PRIOR PRINTER'S NOS. 581, 1207 PRINTER'S NO. 1415
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. B24L27RZ/19870S0528B1415 - 96 -