PRINTER'S NO. 965
No. 859 Session of 1989
INTRODUCED BY CORMAN, MADIGAN, JUBELIRER, TILGHMAN, FISHER,
BRIGHTBILL, PUNT, STAPLETON, SHUMAKER, ROCKS, SHAFFER, WILT,
RHOADES, BAKER AND STOUT, APRIL 25, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 25, 1989
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," further
18 providing for financial assurances from operators.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 502(e) of the act of July 7, 1980
22 (P.L.380, No.97), known as the Solid Waste Management Act, is
23 amended to read:
24 Section 502. Permit and license application requirements.
25 * * *
1 (e) The application for a permit shall certify that the
2 operator has in force, or will, prior to the initiation of
3 operations under the permit have in force[, an ordinary public
4 liability insurance policy in an amount to be prescribed by
5 rules and regulations promulgated hereunder.] financial
6 assurance to provide general liability coverage in a form and
7 amount specified by the department in regulation.
8 (1) Any permit applicant, other than a municipality or
9 municipal authority, may provide the required financial
10 assurance through one of the following mechanisms:
11 (i) Commercial general liability insurance policy.
12 (ii) A secured standby trust to become self-insured
13 that satisfies a financial test established by
14 regulation.
15 (iii) A trust fund financed by the applicant and
16 administered by an independent trustee approved by the
17 department.
18 (iv) Other mechanisms approved by the department.
19 (2) A municipality or municipal authority that applies
20 for a permit may provide the required financial assurance
21 through one of the following mechanisms:
22 (i) Commercial general liability insurance policy.
23 (ii) A trust fund financed by the municipality and
24 administered by an independent trust approved by the
25 department.
26 (iii) An insurance pool or self-insurance program
27 authorized by 42 Pa.C.S. § 8564 (relating to liability
28 insurance and self-insurance).
29 (iv) Other mechanisms approved by the department.
30 (3) In no case shall the department establish minimum
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1 financial assurance amounts for a municipality or municipal
2 authority that are greater than the damage limitations
3 established in 42 Pa.C.S. Ch. 85 Subch. C (relating to
4 actions against local parties).
5 (4) Nothing in this act shall be construed or understood
6 as in any way modifying or affecting the provisions set forth
7 in 42 Pa.C.S. Ch. 85 Subch. C.
8 * * *
9 Section 2. This act shall take effect immediately.
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