PRINTER'S NO. 2257
No. 1649 Session of 1990
INTRODUCED BY MELLOW, MUSTO, REIBMAN, LINCOLN, BODACK, O'PAKE,
STAPLETON, SCANLON, BELAN, STOUT, AFFLERBACH, PORTERFIELD,
LaVALLE, LEWIS AND WILLIAMS, JUNE 7, 1990
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 7, 1990
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 declaring legislative policy; adding definitions; further
19 providing for the powers and duties of the Environmental
20 Hearing Board and for requirements for and actions on permits
21 and licenses; providing for investigations by the
22 Pennsylvania State Police and the department and for
23 application fees; further providing for forfeiture of
24 contraband and for the Solid Waste Abatement Fund; and making
25 repeals.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Section 102 of the act of July 7, 1980 (P.L.380,
29 No.97), known as the Solid Waste Management Act, is amended to
1 read:
2 Section 102. Legislative finding; declaration of policy.
3 (a) The Legislature hereby determines, declares and finds
4 that, since improper and inadequate solid waste practices create
5 public health hazards, environmental pollution, and economic
6 loss, and cause irreparable harm to the public health, safety
7 and welfare, it is the purpose of this act to:
8 (1) establish and maintain a cooperative State and local
9 program of planning and technical and financial assistance
10 for comprehensive solid waste management;
11 (2) encourage the development of resource recovery as a
12 means of managing solid waste, conserving resources, and
13 supplying energy;
14 (3) require permits for the operation of municipal and
15 residual waste processing and disposal systems, licenses for
16 the transportation of hazardous waste and permits for
17 hazardous waste storage, treatment, and disposal;
18 (4) protect the public health, safety and welfare from
19 the short and long term dangers of transportation,
20 processing, treatment, storage, and disposal of all wastes;
21 (5) provide a flexible and effective means to implement
22 and enforce the provisions of this act;
23 (6) establish the Pennsylvania Hazardous Waste
24 Facilities Plan, which plan shall address the present and
25 future needs for the treatment and disposal of hazardous
26 waste in this Commonwealth;
27 (7) develop an inventory of the nature and quantity of
28 hazardous waste generated within this Commonwealth or
29 disposed of within this Commonwealth, wherever generated;
30 (8) project the nature and quantity of hazardous waste
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1 that will be generated within this Commonwealth in the next
2 20 years or will be disposed of within this Commonwealth,
3 wherever generated;
4 (9) provide a mechanism to establish hazardous waste
5 facility sites;
6 (10) implement Article I, section 27 of the Pennsylvania
7 Constitution; [and]
8 (11) utilize, wherever feasible, the capabilities of
9 private enterprise in accomplishing the desired objectives of
10 an effective, comprehensive solid waste management
11 program[.]; and
12 (12) exclude or remove from participation in the solid
13 waste management industry persons with known criminal
14 records, habits or associations, and persons known to be
15 deficient in expertise or competence in the solid waste
16 industry.
17 (b) The Legislature further determines, declares and finds
18 that:
19 (1) The solid waste industry in this Commonwealth can
20 attain, maintain and retain integrity, public confidence and
21 trust and promote the general public interest only under a
22 system of control and regulation that precludes the
23 participation of persons with known criminal records, habits
24 or associations, and excludes or removes from any position of
25 authority or responsibility any person known to be so
26 deficient in reliability, expertise or competence with
27 specific reference to the solid waste industry that the
28 participation of the person would create or enhance the
29 dangers of unsound, unfair or illegal practices, methods and
30 activities in the conduct of the business of that industry.
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1 (2) Notwithstanding the fact that the majority of
2 operators involved in this industry are respectable and
3 responsible and that there exists in this Commonwealth a
4 substantial industry capable of meeting the licensing and
5 permitting standards, the solid waste industry remains
6 vulnerable to corrupting influences.
7 (3) It is vital to the interest of the Commonwealth to
8 prevent entry, direct or indirect, into the operations of the
9 solid waste industry, of persons who have pursued economic
10 gain in an occupational manner or context violative of the
11 criminal or civil laws of the Commonwealth, the United States
12 or any other jurisdiction; and it is to the end of excluding
13 such persons that the regulatory and investigative powers and
14 duties provided in this act shall be exercised to the fullest
15 extent consistent with law.
16 Section 2. Section 103 of the act is amended by adding
17 definitions to read:
18 Section 103. Definitions.
19 The following words and phrases when used in this act shall
20 have, unless the context clearly indicates otherwise, the
21 meanings given to them in this section:
22 * * *
23 "Business concern." A corporation, association, firm,
24 partnership, trust or other form of commercial organization.
25 * * *
26 "Conviction." A plea of guilty, a plea of nolo contendere, a
27 finding of guilty by a court or an unvacated forfeiture of bail
28 or collateral deposited to secure a defendant's appearance in
29 court.
30 "Criminal history record information." As defined in 18
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1 Pa.C.S. § 9102 (relating to definitions).
2 "Criminal justice agency." As defined in 18 Pa.C.S. § 9102
3 (relating to definitions).
4 * * *
5 "Disclosure statement." A statement submitted to the
6 department by an applicant on a form developed by the
7 department, which shall include, at a minimum:
8 (1) The full name, business address and social security
9 number of the applicant and any related party to the
10 applicant.
11 (2) The full name, business address and social security
12 number of all officers, directors, associates or partners of
13 any business concern disclosed in the statement and the names
14 and addresses of all persons holding equity in or the debt
15 liability of the business concern or, if the business concern
16 is a publicly traded corporation, all individuals or business
17 concerns holding more than 5% of the equity in or debt
18 liability of that business concern. When the debt liability
19 is held by a chartered lending institution, the applicant
20 need only supply the name and business address of the lending
21 institution.
22 (3) The full name and business address of any company in
23 which the applicant holds an equity interest and which
24 collects, transfers, transports, processes, treats, stores or
25 disposes of solid waste.
26 (4) A description of the experience and credentials,
27 including past or present permits or licenses, for the
28 collection, transfer, processing, transportation, treatment,
29 storage, or disposal of solid wastes possessed by the
30 applicant, or any related party of the applicant.
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1 (5) For the applicant and any related party of the
2 applicant, a listing and explanation of any civil or criminal
3 prosecution by government agencies, administrative
4 enforcement actions resulting in the imposition of sanctions,
5 or license revocations or denials issued by any Federal or
6 State authority in the ten years immediately preceding the
7 filing of the application that are pending or have resulted
8 in a finding or a settlement of a violation of a statute or
9 regulation relating to the collection, transfer,
10 transportation, processing, treatment, storage or disposal of
11 solid waste or of any other environmental protection statute.
12 (6) A listing and explanation of any judgment of
13 liability or conviction that was rendered under Federal or
14 State statute or local ordinance resulting in the imposition
15 of a sanction against the application or any related party of
16 the applicant.
17 (7) A listing of any agency outside this Commonwealth
18 that has or has had regulatory responsibility over the
19 applicant or any related party of the applicant in connection
20 with its collection, transfer, transportation, processing,
21 treatment, storage or disposal of solid waste.
22 (8) Any other information the department may require
23 that relates to the competency or good character of the
24 applicant or any related party of the applicant.
25 * * *
26 "Intelligence information." As defined in 18 Pa.C.S. § 9102
27 (relating to definitions).
28 "Investigative information." As defined in 18 Pa.C.S. § 9102
29 (relating to definitions).
30 "Key employee." A person employed in a supervisory capacity
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1 or empowered to make significant discretionary decisions with
2 respect to the solid or hazardous waste operations of a business
3 concern. The term does not include an employee exclusively
4 engaged in the physical or mechanical collection,
5 transportation, processing, treatment, storage or disposal of
6 solid or hazardous waste, unless the employee is engaged in
7 decisionmaking as described in this definition.
8 * * *
9 "Related party." A partner, associate, officer, principal
10 shareholder, parent corporation, subsidiary corporation,
11 contractor, subcontractor, key employee or agent of a person or
12 municipality, or any person with a beneficial interest in the
13 business of a person or municipality.
14 * * *
15 "Resource recovery facility." As defined in section 103 of
16 the act of July 28, 1988 (P.L.556, No.101), known as the
17 "Municipal Waste Planning, Recycling and Waste Reduction Act."
18 * * *
19 Section 3. Section 105 of the act is amended by adding a
20 subsection to read:
21 Section 105. Powers and duties of the Environmental Quality
22 Board.
23 * * *
24 (k) The Environmental Quality Board shall have the power and
25 its duty shall be to adopt regulations to protect the
26 confidentiality of information collected by the department in
27 the course of investigations under this act.
28 Section 4. Sections 108 and 502(f) of the act are amended to
29 read:
30 Section 108. Powers and duties of the Environmental Hearing
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1 Board.
2 In addition to exercising its powers and duties to hold
3 hearings and issue adjudications or any order, permit, license
4 or decision of the department according to the provisions of
5 "The Administrative Code of 1929" and the Administrative Agency
6 Law, the Environmental Hearing Board shall have the power and
7 its duty shall be to hold hearings and issue orders in
8 accordance with section 510(c) and, if requested to do so by any
9 party to a duly perfected appeal of an oral order under section
10 602(d), to hold a hearing on any duly filed petition for
11 supersedeas of such order within six business days of the
12 receipt of such request by the board.
13 Section 502. Permit and license application requirements.
14 * * *
15 (f) The department may require such other information, and
16 impose such other terms and conditions, as it deems necessary or
17 proper to achieve the goals and purposes of this act. Any permit
18 or license application filed with the department under this act
19 or the act of July 13, 1988 (P.L.525, No.93), referred to as the
20 Infectious and Chemotherapeutic Waste Law, shall include a
21 disclosure statement and shall contain information sufficient to
22 demonstrate whether the applicant meets the requirements of
23 section 503. If any of the information required to be included
24 in the disclosure statement changes, or if additional
25 information should be added after the filing of the statement,
26 the applicant, licensee or permittee shall provide that
27 information to the department, in writing, within 30 days of the
28 change or addition. The department may also require applicants
29 to complete and submit to the department a consent form that
30 authorizes the department to obtain information under section
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1 510 for which the applicant's consent would be required.
2 * * *
3 Section 5. Section 503(c) and (d) of the act are amended and
4 the section is amended by adding a subsection to read:
5 Section 503. Granting, denying, renewing, modifying, revoking
6 and suspending permits and licenses.
7 * * *
8 (c) In carrying out the provisions of this act, the
9 department may deny, suspend, modify, or revoke any permit or
10 license if it finds that the applicant, permittee or licensee,
11 or any related party of the applicant, permittee or licensee has
12 failed or continues to fail to comply with any provision of this
13 act, the act of June 22, 1937 (P.L.1987, No.394), known as "The
14 Clean Streams Law," the act of January 8, 1960 (1959 P.L.2119,
15 No.787), known as the "Air Pollution Control Act," and the act
16 of November 26, 1978 (P.L.1375, No.325), known as the "Dam
17 Safety and Encroachments Act," or any other state or Federal
18 statute relating to environmental protection or to the
19 protection of the public health, safety and welfare; or any rule
20 or regulation of the department; or any order of the department;
21 or any condition of any permit or license issued by the
22 department; or if the department finds that the applicant,
23 permittee or licensee, or any related party of the applicant,
24 permittee or licensee has shown a lack of ability or intention
25 to comply with any provision of this act or any of the acts
26 referred to in this subsection or any rule or regulation of the
27 department or order of the department, or any condition of any
28 permit or license issued by the department as indicated by past
29 or continuing violations. [In the case of a corporate applicant,
30 permittee or licensee, the department may deny the issuance of a
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1 license or permit if it finds that a principal of the
2 corporation was a principal of another corporation which
3 committed past violations of this act.]
4 (d) Any person or municipality which has engaged in unlawful
5 conduct as defined in this act, or whose [partner, associate,
6 officer, parent corporation, subsidiary corporation, contractor,
7 subcontractor or agent] related party has engaged in such
8 unlawful conduct, shall be denied any permit or license required
9 by this act unless the permit or license application
10 demonstrates to the satisfaction of the department that the
11 unlawful conduct has been corrected. Independent contractors and
12 agents who are to operate under any permit shall be subject to
13 the provisions of this act. Such independent contractors, agents
14 and the permittee shall be jointly and severally liable, without
15 regard to fault, for violations of this act which occur during
16 the contractor's or agent's involvement in the course of
17 operations.
18 * * *
19 (f) (1) Except as provided in paragraphs (3) and (4), the
20 department shall not approve a permit or license application
21 and may revoke, suspend or modify a permit or license under
22 this act or the act of July 13, 1988 (P.L.525, No.93),
23 referred to as the Infectious and Chemotherapeutic Waste Law
24 if any of the following apply:
25 (i) The applicant, licensee, or permittee or a
26 related party of the applicant, licensee or permittee:
27 (A) has been convicted of a felony under the
28 laws of the Commonwealth, the United States or any
29 other jurisdiction;
30 (B) has been convicted of a misdemeanor relating
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1 to solid waste management or the business of solid
2 waste management under the laws of the Commonwealth,
3 the United States or any other jurisdiction;
4 (C) has entered into a plea bargain arrangement
5 and was convicted of lesser charges if the original
6 charge was a felony under clause (A); or
7 (D) is currently under investigation by any
8 local, Federal or State law enforcement agency;
9 however, at the written request of the applicant,
10 licensee or permittee, the department may defer
11 decision upon the application or action upon the
12 permit or license until the investigation is
13 completed.
14 (ii) The applicant, licensee or permittee or any
15 related party of the applicant, licensee or permittee is
16 subject to current or pending charges for a misdemeanor
17 related to solid waste management or a felony. However,
18 at the written request of the applicant, licensee or
19 permittee or person charged, the department may defer
20 decision upon the application or action upon the permit
21 or license during pendency of the charge.
22 (2) The department may deny, suspend, modify or revoke a
23 permit or license under this act or the Infectious and
24 Chemotherapeutic Waste Law if:
25 (i) there is substantial evidence that the
26 applicant, licensee or permittee lacks the honesty,
27 trustworthiness or integrity necessary to operate under
28 the permit or license in a manner as to safeguard the
29 interest of the public; or
30 (ii) the applicant, licensee or permittee, or a
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1 related party of the applicant, licensee or permittee, in
2 any prior business management performance record in the
3 collection, transportation, processing, treatment,
4 storage or disposal of solid waste has not previously
5 exhibited the expertise and competence necessary to
6 conduct the activities authorized by the permit or
7 license.
8 (3) The department may approve a permit or license
9 application under this act or the Infectious and
10 Chemotherapeutic Waste Law if the applicant severs the
11 interest, affiliation or activity which would result in a
12 permit denial, revocation, suspension or modification under
13 paragraph (1) and the department determines that the approval
14 of the permit or license is in the public interest.
15 (4) The department may approve a permit or license
16 application under this act or the Infectious and
17 Chemotherapeutic Waste Law if the application was filed with
18 the department before the effective date of this subsection
19 and the permit or license issued by the department includes a
20 condition that allows the department to revoke the permit if
21 the disclosure form, a compliance review or an investigation
22 shows that the permit would be subject to denial, revocation,
23 suspension or modification under paragraph (1) or (2).
24 (5) If the department approves a permit or license
25 application under paragraph (4), the department shall require
26 the applicant to submit a disclosure statement and shall
27 collect information and conduct investigations required by
28 this act within two years after the permit is issued.
29 Section 6. The act is amended by adding sections to read:
30 Section 509. Criminal investigations by the Pennsylvania State
19900S1649B2257 - 12 -
1 Police.
2 (a) Upon receipt of a permit or license application under
3 this act or the act of July 13, 1988 (P.L.525, No.93), referred
4 to as the Infectious and Chemotherapeutic Waste Law, the
5 department shall forward a copy of the disclosure statement that
6 was filed with the department by the applicant to the
7 Pennsylvania State Police and request the Pennsylvania State
8 Police to conduct an investigation to determine whether one or
9 more of the conditions of section 503(f)(1) exists.
10 (b) The department may also request the Pennsylvania State
11 Police to conduct an investigation on a permittee or licensee or
12 a related party of the permittee or licensee under this act or
13 the Infectious and Chemotherapeutic Waste Law, to determine
14 whether one or more of the conditions in section 503(f)(1)
15 exists.
16 (c) Within 90 days from the date that the department
17 requests the Pennsylvania State Police to conduct an
18 investigation under this section, the Pennsylvania State Police
19 shall forward to the department a report which includes a
20 determination of whether the applicant, permittee or licensee
21 should be subject to permit denial, revocation, modification or
22 suspension under section 503(f)(1).
23 (d) In carrying out its duties under this section, where the
24 applicant, licensee or permittee or any related party of the
25 applicant, licensee or permittee is not a resident of this
26 Commonwealth, the Pennsylvania State Police shall request a
27 report of criminal history record information on the nonresident
28 from the Federal Bureau of Investigation under the Federal
29 Bureau of Investigation's Appropriation of Title II of Public
30 Law 92-544, 86 Stat. 1109, and shall forward the report to the
19900S1649B2257 - 13 -
1 department.
2 (e) The permit review time frames established by section
3 512(b) of the act of July 28, 1988 (P.L.556, No.101), known as
4 the "Municipal Waste Planning, Recycling and Waste Reduction
5 Act," or any similar time frames established by regulation,
6 shall not apply if the department has not completed its
7 investigation under this act within those time frames.
8 Section 510. Investigations by the department.
9 (a) To determine whether an applicant, licensee or permittee
10 meets the requirements of section 503(b), (c), (d), (e) and (f),
11 the department is authorized to conduct investigations for a
12 permit or license application under this act or the act of July
13 13, 1988 (P.L.525, No.93), referred to as the Infectious and
14 Chemotherapeutic Waste Law or a permit or license issued under
15 this act or the Infectious and Chemotherapeutic Waste Law.
16 Investigations shall be conducted in accordance with this
17 section and with regulations promulgated under this act. The
18 following shall apply:
19 (1) The department shall conduct an investigation for
20 each permit or license application for any of the following:
21 (i) A new or expanded commercial hazardous waste
22 treatment, storage or disposal facility.
23 (ii) A new or expanded commercial residual waste
24 landfill or disposal impoundment.
25 (iii) A new or expanded municipal waste landfill.
26 (iv) A new or expanded resource recovery facility
27 with a total processing capacity of 50 tons or more per
28 day.
29 (v) A new or expanded commercial municipal waste or
30 residual waste processing facility.
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1 (vi) A municipal waste transfer facility.
2 (vii) Transportation of solid waste.
3 (2) Each criminal justice agency shall forward criminal
4 history record information, intelligence information, and
5 investigative information maintained by the agency to the
6 department, without charge, upon the request of the
7 department within 90 days after request by the department.
8 All records obtained by the department under this paragraph
9 shall be treated as confidential by the department under 18
10 Pa.C.S. Ch. 91 (relating to criminal history record
11 information).
12 (3) State government officials shall provide the
13 department with information and assistance as the department
14 requires to carry out any investigations under this section.
15 (b) In any investigation conducted under this section, the
16 department is authorized to do all of the following:
17 (1) Issue and cause to be served on any applicant,
18 licensee or permittee that is the subject of investigation
19 under this section or on a related party of the applicant,
20 licensee or permittee that is subject of an investigation
21 under this section, investigative interrogatories requiring
22 that the person answer questions under oath and produce
23 material for examination. No interrogatory shall contain a
24 requirement which would be unreasonable if contained in a
25 subpoena duces tecum issued in aid of a grand jury
26 investigation or require the production of documentary
27 evidence which would be otherwise privileged from disclosure
28 if demanded by a subpoena duces tecum issued in aid of a
29 grand jury investigation.
30 (2) Issue subpoenas to require the attendance and
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1 testimony of witnesses under oath before the secretary or a
2 designee and the production of documentary evidence relative
3 to an investigation under this section and to cause the
4 subpoenas to be served upon the witnesses. All subpoenas
5 shall be issued by the secretary or a designee.
6 (c) Within 30 days after a person is served with a subpoena
7 or interrogatory under subsection (b), the person may file with
8 the Environmental Hearing Board a petition for an order
9 modifying or setting aside the interrogatory or subpoena. The
10 board shall hold a hearing on the petition within six business
11 days after the petition is filed with the board and shall issue
12 a decision on the petition within six business days after it
13 holds the hearing. The board may allow the subpoena or
14 interrogatory to stand as issued or may modify or set aside the
15 subpoena or interrogatory. The time allowed for compliance with
16 the interrogatory or subpoena shall not run during the pendency
17 of this petition. The petition shall specify each ground upon
18 which the petitioner relies in seeking relief and may be based
19 upon any failure of the interrogatory or subpoena to comply with
20 the provisions of this section or upon any constitutional or
21 other legal right or privilege of the petitioner. In this
22 proceeding the department must establish the existence of an
23 investigation pursuant to this section and the general nature
24 and subject matter of the investigation.
25 (d) All information submitted to the department on a
26 disclosure statement and all information collected by the
27 department pursuant to an investigation under this act shall be
28 privileged and not subject to disclosure until the department
29 takes an action on the license or permit for which the
30 investigation was conducted.
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1 (e) It shall not be a defense to the use of investigative
2 authority by the department under this section that the use may
3 produce information relevant to section 503(f)(1) so long as the
4 use is related to securing information relevant to any other
5 ground or grounds upon which the department may take an action
6 under section 503.
7 (f) All applicants, licensees and permittees shall have the
8 continuing duty to provide assistance or information requested
9 by the department or the Pennsylvania State Police and to
10 cooperate in any inquiry, investigation or hearing conducted
11 under this section or section 509 by the department or the
12 Pennsylvania State Police. Applicants, licensees and permittees
13 shall also supply physical evidence, including fingerprints and
14 handwriting samples of any individual required to be listed on
15 the disclosure statement, in a manner required by the department
16 and the Pennsylvania State Police. If, upon issuance of a formal
17 request by the department or the Pennsylvania State Police to
18 answer an inquiry or produce information, evidence or testimony,
19 an applicant, licensee or permittee refuses to comply, the
20 department may deny, revoke or suspend the license or permit of
21 that person.
22 Section 511. Application fees.
23 (a) The department shall impose a minimum nonrefundable fee
24 of $1,000 upon applicants for permits or licenses under this act
25 or the act of July 13, 1988 (P.L.525, No.93), referred to as the
26 Infectious and Chemotherapeutic Waste Law, for the costs to the
27 department and the Pennsylvania State Police of collecting
28 information and carrying out investigations under this act. This
29 fee shall be in addition to any fee that may be imposed pursuant
30 to section 104(8) for the processing of any permit or license
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1 application. The Environmental Quality Board may modify this
2 minimum fee by regulation.
3 (b) The applicant will reimburse the department for actual
4 expenses incurred by the department and the Pennsylvania State
5 Police in collecting information and carrying out investigations
6 under this act beyond the expenses covered by the minimum fee in
7 subsection (a).
8 (c) The department and the Pennsylvania State Police shall
9 enter into a cooperative agreement which provides that the
10 department will pay to the Pennsylvania State Police that
11 portion of the fees collected under this section that is
12 necessary to cover the actual expenses of the Pennsylvania State
13 Police in carrying out its duties under section 509.
14 (d) Except for those fees that are forwarded to the
15 Pennsylvania State Police under subsection (c), all fees
16 collected by the department under this section shall be paid
17 into the Solid Waste Abatement Fund.
18 Section 7. Section 614 of the act is amended to read:
19 Section 614. Forfeiture of contraband.
20 Any vehicle, equipment or conveyance used for the
21 transportation or disposal of hazardous waste in the commission
22 of an offense under section 606 or for the transportation of
23 solid waste in the commission of an offense under section 610(6)
24 shall be deemed contraband and shall be seized and forfeited to
25 the department. The provisions of law relating to the seizure,
26 summary and judicial forfeiture, and condemnation of
27 intoxicating liquor shall apply to seizures and forfeitures
28 under the provisions of this section.
29 Section 8. The act is amended by adding a section to read:
30 Section 618. Enforcement of subpoenas.
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1 (a) Upon the failure of a person who is subpoenaed under
2 section 509 to obey the command of the subpoena or to be sworn
3 or affirmed or to testify, application may be made to
4 Commonwealth Court for enforcement of the subpoena.
5 (b) Commonwealth Court, after a hearing, may make an
6 adjudication of contempt or may issue another appropriate order.
7 Section 9. Section 701(a) of the act is amended to read:
8 Section 701. Solid Waste Abatement Fund.
9 (a) All fines, penalties and bond forfeitures collected
10 under the provisions of this act and all fees imposed under
11 section 511 shall be paid into the Treasury of the Commonwealth
12 into a special fund to be known as the "Solid Waste Abatement
13 Fund" hereby established. The Solid Waste Abatement Fund shall
14 be administered by the department for abatement or elimination
15 of present or potential hazards to human health or to the
16 environment from the improper treatment, transportation,
17 storage, processing or disposal of solid wastes and for the
18 enforcement of this act.
19 * * *
20 Section 10. (a) The terms and provisions of this act are to
21 be liberally construed so as to best achieve and effectuate the
22 goals and purposes of this act.
23 (b) The provisions of this act are severable. If any
24 provision of this act or its application to any person or
25 circumstance is held invalid, the invalidity shall not affect
26 other provisions or applications of this act which can be given
27 effect without the invalid provision or application.
28 (c) This act shall be construed in pari materia with the act
29 of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste
30 Planning, Recycling and Waste Reduction Act.
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1 Section 11. 18 Pa.C.S. §§ 9121(d) (relating to general
2 regulations) and 9124 (relating to use of records by licensing
3 agencies) are repealed insofar as they are inconsistent with
4 this act.
5 Section 12. This act shall take effect immediately.
E17L35VDL/19900S1649B2257 - 20 -