PRIOR PRINTER'S NO. 1065 PRINTER'S NO. 3324
No. 953 Session of 1991
INTRODUCED BY D. R. WRIGHT, COHEN, FAIRCHILD, STABACK, BELARDI,
PETRARCA, PISTELLA, RICHARDSON, TRELLO, PESCI, BILLOW,
CALTAGIRONE, COLAIZZO, JOSEPHS, LUCYK, LaGROTTA, GRUITZA,
MAYERNIK, FREEMAN, CARONE, KASUNIC, RUDY, KRUSZEWSKI, OLASZ,
STAIRS, FOX, HANNA, DEMPSEY, CIVERA, D. W. SNYDER, SERAFINI,
PHILLIPS, KING, BUSH, ARGALL, WOGAN, HERSHEY, CLYMER,
SCHEETZ, SCHULER AND STEELMAN, APRIL 2, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 24, 1992
AN ACT
1 Providing for labeling of, and information about, household <--
2 hazardous materials; conferring powers and duties upon the
3 Department of Environmental Resources; establishing the
4 Household Hazardous Materials Fund and providing for its
5 administration; and imposing penalties.
6 AMENDING THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108), ENTITLED <--
7 "AN ACT PROVIDING FOR THE CLEANUP OF HAZARDOUS WASTE SITES;
8 PROVIDING FURTHER POWERS AND DUTIES OF THE DEPARTMENT OF
9 ENVIRONMENTAL RESOURCES AND THE ENVIRONMENTAL QUALITY BOARD;
10 PROVIDING FOR RESPONSE AND INVESTIGATIONS FOR LIABILITY AND
11 COST RECOVERY; ESTABLISHING THE HAZARDOUS SITES CLEANUP FUND;
12 PROVIDING FOR CERTAIN FEES AND FOR ENFORCEMENT, REMEDIES AND
13 PENALTIES; AND REPEALING CERTAIN PROVISIONS RELATING TO THE
14 RATE OF THE CAPITAL STOCK FRANCHISE TAX," PROVIDING FOR WASTE
15 MINIMIZATION, FOR INCINERATION MORATORIUM, FOR FACILITY
16 CITING AND FOR HOST COMMUNITY REVIEW; AND FURTHER PROVIDING
17 FOR THE HAZARDOUS WASTE FACILITY SITING TEAM AND FOR THE HOST
18 MUNICIPALITY BENEFIT FEE.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Short title. <--
22 This act shall be known and may be cited as the Household
23 Hazardous Materials Act.
1 Section 2. Declaration of policy.
2 The General Assembly finds and declares as follows:
3 (1) Safeguarding public health, promoting worker safety
4 and protecting the environment by reducing the use of toxic
5 materials is the top priority of the Commonwealth for
6 hazardous waste and toxic material management.
7 (2) The Commonwealth should promote education and
8 information about toxics-use reduction in the home and in the
9 workplace.
10 (3) The Commonwealth should establish toxics-use
11 reduction as the preferred method for achieving compliance
12 with a Federal or State law pertaining to toxics production
13 and use, hazardous materials management, worker safety,
14 public health or releases of toxics into the environment.
15 (4) The Commonwealth should reduce the toxicity of the
16 solid waste stream to the maximum extent feasible.
17 (5) The Commonwealth should sustain and promote the
18 competitive position of Pennsylvania businesses while
19 advancing innovation in toxics-use reduction.
20 (6) The Commonwealth should adopt a Statewide goal for
21 toxics-use reduction, recognizing the achievements that have
22 already been made and that continue to be made, and should
23 develop and implement a comprehensive program to achieve that
24 goal with respect to the presence of toxics in the air, water
25 and land, and with respect to consumer and worker exposure.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Department." The Department of Environmental Resources of
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1 the Commonwealth.
2 "Display area label." The sign used by a retailer to mark a
3 household hazardous material display area as prescribed by the
4 department.
5 "Fund." The Household Hazardous Materials Fund established
6 in section 8.
7 "Household hazardous material." A product used for
8 residential purposes and designated by the department as
9 hazardous. The term includes a hazardous substance as defined in
10 section 103 of the act of October 18, 1988 (P.L.756, No.108),
11 known as the Hazardous Sites Cleanup Act. The term includes
12 motor oils, motor oil filters, gasoline and diesel additives,
13 degreasers, waxes, polishes, solvents, paints, lacquers,
14 thinners, caustic household cleaners, spot and stain removers
15 with petroleum base and petroleum-based fertilizers. The term
16 does not include laundry detergents or soaps, dishwashing
17 compounds, chlorine bleach, personal care products, personal
18 care soaps, cosmetics and medications.
19 "Manufacturer." A person who manufactures or produces a
20 household hazardous material for resale in this Commonwealth.
21 "Residential." A permanent place of abode, which is an
22 individual's home.
23 "Retailer." A person offering for sale or selling a
24 household hazardous material to the ultimate consumer within
25 this Commonwealth.
26 "Wholesaler." A person other than a manufacturer who engages
27 in the business of selling or distributing a household hazardous
28 material within this Commonwealth for the purpose of resale.
29 Section 4. Labels required.
30 (a) General rule.--A retailer shall affix a display area
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1 label, as prescribed by regulation, in a prominent location upon
2 or near the display area of a household hazardous material. If
3 the display area is a shelf and the price of the product is
4 affixed to the shelf, the label shall be affixed adjacent to the
5 price information.
6 (b) Product list.--The department shall develop by
7 regulation, in cooperation with wholesalers and retailer
8 associations, a household hazardous products list to be utilized
9 in the labeling of a display area containing products which are
10 household hazardous materials.
11 Section 5. Consumer information booklets.
12 (a) Display of booklet.--A retailer shall maintain and
13 prominently display a booklet, developed by the department, in
14 cooperation with manufacturers, wholesalers and retailer
15 associations, which provides information regarding the proper
16 use of household hazardous materials, specific instructions for
17 the proper disposal of certain substance categories and, where
18 applicable, environmentally safe substitutes.
19 (b) Bulletins provided.--The department shall also develop
20 and provide to retailers bulletins regarding household hazardous
21 materials which provide relevant information about the proper
22 use and disposal of household hazardous materials. The retailer
23 shall distribute the bulletins to customers free of charge.
24 (c) Person-to-person sales.--A manufacturer or wholesaler
25 who authorizes independent contractor retailers to sell the
26 products of the manufacturer or wholesaler on a person-to-person
27 basis primarily in the customer's home shall print informational
28 lists of its products which are designated by the department as
29 household hazardous materials. These lists of products and the
30 consumer information booklets under subsection (a) shall be
19910H0953B3324 - 4 -
1 provided by the manufacturer or wholesaler in sufficient
2 quantities to each contractor retailer for dissemination to
3 customers. During the course of a sale of a household hazardous
4 material by a contractor retailer, the customer shall be
5 provided with a copy of both the list and the consumer
6 information booklet. In subsequent sales to the same customer,
7 the list and booklet shall be noted as being available if
8 desired.
9 Section 6. Permits.
10 (a) Retailers.--A person may not operate as a retailer
11 without a permit for each place of business. To obtain a permit,
12 an applicant shall submit an application to the department,
13 containing information required by the department by regulation,
14 and a fee of $25. Permits are valid for one year and may be
15 renewed for an annual renewal fee of $25. Fees under this
16 subsection are nonrefundable. A retailer distributing general-
17 use pesticides labeled for agricultural or lawn and garden use
18 with gross annual pesticide sales of $10,000 or more in this
19 Commonwealth is exempt from this subsection.
20 (b) Independent contractors.--A manufacturer or wholesaler
21 which authorizes retailers as independent contractors to sell
22 the products of the manufacturer or a wholesaler on a person-to-
23 person basis primarily in the customer's home may obtain a
24 single household hazardous materials permit on behalf of its
25 authorized retailers. A manufacturer or wholesaler which has
26 gross retail sales of $3,000,000 or more in this Commonwealth
27 shall pay an additional permit fee of $100 for each subsequent
28 increment of $3,000,000 of gross retail sales in this
29 Commonwealth, up to a maximum permit fee of $3,000.
30 Section 7. Department.
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1 The department has the following powers and duties:
2 (1) To designate by regulation products which are
3 household hazardous materials and, in consultation with
4 manufacturers, wholesalers and retailer associations, to
5 develop a household hazardous product list for the use of
6 retailers in identifying the products.
7 (2) To enforce the provisions of this act and implement
8 the penalties established.
9 (3) To identify by regulation, after consulting with
10 departmental staff and the listings of other states, no more
11 than 50 commonly used household products which, due to level
12 of toxicity, extent of use, nondegradability or other
13 relevant characteristic, constitute the greatest danger of
14 contamination of the groundwater when placed in a landfill.
15 (4) To identify additional products by regulation.
16 Section 8. Fund.
17 (a) Establishment.--The Household Hazardous Materials Fund
18 is established as a separate fund in the State Treasury.
19 (b) Source.--The source of the fund shall be general
20 appropriations permit fees collected under section 6 and fines
21 collected under section 9.
22 (c) Administration.--The department shall administer the
23 fund to implement sections 4 and 5.
24 Section 9. Penalty.
25 A person who violates this act commits a summary offense and
26 shall, upon conviction, be sentenced to pay a fine of not less
27 than $100 nor more than $1,000.
28 Section 10. Effective date.
29 This act shall take effect in 180 days.
30 SECTION 1. SECTION 103 OF THE ACT OF OCTOBER 18, 1988 <--
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1 (P.L.756, NO.108), KNOWN AS THE HAZARDOUS SITES CLEANUP ACT, IS
2 AMENDED BY ADDING DEFINITIONS TO READ:
3 SECTION 103. DEFINITIONS.
4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
5 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
6 CONTEXT CLEARLY INDICATES OTHERWISE:
7 * * *
8 "COMMERCIAL HAZARDOUS WASTE INCINERATOR." A FACILITY WHICH
9 ACCEPTS HAZARDOUS WASTE FOR INCINERATION WHICH IS NOT A CAPTIVE
10 FACILITY.
11 "COMMERCIAL HAZARDOUS WASTE INCINERATOR OPERATOR." THE OWNER
12 OR OPERATOR OF A COMMERCIAL HAZARDOUS WASTE INCINERATOR OR A
13 PERSON PROPOSING A COMMERCIAL HAZARDOUS WASTE INCINERATOR.
14 "COMMERCIAL HAZARDOUS WASTE INCINERATOR SITE." ALL
15 CONTIGUOUS LAND OWNED OR UNDER THE CONTROL OF AN OWNER OR
16 OPERATOR OF A HAZARDOUS WASTE INCINERATOR FACILITY AND
17 IDENTIFIED IN A PERMIT OR PERMIT APPLICATION.
18 * * *
19 "HAZARDOUS WASTE GENERATOR." A PERSON OR MUNICIPALITY THAT
20 PRODUCES OR CREATES HAZARDOUS WASTE, AS DEFINED UNDER THE ACT OF
21 JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE
22 MANAGEMENT ACT, AND ANY REGULATIONS PROMULGATED UNDER THAT ACT.
23 "HAZARDOUS WASTE MINIMIZATION." THE REDUCTION OF HAZARDOUS
24 WASTE OR RESIDUAL WASTE GENERATION USING SOURCE REDUCTION OR
25 RECYCLING TECHNIQUES.
26 * * *
27 "SOURCE REDUCTION." THE REDUCTION OR ELIMINATION OF WASTE
28 GENERATION AT THE SOURCE BY METHODS, INCLUDING, BUT NOT LIMITED
29 TO, PROCESS MODIFICATION, A CHANGE IN RAW MATERIALS OR
30 FEEDSTOCKS USED IN A PRODUCTION PROCESS OR OPERATION, IMPROVED
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1 EFFICIENCY OF MACHINERY, RECYCLING WITHIN A PROCESS OR ANY
2 ACTION THAT REDUCES THE AMOUNT OF WASTE LEAVING A PROCESS. THE
3 TERM DOES NOT INCLUDE ANY OF THE FOLLOWING:
4 (1) ACTIONS TAKEN AFTER A HAZARDOUS WASTE IS GENERATED.
5 (2) ACTIONS THAT MERELY CONCENTRATE THE CONSTITUENTS OF
6 A HAZARDOUS WASTE TO REDUCE ITS VOLUME OR THAT DILUTE THE
7 HAZARDOUS WASTE TO REDUCE ITS HAZARDOUS CHARACTERISTICS.
8 (3) ACTIONS THAT MERELY SHIFT HAZARDOUS WASTES FROM ONE
9 ENVIRONMENTAL MEDIUM TO ANOTHER ENVIRONMENTAL MEDIUM.
10 (4) TREATMENT.
11 "TRADE SECRET." INCLUDES, BUT IS NOT LIMITED TO, ANY
12 FORMULA, PLAN, PATTERN, PROCESS, TOOL, MECHANISM, COMPOUND,
13 PROCEDURE, PRODUCTION, DATA OR COMPILATION OF INFORMATION WHICH:
14 (1) IS NOT PATENTED.
15 (2) IS KNOWN ONLY TO CERTAIN INDIVIDUALS WITHIN A
16 COMMERCIAL CONCERN WHO ARE USING IT TO FABRICATE, PRODUCE OR
17 COMPOUND AN ARTICLE OF TRADE OR A SERVICE HAVING COMMERCIAL
18 VALUE.
19 (3) GIVES ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS
20 ADVANTAGE OVER COMPETITORS WHO DO NOT KNOW OR USE IT.
21 * * *
22 "WASTE EXCHANGE." A SERVICE THAT TRANSFERS INFORMATION
23 BETWEEN WASTE GENERATORS AND POTENTIAL USERS.
24 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
25 SECTION 305.1. HAZARDOUS WASTE INCINERATOR.
26 (A) EVALUATION GRANT.--THE COMMERCIAL HAZARDOUS WASTE
27 INCINERATOR OPERATOR THAT INTENDS TO APPLY FOR A PERMIT UNDER
28 THE SOLID WASTE MANAGEMENT ACT SHALL MAKE AVAILABLE TO THE
29 GOVERNING BODY OF THE HOST MUNICIPALITY AND THE HOST COUNTY OF
30 ANY POTENTIAL SITES FOR THE COMMERCIAL HAZARDOUS WASTE
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1 INCINERATOR A GRANT OF AT LEAST $125,000 EACH FOR THE PURPOSE OF
2 REIMBURSING THE GOVERNING BODIES FOR THE COST FOR PROVIDING
3 COMMENTS ON A PROPOSED COMMERCIAL HAZARDOUS WASTE INCINERATOR
4 PLAN AND A PROFESSIONAL TECHNICAL REVIEW OF THE PERMIT
5 APPLICATION AND FOR EACH 12-MONTH PERIOD AFTER THE ANNOUNCEMENT
6 OF ANY PROPOSED COMMERCIAL HAZARDOUS WASTE INCINERATOR SITES.
7 THIS PROVISION SHALL NOT PROHIBIT THE GOVERNING BODIES AND THE
8 COMMERCIAL HAZARDOUS WASTE INCINERATOR OPERATOR FROM AGREEING TO
9 PROVIDE MORE FUNDS FOR THESE PURPOSES.
10 (B) ELIGIBLE COSTS.--THE COUNTY AND HOST MUNICIPALITY MAY
11 EXPEND THE GRANT ON LEGAL, ENGINEERING AND ENVIRONMENTAL
12 CONSULTING SERVICES NECESSARY FOR PROVIDING COMMENTS ON A
13 PROPOSED COMMERCIAL HAZARDOUS WASTE INCINERATOR PLAN AND TO
14 CONDUCT A TECHNICAL REVIEW OF THE PERMIT APPLICATION. THE COUNTY
15 AND HOST MUNICIPALITY SHALL SUBMIT A DETAILED ACCOUNTING FOR
16 EXPENDITURES MADE UNDER THE GRANT TO THE DEPARTMENT AND THE
17 COMMERCIAL HAZARDOUS WASTE INCINERATOR OPERATOR. THE COMMERCIAL
18 HAZARDOUS WASTE INCINERATOR OPERATOR SHALL NOT HAVE THE
19 AUTHORITY TO DISAPPROVE EXPENDITURES MADE UNDER THE GRANT AS
20 LONG AS THE FUNDS ARE EXPENDED FOR ELIGIBLE COSTS.
21 (C) UNUSED FUNDS.--ANY FUNDS NOT EXPENDED BY THE HOST COUNTY
22 OR HOST MUNICIPALITY WITHIN THE 12-MONTH PERIOD SHALL BE
23 RETURNED TO THE COMMERCIAL HAZARDOUS WASTE INCINERATOR OPERATOR.
24 (D) PRIOR APPLICATIONS.--THE PROVISIONS OF THIS SECTION
25 SHALL APPLY TO COMMERCIAL HAZARDOUS WASTE INCINERATOR OPERATORS
26 WHICH ANNOUNCED POTENTIAL COMMERCIAL HAZARDOUS WASTE INCINERATOR
27 FACILITY SITES AFTER JANUARY 1, 1990. GRANT FUNDS FOR ANY 12-
28 MONTH PERIOD BEGINNING IN 1990 SHALL BE AVAILABLE TO THE HOST
29 COUNTY AND HOST MUNICIPALITY THROUGH JULY 1, 1995.
30 SECTION 3. SECTION 306(A) AND (B) OF THE ACT ARE AMENDED TO
19910H0953B3324 - 9 -
1 READ:
2 SECTION 306. HOST MUNICIPALITY BENEFIT [FEE] FEES.
3 (A) IMPOSITION.--
4 (1) THERE SHALL BE IMPOSED A HOST MUNICIPALITY BENEFIT
5 FEE UPON THE OPERATOR OF EACH COMMERCIAL HAZARDOUS WASTE
6 TREATMENT OR DISPOSAL FACILITY THAT HAS A VALID PERMIT ON THE
7 EFFECTIVE DATE OF THIS ACT OR RECEIVES A NEW PERMIT OR PERMIT
8 THAT RESULTS IN ADDITIONAL CAPACITY FROM THE DEPARTMENT UNDER
9 THE SOLID WASTE MANAGEMENT ACT AFTER THE EFFECTIVE DATE OF
10 THIS ACT. THE FEE SHALL BE PAID TO THE HOST MUNICIPALITY. IF
11 THE FACILITY IS LOCATED WITHIN MORE THAN ONE HOST
12 MUNICIPALITY, THE FEE SHALL BE APPORTIONED AMONG THEM
13 ACCORDING TO THE PERCENTAGE OF THE PERMITTED AREA LOCATED IN
14 EACH MUNICIPALITY.
15 (2) THERE SHALL BE IMPOSED A HOST MUNICIPALITY BENEFIT
16 FEE UPON THE OWNER OR OPERATOR OF EACH FACILITY WHICH
17 UTILIZES HAZARDOUS WASTE, IN ANY FORM, AS A COMBUSTION FUEL
18 FOR COMMERCIAL OR NONCOMMERCIAL PURPOSES, REGARDLESS OF
19 WHETHER SUCH USE IS FOR THE PURPOSE OF DISPOSAL, TREATMENT,
20 PROCESSING OR RECYCLING. THIS PARAGRAPH SHALL NOT APPLY TO
21 ANY OF THE FOLLOWING:
22 (I) CAPTIVE FACILITIES.
23 (II) FACILITIES SUBJECT TO PARAGRAPH (1).
24 (B) AMOUNT.--[THE FEE SHALL BE $1 PER TON OF WEIGHED
25 HAZARDOUS WASTE OR $1 PER THREE CUBIC YARDS OF VOLUME-MEASURED
26 HAZARDOUS WASTE FOR ALL HAZARDOUS WASTE RECEIVED AT A FACILITY.]
27 FEES SHALL BE CALCULATED BASED ON TONNAGE. THE FEE SHALL BE $1
28 PER TON OF WEIGHED HAZARDOUS WASTE RECEIVED AT A FACILITY. FOR
29 PURPOSES OF THIS SECTION, ONE TON SHALL EQUAL 2,000 POUNDS.
30 WASTES MEASURED IN GALLONS SHALL BE CONVERTED TO TONS USING A
19910H0953B3324 - 10 -
1 FACTOR OF EIGHT POUNDS PER GALLON, OR PART THEREOF. WASTES
2 MEASURED IN CUBIC YARDS SHALL BE CONVERTED TO TONS USING A
3 FACTOR OF ONE TON PER CUBIC YARD, OR PART THEREOF. METRIC
4 MEASUREMENTS SHALL BE CONVERTED TO TONS USING STANDARD METRIC
5 CONVERSION FACTORS. ANY AMOUNTS PAID BY AN OPERATOR TO A HOST
6 MUNICIPALITY PURSUANT TO A PREEXISTING AGREEMENT SHALL SERVE AS
7 A CREDIT AGAINST THE FEE AMOUNT IMPOSED BY THIS SECTION.
8 * * *
9 SECTION 4. SECTION 309(A) AND (C) OF THE ACT ARE AMENDED AND
10 THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
11 SECTION 309. HAZARDOUS WASTE FACILITY SITING TEAM.
12 (A) ESTABLISHMENT.--WITHIN 30 DAYS AFTER THE EFFECTIVE DATE
13 OF THIS ACT, THE SECRETARY SHALL ESTABLISH A HAZARDOUS WASTE
14 FACILITY SITING TEAM CONSISTING OF DEPARTMENT PERSONNEL WITH THE
15 PARTICULAR EXPERTISE NECESSARY FOR THE COMPLETE REVIEW OF PERMIT
16 APPLICATIONS FOR COMMERCIAL HAZARDOUS WASTE TREATMENT OR
17 DISPOSAL FACILITIES. THE SECRETARY SHALL SELECT SITING TEAM
18 REPRESENTATIVES FROM EACH SECTION OF REVIEW REQUIRED TO
19 DETERMINE CONFORMITY OF APPLICATIONS WITH [SITING CRITERIA
20 CONTAINED IN PHASE I OF 25 PA. CODE CH. 75 SUBCH. F (RELATING TO
21 SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES)] 25
22 PA. CODE § 269.21 ET SEQ. (RELATING TO PHASE I EXCLUSIONARY
23 CRITERIA) AND OTHER APPLICABLE LAW AND REGULATIONS RELATING TO
24 THE REVIEW AND APPROVAL OF PERMIT APPLICATIONS. MEMBERS OF THE
25 SITING TEAM SHALL INCLUDE ATTORNEYS, ENGINEERS AND SUCH OTHER
26 ADMINISTRATIVE AND PROGRAM PERSONNEL CONSIDERED ESSENTIAL BY THE
27 SECRETARY FOR EXPEDITED REVIEW OF PERMIT APPLICATIONS. THE
28 PERFORMANCE OF THE SITING TEAM'S DUTIES PURSUANT TO THIS SECTION
29 SHALL BE DEEMED A PRIORITY WITH REGARD TO ANY OTHER WORK
30 ASSIGNMENTS AND RESPONSIBILITIES.
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1 * * *
2 (C) EXPEDITED SITE REVIEW.--WITHIN FIVE MONTHS OF THE
3 RECEIPT OF AN ADMINISTRATIVELY COMPLETE SITING MODULE PORTION OF
4 A PERMIT APPLICATION FOR A COMMERCIAL HAZARDOUS WASTE TREATMENT
5 OR DISPOSAL FACILITY, THE SITING TEAM SHALL COMPLETE ITS REVIEW
6 OF THE SITING MODULES TO DETERMINE THE CONFORMITY OF THE
7 PROPOSED SITE TO THE SITING CRITERIA ESTABLISHED PURSUANT TO
8 [PHASE I OF] 25 PA. CODE [CH. 75 SUBCH. F] § 269.21 ET SEQ. UPON
9 FILING THE SITING MODULES WITH THE SITING TEAM, AN APPLICANT
10 SHALL PROVIDE WRITTEN NOTIFICATION OF SUCH FILING TO THE
11 GOVERNING BODIES OF THE PROPOSED HOST COUNTY AND HOST
12 MUNICIPALITY. TO FACILITATE REVIEW BY THE HOST COUNTY AND HOST
13 MUNICIPALITY, GRANTS MAY BE MADE AVAILABLE PURSUANT TO SECTION
14 304(D). IN ADDITION, MEMBERS OF THE DEPARTMENT'S SITING TEAM
15 SHALL BE AVAILABLE TO THE APPLICANT AND THE GOVERNING BODIES OF
16 THE PROPOSED HOST COUNTY AND HOST MUNICIPALITY FOR THE PURPOSE
17 OF DISCUSSING THE SITING MODULES AND THEIR CONFORMITY WITH THE
18 SITING CRITERIA. THE SITING TEAM SHALL CONDUCT ONE PUBLIC
19 HEARING AND AT LEAST ONE PUBLIC INFORMATION MEETING ON THE
20 APPLICATION AT LOCATIONS NEAR THE PROPOSED SITE DURING THE FIVE-
21 MONTH REVIEW PERIOD. THE SITING TEAM SHALL NOTIFY THE APPLICANT,
22 THE HOST COUNTY AND HOST MUNICIPALITY OF ITS DETERMINATION
23 REGARDING THE CONFORMITY OF THE SITING MODULES WITH THE SITING
24 CRITERIA IN WRITING.
25 * * *
26 (D.1) COPIES OF APPLICATION.--IF THE DEPARTMENT ACCEPTS THE
27 PERMIT APPLICATION FOR A HAZARDOUS WASTE TREATMENT OR DISPOSAL
28 FACILITY AS ADMINISTRATIVELY COMPLETE, THE DEPARTMENT SHALL SEND
29 A COPY OF THE PERMIT APPLICATION TO THE HOST COUNTY AND HOST
30 MUNICIPALITY FOR APPROVAL OR DISAPPROVAL.
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1 (D.2) PROCEDURE.--WITHIN 60 DAYS OF THE DETERMINATION BY THE
2 DEPARTMENT THAT A PERMIT APPLICATION IS ADMINISTRATIVELY
3 COMPLETE, THE SITING TEAM SHALL HOLD A PREHEARING CONFERENCE
4 WITH THE APPLICANT AND WITH THE HOST COUNTY COMMISSIONERS TO
5 DETERMINE IF ADDITIONAL INFORMATION IS NEEDED TO COMPLETE A
6 TECHNICAL REVIEW OF THE APPLICATION. THE APPLICANT SHALL SUBMIT
7 FINAL CORRECTIONS AND ANY ADDITIONAL INFORMATION REQUIRED BY THE
8 DEPARTMENT NOT LATER THAN 90 DAYS AFTER THE DEPARTMENT
9 DETERMINES THAT THE PERMIT APPLICATION IS ADMINISTRATIVELY
10 COMPLETE. THE FINAL CORRECTIONS AND ADDITIONAL INFORMATION SHALL
11 BE SUBMITTED TO THE DEPARTMENT AND THE HOST COUNTY BY THE
12 APPLICANT. ANY FURTHER NEED FOR INFORMATION AFTER 90 DAYS SHALL
13 RESULT IN REJECTION OF THE APPLICATION BY THE DEPARTMENT.
14 (D.3) HOST COUNTY.--THE HOST COUNTY SHALL HAVE TEN DAYS
15 AFTER THE FINAL CORRECTIONS REQUIRED BY THE DEPARTMENT ARE
16 SUBMITTED BY THE APPLICANT TO MAKE A DETERMINATION AS TO WHETHER
17 THE HOST COUNTY COMMISSIONERS WILL HOLD A HEARING TO APPROVE OR
18 DISAPPROVE THE PERMIT APPLICATION. IF THE HOST COUNTY MAKES A
19 DETERMINATION THAT IT WILL HOLD A PUBLIC HEARING, THE HOST
20 COUNTY MUST HOLD THE PUBLIC HEARING WITHIN 30 DAYS AFTER THE
21 INFORMATION REFERRED TO IN SUBSECTION (D.2) IS SUBMITTED BY THE
22 APPLICANT. THE HOST COUNTY MUST FOLLOW THE HEARING PROCEDURES
23 SET FORTH IN SUBSECTION (D.5).
24 (D.4) HOST MUNICIPALITY.--IF THE HOST COUNTY DETERMINES
25 WITHIN TEN DAYS THAT IT WILL NOT HOLD A HEARING AND WILL NOT ACT
26 TO APPROVE OR DISAPPROVE A PERMIT APPLICATION, THE HOST COUNTY
27 SHALL NOTIFY IN WRITING THE GOVERNING BODY OF THE HOST
28 MUNICIPALITY AND THE APPLICANT OF ITS DETERMINATION. THE HOST
29 COUNTY SHALL ALSO SEND ANY AND ALL SUPPORTING DATA PERTAINING TO
30 THE PERMIT APPLICATION RECEIVED FROM THE APPLICANT OR THE
19910H0953B3324 - 13 -
1 DEPARTMENT TO THE HOST MUNICIPALITY TO EXPEDITE ITS REVIEW OF
2 THE PERMIT APPLICATION. THE HOST MUNICIPALITY'S GOVERNING BODY
3 SHALL HOLD A PUBLIC HEARING AND APPROVE OR DISAPPROVE THE PERMIT
4 APPLICATION WITHIN 20 DAYS AFTER NOTIFICATION BY THE HOST COUNTY
5 IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SUBSECTION (D.5).
6 (D.5) HEARING; NOTICE.--A HEARING SHALL BE HELD BY EITHER
7 THE HOST COUNTY COMMISSIONERS OR THE GOVERNING BODY OF THE HOST
8 MUNICIPALITY WITHIN 120 DAYS OF RECEIPT OF THE COPY OF THE
9 PERMIT APPLICATION WHICH IS ADMINISTRATIVELY COMPLETE. NOTICE OF
10 THE PUBLIC HEARING SHALL BE GIVEN BY PUBLICATION OF A NOTICE IN
11 A NEWSPAPER EITHER PUBLISHED IN OR HAVING A GENERAL CIRCULATION
12 IN THE COUNTY OR MUNICIPALITY WHERE THE PROPOSED FACILITY IS TO
13 BE LOCATED. THE NOTICE SHALL STATE THE TIME AND PLACE OF
14 HEARING, THE NAME OF THE APPLICANT FOR A PERMIT AND THE EXACT
15 LOCATION OF THE PROPOSED FACILITY. THE PUBLIC COMMENT PERIOD
16 SHALL EXTEND 15 DAYS AFTER THE HEARING.
17 (D.6) SITING TEAM.--THE HAZARDOUS WASTE SITING TEAM SHALL BE
18 REPRESENTED AT THE PUBLIC HEARINGS HELD BY EITHER THE HOST
19 COUNTY OR MUNICIPALITY. THE SITING TEAM SHALL RESPOND TO WRITTEN
20 QUESTIONS FROM THE COUNTY OR THE MUNICIPALITY WITHIN 15 DAYS
21 AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD.
22 (D.7) APPROVAL FACTORS.--THE HOST COUNTY OR HOST
23 MUNICIPALITY, IF THE HOST COUNTY DECLINES TO DO SO, SHALL
24 APPROVE OR DISAPPROVE THE PERMIT APPLICATION BASED UPON A
25 CONSIDERATION OF THE FOLLOWING FACTORS: THE EFFECT OF THE
26 FACILITY ON THE SAFETY OF THE PUBLIC, TAKING INTO CONSIDERATION
27 THE POPULATED AREA NEIGHBORING THE SITE; THE IMPACT THAT THE
28 PROPOSED SITE MAY HAVE ON FOOD OR AGRICULTURAL PRODUCTS MEANT
29 FOR HUMAN OR ANIMAL CONSUMPTION WHICH ARE GROWN OR PROCESSED
30 WITHIN A FIVE-MILE RADIUS OF THE PROPOSED SITE; THE POPULATED
19910H0953B3324 - 14 -
1 AREAS ADJACENT TO THE PORTION OF THE DELIVERY ROADS WITHIN A 50-
2 MILE RADIUS OF THE SITE AND THE RISK OF ACCIDENTS DURING THE
3 TRANSPORTATION OF WASTE TO OR AT THE SITE; THE FINANCIAL ABILITY
4 OF THE APPLICANT TO OPERATE THE PROPOSED FACILITY; THE
5 APPLICANT'S RELIABILITY, EXPERTISE AND COMPETENCY TO OPERATE AND
6 MANAGE THE PROPOSED FACILITY; THE CONFORMANCE OF THE SITE TO
7 OFFICIALLY ADOPTED LAND USE PLANS, POLICIES, REGULATIONS,
8 ORDINANCES AND RESOLUTIONS; AND THE CONFORMANCE OF THE SITE TO
9 SITING CRITERIA ESTABLISHED BY THE DEPARTMENT.
10 (D.8) TIME LIMIT.--THE HOST COUNTY OR HOST MUNICIPALITY
11 SHALL APPROVE OR DISAPPROVE THE PERMIT APPLICATION WITHIN 180
12 DAYS OF RECEIPT FROM THE DEPARTMENT OF A COPY OF THE PERMIT
13 APPLICATION WHICH IS ADMINISTRATIVELY COMPLETE, AND SHALL NOTIFY
14 THE DEPARTMENT AND THE APPLICANT IN WRITING OF ITS ACTION.
15 (D.9) REASONS FOR DISAPPROVAL.--IF THE HOST COUNTY OR HOST
16 MUNICIPALITY DISAPPROVES THE PERMIT APPLICATION, IT SHALL
17 SPECIFY IN WRITING ITS REASONS FOR DISAPPROVAL TO THE DEPARTMENT
18 AND THE APPLICANT.
19 (D.10) APPEAL.--APPEAL OF ANY DECISION OF THE HOST COUNTY OR
20 HOST MUNICIPALITY ON THE PERMIT APPLICATION SHALL BE TO THE
21 APPELLATE JURISDICTION, UNDER 42 PA.C.S. § 933(A)(3) (RELATING
22 TO APPEALS FROM GOVERNMENT AGENCIES), OF THE COURT OF COMMON
23 PLEAS OF THE COUNTY IN WHICH THE HAZARDOUS WASTE TREATMENT OR
24 DISPOSAL FACILITY IS PROPOSED TO BE LOCATED. THE COURT OF COMMON
25 PLEAS SHALL LIMIT ITS REVIEW OF THE HOST COUNTY OR HOST
26 MUNICIPALITY'S DISAPPROVAL OF THE PERMIT APPLICATION TO THE
27 FOLLOWING CRITERIA:
28 (1) WHETHER THE HOST COUNTY OR HOST MUNICIPALITY
29 VIOLATED ANY PROVISION OF THIS ACT;
30 (2) WHETHER THERE WAS A VIOLATION OF CONSTITUTIONAL
19910H0953B3324 - 15 -
1 RIGHTS IN THE DECISION OF THE HOST COUNTY OR HOST
2 MUNICIPALITY TO DISAPPROVE THE PERMIT APPLICATION; OR
3 (3) WHETHER THE HOST COUNTY OR HOST MUNICIPALITY MADE A
4 FINDING OF FACT IN ACCORDANCE WITH THIS ACT WHICH WAS NOT
5 BASED UPON SUBSTANTIAL EVIDENCE.
6 (D.11) ACTION DURING AND AFTER REVIEW PROCESS.--DURING THE
7 REVIEW PROCESS BY THE HOST COUNTY OR MUNICIPALITY, THE
8 DEPARTMENT SHALL CONTINUE ITS TECHNICAL REVIEW OF THE PERMIT
9 APPLICATION. IF THE HOST COUNTY OR MUNICIPALITY DISAPPROVES THE
10 PERMIT APPLICATION, THE DEPARTMENT SHALL NOT TAKE FURTHER ACTION
11 ON THE APPLICATION UNLESS THE DISAPPROVAL IS REVERSED BY COURT
12 ORDER.
13 * * *
14 (G) SITE LOCATION CRITERIA.--NO HAZARDOUS WASTE TREATMENT OR
15 DISPOSAL FACILITY MAY BE LOCATED WITHIN TWO AIR MILES OF A
16 SCHOOL, COMMUNITY PARK, HOSPITAL, CHURCH, RETAIL CENTER, NURSING
17 HOME OR OCCUPIED DWELLING. THE DISTANCE FROM A FACILITY TO A
18 FEATURE OR STRUCTURE DESCRIBED IN THIS SECTION SHALL BE MEASURED
19 FROM THE PERIMETER OF THE FACILITY SITE.
20 (H) EXCLUSIONARY SITING CRITERIA.--THE PROVISIONS OF 25 PA.
21 CODE § 269.21 ET SEQ. SHALL APPLY TO THE PROPOSED FACILITY SITE,
22 WHICH SHALL INCLUDE THE ENTIRE SITE, INCLUDING ALL CONTIGUOUS
23 LAND OWNED OR UNDER THE CONTROL OF THE PROPOSED OWNER OR
24 OPERATOR OF THE HAZARDOUS WASTE FACILITY AND IDENTIFIED IN A
25 PERMIT OR PERMIT APPLICATION.
26 (I) SITING APPLICATION CRITERIA.--
27 (1) THE SITING TEAM SHALL NOT ACCEPT ANY PERMIT
28 APPLICATION OR SITING MODULE FOR THE SITING, CONSTRUCTION OR
29 OPERATION OF A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY
30 UNLESS THAT PERMIT APPLICATION OR SITING MODULE IS
19910H0953B3324 - 16 -
1 ACCOMPANIED BY A COMPLETED ENGINEERING DESIGN OF THE PROPOSED
2 FACILITY THAT IS IN CONFORMANCE WITH PERFORMANCE STANDARDS
3 ESTABLISHED BY THE DEPARTMENT. THE DEPARTMENT SHALL NOT
4 REVIEW OR CONSIDER A PENDING APPLICATION FOR THE CONSTRUCTION
5 OR OPERATION OF A HAZARDOUS WASTE FACILITY UNTIL THE
6 ENGINEERING DESIGN OF THE PROPOSED FACILITY IS COMPLETE.
7 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
8 CONTRARY, NO PERMIT FOR THE CONSTRUCTION OR OPERATION OF A
9 HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY THAT
10 INCINERATES OR TRIAL BURNS HAZARDOUS WASTE SHALL BE GRANTED
11 UNLESS AND UNTIL THE APPLICANT CAN DEMONSTRATE THAT THE
12 FACILITY HAS BEEN DESIGNED AND WILL BE OPERATED IN SUCH
13 MANNER TO ACHIEVE A DESTRUCTION AND REMOVAL EFFICIENCY OF
14 100% FOR EACH HAZARDOUS CONSTITUENT, AS DEFINED AT 40 CFR PT.
15 261, APP. VIII (JULY 1, 1989) (RELATING TO HAZARDOUS
16 CONSTITUENTS), ESTABLISHED PURSUANT TO THE RESOURCE
17 CONSERVATION AND RECOVERY ACT OF 1976 (PUBLIC LAW 94-580, 42
18 U.S.C. § 6901 ET SEQ.), DESIGNATED IN ITS PERMIT APPLICATION
19 AND THAT THE WASTE WILL POSE NO THREAT TO HUMAN HEALTH OR THE
20 ENVIRONMENT WHEN BURNED IN THE INCINERATOR.
21 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
22 CONTRARY, A PERMIT FOR THE CONSTRUCTION OR OPERATION OF A
23 HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY THAT
24 INCINERATES HAZARDOUS WASTE MUST, AS A CONDITION OF THE
25 PERMIT, REQUIRE THE INSTALLATION OF AN AIR EMISSION
26 MONITORING SYSTEM CAPABLE OF MONITORING EMISSIONS OF ALL
27 CONTAMINANTS, AND WHICH IS APPROVED BY THE DEPARTMENT. THE
28 MONITORING SYSTEM MUST PROVIDE CONTINUOUS MEASUREMENTS TO
29 ENSURE COMPLIANCE WITH EMISSION LIMITS. THE SYSTEM MUST ALSO
30 BE CAPABLE OF PROVIDING A PERMANENT RECORD OF MONITORED
19910H0953B3324 - 17 -
1 EMISSIONS THAT WILL BE AVAILABLE UPON REQUEST TO THE
2 DEPARTMENT AND THE GENERAL PUBLIC. THE DEPARTMENT SHALL
3 PROVIDE PERIODIC INSPECTION OF THE MONITORING SYSTEM TO
4 DETERMINE ITS CONTINUED ACCURACY.
5 SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
6 SECTION 314. MONITORING OF BURNING.
7 (A) EMISSION MONITOR.--THE DEPARTMENT SHALL NOT ISSUE A
8 PERMIT FOR THE BURNING OF HAZARDOUS WASTE UNLESS THE OPERATOR OF
9 THE WASTE BURNING SITE HAS IN PLACE AND IN OPERATION A CARBON
10 MONOXIDE CONTINUOUS EMISSION MONITOR AND AN INSTRUMENT FOR THE
11 CONTINUOUS MONITORING OF OPACITY, AS APPROVED BY THE DEPARTMENT.
12 (B) APPLICATION OF SECTION.--
13 (1) THIS SECTION SHALL NOT APPLY TO WASTE SITES
14 OPERATING UNDER PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF
15 THIS SECTION.
16 (2) THIS SECTION SHALL NOT APPLY TO SMALL BUSINESSES
17 WHICH BURN SMALL AMOUNTS OF HAZARDOUS WASTE, AS DEFINED BY
18 REGULATION OF THE DEPARTMENT.
19 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "PERMIT"
20 INCLUDES A PERMIT ISSUED UNDER THIS ACT, THE ACT OF JULY 7, 1980
21 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT, AND
22 ANY OTHER APPLICABLE STATUTE.
23 SECTION 315. FACILITY SITING.
24 (A) ADOPTION OF REGULATIONS.--THE DEPARTMENT SHALL, WITHIN
25 TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, ADOPT
26 REGULATIONS ESTABLISHING CRITERIA FOR THE SITING OF SOLID WASTE
27 TREATMENT, PROCESSING OR DISPOSAL FACILITIES, WHICH CRITERIA
28 SHALL INCLUDE, BUT NOT BE LIMITED TO, SPECIFIC RESTRICTIONS AND
29 LIMITATIONS ON THE SITING OF MORE THAN ONE SOLID WASTE FACILITY
30 WITHIN A FIVE-MILE RADIUS OF ANY EXISTING OR PROPOSED SOLID
19910H0953B3324 - 18 -
1 WASTE FACILITY.
2 (B) SPECIFIC REQUIREMENTS.--SUCH REGULATIONS SHALL CONSIDER
3 AND ADDRESS THE ENVIRONMENTAL, ECONOMIC AND SOCIETAL IMPACTS OF
4 THE SITING OF MORE THAN ONE SOLID WASTE TREATMENT, PROCESSING OR
5 DISPOSAL FACILITY WITHIN THE FIVE-MILE RADIUS.
6 SECTION 6. SECTION 902(A) OF THE ACT IS AMENDED BY ADDING A
7 PARAGRAPH TO READ:
8 SECTION 902. EXPENDITURES FROM FUND.
9 (A) PURPOSES.--THE DEPARTMENT SHALL EXPEND MONEY IN THE FUND
10 FOR PURPOSES INCLUDING, BUT NOT LIMITED TO:
11 * * *
12 (14) CLEANUP OF THOSE EXISTING WASTE TIRE STOCKPILES
13 THAT PRESENT A POTENTIALLY HAZARDOUS THREAT, AS DETERMINED BY
14 EACH DEPARTMENTAL REGION, TO THE HEALTH, SAFETY AND WELFARE
15 OF THE CITIZENS OF THIS COMMONWEALTH.
16 * * *
17 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 1303.1. WASTE MINIMIZATION PLAN.
19 (A) GENERAL RULE.--EACH HAZARDOUS WASTE GENERATOR SHALL
20 PREPARE AND IMPLEMENT A WASTE MINIMIZATION PLAN TO DEMONSTRATE
21 THAT A PROGRAM IS IN PLACE TO REDUCE THE VOLUME AND TOXICITY OF
22 HAZARDOUS WASTE GENERATED TO THE DEGREE THAT IS DETERMINED BY
23 THE DEPARTMENT TO BE TECHNOLOGICALLY AND ECONOMICALLY FEASIBLE.
24 THE WASTE MINIMIZATION PLAN SHALL BE PREPARED, SUBMITTED TO THE
25 DEPARTMENT AND AVAILABLE FOR INSPECTION WITHIN ONE YEAR OF THE
26 EFFECTIVE DATE OF THIS SECTION. IMPLEMENTATION SHALL COMMENCE
27 WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
28 (B) CONTENTS OF PLAN.--EACH WASTE MINIMIZATION PLAN SHALL
29 CONTAIN THE FOLLOWING INFORMATION:
30 (1) A DESCRIPTION OF EACH HAZARDOUS WASTE STREAM
19910H0953B3324 - 19 -
1 GENERATED AT THE FACILITY, THE GENERATION RATE BY WEIGHT OR
2 VOLUME PER UNIT OF PRODUCTION AND AN EVALUATION OF THE NATURE
3 AND EXTENT OF ANY CURRENT OR PREVIOUS WASTE MINIMIZATION
4 PROGRAMS OR EFFORTS AT THE FACILITY.
5 (2) A PLAN FOR REDUCING THE VOLUME OF HAZARDOUS WASTE
6 GENERATED BY SOURCE REDUCTION TECHNIQUES TO THE GREATEST
7 EXTENT THAT IS TECHNOLOGICALLY AND ECONOMICALLY FEASIBLE. THE
8 PLAN SHALL DESCRIBE THE SPECIFIC SOURCE REDUCTION TECHNIQUES
9 THAT WILL BE IMPLEMENTED, THE EXTENT TO WHICH THE VOLUME OF
10 WASTE WILL BE REDUCED AND THE MANNER IN WHICH THE REDUCTION
11 WILL BE MEASURED. THE PLAN SHALL INCLUDE A DETAILED
12 EVALUATION OF THE POTENTIAL FOR WASTE REDUCTION BY CHANGING
13 THE NATURE OR QUANTITY OF RAW MATERIALS, CHANGING PRODUCTION
14 EQUIPMENT OR TECHNOLOGY, IMPROVING PRODUCTION OPERATIONS AND
15 PROCEDURES, IMPROVING QUALITY CONTROL AND EMPLOYEE EDUCATION,
16 REDESIGNING OR REFORMULATING END PRODUCTS AND OTHER MEANS.
17 THE PLAN SHALL FULLY DOCUMENT AND EXPLAIN THE GENERATOR'S
18 RATIONALE FOR REJECTING ANY SOURCE REDUCTION APPROACH
19 AVAILABLE TO THE GENERATOR.
20 (3) A DETAILED ANALYSIS OF THE POTENTIAL FOR COST
21 SAVINGS FROM SOURCE REDUCTION, INCLUDING SAVINGS IN RAW
22 MATERIALS AND ENERGY, REDUCED DISPOSAL COSTS, REDUCED
23 ENVIRONMENTAL LIABILITY, INCREASED OPERATIONAL EFFICIENCY AND
24 OTHER FACTORS.
25 (4) AN EVALUATION AND, TO THE EXTENT PRACTICABLE, A
26 QUANTIFICATION OF THE EFFECTS OF THE CHOSEN SOURCE REDUCTION
27 METHOD ON EMISSIONS AND DISCHARGES TO AIR, WATER AND LAND.
28 (5) FOR EACH HAZARDOUS WASTE STREAM THAT WILL NOT BE
29 ELIMINATED BY SOURCE REDUCTION TECHNIQUES, A PLAN FOR USING
30 OR RECLAIMING THE WASTE TO THE GREATEST EXTENT THAT IS
19910H0953B3324 - 20 -
1 TECHNOLOGICALLY AND ECONOMICALLY FEASIBLE. FOR EACH WASTE,
2 THE PLAN SHALL INCLUDE AN EVALUATION OF THE LIKELIHOOD THAT
3 LISTING SUCH WASTE WITH A WASTE EXCHANGE WOULD RESULT IN THE
4 USE OR RECLAMATION OF SUCH WASTE. FOR EACH WASTE, A DETAILED
5 ANALYSIS OF THE POTENTIAL FOR ONSITE USE OR RECLAMATION SHALL
6 BE CONDUCTED, INCLUDING AN ANALYSIS OF AVAILABLE
7 TECHNOLOGIES. A DETAILED ANALYSIS OF THE POTENTIAL FOR
8 OFFSITE USE OR RECLAMATION, INCLUDING CONSIDERATION OF
9 POTENTIAL MARKETS OR RECLAMATION FACILITIES, SHALL BE
10 COMPLETED. AN ANALYSIS OF THE POTENTIAL FOR COSTS SAVINGS
11 FROM RECYCLING SHALL BE PREPARED, INCLUDING THE CRITERIA
12 LISTED IN PARAGRAPH (2).
13 (6) FOR EACH WASTE STREAM THAT WILL NOT BE ELIMINATED BY
14 SOURCE REDUCTION, USE OR RECLAMATION TECHNIQUES, AN ANALYSIS
15 OF THE TREATMENT AND DISPOSAL ALTERNATIVES AVAILABLE. THE
16 SELECTED ALTERNATIVE MUST MINIMIZE THE PRESENT AND FUTURE
17 THREAT TO HUMAN HEALTH AND THE ENVIRONMENT.
18 (7) A TIMETABLE FOR IMPLEMENTATION OF EACH ELEMENT OF
19 THE WASTE MINIMIZATION PLAN.
20 (C) CERTIFICATION.--AT THE TIME A WASTE MINIMIZATION PLAN IS
21 SUBMITTED TO THE DEPARTMENT, THE GENERATOR SHALL CERTIFY THAT
22 THE GENERATOR HAS IMPLEMENTED, IS IMPLEMENTING OR WILL BE
23 IMPLEMENTING THE SOURCE REDUCTION MEASURES IDENTIFIED IN THE
24 WASTE MINIMIZATION PLAN ACCORDING TO THE IMPLEMENTATION SCHEDULE
25 CONTAINED IN THE PLAN. A GENERATOR MAY DETERMINE NOT TO
26 IMPLEMENT A MEASURE CONTAINED IN THE PLAN ONLY IF THE GENERATOR
27 DETERMINES, UPON CONDUCTING FURTHER ANALYSIS OR DUE TO
28 UNEXPECTED CIRCUMSTANCES, THAT THE SELECTED MEASURE IS NOT
29 TECHNICALLY FEASIBLE OR ECONOMICALLY PRACTICABLE AND THE
30 DEPARTMENT CONCURS IN THIS DETERMINATION OR IF ATTEMPTS TO
19910H0953B3324 - 21 -
1 IMPLEMENT THAT MEASURE REVEAL THAT THE MEASURE WOULD RESULT IN,
2 OR HAS RESULTED IN, ANY OF THE FOLLOWING:
3 (1) AN INCREASE IN THE GENERATION OF HAZARDOUS WASTE.
4 (2) AN INCREASE IN THE RELEASE OF HAZARDOUS CHEMICALS TO
5 OTHER ENVIRONMENTAL MEDIA.
6 (3) A SIGNIFICANT INCREASE IN THE RISK OF AN ADVERSE
7 IMPACT TO HUMAN HEALTH OR THE ENVIRONMENT.
8 (D) ANNUAL REPORT.--EACH GENERATOR SHALL SUBMIT AN ANNUAL
9 WASTE MINIMIZATION REPORT. THE REPORT SHALL BE ON A FORM
10 PROVIDED BY THE DEPARTMENT AND SHALL CONTAIN THE FOLLOWING
11 INFORMATION:
12 (1) THE NAME, IDENTIFICATION NUMBER, MAILING ADDRESS AND
13 LOCATION OF THE GENERATOR.
14 (2) A LIST OF EACH HAZARDOUS WASTE STREAM GENERATED, THE
15 HAZARDOUS WASTE NUMBER, THE GENERATION RATE BY WEIGHT OR
16 VOLUME PER UNIT OF PRODUCTION FOR THE CURRENT OR PREVIOUS
17 YEARS AND THE PERCENT INCREASE OR DECREASE IN THE GENERATION
18 RATE.
19 (3) AN ASSESSMENT OF THE EFFECT, DURING THE CURRENT YEAR
20 AND PREVIOUS YEARS, OF EACH HAZARDOUS WASTE MINIMIZATION
21 MEASURE IMPLEMENTED UPON THE GENERATION OF HAZARDOUS WASTE.
22 THE REPORT SHALL CONSIDER, BUT NOT BE LIMITED TO, MEASURES
23 WHICH USE ALL OF THE FOLLOWING APPROACHES:
24 (I) SOURCE REDUCTION.
25 (II) RECYCLING.
26 (III) TREATMENT.
27 (4) A DESCRIPTION OF FACTORS DURING THE CURRENT
28 REPORTING YEAR OR TWO PREVIOUS YEARS THAT HAVE AFFECTED
29 HAZARDOUS WASTE GENERATION AND ONSITE AND OFFSITE MANAGEMENT,
30 INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
19910H0953B3324 - 22 -
1 (I) CHANGES IN BUSINESS ACTIVITY.
2 (II) CHANGES IN WASTE CLASSIFICATION.
3 (III) NATURAL PHENOMENA.
4 (IV) OTHER FACTORS THAT HAVE AFFECTED EITHER THE
5 QUANTITY OF HAZARDOUS WASTE GENERATED OR ONSITE AND
6 OFFSITE HAZARDOUS WASTE MANAGEMENT REQUIREMENTS.
7 (5) OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT.
8 (E) ANNUAL REPORT TO GOVERNOR AND GENERAL ASSEMBLY.--
9 COMMENCING JULY 1, 1993, THE SECRETARY SHALL PREPARE AND SUBMIT
10 TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY AN ANNUAL REPORT OF
11 THE DEPARTMENT'S OPERATIONS AND ACTIVITIES IN CARRYING OUT THE
12 PROVISIONS OF THIS SECTION. THE REPORT SHALL INCLUDE, BUT NOT BE
13 LIMITED TO, ALL OF THE FOLLOWING INFORMATION:
14 (1) AN EVALUATION OF THE HAZARDOUS WASTE SOURCE
15 REDUCTION PROGRESS IN THIS COMMONWEALTH.
16 (2) RECOMMENDATIONS FOR LEGISLATION.
17 (3) IDENTIFICATION OF ANY FEDERAL, STATE OR PRIVATE
18 ECONOMIC AND FINANCIAL INCENTIVES THAT CAN BEST ACCELERATE
19 AND MAXIMIZE THE RESEARCH AND DEVELOPMENT OF SOURCE REDUCTION
20 AND OTHER HAZARDOUS WASTE MINIMIZATION TECHNOLOGIES AND
21 APPROACHES.
22 (4) THE STATUS, FUNDING AND RESULTS OF ALL RESEARCH
23 PROJECTS.
24 (F) TRADE SECRETS.--THE DEPARTMENT SHALL ADOPT REGULATIONS
25 TO ENSURE THAT TRADE SECRETS DESIGNATED BY A HAZARDOUS WASTE
26 GENERATOR IN THE WASTE MINIMIZATION PLAN REQUIRED BY THIS
27 SECTION ARE UTILIZED BY THE DEPARTMENT ONLY IN CONNECTION WITH
28 THE RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS SECTION AND
29 THAT THOSE TRADE SECRETS ARE NOT OTHERWISE DISSEMINATED BY THE
30 DEPARTMENT OR ANY AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT
19910H0953B3324 - 23 -
1 WITHOUT THE CONSENT OF THE GENERATOR. HOWEVER, ANY INFORMATION
2 SHALL BE MADE AVAILABLE TO GOVERNMENTAL AGENCIES FOR USE IN
3 MAKING STUDIES AND FOR USE IN JUDICIAL REVIEW OR ENFORCEMENT
4 PROCEEDINGS INVOLVING THE PERSON FURNISHING THE INFORMATION. THE
5 REGULATIONS SHALL CONFORM WITH THE CORRESPONDING TRADE SECRET
6 REGULATIONS ADOPTED BY THE ENVIRONMENTAL PROTECTION AGENCY
7 PURSUANT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
8 (PUBLIC LAW 94-580, 42 U.S.C. § 6901 ET SEQ.), EXCEPT THAT THE
9 REGULATIONS ADOPTED BY THE DEPARTMENT MAY BE MORE STRINGENT OR
10 MORE EXTENSIVE THAN THE FEDERAL TRADE SECRET REGULATIONS.
11 (1) THE DEPARTMENT SHALL PROTECT FROM DISCLOSURE ANY
12 TRADE SECRET DESIGNATED BY THE GENERATOR UNDER THIS SECTION.
13 (2) THIS SECTION DOES NOT PERMIT A GENERATOR TO REFUSE
14 TO DISCLOSE THE INFORMATION REQUIRED UNDER THIS SECTION TO
15 THE DEPARTMENT.
16 (3) ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT WHO,
17 BECAUSE OF EMPLOYMENT OR OFFICIAL POSITION, HAS POSSESSION OF
18 OR ACCESS TO CONFIDENTIAL INFORMATION AND WHO, KNOWING THAT
19 DISCLOSURE OF THE INFORMATION TO THE GENERAL PUBLIC IS
20 PROHIBITED BY THIS SECTION, KNOWINGLY AND INTENTIONALLY
21 DISCLOSES THE INFORMATION TO ANY PERSON NOT ENTITLED TO
22 RECEIVE IT, COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND
23 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
24 MORE THAN $1,000.
25 SECTION 8. (A) INCINERATION OF HAZARDOUS MATERIAL LISTED IN
26 THIS ACT, SOIL OR OTHER SUBSTANCES CONTAMINATED BY PETROLEUM OR
27 PETROLEUM PRODUCTS, INCLUDING CRUDE OIL OR ANY FRACTION THEREOF
28 SHALL BE PROHIBITED FOR A PERIOD OF 18 MONTHS.
29 (B) THE DEPARTMENT OF ENVIRONMENTAL RESOURCES IS DIRECTED TO
30 IMMEDIATELY CEASE REVIEWING APPLICATIONS AND CEASE ISSUING NEW
19910H0953B3324 - 24 -
1 PERMITS FOR INCINERATION OF PRODUCTS PROHIBITED UNDER SUBSECTION
2 (A) FOR A PERIOD OF 18 MONTHS.
3 (C) THE DEPARTMENT SHALL:
4 (1) STUDY AND EVALUATE METHODS OF INCINERATION OF
5 CONTAMINATED AND HAZARDOUS MATERIALS, SOIL AND SUBSTANCES.
6 (2) EVALUATE THE EFFECTS THAT INCINERATION OF
7 CONTAMINATED AND HAZARDOUS MATERIALS, SOILS AND OTHER
8 SUBSTANCES HAS ON THE PUBLIC HEALTH, THE ENVIRONMENT AND THE
9 ECONOMY.
10 (3) EVALUATE CURRENT SAFETY STANDARDS AND PROPOSE ANY
11 ADDITIONAL STANDARDS NECESSARY TO INSURE THAT THE PUBLIC
12 HEALTH IS NOT ADVERSELY AFFECTED BY CONTAMINATED MATERIALS
13 AND SUBSTANCES INCINERATION; AND
14 (4) REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE
15 GOVERNOR, THE GENERAL ASSEMBLY AND THE DEPARTMENT OF
16 ENVIRONMENTAL RESOURCES AS SOON AS POSSIBLE AND TO MAKE A
17 FINAL REPORT ON ITS FINDINGS AND RECOMMENDATIONS WITHIN 18
18 MONTHS.
19 SECTION 9. THE AMENDMENT OR ADDITION OF SECTION 309(A), (C),
20 (D.1), (G), (H) AND (I) OF THE ACT SHALL APPLY TO PERMIT
21 APPLICATIONS PENDING BEFORE THE DEPARTMENT OF ENVIRONMENTAL
22 RESOURCES, THE ENVIRONMENTAL HEARING BOARD OR A COURT OF
23 COMPETENT JURISDICTION ON THE EFFECTIVE DATE OF THIS ACT AS WELL
24 AS TO PERMIT APPLICATIONS SUBMITTED ON OR AFTER THE EFFECTIVE
25 DATE OF THIS ACT.
26 SECTION 10. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
C18L35MRD/19910H0953B3324 - 25 -