f)  Alternative proof of payment.--For purposes of this
    12  section, presentation of a receipt indicating that the payment
    13  was mailed by registered or certified mail on or before the due
    14  date shall be evidence of timely payment.
    15  Section 703.  Collection and enforcement of fee.
    16     (a)  Interest.--If an operator fails to make a timely payment
    17  of the resource recovery RECYCLING fee, the operator shall pay    <--
    18  interest on the unpaid amount due at the rate established
    19  pursuant section 806 of the act of April 9, 1929 (P.L.343,
    20  No.176), known as The Fiscal Code, from the last day for timely
    21  payment to the date paid.
    22     (b)  Additional penalty.--In addition to the interest
    23  provided in subsection (b) (A), if an operator fails to make      <--
    24  timely payment of the resource recovery RECYCLING fee, there      <--
    25  shall be added to the amount of fee actually due 5% of the
    26  amount of such fee, if the failure to file a timely payment is
    27  for not more than one month, with an additional 5% for each
    28  additional month, or fraction thereof, during which such failure
    29  continues, not exceeding 25% in the aggregate.
    30     (c)  Assessment notices.--
    19870S0528B1207                 - 47 -

     1         (1)  If the department determines that any operator of a   <--
     2     municipal waste landfill has not made a timely payment of the
     3     resource recovery RECYCLING fee, it will send the operator a   <--
     4     written notice of the amount of the deficiency, within 30
     5     days of determining such deficiency. When the operator has
     6     not provided a complete and accurate statement of the weight
     7     or volume of solid waste received at the landfill FACILITY     <--
     8     for the payment period, the department may estimate the
     9     weight or volume in its notice.
    10         (2)  The operator charged with the deficiency shall have
    11     30 days to pay the deficiency in full or, if the operator
    12     wishes to contest the deficiency, forward the amount of the
    13     deficiency to the department for placement in an escrow
    14     account with the State Treasurer or any Pennsylvania bank, or
    15     post an appeal bond in the amount of the deficiency. Such
    16     bond shall be executed by a surety licensed to do business in
    17     this Commonwealth and be satisfactory to the department.
    18     Failure to forward the money or the appeal bond to the
    19     department within 30 days shall result in a waiver of all
    20     legal rights to contest the deficiency.
    21         (3)  If, through administrative or judicial review of the
    22     deficiency, it is determined that the amount of deficiency
    23     shall be reduced, the department shall within 30 days remit
    24     the appropriate amount to the operator, with any interest
    25     accumulated by the escrow deposit.
    26         (4)  The amount determined after administrative hearing
    27     or after waiver of administrative hearing shall be payable to
    28     the Commonwealth and shall be collectible in the manner
    29     provided in section 1509 1709.                                 <--
    30         (5)  Any other provision of law to the contrary
    19870S0528B1207                 - 48 -

     1     notwithstanding, there shall be a statute of limitations of
     2     five years upon actions brought by the Commonwealth pursuant
     3     to this section.
     4         (6)  If any amount due hereunder remains unpaid 30 days
     5     after receipt of notice thereof, the department may order the
     6     operator of the landfill FACILITY to cease receiving any       <--
     7     solid waste until the amount of the deficiency is completely
     8     paid.
     9     (d)  Filing of appeals.--Notwithstanding any other provision
    10  of law, all appeals of final department actions concerning the
    11  resource recovery fee, including, but not limited to, petitions
    12  for refunds, shall be filed with the Environmental Hearing
    13  Board.
    14     (e)  Constructive trust.--All resource recovery RECYCLING      <--
    15  fees collected by an operator and held by such operator prior to
    16  payment to the department shall constitute a trust fund for the
    17  Commonwealth, and such trust shall be enforceable against such
    18  operator, its representatives and any person receiving any part
    19  of such fund without consideration or with knowledge that the
    20  operator is committing a breach of the trust. However, any
    21  person receiving payment of lawful obligation of the operator
    22  from such fund shall be presumed to have received the same in
    23  good faith and without any knowledge of the breach of trust.
    24     (f)  Remedies cumulative.--The remedies provided to the
    25  department in this section are in addition to any other remedies
    26  provided at law or in equity.
    27  Section 704.  Records.
    28     Each operator of a municipal waste landfill shall keep daily   <--
    29  records of all deliveries of solid waste to the landfill          <--
    30  FACILITY as required by the department, including, but not        <--
    19870S0528B1207                 - 49 -

     1  limited to, the name and address of the hauler, the source of
     2  the waste, the kind of waste received and the weight or volume
     3  of the waste. A copy of these records shall be maintained at the
     4  site by the operator for no less than five years and shall be
     5  made available to the department for inspection, upon request.
     6  Section 705.  Surcharge.
     7     The provisions of any law to the contrary notwithstanding,
     8  the operator of any municipal waste landfill may collect the fee  <--
     9  imposed by this section as a surcharge on any fee schedule
    10  established pursuant to law, ordinance, resolution or contract
    11  for solid waste disposal operations at the landfill PROCESSING    <--
    12  OR DISPOSAL OPERATIONS AT THE FACILITY. In addition, any person
    13  who collects or transports solid waste subject to the resource    <--
    14  recovery RECYCLING fee to a municipal waste landfill OR RESOURCE  <--
    15  RECOVERY FACILITY may impose a surcharge on any fee schedule
    16  established pursuant to law, ordinance, resolution or contract
    17  for the collection or transportation of solid waste to the
    18  landfill FACILITY. The surcharge shall be equal to the increase   <--
    19  in disposal fees at the landfill attributable to the resource     <--
    20  recovery FACILITY ATTRIBUTABLE TO THE RECYCLING fee. However,     <--
    21  interest and penalties on the fee under section 703(a) and (b)
    22  may not be collected as a surcharge.
    23  Section 706.  Resource Recovery RECYCLING Fund.                   <--
    24     (a)  Establishment.--All fees received by the department
    25  pursuant to section 701 shall be paid into the State Treasury
    26  into a special fund to be known as the Resource Recovery          <--
    27  RECYCLING Fund, which is hereby established.                      <--
    28     (b)  Appropriation.--All moneys placed in the Resource         <--
    29  Recovery RECYCLING Fund are hereby appropriated to the            <--
    30  department for the purposes set forth in this section. The
    19870S0528B1207                 - 50 -

     1  department shall, from time to time, submit to the Governor for
     2  his approval estimates of amounts to be expended under this act.
     3     (c)  Allocations.--The department shall, to the extent
     4  practicable, allocate the moneys received by the Resource         <--
     5  Recovery RECYCLING Fund, including all interest generated         <--
     6  thereon, in the following manner over the life of the fund:
     7         (1)  At least 70% shall be expended by the department for
     8     grants to municipalities for the development and
     9     implementation of recycling programs as set forth in section
    10     905, performance grants for municipal recycling programs as    <--
    11     set forth in section 906, and market development and waste
    12     reduction studies as set forth in section 508. 902, RECYCLING  <--
    13     COORDINATORS AS PROVIDED IN SECTION 903, AND MARKET
    14     DEVELOPMENT AND WASTE REDUCTION STUDIES AS SET FORTH IN
    15     SECTION 508; FOR IMPLEMENTATION OF THE RECOMMENDATIONS IN THE
    16     STUDIES REQUIRED BY SECTION 508; AND FOR RESEARCH CONDUCTED
    17     OR FUNDED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO
    18     SECTION 1505.
    19         (2)  Up to 20% 10% may be expended by the department for   <--
    20     grants for resource recovery feasibility studies FOR           <--
    21     MUNICIPAL WASTE PROCESSING AND DISPOSAL FACILITIES, EXCEPT
    22     FOR FACILITIES FOR THE COMBUSTION OF MUNICIPAL WASTE THAT ARE
    23     NOT PROPOSED TO BE OPERATED FOR THE RECOVERY OF ENERGY as set
    24     forth in sections 902 and 903 and for grants for resource      <--
    25     recovery project development as set forth in section 904 IN    <--
    26     SECTION 901.
    27         (3)  Up to 10% 30% may be expended by the department for   <--
    28     public information, public education and technical assistance
    29     programs concerning recycling and waste reduction, including
    30     technical assistance programs for counties and other
    19870S0528B1207                 - 51 -

     1     municipalities, for research and demonstration projects, FOR   <--
     2     PLANNING GRANTS AS SET FORTH IN SECTION 901, FOR THE HOST
     3     INSPECTOR TRAINING PROGRAM AS SET FORTH IN SECTION 1102, and
     4     for other purposes consistent with this act.
     5         (4)  No more than 3% may be expended for the collection
     6     and administration of moneys in the fund.
     7     (d)  Transfer.--On the first day of the sixteenth year after
     8  the fee imposed by section 701 becomes effective, all moneys in
     9  the Resource Recovery RECYCLING Fund that are not obligated       <--
    10  shall be transferred to the Solid Waste Abatement Fund and
    11  expended in the same manner as other moneys in the Solid Waste
    12  Abatement Fund. On the first day of the nineteenth year after
    13  the fee imposed by section 701 becomes effective, all moneys in
    14  the Resource Recovery RECYCLING Fund that are not expended shall  <--
    15  be transferred to the Solid Waste Abatement Fund and expended in
    16  the same manner as other moneys in the Solid Waste Abatement
    17  Fund.
    18     (e)  Advisory committee.--The secretary shall establish a
    19  Resource Recovery RECYCLING Fund Advisory Committee composed of   <--
    20  representatives of counties, other municipalities, municipal
    21  authorities, the municipal waste management industry, the
    22  municipal waste recycling industry and the general public. The
    23  committee shall meet at least annually to review the
    24  Commonwealth's progress in meeting the goals under section
    25  102(c), to recommend priorities on expenditures from the fund,
    26  and to advise the secretary on associated activities concerning
    27  the administration of the fund. The department shall reimburse
    28  members of the committee for reasonable travel, hotel and other
    29  necessary expenses incurred in performance of their duties under
    30  this section.
    19870S0528B1207                 - 52 -

     1     (f)  Annual reports.--The department shall submit an annual
     2  report to the General Assembly on receipts to and disbursements
     3  from the Resource Recovery Fund in the previous RECYCLING FUND    <--
     4  IN THE PREVIOUS FISCAL year, projections for revenues and
     5  expenditures in the coming FISCAL year, and the Commonwealth's    <--
     6  progress in achieving the goals set forth in section 102(c).
     7                             CHAPTER 9
     8                      RESOURCE RECOVERY GRANTS                      <--
     9  Section 901.  Planning grants.
    10     (a)  Authorization.--The department may, UPON APPLICATION      <--
    11  FROM A COUNTY, award grants for the cost of preparing municipal
    12  waste management plans in accordance with this act and; for       <--
    13  carrying out related studies, surveys, investigations,
    14  inquiries, research and analyses, upon application from any       <--
    15  county. ANALYSES, INCLUDING THOSE RELATED BY SITING; AND FOR      <--
    16  ENVIRONMENTAL ACTION. THE DEPARTMENT MAY ALSO AWARD GRANTS UNDER
    17  THIS SECTION FOR FEASIBILITY STUDIES AND PROJECT DEVELOPMENT FOR
    18  MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITIES, EXCEPT FOR
    19  FACILITIES FOR THE COMBUSTION OF MUNICIPAL WASTE THAT ARE NOT
    20  PROPOSED TO BE OPERATED FOR THE RECOVERY OF ENERGY. The
    21  application shall be made on a form prepared and furnished by
    22  the department. The application shall contain such information
    23  as the department deems necessary to carry out the provisions
    24  and purposes of this act. The grant to any county under this
    25  section shall be 50% of the approved cost of such plans and
    26  studies.
    27     (b)  General fund.--All grants under this section shall be     <--
    28  made from funds appropriated for this purpose by the General
    29  Assembly.
    30  Section 902.  Grants to counties for resource recovery
    19870S0528B1207                 - 53 -

     1                 feasibility studies.
     2     (a)  Authorization.--The department may award grants for
     3  resource recovery feasibility studies, upon application from any
     4  county. The application shall be made on a form prepared and
     5  furnished by the department.  The application shall contain such
     6  information as the department deems necessary to carry out the
     7  provisions and purposes of this act. The grant to any county
     8  under this section shall not exceed 50% of the approved cost of
     9  the feasibility study.
    10     (b)  Prerequisites.--The department shall not award any grant
    11  to a county under this section unless the application is
    12  complete and accurate and demonstrates to the department's
    13  satisfaction that the proposed study:
    14         (1)  Is necessary for the preparation or implementation
    15     of the county plan.
    16         (2)  Does not duplicate any prior feasibility study
    17     prepared for or on behalf of the county.
    18     (c)  Priority.--In awarding grants under this section, the
    19  department shall give priority to the following applicants in
    20  the order listed:
    21         (1)  Those applicants that propose to use resource
    22     recovery and recycling facilities or programs for the largest
    23     percentage of municipal waste generated within the county.
    24         (2)  Those applicants that propose to use resource
    25     recovery facilities in conjunction with recycling.
    26  Section 903.  Grants to public institutions for resource
    27                 recovery feasibility studies.
    28     (a)  Authorization.--The department may award grants for
    29  resource recovery feasibility studies, upon application from any
    30  public institution. The application shall be made on a form
    19870S0528B1207                 - 54 -

     1  prepared and furnished by the department. The application shall
     2  contain such information as the department deems necessary to
     3  carry out the provisions and purposes of this act. The grant to
     4  any public institution under this section shall not exceed 50%
     5  of the approved cost of the feasibility study.
     6     (b)  Priority.--The department shall not award any grant for
     7  a public institution under this section unless the application
     8  is complete and accurate and demonstrates all of the following
     9  to the department's satisfaction:
    10         (1)  The county has stated in writing that the proposed
    11     study will not interfere with the preparation or
    12     implementation of the plan for the county in which the public
    13     institution is located.
    14         (2)  The proposed study does not duplicate any prior
    15     feasibility study prepared for on behalf of the public
    16     institution.
    17     (c)  Definition.--For purposes of this section, "public
    18  institution" shall mean any government building or complex of
    19  government buildings.
    20  Section 904.  Grants for project development for resource
    21                 recovery facilities.
    22     (a)  Authorization.--The department may award grants for
    23  project development for resource recovery facilities, upon
    24  application from any county with a department-approved municipal
    25  waste management plan. The application shall be made on a form
    26  prepared and furnished by the department. The application shall
    27  contain such information as the department deems necessary to
    28  carry out the provisions and purposes of this act. The grant
    29  shall not exceed 75% of the approved cost of project
    30  development.
    19870S0528B1207                 - 55 -

     1     (b)  Prerequisites.--The department shall not award any grant
     2  under this section unless the application is complete and
     3  accurate and demonstrates all of the following to the
     4  department's satisfaction:
     5         (1)  The proposed project development work is based on an
     6     accurate and complete feasibility study.
     7         (2)  The proposed project development work is necessary
     8     for the implementation of the approved county plan.
     9         (3)  The proposed project development work does not
    10     duplicate any prior project development work prepared for or
    11     on behalf of the county.
    12         (4)  Adequate provision for existing and reasonably
    13     anticipated future recycling has been or will be made in
    14     designing the size of the facility, regardless of when the
    15     county plan was submitted and approved.
    16     (c)  Grants may be retroactive.--The grant authorized by this
    17  section may be awarded to any county for costs incurred for
    18  project development for resource recovery facilities after
    19  January 1, 1987. However, no grant may be authorized under this
    20  section for a resource recovery facility that has received a
    21  grant from the department under the act of July 20, 1974
    22  (P.L.572, No.198), known as the Pennsylvania Solid Waste-
    23  Resource Recovery Development Act, except for costs that were
    24  not paid by such grant.
    25  Section 905 902.  Grants for development and implementation of    <--
    26                 municipal recycling programs.
    27     (a)  Authorization.--The department may award grants for
    28  development and implementation of municipal recycling programs,
    29  upon application from any municipality. The grant provided by
    30  this section may be used to identify markets, develop a public
    19870S0528B1207                 - 56 -

     1  education campaign, purchase collection and storage equipment,
     2  and do other things necessary to establish a municipal recycling
     3  program. The grant may be used to purchase mechanical processing  <--
     4  equipment COLLECTION EQUIPMENT, only to the extent needed for     <--
     5  collection of recyclable materials, AND MECHANICAL PROCESSING     <--
     6  EQUIPMENT, ONLY TO THE EXTENT THAT SUCH EQUIPMENT IS NOT
     7  AVAILABLE TO THE PROGRAM IN THE PRIVATE SECTOR. The application
     8  shall be made on a form prepared and furnished by the
     9  department. The application shall explain the structure and
    10  operation of the program and shall contain such other
    11  information as the department deems necessary to carry out the
    12  provisions and purposes of this act. The grant under this
    13  section shall not exceed 50% of the approved cost of              <--
    14  establishing a municipal recycling program. TO A MUNICIPALITY     <--
    15  REQUIRED BY SECTION 1501 TO IMPLEMENT A RECYCLING PROGRAM SHALL
    16  BE 50% OF THE APPROVED COST OF ESTABLISHING A MUNICIPAL
    17  RECYCLING PROGRAM. THE GRANT UNDER THIS SECTION TO A
    18  MUNICIPALITY NOT REQUIRED BY SECTION 1501 TO IMPLEMENT A
    19  RECYCLING PROGRAM SHALL BE UP TO 50% OF THE APPROVED COST OF
    20  ESTABLISHING A MUNICIPAL RECYCLING PROGRAM.
    21     (b)  Prerequisites.--The department shall not award any grant
    22  under this section unless the application is complete and
    23  accurate and demonstrates to the department's satisfaction that:
    24  the recycling program for which the grant is sought does not      <--
    25  duplicate any other recycling programs operating within the
    26  municipality. In addition, the department shall not award any
    27  grant to any municipality under this section unless the proposed
    28  recycling program is consistent with the approved county
    29  municipal waste management plan.
    30         (1)  THE APPLICATION IS COMPLETE AND ACCURATE.             <--
    19870S0528B1207                 - 57 -

     1         (2)  THE RECYCLING PROGRAM FOR WHICH THE GRANT IS SOUGHT
     2     DOES NOT DUPLICATE ANY OTHER RECYCLING PROGRAMS OPERATING
     3     WITHIN THE MUNICIPALITY.
     4         (3)  IF THE APPLICATION IS NOT REQUIRED TO IMPLEMENT A
     5     RECYCLING PROGRAM BY SECTION 1501, THE APPLICATION DESCRIBES
     6     THE COLLECTION SYSTEM FOR THE PROGRAM, INCLUDING:
     7             (I)  MATERIALS COLLECTED AND PERSONS AFFECTED;
     8             (II)  CONTRACTS FOR THE OPERATION OF THE PROGRAM;
     9             (III)  MARKETS OR USES FOR COLLECTED MATERIALS,
    10         GIVING CONSIDERATION TO THE RESULTS OF THE MARKET
    11         DEVELOPMENT STUDY REQUIRED BY SECTION 508 IF THE RESULTS
    12         ARE AVAILABLE;
    13             (IV)  ORDINANCES OR OTHER MECHANISMS THAT WILL BE
    14         USED TO ENSURE THAT MATERIALS ARE COLLECTED;
    15             (V)  PUBLIC INFORMATION AND EDUCATION;
    16             (VI)  PROGRAM ECONOMICS, INCLUDING AVOIDED PROCESSING
    17         OR DISPOSAL COSTS; AND
    18             (VII)  OTHER INFORMATION DEEMED NECESSARY BY THE
    19         DEPARTMENT.
    20     (c)  Municipal retroactive grants with restrictions.--The
    21  grant authorized by this section may be awarded to any
    22  municipality for ELIGIBLE costs incurred for a municipal          <--
    23  recycling program after January 1, 1987 60 DAYS PRIOR TO THE      <--
    24  EFFECTIVE DATE OF THIS ACT. However, no grant may be authorized
    25  under this section for a municipal recycling program that has
    26  received a grant from the department under the act of July 20,
    27  1974 (P.L.572, No.198), known as the Pennsylvania Solid Waste -
    28  Resource Recovery Development Act, except for costs that were
    29  not paid by such grant.
    30     (D)  PRIORITY.--IN AWARDING GRANTS UNDER THIS SECTION, THE     <--
    19870S0528B1207                 - 58 -

     1  DEPARTMENT SHALL GIVE PRIORITY TO MUNICIPALITIES THAT ARE
     2  REQUIRED BY SECTION 1501 TO IMPLEMENT RECYCLING PROGRAMS.
     3  SECTION 903.  GRANTS FOR RECYCLING COORDINATORS.                  <--
     4     (A)  AUTHORIZATION.--THE DEPARTMENT MAY AWARD GRANTS FOR THE
     5  SALARY AND EXPENSES OF RECYCLING COORDINATORS, UPON APPLICATION
     6  FROM ANY COUNTY. THE APPLICATION SHALL BE MADE ON A FORM
     7  PREPARED AND FURNISHED BY THE DEPARTMENT. THE APPLICATION SHALL
     8  EXPLAIN THE DUTIES AND ACTIVITIES OF THE COUNTY RECYCLING
     9  COORDINATOR. IF A RECYCLING COORDINATOR HAS BEEN ACTIVE PRIOR TO
    10  THE YEAR FOR WHICH THE GRANT IS SOUGHT, THE APPLICATION SHALL
    11  ALSO EXPLAIN THE COORDINATOR'S ACTIVITIES AND ACHIEVEMENTS IN
    12  THE PREVIOUS YEAR.
    13     (B)  LIMIT ON GRANT.--THE GRANT UNDER THIS SECTION SHALL NOT
    14  EXCEED 50% OF THE APPROVED COST OF THE RECYCLING COORDINATOR'S
    15  SALARY AND EXPENSES.
    16  SECTION 904.  GENERAL LIMITATIONS.
    17     (A)  CONTENT OF APPLICATION.--EACH GRANT APPLICATION UNDER
    18  THIS CHAPTER SHALL INCLUDE PROVISIONS FOR AN INDEPENDENT
    19  PERFORMANCE AUDIT, WHICH SHALL BE COMPLETED WITHIN SIX MONTHS
    20  AFTER ALL REIMBURSABLE WORK UNDER THE GRANT HAS BEEN COMPLETED.
    21     (B)  MONETARY LIMIT ON GRANT.--THE DEPARTMENT MAY NOT AWARD
    22  MORE THAN 10% OF THE MONEYS AVAILABLE UNDER ANY GRANT UNDER THIS
    23  CHAPTER IN ANY FISCAL YEAR TO ANY COUNTY, INCLUDING
    24  MUNICIPALITIES WITHIN THE COUNTY.
    25     (C)  OTHER LIMITATIONS ON GRANTS.--THE DEPARTMENT MAY NOT
    26  AWARD ANY GRANT UNDER THIS CHAPTER TO ANY COUNTY OR MUNICIPALITY
    27  THAT HAS FAILED TO COMPLY WITH THE CONDITIONS SET FORTH IN
    28  PREVIOUSLY AWARDED GRANTS UNDER THIS CHAPTER, THE REQUIREMENTS
    29  OF THIS CHAPTER, AND ANY REGULATIONS PROMULGATED PURSUANT
    30  THERETO.
    19870S0528B1207                 - 59 -

     1     (D)  LAPSE OF GRANT.--A GRANT OFFERING PURSUANT TO THIS
     2  CHAPTER SHALL LAPSE AUTOMATICALLY IF FUNDS FOR THE GRANT ARE NOT
     3  ENCUMBERED WITHIN ONE YEAR OF THE OFFERING. TO OBTAIN THE GRANT
     4  AFTER AN OFFERING HAS LAPSED, THE GRANTEE MUST SUBMIT A NEW
     5  APPLICATION IN A SUBSEQUENT FUNDING PERIOD.
     6     (E)  LAPSE OF ENCUMBERED FUNDS.--GRANT FUNDS THAT HAVE BEEN
     7  ENCUMBERED SHALL LAPSE AUTOMATICALLY TO THE RECYCLING FUND IF
     8  THE FUNDS ARE NOT EXPENDED WITHIN TWO YEARS AFTER THEY HAVE BEEN
     9  ENCUMBERED. THE DEPARTMENT MAY, UPON WRITTEN REQUEST FROM THE
    10  GRANTEE, EXTEND THE TWO-YEAR PERIOD FOR AN ADDITIONAL PERIOD OF
    11  UP TO THREE MONTHS. TO OBTAIN ANY FUNDS THAT HAVE LAPSED TO THE
    12  RECYCLING FUND, THE GRANTEE MUST SUBMIT A NEW APPLICATION IN A
    13  SUBSEQUENT FUNDING PERIOD.
    14  Section 906.  Performance grants for municipal recycling          <--
    15                 programs.
    16     (a)  Authorization.--The department may award annual
    17  performance grants for municipal recycling programs other than
    18  programs for the composting of yard waste upon application from
    19  any municipality. The application shall be made on a form
    20  prepared and furnished by the department. The application shall
    21  contain such information as the department deems necessary to
    22  carry out the provisions and purposes of this act.
    23     (b)  Availability and amount.--
    24         (1)  The department may award a grant under this
    25     paragraph to a municipality based on each ton of municipal
    26     waste recycled annually for up to five years. The amount of
    27     the annual grant shall be as follows:
    28             (i)  for the first year, up to $5 per ton;
    29             (ii)  for the second year, up to $5 per ton;
    30             (iii)  for the third year, up to $3 per ton;
    19870S0528B1207                 - 60 -

     1             (iv)  for the fourth year, up to $3 per ton; and
     2             (v)  for the fifth year, up to $2 per ton.
     3         (2)  Where the municipality is serviced by a resource
     4     recovery facility and where the recycled municipal waste for
     5     which the grant is sought would otherwise have been processed
     6     at the resource recovery facility, the department may award
     7     an additional grant under this paragraph up to an additional
     8     $5 per ton of municipal waste recycled annually for a period
     9     not in excess of two years.
    10     (c)  Prerequisites.--The department shall not award any grant
    11  under this section unless the application is complete and
    12  accurate, and demonstrates all of the following to the
    13  department's satisfaction:
    14         (1)  The recycling program does not duplicate any other
    15     recycling programs operating within the municipality.
    16         (2)  The recycled materials for which the grant is
    17     sought:
    18             (i)  were not diverted from another recycling program
    19         already in existence on the effective date of the
    20         ordinance establishing the municipal recycling program;
    21         and
    22             (ii)  were actually marketed.
    23                             CHAPTER 11
    24                    ASSISTANCE TO MUNICIPALITIES
    25  Section 1101.  Information provided to host municipalities.
    26     (a)  Departmental information.--The department will provide
    27  all of the following information to the governing body of host
    28  municipalities for municipal waste landfills and resource
    29  recovery facilities:
    30         (1)  Copies of each department inspection report for such
    19870S0528B1207                 - 61 -

     1     facilities under the Solid Waste Management Act, the act of
     2     June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
     3     Law, the act of May 31, 1945 (P.L.1198, No.418), known as the  <--
     4     Surface Mining Conservation and Reclamation Act, the act of
     5     January 8, 1960 (1959 P.L.2119, No.787), known as the Air
     6     Pollution Control Act, AND the act of November 26, 1978        <--
     7     (P.L.1375, No.325), known as the Dam Safety and Encroachments
     8     Act, and the act of December 19, 1984 (P.L.1093, No.219),      <--
     9     known as the Noncoal Surface Mining Conservation and
    10     Reclamation Act, within five working days after the
    11     preparation of such reports.
    12         (2)  Prompt notification of all department enforcement or
    13     emergency actions for such facilities, including, but not
    14     limited to, abatement orders, cessation orders, proposed and
    15     final civil penalty assessments, and notices of violation.
    16         (3)  Copies of all air and water quality monitoring data
    17     collected by the department at such facilities, within five
    18     working days after complete laboratory analysis of such data
    19     becomes available to the department.
    20     (b)  Operator information.--Every operator of a municipal
    21  waste landfill or resource recovery facility shall provide to
    22  the host municipality copies of all air and water quality
    23  monitoring data AS REQUIRED BY THE DEPARTMENT for the facility    <--
    24  conducted by or on behalf of the operator, within five days
    25  after such data becomes available to the operator.
    26     (c)  Public information.--All information provided to the
    27  host municipality UNDER THIS SECTION shall be made available to   <--
    28  the public for review upon request.
    29     (d)  Information to county.--If the host municipality owns or
    30  operates the municipal waste landfill or resource recovery
    19870S0528B1207                 - 62 -

     1  facility, or proposes to own or operate such landfill or
     2  facility, the information required by this section shall be
     3  provided to the county within which the landfill or facility is
     4  located or proposed to be located instead of the host
     5  municipality.
     6  Section 1102.  Joint inspections with host municipalities.
     7     (a)  Training of inspectors.--
     8         (1)  The department shall establish and conduct a
     9     training program to certify host municipality inspectors for
    10     municipal waste landfills and resource recovery facilities.
    11     This program will be available to no more than two persons
    12     who have been designated in writing by the host municipality.
    13     The department shall hold training programs at least twice a
    14     year. The department shall certify host municipality
    15     inspectors upon completion of the training program and
    16     satisfactory performance in an examination administered by
    17     the department.
    18         (2)  Certified municipal inspectors are authorized to
    19     enter property, inspect records, take samples and conduct
    20     inspections when they are accompanied by, and under the        <--
    21     supervision of, department inspectors. However, certified
    22     municipal inspectors may not issue orders during an            <--
    23     inspection.
    24         (3)  The department is authorized to pay for the host
    25     inspection training program and to pay 50% of the approved
    26     cost of employing a certified host municipality inspector for
    27     a period not to exceed five years. All moneys paid under this  <--
    28     paragraph shall be from funds appropriated for this purpose
    29     by the General Assembly.
    30     (b)  Departmental information.--
    19870S0528B1207                 - 63 -

     1         (1)  Whenever any host municipality presents information
     2     to the department which gives the department reason to
     3     believe that any municipal waste landfill or resource
     4     recovery facility is in violation of any requirement of the
     5     act of June 22, 1937 (P.L.1987, No.394), known as The Clean
     6     Streams Law, the act of May 31, 1945 (P.L.1198, No.418),       <--
     7     known as the Surface Mining Conservation and Reclamation Act,
     8     the act of January 8, 1960 (1959 P.L.2119, No.787), known as
     9     the Air Pollution Control Act, the act of November 26, 1978
    10     (P.L.1375, No.325), known as the Dam Safety and Encroachments
    11     Act, AND the Solid Waste Management Act, and the act of        <--
    12     December 19, 1984 (P.L.1093, No.219), known as the Noncoal
    13     Surface Mining Conservation and Reclamation Act, any
    14     regulation promulgated pursuant thereto, or the condition of
    15     any permit issued pursuant thereto, the department will
    16     promptly conduct an inspection of such facility.
    17         (2)  The department will notify the host municipality of
    18     this inspection and will allow a certified municipal
    19     inspector from the host municipality to accompany the
    20     inspector during the inspection.
    21         (3)  If there is not sufficient information to give the
    22     department reasons to believe that there is a violation, the
    23     department will provide a written explanation to the host
    24     municipality of its decision not to conduct an inspection
    25     within 30 days of the request for inspection.
    26         (4)  Upon written request of a host municipality to the
    27     department, the department will allow a certified inspector
    28     of such municipality to accompany department inspectors on
    29     routine inspections of municipal waste landfills and resource
    30     recovery facilities.
    19870S0528B1207                 - 64 -

     1     (c)  County involvement.--If the host municipality owns or
     2  operates the municipal waste landfill or resource recovery
     3  facility, the training and inspection requirements of this
     4  section shall be available to the county within which the
     5  landfill or facility is located instead of the host
     6  municipality.
     7  Section 1103.  Water supply testing for contiguous landowners.
     8     (a)  Required water sampling.--Upon written request from
     9  persons owning land contiguous to a municipal waste landfill,
    10  the operator of such landfill shall have quarterly sampling and
    11  analysis conducted of private water supplies used by such
    12  persons for drinking water. Such sampling and analysis shall be
    13  conducted by a laboratory certified pursuant to the act of May
    14  1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
    15  Drinking Water Act. The laboratory shall be chosen by the
    16  landowners from a list of regional laboratories supplied by the
    17  department. Sampling and analysis shall be at the expense of the
    18  landfill operator. UPON REQUEST THE LANDFILL OPERATOR SHALL       <--
    19  PROVIDE COPIES OF THE ANALYSES TO PERSONS OPERATING RESOURCE
    20  RECOVERY FACILITIES THAT DISPOSE OF THE RESIDUE FROM THE
    21  FACILITIES AT THE LANDFILL.
    22     (b)  Extent of analysis.--Water supplies shall be analyzed
    23  for all parameters or chemical constituents determined by the
    24  department to be indicative of typical contamination from
    25  municipal waste landfills. The laboratory performing such
    26  sampling and analysis shall provide written copies of sample
    27  results to the landowner and to the department.
    28     (c)  Additional sampling required.--If the analysis indicates
    29  possible contamination from a municipal waste landfill, the
    30  department may conduct, or require the landfill operator to have
    19870S0528B1207                 - 65 -

     1  the laboratory conduct, additional sampling and analysis to
     2  determine more precisely the nature, extent and source of
     3  contamination.
     4     (d)  Written notice of rights.--On or before 60 days from the
     5  effective date of this act for permits issued under the Solid
     6  Waste Management Act prior to the effective date of this act,
     7  and at or before the time of permit issuance for permits issued
     8  under the Solid Waste Management Act after the effective date of
     9  this act, the operator of each municipal waste landfill shall
    10  provide contiguous landowners with written notice of their
    11  rights under this section on a form prepared by the department.
    12  Section 1104.  Water supply protection.
    13     (a)  Alternative water supply requirement.--Any person owning
    14  or operating a municipal waste management facility that affects
    15  a public or private water supply by pollution, contamination or
    16  diminution shall restore or replace the affected supply with an
    17  alternate source of water adequate in quantity or quality for
    18  the purposes served by the water supply. If any person shall
    19  fail to comply with this requirement, the department may issue
    20  such orders to the person as are necessary to assure compliance.
    21     (b)  Notification to department.--Any landowner or water
    22  purveyor suffering pollution, contamination or diminution of a
    23  public or private water supply as a result of solid waste
    24  disposal activities at a municipal waste management facility may
    25  so notify the department and request that an investigation be
    26  conducted. Within ten days of such notification, the department
    27  shall begin investigation of any such claims and shall, within
    28  120 days of the notification, make a determination. If the
    29  department finds that the pollution or diminution was caused by
    30  the operation of a municipal waste management facility or if it
    19870S0528B1207                 - 66 -

     1  presumes the owner or operator of a municipal waste facility
     2  responsible for pollution, contamination or diminution pursuant
     3  to subsection (c), then it shall issue such orders to the owner
     4  or operator as are necessary to insure compliance with
     5  subsection (a).
     6     (c)  Rebuttable presumption.--Unless rebutted by one of the
     7  four defenses established in subsection (d), it shall be
     8  presumed that the owner or operator of a municipal waste
     9  landfill is responsible for the pollution, contamination or
    10  diminution of a public or private water supply that is within
    11  one-quarter mile of the perimeter of the area where solid waste
    12  disposal activities have been carried out.
    13     (d)  Defenses.--In order to rebut the presumption of
    14  liability established in subsection (c), the owner or operator
    15  must affirmatively prove by clear and convincing evidence one of
    16  the following four defenses:
    17         (1)  The pollution, contamination or diminution existed
    18     prior to any municipal waste landfill operations on the site
    19     as determined by a preoperation survey.
    20         (2)  The landowner or water purveyor refused to allow the
    21     owner or operator access to conduct a preoperation survey.
    22         (3)  The water supply is not within one-quarter mile of
    23     the perimeter of the area where solid waste disposal
    24     activities have been carried out.
    25         (4)  The OWNER OR OPERATOR DID NOT CAUSE THE pollution,    <--
    26     contamination or diminution. occurred as a result of some      <--
    27     cause other than solid waste disposal activities.
    28     (e)  Independent testing.--Any owner or operator electing to
    29  preserve its defenses under subsection (d)(1) or (2) shall
    30  retain the services of an independent certified laboratory to
    19870S0528B1207                 - 67 -

     1  conduct the preoperation survey of water supplies. A copy of the
     2  results of any survey shall be submitted to the department and
     3  the landowner or water purveyor in a manner prescribed by the
     4  department.
     5     (f)  Other remedies preserved.--Nothing in this act shall
     6  prevent any landowner or water purveyor who claims pollution,
     7  contamination or diminution of a public or private water supply
     8  from seeking any other remedy that may be provided at law or in
     9  equity.
    10  Section 1105.  Purchase of cogenerated electricity.
    11     (a)  Request to public utility.--The owner or operator of a
    12  resource recovery facility may request that any public utility
    13  enter into a contract providing for the interconnection of the
    14  facility with the public utility and the purchase of electric
    15  energy, or electric energy and capacity, produced and offered
    16  for sale by the facility. The terms of any such contract shall
    17  be in accordance with the Federal Public Utility Regulatory
    18  Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117) and any
    19  subsequent amendments, and any applicable Federal regulations
    20  promulgated pursuant thereto, and the regulations of the
    21  commission.
    22     (b)  Limited Public Utility Commission review.--A contract
    23  entered into between a resource recovery facility and a public
    24  utility in accordance with subsection (a), shall provide for BE   <--
    25  SUBJECT TO a one-time review and approval by the commission at
    26  the time the contract is entered into, notwithstanding the
    27  provisions of 66 Pa.C.S. § 508 (relating to power of the
    28  commission to vary, reform and revise contracts).
    29  Section 1106.  Public Utility Commission.
    30     (a)  Application.--If the owner or operator of a resource
    19870S0528B1207                 - 68 -

     1  recovery facility and a public utility fail to agree upon the
     2  terms and conditions of a contract for the purchase of electric
     3  energy, or electric energy and capacity, within 90 days of the
     4  request by the facility to negotiate such a contract, or if the
     5  public utility fails to offer a contract, either the owner or
     6  operator of the facility or the public utility may request the
     7  commission to establish the terms and conditions of such a
     8  contract. Such request may be for an informal consultation, a
     9  petition for declaratory order or a formal complaint, as
    10  appropriate under the circumstances.
    11     (b)  Commission response.--The commission shall respond to
    12  any such request, unless time limits are waived by the owner or
    13  operator and utility, as follows:
    14         (1)  If the request is for an informal consultation, such
    15     consultation shall be held within 30 days, and commission
    16     staff shall make its recommendation to the parties within 30
    17     days after the last consultation or submittal of last
    18     requested data, whichever is later. Such recommendation may
    19     be oral or written, but shall not be binding on the parties
    20     or commission.
    21         (2)  If the request is in the form of petition for
    22     declaratory order, the petitioner shall comply with the
    23     requirements of 52 Pa. Code § 5.41 et seq. (relating to
    24     petitions) and 52 Pa. Code § 57.39 (relating to informal
    25     consultation and commission proceedings). Within 30 days
    26     after filing such petition, the commission or its staff
    27     assigned to the matter may request that the parties file
    28     legal memoranda addressing any issues raised therein. Within
    29     60 days after filing of such petition or legal memoranda,
    30     whichever is later, the commission shall act to grant or deny
    19870S0528B1207                 - 69 -

     1     such petition.
     2         (3)  If the request is in the form of a formal complaint,
     3     the case shall proceed in accordance with 66 Pa.C.S. § 101 et
     4     seq. (relating to public utilities). However, the complaint
     5     may be withdrawn at any time, and the matter may proceed as
     6     set forth in paragraph (1) or (2).
     7     (c)  Status as public utility.--A resource recovery facility
     8  shall not be deemed a public utility, as such is defined in 66
     9  Pa.C.S. § 101 et seq., if such facility produces thermal energy
    10  for sale to a public utility and/or ten or less retail
    11  customers, all of whom agree to purchase from such facility
    12  under mutually agreed upon terms, or if such facility produces
    13  thermal energy for sale to any number of retail customers, all
    14  of which are located on the same site or site contiguous to that
    15  of the selling facility.
    16     (d)  Effect of section.--The provisions of this section shall
    17  take effect notwithstanding the adoption or failure to adopt any
    18  regulations by the Public Utility Commission regarding the
    19  purchase of electric energy from qualifying facilities, as such
    20  term is defined in section 210 of the Federal Public Utility
    21  Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat.
    22  3117) regulations and commission regulations.
    23  Section 1107.  Claims resulting from pollution occurrences.
    24     (a)   Financial responsibility.--
    25         (1)  Any permit application by a person other than a
    26     municipality or municipal authority under the Solid Waste
    27     Management Act for a municipal waste landfill or resource
    28     recovery facility that is provided for in an approved          <--
    29     municipal waste management plan shall certify that the
    30     applicant has in force, or will, prior to the initiation of
    19870S0528B1207                 - 70 -

     1     operations under the permit, have in force, financial
     2     assurances for satisfying claims of bodily injury and
     3     property damage resulting from pollution occurrences arising
     4     from the operation of the landfill or facility. Such
     5     financial assurances shall be in place until the effective
     6     date of closure certification under the Solid Waste
     7     Management Act and the regulations promulgated pursuant
     8     thereto, unless the department determines that the landfill
     9     or facility may continue to present a significant risk to the
    10     public health, safety and welfare or the environment.
    11         (2)  The form and amount of such financial assurances
    12     shall be specified by the department. The required financial
    13     assurances may include, but are not limited to, the
    14     following:
    15             (i)  A commercial pollution liability insurance
    16         policy.
    17             (ii)  A secured standby trust to become self-insured
    18         that satisfies a financial test established by
    19         regulation.
    20             (iii)  A trust fund financed by the person and
    21         administered by an independent trustee approved by the
    22         department.
    23     (b)  Municipal financial responsibility.--
    24         (1)  Any permit application by a municipality or
    25     municipal authority under the Solid Waste Management Act for
    26     a municipal waste landfill or resource recovery facility that  <--
    27     is provided for in an approved municipal waste management
    28     plan shall certify that the applicant has in force, or will,
    29     prior to the initiation of operations under the permit, have
    30     in force, financial assurances for satisfying claims of
    19870S0528B1207                 - 71 -

     1     bodily injury and property damage resulting from pollution
     2     occurrences arising from the operation of the landfill or
     3     facility, to the extent that such claims are allowed by 42
     4     Pa.C.S. Ch. 85 Subch. C (relating to actions against local
     5     parties). Such financial assurances shall be in place until
     6     the effective date of closure certification under the Solid
     7     Waste Management Act and the regulations promulgated pursuant
     8     thereto, unless the department determines that the landfill
     9     or facility may continue to present a significant risk to the
    10     public health, safety and welfare or the environment.
    11         (2)  The form and amount of such financial assurances
    12     shall be specified by the department. The required financial
    13     assurances may include, but are not limited to, the
    14     following:
    15             (i)  A commercial pollution liability insurance
    16         policy.
    17             (ii)  A trust fund financed by the municipality and
    18         administered by an independent trustee approved by the
    19         department.
    20             (iii)  An insurance pool or self-insurance program
    21         authorized by 42 Pa.C.S. § 8564 (relating to liability
    22         insurance and self-insurance).
    23         (3)  In no case shall the department establish minimum
    24     financial assurance amounts for a municipality that are
    25     greater than the damage limitations established in 42 Pa.C.S.
    26     Ch. 85 Subch. C.
    27     (c)  Indemnification.--Any person other than a municipality    <--
    28  or municipal authority that holds a permit under the Solid Waste
    29  Management Act for a municipal waste landfill or resource
    30  recovery facility that is part of an approved municipal waste
    19870S0528B1207                 - 72 -

     1  management plan shall indemnify and hold harmless all counties
     2  within the planning area where the facility is located, all
     3  municipalities within the planning area and the host
     4  municipality, for claims of bodily injury and property damage
     5  against the counties and municipalities resulting from pollution
     6  occurrences arising from the operation of the facility. A host
     7  municipality may not be held liable for bodily injury and
     8  property damage resulting from pollution occurrences arising
     9  from the operation of a municipal waste landfill or resource
    10  recovery facility if such host municipality does not own,
    11  operate or control the ownership or operation of the landfill or
    12  facility.
    13     (C)  LIABILITY LIMITED.--A HOST MUNICIPALITY OR COUNTY OR      <--
    14  MUNICIPALITY WITHIN THE PLANNING AREA MAY NOT BE HELD LIABLE FOR
    15  BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM POLLUTION
    16  OCCURRENCES SOLELY BY REASONS OF PARTICIPATION IN THE
    17  PREPARATION OR ADOPTION OF A COUNTY OR MUNICIPAL SOLID WASTE
    18  PLAN. NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT ANY HOST
    19  MUNICIPALITY, COUNTY OR MUNICIPALITY WITHIN THE PLANNING AREA
    20  FROM OBTAINING OR GIVING SUCH INDEMNITIES AS MAY BE APPROPRIATE
    21  IN CONNECTION WITH THE OWNERSHIP, OPERATION OR CONTROL OF A
    22  MUNICIPAL SOLID WASTE FACILITY.
    23     (d)  Effect on tort claims.--Nothing in this act shall be
    24  construed or understood as in any way modifying or affecting the
    25  provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C.
    26  Section 1108.  Site-specific postclosure fund.
    27     (a)  Establishment by county.--Each county shall establish an
    28  interest-bearing trust with an accredited financial institution
    29  for every municipal waste landfill that is operating within its
    30  boundaries. This trust shall be established within 60 days of
    19870S0528B1207                 - 73 -

     1  the effective date of this act for landfills permitted by the
     2  department prior to the effective date of this act. The trust
     3  shall be established prior to the operation of any landfill
     4  permitted by the department after the effective date of this
     5  act.
     6     (b)  Purpose.--The trust created for any landfill by this
     7  section may be used only for remedial measures and emergency
     8  actions that are necessary to prevent or abate adverse effects
     9  upon the environment after the department has certified closure   <--
    10  of the landfill. However, the county may withdraw actual costs
    11  incurred in establishing and administering the fund in an amount
    12  not to exceed 0.5% of the moneys deposited in the fund.
    13     (c)  Amount.--Each operator of a municipal waste landfill
    14  shall pay into the trust on a quarterly basis an amount equal to
    15  25¢ per ton of weighed waste or 25¢ per three cubic yards of
    16  volume measured waste for all solid waste received at the
    17  landfill.
    18     (d)  Trustee.--The trustee shall manage the trust in
    19  accordance with all applicable laws and regulations, except that
    20  moneys in the trust shall be invested in a manner that will
    21  allow withdrawals as provided in subsection (f). The trustee
    22  shall be a person whose trust activities are examined and
    23  regulated by a State or Federal agency. The trustee may resign
    24  only after giving 120 days' notice to the department and after
    25  the appointment of a new trustee. The trustee shall have an
    26  office located within the county where the landfill is located.
    27     (e)  Trust agreement.--The provisions of the trust agreement
    28  shall be consistent with the requirements of this section and
    29  shall be provided by the operator of the landfill on a form
    30  prepared and approved by the department. The trust agreement
    19870S0528B1207                 - 74 -

     1  shall be accompanied by a formal certification of
     2  acknowledgment.
     3     (f)  Withdrawal of funds.--The trustee may release moneys
     4  from the trust only upon written request of the operator of a
     5  landfill AND UPON PRIOR WRITTEN APPROVAL BY THE DEPARTMENT. Such  <--
     6  request shall include the proposed amount and purpose of the
     7  withdrawal and a copy of the department's written approval of
     8  the expenditure. A copy of the request shall be provided to the
     9  county and the host municipality. A copy of any withdrawal
    10  document prepared by the trustee shall be provided to the
    11  department, the county and the host municipality. No withdrawal
    12  from this trust may be made until after the department has
    13  certified closure of the landfill.
    14     (g)  Abandonment of trust.--If the department certifies to
    15  the trustee that the operator of a landfill has abandoned the
    16  operation of the landfill or has failed or refused to comply
    17  with the requirements of the Solid Waste Management Act, or the   <--
    18  regulations promulgated pursuant thereto OR THE TERMS OR          <--
    19  CONDITIONS OF ITS PERMIT, in any respect, the trustee shall
    20  forthwith pay the full amount of the trust to the department.
    21  The department may not make such certification unless it has
    22  given 30 days' written notice to the operator, the county, and
    23  the trustee of the department's intent to do so.
    24     (h)  Use of abandoned trust.--The department shall expend all
    25  moneys collected pursuant to subsection (g) for the purposes set
    26  forth in subsection (b). The department may expend money
    27  collected from a trust for a landfill only for that landfill.
    28     (i)  Surplus.--Any moneys remaining in a trust subsequent to
    29  final closure of a landfill under the Solid Waste Management Act
    30  and the regulations promulgated pursuant thereto shall, upon
    19870S0528B1207                 - 75 -

     1  certification of final closure RELEASE OF THE BOND by the         <--
     2  department, be divided equally between the county and the host
     3  municipality.
     4     (j)  Duty under law.--Nothing in this section shall be
     5  understood or construed to in any way relieve the operator of a
     6  municipal waste landfill of any duty or obligation imposed by
     7  this act, the Solid Waste Management Act any other act
     8  administered by the department, the regulations promulgated
     9  pursuant thereto or the terms or conditions of any permit.
    10     (k)  Other remedies.--The remedies provided to the department
    11  in this section are in addition to any other remedies provided
    12  at law or in equity.
    13     (l)  County not liable.--Nothing in this section shall be
    14  understood or construed as imposing any additional
    15  responsibility or liability upon the county for compliance of a
    16  municipal waste landfill or resource recovery facility with the
    17  requirements of this act, the Solid Waste Management Act and the
    18  regulations promulgated pursuant thereto.
    19  Section 1109.  Trust fund for municipally operated landfills.
    20     (a)  Establishment of trust.--Except as provided in
    21  subsection (b), each municipality or municipal authority
    22  operating a landfill solely for municipal waste not classified
    23  hazardous shall establish an interest-bearing trust with an
    24  accredited financial institution. This trust shall be
    25  established within 60 days of the effective date of this act for
    26  landfills permitted by the department prior to the effective
    27  date of this act. The trust shall be established prior to the
    28  operation of any landfill permitted by the department after the
    29  effective date of this act.
    30     (b)  Exemption.--Any municipality or municipal authority that
    19870S0528B1207                 - 76 -

     1  has posted a bond that is consistent with the provisions of the
     2  Solid Waste Management Act and the regulations promulgated
     3  pursuant thereto shall not be required to establish the trust
     4  set forth in this section.
     5     (c)  Purpose.--The trust created for any landfill by this
     6  section may be used only for completing final closure of the
     7  landfill according to the permit granted by the department under
     8  the Solid Waste Management Act and taking such measures as are
     9  necessary to prevent adverse effects upon the environment. Such
    10  measures include but are not limited to satisfactory monitoring,
    11  postclosure care and remedial measures.
    12     (d)  Amount.--Each municipality or municipal authority
    13  operating a landfill solely for municipal waste not classified
    14  hazardous shall pay into the trust on a quarterly basis an
    15  amount determined by the department for each ton or cubic yard
    16  of solid waste disposed at the landfill. This amount shall be
    17  based on the estimated cost of completing final closure of the
    18  landfill and the weight or volume of waste to be disposed at the
    19  landfill prior to closure.
    20     (e)  Trustee.--The trustee shall manage the trust in
    21  accordance with all applicable laws and regulations, except that
    22  moneys in the trust shall be invested in a manner that will
    23  allow withdrawals as provided in subsection (g). The trustee
    24  shall be a person whose trust activities are examined and
    25  regulated by a State or Federal agency. The trustee may resign
    26  only after giving 120 days' notice to the department and after
    27  the appointment of a new trustee.
    28     (f)  Trust agreement.--The provisions of the trust agreement
    29  shall be consistent with the requirements of this section and
    30  shall be provided by the municipality or municipal authority on
    19870S0528B1207                 - 77 -

     1  a form prepared and approved by the department. The trust
     2  agreement shall be accompanied by a formal certification of
     3  acknowledgment.
     4     (g)  Withdrawal of funds.--The trustee may release moneys
     5  from the trust only upon written request of the municipality or
     6  municipal authority AND UPON PRIOR WRITTEN APPROVAL BY THE        <--
     7  DEPARTMENT. Such request shall include the proposed amount and
     8  purpose of the withdrawal and a copy of the department's written
     9  approval of the expenditure. A copy of the request shall be
    10  provided to the host municipality. A copy of any withdrawal
    11  document prepared by the trustee shall be provided to the
    12  department and to the host municipality. No withdrawal from this
    13  trust may be made until after closure of the landfill.
    14     (h)  Abandonment of trust.--If the department certifies to
    15  the trustee that the municipality or municipal authority has
    16  abandoned the operation of the landfill or has failed or refused
    17  to comply with the requirements of the Solid Waste Management
    18  Act or the regulations promulgated pursuant thereto in any
    19  respect, the trustee shall forthwith pay the full amount of the
    20  trust to the department. The department may not make such
    21  certification unless it has given 30 days' written notice to the
    22  municipality or municipal authority and the trustee of the
    23  department's intent to do so.
    24     (i)  Use of abandoned trust.--The department shall expend all
    25  moneys collected pursuant to subsection (h) for the purposes set
    26  forth in subsection (c). The department may expend money
    27  collected from a trust for a landfill only for that landfill.
    28     (j)  Surplus.--Except for trusts that have been abandoned as
    29  provided in subsection (h), any moneys remaining in a trust
    30  subsequent to final closure of a landfill under the Solid Waste
    19870S0528B1207                 - 78 -

     1  Management Act and the regulations promulgated pursuant thereto
     2  shall, upon certification of final closure by the department, be
     3  returned to the municipality or municipal authority.
     4     (k)  Duty under law.--Nothing in this section shall be
     5  understood or construed to in any way relieve the municipality
     6  or municipal authority of any duty or obligation imposed by this
     7  act, the Solid Waste Management Act, any other act administered
     8  by the department, the regulations promulgated pursuant thereto,
     9  or the terms or conditions of any permit.
    10     (l)  Other remedies.--The remedies provided to the department
    11  in this section are in addition to any other remedies provided
    12  at law or in equity.
    13  SECTION 1110.  INDEPENDENT EVALUATION OF PERMIT APPLICATIONS.     <--
    14     THE DEPARTMENT MAY REIMBURSE HOST MUNICIPALITIES FOR COSTS
    15  INCURRED FOR PROFESSIONAL TECHNICAL REVIEW OF A PERMIT
    16  APPLICATION UNDER THE ACT OF JULY 7, 1980 (P.L.380, NO.97),
    17  KNOWN AS THE SOLID WASTE MANAGEMENT ACT, FOR A NEW MUNICIPAL
    18  WASTE LANDFILL OR RESOURCE RECOVERY FACILITY OR THAT WOULD
    19  RESULT IN ADDITIONAL CAPACITY FOR A MUNICIPAL WASTE LANDFILL OR
    20  RESOURCE RECOVERY FACILITY. REIMBURSEMENT SHALL NOT EXCEED
    21  $10,000 PER COMPLETE APPLICATION.
    22  SECTION 1111.  PROTECTION OF CAPACITY.
    23     (A)  NEW PERMITS.--A PERMIT ISSUED BY THE DEPARTMENT UNDER
    24  THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID
    25  WASTE MANAGEMENT ACT, FOR A NEW MUNICIPAL WASTE LANDFILL OR
    26  RESOURCE RECOVERY FACILITY OR THAT RESULTS IN ADDITIONAL
    27  CAPACITY FOR A MUNICIPAL WASTE LANDFILL OR RESOURCE RECOVERY
    28  FACILITY SHALL INCLUDE A PERMIT CONDITION SETTING FORTH THE
    29  WEIGHT OR VOLUME OF MUNICIPAL WASTE GENERATED WITHIN THE HOST
    30  COUNTY THAT THE OPERATOR SHALL ALLOW TO BE DELIVERED FOR
    19870S0528B1207                 - 79 -

     1  DISPOSAL OR PROCESSING AT THE FACILITY FOR A SPECIFIED PERIOD.
     2     (B)  EXISTING PERMITS.--WITHIN SIX MONTHS AFTER THE EFFECTIVE
     3  DATE OF THIS ACT, THE DEPARTMENT SHALL MODIFY EACH MUNICIPAL
     4  WASTE LANDFILL AND RESOURCE RECOVERY FACILITY PERMIT ISSUED
     5  UNDER THE SOLID WASTE MANAGEMENT ACT BEFORE THE EFFECTIVE DATE
     6  OF THIS ACT. THE PERMIT MODIFICATION SHALL CONSIST OF A PERMIT
     7  CONDITION SETTING FORTH THE WEIGHT OR VOLUME OF MUNICIPAL WASTE
     8  GENERATED WITHIN THE HOST COUNTY THAT THE OPERATOR SHALL ALLOW
     9  TO BE DELIVERED TO THE FACILITY FOR DISPOSAL OR PROCESSING AT
    10  THE FACILITY FOR A SPECIFIED PERIOD.
    11     (C)  DEPARTMENT.--THE DEPARTMENT MAY TAKE ANY ACTION
    12  AUTHORIZED BY STATUTE THAT THE DEPARTMENT DEEMS NECESSARY TO
    13  ENSURE THAT OPERATORS OF MUNICIPAL WASTE LANDFILLS AND RESOURCE
    14  RECOVERY FACILITIES GIVE PRIORITY TO THE DISPOSAL OR PROCESSING
    15  OF MUNICIPAL WASTE GENERATED WITHIN THE HOST COUNTY.
    16                             CHAPTER 13
    17                   HOST MUNICIPALITY BENEFIT FEE
    18  Section 1301.  Host municipality benefit fee.
    19     (a)  Imposition.--There is imposed a host municipality
    20  benefit fee upon the operator of each municipal waste landfill
    21  or resource recovery facility that receives a new permit or
    22  permit that results in additional capacity from the department
    23  under the Solid Waste Management Act after the effective date of
    24  this act. The fee shall be paid to the host municipality. If the
    25  host municipality owns or operates the landfill or facility, the
    26  fee shall not be imposed for waste generated within such
    27  municipality. If the landfill or facility is located within more
    28  than one host municipality, the fee shall be apportioned among
    29  them according to the percentage of the permitted area located
    30  in each municipality.
    19870S0528B1207                 - 80 -

     1     (b)  Amount.--The fee is $1 per ton of weighed solid waste or
     2  $1 per three cubic yards of volume-measured solid waste for all
     3  solid waste received at a landfill or facility.
     4     (c)  Municipal options.--Nothing in this section or section
     5  1302 shall prevent a host municipality from receiving a higher
     6  fee or receiving the fee in a different form or at different
     7  times than provided in this section and section 1302, if the
     8  host municipality and the operator of the municipal waste
     9  landfill or resource recovery facility agree in writing.
    10  Section 1302.  Form and timing of host municipality benefit fee
    11                 payment.
    12     (a)  Quarterly payment.--Each operator subject to section
    13  1301 shall make the host municipality benefit fee payment
    14  quarterly. The fee shall be paid on or before the twentieth day
    15  of April, July, October and January for the three months ending
    16  the last day of March, June, September and December.
    17     (b)  Quarterly reports.--Each host municipality benefit fee
    18  payment shall be accompanied by a form prepared and furnished by
    19  the department and completed by the operator. The form shall
    20  state the weight or volume of solid waste received by the
    21  landfill or facility during the payment period and provide any
    22  other information deemed necessary by the department to carry
    23  out the purposes of the act. The form shall be signed by the
    24  operator. A copy of the form shall be sent to the department at
    25  the same time that the fee and form are sent to the host
    26  municipality.
    27     (c)  Timeliness of payment.--An operator shall be deemed to
    28  have made a timely payment of the host municipality benefit fee
    29  if all of the following are met:
    30         (1)  The enclosed payment is for the full amount owed
    19870S0528B1207                 - 81 -

     1     pursuant to this section, and no further host municipality
     2     action is required for collection.
     3         (2)  The payment is accompanied by the required form, and
     4     such form is complete and accurate.
     5         (3)  The letter transmitting the payment that is received
     6     by the host municipality is postmarked by the United States
     7     Postal Service on or prior to the final day on which the
     8     payment is to be received.
     9     (d)  Discount.--Any operator that makes a timely payment of
    10  the host municipality benefit fee as provided in this section
    11  shall be entitled to credit and apply against the fee payable by
    12  him a discount of 1% of the amount of the fee collected by him.
    13     (e)  Alternative proof.--For purposes of this section,
    14  presentation of a receipt indicating that the payment was mailed
    15  by registered or certified mail on or before the due date shall
    16  be evidence of timely payment.
    17  Section 1303.  Collection and enforcement of fee.
    18     (a)  Interest.--If an operator fails to make a timely payment
    19  of the host municipality benefit fee, the operator shall pay
    20  interest on the unpaid amount due at the rate established
    21  pursuant section 806 of the act of April 9, 1929 (P.L.343,
    22  No.176), known as The Fiscal Code, from the last day for timely
    23  payment to the date paid.
    24     (b)  Additional penalty.--In addition to the interest
    25  provided in subsection (a), if an operator fails to make timely
    26  payment of the host municipality benefit fee, there shall be
    27  added to the amount of fee actually due 5% of the amount of such
    28  fee, if the failure to file a timely payment is for not more
    29  than one month, with an additional 5% for each additional month,
    30  or fraction thereof, during which such failure continues, not
    19870S0528B1207                 - 82 -

     1  exceeding 25% in the aggregate.
     2     (c)  Assessment notices.--If the host municipality determines
     3  that any operator of a municipal waste landfill or resource
     4  recovery facility has not made a timely payment of the host
     5  municipality benefit fee, it will send a written notice for the
     6  amount of the deficiency to such operator within 30 days from
     7  the date of determining such deficiency. When the operator has
     8  not provided a complete and accurate statement of the weight or
     9  volume of solid waste received at the landfill or facility for
    10  the payment period, the host municipality may estimate the
    11  weight or volume in its deficiency notice.
    12     (d)  Constructive trust.--All host municipality benefit fees
    13  collected by an operator and held by such operator prior to
    14  payment to the host municipality shall constitute a trust fund
    15  for the host municipality, and such trust shall be enforceable
    16  against such operator, its representatives and any person
    17  receiving any part of such fund without consideration or with
    18  knowledge that the operator is committing a breach of the trust.
    19  However, any person receiving payment of lawful obligation of
    20  the operator from such fund shall be presumed to have received
    21  the same in good faith and without any knowledge of the breach
    22  of trust.
    23     (e)  Manner of collection.--The amount due and owing under
    24  section 1301 shall be collectible by the host municipality in
    25  the manner provided in section 1509 1709.                         <--
    26     (f)  Remedies cumulative.--The remedies provided to host
    27  municipalities in this section are in addition to any other
    28  remedies provided at law or in equity.
    29  Section 1304.  Records.
    30     Each operator that is required to pay the Host Municipality
    19870S0528B1207                 - 83 -

     1  Benefit Fee shall keep daily records of all deliveries of solid
     2  waste to the landfill or facility, as required by the host
     3  municipality, including, but not limited to, the name and
     4  address of the hauler, the source of the waste, the kind of
     5  waste received and the weight or volume of the waste. Such
     6  records shall be maintained in Pennsylvania by the operator for
     7  no less than five years and shall be made available to the host
     8  municipality for inspection upon request.
     9  Section 1305.  Surcharge.
    10     The provisions of any law to the contrary notwithstanding,
    11  the operator of any municipal waste landfill or resource
    12  recovery facility subject to section 1301 may collect the host
    13  municipality benefit fee as a surcharge on any fee schedule
    14  established pursuant to law, ordinance, resolution or contract
    15  for solid waste disposal or processing operations at the
    16  landfill or facility. In addition, any person who collects or
    17  transports solid waste subject to the host municipality benefit
    18  fee to a municipal waste landfill or resource recovery facility
    19  subject to section 1301 may impose a surcharge on any fee
    20  schedule established pursuant to law, ordinance, resolution or
    21  contract for the collection or transportation of solid waste to
    22  the landfill or facility. The surcharge shall be equal to the
    23  increase in processing or disposal fees at the landfill or
    24  facility attributable to the host municipality benefit fee.
    25  However, interest and penalties on the fee under section 1303(a)
    26  and (b) may not be collected as a surcharge.
    27                             CHAPTER 15                             <--
    28                   RECYCLING AND WASTE REDUCTION
    29  SECTION 1501.  MUNICIPAL IMPLEMENTATION OF RECYCLING PROGRAMS.
    30     (A)  LARGE POPULATION.--WITHIN TWO YEARS AFTER THE EFFECTIVE
    19870S0528B1207                 - 84 -

     1  DATE OF THIS ACT, EACH MUNICIPALITY OTHER THAN A COUNTY THAT HAS
     2  A POPULATION OF 10,000 OR MORE PEOPLE SHALL ESTABLISH AND
     3  IMPLEMENT A SOURCE SEPARATION AND COLLECTION PROGRAM FOR
     4  RECYCLABLE MATERIALS IN ACCORDANCE WITH THIS SECTION. POPULATION
     5  SHALL BE DETERMINED BY THE MOST RECENT DECENNIAL CENSUS BY THE
     6  BUREAU OF THE CENSUS OF THE UNITED STATES DEPARTMENT OF
     7  COMMERCE.
     8     (B)  SMALL POPULATION.--WITHIN THREE YEARS AFTER THE
     9  EFFECTIVE DATE OF THIS ACT, EACH MUNICIPALITY OTHER THAN A
    10  COUNTY THAT HAS A POPULATION OF MORE THAN 5,000 PEOPLE BUT LESS
    11  THAN 10,000 PEOPLE, AND WHICH HAS A POPULATION DENSITY OF MORE
    12  THAN 300 PEOPLE PER SQUARE MILE, SHALL ESTABLISH AND IMPLEMENT A
    13  SOURCE SEPARATION AND COLLECTION PROGRAM FOR RECYCLABLE
    14  MATERIALS IN ACCORDANCE WITH THIS SECTION. POPULATION SHALL BE
    15  DETERMINED BASED ON THE MOST RECENT DECENNIAL CENSUS BY THE
    16  BUREAU OF THE CENSUS OF THE UNITED STATES DEPARTMENT OF
    17  COMMERCE.
    18     (C)  CONTENTS.--THE SOURCE SEPARATION AND COLLECTION PROGRAM
    19  SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING ELEMENTS:
    20         (1)  AN ORDINANCE OR REGULATION ADOPTED BY THE GOVERNING
    21     BODY OF THE COUNTY OR MUNICIPALITY, REQUIRING ALL OF THE
    22     FOLLOWING:
    23             (I)  PERSONS TO SEPARATE CLEAR GLASS, ALUMINUM AND
    24         OTHER MATERIAL DEEMED APPROPRIATE BY THE MUNICIPALITY
    25         FROM OTHER MUNICIPAL WASTE GENERATED AT THEIR HOMES,
    26         APARTMENTS AND OTHER RESIDENTIAL ESTABLISHMENTS AND TO
    27         STORE SUCH MATERIAL UNTIL COLLECTION.
    28             (II)  PERSONS TO SEPARATE LEAF WASTE FROM OTHER
    29         MUNICIPAL WASTE GENERATED AT THEIR HOMES, APARTMENTS AND
    30         OTHER RESIDENTIAL ESTABLISHMENTS UNTIL COLLECTION UNLESS
    19870S0528B1207                 - 85 -

     1         THOSE PERSONS HAVE OTHERWISE PROVIDED FOR THE COMPOSTING
     2         OF LEAF WASTE.
     3             (III)  PERSONS TO SEPARATE HIGH GRADE OFFICE PAPER,
     4         ALUMINUM, CORRUGATED PAPER AND LEAF WASTE AND OTHER
     5         MATERIAL DEEMED APPROPRIATE BY THE MUNICIPALITY GENERATED
     6         AT COMMERCIAL, MUNICIPAL OR INSTITUTIONAL ESTABLISHMENTS
     7         AND FROM COMMUNITY ACTIVITIES AND TO STORE THE MATERIAL
     8         UNTIL COLLECTION. THE GOVERNING BODY OF A MUNICIPALITY
     9         MAY EXEMPT PERSONS OCCUPYING COMMERCIAL, INSTITUTIONAL
    10         AND MUNICIPAL PREMISES WITHIN ITS MUNICIPAL BOUNDARIES
    11         FROM THE SOURCE-SEPARATION REQUIREMENTS OF THE ORDINANCE
    12         OR REGULATION IF THOSE PERSONS HAVE OTHERWISE PROVIDED
    13         FOR THE RECYCLING OF MATERIALS THEY ARE REQUIRED BY THIS
    14         SECTION TO RECYCLE. TO BE ELIGIBLE FOR AN EXEMPTION UNDER
    15         THIS SUBPARAGRAPH, A COMMERCIAL OR INSTITUTIONAL SOLID
    16         WASTE GENERATOR MUST ANNUALLY PROVIDE WRITTEN
    17         DOCUMENTATION TO THE MUNICIPALITY OF THE TOTAL NUMBER OF
    18         TONS RECYCLED.
    19         (2)  A SCHEDULED DAY, AT LEAST ONCE PER MONTH, DURING
    20     WHICH SEPARATED MATERIALS ARE TO BE PLACED AT THE CURBSIDE OR
    21     A SIMILAR LOCATION FOR COLLECTION.
    22         (3)  A SYSTEM, INCLUDING TRUCKS AND RELATED EQUIPMENT,
    23     THAT COLLECTS RECYCLABLE MATERIALS FROM THE CURBSIDE OR
    24     SIMILAR LOCATIONS AT LEAST ONCE PER MONTH FROM EACH RESIDENCE
    25     OR OTHER PERSON GENERATING MUNICIPAL WASTE IN THE COUNTY OR
    26     MUNICIPALITY.
    27         (4)  PROVISIONS TO ENSURE COMPLIANCE WITH THE ORDINANCE,
    28     INCLUDING INCENTIVES AND PENALTIES.
    29         (5)  PROVISIONS FOR THE RECYCLING OF COLLECTED MATERIALS.
    30     (D)  NOTICE.--EACH MUNICIPALITY SUBJECT TO THIS SECTION
    19870S0528B1207                 - 86 -

     1  SHALL, AT LEAST 30 DAYS PRIOR TO THE INITIATION OF THE RECYCLING
     2  PROGRAM AND AT LEAST ONCE EVERY SIX MONTHS THEREAFTER, NOTIFY
     3  ALL PERSONS OCCUPYING RESIDENTIAL, COMMERCIAL, INSTITUTIONAL AND
     4  MUNICIPAL PREMISES WITHIN ITS BOUNDARIES OF THE REQUIREMENTS OF
     5  THE ORDINANCE. THE GOVERNING BODY OF A MUNICIPALITY MAY, IN ITS
     6  DISCRETION AS IT DEEMS NECESSARY AND APPROPRIATE, PLACE AN
     7  ADVERTISEMENT IN A NEWSPAPER CIRCULATING IN THE MUNICIPALITY,
     8  POST A NOTICE IN PUBLIC PLACES WHERE PUBLIC NOTICES ARE
     9  CUSTOMARILY POSTED, INCLUDING A NOTICE WITH OTHER OFFICIAL
    10  NOTIFICATIONS PERIODICALLY MAILED TO RESIDENTIAL TAXPAYERS OR
    11  UTILIZE ANY COMBINATION OF THE FOREGOING.
    12     (E)  AGREEMENTS.--A MUNICIPALITY MAY ENTER INTO A WRITTEN
    13  AGREEMENT WITH OTHER PERSONS, INCLUDING PERSONS TRANSPORTING
    14  MUNICIPAL WASTE ON THE EFFECTIVE DATE OF THIS ACT, PURSUANT TO
    15  WHICH THE PERSONS UNDERTAKE TO FULFILL SOME OR ALL OF THE
    16  MUNICIPALITY'S RESPONSIBILITIES UNDER THIS SECTION. A PERSON WHO
    17  ENTERS AN AGREEMENT UNDER THIS SUBSECTION SHALL BE RESPONSIBLE
    18  WITH THE MUNICIPALITY FOR IMPLEMENTATION OF THIS SECTION.
    19     (F)  PREFERENCE.--IN IMPLEMENTING ITS RECYCLING PROGRAM, A
    20  MUNICIPALITY SHALL ACCORD CONSIDERATION FOR THE COLLECTION,
    21  MARKETING AND DISPOSITION OF RECYCLABLE MATERIALS TO PERSONS
    22  ENGAGED IN THE BUSINESS OF RECYCLING ON THE EFFECTIVE DATE OF
    23  THIS ACT, WHETHER OR NOT THE PERSONS WERE OPERATING FOR PROFIT.
    24  SECTION 1502.  FACILITIES OPERATION AND RECYCLING.
    25     (A)  LEAF WASTE.--TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
    26  ACT, NO MUNICIPAL WASTE LANDFILL MAY ACCEPT FOR DISPOSAL, AND NO
    27  RESOURCE RECOVERY FACILITY MAY ACCEPT FOR PROCESSING, OTHER THAN
    28  COMPOSTING, TRUCKLOADS COMPOSED PRIMARILY OF LEAF WASTE.
    29     (B)  DROP-OFF CENTERS.--
    30         (1)  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, NO
    19870S0528B1207                 - 87 -

     1     PERSON MAY OPERATE A MUNICIPAL WASTE LANDFILL, RESOURCE
     2     RECOVERY FACILITY OR TRANSFER STATION UNLESS THE OPERATOR HAS
     3     ESTABLISHED AT LEAST ONE DROP-OFF CENTER FOR THE COLLECTION
     4     AND SALE OF RECYCLABLE MATERIAL, INCLUDING, AT A MINIMUM,
     5     CLEAR GLASS, ALUMINUM, HIGH GRADE OFFICE PAPER AND CARDBOARD.
     6     THE CENTER MUST BE LOCATED AT THE FACILITY OR IN A PLACE THAT
     7     IS EASILY ACCESSIBLE TO PERSONS GENERATING MUNICIPAL WASTE
     8     THAT IS PROCESSED OR DISPOSED AT THE FACILITY. EACH DROP-OFF
     9     CENTER MUST CONTAIN BINS OR CONTAINERS WHERE RECYCLABLE
    10     MATERIALS MAY BE PLACED AND TEMPORARILY STORED. IF THE
    11     OPERATION OF THE DROP-OFF CENTER REQUIRES ATTENDANTS, THE
    12     CENTER SHALL BE OPEN AT LEAST EIGHT HOURS PER WEEK, INCLUDING
    13     FOUR HOURS DURING EVENINGS OR WEEKENDS.
    14         (2)  EACH OPERATOR SHALL, AT LEAST 30 DAYS PRIOR TO THE
    15     INITIATION OF THE DROP-OFF CENTER PROGRAM AND AT LEAST ONCE
    16     EVERY SIX MONTHS THEREAFTER, NOTIFY ALL PERSONS GENERATING
    17     MUNICIPAL WASTE THAT IS PROCESSED OR DISPOSED AT THE
    18     FACILITY. THE OPERATOR SHALL PLACE AN ADVERTISEMENT IN A
    19     NEWSPAPER CIRCULATING IN THE MUNICIPALITY OR PROVIDE NOTICE
    20     IN ANOTHER MANNER APPROVED BY THE DEPARTMENT.
    21  SECTION 1503.  COMMONWEALTH RECYCLING AND WASTE REDUCTION.
    22     (A)  RECYCLING.--WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF
    23  THIS ACT, EACH COMMONWEALTH AGENCY, IN COORDINATION WITH THE
    24  DEPARTMENT OF GENERAL SERVICES, SHALL ESTABLISH AND IMPLEMENT A
    25  SOURCE SEPARATION AND COLLECTION PROGRAM FOR RECYCLABLE
    26  MATERIALS PRODUCED AS A RESULT OF AGENCY OPERATIONS, INCLUDING,
    27  AT A MINIMUM, ALUMINUM, HIGH GRADE OFFICE PAPER AND CORRUGATED
    28  PAPER. THE SOURCE SEPARATION AND COLLECTION PROGRAM SHALL
    29  INCLUDE, AT A MINIMUM, PROCEDURES FOR COLLECTING AND STORING
    30  RECYCLABLE MATERIALS, BINS OR CONTAINERS FOR STORING MATERIALS,
    19870S0528B1207                 - 88 -

     1  AND CONTRACTUAL OR OTHER ARRANGEMENTS WITH BUYERS.
     2     (B)  WASTE REDUCTION.--WITHIN TWO YEARS AFTER THE EFFECTIVE
     3  DATE OF THIS ACT, EACH COMMONWEALTH AGENCY, IN COORDINATION WITH
     4  THE DEPARTMENT OF GENERAL SERVICES, SHALL ESTABLISH AND
     5  IMPLEMENT A WASTE REDUCTION PROGRAM FOR MATERIALS USED IN THE
     6  COURSE OF AGENCY OPERATIONS. THE PROGRAM SHALL BE DESIGNED AND
     7  IMPLEMENTED TO ACHIEVE THE MAXIMUM FEASIBLE REDUCTION OF WASTE
     8  GENERATED AS A RESULT OF AGENCY OPERATIONS.
     9     (C)  USE OF COMPOSTED MATERIALS.--ALL COMMONWEALTH AGENCIES
    10  RESPONSIBLE FOR THE MAINTENANCE OF PUBLIC LANDS IN THIS
    11  COMMONWEALTH SHALL, TO THE MAXIMUM EXTENT PRACTICABLE AND
    12  FEASIBLE, GIVE DUE CONSIDERATION AND PREFERENCE TO THE USE OF
    13  COMPOST MATERIALS IN ALL LAND MAINTENANCE ACTIVITIES WHICH ARE
    14  TO BE PAID WITH PUBLIC FUNDS.
    15  SECTION 1504.  PROCUREMENT BY DEPARTMENT OF GENERAL SERVICES.
    16     (A)  REVIEW OF POLICIES.--
    17         (1)  THE DEPARTMENT OF GENERAL SERVICES SHALL REVIEW AND
    18     REVISE ITS EXISTING PROCUREMENT PROCEDURES AND SPECIFICATIONS
    19     FOR THE PURCHASE OF PRODUCTS AND MATERIALS TO ELIMINATE
    20     PROCEDURES AND SPECIFICATIONS THAT EXPLICITLY DISCRIMINATE
    21     AGAINST PRODUCTS AND MATERIALS WITH RECYCLED CONTENT. THE
    22     DEPARTMENT OF GENERAL SERVICES SHALL REVIEW AND REVISE ITS
    23     PROCEDURES AND SPECIFICATIONS ON A CONTINUING BASIS TO
    24     ENCOURAGE THE USE OF PRODUCTS AND MATERIALS WITH RECYCLED
    25     CONTENT AND SHALL, IN DEVELOPING NEW PROCEDURES AND
    26     SPECIFICATION, ENCOURAGE THE USE OF PRODUCTS AND MATERIALS
    27     WITH RECYCLED CONTENT.
    28         (2)  THE DEPARTMENT OF GENERAL SERVICES SHALL REVIEW AND
    29     REVISE ITS PROCUREMENT PROCEDURES AND SPECIFICATIONS FOR THE
    30     PURCHASE OF PRODUCTS AND MATERIALS TO ENSURE, TO THE MAXIMUM
    19870S0528B1207                 - 89 -

     1     EXTENT ECONOMICALLY FEASIBLE, THAT THE DEPARTMENT OF GENERAL
     2     SERVICES PURCHASES PRODUCTS OR MATERIALS THAT MAY BE RECYCLED
     3     OR REUSED WHEN THESE PRODUCTS ARE DISCARDED. THE DEPARTMENT
     4     OF GENERAL SERVICES SHALL COMPLETE AN INITIAL REVIEW AND
     5     REVISION WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT.
     6     THE DEPARTMENT OF GENERAL SERVICES SHALL REVIEW AND REVISE
     7     ITS PROCEDURES AND SPECIFICATIONS ON A CONTINUING BASIS TO
     8     ENCOURAGE THE USE OF PRODUCTS AND MATERIALS THAT MAY BE
     9     RECYCLED OR REUSED AND SHALL, IN DEVELOPING NEW PROCEDURES
    10     AND SPECIFICATIONS, ENCOURAGE THE USE OF PRODUCTS AND
    11     MATERIALS THAT MAY BE RECYCLED OR REUSED.
    12     (B)  BIDDING.
    13         (1)  A PERSON WHO SUBMITS A BID TO THE DEPARTMENT OF
    14     GENERAL SERVICES FOR A CONTRACT THAT INCLUDES THE PURCHASE OF
    15     PRODUCTS OR MATERIALS SHALL CERTIFY, IN WRITING, EITHER THE
    16     PERCENTAGE BY WEIGHT OF RECYCLED CONTENT IN THE PRODUCT THAT
    17     IS THE SUBJECT OF THE BID OR SUCH OTHER MEASURE OF RECYCLED
    18     CONTENT AS MAY BE SET FORTH IN THE DEPARTMENT OF GENERAL
    19     SERVICES' INVITATION FOR BIDS. A PERSON MAY CERTIFY THAT THE
    20     PRODUCTS OR MATERIALS CONTAIN NO RECYCLED CONTENT.
    21         (2)  THE DEPARTMENT OF GENERAL SERVICES SHALL, IN ISSUING
    22     AN INVITATION FOR BIDS, REQUIRE THAT ALL BIDDERS WHO SEEK TO
    23     QUALIFY FOR THE PREFERENCE SET FORTH IN SUBSECTION (C)
    24     CERTIFY THAT THE PRODUCTS OR MATERIALS THAT ARE THE SUBJECT
    25     OF THE BID CONTAIN A MINIMUM PERCENTAGE OF RECYCLED CONTENT
    26     THAT IS SET FORTH IN THE INVITATION FOR BIDS.
    27     (C)  AWARD OF CONTRACTS.--UPON EVALUATION OF BIDS OPENED FOR
    28  EVERY PUBLIC CONTRACT BY THE DEPARTMENT OF GENERAL SERVICES THAT
    29  INCLUDES THE PURCHASE OF PRODUCTS OR MATERIALS, THE DEPARTMENT
    30  OF GENERAL SERVICES SHALL IDENTIFY THE LOWEST RESPONSIBLE BIDDER
    19870S0528B1207                 - 90 -

     1  AND ANY OTHER RESPONSIBLE BIDDERS WHOSE PRICES EXCEED THAT OF
     2  THE LOWEST RESPONSIBLE BIDDER BY 5% OR LESS WHO HAVE CERTIFIED
     3  THAT THE PRODUCTS OR MATERIALS CONTAIN AT LEAST THE MINIMUM
     4  PERCENTAGE OF RECYCLED CONTENT THAT IS SET FORTH IN THE
     5  DEPARTMENT OF GENERAL SERVICES' INVITATION FOR BIDS. IF NO
     6  BIDDERS OFFER PRODUCTS OR MATERIALS WITH THE MINIMUM PRESCRIBED
     7  RECYCLED CONTENT, THE DEPARTMENT OF GENERAL SERVICES SHALL AWARD
     8  THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. THIS SUBSECTION
     9  DOES NOT APPLY TO PRODUCTS AND MATERIALS USED IN HIGHWAY AND
    10  BRIDGE MAINTENANCE.
    11     (D)  RULEMAKING.--THE DEPARTMENT OF GENERAL SERVICES MAY
    12  ADOPT REGULATIONS AS IT DEEMS NECESSARY TO CARRY OUT THE
    13  PROVISIONS AND PURPOSES OF THIS SECTION.
    14     (E)  COOPERATION.--ALL COMMONWEALTH AGENCIES SHALL COOPERATE
    15  WITH THE DEPARTMENT OF GENERAL SERVICES IN CARRYING OUT THIS
    16  SECTION.
    17     (F)  ANNUAL REPORT.--THE DEPARTMENT OF GENERAL SERVICES SHALL
    18  SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY CONCERNING ITS
    19  IMPLEMENTATION OF THIS SECTION. THIS REPORT SHALL INCLUDE A
    20  DESCRIPTION OF WHAT ACTIONS THE DEPARTMENT OF GENERAL SERVICES
    21  HAS TAKEN IN THE PREVIOUS YEAR TO IMPLEMENT THIS SECTION. THIS
    22  REPORT SHALL BE SUBMITTED ON OR BEFORE THE ANNIVERSARY OF THE
    23  EFFECTIVE DATE OF THIS ACT.
    24     (G)  PARTIAL REPEAL.--SECTIONS 2403(B), (C) AND 2409(H) OF
    25  THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
    26  ADMINISTRATIVE CODE OF 1929, ARE REPEALED TO THE EXTENT THAT
    27  THEY ARE INCONSISTENT WITH SUBSECTION (C).
    28  SECTION 1505.  PROCUREMENT BY DEPARTMENT OF TRANSPORTATION.
    29     (A)  REVIEW OF POLICIES.--
    30         (1)  THE DEPARTMENT OF TRANSPORTATION SHALL REVIEW AND
    19870S0528B1207                 - 91 -

     1     REVISE ITS EXISTING PROCUREMENT PROCEDURES AND SPECIFICATIONS
     2     FOR THE PURCHASE OF PRODUCTS AND MATERIALS TO ELIMINATE
     3     PROCEDURES AND SPECIFICATIONS THAT EXPLICITLY DISCRIMINATE
     4     AGAINST PRODUCTS AND MATERIALS WITH RECYCLED CONTENT AND TO
     5     ENCOURAGE THE USE OF PRODUCTS AND MATERIALS WITH RECYCLED
     6     CONTENT. THE DEPARTMENT OF TRANSPORTATION SHALL COMPLETE AN
     7     INITIAL REVIEW AND REVISION WITHIN ONE YEAR OF THE EFFECTIVE
     8     DATE OF THIS ACT. THE DEPARTMENT OF TRANSPORTATION SHALL
     9     REVIEW AND REVISE ITS PROCEDURES AND SPECIFICATIONS ON A
    10     CONTINUING BASIS TO ENCOURAGE THE USE OF PRODUCTS AND
    11     MATERIALS WITH RECYCLED CONTENT AND SHALL, IN DEVELOPING NEW
    12     PROCEDURES AND SPECIFICATIONS, ENCOURAGE THE USE OF PRODUCTS
    13     AND MATERIALS WITH RECYCLED CONTENT.
    14         (2)  THE DEPARTMENT OF TRANSPORTATION SHALL REVIEW AND
    15     REVISE ITS PROCUREMENT PROCEDURES AND SPECIFICATIONS FOR THE
    16     PURCHASE OF PRODUCTS AND MATERIALS TO ENSURE, TO THE MAXIMUM
    17     EXTENT ECONOMICALLY FEASIBLE, THAT THE DEPARTMENT OF
    18     TRANSPORTATION PURCHASES PRODUCTS OR MATERIALS THAT MAY BE
    19     RECYCLED OR REUSED WHEN THESE PRODUCTS OR MATERIALS ARE
    20     DISCARDED. THE DEPARTMENT OF TRANSPORTATION SHALL COMPLETE AN
    21     INITIAL REVIEW AND REVISION WITHIN ONE YEAR OF THE EFFECTIVE
    22     DATE OF THIS ACT. THE DEPARTMENT OF TRANSPORTATION SHALL
    23     REVIEW AND REVISE ITS PROCEDURES AND SPECIFICATIONS ON A
    24     CONTINUING BASIS TO ENCOURAGE THE USE OF PRODUCTS AND
    25     MATERIALS THAT MAY BE RECYCLED OR REUSED AND SHALL, IN
    26     DEVELOPING NEW PROCEDURES AND SPECIFICATIONS, ENCOURAGE THE
    27     USE OF PRODUCTS AND MATERIALS THAT MAY BE RECYCLED OR REUSED.
    28     (B)  RULEMAKING.--THE DEPARTMENT OF TRANSPORTATION MAY ADOPT
    29  REGULATIONS AS IT DEEMS NECESSARY TO CARRY OUT THE PROVISIONS
    30  AND PURPOSES OF THIS SECTION.
    19870S0528B1207                 - 92 -

     1     (C)  COOPERATION.--ALL COMMONWEALTH AGENCIES SHALL COOPERATE
     2  WITH THE DEPARTMENT OF TRANSPORTATION IN CARRYING OUT THIS
     3  SECTION.
     4     (D)  TESTING.--A PERSON WHO BELIEVES THAT A PARTICULAR
     5  CONSTITUENT OF SOLID WASTE OR ANY PRODUCT OR MATERIAL WITH
     6  RECYCLED CONTENT MAY BE BENEFICIALLY USED IN LIEU OF ANOTHER
     7  PRODUCT OR MATERIAL IN THE COMMONWEALTH'S TRANSPORTATION SYSTEM
     8  MAY REQUEST THE DEPARTMENT OF TRANSPORTATION TO EVALUATE THAT
     9  CONSTITUENT, PRODUCT OR MATERIAL. THE DEPARTMENT OF
    10  TRANSPORTATION, IN CONSULTATION WITH THE DEPARTMENT, SHALL
    11  CONDUCT A PRELIMINARY REVIEW OF EACH PROPOSAL TO IDENTIFY WHICH
    12  PROPOSALS MERIT AN EVALUATION. IF THE DEPARTMENT OF
    13  TRANSPORTATION FINDS, AFTER AN EVALUATION, THAT THE CONSTITUENT,
    14  PRODUCT OR MATERIAL MAY BE BENEFICIALLY USED, IT SHALL AMEND ITS
    15  PROCEDURES AND SPECIFICATIONS TO ALLOW THE USE OF THE
    16  CONSTITUENT PRODUCT OR MATERIAL.
    17     (E)  GRANTS.--THE DEPARTMENT OF TRANSPORTATION MAY AWARD
    18  RESEARCH AND DEMONSTRATION GRANTS CONCERNING THE POTENTIAL
    19  BENEFICIAL USE OF A PARTICULAR CONSTITUENT OF SOLID WASTE, OR
    20  ANY PRODUCT OR MATERIAL WITH RECYCLED CONTENT, IN LIEU OF
    21  ANOTHER PRODUCT OR MATERIAL IN THE COMMONWEALTH'S TRANSPORTATION
    22  SYSTEM. THE APPLICATION SHALL BE MADE ON A FORM PREPARED AND
    23  FURNISHED BY THE DEPARTMENT OF TRANSPORTATION AND SHALL CONTAIN
    24  THE INFORMATION THE DEPARTMENT OF TRANSPORTATION DEEMS
    25  NECESSARY.
    26     (F)  ANNUAL REPORT.--THE DEPARTMENT OF TRANSPORTATION SHALL
    27  SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY CONCERNING ITS
    28  IMPLEMENTATION OF THIS SECTION. THIS REPORT SHALL INCLUDE A
    29  DESCRIPTION OF WHAT ACTIONS THE DEPARTMENT OF TRANSPORTATION HAS
    30  TAKEN IN THE PREVIOUS YEAR TO IMPLEMENT THIS SECTION. THIS
    19870S0528B1207                 - 93 -

     1  REPORT SHALL BE SUBMITTED ON OR BEFORE THE ANNIVERSARY OF THE
     2  EFFECTIVE DATE OF THIS ACT.
     3  SECTION 1506.  PROCUREMENT OPTIONS FOR LOCAL PUBLIC AGENCIES AND
     4                 CERTAIN COMMONWEALTH AGENCIES.
     5     (A)  GENERAL RULE.--THIS SECTION SETS FORTH PROCUREMENT
     6  OPTIONS FOR LOCAL PUBLIC AGENCIES. THESE PROCUREMENT OPTIONS ARE
     7  ALSO AVAILABLE TO COMMONWEALTH AGENCIES FOR WHICH MATERIALS ARE
     8  NOT PURCHASED BY THE DEPARTMENT OF GENERAL SERVICES OR THE
     9  DEPARTMENT OF TRANSPORTATION. NOTHING IN THIS ACT SHALL BE
    10  CONSTRUED TO REQUIRE THE AGENCIES TO EXERCISE THE OPTIONS SET
    11  FORTH IN THIS SECTION.
    12     (B)  PROCEDURAL OPTIONS.--EACH PUBLIC AGENCY SUBJECT TO THIS
    13  SECTION MAY, AT IS DISCRETION, DO ANY OF THE FOLLOWING:
    14         (1)  REVIEW AND REVISE ITS PROCUREMENT PROCEDURES AND
    15     SPECIFICATIONS FOR PURCHASES OF PAPER, LUBRICATING OIL, TIRES
    16     AND OTHER PRODUCTS OR MATERIALS TO ELIMINATE PROCEDURES AND
    17     SPECIFICATIONS THAT DISCRIMINATE AGAINST RECYCLED PRODUCTS OR
    18     MATERIALS.
    19         (2)  REVIEW AND REVISE ITS PROCUREMENT PROCEDURES AND
    20     SPECIFICATIONS FOR PURCHASES OF PAPER, LUBRICATING OIL, TIRES
    21     AND OTHER PRODUCTS OR MATERIALS TO ENSURE, TO THE MAXIMUM
    22     EXTENT ECONOMICALLY FEASIBLE, THAT THE AGENCY PURCHASES
    23     PRODUCTS OR MATERIALS THAT MAY BE RECYCLED OR REUSED WHEN
    24     THESE PRODUCTS ARE DISCARDED.
    25         (3)  REQUIRE THAT A PERSON WHO SUBMITS A BID TO THE
    26     AGENCY FOR A CONTRACT FOR PURCHASE PRODUCTS OR MATERIALS FOR
    27     USE BY OR ON BEHALF OF THE AGENCY CERTIFY, IN WRITING, EITHER
    28     THE PERCENTAGE BY WEIGHT OF RECYCLED CONTENT IN THE PRODUCT
    29     OR MATERIAL THAT IS THE SUBJECT OF THE BID, OR SUCH OTHER
    30     MEASURE OF RECYCLED CONTENT AS MAY BE SET FORTH IN THE
    19870S0528B1207                 - 94 -

     1     AGENCY'S INVITATION FOR BIDS.
     2         (4)  ESTABLISH SPECIFICATIONS FOR BIDS FOR PUBLIC
     3     CONTRACTS THAT REQUIRE ALL BIDDERS TO PROPOSE THAT A STATED
     4     MINIMUM PERCENTAGE OF PRODUCTS OR MATERIALS TO BE USED FOR
     5     THE CONTRACT BE MADE FROM RECYCLED MATERIAL.
     6     (C)  CONTRACT OPTIONS.--EACH PUBLIC AGENCY THAT IS SUBJECT TO
     7  THIS SECTION MAY, AT ITS DISCRETION, AWARD CONTRACTS ACCORDING
     8  TO ONE OF THE FOLLOWING METHODS, WHEN THE METHOD IS SET FORTH IN
     9  THE INVITATION FOR BIDS:
    10         (1)  UPON EVALUATION OF BIDS OPENED FOR A PUBLIC CONTRACT
    11     BY A PUBLIC AGENCY FOR THE PURCHASE OF PRODUCTS OR MATERIALS,
    12     THE PUBLIC AGENCY SHALL IDENTIFY THE LOWEST RESPONSIBLE
    13     BIDDER AND ANY OTHER RESPONSIBLE BIDDERS WHOSE PRICES EXCEED
    14     THAT OF THE LOWEST RESPONSIBLE BIDDER BY A PREFERENCE
    15     PERCENTAGE TO BE SET FORTH IN THE INVITATION FOR BIDS, BUT
    16     NOT MORE THAN 5% OF THE BID AMOUNT. IF NO BIDDERS OFFER
    17     PRODUCTS OR MATERIALS WITH THE MINIMUM PRESCRIBED RECYCLED
    18     CONTENT, THE AGENCY SHALL AWARD THE CONTRACT TO THE LOWEST
    19     RESPONSIBLE BIDDER.
    20         (2)  UPON EVALUATION OF BIDS OPENED FOR A PUBLIC
    21     CONTRACT, THE AGENCY SHALL IDENTIFY THE LOWEST RESPONSIBLE
    22     BIDDER. WHERE THERE IS A TIE FOR LOWEST RESPONSIBLE BIDDER,
    23     THE AGENCY IN DETERMINING TO WHOM TO AWARD THE CONTRACT SHALL
    24     CONSIDER, AS ONE FACTOR IN ITS DETERMINATION, WHICH OF THE
    25     BIDS PROVIDES FOR THE GREATEST WEIGHT OF RECYCLED MATERIAL IN
    26     THE PRODUCT OR PRODUCTS TO BE PURCHASED, OR FOR THE BEST
    27     MEASURE OF RECYCLED CONTENT OTHER THAN WEIGHT AS MAY BE SET
    28     FORTH IN THE INVITATION FOR BIDS.
    29     (D)  OTHER LAWS.--THE OPTIONS SET FORTH IN THIS SECTION MAY
    30  BE EXERCISED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
    19870S0528B1207                 - 95 -

     1  CONTRARY.
     2  SECTION 1507.  RECYCLING AT EDUCATIONAL INSTITUTIONS.
     3     THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
     4  EDUCATION, SHALL DEVELOP GUIDELINES FOR SOURCE SEPARATION AND
     5  COLLECTION OF RECYCLABLE MATERIALS AND FOR WASTE REDUCTION IN
     6  PRIMARY AND SECONDARY SCHOOLS, COLLEGES AND UNIVERSITIES,
     7  WHETHER THE SCHOOLS, COLLEGES AND UNIVERSITIES ARE PUBLIC OR
     8  NONPUBLIC. AT A MINIMUM, THE GUIDELINES SHALL ADDRESS GENERATED
     9  IN ADMINISTRATIVE OFFICES, CLASSROOMS, DORMITORIES AND
    10  CAFETERIAS. THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE THESE
    11  GUIDELINES AND ENCOURAGE THEIR IMPLEMENTATION. THE GUIDELINES
    12  SHALL BE DEVELOPED AND DISTRIBUTED WITHIN TWO YEARS OF THE
    13  EFFECTIVE DATE OF THIS ACT, EXCEPT THAT THE GUIDELINES ARE NOT
    14  REQUIRED TO BE DISTRIBUTED TO EDUCATIONAL INSTITUTIONS THAT ARE
    15  COMMONWEALTH AGENCIES IMPLEMENTING RECYCLING PROGRAMS UNDER
    16  SECTION 1505.
    17                           CHAPTER 15 17                            <--
    18                      ENFORCEMENT AND REMEDIES
    19  Section 1501 1701.  Unlawful conduct.                             <--
    20     (a)  Offenses defined.--It shall be unlawful for any person
    21  to:
    22         (1)  Violate, or cause or assist in the violation of, any
    23     provision of this act, any regulation promulgated hereunder,
    24     any order issued hereunder, or the terms or conditions of any
    25     municipal waste management plan approved by the department
    26     under this act.
    27         (2)  Fail to adhere to the schedule set forth in, or
    28     pursuant to, this act for developing or submitting to the
    29     department a municipal waste management plan.
    30         (3)  Fail to adhere to the schedule set forth in an
    19870S0528B1207                 - 96 -

     1     approved plan for planning, design, siting, construction or
     2     operation of municipal waste processing or disposal
     3     facilities.
     4         (4)  Act in a manner that is contrary to the approved
     5     county plan or otherwise fail to act in a manner that is
     6     consistent with the approved county plan.
     7         (5)  Fail to make a timely payment of the resource         <--
     8     recovery RECYCLING fee or host municipality benefit fee.       <--
     9         (6)  Hinder, obstruct, prevent or interfere with the
    10     department or its personnel in the performance of any duty
    11     under this act.
    12         (7)  Hinder, obstruct, prevent or interfere with host
    13     municipalities or their personnel in the performance of any
    14     duty related to the collection of the host municipality
    15     benefit fee OR IN CONDUCTING ANY INSPECTION AUTHORIZED BY      <--
    16     THIS ACT.
    17         (8)  Violate the provisions of 18 Pa.C.S. § 4903
    18     (relating to false swearing) or 4904 (relating to unsworn
    19     falsification to authorities) in complying with any provision
    20     of this act, including, but not limited to, providing or
    21     preparing any information required by this act.
    22         (9)  Fail to make any payment to the site-specific
    23     postclosure fund or the trust fund for municipally operated
    24     landfills in accordance with the provisions of this act.
    25     (b)  Public nuisance.--All unlawful conduct set forth in
    26  subsection (a) shall also constitute a public nuisance.
    27  Section 1502 1702.  Enforcement orders.                           <--
    28     (a)  Issuance.--The department may issue such orders to
    29  persons as it deems necessary to aid in the enforcement of the
    30  provisions of this act. Such orders may include, but shall not
    19870S0528B1207                 - 97 -

     1  be limited to, orders requiring persons to comply with approved
     2  municipal waste management plans and orders requiring compliance
     3  with the provisions of this act and the regulations promulgated
     4  pursuant thereto. Any order issued under this act shall take
     5  effect upon notice, unless the order specifies otherwise. An
     6  appeal to the Environmental Hearing Board shall not act as a
     7  supersedeas. The power of the department to issue an order under
     8  this act is in addition to any other remedy which may be
     9  afforded to the department pursuant to this act or any other
    10  act.
    11     (b)  Compliance.--It shall be the duty of any person to
    12  proceed diligently to comply with any order issued pursuant to
    13  subsection (a). If such person fails to proceed diligently or
    14  fails to comply with the order within such time, if any, as may
    15  be specified, such person shall be guilty of contempt and shall
    16  be punished by the court in an appropriate manner, and for this
    17  purpose, application may be made by the department to the
    18  Commonwealth Court, which is hereby granted jurisdiction.
    19  Section 1503 1703.  Restraining violations.                       <--
    20     (a)  Injunctions.--In addition to any other remedies provided
    21  in this act, the department may institute a suit in equity in
    22  the name of the Commonwealth where unlawful conduct or public
    23  nuisance exists for an injunction to restrain a violation of
    24  this act, the regulations promulgated pursuant thereto, any
    25  order issued pursuant thereto, or the terms or conditions of any
    26  approved municipal waste management plan, and to restrain the
    27  maintenance or threat of a public nuisance. In any such
    28  proceeding, the court shall, upon motion of the Commonwealth,
    29  issue a prohibitory or mandatory preliminary injunction if it
    30  finds that the defendant is engaging in unlawful conduct as
    19870S0528B1207                 - 98 -

     1  defined by this act or is engaged in conduct which is causing
     2  immediate and irreparable harm to the public. The Commonwealth
     3  shall not be required to furnish bond or other security in
     4  connection with such proceedings. In addition to an injunction,
     5  the court, in such equity proceedings, may levy civil penalties
     6  as specified in section 1504 1704.                                <--
     7     (b)  Jurisdiction.--In addition to any other remedies
     8  provided for in this act, upon relation of any district attorney
     9  of any county affected, or upon relation of the solicitor of any
    10  county or municipality affected, an action in equity may be
    11  brought in a court of competent jurisdiction for an injunction
    12  to restrain any and all violations of this act or the
    13  regulations promulgated pursuant thereto, or to restrain any
    14  public nuisance.
    15     (c)  Concurrent remedies.--The penalties and remedies
    16  prescribed by this act shall be deemed concurrent, and the
    17  existence of or exercise of any remedy shall not prevent the
    18  department from exercising any other remedy hereunder, at law or
    19  in equity.
    20     (d)  Venue.--Actions instituted under this section may be
    21  filed in the appropriate court of common pleas or in the
    22  Commonwealth Court, which courts are hereby granted jurisdiction
    23  to hear such actions.
    24  Section 1504 1704.  Civil penalties.                              <--
    25     (a)  Assessment.--In addition to proceeding under any other
    26  remedy available at law or in equity for a violation of any
    27  provision of this act, the regulations promulgated hereunder,
    28  any order of the department issued hereunder, or any term or
    29  condition of an approved municipal waste management plan, the
    30  department may assess a civil penalty upon a person for such
    19870S0528B1207                 - 99 -

     1  violation. Such a penalty may be assessed whether or not the
     2  violation was willful or negligent. In determining the amount of
     3  the penalty, the department shall consider the willfulness of
     4  the violation; the effect on the municipal waste planning
     5  process; damage to air, water, land or other natural resources
     6  of this Commonwealth or their uses; cost of restoration and
     7  abatement; savings resulting to the person in consequence of
     8  such violation; deterrence of future violations; and other
     9  relevant factors. If the violation leads to issuance of a
    10  cessation order, a civil penalty shall be assessed.
    11     (b)  Notice ESCROW.--When the department assesses a civil      <--
    12  penalty, it shall inform the person of the amount of the
    13  penalty. The person charged with the penalty shall then have 30
    14  days to pay the penalty in full or, if the person wishes to
    15  contest either the amount of the penalty or the fact of the
    16  violation, the person shall, within such 30-day period, file an   <--
    17  appeal of such action with the Environmental Hearing Board.
    18  Failure to appeal within 30 days shall result in a waiver of all
    19  legal rights to contest the violation or the amount of the
    20  penalty. The maximum EITHER TO FORWARD THE PROPOSED AMOUNT TO     <--
    21  THE DEPARTMENT FOR PLACEMENT IN AN ESCROW ACCOUNT WITH THE STATE
    22  TREASURER OR WITH A BANK IN THIS COMMONWEALTH OR TO POST AN
    23  APPEAL BOND IN THE AMOUNT OF THE PENALTY. THE BOND MUST BE
    24  EXECUTED BY A SURETY LICENSED TO DO BUSINESS IN THIS
    25  COMMONWEALTH AND MUST BE SATISFACTORY TO THE DEPARTMENT. IF,
    26  THROUGH ADMINISTRATIVE OR JUDICIAL REVIEW OF THE PROPOSED
    27  PENALTY, IT IS DETERMINED THAT NO VIOLATION OCCURRED OR THAT THE
    28  AMOUNT OF THE PENALTY SHALL BE REDUCED, THE DEPARTMENT SHALL,
    29  WITHIN 30 DAYS, REMIT THE APPROPRIATE AMOUNT TO THE PERSON, WITH
    30  AN INTEREST ACCUMULATED BY THE ESCROW DEPOSIT. FAILURE TO
    19870S0528B1207                 - 100 -

     1  FORWARD THE MONEY OR THE APPEAL BOND TO THE DEPARTMENT WITHIN 30
     2  DAYS SHALL RESULT IN A WAIVER OF ALL LEGAL RIGHTS TO CONTEST THE
     3  VIOLATION OR THE AMOUNT OF THE PENALTY.
     4     (C)  AMOUNT.--THE MAXIMUM civil penalty which may be assessed
     5  pursuant to this section is $10,000 per day per violation. Each   <--
     6  violation for each separate day and each violation of any
     7  provision of this act, any regulation promulgated hereunder, any
     8  order issued hereunder, or the terms or conditions of any
     9  approved municipal waste management plan shall constitute a
    10  separate offense under this section.
    11     (D)  STATUTE OF LIMITATIONS.--NOTWITHSTANDING ANY OTHER        <--
    12  PROVISION OF LAW TO THE CONTRARY, THERE SHALL BE A STATUTE OF
    13  LIMITATIONS OF FIVE YEARS UPON ACTIONS BROUGHT BY THE
    14  COMMONWEALTH UNDER THIS SECTION.
    15  Section 1505 1705.  Criminal penalties.                           <--
    16     (a)  Summary offense.--Any person, other than a municipal
    17  official exercising his official duties, who violates any
    18  provision of this act, any regulation promulgated hereunder, any
    19  order issued hereunder, or the terms or conditions of any
    20  approved municipal waste management plan shall, upon conviction
    21  thereof in a summary proceeding, be sentenced to pay a fine of
    22  not less than $100 and not more than $1,000 and costs and, in
    23  default of the payment of such fine and costs, to undergo
    24  imprisonment for not more than 30 days.
    25     (b)  Misdemeanor offense.--Any person, other than a municipal
    26  official exercising his official duties, who violates any
    27  provision of this act, any regulation promulgated hereunder, any
    28  order issued hereunder, or the terms or conditions of any
    29  approved municipal waste management plan, commits a misdemeanor
    30  of the third degree and shall, upon conviction, be sentenced to
    19870S0528B1207                 - 101 -

     1  pay a fine of not less than $1,000 but not more than $10,000 per
     2  day for each violation or to imprisonment for a period of not
     3  more than one year, or both.
     4     (c)  Second or subsequent offense.--Any person, other than a
     5  municipal official exercising his official duties who, within
     6  two years after a conviction of a misdemeanor for any violation
     7  of this act, violates any provision of this act, any regulation
     8  promulgated hereunder, any order issued hereunder, or the terms
     9  or conditions of any approved municipal waste management plan,
    10  commits a misdemeanor of the second degree and shall, upon
    11  conviction, be sentenced to pay a fine of not less than $2,500
    12  nor more than $25,000 for each violation or to imprisonment for
    13  a period of not more than two years, or both.
    14     (d)  Violations to be separate offense.--Each violation for
    15  each separate day and each violation of any provision of this
    16  act, any regulation promulgated hereunder, any order issued
    17  hereunder, or the terms or conditions of any approved municipal
    18  waste management plan, shall constitute a separate offense under
    19  subsections (a), (b) and (c).
    20  Section 1506 1706.  Existing rights and remedies preserved;       <--
    21                 cumulative remedies authorized.
    22     Nothing in this act shall be construed as estopping the
    23  Commonwealth, or any district attorney of a county or solicitor
    24  of a municipality, from proceeding in courts of law or equity to
    25  abate pollution forbidden under this act, or abate nuisances
    26  under existing law. It is hereby declared to be the purpose of
    27  this act to provide additional and cumulative remedies to
    28  control municipal waste planning and management within this
    29  Commonwealth, and nothing contained in this act shall in any way
    30  abridge or alter rights of action or remedies now or hereafter
    19870S0528B1207                 - 102 -

     1  existing in equity, or under the common law or statutory law,
     2  criminal or civil. Nothing in this act, or the approval of any
     3  municipal waste management plan under this act, or any act done
     4  by virtue of this act, shall be construed as estopping the
     5  Commonwealth or persons in the exercise of their rights under
     6  the common law or decisional law or in equity, from proceeding
     7  in courts of law or equity to suppress nuisances, or to abate
     8  any pollution now or hereafter existing, or to enforce common
     9  law or statutory rights. No court of this Commonwealth having
    10  jurisdiction to abate public or private nuisances shall be
    11  deprived of such jurisdiction in any action to abate any private
    12  or public nuisance instituted by any person for the reason that
    13  such nuisance constitutes air or water pollution.
    14  Section 1507 1707.  Production of materials; recordkeeping        <--
    15                 requirements.
    16     (A)  AUTHORITY OF DEPARTMENT.--The department and its agents   <--
    17  and employees shall:
    18         (1)  Have access to, and require the production of, books
    19     and papers, documents, and physical evidence pertinent to any
    20     matter under investigation.
    21         (2)  Require any person engaged in the municipal waste
    22     management or municipal waste planning to establish and
    23     maintain such records and make such reports and furnish such
    24     information as the department may prescribe.
    25         (3)  HAVE THE AUTHORITY TO ENTER ANY BUILDING, PROPERTY,   <--
    26     PREMISES OR PLACE WHERE SOLID WASTE IS GENERATED, STORED,
    27     PROCESSED, TREATED OR DISPOSED OF FOR THE PURPOSES OF MAKING
    28     AN INVESTIGATION OR INSPECTION NECESSARY TO ASCERTAIN THE
    29     COMPLIANCE OR NONCOMPLIANCE BY ANY PERSON WITH THE PROVISIONS
    30     OF THIS ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT.
    19870S0528B1207                 - 103 -

     1     IN CONNECTION WITH THE INSPECTION OR INVESTIGATION, SAMPLES
     2     MAY BE TAKEN OF A SOLID, SEMISOLID, LIQUID OR CONTAINED
     3     GASEOUS MATERIAL FOR ANALYSIS. IF, ANALYSIS IS MADE OF THE
     4     SAMPLES, A COPY OF THE RESULTS OF THE ANALYSIS SHALL BE
     5     FURNISHED WITHIN FIVE BUSINESS DAYS AFTER RECEIVING THE
     6     ANALYSIS TO THE PERSON HAVING APPARENT AUTHORITY OVER THE
     7     BUILDING, PROPERTY, PREMISES OR PLACE.
     8     (B)  WARRANTS.--AN AGENT OR EMPLOYEE OF THE DEPARTMENT MAY
     9  APPLY FOR A SEARCH WARRANT TO ANY COMMONWEALTH OFFICIAL
    10  AUTHORIZED TO ISSUE A SEARCH WARRANT FOR THE PURPOSES OF
    11  INSPECTING OR EXAMINING ANY PROPERTY, BUILDING, PREMISES, PLACE,
    12  BOOK, RECORD OR OTHER PHYSICAL EVIDENCE; OF CONDUCTING TESTS; OR
    13  OF TAKING SAMPLES OF ANY SOLID WASTE. THE WARRANT SHALL BE
    14  ISSUED UPON PROBABLE CAUSE. IT SHALL BE SUFFICIENT PROBABLE
    15  CAUSE TO SHOW ANY OF THE FOLLOWING:
    16         (1)  THE INSPECTION, EXAMINATION, TEST OR SAMPLING IS
    17     PURSUANT TO A GENERAL ADMINISTRATIVE PLAN TO DETERMINE
    18     COMPLIANCE WITH THIS ACT.
    19         (2)  THE AGENT OR EMPLOYEE HAS REASON TO BELIEVE THAT A
    20     VIOLATION OF THIS ACT HAS OCCURRED OR MAY OCCUR.
    21         (3)  THE AGENT OR EMPLOYEE HAS BEEN REFUSED ACCESS TO THE
    22     PROPERTY, BUILDING, PREMISES, PLACE, BOOK, RECORD OR PHYSICAL
    23     EVIDENCE OR HAS BEEN PREVENTED FROM CONDUCTING TESTS OR
    24     TAKING SAMPLES.
    25  Section 1508 1708.  Withholding of State funds.                   <--
    26     In addition to any other penalties provided in this act, the
    27  department may notify the State Treasurer to withhold payment of
    28  all or any portion of funds payable to the municipality by the
    29  department from the General Fund or any other fund if the
    30  municipality has engaged in any unlawful conduct under section
    19870S0528B1207                 - 104 -

     1  1501 1701. Upon notification, the State Treasurer shall hold in   <--
     2  escrow such moneys due to such municipality until such time as
     3  the department notifies the State Treasurer that the
     4  municipality has complied with such requirement or schedule.
     5  Section 1509 1709.  Collection of fines, fees, etc.               <--
     6     (a)  Lien.--All fines, fees, interest and penalties and any
     7  other assessments shall be collectible in any manner provided by
     8  law for the collection of debts. If the person liable to pay any
     9  such amount neglects or refuses to pay the same after demand,
    10  the amount, together with interest and any costs that may
    11  accrue, shall be a judgment in favor of the Commonwealth or the
    12  host municipality, as the case may be, upon the property of such
    13  person, but only after same has been entered and docketed of
    14  record by the prothonotary of the county where such property is
    15  situated. The department COMMONWEALTH or host municipality, as    <--
    16  the case may be, may at any time transmit to the prothonotaries
    17  of the respective counties certified copies of all such
    18  judgments, and it shall be the duty of each prothonotary to
    19  enter and docket the same of record in his office, and to index
    20  the same as judgments are indexed, without requiring the payment
    21  of costs as a condition precedent to the entry thereof.
    22     (b)  Deposit of fines.--All fines collected pursuant to
    23  sections 1504 and 1505 1704 and 1705 shall be paid into the       <--
    24  Solid Waste Abatement Fund.
    25  Section 1510 1710.  Right of citizen to intervene in              <--
    26                 proceedings.
    27     Any citizen of this Commonwealth having an interest which is
    28  or may be adversely affected shall have the right on his own
    29  behalf, without posting bond, to intervene in any action brought
    30  pursuant to section 1503 or 1504 1703 or 1704.                    <--
    19870S0528B1207                 - 105 -

     1  SECTION 1711.  REMEDIES OF CITIZENS.                              <--
     2     (A)  COMMENCEMENT OF CIVIL ACTION.--EXCEPT AS PROVIDED IN
     3  SUBSECTION (B), ANY PERSON HAVING AN INTEREST THAT IS OR MAY BE
     4  ADVERSELY AFFECTED MAY COMMENCE A CIVIL ACTION OR HIS OWN BEHALF
     5  AGAINST ANY PERSON OTHER THAN THE DEPARTMENT TO COMPEL
     6  COMPLIANCE WITH THIS ACT, ANY REGULATION PROMULGATED UNDER THIS
     7  ACT, ANY ORDER OF THE DEPARTMENT ISSUED UNDER THIS ACT OR ANY
     8  TERM OR CONDITION OF AN APPROVED MUNICIPAL WASTE MANAGEMENT
     9  PLAN. THE COURTS OF COMMON PLEAS SHALL HAVE JURISDICTION OF
    10  ACTIONS UNDER THIS SECTION. VENUE SHALL BE AS SET FORTH IN THE
    11  PENNSYLVANIA RULES OF CIVIL PROCEDURE CONCERNING CIVIL ACTIONS.
    12     (B)  NOTICE.--NO ACTION UNDER THIS SECTION MAY BE COMMENCED
    13  PRIOR TO 60 DAYS AFTER THE PLAINTIFF HAS GIVEN THE DEPARTMENT
    14  AND THE ALLEGED VIOLATOR WRITTEN NOTICE OF THE VIOLATION.
    15     (C)  MULTIPLE ACTIONS.--NO ACTION UNDER THIS SECTION MAY BE
    16  COMMENCED IF THE DEPARTMENT HAS COMMENCED AND IS DILIGENTLY
    17  PROSECUTING A CIVIL ACTION IN A COURT OF THE UNITED STATES OR OF
    18  THE COMMONWEALTH, HAS ISSUED AN ORDER, OR HAS ENTERED A CONSENT
    19  ORDER AND AGREEMENT OR CONSENT DEGREE TO REQUIRE COMPLIANCE WITH
    20  THIS ACT, ANY REGULATION PROMULGATED UNDER THIS ACT, ANY ORDER
    21  OF THE DEPARTMENT ISSUED UNDER THIS ACT OR ANY TERM OR CONDITION
    22  OF AN APPROVED MUNICIPAL WASTE MANAGEMENT PLAN. IF THE
    23  DEPARTMENT HAS COMMENCED AND IS DILIGENTLY PROSECUTING A CIVIL
    24  ACTION IN A COURT OF THE COMMONWEALTH, ANY PERSON WITH AN
    25  INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED MAY INTERVENE AS
    26  OF RIGHT.
    27  SECTION 1712.  AFFIRMATIVE DEFENSE.
    28     (A)  DEFENSE.--IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY
    29  ACTION BY THE DEPARTMENT PURSUANT TO SECTION 1704, 1705 OR 1708
    30  AGAINST ANY MUNICIPALITY ALLEGED TO BE IN VIOLATION OF SECTION
    19870S0528B1207                 - 106 -

     1  1501 THAT SUCH MUNICIPALITY'S FAILURE TO COMPLY IS CAUSED BY
     2  EXCESSIVE COSTS OF THE PROGRAM REQUIRED BY SECTION 1501. PROGRAM
     3  COSTS ARE EXCESSIVE WHEN REASONABLE AND NECESSARY COSTS OF
     4  OPERATING THE PROGRAM EXCEED INCOME FROM THE SALE OR USE OF
     5  COLLECTED MATERIAL, GRANT MONEY RECEIVED FROM THE DEPARTMENT
     6  PURSUANT TO SECTION 902, AND AVOIDED COSTS OF MUNICIPAL WASTE
     7  PROCESSING OR DISPOSAL.
     8     (B)  REQUIREMENTS.--A MUNICIPALITY MAY NOT ASSERT THE
     9  AFFIRMATIVE DEFENSE PROVIDED BY THIS SECTION IF IT HAS FAILED:
    10         (1)  TO MAKE A TIMELY GRANT APPLICATION TO THE DEPARTMENT
    11     PURSUANT TO SECTION 902.
    12         (2)  TO EXERCISE ITS BEST EFFORTS TO IMPLEMENT THE
    13     PROGRAM REQUIRED BY SECTION 1501 FOR AT LEAST TWO YEARS AFTER
    14     IT WAS REQUIRED TO ESTABLISH AND IMPLEMENT THE PROGRAM.
    15     (C)  CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
    16  CONSTRUED OR UNDERSTOOD:
    17         (1)  TO CREATE AN AFFIRMATIVE DEFENSE FOR A MUNICIPALITY
    18     THAT IS ALLEGED TO BE IN VIOLATION OF ANY PROVISION OF LAW
    19     OTHER THAN SECTION 1501.
    20         (2)  TO CREATE AN AFFIRMATIVE DEFENSE FOR ANY PERSON
    21     OTHER THAN A MUNICIPALITY.
    22         (3)  TO MODIFY OR AFFECT EXISTING STATUTORY AND CASE LAW
    23     CONCERNING AFFIRMATIVE DEFENSES TO DEPARTMENT ACTIONS, EXCEPT
    24     AS EXPRESSLY PROVIDED IN SUBSECTION (A).
    25                           CHAPTER 17 19                            <--
    26                      MISCELLANEOUS PROVISIONS
    27  Section 1701 1901.  Severability.                                 <--
    28     The provisions of this act are severable. If any provision of
    29  this act or its application to any person or circumstance is
    30  held invalid, the invalidity shall not affect other provisions
    19870S0528B1207                 - 107 -

     1  or applications of this act which can be given effect without
     2  the invalid provision or application.
     3  Section 1702 1902.  Repeals.                                      <--
     4     (a)  Absolute repeals.--The last sentence in section 201(b),
     5  section 201(f) through (l) and sections 202 and 203 of the act
     6  of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
     7  Management Act, are repealed.
     8     (b)  Inconsistent repeals.--Except as provided in section
     9  501(c) 501(B) of this act, the first through fourth sentences of  <--
    10  section 201(b) and section 201(c), (d) and (e) of the act of
    11  July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    12  Management Act, are repealed insofar as they are inconsistent
    13  with this act.
    14  Section 1703 1903.  Effective date.                               <--
    15     This act shall take effect in 60 days.










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