PRIOR PRINTER'S NOS. 581, 1207                PRINTER'S NO. 1415

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 TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           OCTOBER 5, 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 counties.
     3  Section 304.  Powers and duties of municipalities other than
     4                 counties.
     5  Chapter 5.  Municipal Waste Planning
     6  Section 501.  Schedule for submission of municipal waste
     7                 management plans.
     8  Section 502.  Content of municipal waste management plans.
     9  Section 503.  Development of municipal waste management plans.
    10  Section 504.  Failure to ratify plan.
    11  Section 505.  Review of municipal waste management plans.
    12  Section 506.  Contracts.
    13  Section 507.  Relationship between plans and permits.
    14  Section 508.  Studies.
    15  Section 509.  Best available technology.
    16  Section 510.  Permit requirements.
    17  Section 511.  Site limitation.
    18  Chapter 7.  Recycling Fee
    19  Section 701.  Recycling fee for municipal waste landfills and
    20                 resource recovery facilities.
    21  Section 702.  Form and timing of recycling fee payment.
    22  Section 703.  Collection and enforcement of fee.
    23  Section 704.  Records.
    24  Section 705.  Surcharge.
    25  Section 706.  Recycling Fund.
    26  Chapter 9.  Grants
    27  Section 901.  Planning grants.
    28  Section 902.  Grants for development and implementation of
    29                 municipal recycling programs.
    30  Section 903.  Grants for recycling coordinators.
    19870S0528B1415                  - 2 -

     1  Section 904.  General limitations.
     2  Chapter 11.  Assistance to Municipalities
     3  Section 1101.  Information provided to host municipalities.
     4  Section 1102.  Joint inspections with host municipalities.
     5  Section 1103.  Water supply testing for contiguous landowners.
     6  Section 1104.  Water supply protection.
     7  Section 1105.  Purchase of cogenerated electricity.
     8  Section 1106.  Public Utility Commission.
     9  Section 1107.  Claims resulting from pollution occurrences.
    10  Section 1108.  Site-specific postclosure fund.
    11  Section 1109.  Trust fund for municipally operated landfills.
    12  Section 1110.  Independent evaluation of permit applications.
    13  Section 1111.  Protection of capacity.
    14  Chapter 13.  Host Municipality Benefit Fee
    15  Section 1301.  Host municipality benefit fee.
    16  Section 1302.  Form and timing of host municipality benefit fee
    17                 payment.
    18  Section 1303.  Collection and enforcement of fee.
    19  Section 1304.  Records.
    20  Section 1305.  Surcharge.
    21  Chapter 15.  Recycling and Waste Reduction
    22  Section 1501.  Municipal implementation of recycling programs.
    23  Section 1502.  Facilities operation and recycling.
    24  Section 1503.  Commonwealth recycling and waste reduction.
    25  Section 1504.  Procurement by Department of General Services.
    26  Section 1505.  Procurement by Department of Transportation.
    27  Section 1506.  Procurement options for local public agencies
    28                 and certain Commonwealth agencies.
    29  Section 1507.  Recycling at educational institutions.
    30  Chapter 17.  Enforcement and Remedies
    19870S0528B1415                  - 3 -

     1  Section 1701.  Unlawful conduct.
     2  Section 1702.  Enforcement orders.
     3  Section 1703.  Restraining violations.
     4  Section 1704.  Civil penalties.
     5  Section 1705.  Criminal penalties.
     6  Section 1706.  Existing rights and remedies preserved;
     7                 cumulative remedies authorized.
     8  Section 1707.  Production of materials; recordkeeping
     9                 requirements.
    10  Section 1708.  Withholding of State funds.
    11  Section 1709.  Collection of fines, fees, etc.
    12  Section 1710.  Right of citizen to intervene in proceedings.
    13  Section 1711.  Remedies of citizens.
    14  Section 1712.  Affirmative defense.
    15  Chapter 19.  Miscellaneous Provisions
    16  Section 1901.  Severability.
    17  Section 1902.  Repeals.
    18  Section 1903.  Effective date.
    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21                             CHAPTER 1
    22                         GENERAL PROVISIONS
    23  Section 101.  Short title.
    24     This act shall be known and may be cited as the Municipal
    25  Waste Planning, Recycling and Waste Reduction Act.
    26  Section 102.  Legislative findings; declaration of policy and
    27                 goals.
    28     (a)  Legislative findings.--The Legislature hereby
    29  determines, declares and finds that:
    30         (1)  Improper municipal waste practices create public
    19870S0528B1415                  - 4 -

     1     health hazards, environmental pollution and economic loss,
     2     and cause irreparable harm to the public health, safety and
     3     welfare.
     4         (2)  Parts of this Commonwealth have inadequate and
     5     rapidly diminishing processing and disposal capacity for
     6     municipal waste.
     7         (3)  Virtually every county in this Commonwealth will
     8     have to replace existing municipal waste processing and
     9     disposal facilities over the next decade.
    10         (4)  Needed additional municipal waste processing and
    11     disposal facilities have not been developed in a timely
    12     manner because of diffused responsibility for municipal waste
    13     planning, processing and disposal among numerous and
    14     overlapping units of local government.
    15         (5)  It is necessary to give counties the primary
    16     responsibility to plan for the processing and disposal of
    17     municipal waste generated within their boundaries to insure
    18     the timely development of needed processing and disposal
    19     facilities.
    20         (6)  Proper and adequate processing and disposal of
    21     municipal waste generated within a county requires the
    22     generating county to give first choice to new processing and
    23     disposal sites located within that county.
    24         (7)  It is appropriate to provide those living near
    25     municipal waste processing and disposal facilities with
    26     additional guarantees of the proper operation of such
    27     facilities and to provide incentives for municipalities to
    28     host such facilities.
    29         (8)  Waste reduction and recycling are preferable to the
    30     processing or disposal of municipal waste.
    19870S0528B1415                  - 5 -

     1         (9)  Prompt payment and efficient collection of the
     2     recycling fee created by this act are essential to the
     3     administration of the recycling grants provided by this act.
     4         (10)  Authorizing counties to control the flow of
     5     municipal waste and recyclable constituents of municipal
     6     waste is necessary to guarantee, among other things, the long
     7     term economic viability of resource recovery facilities and
     8     municipal waste landfills, ensure that such facilities and
     9     landfills can be financed, moderate the cost of such
    10     facilities and landfills over the long term, protect existing
    11     capacity, and assist in the development of markets for
    12     recyclable materials by guaranteeing a steady flow of such
    13     materials.
    14         (11)  Public agencies in the Commonwealth purchase
    15     significant quantities of products or materials annually.
    16         (12)  By purchasing products or materials made from
    17     recycled materials, public agencies in the Commonwealth can
    18     help stimulate the market for such materials and thereby
    19     foster recycling, and can also educate the public concerning
    20     the utility and availability of such materials.
    21         (13)  Removing certain materials from the municipal
    22     waste-stream will decrease the flow of solid waste to
    23     municipal waste landfills, aid in the conservation and
    24     recovery of valuable resources, conserve energy in the
    25     manufacturing process, increase the supply of reusable
    26     materials for the Commonwealth's industries, and will also
    27     reduce substantially the required capacity of proposed
    28     resource recovery facilities and contribute to their overall
    29     combustion efficiency, thereby resulting in significant cost
    30     savings in the planning, construction and operation of these
    19870S0528B1415                  - 6 -

     1     facilities.
     2         (14)  It is in the public interest to promote the source
     3     separation of marketable waste materials on a Statewide basis
     4     so that reusable materials may be returned to the economic
     5     mainstream in the form of raw materials or products rather
     6     than be disposed of at the Commonwealth's overburdened
     7     municipal waste processing or disposal facilities.
     8         (15)  The recycling of marketable materials by
     9     municipalities in the Commonwealth and Commonwealth agencies,
    10     and the development of public and private sector recycling
    11     activities on an orderly and incremental basis, will further
    12     demonstrate the Commonwealth's long term commitment to an
    13     effective and coherent solid waste management strategy.
    14         (16)  Operators of municipal waste landfills and resource
    15     recovery facilities should give first priority to the
    16     disposal or processing of municipal waste generated within
    17     the host county because, among other reasons, the host county
    18     is most directly affected by operations at the facility, and
    19     because local processing or disposal of municipal waste saves
    20     energy and transportation costs.
    21         (17)  The Commonwealth recognizes that both municipal
    22     waste landfills and resource recovery facilities will be
    23     needed as part of an integrated strategy to provide for the
    24     processing and disposal of the Commonwealth's municipal
    25     waste.
    26     (b)  Purpose.--It is the purpose of this act to:
    27         (1)  Establish and maintain a cooperative State and local
    28     program of planning and technical and financial assistance
    29     for comprehensive municipal waste management.
    30         (2)  Encourage the development of waste reduction and
    19870S0528B1415                  - 7 -

     1     recycling as a means of managing municipal waste, conserving
     2     resources and supplying energy through planning, grants and
     3     other incentives.
     4         (3)  Protect the public health, safety and welfare from
     5     the short and long term dangers of transportation,
     6     processing, treatment, storage and disposal of municipal
     7     waste.
     8         (4)  Provide a flexible and effective means to implement
     9     and enforce the provisions of this act.
    10         (5)  Utilize, wherever feasible, the capabilities of
    11     private enterprise in accomplishing the desired objectives of
    12     an effective, comprehensive solid waste management plan.
    13         (6)  Establish a recycling fee for municipal waste
    14     landfills and resource recovery facilities to provide grants
    15     for recycling, planning and related purposes.
    16         (7)  Establish a host municipality benefit fee for
    17     municipal waste landfills and resource recovery facilities
    18     that are permitted after the effective date of this act and
    19     to provide benefits to host municipalities for the presence
    20     of such facilities.
    21         (8)  Establish a site-specific postclosure fee for
    22     currently operating and future permitted municipal waste
    23     landfills for remedial measures and emergency actions that
    24     are necessary to prevent or abate adverse effects upon the
    25     environment after the closure of such landfills.
    26         (9)  Establish trust funds for municipally operated
    27     landfills to ensure that there are sufficient funds available
    28     for completing the final closure of such landfills under the
    29     Solid Waste Management Act.
    30         (10)  Shift the primary responsibility for developing and
    19870S0528B1415                  - 8 -

     1     implementing municipal waste management plans from
     2     municipalities to counties.
     3         (11)  Require all public agencies of the Commonwealth to
     4     aid and promote the development of recycling through their
     5     procurement policies for the general welfare and economy of
     6     the Commonwealth.
     7         (12)  Require certain municipalities to implement
     8     recycling programs to return valuable materials to productive
     9     use, to conserve energy and to protect capacity at municipal
    10     waste processing or disposal facilities.
    11         (13)  Implement Article 1, section 27 of the Constitution
    12     of Pennsylvania.
    13     (c)  Declaration of goals.--The General Assembly therefore
    14  declares the following goals:
    15         (1)  At least 25% of all municipal waste generated in
    16     this Commonwealth on and after January 1, 1997, should be
    17     recycled.
    18         (2)  The weight or volume of municipal waste generated
    19     per capita in this Commonwealth on January 1, 1997, should,
    20     to the greatest extent practicable, be less than the weight
    21     or volume of municipal waste generated per capita on the
    22     effective date of this act.
    23         (3)  Each person living or working in this Commonwealth
    24     shall be taught the economic, environmental, and energy value
    25     of recycling and waste reduction, and shall be encouraged
    26     through a variety of means to participate in such activities.
    27         (4)  The Commonwealth should, to the greatest extent
    28     practicable, procure and use products and materials with
    29     recycled content, and procure and use materials that are
    30     recyclable.
    19870S0528B1415                  - 9 -

     1  Section 103.  Definitions.
     2     The following words and phrases when used in this act shall
     3  have the meanings given to them in this section unless the
     4  context clearly indicates otherwise:
     5     "Abatement."  The restoration, reclamation, recovery, etc.,
     6  of a natural resource adversely affected by the activity of a
     7  person.
     8     "Commission."  The Pennsylvania Public Utility Commission and
     9  its authorized representatives.
    10     "Commonwealth agency."  The Commonwealth and its departments,
    11  boards, commissions and agencies, Commonwealth owned
    12  universities, and the State Public School Building Authority,
    13  the State Highway and Bridge Authority, and any other authority
    14  now in existence or hereafter created or organized by the
    15  Commonwealth.
    16     "County."  Includes the City of Philadelphia but not
    17  Philadelphia County.
    18     "Department."  The Department of Environmental Resources of
    19  the Commonwealth and its authorized representatives.
    20     "Disposal."  The deposition, injection, dumping, spilling,
    21  leaking or placing of solid waste into or on the land or water
    22  in a manner that the solid waste or a constituent of the solid
    23  waste enters the environment, is emitted into the air or is
    24  discharged to the waters of this Commonwealth.
    25     "Feasibility study."  A study which analyzes a specific
    26  municipal waste processing or disposal system to assess the
    27  likelihood that the system can be successfully implemented,
    28  including, but not limited to, an analysis of the prospective
    29  market, the projected costs and revenues of the system, the
    30  municipal waste-stream that the system will rely upon and
    19870S0528B1415                 - 10 -

     1  various options available to implement the system.
     2     "Host municipality."  The municipality other than the county
     3  within which a municipal waste landfill or resource recovery
     4  facility is located or is proposed to be located.
     5     "Leaf waste."  Leaves, garden residues, shrubbery and tree
     6  trimmings, and similar material, but not including grass
     7  clippings.
     8     "Local Public agency."
     9         (1)  Counties, cities, boroughs, towns, townships, school
    10     districts, and any other authority now in existence or
    11     hereafter created or organized by the Commonwealth.
    12         (2)  All municipal or school or other authorities now in
    13     existence or hereafter created or organized by any county,
    14     city, borough, township or school district or any combination
    15     thereof.
    16         (3)  Any and all other public bodies, authorities,
    17     councils of government, officers, agencies or
    18     instrumentalities of the foregoing, whether exercising a
    19     governmental or proprietary function.
    20     "Management."  The entire process, or any part thereof, of
    21  storage, collection, transportation, processing, treatment and
    22  disposal of solid wastes by any person engaging in such process.
    23     "Municipal recycling program."  A source separation and
    24  collection program for recycling municipal waste, or a program
    25  for designated drop-off points or collection centers for
    26  recycling municipal waste, that is operated by or on behalf of a
    27  municipality. The term includes any source separation and
    28  collection program for composting yard waste that is operated by
    29  or on behalf of a municipality. The term shall not include any
    30  program for recycling demolition waste or sludge from sewage
    19870S0528B1415                 - 11 -

     1  treatment plants or water supply treatment plants.
     2     "Municipal waste."  Any garbage, refuse, industrial lunchroom
     3  or office waste and other material, including solid, liquid,
     4  semisolid or contained gaseous material, resulting from
     5  operation of residential, municipal, commercial or institutional
     6  establishments and from community activities and any sludge not
     7  meeting the definition of residual or hazardous waste in the
     8  Solid Waste Management Act from a municipal, commercial or
     9  institutional water supply treatment plant, waste water
    10  treatment plant or air pollution control facility.
    11     "Municipal waste landfill."  Any facility that is designed,
    12  operated or maintained for the disposal of municipal waste,
    13  whether or not such facility possesses a permit from the
    14  department under the Solid Waste Management Act. The term shall
    15  not include any facility that is used exclusively for disposal
    16  of demolition waste or sludge from sewage treatment plants or
    17  water supply treatment plants.
    18     "Municipality."  A county, city, borough, incorporated town,
    19  township or home rule municipality.
    20     "Operator."  A person engaged in solid waste processing or
    21  disposal. Where more than one person is so engaged in a single
    22  operation, all persons shall be deemed jointly and severally
    23  responsible for compliance with the provisions of this act.
    24     "Person."  Any individual, partnership, corporation,
    25  association, institution, cooperative enterprise, municipality,
    26  municipal authority, Federal Government or agency, State
    27  institution or agency (including, but not limited to, the
    28  Department of General Services and the State Public School
    29  Building Authority), or any other legal entity whatsoever which
    30  is recognized by law as the subject of rights and duties. In any
    19870S0528B1415                 - 12 -

     1  provisions of this act prescribing a fine, imprisonment or
     2  penalty, or any combination of the foregoing, the term "person"
     3  shall include the officers and directors of any corporation or
     4  other legal entity having officers and directors.
     5     "Pollution."  Contamination of any air, water, land or other
     6  natural resources of this Commonwealth that will create or is
     7  likely to create a public nuisance or to render the air, water,
     8  land or other natural resources harmful, detrimental or
     9  injurious to public health, safety or welfare, or to domestic,
    10  municipal, commercial, industrial, agricultural, recreational or
    11  other legitimate beneficial uses, or to livestock, wild animals,
    12  birds, fish or other life.
    13     "Post consumer waste material."  Any product generated by a
    14  business or consumer which has served its intended end use, and
    15  which has been separated from solid waste for the purposes of
    16  collection, recycling, and disposition. The term includes
    17  industrial byproducts that would otherwise go to disposal or
    18  processing facilities. The term does not include internally
    19  generated scrap that is commonly returned to industrial or
    20  manufacturing process.
    21     "Processing."  Any technology used for the purpose of
    22  reducing the volume or bulk of municipal waste or any technology
    23  used to convert part or all of such waste materials for offsite
    24  reuse. Processing facilities include, but are not limited to,
    25  transfer facilities, composting facilities and resource recovery
    26  facilities.
    27     "Project development."  Those activities required to be
    28  conducted prior to constructing a processing or disposal
    29  facility that has been shown to be feasible, including, but not
    30  limited to, public input and participation, siting, procurement
    19870S0528B1415                 - 13 -

     1  and vendor contract negotiations, and market and municipal waste
     2  supply assurance negotiations.
     3     "Public agency."  Any Commonwealth agency or local public
     4  agency.
     5     "Recycled content."  Products or materials containing post
     6  consumer waste materials.
     7     "Recycling."  The collection, separation, recovery and sale
     8  or reuse of metals, glass, paper, leaf waste, plastics and other
     9  materials which would otherwise be disposed or processed as
    10  municipal waste.
    11     "Remaining available permitted capacity."  The remaining
    12  permitted capacity that is actually available for processing or
    13  disposal to the county or other municipality that generated the
    14  waste.
    15     "Remaining permitted capacity."  The weight or volume of
    16  municipal waste that can be processed or disposed at an existing
    17  municipal waste processing or disposal facility. The term shall
    18  include only weight or volume capacity for which the department
    19  has issued a permit under the Solid Waste Management Act. The
    20  term shall not include any facility that the department
    21  determines, or has determined, has failed and continues to fail
    22  to comply with the provisions of the Solid Waste Management Act,
    23  and the regulations promulgated pursuant thereto, or any permit
    24  conditions.
    25     "Residual waste."  Any garbage, refuse, other discarded
    26  material or other waste, including solid, liquid, semisolid or
    27  contained gaseous materials resulting from industrial, mining
    28  and agricultural operations and any sludge from an industrial,
    29  mining or agricultural water supply treatment facility, waste
    30  water treatment facility or air pollution control facility,
    19870S0528B1415                 - 14 -

     1  provided that it is not hazardous. The term shall not include
     2  coal refuse as defined in the act of September 24, 1968
     3  (P.L.1040, No.318), known as the Coal Refuse Disposal Control
     4  Act. The term shall not include treatment sludges from coal mine
     5  drainage treatment plants, disposal of which is being carried on
     6  pursuant to and in compliance with a valid permit issued
     7  pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
     8  as The Clean Streams Law.
     9     "Resource recovery facility."  A facility that provides for
    10  the extraction and utilization of materials or energy from
    11  municipal waste that is generated off-site, including, but not
    12  limited to, a facility that mechanically extracts materials from
    13  municipal waste, a combustion facility that converts the organic
    14  fraction of municipal waste to usable energy, and any chemical
    15  and biological process that converts municipal waste into a fuel
    16  product or other usable materials. The term also includes any
    17  facility for the combustion of municipal waste that is generated
    18  off-site, whether or not the facility is operated to recover
    19  energy. The term does not include methane gas extraction from a
    20  municipal waste landfill, nor shall it include any separation
    21  and collection center, drop-off point or collection center for
    22  recycling municipal waste, or any source separation or
    23  collection center for composting leaf waste.
    24     "Secretary."  The Secretary of Environmental Resources of the
    25  Commonwealth.
    26     "Solid waste."  Solid waste, as defined in the act of July 7,
    27  1980 (P.L.380, No.97), known as the Solid Waste Management Act.
    28     "Solid Waste Abatement Fund."  The fund created pursuant to
    29  section 701 of the Solid Waste Management Act.
    30     "Solid Waste Management Act."  The act of July 7, 1980
    19870S0528B1415                 - 15 -

     1  (P.L.380, No.97).
     2     "Storage."  The containment of any municipal waste on a
     3  temporary basis in such a manner as not to constitute disposal
     4  of such waste. It shall be presumed that the containment of any
     5  municipal waste in excess of one year constitutes disposal. This
     6  presumption can be overcome by clear and convincing evidence to
     7  the contrary.
     8     "Transportation."  The offsite removal of any municipal waste
     9  at any time after generation.
    10     "Treatment."  Any method, technique or process, including,
    11  but not limited to, neutralization, designed to change the
    12  physical, chemical or biological character or composition of any
    13  municipal waste so as to neutralize such waste or so as to
    14  render such waste safer for transport, suitable for recovery,
    15  suitable for storage or reduced in volume.
    16     "Waste reduction."  Design, manufacture or use of a product
    17  to minimize weight of municipal waste that requires processing
    18  or disposal, including, but not limited to:
    19         (1)  design or manufacturing activities which minimize
    20     the weight or volume of materials contained in a product, or
    21     increase durability or recyclability; and
    22         (2)  use of products that contain as little material as
    23     possible, are capable of being reused or recycled or have an
    24     extended useful life.
    25  Section 104.  Construction of act.
    26     (a)  Liberal construction.--The terms and provisions of this
    27  act are to be liberally construed, so as to best achieve and
    28  effectuate the goals and purposes hereof.
    29     (b)  Para materia.--This act shall be construed in para
    30  materia with the Solid Waste Management Act.
    19870S0528B1415                 - 16 -

     1                             CHAPTER 3
     2                         POWERS AND DUTIES
     3  Section 301.  Powers and duties of department.
     4     The department, in consultation with the Department of Health
     5  regarding matters of public health significance, shall have the
     6  power and its duty shall be to:
     7         (1)  Administer the municipal waste planning, recycling
     8     and waste reduction program pursuant to the provisions of
     9     this act and the regulations promulgated pursuant thereto.
    10         (2) Cooperate with appropriate Federal, State, interstate
    11     and local units of government and with appropriate private
    12     organizations in carrying out its duties under this act.
    13         (3)  Provide technical assistance to municipalities and
    14     Commonwealth agencies, including, but not limited to, the
    15     training of personnel.
    16         (4)  Initiate, conduct and support research,
    17     demonstration projects and investigations, and coordinate all
    18     State agency research programs pertaining to municipal waste
    19     management systems.
    20         (5)  Regulate municipal waste planning, including, but
    21     not limited to, the development and implementation of county
    22     municipal waste management plans.
    23         (6)  Approve, conditionally approve or disapprove
    24     municipal waste management plans, issue orders, conduct
    25     inspections and abate public nuisances to implement the
    26     provisions and purposes of this act and the regulations
    27     promulgated pursuant to this act.
    28         (7)  Serve as the agency of the Commonwealth for the
    29     receipt of moneys from the Federal Government or other public
    30     agencies or private agencies and expend such moneys for
    19870S0528B1415                 - 17 -

     1     studies and research with respect to, and for the enforcement
     2     and administration of, the provisions and purposes of this
     3     act and the regulations promulgated pursuant thereto.
     4         (8)  Institute, in a court of competent jurisdiction,
     5     proceedings against any person to compel compliance with the
     6     provisions of this act, any regulation promulgated pursuant
     7     thereto, any order of the department, or the terms and
     8     conditions of any approved municipal waste management plan.
     9         (9)  Institute prosecutions against any person under this
    10     act.
    11         (10)  Appoint such advisory committees as the secretary
    12     deems necessary and proper to assist the department in
    13     carrying out the provisions of this act. The secretary is
    14     authorized to pay reasonable and necessary expenses incurred
    15     by the members of such advisory committees in carrying out
    16     their functions.
    17         (11)  Encourage and, where the department determines it
    18     is appropriate, require counties and other municipalities to
    19     carry out their duties under this act, using the full range
    20     of incentives and enforcement authority provided in this act.
    21         (12)  Take any action not inconsistent with this act that
    22     the department may deem necessary or proper to collect the
    23     recycling fee provided by this act, and to insure the payment
    24     of the host municipality benefit fee and to ensure the
    25     payment of the site-specific postclosure fee and moneys for
    26     the trust fund for municipally operated landfills provided by
    27     this act.
    28         (13)  Administer and distribute moneys in the Recycling
    29     Fund for any public educational programs on recycling and
    30     waste reduction that the department believes to be
    19870S0528B1415                 - 18 -

     1     appropriate, for technical assistance to counties in the
     2     preparation of municipal waste management plans, for
     3     technical assistance to municipalities concerning recycling
     4     and waste reduction, to conduct research, and for other
     5     purposes consistent with this act.
     6         (14)  To promote and emphasize recycling and waste
     7     reduction in the Commonwealth by, among other things:
     8             (i)  Conducting a comprehensive, innovative and
     9         effective public education program concerning the value
    10         of recycling and waste reduction, and of public
    11         opportunities to participate in such activities, in
    12         cooperation with the Department of Education.
    13             (ii)  Developing and maintaining a data base on
    14         recycling and waste reduction in the Commonwealth, and
    15         making the information in that data base available to the
    16         public.
    17             (iii)  Coordinating recycling and waste reduction
    18         efforts among Commonwealth agencies.
    19             (iv)  Providing financial and other assistance to
    20         municipalities that are required by section 1501 to
    21         implement recycling programs.
    22         (15)  Do any and all other acts and things, not
    23     inconsistent with any provision of this act, which it may
    24     deem necessary or proper for the effective enforcement of
    25     this act and the regulations promulgated pursuant thereto
    26     after consulting with the Department of Health regarding
    27     matters of public health significance.
    28  Section 302.  Powers and duties of Environmental Quality Board.
    29     The Environmental Quality Board shall have the power and its
    30  duty shall be to adopt the regulations of the department to
    19870S0528B1415                 - 19 -

     1  accomplish the purposes and to carry out the provisions of this
     2  act.
     3  Section 303.  Powers and duties of counties.
     4     (a)  Primary responsibility of county.--Each county shall
     5  have the power and its duty shall be to insure the availability
     6  of adequate permitted processing and disposal capacity for the
     7  municipal waste which is generated within its boundaries. As
     8  part of this power, a county:
     9         (1)  May require all persons collecting or transporting
    10     municipal waste within the county to obtain licenses for the
    11     purpose of directing waste to facilities designated pursuant
    12     to subsection (e).
    13         (2)  Shall have the power and duty to implement its
    14     approved plan as it relates to the processing and disposal of
    15     municipal waste generated within its boundaries.
    16         (3)  May plan for the processing and disposal of
    17     municipal waste generated outside its boundaries and to
    18     implement its approved plan as it relates to the processing
    19     and disposal of such waste.
    20     (b)  Joint planning.--Any two or more counties may adopt and
    21  implement a single municipal waste management plan for the
    22  municipal waste generated within the combined area of the
    23  counties.
    24     (c)  Ordinances and resolutions.--In carrying out its duties
    25  under this section, a county may adopt ordinances, resolutions,
    26  regulations and standards for the processing and disposal of
    27  municipal waste, which shall not be less stringent than, and not
    28  in violation of or inconsistent with, the provisions and
    29  purposes of the Solid Waste Management Act, this act and the
    30  regulations promulgated pursuant thereto.
    19870S0528B1415                 - 20 -

     1     (d)  Delegation of county responsibility.--A county may enter
     2  into a written agreement with another municipality or municipal
     3  authority pursuant to which the person undertakes to fulfill
     4  some or all of the county's responsibilities under this act for
     5  municipal waste planning and implementation of the approved
     6  county plan. Any such person shall be jointly and severally
     7  responsible with the county for municipal waste planning and
     8  implementation of the approved county plan in accordance with
     9  this act and the regulations promulgated pursuant thereto.
    10     (e)  Designated sites.--A county with an approved municipal
    11  waste management plan that was submitted pursuant to section
    12  501(a) or (c) of this act is also authorized to require that all
    13  municipal wastes generated within its boundaries shall be
    14  processed or disposed at a designated processing or disposal
    15  facility that is contained in the approved plan and permitted by
    16  the department under the act of July 7, 1980 (P.L.380, No.97),
    17  known as the Solid Waste Management Act. No county shall direct
    18  municipal waste that would otherwise be recycled to any resource
    19  recovery facility or other facility for purposes other than
    20  recycling such waste.
    21     (f)  Report.--On or before April 1 of each year, each county
    22  shall submit a report to the department describing:
    23         (1)  Its progress in implementing its department-approved
    24     municipal waste management plan or in developing such a plan.
    25         (2)  The weight or volume of materials that were recycled
    26     by municipal recycling programs in the county in the
    27     preceding calendar year.
    28  Section 304.  Powers and duties of municipalities other than
    29                 counties.
    30     (a)  Responsibility of other municipalities.--Each
    19870S0528B1415                 - 21 -

     1  municipality other than a county shall have the power and its
     2  duty shall be to assure the proper and adequate transportation,
     3  collection and storage of municipal waste which is generated or
     4  present within its boundaries and to adopt and implement
     5  programs for the collection and recycling of municipal waste as
     6  provided in this act.
     7     (b)  Ordinances.--In carrying out its duties under this
     8  section, a municipality other than a county may adopt
     9  resolutions, ordinances, regulations and standards for the
    10  transportation, storage and collection of municipal wastes,
    11  which shall not be less stringent than, and not in violation of
    12  or inconsistent with, the provisions and purposes of the Solid
    13  Waste Management Act, this act and the regulations promulgated
    14  pursuant thereto.
    15     (c)  Delegation of responsibility.--A municipality other than
    16  a county may contract with any municipality or municipal
    17  authority to carry out its duties for the transportation,
    18  collection and storage of municipal waste, if the
    19  transportation, collection or storage activity or facility is
    20  conducted or operated in a manner that is consistent with the
    21  Solid Waste Management Act, this act and the regulations
    22  promulgated pursuant thereto.
    23     (d)  Designated sites.--A municipality other than a county
    24  may require by ordinance that all municipal waste generated
    25  within its jurisdiction shall be disposed of at a designated
    26  permitted facility. Such ordinance shall remain in effect until
    27  the county in which the municipality is located adopts a waste
    28  flow control ordinance as part of a plan submitted to the
    29  department pursuant to section 501(a) or (c) and approved by the
    30  department. Except as provided in section 502(m), any such
    19870S0528B1415                 - 22 -

     1  county ordinance shall supersede any such municipal ordinance to
     2  the extent that the municipal ordinance is inconsistent with the
     3  county ordinance.
     4     (e)  Term and renewals of certain contracts.--The governing
     5  body of a municipality other than a county shall have the power
     6  to, and may, enter into contracts having an initial term of five
     7  years with optional renewal periods of up to five years with
     8  persons responsible for the collection or transportation of
     9  municipal waste generated within the municipality. The
    10  provisions of this subsection shall not apply to the disposal of
    11  municipal solid waste. The limitations imposed on contracts by
    12  section 1502(XXVII) of the act of June 24, 1931 (P.L.1206,
    13  No.331), known as The First Class Township Code, and section 702
    14  (VIII) of the act of May 1, 1933 (P.L.103, No.69), known as The
    15  Second Class Township Code, shall not apply to contracts entered
    16  into pursuant to this act.
    17     (f)  Report.--On or before February 15 of each year, each
    18  municipality other than a county that is implementing a
    19  recycling program shall submit a report to the county in which
    20  the municipality is located. The report shall describe the
    21  weight or volume of materials that were recycled by the
    22  municipal recycling program in the preceding calendar year.
    23                             CHAPTER 5
    24                      MUNICIPAL WASTE PLANNING
    25  Section 501.  Schedule for submission of municipal waste
    26                 management plans.
    27     (a)  Submission of plan.--Except as provided in subsections
    28  (b) and (c), each county shall submit to the department within
    29  two and one-half years of the effective date of this act an
    30  officially adopted plan for a municipal waste management plan
    19870S0528B1415                 - 23 -

     1  for municipal waste generated within its boundaries. Such plan
     2  shall be consistent with the requirements of this act.
     3     (b)  Existing plans.--A county that has submitted a complete
     4  municipal waste management plan to the department for approval
     5  on or before 30 days from the effective date of this act, shall
     6  be deemed to have a plan approved pursuant to section 505 if, on
     7  or before the effective date of this act:
     8         (1)  The department has granted technical or preliminary
     9     approval of such plan under 25 Pa. Code §§ 75.11 through
    10     75.13.
    11         (2)  More than one-half of the municipalities within the
    12     county, representing more than one-half of the county's
    13     population as determined by the most recent decennial census
    14     by the United States Bureau of the Census, have adopted
    15     resolutions approving such plan.
    16     (c)  Plan revisions.--Each county with an approved municipal
    17  waste management plan shall submit a revised plan to the
    18  department in accordance with the requirements of this act:
    19         (1)  At least three years prior to the time all remaining
    20     available permitted capacity for the county will be
    21     exhausted.
    22         (2)  For plans approved pursuant to subsection (b),
    23     within two years of the effective date of this act. Such plan
    24     revisions shall be consistent with the requirements of this
    25     chapter except to the extent that the county demonstrates to
    26     the department's satisfaction that irrevocable contracts made
    27     by or pursuant to the approved plan preclude compliance with
    28     the requirements of this chapter.
    29         (3)  When otherwise required by the department.
    30     (d)  Procedure for considering plan revisions.--At least 30
    19870S0528B1415                 - 24 -

     1  days before submitting any proposed plan revision to the
     2  department, the county shall submit a copy of the proposed
     3  revision to the advisory committee established pursuant to
     4  section 503 and to each municipality within the county. All plan
     5  revisions that are determined by the county or by the department
     6  to be substantial shall be subject to the requirements of
     7  sections 503 and 504. The plan revisions required by subsection
     8  (c)(2) shall be considered substantial plan revisions.
     9  Section 502.  Content of municipal waste management plans.
    10     (a)  General rule.--Except as provided in section 501(b),
    11  every plan submitted after the effective date of this act shall
    12  comply with the provisions of this section.
    13     (b)  Description of waste.--The plan shall describe and
    14  explain the origin, content and weight or volume of municipal
    15  waste currently generated within the county's boundaries, and
    16  the origin, content and weight or volume of municipal waste that
    17  will be generated within the county's boundaries during the next
    18  ten years.
    19     (c)  Description of facilities.--The plan shall identify and
    20  describe the facilities where municipal waste is currently being
    21  disposed or processed and the remaining available permitted
    22  capacity of such facilities and the capacity which could be made
    23  available through expansion of such facilities. The plan shall
    24  contain an analysis of the effect of current and planned
    25  recycling on waste generated within the county. The plan shall
    26  also explain the extent to which existing facilities will be
    27  used during the life of the plan, and shall not substantially
    28  impair the use of their remaining permitted capacity or of
    29  capacity which could be made available through expansion of such
    30  facilities. For purposes of this subsection, existing facilities
    19870S0528B1415                 - 25 -

     1  shall include facilities for which a permit application under
     2  the Solid Waste Management Act is filed with the department
     3  within one year from the effective date of this act or the date
     4  a plan is approved, whichever is the later, unless such permit
     5  application is denied by the department. In addition, the plan
     6  shall give consideration to the potential expansion of existing
     7  municipal waste processing or disposal facilities located in the
     8  county. For the purposes of this subsection, the department
     9  shall determine whether applications are complete within 90 days
    10  of their receipt and, if incomplete, specify to the applicant
    11  all deficiencies of the application.
    12     (d)  Estimated future capacity.--The plan shall estimate the
    13  processing or disposal capacity needed for the municipal waste
    14  that will be generated in the county during the next ten years.
    15  The assessment shall describe the primary variables affecting
    16  this estimate and the extent to which they can reasonably be
    17  expected to affect the estimate, including, but not limited to,
    18  the amount of residual waste disposed or processed at municipal
    19  waste disposal or processing facilities in the county and the
    20  extent to which residual waste may be disposed or processed at
    21  such facilities during the next ten years.
    22     (e)  Description of recyclable waste.--
    23         (1)  The plan shall describe and evaluate:
    24             (i)  The kind and weight or volume of municipal waste
    25         that could be recycled, giving consideration at a minimum
    26         to the following materials: clear glass, colored glass,
    27         aluminum, steel and bimetallic cans, high grade office
    28         paper, newsprint, corrugated paper, plastics, leaf waste
    29         and grass clippings.
    30             (ii)  Potential benefits of recycling, including the
    19870S0528B1415                 - 26 -

     1         potential solid waste reduction and the avoided cost of
     2         municipal waste processing or disposal.
     3             (iii)  Existing materials recovery operations and the
     4         kind and weight or volume of materials recycled by the
     5         operations, whether public or private.
     6             (iv)  The compatibility of recycling with other
     7         municipal waste processing or disposal methods, giving
     8         consideration to and describing anticipated and available
     9         markets for materials collected through municipal
    10         recycling programs.
    11             (v)  Proposed or existing collection methods for
    12         recyclable materials.
    13             (vi)  Options for ensuring the collection of
    14         recyclable materials.
    15             (vii)  Options for the processing, storage and sale
    16         of recyclable materials, including market commitments.
    17         The plan shall consider the results of the market
    18         development study required by section 508, if the results
    19         are available.
    20             (viii)  Options for municipal cooperation or
    21         agreement for the collection, processing and sale of
    22         recyclable materials.
    23             (ix)  A schedule for implementation of the recycling
    24         program.
    25             (x)  Estimated costs of operating and maintaining a
    26         recycling program, estimated revenue from the sale or use
    27         of materials and avoided costs of processing or disposal.
    28             (xi)  What consideration for the collection,
    29         marketing and disposition of recyclable materials will be
    30         accorded to persons engaged in the business of recycling
    19870S0528B1415                 - 27 -

     1         on the effective date of this act, whether or not the
     2         persons are operating for profit.
     3         (2)  Any county containing municipalities that are
     4     required by section 1501 to implement recycling programs
     5     shall take the provisions of that section into account in
     6     preparing the recycling portion of its plan.
     7         (3)  Nothing in this chapter shall be construed or
     8     understood to require preparation of a county municipal waste
     9     management plan prior to developing and implementing any
    10     recycling program required by Chapter 15.
    11     (f)  Financial factors.--The plan shall describe the type,
    12  mix, size, expected cost and proposed methods of financing the
    13  facilities, recycling programs or waste reduction programs that
    14  are proposed for the processing and disposal of the municipal
    15  waste that will be generated within the county's boundaries
    16  during the next ten years. For every proposed facility,
    17  recycling program or waste reduction program, the plan shall
    18  discuss all of the following:
    19         (1)  Explain in detail the reason for selecting such
    20     facility or program.
    21         (2)  Describe alternative facilities or programs,
    22     including, but not limited to, waste reduction, recycling, or
    23     resource recovery facilities or programs, that were
    24     considered.
    25         (3)  Evaluate the environmental, energy, life cycle cost
    26     and economic advantages and disadvantages of the proposed
    27     facility or program as well as the alternatives considered.
    28         (4)  Show that adequate provision for existing and
    29     reasonably anticipated future recycling has been made in
    30     designing the size of any proposed facility.
    19870S0528B1415                 - 28 -

     1         (5)  Set forth a time schedule and program for planning,
     2     design, siting, construction and operation of each proposed
     3     facility or program.
     4     (g)  Location.--The plan shall identify the general location
     5  within a county where each municipal waste processing or
     6  disposal facility and each recycling operation identified in
     7  subsection (f) will be located, and either identify the site of
     8  each facility if the site has already been chosen or explain how
     9  the site will be chosen. For any facility that is proposed to be
    10  located outside the county, the plan shall explain in detail the
    11  reasons for selecting such a facility.
    12     (h)  Implementing entity identification.--The plan shall
    13  identify the governmental entity that will be responsible for
    14  implementing the plan on behalf of the county and describe the
    15  legal basis for that entity's authority to do so.
    16     (i)  Public function.--Where the county determines that it is
    17  in the public interest for municipal waste transportation,
    18  processing and disposal to be a public function, the plan shall
    19  provide for appropriate mechanisms.
    20     (j)  Copies of ordinances and resolutions.--The plan shall
    21  include any proposed waste flow control ordinances or
    22  requirements that will be used to insure the operation of any
    23  facilities proposed in the plan. For each ordinance or
    24  requirement, the plan shall identify the areas of the county to
    25  be affected, the expected effective date and the implementing
    26  mechanism.
    27     (k)  Orderly extension.--The plan shall provide for the
    28  orderly extension of municipal waste management systems in a
    29  manner that is consistent with the needs of the area and is also
    30  consistent with any existing State, regional or local plans
    19870S0528B1415                 - 29 -

     1  affecting the development, use and protection of air, water,
     2  land or other natural resources. The plan shall also take into
     3  consideration planning, zoning, population estimates,
     4  engineering and economics.
     5     (l)  Other information.--The plan shall include any other
     6  information that the department may require.
     7     (m)  Noninterference with certain resource recovery
     8  facilities and landfills.--
     9         (1)  No county municipal waste management plan shall
    10     interfere with any of the following:
    11             (i)  The design, construction or operation of any
    12         municipal waste processing, disposal or resource recovery
    13         facility or the reasonable expansion of such facility or
    14         municipal waste landfill that is part of a complete
    15         municipal waste management plan submitted by a
    16         municipality or organization of municipalities under the
    17         Solid Waste Management Act prior to the effective date of
    18         this act or the date such plan is undertaken, whichever
    19         is the later, and for which a complete permit application
    20         under the Solid Waste Management Act is submitted to the
    21         department within one year of the effective date of this
    22         act.
    23             (ii)  The projects, plans or operations of a
    24         municipality authority created under the act of May 2,
    25         1945 (P.L.382, No.164), known as the Municipality
    26         Authorities Act of 1945, or of an organization of
    27         municipalities which (municipality authority or
    28         organization of municipalities) is created by two or more
    29         municipalities prior to the effective date of this act
    30         for the purposes of providing for collection, storage,
    19870S0528B1415                 - 30 -

     1         transportation, processing or disposal of solid waste
     2         generated within the municipalities and which
     3         (municipality authority or organization of
     4         municipalities) submits to the department within two
     5         years of the effective date of this act, and has approved
     6         by the department, a solid waste management plan,
     7         consistent with the other provisions of this section,
     8         that includes each member municipality. This subparagraph
     9         applies to the projects, plans and operations of
    10         municipalities which are members of the municipality
    11         authority or organization of municipalities.
    12         (2)  Within 120 days after receiving a complete plan, the
    13     department shall give it preliminary or technical approval
    14     under 25 Pa. Code §§ 75.11 through 75.13 or disapprove it.
    15     For the purposes of this subsection, the department shall
    16     determine whether applications are complete within 90 days of
    17     their receipt and, if incomplete, specify to the applicant
    18     all deficiencies of the application.
    19  Section 503.  Development of municipal waste management plans.
    20     (a)  Advisory committee.--Prior to preparing a plan or
    21  substantial plan revisions for submission to the department in
    22  accordance with the provisions of this act, the county shall
    23  form an advisory committee, which shall include representatives
    24  of all classes of municipalities within the county, citizen
    25  organizations, industry, the county recycling coordinator, if
    26  one exists, and any other persons deemed appropriate by the
    27  county. The advisory committee shall review the plan during its
    28  preparation, make suggestions and propose any changes it
    29  believes appropriate.
    30     (b)  Written notice.--The county shall provide written notice
    19870S0528B1415                 - 31 -

     1  to all municipalities within the county when plan development
     2  begins and shall provide periodic written progress reports to
     3  such municipalities concerning the preparation of the plan.
     4     (c)  Review and comment.--Prior to adoption by the governing
     5  body of the county, the county shall submit copies of the
     6  proposed plan for review and comment to the department, all
     7  municipalities within the county, all areawide planning agencies
     8  and the county health department, if one exists. The county
     9  shall also make the proposed plan available for public review
    10  and comment. The period for review and comment shall be 90 days.
    11  The county shall hold at least one public hearing on the
    12  proposed plan during this period. The plan subsequently
    13  submitted to the governing body of the county for adoption shall
    14  be accompanied by a document containing written responses to
    15  comments made during the comment period.
    16     (d)  Adoption and ratification of plan.--The governing body
    17  of the county shall adopt a plan within 60 days from the end of
    18  the public comment period. Not later than ten days following
    19  adoption of a plan by the governing body of the county, the plan
    20  shall be sent to municipalities within the county for
    21  ratification. If a municipality does not act on the plan within
    22  90 days of its submission to such municipality, it shall be
    23  deemed to have ratified the plan. If more than one-half of the
    24  municipalities, representing more than one-half of the county's
    25  population as determined by the most recent decennial census by
    26  the United States Bureau of the Census, ratify the plan, then
    27  the county within ten days of ratification shall submit the plan
    28  to the department for approval.
    29     (e)  Statement of objections.--A municipality may not
    30  disapprove of a proposed county plan unless the municipality's
    19870S0528B1415                 - 32 -

     1  resolution of disapproval contains a concise statement of its
     2  objections to the plan. Each municipality disapproving a plan
     3  shall immediately transmit a copy of its resolution of
     4  disapproval to the county and the advisory committee. a
     5  conditional approval shall be considered a disapproval.
     6  Section 504.  Failure to ratify plan.
     7     (a)  Submission.--If the plan is not ratified as provided in
     8  section 503(d), the county shall meet with the advisory
     9  committee to discuss the reasons that the plan was not ratified.
    10  The advisory committee shall submit a recommendation concerning
    11  a revised county plan to the county within 45 days after it
    12  becomes apparent that the plan has failed to obtain
    13  ratification. The advisory committee's recommendation shall
    14  specifically address the objections stated by municipalities in
    15  their resolutions of disapproval of the county plan.
    16     (b)  Adoption of revised plan by county.--The governing body
    17  of the county shall adopt a revised plan within 75 days after it
    18  has become apparent that the original plan has failed to obtain
    19  ratification. Not later than five days following adoption of a
    20  revised plan by the governing body of the county, the plan shall
    21  be sent to municipalities within the county for ratification. If
    22  a municipality does not act on the revised plan within 45 days
    23  of its submission to such municipality, it shall be deemed to
    24  have ratified the plan. If more than one-half of the
    25  municipalities, representing more than one-half of the county's
    26  population as determined by the most recent decennial census by
    27  the United States Bureau of the Census, ratify the revised plan,
    28  then the county within ten days of ratification shall submit the
    29  revised plan to the department for approval.
    30     (c)  Statement of objections.--A municipality may not
    19870S0528B1415                 - 33 -

     1  disapprove of a proposed revised county plan unless the
     2  municipality's resolution of disapproval contains a concise
     3  statement of its objections to the plan. Each municipality shall
     4  immediately transmit a copy of its resolution of disapproval to
     5  the county.
     6     (d)  Failure to ratify revised plan.--If the plan is not
     7  ratified as provided in subsection (b), the county shall submit
     8  the revised plan to the department for approval. The revised
     9  plan shall be submitted within ten days after it is apparent
    10  that the plan has failed to obtain ratification and shall be
    11  accompanied by the county's written response to the objections
    12  stated by municipalities in the resolutions of disapproval.
    13  Section 505.  Review of municipal waste management plans.
    14     (a)  Departmental approval options.--Within 30 days after
    15  receiving a complete plan, the department shall approve,
    16  conditionally approve or disapprove it, unless the department
    17  gives written notice that additional time is necessary to
    18  complete its review. If the department gives such notice, it
    19  shall have 30 additional days to render a decision.
    20     (b)  Minimum plan requirement.--The department shall not
    21  approve any county plan unless the plan demonstrates to the
    22  satisfaction of the department that:
    23         (1)  The plan is complete and accurate.
    24         (2)  The plan provides for the maximum feasible
    25     development and implementation of recycling programs.
    26         (3)  The plan provides for the processing and disposal of
    27     municipal waste in a manner that is consistent with the
    28     requirements of the Solid Waste Management Act, and the
    29     regulations promulgated pursuant thereto.
    30         (4)  The plan provides for the processing and disposal of
    19870S0528B1415                 - 34 -

     1     municipal waste for at least ten years.
     2     (c)  Zoning powers unaffected.--Nothing in this act shall be
     3  construed or understood to enlarge or diminish the authority of
     4  municipalities to adopt ordinances pursuant to, or to exempt
     5  persons acting under the authority of this act from the
     6  provisions of the act of July 31, 1968 (P.L.805, No.247), known
     7  as the Pennsylvania Municipalities Planning Code.
     8  Section 506.  Contracts.
     9     (a)  General rule.--Except as otherwise provided in this act,
    10  nothing in this act shall be construed to interfere with, or in
    11  any way modify, the provisions of any contract for municipal
    12  waste disposal, processing or collection in force in any county,
    13  other municipality or municipal authority upon the effective
    14  date of this act.
    15     (b)  Renewals.--No renewal of any existing contract upon the
    16  expiration or termination of the original term thereof, and no
    17  new contract for municipal waste disposal, processing or
    18  collection shall be entered into after the effective date of
    19  this act, unless such renewal or such new contract shall conform
    20  to the applicable provisions of this act and a department-
    21  approved municipal waste management plan.
    22     (c)  Renegotiation option.--If no plan has been approved for
    23  the county, no contract renewal or new contract for municipal
    24  waste disposal, processing or collection shall be entered into
    25  unless such contract contains a provision for renegotiation to
    26  conform to the approved plan when such plan is approved by the
    27  department.
    28  Section 507.  Relationship between plans and permits.
    29     After the date of departmental approval of a county municipal
    30  waste management plan under section 505, the department may not
    19870S0528B1415                 - 35 -

     1  issue any new permit, or any permit that results in additional
     2  capacity, for a municipal waste landfill or resource recovery
     3  facility under the act of July 7, 1980 (P.L.380, No.97), known
     4  as the Solid Waste Management Act, in the county unless the
     5  applicant demonstrates to the department's satisfaction that the
     6  proposed facility:
     7         (1)  is provided for in the plan for the county; or
     8         (2)  meets all of the following requirements:
     9             (i)  The proposed facility will not interfere with
    10         implementation of the approved plan.
    11             (ii)  The proposed facility will not interfere with
    12         municipal waste collection, storage, transportation,
    13         processing or disposal in the host county.
    14             (iii)  The governing body of the proposed host county
    15         has provided a written statement approving the location
    16         of the proposed facility, or the proposed location of the
    17         facility is preferable to alternative locations, giving
    18         consideration to environmental and economic factors.
    19  Section 508.  Studies.
    20     (a)  Market development for recyclable municipal waste.--
    21  Within 15 months after the effective date of this act, the
    22  department shall submit to the General Assembly a report that
    23  describes:
    24         (1)  The current and projected capacity of existing
    25     markets to absorb materials generated by municipal recycling
    26     programs in this Commonwealth.
    27         (2)  Market conditions that inhibit or affect demand for
    28     materials generated by municipal recycling programs.
    29         (3)  Potential opportunities to increase demand for and
    30     use of materials generated by municipal recycling programs.
    19870S0528B1415                 - 36 -

     1         (4)  Recommendations for specific actions to increase and
     2     stabilize the demand for materials generated by municipal
     3     recycling programs, including, but not limited to, proposed
     4     legislation if necessary.
     5     (b)  Update of market study.--Within three years after the
     6  completion of the market development study described in
     7  subsection (a), the department shall submit to the General
     8  Assembly an update of the study, taking into account information
     9  developed since its completion.
    10     (c)  Waste reduction.--Within 24 months after the effective
    11  date of this act, the department shall submit to the General
    12  Assembly a report:
    13         (1)  That describes various mechanisms that could be
    14     utilized to stimulate and enhance waste reduction, including
    15     their advantages and disadvantages. The mechanisms to be
    16     analyzed shall include, but not be limited to, incentives for
    17     prolonging product life, methods for ensuring product
    18     recyclability, labeling requirements for recyclable products
    19     and products with recycled content, taxes for excessive
    20     packaging, tax incentives, prohibitions on the use of certain
    21     products and performance standards for products.
    22         (2)  That includes recommendations to stimulate and
    23     enhance waste reduction, including, but not limited to,
    24     proposed legislation if necessary.
    25     (d)  Update of waste reduction study.--Within three years
    26  after the completion of the waste reduction study described in
    27  subsection (c), the department shall submit to the General
    28  Assembly an update of the study, taking into account information
    29  developed since its completion.
    30  Section 509.  Best available technology.
    19870S0528B1415                 - 37 -

     1     (a)  Publication of criteria.--The department, after public
     2  notice and an opportunity for comment, shall publish in the
     3  Pennsylvania Bulletin criteria for best available technology (as
     4  defined in 25 Pa. Code § 121.1 (relating to definitions)) for
     5  new resource recovery facilities.
     6     (b)  Restriction on issuance of certain permits.--The
     7  department shall not issue any approval or permit for a resource
     8  recovery facility under the act of January 8, 1960 (1959
     9  P.L.2119, No.787), known as the Air Pollution Control Act, that
    10  is less stringent than any provision of the applicable best
    11  available technology criteria. The department shall require any
    12  resource recovery facility to operate in compliance with the
    13  applicable best available technology criteria.
    14     (c)  Operation tests and reports.--The operator of any
    15  resource recovery facility shall conduct tests for emissions of
    16  particulate matter in accordance with standards of performance
    17  for new sources specified by the United States Environmental
    18  Protection Agency for incinerators, resource recovery facilities
    19  and associated control devices and shall report the results in a
    20  manner established by the department.
    21  Section 510.  Permit requirements.
    22     The department shall not issue any approval or permit for a
    23  resource recovery facility under the act of July 7, 1980
    24  (P.L.380, No.97), known as the Solid Waste Management Act,
    25  unless the applicant has provided the department with adequate
    26  documentation and assurances that all ash residue produced from
    27  or by a resource recovery facility will be disposed at a
    28  permitted landfill. Prior to the approval of any permit
    29  application for a resource recovery facility, the operator shall
    30  submit a plan to the department for the alternate disposal of
    19870S0528B1415                 - 38 -

     1  municipal waste designated for disposal at the resource recovery
     2  facility.
     3  SECTION 511.  SITE LIMITATION.                                    <--
     4     NO MUNICIPAL WASTE LANDFILL OR RESOURCE RECOVERY FACILITY
     5  SHALL BE LOCATED WITHIN 300 YARDS OF A PARK, PLAYGROUND OR
     6  SCHOOL. THE DEPARTMENT SHALL NOT ISSUE A PERMIT TO ANY OPERATOR
     7  OF SUCH A LANDFILL OR FACILITY AS DEFINED IN THIS SECTION. FOR
     8  PURPOSES OF THIS SECTION, A MUNICIPAL WASTE LANDFILL OR RESOURCE
     9  RECOVERY FACILITY SHALL INCLUDE THE PROCESSING, COMPACTING,
    10  TREATMENT, STORAGE, OFF-LOADING, TRANSFERRING OR IN ANY OTHER
    11  WAY DEALING WITH MUNICIPAL WASTE.
    12                             CHAPTER 7
    13                           RECYCLING FEE
    14  Section 701.  Recycling fee for municipal waste landfills and
    15                 resource recovery facilities.
    16     (a)  Imposition.--There is imposed a recycling fee of $1.25
    17  per ton for all solid waste processed at resource recovery
    18  facilities and for all solid waste except process residue and
    19  nonprocessible waste from a resource recovery facility that is
    20  disposed of at municipal waste landfills. Such fee shall be paid
    21  by the operator of each municipal waste landfill and resource
    22  recovery facility.
    23     (b)  Alternative calculation.--The fee for operators of
    24  municipal waste landfills and resource recovery facilities that
    25  do not weigh solid waste when it is received shall be calculated
    26  as if three cubic yards were equal to one ton of solid waste.
    27     (c)  Waste weight requirement.--On and after January 1, 1988,
    28  each operator of a municipal waste landfill and resource
    29  recovery facility that has received 30,000 or more cubic yards
    30  of solid waste in the previous calendar year shall weigh all
    19870S0528B1415                 - 39 -

     1  solid waste when it is received. The scale used to weigh solid
     2  waste shall conform to the requirements of the act of December
     3  1, 1965 (P.L.988, No.368), known as the Weights and Measures Act
     4  of 1965, and the regulations promulgated pursuant thereto. The
     5  operator of the scale shall be a licensed public weighmaster
     6  under the act of April 28, 1961 (P.L.135, No.64), known as the
     7  Public Weighmaster's Act, and the regulations promulgated
     8  pursuant thereto.
     9     (d)  Sunset for fee.--No fee shall be imposed under this
    10  section on and after the first day of the eleventh year
    11  following the effective date of this act.
    12  Section 702.  Form and timing of recycling fee payment.
    13     (a)  Quarterly payments.--Each operator of a municipal waste
    14  landfill and resource recovery facility shall make the recycling
    15  fee payment quarterly. The fee shall be paid on or before the
    16  20th day of April, July, October and January for the three
    17  months ending the last day of March, June, September and
    18  December.
    19     (b)  Quarterly reports.--Each recycling fee payment shall be
    20  accompanied by a form prepared and furnished by the department
    21  and completed by the operator. The form shall state the total
    22  weight or volume of solid waste received by the facility during
    23  the payment period and provide any other aggregate information
    24  deemed necessary by the department to carry out the purposes of
    25  this act. The form shall be signed by the operator.
    26     (c)  Timeliness of payment.--The operator shall be deemed to
    27  have made a timely payment of the recycling fee if the operator
    28  complies with all of the following:
    29         (1)  The enclosed payment is for the full amount owed
    30     pursuant to this section and no further departmental action
    19870S0528B1415                 - 40 -

     1     is required for collection.
     2         (2)  The payment is accompanied by the required form, and
     3     such form is complete and accurate.
     4         (3)  The letter transmitting the payment that is received
     5     by the department is postmarked by the United States Postal
     6     Service on or prior to the final day on which the payment is
     7     to be received.
     8     (d)  Discount.--Any operator that makes a timely payment of
     9  the recycling fee as provided in this section shall be entitled
    10  to credit and apply against the fee payable, a discount of 1% of
    11  the amount of the fee collected.
    12     (e)  Refunds.--Any operator that believes he has overpaid the
    13  recycling fee may file a petition for refund to the department.
    14  If the department determines that the operator has overpaid the
    15  fee, the department shall refund to the operator the amount due
    16  him, together with interest at a rate established pursuant to
    17  section 806.1 of the act of April 9, 1929 (P.L.343, No.176),
    18  known as The Fiscal Code, from the date of overpayment. No
    19  refund of the recycling fee shall be made unless the petition
    20  for the refund is filed with the department within six months of
    21  the date of the overpayment.
    22     (f)  Alternative proof of payment.--For purposes of this
    23  section, presentation of a receipt indicating that the payment
    24  was mailed by registered or certified mail on or before the due
    25  date shall be evidence of timely payment.
    26  Section 703.  Collection and enforcement of fee.
    27     (a)  Interest.--If an operator fails to make a timely payment
    28  of the recycling fee, the operator shall pay interest on the
    29  unpaid amount due at the rate established pursuant section 806
    30  of the act of April 9, 1929 (P.L.343, No.176), known as The
    19870S0528B1415                 - 41 -

     1  Fiscal Code, from the last day for timely payment to the date
     2  paid.
     3     (b)  Additional penalty.--In addition to the interest
     4  provided in subsection (a), if an operator fails to make timely
     5  payment of the recycling fee, there shall be added to the amount
     6  of fee actually due 5% of the amount of such fee, if the failure
     7  to file a timely payment is for not more than one month, with an
     8  additional 5% for each additional month, or fraction thereof,
     9  during which such failure continues, not exceeding 25% in the
    10  aggregate.
    11     (c)  Assessment notices.--
    12         (1)  If the department determines that any operator has
    13     not made a timely payment of the recycling fee, it will send
    14     the operator a written notice of the amount of the
    15     deficiency, within 30 days of determining such deficiency.
    16     When the operator has not provided a complete and accurate
    17     statement of the weight or volume of solid waste received at
    18     the facility for the payment period, the department may
    19     estimate the weight or volume in its notice.
    20         (2)  The operator charged with the deficiency shall have
    21     30 days to pay the deficiency in full or, if the operator
    22     wishes to contest the deficiency, forward the amount of the
    23     deficiency to the department for placement in an escrow
    24     account with the State Treasurer or any Pennsylvania bank, or
    25     post an appeal bond in the amount of the deficiency. Such
    26     bond shall be executed by a surety licensed to do business in
    27     this Commonwealth and be satisfactory to the department.
    28     Failure to forward the money or the appeal bond to the
    29     department within 30 days shall result in a waiver of all
    30     legal rights to contest the deficiency.
    19870S0528B1415                 - 42 -

     1         (3)  If, through administrative or judicial review of the
     2     deficiency, it is determined that the amount of deficiency
     3     shall be reduced, the department shall within 30 days remit
     4     the appropriate amount to the operator, with any interest
     5     accumulated by the escrow deposit.
     6         (4)  The amount determined after administrative hearing
     7     or after waiver of administrative hearing shall be payable to
     8     the Commonwealth and shall be collectible in the manner
     9     provided in section 1709.
    10         (5)  Any other provision of law to the contrary
    11     notwithstanding, there shall be a statute of limitations of
    12     five years upon actions brought by the Commonwealth pursuant
    13     to this section.
    14         (6)  If any amount due hereunder remains unpaid 30 days
    15     after receipt of notice thereof, the department may order the
    16     operator of the facility to cease receiving any solid waste
    17     until the amount of the deficiency is completely paid.
    18     (d)  Filing of appeals.--Notwithstanding any other provision
    19  of law, all appeals of final department actions concerning the
    20  resource recovery fee, including, but not limited to, petitions
    21  for refunds, shall be filed with the Environmental Hearing
    22  Board.
    23     (e)  Constructive trust.--All recycling fees collected by an
    24  operator and held by such operator prior to payment to the
    25  department shall constitute a trust fund for the Commonwealth,
    26  and such trust shall be enforceable against such operator, its
    27  representatives and any person receiving any part of such fund
    28  without consideration or with knowledge that the operator is
    29  committing a breach of the trust. However, any person receiving
    30  payment of lawful obligation of the operator from such fund
    19870S0528B1415                 - 43 -

     1  shall be presumed to have received the same in good faith and
     2  without any knowledge of the breach of trust.
     3     (f)  Remedies cumulative.--The remedies provided to the
     4  department in this section are in addition to any other remedies
     5  provided at law or in equity.
     6  Section 704.  Records.
     7     Each operator shall keep daily records of all deliveries of
     8  solid waste to the facility as required by the department,
     9  including, but not limited to, the name and address of the
    10  hauler, the source of the waste, the kind of waste received and
    11  the weight or volume of the waste. A copy of these records shall
    12  be maintained at the site by the operator for no less than five
    13  years and shall be made available to the department for
    14  inspection, upon request.
    15  Section 705.  Surcharge.
    16     The provisions of any law to the contrary notwithstanding,
    17  the operator may collect the fee imposed by this section as a
    18  surcharge on any fee schedule established pursuant to law,
    19  ordinance, resolution or contract for solid waste processing or
    20  disposal operations at the facility. In addition, any person who
    21  collects or transports solid waste subject to the recycling fee
    22  to a municipal waste landfill or resource recovery facility may
    23  impose a surcharge on any fee schedule established pursuant to
    24  law, ordinance, resolution or contract for the collection or
    25  transportation of solid waste to the facility. The surcharge
    26  shall be equal to the increase in disposal fees at the facility
    27  attributable to the recycling fee. However, interest and
    28  penalties on the fee under section 703(a) and (b) may not be
    29  collected as a surcharge.
    30  Section 706.  Recycling Fund.
    19870S0528B1415                 - 44 -

     1     (a)  Establishment.--All fees received by the department
     2  pursuant to section 701 shall be paid into the State Treasury
     3  into a special fund to be known as the Recycling Fund, which is
     4  hereby established.
     5     (b)  Appropriation.--All moneys placed in the Recycling Fund
     6  are hereby appropriated to the department for the purposes set
     7  forth in this section. The department shall, from time to time,
     8  submit to the Governor for his approval estimates of amounts to
     9  be expended under this act.
    10     (c)  Allocations.--The department shall, to the extent
    11  practicable, allocate the moneys received by the Recycling Fund,
    12  including all interest generated thereon, in the following
    13  manner over the life of the fund:
    14         (1)  At least 70% shall be expended by the department for
    15     grants to municipalities for the development and
    16     implementation of recycling programs as set forth in section
    17     902, recycling coordinators as provided in section 903, and
    18     market development and waste reduction studies as set forth
    19     in section 508; for implementation of the recommendations in
    20     the studies required by section 508; and for research
    21     conducted or funded by the Department of Transportation
    22     pursuant to section 1505.
    23         (2)  Up to 10% may be expended by the department for
    24     grants for feasibility studies for municipal waste processing
    25     and disposal facilities, except for facilities for the
    26     combustion of municipal waste that are not proposed to be
    27     operated for the recovery of energy as set forth in section
    28     901.
    29         (3)  Up to 30% may be expended by the department for
    30     public information, public education and technical assistance
    19870S0528B1415                 - 45 -

     1     programs concerning recycling and waste reduction, including
     2     technical assistance programs for counties and other
     3     municipalities, for research and demonstration projects, for
     4     planning grants as set forth in section 901, for the host
     5     inspector training program as set forth in section 1102, and
     6     for other purposes consistent with this act.
     7         (4)  No more than 3% may be expended for the collection
     8     and administration of moneys in the fund.
     9     (d)  Transfer.--On the first day of the sixteenth year after
    10  the fee imposed by section 701 becomes effective, all moneys in
    11  the Recycling Fund that are not obligated shall be transferred
    12  to the Solid Waste Abatement Fund and expended in the same
    13  manner as other moneys in the Solid Waste Abatement Fund. On the
    14  first day of the nineteenth year after the fee imposed by
    15  section 701 becomes effective, all moneys in the Recycling Fund
    16  that are not expended shall be transferred to the Solid Waste
    17  Abatement Fund and expended in the same manner as other moneys
    18  in the Solid Waste Abatement Fund.
    19     (e)  Advisory committee.--The secretary shall establish a
    20  Recycling Fund Advisory Committee composed of representatives of
    21  counties, other municipalities, municipal authorities, the
    22  municipal waste management industry, the municipal waste
    23  recycling industry and the general public. The committee shall
    24  meet at least annually to review the Commonwealth's progress in
    25  meeting the goals under section 102(c), to recommend priorities
    26  on expenditures from the fund, and to advise the secretary on
    27  associated activities concerning the administration of the fund.
    28  The department shall reimburse members of the committee for
    29  reasonable travel, hotel and other necessary expenses incurred
    30  in performance of their duties under this section.
    19870S0528B1415                 - 46 -

     1     (f)  Annual reports.--The department shall submit an annual
     2  report to the General Assembly on receipts to and disbursements
     3  from the Recycling Fund in the previous fiscal year, projections
     4  for revenues and expenditures in the coming fiscal year, and the
     5  Commonwealth's progress in achieving the goals set forth in
     6  section 102(c).
     7                             CHAPTER 9
     8                               GRANTS
     9  Section 901.  Planning grants.
    10     The department may, upon application from a county, award
    11  grants for the cost of preparing municipal waste management
    12  plans in accordance with this act; for carrying out related
    13  studies, surveys, investigations, inquiries, research and
    14  analyses, including those related by siting; and for
    15  environmental action MEDIATION. The department may also award     <--
    16  grants under this section for feasibility studies and project
    17  development for municipal waste processing or disposal
    18  facilities, except for facilities for the combustion of
    19  municipal waste that are not proposed to be operated for the
    20  recovery of energy. The application shall be made on a form
    21  prepared and furnished by the department. The application shall
    22  contain such information as the department deems necessary to
    23  carry out the provisions and purposes of this act. The grant to
    24  any county under this section shall be 50% of the approved cost
    25  of such plans and studies.
    26  Section 902.  Grants for development and implementation of
    27                 municipal recycling programs.
    28     (a)  Authorization.--The department may award grants for
    29  development and implementation of municipal recycling programs,
    30  upon application from any municipality. The grant provided by
    19870S0528B1415                 - 47 -

     1  this section may be used to identify markets, develop a public
     2  education campaign, purchase collection and storage equipment,
     3  and do other things necessary to establish a municipal recycling
     4  program. The grant may be used to purchase collection equipment,
     5  only to the extent needed for collection of recyclable
     6  materials, and mechanical processing equipment, only to the
     7  extent that such equipment is not available to the program in
     8  the private sector. The application shall be made on a form
     9  prepared and furnished by the department. The application shall
    10  explain the structure and operation of the program and shall
    11  contain such other information as the department deems necessary
    12  to carry out the provisions and purposes of this act. The grant
    13  under this section to a municipality required by section 1501 to
    14  implement a recycling program shall be 50% of the approved cost
    15  of establishing a municipal recycling program. The grant under
    16  this section to a municipality not required by section 1501 to
    17  implement a recycling program shall be up to 50% of the approved
    18  cost of establishing a municipal recycling program.
    19     (b)  Prerequisites.--The department shall not award any grant
    20  under this section unless the application is complete and
    21  accurate and demonstrates to the department's satisfaction that:
    22         (1)  The application is complete and accurate.
    23         (2)  The recycling program for which the grant is sought
    24     does not duplicate any other recycling programs operating
    25     within the municipality.
    26         (3)  If the application is not required to implement a
    27     recycling program by section 1501, the application describes
    28     the collection system for the program, including:
    29             (i)  materials collected and persons affected;
    30             (ii)  contracts for the operation of the program;
    19870S0528B1415                 - 48 -

     1             (iii)  markets or uses for collected materials,
     2         giving consideration to the results of the market
     3         development study required by section 508 if the results
     4         are available;
     5             (iv)  ordinances or other mechanisms that will be
     6         used to ensure that materials are collected;
     7             (v)  public information and education;
     8             (vi)  program economics, including avoided processing
     9         or disposal costs; and
    10             (vii)  other information deemed necessary by the
    11         department.
    12     (c)  Municipal retroactive grants with restrictions.--The
    13  grant authorized by this section may be awarded to any
    14  municipality for eligible costs incurred for a municipal
    15  recycling program after 60 days prior to the effective date of
    16  this act. However, no grant may be authorized under this section
    17  for a municipal recycling program that has received a grant from
    18  the department under the act of July 20, 1974 (P.L.572, No.198),
    19  known as the Pennsylvania Solid Waste - Resource Recovery
    20  Development Act, except for costs that were not paid by such
    21  grant.
    22     (d)  Priority.--In awarding grants under this section, the
    23  department shall give priority to municipalities that are
    24  required by section 1501 to implement recycling programs.
    25  Section 903.  Grants for recycling coordinators.
    26     (a)  Authorization.--The department may award grants for the
    27  salary and expenses of recycling coordinators, upon application
    28  from any county. The application shall be made on a form
    29  prepared and furnished by the department. The application shall
    30  explain the duties and activities of the county recycling
    19870S0528B1415                 - 49 -

     1  coordinator. If a recycling coordinator has been active prior to
     2  the year for which the grant is sought, the application shall
     3  also explain the coordinator's activities and achievements in
     4  the previous year.
     5     (b)  Limit on grant.--The grant under this section shall not
     6  exceed 50% of the approved cost of the recycling coordinator's
     7  salary and expenses.
     8  Section 904.  General limitations.
     9     (a)  Content of application.--Each grant application under
    10  this chapter shall include provisions for an independent
    11  performance audit, which shall be completed within six months
    12  after all reimbursable work under the grant has been completed.
    13     (b)  Monetary limit on grant.--The department may not award
    14  more than 10% of the moneys available under any grant under this
    15  chapter in any fiscal year to any county, including
    16  municipalities within the county.
    17     (c)  Other limitations on grants.--The department may not
    18  award any grant under this chapter to any county or municipality
    19  that has failed to comply with the conditions set forth in
    20  previously awarded grants under this chapter, the requirements
    21  of this chapter, and any regulations promulgated pursuant
    22  thereto.
    23     (d)  Lapse of grant.--A grant offering pursuant to this
    24  chapter shall lapse automatically if funds for the grant are not
    25  encumbered within one year of the offering. To obtain the grant
    26  after an offering has lapsed, the grantee must submit a new
    27  application in a subsequent funding period.
    28     (e)  Lapse of encumbered funds.--Grant funds that have been
    29  encumbered shall lapse automatically to the recycling fund if
    30  the funds are not expended within two years after they have been
    19870S0528B1415                 - 50 -

     1  encumbered. The department may, upon written request from the
     2  grantee, extend the two-year period for an additional period of
     3  up to three months. To obtain any funds that have lapsed to the
     4  recycling fund, the grantee must submit a new application in a
     5  subsequent funding period.
     6                             CHAPTER 11
     7                    ASSISTANCE TO MUNICIPALITIES
     8  Section 1101.  Information provided to host municipalities.
     9     (a)  Departmental information.--The department will provide
    10  all of the following information to the governing body of host
    11  municipalities for municipal waste landfills and resource
    12  recovery facilities:
    13         (1)  Copies of each department inspection report for such
    14     facilities under the Solid Waste Management Act, the act of
    15     June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
    16     Law, the act of January 8, 1960 (1959 P.L.2119, No.787),
    17     known as the Air Pollution Control Act, and the act of
    18     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
    19     and Encroachments Act, within five working days after the
    20     preparation of such reports.
    21         (2)  Prompt notification of all department enforcement or
    22     emergency actions for such facilities, including, but not
    23     limited to, abatement orders, cessation orders, proposed and
    24     final civil penalty assessments, and notices of violation.
    25         (3)  Copies of all air and water quality monitoring data
    26     collected by the department at such facilities, within five
    27     working days after complete laboratory analysis of such data
    28     becomes available to the department.
    29     (b)  Operator information.--Every operator of a municipal
    30  waste landfill or resource recovery facility shall provide to
    19870S0528B1415                 - 51 -

     1  the host municipality copies of all air and water quality
     2  monitoring data as required by the department for the facility
     3  conducted by or on behalf of the operator, within five days
     4  after such data becomes available to the operator.
     5     (c)  Public information.--All information provided to the
     6  host municipality under this section shall be made available to
     7  the public for review upon request.
     8     (d)  Information to county.--If the host municipality owns or
     9  operates the municipal waste landfill or resource recovery
    10  facility, or proposes to own or operate such landfill or
    11  facility, the information required by this section shall be
    12  provided to the county within which the landfill or facility is
    13  located or proposed to be located instead of the host
    14  municipality.
    15  Section 1102.  Joint inspections with host municipalities.
    16     (a)  Training of inspectors.--
    17         (1)  The department shall establish and conduct a
    18     training program to certify host municipality inspectors for
    19     municipal waste landfills and resource recovery facilities.
    20     This program will be available to no more than two persons
    21     who have been designated in writing by the host municipality.
    22     The department shall hold training programs at least twice a
    23     year. The department shall certify host municipality
    24     inspectors upon completion of the training program and
    25     satisfactory performance in an examination administered by
    26     the department.
    27         (2)  Certified municipal inspectors are authorized to
    28     enter property, inspect records, take samples and conduct
    29     inspections. However, certified municipal inspectors may not
    30     issue orders.
    19870S0528B1415                 - 52 -

     1         (3)  The department is authorized to pay for the host
     2     inspection training program and to pay 50% of the approved
     3     cost of employing a certified host municipality inspector for
     4     a period not to exceed five years.
     5     (b)  Departmental information.--
     6         (1)  Whenever any host municipality presents information
     7     to the department which gives the department reason to
     8     believe that any municipal waste landfill or resource
     9     recovery facility is in violation of any requirement of the
    10     act of June 22, 1937 (P.L.1987, No.394), known as The Clean
    11     Streams Law, the act of January 8, 1960 (1959 P.L.2119,
    12     No.787), known as the Air Pollution Control Act, the act of
    13     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
    14     and Encroachments Act, and the Solid Waste Management Act,
    15     any regulation promulgated pursuant thereto, or the condition
    16     of any permit issued pursuant thereto, the department will
    17     promptly conduct an inspection of such facility.
    18         (2)  The department will notify the host municipality of
    19     this inspection and will allow a certified municipal
    20     inspector from the host municipality to accompany the
    21     inspector during the inspection.
    22         (3)  If there is not sufficient information to give the
    23     department reasons to believe that there is a violation, the
    24     department will provide a written explanation to the host
    25     municipality of its decision not to conduct an inspection
    26     within 30 days of the request for inspection.
    27         (4)  Upon written request of a host municipality to the
    28     department, the department will allow a certified inspector
    29     of such municipality to accompany department inspectors on
    30     routine inspections of municipal waste landfills and resource
    19870S0528B1415                 - 53 -

     1     recovery facilities.
     2     (c)  County involvement.--If the host municipality owns or
     3  operates the municipal waste landfill or resource recovery
     4  facility, the training and inspection requirements of this
     5  section shall be available to the county within which the
     6  landfill or facility is located instead of the host
     7  municipality.
     8  Section 1103.  Water supply testing for contiguous landowners.
     9     (a)  Required water sampling.--Upon written request from
    10  persons owning land contiguous to a municipal waste landfill,
    11  the operator of such landfill shall have quarterly sampling and
    12  analysis conducted of private water supplies used by such
    13  persons for drinking water. Such sampling and analysis shall be
    14  conducted by a laboratory certified pursuant to the act of May
    15  1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
    16  Drinking Water Act. The laboratory shall be chosen by the
    17  landowners from a list of regional laboratories supplied by the
    18  department. Sampling and analysis shall be at the expense of the
    19  landfill operator. Upon request the landfill operator shall
    20  provide copies of the analyses to persons operating resource
    21  recovery facilities that dispose of the residue from the
    22  facilities at the landfill.
    23     (b)  Extent of analysis.--Water supplies shall be analyzed
    24  for all parameters or chemical constituents determined by the
    25  department to be indicative of typical contamination from
    26  municipal waste landfills. The laboratory performing such
    27  sampling and analysis shall provide written copies of sample
    28  results to the landowner and to the department.
    29     (c)  Additional sampling required.--If the analysis indicates
    30  possible contamination from a municipal waste landfill, the
    19870S0528B1415                 - 54 -

     1  department may conduct, or require the landfill operator to have
     2  the laboratory conduct, additional sampling and analysis to
     3  determine more precisely the nature, extent and source of
     4  contamination.
     5     (d)  Written notice of rights.--On or before 60 days from the
     6  effective date of this act for permits issued under the Solid
     7  Waste Management Act prior to the effective date of this act,
     8  and at or before the time of permit issuance for permits issued
     9  under the Solid Waste Management Act after the effective date of
    10  this act, the operator of each municipal waste landfill shall
    11  provide contiguous landowners with written notice of their
    12  rights under this section on a form prepared by the department.
    13  Section 1104.  Water supply protection.
    14     (a)  Alternative water supply requirement.--Any person owning
    15  or operating a municipal waste management facility that affects
    16  a public or private water supply by pollution, contamination or
    17  diminution shall restore or replace the affected supply with an
    18  alternate source of water adequate in quantity or quality for
    19  the purposes served by the water supply. If any person shall
    20  fail to comply with this requirement, the department may issue
    21  such orders to the person as are necessary to assure compliance.
    22     (b)  Notification to department.--Any landowner or water
    23  purveyor suffering pollution, contamination or diminution of a
    24  public or private water supply as a result of solid waste
    25  disposal activities at a municipal waste management facility may
    26  so notify the department and request that an investigation be
    27  conducted. Within ten days of such notification, the department
    28  shall begin investigation of any such claims and shall, within
    29  120 days of the notification, make a determination. If the
    30  department finds that the pollution or diminution was caused by
    19870S0528B1415                 - 55 -

     1  the operation of a municipal waste management facility or if it
     2  presumes the owner or operator of a municipal waste facility
     3  responsible for pollution, contamination or diminution pursuant
     4  to subsection (c), then it shall issue such orders to the owner
     5  or operator as are necessary to insure compliance with
     6  subsection (a).
     7     (c)  Rebuttable presumption.--Unless rebutted by one of the
     8  four defenses established in subsection (d), it shall be
     9  presumed that the owner or operator of a municipal waste
    10  landfill is responsible for the pollution, contamination or
    11  diminution of a public or private water supply that is within
    12  one-quarter mile of the perimeter of the area where solid waste
    13  disposal activities have been carried out.
    14     (d)  Defenses.--In order to rebut the presumption of
    15  liability established in subsection (c), the owner or operator
    16  must affirmatively prove by clear and convincing evidence one of
    17  the following four defenses:
    18         (1)  The pollution, contamination or diminution existed
    19     prior to any municipal waste landfill operations on the site
    20     as determined by a preoperation survey.
    21         (2)  The landowner or water purveyor refused to allow the
    22     owner or operator access to conduct a preoperation survey.
    23         (3)  The water supply is not within one-quarter mile of
    24     the perimeter of the area where solid waste disposal
    25     activities have been carried out.
    26         (4)  The owner or operator did not cause the pollution,
    27     contamination or diminution.
    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
    19870S0528B1415                 - 56 -

     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 be subject to a
    25  one-time review and approval by the commission at the time the
    26  contract is entered into, notwithstanding the provisions of 66
    27  Pa.C.S. § 508 (relating to power of the commission to vary,
    28  reform and revise contracts).
    29  Section 1106.  Public Utility Commission.
    30     (a)  Application.--If the owner or operator of a resource
    19870S0528B1415                 - 57 -

     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
    19870S0528B1415                 - 58 -

     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 shall certify that the applicant has in
    29     force, or will, prior to the initiation of operations under
    30     the permit, have in force, financial assurances for
    19870S0528B1415                 - 59 -

     1     satisfying claims of bodily injury and property damage
     2     resulting from pollution occurrences arising from the
     3     operation of the landfill or facility. Such financial
     4     assurances shall be in place until the effective date of
     5     closure certification under the Solid Waste Management Act
     6     and the regulations promulgated pursuant thereto, unless the
     7     department determines that the landfill or facility may
     8     continue to present a significant risk to the public health,
     9     safety and welfare or the environment.
    10         (2)  The form and amount of such financial assurances
    11     shall be specified by the department. The required financial
    12     assurances may include, but are not limited to, the
    13     following:
    14             (i)  A commercial pollution liability insurance
    15         policy.
    16             (ii)  A secured standby trust to become self-insured
    17         that satisfies a financial test established by
    18         regulation.
    19             (iii)  A trust fund financed by the person and
    20         administered by an independent trustee approved by the
    21         department.
    22     (b)  Municipal financial responsibility.--
    23         (1)  Any permit application by a municipality or
    24     municipal authority under the Solid Waste Management Act for
    25     a municipal waste landfill or resource recovery facility
    26     shall certify that the applicant has in force, or will, prior
    27     to the initiation of operations under the permit, have in
    28     force, financial assurances for satisfying claims of bodily
    29     injury and property damage resulting from pollution
    30     occurrences arising from the operation of the landfill or
    19870S0528B1415                 - 60 -

     1     facility, to the extent that such claims are allowed by 42
     2     Pa.C.S. Ch. 85 Subch. C (relating to actions against local
     3     parties). Such financial assurances shall be in place until
     4     the effective date of closure certification under the Solid
     5     Waste Management Act and the regulations promulgated pursuant
     6     thereto, unless the department determines that the landfill
     7     or facility may continue to present a significant risk to the
     8     public health, safety and welfare or the environment.
     9         (2)  The form and amount of such financial assurances
    10     shall be specified by the department. The required financial
    11     assurances may include, but are not limited to, the
    12     following:
    13             (i)  A commercial pollution liability insurance
    14         policy.
    15             (ii)  A trust fund financed by the municipality and
    16         administered by an independent trustee approved by the
    17         department.
    18             (iii)  An insurance pool or self-insurance program
    19         authorized by 42 Pa.C.S. § 8564 (relating to liability
    20         insurance and self-insurance).
    21         (3)  In no case shall the department establish minimum
    22     financial assurance amounts for a municipality that are
    23     greater than the damage limitations established in 42 Pa.C.S.
    24     Ch. 85 Subch. C.
    25     (c)  Liability limited.--A host municipality or county or
    26  municipality within the planning area may not be held liable for
    27  bodily injury or property damage resulting from pollution
    28  occurrences solely by reasons of participation in the
    29  preparation or adoption of a county or municipal solid waste
    30  plan. Nothing herein shall be construed to prevent any host
    19870S0528B1415                 - 61 -

     1  municipality, county or municipality within the planning area
     2  from obtaining or giving such indemnities as may be appropriate
     3  in connection with the ownership, operation or control of a
     4  municipal solid waste facility.
     5     (d)  Effect on tort claims.--Nothing in this act shall be
     6  construed or understood as in any way modifying or affecting the
     7  provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C.
     8  Section 1108.  Site-specific postclosure fund.
     9     (a)  Establishment by county.--Each county shall establish an
    10  interest-bearing trust with an accredited financial institution
    11  for every municipal waste landfill that is operating within its
    12  boundaries. This trust shall be established within 60 days of
    13  the effective date of this act for landfills permitted by the
    14  department prior to the effective date of this act. The trust
    15  shall be established prior to the operation of any landfill
    16  permitted by the department after the effective date of this
    17  act.
    18     (b)  Purpose.--The trust created for any landfill by this
    19  section may be used only for remedial measures and emergency
    20  actions that are necessary to prevent or abate adverse effects
    21  upon the environment after closure of the landfill. However, the
    22  county may withdraw actual costs incurred in establishing and
    23  administering the fund in an amount not to exceed 0.5% of the
    24  moneys deposited in the fund.
    25     (c)  Amount.--Each operator of a municipal waste landfill
    26  shall pay into the trust on a quarterly basis an amount equal to
    27  25¢ per ton of weighed waste or 25¢ per three cubic yards of
    28  volume measured waste for all solid waste received at the
    29  landfill.
    30     (d)  Trustee.--The trustee shall manage the trust in
    19870S0528B1415                 - 62 -

     1  accordance with all applicable laws and regulations, except that
     2  moneys in the trust shall be invested in a manner that will
     3  allow withdrawals as provided in subsection (f). The trustee
     4  shall be a person whose trust activities are examined and
     5  regulated by a State or Federal agency. The trustee may resign
     6  only after giving 120 days' notice to the department and after
     7  the appointment of a new trustee. The trustee shall have an
     8  office located within the county where the landfill is located.
     9     (e)  Trust agreement.--The provisions of the trust agreement
    10  shall be consistent with the requirements of this section and
    11  shall be provided by the operator of the landfill on a form
    12  prepared and approved by the department. The trust agreement
    13  shall be accompanied by a formal certification of
    14  acknowledgment.
    15     (f)  Withdrawal of funds.--The trustee may release moneys
    16  from the trust only upon written request of the operator of a
    17  landfill and upon prior written approval by the department. Such
    18  request shall include the proposed amount and purpose of the
    19  withdrawal and a copy of the department's written approval of
    20  the expenditure. A copy of the request shall be provided to the
    21  county and the host municipality. A copy of any withdrawal
    22  document prepared by the trustee shall be provided to the
    23  department, the county and the host municipality. No withdrawal
    24  from this trust may be made until after the department has
    25  certified closure of the landfill.
    26     (g)  Abandonment of trust.--If the department certifies to
    27  the trustee that the operator of a landfill has abandoned the
    28  operation of the landfill or has failed or refused to comply
    29  with the requirements of the Solid Waste Management Act, the
    30  regulations promulgated pursuant thereto or the terms or
    19870S0528B1415                 - 63 -

     1  conditions of its permit, in any respect, the trustee shall
     2  forthwith pay the full amount of the trust to the department.
     3  The department may not make such certification unless it has
     4  given 30 days' written notice to the operator, the county, and
     5  the trustee of the department's intent to do so.
     6     (h)  Use of abandoned trust.--The department shall expend all
     7  moneys collected pursuant to subsection (g) for the purposes set
     8  forth in subsection (b). The department may expend money
     9  collected from a trust for a landfill only for that landfill.
    10     (i)  Surplus.--Any moneys remaining in a trust subsequent to
    11  final closure of a landfill under the Solid Waste Management Act
    12  and the regulations promulgated pursuant thereto shall, upon
    13  release of the bond by the department, be divided equally
    14  between the county and the host municipality.
    15     (j)  Duty under law.--Nothing in this section shall be
    16  understood or construed to in any way relieve the operator of a
    17  municipal waste landfill of any duty or obligation imposed by
    18  this act, the Solid Waste Management Act any other act
    19  administered by the department, the regulations promulgated
    20  pursuant thereto or the terms or conditions of any permit.
    21     (k)  Other remedies.--The remedies provided to the department
    22  in this section are in addition to any other remedies provided
    23  at law or in equity.
    24     (l)  County not liable.--Nothing in this section shall be
    25  understood or construed as imposing any additional
    26  responsibility or liability upon the county for compliance of a
    27  municipal waste landfill or resource recovery facility with the
    28  requirements of this act, the Solid Waste Management Act and the
    29  regulations promulgated pursuant thereto.
    30  Section 1109.  Trust fund for municipally operated landfills.
    19870S0528B1415                 - 64 -

     1     (a)  Establishment of trust.--Except as provided in
     2  subsection (b), each municipality or municipal authority
     3  operating a landfill solely for municipal waste not classified
     4  hazardous shall establish an interest-bearing trust with an
     5  accredited financial institution. This trust shall be
     6  established within 60 days of the effective date of this act for
     7  landfills permitted by the department prior to the effective
     8  date of this act. The trust shall be established prior to the
     9  operation of any landfill permitted by the department after the
    10  effective date of this act.
    11     (b)  Exemption.--Any municipality or municipal authority that
    12  has posted a bond that is consistent with the provisions of the
    13  Solid Waste Management Act and the regulations promulgated
    14  pursuant thereto shall not be required to establish the trust
    15  set forth in this section.
    16     (c)  Purpose.--The trust created for any landfill by this
    17  section may be used only for completing final closure of the
    18  landfill according to the permit granted by the department under
    19  the Solid Waste Management Act and taking such measures as are
    20  necessary to prevent adverse effects upon the environment. Such
    21  measures include but are not limited to satisfactory monitoring,
    22  postclosure care and remedial measures.
    23     (d)  Amount.--Each municipality or municipal authority
    24  operating a landfill solely for municipal waste not classified
    25  hazardous shall pay into the trust on a quarterly basis an
    26  amount determined by the department for each ton or cubic yard
    27  of solid waste disposed at the landfill. This amount shall be
    28  based on the estimated cost of completing final closure of the
    29  landfill and the weight or volume of waste to be disposed at the
    30  landfill prior to closure.
    19870S0528B1415                 - 65 -

     1     (e)  Trustee.--The trustee shall manage the trust in
     2  accordance with all applicable laws and regulations, except that
     3  moneys in the trust shall be invested in a manner that will
     4  allow withdrawals as provided in subsection (g). The trustee
     5  shall be a person whose trust activities are examined and
     6  regulated by a State or Federal agency. The trustee may resign
     7  only after giving 120 days' notice to the department and after
     8  the appointment of a new trustee.
     9     (f)  Trust agreement.--The provisions of the trust agreement
    10  shall be consistent with the requirements of this section and
    11  shall be provided by the municipality or municipal authority on
    12  a form prepared and approved by the department. The trust
    13  agreement shall be accompanied by a formal certification of
    14  acknowledgment.
    15     (g)  Withdrawal of funds.--The trustee may release moneys
    16  from the trust only upon written request of the municipality or
    17  municipal authority and upon prior written approval by the
    18  department. Such request shall include the proposed amount and
    19  purpose of the withdrawal and a copy of the department's written
    20  approval of the expenditure. A copy of the request shall be
    21  provided to the host municipality. A copy of any withdrawal
    22  document prepared by the trustee shall be provided to the
    23  department and to the host municipality. No withdrawal from this
    24  trust may be made until after closure of the landfill.
    25     (h)  Abandonment of trust.--If the department certifies to
    26  the trustee that the municipality or municipal authority has
    27  abandoned the operation of the landfill or has failed or refused
    28  to comply with the requirements of the Solid Waste Management
    29  Act or the regulations promulgated pursuant thereto in any
    30  respect, the trustee shall forthwith pay the full amount of the
    19870S0528B1415                 - 66 -

     1  trust to the department. The department may not make such
     2  certification unless it has given 30 days' written notice to the
     3  municipality or municipal authority and the trustee of the
     4  department's intent to do so.
     5     (i)  Use of abandoned trust.--The department shall expend all
     6  moneys collected pursuant to subsection (h) for the purposes set
     7  forth in subsection (c). The department may expend money
     8  collected from a trust for a landfill only for that landfill.
     9     (j)  Surplus.--Except for trusts that have been abandoned as
    10  provided in subsection (h), any moneys remaining in a trust
    11  subsequent to final closure of a landfill under the Solid Waste
    12  Management Act and the regulations promulgated pursuant thereto
    13  shall, upon certification of final closure by the department, be
    14  returned to the municipality or municipal authority.
    15     (k)  Duty under law.--Nothing in this section shall be
    16  understood or construed to in any way relieve the municipality
    17  or municipal authority of any duty or obligation imposed by this
    18  act, the Solid Waste Management Act, any other act administered
    19  by the department, the regulations promulgated pursuant thereto,
    20  or the terms or conditions of any permit.
    21     (l)  Other remedies.--The remedies provided to the department
    22  in this section are in addition to any other remedies provided
    23  at law or in equity.
    24  Section 1110.  Independent evaluation of permit applications.
    25     The department may reimburse host municipalities for costs
    26  incurred for professional technical review of a permit
    27  application under the act of July 7, 1980 (P.L.380, No.97),
    28  known as the Solid Waste Management Act, for a new municipal
    29  waste landfill or resource recovery facility or that would
    30  result in additional capacity for a municipal waste landfill or
    19870S0528B1415                 - 67 -

     1  resource recovery facility. Reimbursement shall not exceed
     2  $10,000 per complete application.
     3  Section 1111.  Protection of capacity.
     4     (a)  New permits.--A permit issued by the department under
     5  the act of July 7, 1980 (P.L.380, No.97), known as the Solid
     6  Waste Management Act, for a new municipal waste landfill or
     7  resource recovery facility or that results in additional
     8  capacity for a municipal waste landfill or resource recovery
     9  facility shall include a permit condition setting forth the
    10  weight or volume of municipal waste generated within the host
    11  county that the operator shall allow to be delivered for
    12  disposal or processing at the facility for a specified period.
    13     (b)  Existing permits.--Within six months after the effective
    14  date of this act, the department shall modify each municipal
    15  waste landfill and resource recovery facility permit issued
    16  under the Solid Waste Management Act before the effective date
    17  of this act. The permit modification shall consist of a permit
    18  condition setting forth the weight or volume of municipal waste
    19  generated within the host county that the operator shall allow
    20  to be delivered to the facility for disposal or processing at
    21  the facility for a specified period.
    22     (c)  Department.--The department may take any action
    23  authorized by statute that the department deems necessary to
    24  ensure that operators of municipal waste landfills and resource
    25  recovery facilities give priority to the disposal or processing
    26  of municipal waste generated within the host county.
    27                             CHAPTER 13
    28                   HOST MUNICIPALITY BENEFIT FEE
    29  Section 1301.  Host municipality benefit fee.
    30     (a)  Imposition.--There is imposed a host municipality
    19870S0528B1415                 - 68 -

     1  benefit fee upon the operator of each municipal waste landfill
     2  or resource recovery facility that receives a new permit or
     3  permit that results in additional capacity from the department
     4  under the Solid Waste Management Act after the effective date of
     5  this act. The fee shall be paid to the host municipality. If the
     6  host municipality owns or operates the landfill or facility, the
     7  fee shall not be imposed for waste generated within such
     8  municipality. If the landfill or facility is located within more
     9  than one host municipality, the fee shall be apportioned among
    10  them according to the percentage of the permitted area located
    11  in each municipality.
    12     (b)  Amount.--The fee is $1 per ton of weighed solid waste or
    13  $1 per three cubic yards of volume-measured solid waste for all
    14  solid waste received at a landfill or facility.
    15     (c)  Municipal options.--Nothing in this section or section
    16  1302 shall prevent a host municipality from receiving a higher
    17  fee or receiving the fee in a different form or at different
    18  times than provided in this section and section 1302, if the
    19  host municipality and the operator of the municipal waste
    20  landfill or resource recovery facility agree in writing.
    21  Section 1302.  Form and timing of host municipality benefit fee
    22                 payment.
    23     (a)  Quarterly payment.--Each operator subject to section
    24  1301 shall make the host municipality benefit fee payment
    25  quarterly. The fee shall be paid on or before the twentieth day
    26  of April, July, October and January for the three months ending
    27  the last day of March, June, September and December.
    28     (b)  Quarterly reports.--Each host municipality benefit fee
    29  payment shall be accompanied by a form prepared and furnished by
    30  the department and completed by the operator. The form shall
    19870S0528B1415                 - 69 -

     1  state the weight or volume of solid waste received by the
     2  landfill or facility during the payment period and provide any
     3  other information deemed necessary by the department to carry
     4  out the purposes of the act. The form shall be signed by the
     5  operator. A copy of the form shall be sent to the department at
     6  the same time that the fee and form are sent to the host
     7  municipality.
     8     (c)  Timeliness of payment.--An operator shall be deemed to
     9  have made a timely payment of the host municipality benefit fee
    10  if all of the following are met:
    11         (1)  The enclosed payment is for the full amount owed
    12     pursuant to this section, and no further host municipality
    13     action is required for collection.
    14         (2)  The payment is accompanied by the required form, and
    15     such form is complete and accurate.
    16         (3)  The letter transmitting the payment that is received
    17     by the host municipality is postmarked by the United States
    18     Postal Service on or prior to the final day on which the
    19     payment is to be received.
    20     (d)  Discount.--Any operator that makes a timely payment of
    21  the host municipality benefit fee as provided in this section
    22  shall be entitled to credit and apply against the fee payable by
    23  him a discount of 1% of the amount of the fee collected by him.
    24     (e)  Alternative proof.--For purposes of this section,
    25  presentation of a receipt indicating that the payment was mailed
    26  by registered or certified mail on or before the due date shall
    27  be evidence of timely payment.
    28  Section 1303.  Collection and enforcement of fee.
    29     (a)  Interest.--If an operator fails to make a timely payment
    30  of the host municipality benefit fee, the operator shall pay
    19870S0528B1415                 - 70 -

     1  interest on the unpaid amount due at the rate established
     2  pursuant section 806 of the act of April 9, 1929 (P.L.343,
     3  No.176), known as The Fiscal Code, from the last day for timely
     4  payment to the date paid.
     5     (b)  Additional penalty.--In addition to the interest
     6  provided in subsection (a), if an operator fails to make timely
     7  payment of the host municipality benefit fee, there shall be
     8  added to the amount of fee actually due 5% of the amount of such
     9  fee, if the failure to file a timely payment is for not more
    10  than one month, with an additional 5% for each additional month,
    11  or fraction thereof, during which such failure continues, not
    12  exceeding 25% in the aggregate.
    13     (c)  Assessment notices.--If the host municipality determines
    14  that any operator of a municipal waste landfill or resource
    15  recovery facility has not made a timely payment of the host
    16  municipality benefit fee, it will send a written notice for the
    17  amount of the deficiency to such operator within 30 days from
    18  the date of determining such deficiency. When the operator has
    19  not provided a complete and accurate statement of the weight or
    20  volume of solid waste received at the landfill or facility for
    21  the payment period, the host municipality may estimate the
    22  weight or volume in its deficiency notice.
    23     (d)  Constructive trust.--All host municipality benefit fees
    24  collected by an operator and held by such operator prior to
    25  payment to the host municipality shall constitute a trust fund
    26  for the host municipality, and such trust shall be enforceable
    27  against such operator, its representatives and any person
    28  receiving any part of such fund without consideration or with
    29  knowledge that the operator is committing a breach of the trust.
    30  However, any person receiving payment of lawful obligation of
    19870S0528B1415                 - 71 -

     1  the operator from such fund shall be presumed to have received
     2  the same in good faith and without any knowledge of the breach
     3  of trust.
     4     (e)  Manner of collection.--The amount due and owing under
     5  section 1301 shall be collectible by the host municipality in
     6  the manner provided in section 1709.
     7     (f)  Remedies cumulative.--The remedies provided to host
     8  municipalities in this section are in addition to any other
     9  remedies provided at law or in equity.
    10  Section 1304.  Records.
    11     Each operator that is required to pay the Host Municipality
    12  Benefit Fee shall keep daily records of all deliveries of solid
    13  waste to the landfill or facility, as required by the host
    14  municipality, including, but not limited to, the name and
    15  address of the hauler, the source of the waste, the kind of
    16  waste received and the weight or volume of the waste. Such
    17  records shall be maintained in Pennsylvania by the operator for
    18  no less than five years and shall be made available to the host
    19  municipality for inspection upon request.
    20  Section 1305.  Surcharge.
    21     The provisions of any law to the contrary notwithstanding,
    22  the operator of any municipal waste landfill or resource
    23  recovery facility subject to section 1301 may collect the host
    24  municipality benefit fee as a surcharge on any fee schedule
    25  established pursuant to law, ordinance, resolution or contract
    26  for solid waste disposal or processing operations at the
    27  landfill or facility. In addition, any person who collects or
    28  transports solid waste subject to the host municipality benefit
    29  fee to a municipal waste landfill or resource recovery facility
    30  subject to section 1301 may impose a surcharge on any fee
    19870S0528B1415                 - 72 -

     1  schedule established pursuant to law, ordinance, resolution or
     2  contract for the collection or transportation of solid waste to
     3  the landfill or facility. The surcharge shall be equal to the
     4  increase in processing or disposal fees at the landfill or
     5  facility attributable to the host municipality benefit fee.
     6  However, interest and penalties on the fee under section 1303(a)
     7  and (b) may not be collected as a surcharge.
     8                             CHAPTER 15
     9                   RECYCLING AND WASTE REDUCTION
    10  Section 1501.  Municipal implementation of recycling programs.
    11     (a)  Large population.--Within two years after the effective
    12  date of this act, each municipality other than a county that has
    13  a population of 10,000 or more people shall establish and
    14  implement a source separation and collection program for
    15  recyclable materials in accordance with this section. Population
    16  shall be determined by the most recent decennial census by the
    17  Bureau of the Census of the United States Department of
    18  Commerce.
    19     (b)  Small population.--Within three years after the
    20  effective date of this act, each municipality other than a
    21  county that has a population of more than 5,000 people but less
    22  than 10,000 people, and which has a population density of more
    23  than 300 people per square mile, shall establish and implement a
    24  source separation and collection program for recyclable
    25  materials in accordance with this section. Population shall be
    26  determined based on the most recent decennial census by the
    27  Bureau of the Census of the United States Department of
    28  Commerce.
    29     (c)  Contents.--The source separation and collection program
    30  shall include, at a minimum, the following elements:
    19870S0528B1415                 - 73 -

     1         (1)  An ordinance or regulation adopted by the governing
     2     body of the county or municipality, requiring all of the
     3     following:
     4             (i)  Persons to separate clear glass, aluminum and
     5         other material deemed appropriate by the municipality
     6         from other municipal waste generated at their homes,
     7         apartments and other residential establishments and to
     8         store such material until collection.
     9             (ii)  Persons to separate leaf waste from other
    10         municipal waste generated at their homes, apartments and
    11         other residential establishments until collection unless
    12         those persons have otherwise provided for the composting
    13         of leaf waste.
    14             (iii)  Persons to separate high grade office paper,
    15         aluminum, corrugated paper and leaf waste and other
    16         material deemed appropriate by the municipality generated
    17         at commercial, municipal or institutional establishments
    18         and from community activities and to store the material
    19         until collection. The governing body of a municipality
    20         may exempt persons occupying commercial, institutional
    21         and municipal premises within its municipal boundaries
    22         from the source-separation requirements of the ordinance
    23         or regulation if those persons have otherwise provided
    24         for the recycling of materials they are required by this
    25         section to recycle. To be eligible for an exemption under
    26         this subparagraph, a commercial or institutional solid
    27         waste generator must annually provide written
    28         documentation to the municipality of the total number of
    29         tons recycled.
    30         (2)  A scheduled day, at least once per month, during
    19870S0528B1415                 - 74 -

     1     which separated materials are to be placed at the curbside or
     2     a similar location for collection.
     3         (3)  A system, including trucks and related equipment,
     4     that collects recyclable materials from the curbside or
     5     similar locations at least once per month from each residence
     6     or other person generating municipal waste in the county or
     7     municipality.
     8         (4)  Provisions to ensure compliance with the ordinance,
     9     including incentives and penalties.
    10         (5)  Provisions for the recycling of collected materials.
    11     (d)  Notice.--Each municipality subject to this section
    12  shall, at least 30 days prior to the initiation of the recycling
    13  program and at least once every six months thereafter, notify
    14  all persons occupying residential, commercial, institutional and
    15  municipal premises within its boundaries of the requirements of
    16  the ordinance. The governing body of a municipality may, in its
    17  discretion as it deems necessary and appropriate, place an
    18  advertisement in a newspaper circulating in the municipality,
    19  post a notice in public places where public notices are
    20  customarily posted, including a notice with other official
    21  notifications periodically mailed to residential taxpayers or
    22  utilize any combination of the foregoing.
    23     (e)  Agreements.--A municipality may enter into a written
    24  agreement with other persons, including persons transporting
    25  municipal waste on the effective date of this act, pursuant to
    26  which the persons undertake to fulfill some or all of the
    27  municipality's responsibilities under this section. A person who
    28  enters an agreement under this subsection shall be responsible
    29  with the municipality for implementation of this section.
    30     (f)  Preference.--In implementing its recycling program, a
    19870S0528B1415                 - 75 -

     1  municipality shall accord consideration for the collection,
     2  marketing and disposition of recyclable materials to persons
     3  engaged in the business of recycling on the effective date of
     4  this act, whether or not the persons were operating for profit.
     5  Section 1502.  Facilities operation and recycling.
     6     (a)  Leaf waste.--Two years after the effective date of this
     7  act, no municipal waste landfill may accept for disposal, and no
     8  resource recovery facility may accept for processing, other than
     9  composting, truckloads composed primarily of leaf waste.
    10     (b)  Drop-off centers.--
    11         (1)  Two years after the effective date of this act, no
    12     person may operate a municipal waste landfill, resource
    13     recovery facility or transfer station unless the operator has
    14     established at least one drop-off center for the collection
    15     and sale of recyclable material, including, at a minimum,
    16     clear glass, aluminum, high grade office paper and cardboard.
    17     The center must be located at the facility or in a place that
    18     is easily accessible to persons generating municipal waste
    19     that is processed or disposed at the facility. Each drop-off
    20     center must contain bins or containers where recyclable
    21     materials may be placed and temporarily stored. If the
    22     operation of the drop-off center requires attendants, the
    23     center shall be open at least eight hours per week, including
    24     four hours during evenings or weekends.
    25         (2)  Each operator shall, at least 30 days prior to the
    26     initiation of the drop-off center program and at least once
    27     every six months thereafter, notify all persons generating
    28     municipal waste that is processed or disposed at the
    29     facility. The operator shall place an advertisement in a
    30     newspaper circulating in the municipality or provide notice
    19870S0528B1415                 - 76 -

     1     in another manner approved by the department.
     2  Section 1503.  Commonwealth recycling and waste reduction.
     3     (a)  Recycling.--Within two years after the effective date of
     4  this act, each Commonwealth agency, in coordination with the
     5  Department of General Services, shall establish and implement a
     6  source separation and collection program for recyclable
     7  materials produced as a result of agency operations, including,
     8  at a minimum, aluminum, high grade office paper and corrugated
     9  paper. The source separation and collection program shall
    10  include, at a minimum, procedures for collecting and storing
    11  recyclable materials, bins or containers for storing materials,
    12  and contractual or other arrangements with buyers.
    13     (b)  Waste reduction.--Within two years after the effective
    14  date of this act, each Commonwealth agency, in coordination with
    15  the department of General Services, shall establish and
    16  implement a waste reduction program for materials used in the
    17  course of agency operations. The program shall be designed and
    18  implemented to achieve the maximum feasible reduction of waste
    19  generated as a result of agency operations.
    20     (c)  Use of composted materials.--All Commonwealth agencies
    21  responsible for the maintenance of public lands in this
    22  Commonwealth shall, to the maximum extent practicable and
    23  feasible, give due consideration and preference to the use of
    24  compost materials in all land maintenance activities which are
    25  to be paid with public funds.
    26  Section 1504.  Procurement by Department of General Services.
    27     (a)  Review of policies.--
    28         (1)  The Department of General Services shall review and
    29     revise its existing procurement procedures and specifications
    30     for the purchase of products and materials to eliminate
    19870S0528B1415                 - 77 -

     1     procedures and specifications that explicitly discriminate
     2     against products and materials with recycled content. The
     3     Department of General Services shall review and revise its
     4     procedures and specifications on a continuing basis to
     5     encourage the use of products and materials with recycled
     6     content and shall, in developing new procedures and
     7     specification, encourage the use of products and materials
     8     with recycled content.
     9         (2)  The Department of General Services shall review and
    10     revise its procurement procedures and specifications for the
    11     purchase of products and materials to ensure, to the maximum
    12     extent economically feasible, that the Department of General
    13     Services purchases products or materials that may be recycled
    14     or reused when these products are discarded. The Department
    15     of General Services shall complete an initial review and
    16     revision within one year from the effective date of this act.
    17     The Department of General Services shall review and revise
    18     its procedures and specifications on a continuing basis to
    19     encourage the use of products and materials that may be
    20     recycled or reused and shall, in developing new procedures
    21     and specifications, encourage the use of products and
    22     materials that may be recycled or reused.
    23     (b)  Bidding.
    24         (1)  A person who submits a bid to the Department of
    25     General Services for a contract that includes the purchase of
    26     products or materials shall certify, in writing, either the
    27     percentage by weight of recycled content in the product that
    28     is the subject of the bid or such other measure of recycled
    29     content as may be set forth in the Department of General
    30     Services' invitation for bids. A person may certify that the
    19870S0528B1415                 - 78 -

     1     products or materials contain no recycled content.
     2         (2)  The Department of General Services shall, in issuing
     3     an invitation for bids, require that all bidders who seek to
     4     qualify for the preference set forth in subsection (c)
     5     certify that the products or materials that are the subject
     6     of the bid contain a minimum percentage of recycled content
     7     that is set forth in the invitation for bids.
     8     (c)  Award of contracts.--Upon evaluation of bids opened for
     9  every public contract by the Department of General Services that
    10  includes the purchase of products or materials, the Department
    11  of General Services shall identify the lowest responsible bidder
    12  and any other responsible bidders whose prices exceed that of
    13  the lowest responsible bidder by 5% or less who have certified
    14  that the products or materials contain at least the minimum
    15  percentage of recycled content that is set forth in the
    16  Department of General Services' invitation for bids. If no
    17  bidders offer products or materials with the minimum prescribed
    18  recycled content, the Department of General Services shall award
    19  the contract to the lowest responsible bidder. This subsection
    20  does not apply to products and materials used in highway and
    21  bridge maintenance.
    22     (d)  Rulemaking.--The Department of General Services may
    23  adopt regulations as it deems necessary to carry out the
    24  provisions and purposes of this section.
    25     (e)  Cooperation.--All Commonwealth agencies shall cooperate
    26  with the Department of General Services in carrying out this
    27  section.
    28     (f)  Annual report.--The Department of General Services shall
    29  submit an annual report to the General Assembly concerning its
    30  implementation of this section. This report shall include a
    19870S0528B1415                 - 79 -

     1  description of what actions the Department of General Services
     2  has taken in the previous year to implement this section. This
     3  report shall be submitted on or before the anniversary of the
     4  effective date of this act.
     5     (g)  Partial repeal.--Sections 2403(b), (c) and 2409(h) of
     6  the act of April 9, 1929 (P.L.177, No.175), known as The
     7  Administrative Code of 1929, are repealed to the extent that
     8  they are inconsistent with subsection (c).
     9  Section 1505.  Procurement by Department of Transportation.
    10     (a)  Review of policies.--
    11         (1)  The Department of Transportation shall review and
    12     revise its existing procurement procedures and specifications
    13     for the purchase of products and materials to eliminate
    14     procedures and specifications that explicitly discriminate
    15     against products and materials with recycled content and to
    16     encourage the use of products and materials with recycled
    17     content. The Department of Transportation shall complete an
    18     initial review and revision within one year of the effective
    19     date of this act. The Department of Transportation shall
    20     review and revise its procedures and specifications on a
    21     continuing basis to encourage the use of products and
    22     materials with recycled content and shall, in developing new
    23     procedures and specifications, encourage the use of products
    24     and materials with recycled content.
    25         (2)  The Department of Transportation shall review and
    26     revise its procurement procedures and specifications for the
    27     purchase of products and materials to ensure, to the maximum
    28     extent economically feasible, that the Department of
    29     Transportation purchases products or materials that may be
    30     recycled or reused when these products or materials are
    19870S0528B1415                 - 80 -

     1     discarded. The Department of Transportation shall complete an
     2     initial review and revision within one year of the effective
     3     date of this act. The Department of Transportation shall
     4     review and revise its procedures and specifications on a
     5     continuing basis to encourage the use of products and
     6     materials that may be recycled or reused and shall, in
     7     developing new procedures and specifications, encourage the
     8     use of products and materials that may be recycled or reused.
     9     (b)  Rulemaking.--The Department of Transportation may adopt
    10  regulations as it deems necessary to carry out the provisions
    11  and purposes of this section.
    12     (c)  Cooperation.--All Commonwealth agencies shall cooperate
    13  with the Department of Transportation in carrying out this
    14  section.
    15     (d)  Testing.--A person who believes that a particular
    16  constituent of solid waste or any product or material with
    17  recycled content may be beneficially used in lieu of another
    18  product or material in the Commonwealth's transportation system
    19  may request the Department of Transportation to evaluate that
    20  constituent, product or material. The Department of
    21  Transportation, in consultation with the department, shall
    22  conduct a preliminary review of each proposal to identify which
    23  proposals merit an evaluation. If the Department of
    24  Transportation finds, after an evaluation, that the constituent,
    25  product or material may be beneficially used, it shall amend its
    26  procedures and specifications to allow the use of the
    27  constituent product or material.
    28     (e)  Grants.--The Department of Transportation may award
    29  research and demonstration grants concerning the potential
    30  beneficial use of a particular constituent of solid waste, or
    19870S0528B1415                 - 81 -

     1  any product or material with recycled content, in lieu of
     2  another product or material in the Commonwealth's transportation
     3  system. The application shall be made on a form prepared and
     4  furnished by the Department of Transportation and shall contain
     5  the information the Department of Transportation deems
     6  necessary.
     7     (f)  Annual report.--The Department of Transportation shall
     8  submit an annual report to the General Assembly concerning its
     9  implementation of this section. This report shall include a
    10  description of what actions the Department of Transportation has
    11  taken in the previous year to implement this section. This
    12  report shall be submitted on or before the anniversary of the
    13  effective date of this act.
    14  Section 1506.  Procurement options for local public agencies and
    15                 certain Commonwealth agencies.
    16     (a)  General rule.--This section sets forth procurement
    17  options for local public agencies. These procurement options are
    18  also available to Commonwealth agencies for which materials are
    19  not purchased by the Department of General Services or the
    20  Department of Transportation. Nothing in this act shall be
    21  construed to require the agencies to exercise the options set
    22  forth in this section.
    23     (b)  Procedural options.--Each public agency subject to this
    24  section may, at is discretion, do any of the following:
    25         (1)  Review and revise its procurement procedures and
    26     specifications for purchases of paper, lubricating oil, tires
    27     and other products or materials to eliminate procedures and
    28     specifications that discriminate against recycled products or
    29     materials.
    30         (2)  Review and revise its procurement procedures and
    19870S0528B1415                 - 82 -

     1     specifications for purchases of paper, lubricating oil, tires
     2     and other products or materials to ensure, to the maximum
     3     extent economically feasible, that the agency purchases
     4     products or materials that may be recycled or reused when
     5     these products are discarded.
     6         (3)  Require that a person who submits a bid to the
     7     agency for a contract for purchase products or materials for
     8     use by or on behalf of the agency certify, in writing, either
     9     the percentage by weight of recycled content in the product
    10     or material that is the subject of the bid, or such other
    11     measure of recycled content as may be set forth in the
    12     agency's invitation for bids.
    13         (4)  Establish specifications for bids for public
    14     contracts that require all bidders to propose that a stated
    15     minimum percentage of products or materials to be used for
    16     the contract be made from recycled material.
    17     (c)  Contract options.--Each public agency that is subject to
    18  this section may, at its discretion, award contracts according
    19  to one of the following methods, when the method is set forth in
    20  the invitation for bids:
    21         (1)  Upon evaluation of bids opened for a public contract
    22     by a public agency for the purchase of products or materials,
    23     the public agency shall identify the lowest responsible
    24     bidder and any other responsible bidders whose prices exceed
    25     that of the lowest responsible bidder by a preference
    26     percentage to be set forth in the invitation for bids, but
    27     not more than 5% of the bid amount. If no bidders offer
    28     products or materials with the minimum prescribed recycled
    29     content, the agency shall award the contract to the lowest
    30     responsible bidder.
    19870S0528B1415                 - 83 -

     1         (2)  Upon evaluation of bids opened for a public
     2     contract, the agency shall identify the lowest responsible
     3     bidder. Where there is a tie for lowest responsible bidder,
     4     the agency in determining to whom to award the contract shall
     5     consider, as one factor in its determination, which of the
     6     bids provides for the greatest weight of recycled material in
     7     the product or products to be purchased, or for the best
     8     measure of recycled content other than weight as may be set
     9     forth in the invitation for bids.
    10     (d)  Other laws.--The options set forth in this section may
    11  be exercised, notwithstanding any other provision of law to the
    12  contrary.
    13  Section 1507.  Recycling at educational institutions.
    14     The department, in consultation with the Department of
    15  Education, shall develop guidelines for source separation and
    16  collection of recyclable materials and for waste reduction in
    17  primary and secondary schools, colleges and universities,
    18  whether the schools, colleges and universities are public or
    19  nonpublic. At a minimum, the guidelines shall address generated
    20  in administrative offices, classrooms, dormitories and
    21  cafeterias. The Department of Education shall distribute these
    22  guidelines and encourage their implementation. The guidelines
    23  shall be developed and distributed within two years of the
    24  effective date of this act, except that the guidelines are not
    25  required to be distributed to educational institutions that are
    26  Commonwealth agencies implementing recycling programs under
    27  section 1505.
    28                             CHAPTER 17
    29                      ENFORCEMENT AND REMEDIES
    30  Section 1701.  Unlawful conduct.
    19870S0528B1415                 - 84 -

     1     (a)  Offenses defined.--It shall be unlawful for any person
     2  to:
     3         (1)  Violate, or cause or assist in the violation of, any
     4     provision of this act, any regulation promulgated hereunder,
     5     any order issued hereunder, or the terms or conditions of any
     6     municipal waste management plan approved by the department
     7     under this act.
     8         (2)  Fail to adhere to the schedule set forth in, or
     9     pursuant to, this act for developing or submitting to the
    10     department a municipal waste management plan.
    11         (3)  Fail to adhere to the schedule set forth in an
    12     approved plan for planning, design, siting, construction or
    13     operation of municipal waste processing or disposal
    14     facilities.
    15         (4)  Act in a manner that is contrary to the approved
    16     county plan or otherwise fail to act in a manner that is
    17     consistent with the approved county plan.
    18         (5)  Fail to make a timely payment of the recycling fee
    19     or host municipality benefit fee.
    20         (6)  Hinder, obstruct, prevent or interfere with the
    21     department or its personnel in the performance of any duty
    22     under this act.
    23         (7)  Hinder, obstruct, prevent or interfere with host
    24     municipalities or their personnel in the performance of any
    25     duty related to the collection of the host municipality
    26     benefit fee or in conducting any inspection authorized by
    27     this act.
    28         (8)  Violate the provisions of 18 Pa.C.S. § 4903
    29     (relating to false swearing) or 4904 (relating to unsworn
    30     falsification to authorities) in complying with any provision
    19870S0528B1415                 - 85 -

     1     of this act, including, but not limited to, providing or
     2     preparing any information required by this act.
     3         (9)  Fail to make any payment to the site-specific
     4     postclosure fund or the trust fund for municipally operated
     5     landfills in accordance with the provisions of this act.
     6     (b)  Public nuisance.--All unlawful conduct set forth in
     7  subsection (a) shall also constitute a public nuisance.
     8  Section 1702.  Enforcement orders.
     9     (a)  Issuance.--The department may issue such orders to
    10  persons as it deems necessary to aid in the enforcement of the
    11  provisions of this act. Such orders may include, but shall not
    12  be limited to, orders requiring persons to comply with approved
    13  municipal waste management plans and orders requiring compliance
    14  with the provisions of this act and the regulations promulgated
    15  pursuant thereto. Any order issued under this act shall take
    16  effect upon notice, unless the order specifies otherwise. An
    17  appeal to the Environmental Hearing Board shall not act as a
    18  supersedeas. The power of the department to issue an order under
    19  this act is in addition to any other remedy which may be
    20  afforded to the department pursuant to this act or any other
    21  act.
    22     (b)  Compliance.--It shall be the duty of any person to
    23  proceed diligently to comply with any order issued pursuant to
    24  subsection (a). If such person fails to proceed diligently or
    25  fails to comply with the order within such time, if any, as may
    26  be specified, such person shall be guilty of contempt and shall
    27  be punished by the court in an appropriate manner, and for this
    28  purpose, application may be made by the department to the
    29  Commonwealth Court, which is hereby granted jurisdiction.
    30  Section 1703.  Restraining violations.
    19870S0528B1415                 - 86 -

     1     (a)  Injunctions.--In addition to any other remedies provided
     2  in this act, the department may institute a suit in equity in
     3  the name of the Commonwealth where unlawful conduct or public
     4  nuisance exists for an injunction to restrain a violation of
     5  this act, the regulations promulgated pursuant thereto, any
     6  order issued pursuant thereto, or the terms or conditions of any
     7  approved municipal waste management plan, and to restrain the
     8  maintenance or threat of a public nuisance. In any such
     9  proceeding, the court shall, upon motion of the Commonwealth,
    10  issue a prohibitory or mandatory preliminary injunction if it
    11  finds that the defendant is engaging in unlawful conduct as
    12  defined by this act or is engaged in conduct which is causing
    13  immediate and irreparable harm to the public. The Commonwealth
    14  shall not be required to furnish bond or other security in
    15  connection with such proceedings. In addition to an injunction,
    16  the court, in such equity proceedings, may levy civil penalties
    17  as specified in section 1704.
    18     (b)  Jurisdiction.--In addition to any other remedies
    19  provided for in this act, upon relation of any district attorney
    20  of any county affected, or upon relation of the solicitor of any
    21  county or municipality affected, an action in equity may be
    22  brought in a court of competent jurisdiction for an injunction
    23  to restrain any and all violations of this act or the
    24  regulations promulgated pursuant thereto, or to restrain any
    25  public nuisance.
    26     (c)  Concurrent remedies.--The penalties and remedies
    27  prescribed by this act shall be deemed concurrent, and the
    28  existence of or exercise of any remedy shall not prevent the
    29  department from exercising any other remedy hereunder, at law or
    30  in equity.
    19870S0528B1415                 - 87 -

     1     (d)  Venue.--Actions instituted under this section may be
     2  filed in the appropriate court of common pleas or in the
     3  Commonwealth Court, which courts are hereby granted jurisdiction
     4  to hear such actions.
     5  Section 1704.  Civil penalties.
     6     (a)  Assessment.--In addition to proceeding under any other
     7  remedy available at law or in equity for a violation of any
     8  provision of this act, the regulations promulgated hereunder,
     9  any order of the department issued hereunder, or any term or
    10  condition of an approved municipal waste management plan, the
    11  department may assess a civil penalty upon a person for such
    12  violation. Such a penalty may be assessed whether or not the
    13  violation was willful or negligent. In determining the amount of
    14  the penalty, the department shall consider the willfulness of
    15  the violation; the effect on the municipal waste planning
    16  process; damage to air, water, land or other natural resources
    17  of this Commonwealth or their uses; cost of restoration and
    18  abatement; savings resulting to the person in consequence of
    19  such violation; deterrence of future violations; and other
    20  relevant factors. If the violation leads to issuance of a
    21  cessation order, a civil penalty shall be assessed.
    22     (b)  Escrow.--When the department assesses a civil penalty,
    23  it shall inform the person of the amount of the penalty. The
    24  person charged with the penalty shall then have 30 days to pay
    25  the penalty in full or, if the person wishes to contest either
    26  the amount of the penalty or the fact of the violation, either
    27  to forward the proposed amount to the department for placement
    28  in an escrow account with the State Treasurer or with a bank in
    29  this Commonwealth or to post an appeal bond in the amount of the
    30  penalty. The bond must be executed by a surety licensed to do
    19870S0528B1415                 - 88 -

     1  business in this Commonwealth and must be satisfactory to the
     2  department. If, through administrative or judicial review of the
     3  proposed penalty, it is determined that no violation occurred or
     4  that the amount of the penalty shall be reduced, the department
     5  shall, within 30 days, remit the appropriate amount to the
     6  person, with an interest accumulated by the escrow deposit.
     7  Failure to forward the money or the appeal bond to the
     8  department within 30 days shall result in a waiver of all legal
     9  rights to contest the violation or the amount of the penalty.
    10     (c)  Amount.--The maximum civil penalty which may be assessed
    11  pursuant to this section is $10,000 per violation. Each
    12  violation for each separate day and each violation of any
    13  provision of this act, any regulation promulgated hereunder, any
    14  order issued hereunder, or the terms or conditions of any
    15  approved municipal waste management plan shall constitute a
    16  separate offense under this section.
    17     (d)  Statute of limitations.--Notwithstanding any other
    18  provision of law to the contrary, there shall be a statute of
    19  limitations of five years upon actions brought by the
    20  Commonwealth under this section.
    21  Section 1705.  Criminal penalties.
    22     (a)  Summary offense.--Any person, other than a municipal
    23  official exercising his official duties, who violates any
    24  provision of this act, any regulation promulgated hereunder, any
    25  order issued hereunder, or the terms or conditions of any
    26  approved municipal waste management plan shall, upon conviction
    27  thereof in a summary proceeding, be sentenced to pay a fine of
    28  not less than $100 and not more than $1,000 and costs and, in
    29  default of the payment of such fine and costs, to undergo
    30  imprisonment for not more than 30 days.
    19870S0528B1415                 - 89 -

     1     (b)  Misdemeanor offense.--Any person, other than a municipal
     2  official exercising his official duties, who violates any
     3  provision of this act, any regulation promulgated hereunder, any
     4  order issued hereunder, or the terms or conditions of any
     5  approved municipal waste management plan, commits a misdemeanor
     6  of the third degree and shall, upon conviction, be sentenced to
     7  pay a fine of not less than $1,000 but not more than $10,000 per
     8  day for each violation or to imprisonment for a period of not
     9  more than one year, or both.
    10     (c)  Second or subsequent offense.--Any person, other than a
    11  municipal official exercising his official duties who, within
    12  two years after a conviction of a misdemeanor for any violation
    13  of this act, violates any provision of this act, any regulation
    14  promulgated hereunder, any order issued hereunder, or the terms
    15  or conditions of any approved municipal waste management plan,
    16  commits a misdemeanor of the second degree and shall, upon
    17  conviction, be sentenced to pay a fine of not less than $2,500
    18  nor more than $25,000 for each violation or to imprisonment for
    19  a period of not more than two years, or both.
    20     (d)  Violations to be separate offense.--Each violation for
    21  each separate day and each violation of any provision of this
    22  act, any regulation promulgated hereunder, any order issued
    23  hereunder, or the terms or conditions of any approved municipal
    24  waste management plan, shall constitute a separate offense under
    25  subsections (a), (b) and (c).
    26  Section 1706.  Existing rights and remedies preserved;
    27                 cumulative remedies authorized.
    28     Nothing in this act shall be construed as estopping the
    29  Commonwealth, or any district attorney of a county or solicitor
    30  of a municipality, from proceeding in courts of law or equity to
    19870S0528B1415                 - 90 -

     1  abate pollution forbidden under this act, or abate nuisances
     2  under existing law. It is hereby declared to be the purpose of
     3  this act to provide additional and cumulative remedies to
     4  control municipal waste planning and management within this
     5  Commonwealth, and nothing contained in this act shall in any way
     6  abridge or alter rights of action or remedies now or hereafter
     7  existing in equity, or under the common law or statutory law,
     8  criminal or civil. Nothing in this act, or the approval of any
     9  municipal waste management plan under this act, or any act done
    10  by virtue of this act, shall be construed as estopping the
    11  Commonwealth or persons in the exercise of their rights under
    12  the common law or decisional law or in equity, from proceeding
    13  in courts of law or equity to suppress nuisances, or to abate
    14  any pollution now or hereafter existing, or to enforce common
    15  law or statutory rights. No court of this Commonwealth having
    16  jurisdiction to abate public or private nuisances shall be
    17  deprived of such jurisdiction in any action to abate any private
    18  or public nuisance instituted by any person for the reason that
    19  such nuisance constitutes air or water pollution.
    20  Section 1707.  Production of materials; recordkeeping
    21                 requirements.
    22     (a)  Authority of department.--The department and its agents
    23  and employees shall:
    24         (1)  Have access to, and require the production of, books
    25     and papers, documents, and physical evidence pertinent to any
    26     matter under investigation.
    27         (2)  Require any person engaged in the municipal waste
    28     management or municipal waste planning to establish and
    29     maintain such records and make such reports and furnish such
    30     information as the department may prescribe.
    19870S0528B1415                 - 91 -

     1         (3)  Have the authority to enter any building, property,
     2     premises or place where solid waste is generated, stored,
     3     processed, treated or disposed of for the purposes of making
     4     an investigation or inspection necessary to ascertain the
     5     compliance or noncompliance by any person with the provisions
     6     of this act and the regulations promulgated under this act.
     7     In connection with the inspection or investigation, samples
     8     may be taken of a solid, semisolid, liquid or contained
     9     gaseous material for analysis. If, analysis is made of the
    10     samples, a copy of the results of the analysis shall be
    11     furnished within five business days after receiving the
    12     analysis to the person having apparent authority over the
    13     building, property, premises or place.
    14     (b)  Warrants.--An agent or employee of the department may
    15  apply for a search warrant to any Commonwealth official
    16  authorized to issue a search warrant for the purposes of
    17  inspecting or examining any property, building, premises, place,
    18  book, record or other physical evidence; of conducting tests; or
    19  of taking samples of any solid waste. The warrant shall be
    20  issued upon probable cause. It shall be sufficient probable
    21  cause to show any of the following:
    22         (1)  The inspection, examination, test or sampling is
    23     pursuant to a general administrative plan to determine
    24     compliance with this act.
    25         (2)  The agent or employee has reason to believe that a
    26     violation of this act has occurred or may occur.
    27         (3)  The agent or employee has been refused access to the
    28     property, building, premises, place, book, record or physical
    29     evidence or has been prevented from conducting tests or
    30     taking samples.
    19870S0528B1415                 - 92 -

     1  Section 1708.  Withholding of State funds.
     2     In addition to any other penalties provided in this act, the
     3  department may notify the State Treasurer to withhold payment of
     4  all or any portion of funds payable to the municipality by the
     5  department from the General Fund or any other fund if the
     6  municipality has engaged in any unlawful conduct under section
     7  1701. Upon notification, the State Treasurer shall hold in
     8  escrow such moneys due to such municipality until such time as
     9  the department notifies the State Treasurer that the
    10  municipality has complied with such requirement or schedule.
    11  Section 1709.  Collection of fines, fees, etc.
    12     (a)  Lien.--All fines, fees, interest and penalties and any
    13  other assessments shall be collectible in any manner provided by
    14  law for the collection of debts. If the person liable to pay any
    15  such amount neglects or refuses to pay the same after demand,
    16  the amount, together with interest and any costs that may
    17  accrue, shall be a judgment in favor of the Commonwealth or the
    18  host municipality, as the case may be, upon the property of such
    19  person, but only after same has been entered and docketed of
    20  record by the prothonotary of the county where such property is
    21  situated. The Commonwealth or host municipality, as the case may
    22  be, may at any time transmit to the prothonotaries of the
    23  respective counties certified copies of all such judgments, and
    24  it shall be the duty of each prothonotary to enter and docket
    25  the same of record in his office, and to index the same as
    26  judgments are indexed, without requiring the payment of costs as
    27  a condition precedent to the entry thereof.
    28     (b)  Deposit of fines.--All fines collected pursuant to
    29  sections 1704 and 1705 shall be paid into the Solid Waste
    30  Abatement Fund.
    19870S0528B1415                 - 93 -

     1  Section 1710.  Right of citizen to intervene in proceedings.
     2     Any citizen of this Commonwealth having an interest which is
     3  or may be adversely affected shall have the right on his own
     4  behalf, without posting bond, to intervene in any action brought
     5  pursuant to section 1703 or 1704.
     6  Section 1711.  Remedies of citizens.
     7     (a)  Commencement of civil action.--Except as provided in
     8  subsection (b), any person having an interest that is or may be
     9  adversely affected may commence a civil action or his own behalf
    10  against any person other than the department to compel
    11  compliance with this act, any regulation promulgated under this
    12  act, any order of the department issued under this act or any
    13  term or condition of an approved municipal waste management
    14  plan. The courts of common pleas shall have jurisdiction of
    15  actions under this section. Venue shall be as set forth in the
    16  Pennsylvania Rules of Civil Procedure concerning civil actions.
    17     (b)  Notice.--No action under this section may be commenced
    18  prior to 60 days after the plaintiff has given the department
    19  and the alleged violator written notice of the violation.
    20     (c)  Multiple actions.--No action under this section may be
    21  commenced if the department has commenced and is diligently
    22  prosecuting a civil action in a court of the United States or of
    23  the Commonwealth, has issued an order, or has entered a consent
    24  order and agreement or consent degree to require compliance with
    25  this act, any regulation promulgated under this act, any order
    26  of the department issued under this act or any term or condition
    27  of an approved municipal waste management plan. If the
    28  department has commenced and is diligently prosecuting a civil
    29  action in a court of the Commonwealth, any person with an
    30  interest which is or may be adversely affected may intervene as
    19870S0528B1415                 - 94 -

     1  of right.
     2  Section 1712.  Affirmative defense.
     3     (a)  Defense.--It shall be an affirmative defense to any
     4  action by the department pursuant to section 1704, 1705 or 1708
     5  against any municipality alleged to be in violation of section
     6  1501 that such municipality's failure to comply is caused by
     7  excessive costs of the program required by section 1501. Program
     8  costs are excessive when reasonable and necessary costs of
     9  operating the program exceed income from the sale or use of
    10  collected material, grant money received from the department
    11  pursuant to section 902, and avoided costs of municipal waste
    12  processing or disposal.
    13     (b)  Requirements.--A municipality may not assert the
    14  affirmative defense provided by this section if it has failed:
    15         (1)  To make a timely grant application to the department
    16     pursuant to section 902.
    17         (2)  To exercise its best efforts to implement the
    18     program required by section 1501 for at least two years after
    19     it was required to establish and implement the program.
    20     (c)  Construction.--Nothing in this section shall be
    21  construed or understood:
    22         (1)  To create an affirmative defense for a municipality
    23     that is alleged to be in violation of any provision of law
    24     other than section 1501.
    25         (2)  To create an affirmative defense for any person
    26     other than a municipality.
    27         (3)  To modify or affect existing statutory and case law
    28     concerning affirmative defenses to department actions, except
    29     as expressly provided in subsection (a).
    30                             CHAPTER 19
    19870S0528B1415                 - 95 -

     1                      MISCELLANEOUS PROVISIONS
     2  Section 1901.  Severability.
     3     The provisions of this act are severable. If any provision of
     4  this act or its application to any person or circumstance is
     5  held invalid, the invalidity shall not affect other provisions
     6  or applications of this act which can be given effect without
     7  the invalid provision or application.
     8  Section 1902.  Repeals.
     9     (a)  Absolute repeals.--The last sentence in section 201(b),
    10  section 201(f) through (l) and sections 202 and 203 of the act
    11  of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    12  Management Act, are repealed.
    13     (b)  Inconsistent repeals.--Except as provided in section
    14  501(b) of this act, the first through fourth sentences of
    15  section 201(b) and section 201(c), (d) and (e) of the act of
    16  July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    17  Management Act, are repealed insofar as they are inconsistent
    18  with this act.
    19  Section 1903.  Effective date.
    20     This act shall take effect in 60 days.







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