PRIOR PRINTER'S NO. 1699 PRINTER'S NO. 2185
No. 1436 Session of 2001
INTRODUCED BY S. H. SMITH, HERSHEY, BARD, BASTIAN, BELARDI,
CALTAGIRONE, CAPPELLI, CAWLEY, FAIRCHILD, HENNESSEY, HERMAN,
HESS, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER,
ROSS, RUBLEY, SATHER, SAYLOR, B. SMITH, E. Z. TAYLOR, THOMAS,
TRELLO AND DALLY, APRIL 25, 2001
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 2001
AN ACT
1 Requiring host municipality agreements for certain municipal and
2 residual waste facilities; and PROVIDING FOR A MORATORIUM; <--
3 establishing transportation and safety requirements,
4 including a fee and registration for vehicles that collect
5 and transport municipal and residual waste to certain
6 municipal and residual waste disposal and processing
7 facilities; IMPOSING A MUNICIPAL ENHANCEMENT CONSIDERATION <--
8 FEE ON THE DEPOSIT OF CERTAIN SOLID WASTE; AND ESTABLISHING
9 THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE FUND.
10 TABLE OF CONTENTS
11 Section 1. Short title. <--
12 Section 2. Legislative findings and declaration of policy.
13 Section 3. Definitions.
14 Section 4. Construction of act.
15 Section 5. Host municipality agreements.
16 Section 6. Transportation authorization and traffic safety.
17 Section 7. Enforcement.
18 Section 8. Civil penalties.
19 Section 9. Regulations.
1 Section 10. Severability.
2 Section 11. Repeals.
3 Section 12. Effective date.
4 CHAPTER 1. PRELIMINARY PROVISIONS <--
5 SECTION 101. SHORT TITLE.
6 SECTION 102. LEGISLATIVE FINDINGS AND DECLARATION OF POLICY.
7 SECTION 103. DEFINITIONS.
8 SECTION 104. CONSTRUCTION OF ACT.
9 SECTION 105. MORATORIUM.
10 CHAPTER 3. HOST MUNICIPALITY AGREEMENTS
11 SECTION 301. HOST MUNICIPALITY AGREEMENTS.
12 SECTION 302. TRANSPORTATION AUTHORIZATION AND TRAFFIC SAFETY.
13 CHAPTER 5. MUNICIPAL ENHANCEMENT CONSIDERATION FEES
14 SECTION 501. MUNICIPAL ENHANCEMENT CONSIDERATION FEE.
15 SECTION 502. FORM AND TIMING OF MUNICIPAL ENHANCEMENT
16 CONSIDERATION FEE PAYMENT.
17 SECTION 503. COLLECTION AND ENFORCEMENT OF FEE.
18 SECTION 504. RECORDS.
19 SECTION 505. SURCHARGE.
20 SECTION 506. MUNICIPAL ENHANCEMENT CONSIDERATION FEE FUND.
21 CHAPTER 7. MISCELLANEOUS PROVISIONS
22 SECTION 701. ENFORCEMENT.
23 SECTION 702. CIVIL PENALTIES.
24 SECTION 703. REGULATIONS.
25 SECTION 704. REPEALS.
26 SECTION 705. EFFECTIVE DATE.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Short title. <--
30 CHAPTER 1 <--
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1 PRELIMINARY PROVISIONS
2 SECTION 101. SHORT TITLE.
3 This act shall be known and may be cited as the Solid Waste
4 Host Municipality Agreement and Transportation Safety Act.
5 Section 2 102. Legislative findings and declaration of policy. <--
6 (a) Legislative findings.--The General Assembly hereby
7 determines, declares and finds that:
8 (1) Improper solid waste practices create public health
9 hazards, environmental pollution and nuisances and cause
10 irreparable harm to the public health, safety and welfare.
11 (2) All aspects of solid waste management, particularly
12 the disposition of solid waste, pose a critical threat to the
13 health, safety and welfare of the residents of this
14 Commonwealth when solid waste is improperly managed.
15 (3) The Commonwealth is responsible for the protection
16 of the health, safety and welfare of its residents concerning
17 solid waste management.
18 (4) The construction and expansion of commercial solid
19 waste landfills and resource recovery facilities usually
20 consumes natural lands, thereby impinging upon wildlife
21 habitat and the public's use and enjoyment of the natural
22 resources, including air, water and natural scenic, historic
23 and esthetic values of the environment.
24 (5) Concentrated traffic in the vicinity of commercial
25 solid waste landfills and resource recovery facilities can
26 contribute to and cause substantial harm to this
27 Commonwealth's roadways and environment and to the health and
28 safety of the residents of this Commonwealth when traffic is
29 improperly managed.
30 (6) Communities in the areas located near and along the
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1 approach routes to commercial solid waste landfills and
2 resource recovery facilities experience traffic problems,
3 litter, odors, noise, dust and other nuisances THREATS TO <--
4 PUBLIC HEALTH AND SAFETY resulting from the operation of the
5 facilities and from the transportation of waste to the
6 facilities.
7 (7) Commercial solid waste landfills tend to locate in
8 rural and sparsely populated areas.
9 (8) Commercial solid waste landfills located more than
10 15 driving miles from a four-lane, divided highway cause
11 significant traffic harms and present unique issues.
12 (9) Joint inspections of vehicles by the Department of
13 Environmental Protection, the Pennsylvania State Police and
14 the Department of Transportation consistently indicate that
15 over 25% of the waste vehicles inspected have violations of
16 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
17 Waste Management Act, and the act of July 28, 1988 (P.L.556,
18 No.101), known as the Municipal Waste Planning, Recycling and
19 Waste Reduction Act.
20 (10) Inspections by the Pennsylvania State Police and
21 the Department of Transportation consistently indicate
22 vehicle safety and weight control violations are pervasive in
23 the waste hauling industry.
24 (b) Purposes and goals.--The purposes and goals of this act
25 are to:
26 (1) Enhance the protection of the public health, safety
27 and welfare from the short-term and long-term dangers of
28 transportation and disposal of solid waste.
29 (2) Implement section 27 of Article I of the
30 Constitution of Pennsylvania.
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1 (3) Conserve the environment and the natural resources
2 of this Commonwealth.
3 (4) Limit the magnitude of environmental and
4 transportation problems in and around communities which host
5 commercial solid waste landfills or resource recovery
6 facilities.
7 (5) Provide for greater local input from affected
8 residents and communities in the planning of commercial solid
9 waste landfills and resource recovery facilities.
10 (6) Require written authorization from the Department of
11 Environmental Protection for transporting municipal or
12 residual waste to municipal waste processing and disposal
13 facilities in order to enhance the safe transportation of
14 waste.
15 (7) Protect residents of the communities affected by
16 commercial solid waste landfills and resource recovery
17 facilities from unnecessary traffic problems, litter, odors,
18 noise, dust and other nuisances THREATS TO PUBLIC HEALTH AND <--
19 SAFETY which may result from the operation of the facilities
20 and from the transportation of waste to the facilities.
21 Section 3 103. Definitions. <--
22 (a) General rule.--Unless specifically defined in this
23 section, the terms in this act have the same meaning as provided
24 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
25 Waste Management Act, or the act of July 28, 1988 (P.L.556,
26 No.101), known as the Municipal Waste Planning, Recycling and
27 Waste Reduction Act, or regulations of the Department of
28 Environmental Protection promulgated thereunder.
29 (b) Definitions.--As used in this section, the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Commercial solid waste landfill." A landfill permitted or
3 proposed for permitting under the act of July 7, 1980 (P.L.380,
4 No.97), known as the Solid Waste Management Act, for the
5 disposal of municipal waste, residual waste, CONSTRUCTION AND <--
6 DEMOLITION WASTE or mixed municipal and residual waste,
7 including mixed municipal or residual waste and construction and
8 demolition debris. The term does not include a landfill used for <--
9 the exclusive disposal of construction and demolition waste or
10 debris or a captive residual waste facility.
11 "Department." The Department of Environmental Protection of
12 the Commonwealth and its authorized representatives.
13 "Expansion modification." An application for permit
14 modification filed by an owner or operator of a commercial solid
15 waste landfill or resource recovery facility which requests an
16 expansion, either laterally or vertically, of a permit area.
17 "Gross vehicle weight." The combined weight of a vehicle or
18 combination of vehicles, including a towing vehicle, semitrailer
19 and the vehicle load, excluding the driver's weight.
20 "Host municipality." A municipality other than the county
21 within which a commercial solid waste landfill or resource <--
22 recovery facility or any portion of a permit area is located or
23 is proposed to be located. WHICH MEETS ONE OF THE FOLLOWING <--
24 CRITERIA:
25 (1) A COMMERCIAL SOLID WASTE LANDFILL OR RESOURCE
26 RECOVERY FACILITY OR ANY PORTION OF A PERMIT AREA IS LOCATED
27 OR PROPOSED TO BE LOCATED WITHIN THE MUNICIPALITY; OR
28 (2) THE MUNICIPALITY IS LOCATED WITHIN ONE-HALF MILE OF
29 THE FOOTPRINT OF A PROPOSED OR OPERATING COMMERCIAL SOLID
30 WASTE LANDFILL OR RESOURCE RECOVERY FACILITY.
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1 "Host municipality agreement." A written, legally binding
2 document or documents executed by authorized officials of each
3 host municipality and an owner or operator of a commercial solid
4 waste landfill or resource recovery facility.
5 "Municipal Waste Planning, Recycling and Waste Reduction
6 Act." The act of July 28, 1988 (P.L.556, No.101), known as the
7 Municipal Waste Planning, Recycling and Waste Reduction Act.
8 "Pennsylvania Municipalities Planning Code." The act of July
9 31, 1968 (P.L.805, No.247), known as the Pennsylvania
10 Municipalities Planning Code.
11 "Permit." A permit issued pursuant to the act of July 7,
12 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
13 "Secretary." The Secretary of Environmental Protection of
14 the Commonwealth.
15 "Semitrailer." A trailer so constructed that some part of
16 its weight rests upon or is carried by the towing vehicle.
17 "Solid Waste Management Act." The act of July 7, 1980
18 (P.L.380, No.97), known as the Solid Waste Management Act.
19 "Transporter." The owner or operator of a towing vehicle
20 used to transport municipal or residual waste.
21 "Volume modification." An application for permit
22 modification filed by an owner or operator of a commercial solid
23 waste landfill or resource recovery facility which requests an
24 increased in average or maximum daily waste volume.
25 Section 4 104. Construction of act. <--
26 (a) Liberal construction.--This act shall be liberally <--
27 construed so as best to achieve and effectuate the goals and
28 purposes of this act.
29 (b) Pari materia.--This act shall be construed in pari
30 materia with the Solid Waste Management Act, the Municipal Waste
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1 Planning, Recycling and Waste Reduction Act and sections 1935-A
2 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known
3 as The Administrative Code of 1929.
4 Section 5. Host municipality agreements. <--
5 SECTION 105. MORATORIUM. <--
6 (A) PERMITS RELATING TO CONSTRUCTION, EXPANSION OR
7 OPERATION.--FOR A PERIOD OF TWO YEARS FOLLOWING THE EFFECTIVE
8 DATE OF THIS ACT, THE DEPARTMENT SHALL NOT ACCEPT AN APPLICATION
9 FOR A PERMIT OR PERMIT MODIFICATION NOR ISSUE A PERMIT OR PERMIT
10 MODIFICATION UNDER THE SOLID WASTE MANAGEMENT ACT FOR THE
11 CONSTRUCTION, EXPANSION OR OPERATION OF A MUNICIPAL WASTE
12 LANDFILL, CONSTRUCTION/DEMOLITION WASTE LANDFILL, RESOURCE
13 RECOVERY FACILITY OR COMMERCIAL RESIDUAL WASTE DISPOSAL
14 FACILITY.
15 (B) PERMIT MODIFICATIONS RELATING TO DAILY VOLUME.--FOR A
16 PERIOD OF TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT,
17 THE DEPARTMENT SHALL NOT ACCEPT FOR REVIEW NOR ISSUE A PERMIT
18 MODIFICATION THAT WOULD RESULT IN AN INCREASE IN AVERAGE DAILY
19 VOLUME OR MAXIMUM DAILY VOLUME AT A MUNICIPAL WASTE LANDFILL,
20 CONSTRUCTION/DEMOLITION WASTE LANDFILL, RESOURCE RECOVERY
21 FACILITY OR COMMERCIAL RESIDUAL WASTE DISPOSAL FACILITY.
22 (C) RETURN OF APPLICATIONS.---IMMEDIATELY FOLLOWING THE
23 EFFECTIVE DATE OF THIS ACT, THE DEPARTMENT SHALL RETURN THE
24 FOLLOWING APPLICATIONS AND SHALL CONDUCT NO FURTHER REVIEW
25 DURING THE PENDENCY OF THE MORATORIUM ESTABLISHED IN SUBSECTIONS
26 (A) AND (B).
27 (1) APPLICATIONS FOR NEW MUNICIPAL WASTE LANDFILLS,
28 CONSTRUCTION/DEMOLITION WASTE LANDFILLS, RESOURCE RECOVERY
29 FACILITIES OR COMMERCIAL RESIDUAL WASTE DISPOSAL FACILITIES.
30 (2) APPLICATIONS FOR EXPANSIONS OF MUNICIPAL WASTE
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1 LANDFILLS, CONSTRUCTION/DEMOLITION WASTE LANDFILLS OR
2 COMMERCIAL RESIDUAL WASTE DISPOSAL FACILITIES.
3 (3) APPLICATIONS FOR PERMIT MODIFICATIONS TO INCREASE
4 AVERAGE DAILY VOLUME OR MAXIMUM DAILY VOLUME AT MUNICIPAL
5 WASTE LANDFILLS, CONSTRUCTION/DEMOLITION WASTE LANDFILLS,
6 RESOURCE RECOVERY FACILITIES OR COMMERCIAL RESIDUAL WASTE
7 DISPOSAL FACILITIES.
8 (D) MONITORING OF REMAINING CAPACITY.--DURING THE PENDENCY
9 OF THE MORATORIUM ESTABLISHED IN THIS SECTION AND AT ALL TIMES
10 THEREAFTER, THE DEPARTMENT SHALL MONITOR THE REMAINING CAPACITY
11 AT ALL MUNICIPAL WASTE LANDFILLS, CONSTRUCTION/DEMOLITION WASTE
12 LANDFILLS, RESOURCE RECOVERY FACILITIES AND COMMERCIAL RESIDUAL
13 WASTE DISPOSAL FACILITIES. FOLLOWING THE EXPIRATION OF THE
14 MORATORIUM, NO PERMIT MODIFICATION APPLICATION IDENTIFIED IN
15 SUBSECTION (A) OR (B) WILL BE ACCEPTED BY THE DEPARTMENT UNTIL
16 THE REMAINING DISPOSAL CAPACITY FOR THE FACILITY IS FIVE YEARS
17 OR LESS. FOLLOWING THE EXPIRATION OF THE MORATORIUM, AN
18 APPLICATION FOR A NEW FACILITY IDENTIFIED IN SUBSECTION (A) WILL
19 NOT BE ACCEPTED IF THE DISPOSAL CAPACITY IS GREATER THAN TEN
20 YEARS.
21 (E) EXCEPTIONS.--THIS SECTION SHALL NOT PROHIBIT THE REVIEW
22 OR ISSUANCE OF THE FOLLOWING DURING THE PENDENCY OF THE
23 MORATORIUM:
24 (1) A PERMIT RENEWAL OR REISSUANCE.
25 (2) A PERMIT MODIFICATION TO ALLOW THE RECEIPT OF A
26 RESIDUAL WASTE NOT PREVIOUSLY APPROVED BY THE DEPARTMENT IN
27 THE FACILITY'S WASTE ACCEPTANCE PLAN.
28 (3) AN OPERATIONAL MODIFICATION THAT DOES NOT AFFECT
29 CAPACITY.
30 (4) A PERMIT AMENDMENT TO INCREASE THE CAPACITY OF A
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1 FACILITY WHOSE REMAINING CAPACITY IS FIVE YEARS OR LESS TO
2 INCREASE ITS CAPACITY TO TEN YEARS OR LESS.
3 (F) SPECIAL CIRCUMSTANCES.--
4 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR THIS
5 ACT TO THE CONTRARY, THE DEPARTMENT MAY MODIFY ANY PERMIT
6 LISTED IN SUBSECTION (A), (B) OR (C) DURING THE PENDENCY OF
7 THE MORATORIUM TO ALLOW INCREASED MAXIMUM OR AVERAGE DAILY
8 WASTE VOLUMES IF THE DEPARTMENT:
9 (I) FINDS IN WRITING THAT THE MODIFICATION IS
10 NECESSARY TO PREVENT A PUBLIC HEALTH OR ENVIRONMENTAL
11 EMERGENCY.
12 (II) PUBLISHES NOTICE OF THE FINDING IN THE
13 PENNSYLVANIA BULLETIN.
14 (2) ACTION UNDER THIS SUBSECTION SHALL BE TAKEN IN
15 ACCORDANCE WITH SECTION 503(E) OF THE SOLID WASTE MANAGEMENT
16 ACT.
17 (G) EMERGENCIES.--NOTHING IN THIS SECTION SHALL SUPERSEDE
18 ANY OTHER AUTHORITY OF THE GOVERNOR OR THE DEPARTMENT TO ACT IN
19 THE EVENT OF AN EMERGENCY.
20 CHAPTER 3
21 HOST MUNICIPALITY AGREEMENTS
22 SECTION 301. HOST MUNICIPALITY AGREEMENTS.
23 (a) Requirement for host municipality agreement.--
24 (1) A commercial solid waste landfill or resource
25 recovery facility shall develop INITIATE THE PROCESS FOR a <--
26 new or supplemental host municipality agreement in accordance
27 with this section as follows:
28 (i) For a commercial solid waste landfill or
29 resource recovery facility for which a host municipality
30 agreement was executed prior to or on the effective date
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1 of this act, except as provided in subparagraphs (ii),
2 (iii) and (iv), a new or supplemental host municipality
3 agreement shall be:
4 (A) executed by the owner or operator and the
5 host municipality or municipalities on the date the
6 existing host municipality agreement expires or five
7 years after the effective date of this act, whichever
8 occurs first; and
9 (B) submitted to the department for approval
10 within 30 days of execution.
11 (ii) For a commercial solid waste landfill or
12 resource recovery facility for which:
13 (A) no host municipality agreement has been
14 executed as of the effective date of this act; or
15 (B) a host municipality agreement was executed
16 on or before the effective date of this act but which
17 agreement expires within two years of the effective
18 date of this act,
19 a host municipality agreement shall be executed by the
20 owner or operator and the host municipality or
21 municipalities within two years of the effective date of
22 this act and submitted to the department for approval
23 within 30 days of execution. The owner or operator of
24 such a facility shall provide notice to the host
25 municipality or municipalities pursuant to subsection
26 (f)(1) within 60 calendar days of the effective date of
27 this act.
28 (iii) For any commercial solid waste landfill or
29 resource recovery facility for which a permit under the
30 Solid Waste Management Act, within 18 months prior to the
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1 effective date of this act:
2 (A) has expired;
3 (B) has expired but has been extended beyond its
4 expiration date; or
5 (C) has expired but has been reinstated; and
6 for which a host municipality agreement was executed
7 prior to the effective date of this act, a new or
8 supplemental host municipality agreement shall be
9 executed by the owner or operator and the host
10 municipality or municipalities within two years of the
11 effective date of this act and submitted to the
12 department for approval within 30 days of execution. The
13 owner or operator of such a facility shall provide notice
14 to the host municipality or municipalities pursuant to
15 subsection (f)(1) within 60 calendar days of the
16 effective date of this act. Notwithstanding the
17 provisions of subsection (b)(3), for any such facility,
18 no permit or permit modification shall be issued by the
19 department until a new or supplemental agreement has been
20 executed in compliance with this section by the owner or
21 operator and each host municipality, whether the
22 application for such permit or permit modification was
23 submitted on, before or after the effective date of this
24 act.
25 (iv) For any commercial solid waste landfill or
26 resource recovery facility for which a host municipality
27 agreement was executed prior to or on the effective date
28 of this act but which has not begun to accept solid waste
29 as of the effective date of this act, a new or
30 supplemental host municipality agreement shall be
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1 executed by the owner or operator and the host
2 municipality or municipalities within two years of the
3 effective date of this act and submitted to the
4 department for approval within 30 days of execution. The
5 owner or operator of such a facility shall provide notice
6 to the host municipality or municipalities pursuant to
7 subsection (f)(1) within 60 calendar days of the
8 effective date of this act.
9 (V) A HOST MUNICIPALITY AGREEMENT IN EFFECT ON THE <--
10 EFFECTIVE DATE OF THIS ACT WHICH WAS IMPLEMENTED BY A
11 VOTE WHICH INCLUDED THE VOTE OF AN INDIVIDUAL, WHO AT THE
12 TIME THE VOTE WAS TAKEN, HAD BEEN CONVICTED OF A FELONY,
13 SHALL BE NULL AND VOID. IT SHALL BE PRESUMED FOR THE
14 PURPOSES OF THIS ACT, THAT, IN SUCH A CASE, NO HOST
15 MUNICIPALITY AGREEMENT IS CURRENTLY IN EFFECT.
16 (2) A new or supplemental host municipality agreement
17 for each host municipality shall be executed in accordance
18 with this section and submitted to the department for
19 approval for any expansion modification or volume
20 modification filed by an owner or operator of a commercial
21 solid waste landfill or resource recovery facility after the
22 effective date of this act unless the existing host
23 municipality agreement contemplates and addresses the subject
24 of the modification.
25 (3) A host municipality agreement shall be executed in
26 accordance with this section by an owner or operator and the
27 host municipality or municipalities and shall be submitted to
28 the department for approval for any new commercial solid
29 waste landfill or resource recovery facility.
30 (4) NO HOST MUNICIPALITY AGREEMENT DRAWN UP IN <--
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1 ACCORDANCE WITH THIS ACT SHALL BE FOR A TERM OF MORE THAN
2 FIVE YEARS. ONCE THE AGREEMENT HAS EXPIRED THE SOLID WASTE
3 LANDFILL OR RESOURCE RECOVERY FACILITY SHALL INITIATE THE
4 PROCESS FOR A NEW HOST MUNICIPALITY AGREEMENT IN ACCORDANCE
5 WITH THE PROVISIONS OF THIS ACT.
6 (b) Relationship to permit applications.--
7 (1) An application for a permit, volume modification or
8 expansion modification for a commercial solid waste landfill
9 or resource recovery facility which is submitted to the
10 department for review after the effective date of this act
11 shall only be accepted as administratively complete under
12 section 512(a) of the Municipal Waste Planning, Recycling and
13 Waste Reduction Act and the regulations promulgated
14 thereunder if it includes written evidence that the applicant
15 is in compliance with the requirements of this section. Such
16 written evidence shall be contained as part of the
17 application and shall include evidence that a host
18 municipality agreement that complies with this section is in
19 effect or proof of written notice to the host municipality or
20 municipalities pursuant to subsection (f)(1).
21 (2) The department's processing and review of a permit
22 application shall proceed concurrently with the period of
23 negotiation, mediation and arbitration AND MEDIATION of the <--
24 host municipality agreement. Negotiation, mediation and <--
25 arbitration AND MEDIATION of a host municipality agreement <--
26 also may proceed prior to the submission of a permit or major
27 permit modification application to the department.
28 (3) An application for a permit, volume modification or
29 expansion modification for a commercial solid waste landfill
30 or resource recovery facility which is submitted to the
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1 department for review after the effective date of this act
2 shall be issued by the department only if a host municipality
3 agreement that complies with this section has been executed
4 by the applicant and each host municipality. For any <--
5 application which was submitted to the department on or
6 before the effective date of this act, the department shall
7 not withhold issuance of the permit or permit modification
8 provided the applicant executed a host municipality agreement
9 prior to the effective date of this act or the applicant
10 provided notice to the host municipality or municipalities
11 pursuant to subsection (f)(1) and is proceeding with the
12 requirements of this section to execute a host municipality
13 agreement.
14 (4) FOR ANY APPLICATION WHICH WAS SUBMITTED TO THE <--
15 DEPARTMENT ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT, THE
16 DEPARTMENT SHALL NOT ISSUE THE PERMIT OR PERMIT MODIFICATION
17 UNTIL AN EXECUTED HOST MUNICIPALITY AGREEMENT HAS BEEN
18 SUBMITTED TO THE DEPARTMENT.
19 (c) Public notice and public involvement requirements.--
20 (1) Within 30 calendar days from the date of receipt of
21 a written notice of intent to develop a host municipality
22 agreement pursuant to subsection (f)(1), each host
23 municipality shall publish notice that discussions for
24 developing a host municipality agreement with the commercial
25 solid waste landfill or resource recovery facility have
26 begun. The notice also shall describe the public involvement
27 process that the host municipality will use to develop the
28 agreement. The notice shall be published once a week for <--
29 three consecutive weeks in a newspaper of general circulation
30 in the area MUNICIPALITY where the facility or proposed <--
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1 facility is located. The public involvement process shall
2 include the following:
3 (i) A THE HOST MUNICIPALITY SHALL HOLD A special <--
4 public hearing at which a draft PROPOSED HOST <--
5 MUNICIPALITY agreement is presented to the public and at
6 which the public is provided an opportunity to provide
7 oral and written testimony. The hearing shall be <--
8 scheduled by the host municipality with a minimum of 30
9 calendar days' public notice prior to the hearing date.
10 NOTICE OF THE HEARING SHALL BE PUBLISHED IN A NEWSPAPER <--
11 OF GENERAL CIRCULATION IN THE MUNICIPALITY NOT LESS THAN
12 TEN DAYS NOR MORE THAN 30 DAYS PRIOR TO THE HEARING. A
13 public comment period of no less than 30 calendar days
14 shall be provided after the public hearing to accept
15 written comments on the draft PROPOSED HOST MUNICIPALITY <--
16 agreement.
17 (ii) A THE HOST MUNICIPALITY SHALL HOLD A special <--
18 public meeting at which revisions to the draft PROPOSED <--
19 HOST MUNICIPALITY agreement are presented to the public
20 by the municipality, including changes to the draft <--
21 PROPOSED HOST MUNICIPALITY agreement that were adopted <--
22 after the public hearing and public comment period. The
23 public shall be provided a reasonable opportunity to ask
24 questions to the host municipality on the host
25 municipality agreement and to provide public comment. The <--
26 meeting shall be scheduled by the host municipality with
27 a minimum of 30 calendar days' public notice prior to the
28 meeting date. NOTICE OF THE HEARING SHALL BE PUBLISHED IN <--
29 A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY
30 NOT LESS THAN TEN DAYS NOR MORE THAN 30 DAYS PRIOR TO THE
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1 HEARING.
2 (iii) The host municipality shall publish the
3 decision on adopting or rejecting the final agreement
4 within 30 calendar days of acting.
5 (2) The public involvement process may contain
6 additional public notice in a manner determined by the
7 municipality to best inform the residents of the host
8 municipality.
9 (d) Contents of agreement.--
10 (1) A host municipality agreement agreed to and executed
11 by the parties pursuant to the negotiation and mediation
12 process shall address the following:
13 (i) The nature of the proposed facility.
14 (ii) The site of the proposed facility or expansion
15 of the existing facility.
16 (iii) Measures to alleviate local issues, such as
17 haul routes, traffic problems, litter, odors, noise, dust
18 and any other nuisances THREATS TO PUBLIC HEALTH AND <--
19 SAFETY that might result from the operation of the
20 facility. Such local issues shall be identified by the
21 host municipality during negotiation of the host
22 municipality agreement.
23 (iv) The host benefit fee to be paid by the owner or
24 operator of the facility to the host municipality, which
25 fee shall not be less than the statutory minimum fee
26 established under the Municipal Waste Planning, Recycling
27 and Waste Reduction Act and any other financial and in-
28 kind contributions.
29 (v) The maximum and daily average waste volume to be
30 received at the facility.
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1 (vi) The days and hours of operation of the
2 facility.
3 (vii) The availability of capacity at the facility
4 for the disposal of solid waste generated within the host
5 municipality.
6 (viii) Activities to promote recycling, waste
7 reduction and the proper management and disposal of solid
8 waste generated within the host municipality.
9 (ix) The process for resolution in a cooperative and
10 nonbinding manner of complaints and other grievances
11 concerning the construction and operation of the
12 facility.
13 (x) Provision for access to the facility and its
14 records by the host municipality inspector.
15 (2) A host municipality agreement agreed to and executed
16 by the parties pursuant to the negotiation and mediation
17 process may address the following:
18 (i) The geographic origin of solid waste disposed at
19 the facility and the amount of solid waste accepted for
20 disposal based upon the geographic origin of the solid
21 waste.
22 (ii) Any applicable zoning or land development
23 requirements or approvals pursuant to the provisions of
24 the Municipalities Planning Code and implementing
25 ordinances.
26 (iii) Any other terms or conditions to which the
27 parties agree should be included in the agreement.
28 (3) The host municipality agreement may not address the <--
29 specifications or requirements for cover and revegetation,
30 storm water management, water quality protection and
20010H1436B2185 - 18 -
1 monitoring, liners and leachate management or gas management.
2 (3) THE HOST MUNICIPALITY AGREEMENT SHALL CONTAIN A <--
3 PROVISION STATING THAT IF CONGRESS ENACTS A LAW THAT PLACES
4 RESTRICTIONS ON OUT-OF-STATE WASTE, THE HOST MUNICIPALITY MAY
5 RENEGOTIATE ITS HOST MUNICIPALITY AGREEMENT IN REGARD TO OUT-
6 OF-STATE WASTE.
7 (e) Department review of host municipality agreements.--
8 (1) For all host municipality agreements submitted to
9 the department for approval under this section, the
10 department shall review each executed host municipality
11 agreement to ensure that the agreement addresses the
12 requirements of subsection (d)(1) or that an agreement has
13 been executed as a result of binding arbitration pursuant to <--
14 subsection (f)(7), whichever is applicable NEGOTIATION, and <--
15 also to ensure that there has been compliance with the public
16 notice and public comment requirements of subsection (c).
17 (2) The department shall review the terms and conditions
18 of the host municipality agreement that address subsection
19 (d)(1)(iii), (v), (vi), (vii) and (viii) to ensure the terms
20 and conditions of the host municipality agreement are not in
21 conflict with the terms and conditions of the existing or
22 proposed permit and applicable regulations. Where the
23 department determines there is a conflict between the terms
24 and conditions of the host municipality agreement and the
25 terms and conditions of the regulations or existing or
26 proposed permit, the more stringent or restrictive
27 requirement or condition AS DETERMINED BY THE DEPARTMENT <--
28 shall apply. IN MAKING ITS DETERMINATION, THE DEPARTMENT <--
29 SHALL CONSIDER ANY COMMENTS SUBMITTED BY ANY AFFECTED OR
30 POTENTIALLY AFFECTED PARTY. The department shall modify the
20010H1436B2185 - 19 -
1 permit to incorporate any such term or condition, including
2 any term or condition that is not addressed in the proposed
3 or existing permit.
4 (f) Process for negotiation and dispute resolution.--
5 (1) The owner or operator of a commercial solid waste
6 landfill or resource recovery facility shall provide written
7 notice to each host municipality of its intent to develop a
8 host municipality agreement pursuant to the requirements of
9 this section. For a maximum period of 180 calendar days from
10 the date of receipt of the written notice of intent to
11 develop a host municipality agreement, the owner or operator
12 of the commercial solid waste landfill or resource recovery
13 facility and the host municipality or municipalities shall
14 engage in good faith negotiations to arrive at a host
15 municipality agreement.
16 (2) (i) If the parties are unable to reach an agreement
17 on all of the required terms and provisions of a host
18 municipality agreement, the parties shall engage in good
19 faith mediation, with a neutral mediator to be mutually
20 agreed upon and selected by the parties, for a period of
21 no more than 90 calendar days from the end of the
22 negotiation period with regard to the terms and
23 provisions on which an agreement cannot be reached.
24 (ii) The mediator shall act as a facilitator and
25 shall not have the ability or authority to legally bind
26 either party.
27 (iii) The costs of the mediator shall be borne
28 equally by the parties. If the parties cannot agree upon
29 a mediator within 20 calendar days after the expiration
30 of the negotiation period, the mediation period shall
20010H1436B2185 - 20 -
1 immediately terminate.
2 (3) If a host municipality agreement is not executed <--
3 within the combined negotiation period and mediation period,
4 then the parties shall set forth in writing to each other,
5 within 20 calendar days of the expiration or termination of
6 the mediation period, the issues, terms and provisions on
7 which agreement has been reached and the issues, terms and
8 provisions that remain in dispute, and the disputed issues
9 shall be submitted for binding arbitration.
10 (4) The arbitration shall be heard by an arbitration
11 board to consist of three persons: one appointed by the
12 municipality, one appointed by the owner or operator of the
13 facility and one to be agreed upon by the municipality and
14 the owner or operator of the facility. The arbitration board
15 members selected individually by the municipality and the
16 owner or operator shall be named within 30 calendar days from
17 the date of the parties' exchange of written statements of
18 issues in dispute. The remaining arbitrator shall be mutually
19 selected by the parties within 15 calendar days after the
20 appointment of the two arbitrators by the municipality and
21 the owner or operator.
22 (5) If the third arbitrator cannot be agreed upon by the
23 parties within the prescribed time period, then the selected
24 arbitrators shall request the American Arbitration
25 Association or any successor in function to furnish a list of
26 three members of said association who are residents of this
27 Commonwealth from which the third arbitrator shall be
28 selected by the selected arbitrators. The arbitrator
29 appointed by the owner or operator shall eliminate one of the
30 three suggested arbitrators within ten calendar days of
20010H1436B2185 - 21 -
1 receipt of the recommendations and, thereafter, the
2 arbitrator appointed by the municipality shall eliminate one
3 of the three suggested arbitrators within ten calendar days
4 thereafter. The individual whose name remains on the list
5 shall be the third arbitrator and shall act as the chairman
6 of the board of arbitration.
7 (6) The board of arbitration shall commence arbitration
8 proceedings within 60 calendar days after the date of
9 appointment of the final board member and shall conclude the
10 arbitration proceedings within 120 calendar days after the
11 date the third arbitrator is selected. The board of
12 arbitrators shall render its determination on all issues
13 before it within 30 calendar days after the conclusion of the
14 arbitration proceedings.
15 (7) The determination of the board of arbitration shall
16 be final and binding on the parties and, together with the
17 issues, terms and provisions mutually agreed to by the
18 parties during the exchange of mutual statements, shall
19 constitute the host municipality agreement, and each party
20 shall execute the agreement.
21 (8) The final determination of the board of arbitration
22 may be appealed only in accordance with and subject to 42
23 Pa.C.S. §§ 7314 (relating to vacating award by court) and
24 7315 (relating to modification or correction of award by
25 court).
26 (9) Each party shall bear the costs of the arbitrator
27 selected by that party and the costs of presenting the
28 party's position to the board of arbitration. The parties
29 shall bear equally the costs of the third arbitrator and all
30 other costs of arbitration.
20010H1436B2185 - 22 -
1 (10) In reaching its decision, the board of arbitration
2 shall consider the following factors:
3 (i) The effect of the commercial solid waste
4 landfill or resource recovery facility on surrounding
5 land uses and the community.
6 (ii) The effect of the commercial solid waste
7 landfill or resource recovery facility traffic on use and
8 safety of local roads and the existence of alternative
9 routes to the landfill.
10 (iii) Measures to be taken by the commercial solid
11 waste landfill or resource recovery facility to mitigate
12 its effects on surrounding uses and the community and, in
13 the case of existing facilities, any past mitigation
14 measures.
15 (iv) Needs of the host municipality for commercial
16 solid waste landfill or resource recovery facility
17 capacity, the cost to the landfill to reserve capacity,
18 the nature of local waste and limitations on the ability
19 of the landfill to accept that waste.
20 (v) The extent to which the issues raised by the
21 host municipality are addressed by existing regulations
22 or guidance of the department, other applicable law or
23 the conditions of a permit, if any.
24 (xi) The burden on the owner or operator to
25 administer any matter requested by the host municipality,
26 including the burden of undertaking activities to promote
27 recycling, waste reduction and waste management in the
28 host municipality.
29 (11) Only the following components of the host
30 municipality agreement shall be subject to determination by
20010H1436B2185 - 23 -
1 the board of arbitration:
2 (i) Measures to alleviate local issues such as haul
3 routes, traffic problems, litter, odors, noise, dust and
4 any other nuisances that might result from the operation
5 of the facility.
6 (ii) The host benefit fee to be paid by the owner or
7 operator of the facility to the host municipality. The
8 fee determined by the board of arbitration shall not be
9 less than the statutory minimum fee established under the
10 Municipal Waste Planning, Recycling and Waste Reduction
11 Act and shall not exceed 125% of the average fee paid by
12 similar facilities within the same geographical region,
13 taking into consideration the size and nature of the
14 facility. For purposes of this subparagraph, the term
15 "same geographical region" means the area defined by a
16 circle drawn around the facility in question with a
17 radius of 75 miles.
18 (iii) The days and hours of operation of the
19 facility.
20 (iv) The availability of capacity at the facility
21 for the disposal of solid waste generated within the host
22 municipality.
23 (v) Activities to promote recycling, waste reduction
24 and the proper management and disposal of solid waste
25 within the host municipality.
26 (vi) The process for resolution in a cooperative and
27 nonbinding manner of complaints and other grievances
28 concerning the construction and operation of the
29 facility.
30 (12) The parties at any time during the negotiation or
20010H1436B2185 - 24 -
1 mediation periods may by mutual written consent agree to
2 terminate negotiations and proceed directly to arbitration.
3 (g) Enforcement.--The terms of a host municipality agreement
4 (G) ENFORCEMENT OF HOST MUNICIPALITY AGREEMENT.-- <--
5 (1) THE TERMS OF A HOST MUNICIPALITY AGREEMENT shall be
6 enforceable by the parties to the agreement. The courts of
7 common pleas are hereby given jurisdiction over disputes
8 between the host municipality and the facility owner or
9 operator regarding the implementation or enforcement of a
10 host municipality agreement.
11 (2) A HOST MUNICIPALITY WHICH IS SUCCESSFUL IN AN ACTION <--
12 BROUGHT UNDER THIS SUBSECTION TO ENFORCE AN AGREEMENT
13 INVOLVING A FACILITY OWNER OR OPERATOR SHALL BE AWARDED
14 REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION.
15 (h) Reimbursement of host municipality costs.--At the
16 request of a host municipality, the department may SHALL <--
17 reimburse the host municipality for costs incurred in
18 negotiating, mediating and arbitrating AND MEDIATING a host <--
19 municipality agreement under this section. Costs covered shall
20 be limited to costs incurred for professional fees for lawyers,
21 mediators, arbitrators, engineers and other professionals used <--
22 in the efforts to reach an agreement. Any reimbursement shall be
23 provided from funds in the recycling fund established by section
24 706 of the Municipal Waste Planning, Recycling and Waste
25 Reduction Act or in the Solid Waste Abatement Fund established
26 under section 701 of the Solid Waste Management Act, upon
27 approval by the Governor. Reimbursement shall not exceed $50,000
28 for each host municipality agreement. The combined total
29 reimbursement from the two funds shall not exceed $750,000
30 annually or $2,500,000 over a five-year period from the
20010H1436B2185 - 25 -
1 effective date of this act.
2 (i) Relationship to other laws.--
3 (1) The TO THE EXTENT THE terms of a host municipality <--
4 agreement shall supersede and replace DIFFER FROM any <--
5 existing ordinance adopted pursuant to section 304(b) of the
6 Municipal Waste Planning, Recycling and Waste Reduction Act
7 and concerning:
8 (i) the hours and days during which vehicles may
9 deliver waste to the commercial solid waste facility or
10 resource recovery facility; or
11 (ii) the routing of traffic to and from the
12 commercial solid waste landfill or resource recovery
13 facility,
14 to the extent the ordinance is inconsistent or in conflict <--
15 with the terms of the host municipality agreement. THE HOST <--
16 MUNICIPALITY SHALL AMEND THE ORDINANCE TO COMPLY WITH THE
17 AGREEMENT WITHIN 90 DAYS OF THE ADOPTION OF THE HOST
18 MUNICIPALITY AGREEMENT.
19 (2) Host municipality agreements shall be executed by
20 the parties in the manner provided for in this act and shall
21 not be subject to competitive bidding or other competitive
22 procurement requirements.
23 (3) The provisions of section 1305 of the Municipal
24 Waste Planning, Recycling and Waste Reduction Act shall be
25 applicable to any host benefit fee set forth in any host
26 municipality agreement executed pursuant to this act.
27 (4) EXCEPT AS REQUIRED BY THIS SECTION, THE DISCUSSIONS <--
28 FOR DEVELOPING A HOST MUNICIPALITY AGREEMENT SHALL NOT BE
29 SUBJECT TO THE REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO
30 OPEN MEETINGS).
20010H1436B2185 - 26 -
1 Section 6 302. Transportation authorization and traffic safety. <--
2 (a) General rule.--It shall be unlawful for a transporter to
3 transport solid waste to a municipal waste processing or
4 disposal facility located in this Commonwealth in a towing
5 vehicle and semitrailer combination with a fifth wheel hookup
6 unless the transporter meets the requirements of this section.
7 (b) Registration AUTHORIZATION fee.-- <--
8 (1) A transporter shall submit an annual registration <--
9 AUTHORIZATION application on a form prescribed by the <--
10 department and shall pay to the department an annual
11 registration AUTHORIZATION fee for each semitrailer used in a <--
12 towing vehicle and semitrailer combination subject to this
13 section.
14 (2) The annual registration AUTHORIZATION fee shall be <--
15 $100 for each semitrailer used in a towing vehicle and
16 semitrailer combination subject to this section.
17 (c) Authorization TRANSPORTATION AUTHORIZATION.--Within 30 <--
18 calendar days of receipt of the registration AUTHORIZATION fee, <--
19 the department shall issue a written authorization for the
20 semitrailer to be used to transport solid waste.
21 (d) Stickers.--For each written authorization issued, the
22 department shall provide the transporter with two stickers for
23 each semitrailer indicating the authorization number and
24 authorization expiration date for the semitrailer. The stickers
25 shall be displayed prominently on the left front bulkhead and
26 back of the semitrailer used to transport solid waste.
27 (e) Duration.--Written authorization shall be effective for
28 one year after issuance.
29 (f) Regulations.--Subject to subsection (l)(3), the <--
30 department shall promulgate regulations implementing this
20010H1436B2185 - 27 -
1 (F) REGULATIONS.-- <--
2 (1) THE DEPARTMENT SHALL PROMULGATE REGULATIONS
3 IMPLEMENTING THIS section no later than one year after the
4 effective date of this act.
5 (2) THE REGULATIONS IN PARAGRAPH (1) MAY INCLUDE A <--
6 REVISION OF THE ANNUAL AUTHORIZATION FEE UNDER SUBSECTION
7 (B)(2) FOR EACH SEMITRAILER. THE AMOUNT OF THE ANNUAL
8 AUTHORIZATION FEE SHALL BE SUFFICIENT TO COVER THE ACTUAL
9 COSTS OF THE COMMONWEALTH IN IMPLEMENTING AND ENFORCING THIS
10 SECTION.
11 (g) Failure to comply.--In carrying out the provisions of
12 this section, the department may deny, suspend, modify or revoke
13 any written authorization if it finds that any of the following
14 has occurred:
15 (1) The transporter or its agent has failed and
16 continues to fail to comply with:
17 (i) any provision of this act;
18 (ii) the Solid Waste Management Act;
19 (iii) the Municipal Waste Planning, Recycling and
20 Waste Reduction Act;
21 (iv) any other Federal or State statute relating to
22 environmental protection or to the protection of the
23 public health, safety and welfare;
24 (v) any rule, regulation or order of the department;
25 or
26 (vi) any condition of any permit, license or other
27 written authorization issued by the department.
28 (2) The transporter has shown a lack of ability or
29 intention to comply with:
30 (i) any provision of this act;
20010H1436B2185 - 28 -
1 (ii) any of the acts referred to in paragraph (1);
2 (iii) any rule, regulation or order of the
3 department; or
4 (iv) any condition of any permit or license issued
5 by the department, as indicated by past or continuing
6 violations. In the case of a corporate transporter, the
7 department may deny the issuance of a written
8 authorization if the department finds that a principal of
9 the corporation was a principal of another corporation
10 that committed past violations of this act.
11 (h) Penalty.--
12 (1) A person who violates subsection (a) commits a
13 misdemeanor of the third degree and shall, upon conviction
14 for the first offense, be sentenced to pay a fine of not less
15 than $5,000 nor more than $10,000.
16 (2) Upon a second or subsequent violation of subsection
17 (a), a person commits a misdemeanor of the second degree and
18 shall be sentenced to pay a fine of not less than $10,000 nor
19 more than $25,000, and the court may order the operating
20 privilege of the transporter to be suspended for a period of
21 up to one year, or both.
22 (i) Fees, fines and penalties to be paid into the Solid
23 Waste Abatement Fund.--All written authorization fees, fines and
24 penalties collected under this section shall be paid into a
25 restricted account within the Solid Waste Abatement Fund
26 established under section 701 of the Solid Waste Management Act.
27 The fees, fines and penalties also may be used to implement the
28 written authorization program and to support efforts to inspect
29 vehicles used to transport solid waste.
30 (j) Forfeiture.--A towing vehicle and semitrailer used in
20010H1436B2185 - 29 -
1 commission of an offense under this section SUBSECTION (A) shall <--
2 be deemed contraband and may be forfeited to the department. The
3 provisions of law relating to seizure, summary and judicial
4 forfeiture and condemnation of intoxicating liquor shall apply
5 to seizures and forfeitures under this section. Proceeds from
6 the sale of forfeited TOWING VEHICLES AND semitrailers shall be <--
7 deposited in a restricted account within the Solid Waste
8 Abatement Fund established under section 701 of the Solid Waste
9 Management Act. The funds shall be used to implement the written
10 authorization program and to support efforts to inspect vehicles
11 used to transport solid waste.
12 (k) Traffic impact studies for certain facilities.-- <--
13 (1) If the entrance to a commercial solid waste
14 landfill, resource recovery facility or a commercial solid
15 waste landfill or resource recovery facility for which a
16 permit, permit reissuance or major permit modification is
17 sought, is not within 15 driving miles from a four-lane,
18 divided highway as measured by the approved approach routes
19 to the facility, then the Department of Transportation shall
20 prepare a traffic impact study and submit the results of such
21 study to the department within 240 calendar days of the
22 effective date of this act.
23 (K) TRAFFIC IMPACT STUDIES FOR FACILITIES.-- <--
24 (1) THE DEPARTMENT OF TRANSPORTATION SHALL PREPARE A
25 TRAFFIC IMPACT STUDY FOR ALL COMMERCIAL SOLID WASTE
26 LANDFILLS, RESOURCE RECOVERY FACILITIES OR COMMERCIAL SOLID
27 WASTE LANDFILLS OR RESOURCE RECOVERY FACILITIES FOR WHICH A
28 PERMIT, PERMIT REISSUANCE OR MAJOR PERMIT MODIFICATION IS
29 SOUGHT. THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT THE
30 RESULTS OF SUCH STUDY TO THE DEPARTMENT WITHIN 240 CALENDAR
20010H1436B2185 - 30 -
1 DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION.
2 (2) In the department's review of such study, the impact
3 of traffic and transportation to the existing or proposed
4 facility shall be deemed a significant harm subject to
5 heightened scrutiny by the department and which harm may only
6 be overcome if the permittee, in the case of an existing
7 facility, or applicant, in the case of a pending application,
8 can demonstrate that the benefits of the project to the
9 public clearly outweigh all of the known and potential harms.
10 (l) Transporter compliance study and report.-- <--
11 (1) Within 24 months from the effective date of this
12 act, the department shall complete a study of transporter
13 compliance. The study shall include one motor vehicle
14 compliance inspection at or in close proximity to the site of
15 each commercial solid waste landfill and each resource
16 recovery facility in the Commonwealth during each of the two
17 calendar years following the effective date of this act. As a
18 part of each inspection, the department shall determine
19 compliance with the requirements of the Solid Waste
20 Management Act, the Municipal Waste Planning, Recycling and
21 Waste Reduction Act, vehicle safety requirements and weight
22 requirements by each vehicle delivering solid waste to a
23 commercial solid waste landfill or resource recovery facility
24 during the working day.
25 (2) Within 30 months from the effective date of this
26 act, the department shall report the results of the
27 transporter compliance study to the General Assembly. The
28 report shall provide numerical and statistical information
29 for each inspection in sufficient detail to identify and
30 quantify the violations found. For safety-related violations,
20010H1436B2185 - 31 -
1 the report shall provide numerical and statistical
2 information identifying and quantifying the class of vehicle,
3 the driver violations and identifying and quantifying the
4 specific mechanical systems involved in vehicle violations.
5 The report also shall detail the annual registration fees
6 collected and fines and penalties imposed and collected, and
7 the direct and indirect costs to implement the annual
8 registration program and inspection program.
9 (3) Upon the completion of study and submission of the
10 report to the General Assembly, the department shall have the
11 power and duty to promulgate regulations to require the
12 payment of an annual registration fee for each semitrailer
13 used in a towing vehicle and semitrailer combination subject
14 to this section. The amount of the annual registration fee
15 shall be sufficient to cover the actual costs of the
16 department in implementing and enforcing this section.
17 Section 7. Enforcement.
18 CHAPTER 5 <--
19 MUNICIPAL ENHANCEMENT CONSIDERATION FEES
20 SECTION 501. MUNICIPAL ENHANCEMENT CONSIDERATION FEE.
21 (A) ESTABLISHMENT.--A MUNICIPAL ENHANCEMENT CONSIDERATION
22 FEE IS IMPOSED FOR EACH TON OF SOLID WASTE THAT IS DISPOSED OF
23 AT A MUNICIPAL WASTE LANDFILL AND RESOURCE RECOVERY FACILITY.
24 THE OPERATOR OF THE LANDFILL OR FACILITY SHALL PAY SUCH FEE.
25 (B) AMOUNT OF FEE.--
26 (1) THE FEE AUTHORIZED BY THIS SECTION SHALL BE EQUAL TO
27 $10 PER TON, SUBJECT TO INCREMENTAL INCREASES OF $10 WHEN THE
28 TARGET CONDITION SET FORTH IN PARAGRAPH (2) IS EXCEEDED AND
29 INCREMENTAL DECREASES OF $10 WHEN THE TARGET CONDITION IS NOT
30 EXCEEDED. THE DEPARTMENT SHALL HAVE THE DISCRETION TO
20010H1436B2185 - 32 -
1 DETERMINE THE AMOUNT OF THE INCREMENTAL INCREASE OR DECREASE
2 IN FEE IN A GIVEN CASE. IN NO EVENT SHALL THE FEE EXCEED $70
3 PER TON OR BE INCREASED IN MORE THAN THREE CONSECUTIVE SIX-
4 MONTH PERIODS.
5 (2) THE TARGET CONDITION SHALL REPRESENT THE DIFFERENCE
6 BETWEEN THE TOTAL TRASH TARGET AND THE AGGREGATE AMOUNT OF
7 SOLID WASTE DEPOSITED IN A SIX-MONTH PERIOD EXPRESSED IN
8 TONS. FOR PURPOSES OF THIS PARAGRAPH, "TOTAL TRASH TARGET"
9 MEANS AN AMOUNT EQUAL TO EITHER THE NUMBER OF RESIDENTS IN
10 THIS COMMONWEALTH OR 12,000,000, WHICHEVER IS LESS.
11 (C) ALTERNATIVE CALCULATION.--THE MUNICIPAL ENHANCEMENT
12 CONSIDERATION FEE FOR AN OPERATOR OF A MUNICIPAL WASTE LANDFILL
13 AND RESOURCE RECOVERY FACILITY THAT DOES NOT WEIGH SOLID WASTE
14 WHEN IT IS RECEIVED SHALL BE CALCULATED AS IF THREE CUBIC YARDS
15 WERE EQUAL TO ONE TON OF SOLID WASTE.
16 (D) WASTE WEIGHT REQUIREMENT.--ON AND AFTER JANUARY 1, 2002,
17 EACH OPERATOR OF A MUNICIPAL WASTE LANDFILL AND RESOURCE
18 RECOVERY FACILITY THAT HAS RECEIVED 30,000 OR MORE CUBIC YARDS
19 OF SOLID WASTE IN THE PREVIOUS CALENDAR YEAR SHALL WEIGH ALL
20 SOLID WASTE WHEN IT IS RECEIVED. THE SCALE USED TO WEIGH SOLID
21 WASTE SHALL CONFORM TO THE REQUIREMENTS OF 3 PA.C.S. CH. 41
22 (RELATING TO WEIGHTS AND MEASURES), AND THE REGULATIONS
23 PROMULGATED PURSUANT THERETO. THE OPERATOR OF THE SCALE SHALL BE
24 A LICENSED PUBLIC WEIGHMASTER UNDER 3 PA.C.S. CH. 41 AND THE
25 REGULATIONS PROMULGATED PURSUANT THERETO.
26 SECTION 502. FORM AND TIMING OF MUNICIPAL ENHANCEMENT
27 CONSIDERATION FEE PAYMENT.
28 (A) QUARTERLY PAYMENTS.--EACH OPERATOR OF A MUNICIPAL WASTE
29 LANDFILL AND RESOURCE RECOVERY FACILITY SHALL MAKE THE MUNICIPAL
30 ENHANCEMENT CONSIDERATION FEE PAYMENT QUARTERLY. THE FEE SHALL
20010H1436B2185 - 33 -
1 BE PAID ON OR BEFORE THE 20TH DAY OF APRIL, JULY, OCTOBER AND
2 JANUARY FOR THE THREE MONTHS ENDING THE LAST DAY OF MARCH, JUNE,
3 SEPTEMBER AND DECEMBER.
4 (B) QUARTERLY REPORTS.--EACH MUNICIPAL ENHANCEMENT
5 CONSIDERATION FEE PAYMENT SHALL BE ACCOMPANIED BY A FORM
6 PREPARED AND FURNISHED BY THE DEPARTMENT AND COMPLETED BY THE
7 OPERATOR. THE FORM SHALL STATE THE TOTAL WEIGHT OR VOLUME OF
8 SOLID WASTE RECEIVED BY THE FACILITY DURING THE PAYMENT PERIOD
9 AND PROVIDE ANY OTHER AGGREGATE INFORMATION DEEMED NECESSARY BY
10 THE DEPARTMENT TO CARRY OUT THE PURPOSES OF THIS CHAPTER. THE
11 OPERATOR SHALL SIGN THE FORM.
12 (C) TIMELINESS OF PAYMENT.--THE OPERATOR SHALL BE DEEMED TO
13 HAVE MADE A TIMELY PAYMENT OF THE MUNICIPAL ENHANCEMENT
14 CONSIDERATION FEE IF THE OPERATOR COMPLIES WITH ALL OF THE
15 FOLLOWING:
16 (1) THE ENCLOSED PAYMENT IS FOR THE FULL AMOUNT OWED
17 PURSUANT TO THIS SECTION AND NO FURTHER DEPARTMENTAL ACTION
18 IS REQUIRED FOR COLLECTION.
19 (2) THE REQUIRED FORM ACCOMPANIES THE PAYMENT, AND SUCH
20 FORM IS COMPLETE AND ACCURATE.
21 (3) THE LETTER TRANSMITTING THE PAYMENT THAT IS RECEIVED
22 BY THE DEPARTMENT IS POSTMARKED BY THE UNITED STATES POSTAL
23 SERVICE ON OR PRIOR TO THE FINAL DAY ON WHICH THE PAYMENT IS
24 TO BE RECEIVED.
25 (D) DISCOUNT.--ANY OPERATOR THAT MAKES A TIMELY PAYMENT OF
26 THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE AS PROVIDED IN THIS
27 SECTION SHALL BE ENTITLED TO CREDIT AND APPLY AGAINST THE FEE
28 PAYABLE A DISCOUNT OF 1% OF THE AMOUNT OF THE FEE COLLECTED.
29 (E) REFUNDS.--
30 (1) ANY OPERATOR WHO BELIEVES HE HAS OVERPAID THE
20010H1436B2185 - 34 -
1 MUNICIPAL ENHANCEMENT CONSIDERATION FEE MAY FILE A PETITION
2 FOR REFUND TO THE DEPARTMENT. IF THE DEPARTMENT DETERMINES
3 THAT THE OPERATOR HAS OVERPAID THE FEE, THE DEPARTMENT SHALL
4 REFUND TO THE OPERATOR THE AMOUNT DUE HIM, TOGETHER WITH
5 INTEREST AT A RATE ESTABLISHED PURSUANT TO SECTION 806.1 OF
6 THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
7 FISCAL CODE, FROM THE DATE OF OVERPAYMENT.
8 (2) NO REFUND OF THE MUNICIPAL ENHANCEMENT CONSIDERATION
9 FEE SHALL BE MADE UNLESS THE PETITION FOR THE REFUND IS FILED
10 WITH THE DEPARTMENT WITHIN SIX MONTHS OF THE DATE OF THE
11 OVERPAYMENT.
12 (F) ALTERNATIVE PROOF OF PAYMENT.--FOR PURPOSES OF THIS
13 SECTION, PRESENTATION OF A RECEIPT INDICATING THAT THE PAYMENT
14 WAS MAILED BY REGISTERED OR CERTIFIED MAIL ON OR BEFORE THE DUE
15 DATE SHALL BE EVIDENCE OF TIMELY PAYMENT.
16 SECTION 503. COLLECTION AND ENFORCEMENT OF FEE.
17 (A) INTEREST.--IF AN OPERATOR FAILS TO MAKE A TIMELY PAYMENT
18 OF THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE REQUIRED BY THIS
19 CHAPTER, THE OPERATOR SHALL PAY INTEREST ON THE UNPAID AMOUNT
20 DUE AT THE RATE ESTABLISHED PURSUANT TO SECTION 806 OF THE ACT
21 OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE,
22 FROM THE LAST DAY FOR TIMELY PAYMENT TO THE DATE PAID.
23 (B) ADDITIONAL PENALTY.--IN ADDITION TO THE INTEREST
24 PROVIDED IN SUBSECTION (A), IF AN OPERATOR FAILS TO MAKE TIMELY
25 PAYMENT OF THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE, THERE
26 SHALL BE ADDED TO THE AMOUNT OF FEE ACTUALLY DUE 5% OF THE
27 AMOUNT OF SUCH FEE, IF THE FAILURE TO FILE A TIMELY PAYMENT IS
28 FOR NOT MORE THAN ONE MONTH, WITH AN ADDITIONAL 5% FOR EACH
29 ADDITIONAL MONTH, OR FRACTION THEREOF, DURING WHICH SUCH FAILURE
30 CONTINUES, NOT EXCEEDING 25% IN THE AGGREGATE.
20010H1436B2185 - 35 -
1 (C) ASSESSMENT NOTICES.--
2 (1) IF THE DEPARTMENT DETERMINES THAT ANY OPERATOR HAS
3 NOT MADE A TIMELY PAYMENT OF THE MUNICIPAL ENHANCEMENT
4 CONSIDERATION FEE, IT SHALL SEND THE OPERATOR A WRITTEN
5 NOTICE OF THE AMOUNT OF THE DEFICIENCY WITHIN 30 DAYS OF
6 DETERMINING SUCH DEFICIENCY. WHEN THE OPERATOR HAS NOT
7 PROVIDED A COMPLETE AND ACCURATE STATEMENT OF THE WEIGHT OR
8 VOLUME OF SOLID WASTE RECEIVED AT THE FACILITY FOR THE
9 PAYMENT PERIOD, THE DEPARTMENT MAY ESTIMATE THE WEIGHT OR
10 VOLUME IN ITS NOTICE.
11 (2) THE OPERATOR CHARGED WITH THE DEFICIENCY SHALL HAVE
12 30 DAYS TO PAY THE DEFICIENCY IN FULL OR, IF THE OPERATOR
13 WISHES TO CONTEST THE DEFICIENCY, FORWARD THE AMOUNT OF THE
14 DEFICIENCY TO THE DEPARTMENT FOR PLACEMENT IN AN ESCROW
15 ACCOUNT WITH THE STATE TREASURER OR ANY BANK IN THIS
16 COMMONWEALTH, OR POST AN APPEAL BOND IN THE AMOUNT OF THE
17 DEFICIENCY. SUCH BOND SHALL BE EXECUTED BY A SURETY LICENSED
18 TO DO BUSINESS IN THIS COMMONWEALTH AND BE SATISFACTORY TO
19 THE DEPARTMENT. FAILURE TO FORWARD THE MONEY OR THE APPEAL
20 BOND TO THE DEPARTMENT WITHIN 30 DAYS SHALL RESULT IN A
21 WAIVER OF ALL LEGAL RIGHTS TO CONTEST THE DEFICIENCY.
22 (3) IF, THOROUGH ADMINISTRATIVE OR JUDICIAL REVIEW OF
23 THE DEFICIENCY, IT IS DETERMINED THAT THE AMOUNT OF
24 DEFICIENCY SHALL BE REDUCED, THE DEPARTMENT SHALL WITHIN 30
25 DAYS REMIT THE APPROPRIATE AMOUNT TO THE OPERATOR, WITH ANY
26 INTEREST ACCUMULATED BY THE ESCROW DEPOSIT.
27 (4) THE AMOUNT DETERMINED AFTER ADMINISTRATIVE HEARING
28 OR AFTER WAIVER OF ADMINISTRATIVE HEARING SHALL BE PAYABLE TO
29 THE COMMONWEALTH AND SHALL BE COLLECTIBLE IN THE MANNER
30 PROVIDED BY LAW.
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1 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
2 CONTRARY, THERE SHALL BE A STATUTE OF LIMITATIONS OF FIVE
3 YEARS UPON ACTIONS BROUGHT BY THE COMMONWEALTH PURSUANT TO
4 THIS SECTION.
5 (6) IF ANY AMOUNT DUE HEREUNDER REMAINS UNPAID 30 DAYS
6 AFTER RECEIPT OF NOTICE THEREOF, THE DEPARTMENT MAY ORDER THE
7 OPERATOR OF THE FACILITY TO CEASE RECEIVING ANY SOLID WASTE
8 UNTIL THE AMOUNT OF THE DEFICIENCY IS COMPLETELY PAID.
9 (D) FILING OF APPEALS.--NOTWITHSTANDING ANY OTHER PROVISION
10 OF LAW, ALL APPEALS OF FINAL DEPARTMENT ACTIONS CONCERNING THE
11 MUNICIPAL ENHANCEMENT CONSIDERATION FEE, INCLUDING, BUT NOT
12 LIMITED TO, PETITIONS FOR REFUNDS, SHALL BE FILED WITH THE
13 ENVIRONMENTAL HEARING BOARD.
14 (E) CONSTRUCTIVE TRUST.--ALL MUNICIPAL ENHANCEMENT
15 CONSIDERATION FEES COLLECTED BY AN OPERATOR AND HELD BY SUCH
16 OPERATOR PRIOR TO PAYMENT TO THE DEPARTMENT SHALL CONSTITUTE A
17 TRUST FUND FOR THE COMMONWEALTH, AND SUCH TRUST SHALL BE
18 ENFORCEABLE AGAINST SUCH OPERATOR, ITS REPRESENTATIVES AND ANY
19 PERSON RECEIVING ANY PART OF SUCH FUND WITHOUT CONSIDERATION OR
20 WITH KNOWLEDGE THAT THE OPERATOR IS COMMITTING A BREACH OF THE
21 TRUST. ANY PERSON RECEIVING PAYMENT OF LAWFUL OBLIGATION OF THE
22 OPERATOR FROM SUCH FUND SHALL BE PRESUMED TO HAVE RECEIVED THE
23 SAME IN GOOD FAITH AND WITHOUT ANY KNOWLEDGE OF THE BREACH OF
24 TRUST.
25 (F) REMEDIES CUMULATIVE.--THE REMEDIES PROVIDED TO THE
26 DEPARTMENT IN THIS SECTION ARE IN ADDITION TO ANY OTHER REMEDIES
27 PROVIDED AT LAW OR IN EQUITY.
28 SECTION 504. RECORDS.
29 EACH OPERATOR SHALL KEEP DAILY RECORDS OF ALL DELIVERIES OF
30 SOLID WASTE TO THE FACILITY AS REQUIRED BY THE DEPARTMENT,
20010H1436B2185 - 37 -
1 INCLUDING, BUT NOT LIMITED TO, THE NAME AND ADDRESS OF THE
2 HAULER, THE SOURCE OF THE WASTE, THE KIND OF WASTE RECEIVED AND
3 THE WEIGHT OR VOLUME OF THE WASTE. A COPY OF THESE RECORDS SHALL
4 BE MAINTAINED AT THE SITE BY THE OPERATOR FOR NO LESS THAN FIVE
5 YEARS AND SHALL BE MADE AVAILABLE TO THE DEPARTMENT AND THE HOST
6 MUNICIPALITY FOR INSPECTION, UPON REQUEST.
7 SECTION 505. SURCHARGE.
8 NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY:
9 (1) THE OPERATOR MAY COLLECT THE MUNICIPAL ENHANCEMENT
10 CONSIDERATION FEE IMPOSED BY THIS CHAPTER AS A SURCHARGE ON
11 ANY FEE SCHEDULE ESTABLISHED PURSUANT TO LAW, ORDINANCE,
12 RESOLUTION OR CONTRACT FOR SOLID WASTE PROCESSING OR DISPOSAL
13 OPERATIONS AT A FACILITY.
14 (2) ANY PERSON WHO COLLECTS OR TRANSPORTS SOLID WASTE
15 SUBJECT TO A MUNICIPAL WASTE LANDFILL OR RESOURCE RECOVERY
16 FACILITY MAY IMPOSE A SURCHARGE ON ANY FEE SCHEDULE
17 ESTABLISHED PURSUANT TO LAW, ORDINANCE, RESOLUTION OR
18 CONTRACT FOR THE COLLECTION OR TRANSPORTATION OF SOLID WASTE
19 TO THE FACILITY. THE SURCHARGE SHALL BE EQUAL TO THE INCREASE
20 IN DISPOSAL FEES AT THE FACILITY ATTRIBUTABLE TO THE
21 MUNICIPAL ENHANCEMENT CONSIDERATION FEE. HOWEVER, INTEREST
22 AND PENALTIES ON THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE
23 MAY NOT BE COLLECTED AS A SURCHARGE.
24 SECTION 506. MUNICIPAL ENHANCEMENT CONSIDERATION FEE FUND.
25 (A) ESTABLISHMENT.--ALL FEES RECEIVED BY THE DEPARTMENT
26 PURSUANT TO THIS CHAPTER SHALL BE PAID INTO THE STATE TREASURY
27 INTO A SPECIAL FUND TO BE KNOWN AS THE MUNICIPAL ENHANCEMENT
28 CONSIDERATION FEE FUND, WHICH IS HEREBY ESTABLISHED.
29 (B) APPROPRIATION.--ALL MONEYS PLACED IN THE MUNICIPAL
30 ENHANCEMENT CONSIDERATION FEE FUND ARE HEREBY APPROPRIATED TO
20010H1436B2185 - 38 -
1 THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION. THE
2 DEPARTMENT SHALL ANNUALLY SUBMIT TO THE GOVERNOR FOR HIS
3 APPROVAL ESTIMATES OF AMOUNTS TO BE EXPENDED UNDER THIS SECTION.
4 (C) ALLOCATIONS.--THE DEPARTMENT SHALL, TO THE EXTENT
5 PRACTICABLE, ALLOCATE THE MONEYS RECEIVED BY THE MUNICIPAL
6 ENHANCEMENT CONSIDERATION FEE FUND, INCLUDING ALL INTEREST
7 GENERATED THEREON, IN THE FOLLOWING MANNER EACH YEAR:
8 (1) AT LEAST 10% SHALL BE EXPENDED FOR FIRE AND
9 EMERGENCY.
10 (2) AT LEAST 10% SHALL BE EXPENDED ON LIBRARIES.
11 (3) AT LEAST 10% SHALL BE EXPENDED ON RECYCLING
12 DEVELOPMENT.
13 (4) AT LEAST 10% SHALL BE EXPENDED ON EARLY CHILDHOOD
14 TUITION GRANTS.
15 (5) AT LEAST 10% SHALL BE EXPENDED ON KEYSTONE
16 OPPORTUNITY ZONE DEVELOPMENT.
17 (6) AT LEAST 10% SHALL BE EXPENDED ON AGRICULTURAL AND
18 MINING RELATED GRANTS TO LOCAL WATERSHEDS.
19 (7) AT LEAST 10% SHALL BE EXPENDED ON LOCAL DEPARTMENT
20 OF TRANSPORTATION HAZARDOUS MATERIAL ELIMINATION.
21 (8) AT LEAST 10% SHALL BE EXPENDED ON GRANTS FOR
22 MUNICIPAL IMPROVEMENTS AS APPROVED BY THE GOVERNOR.
23 (9) AT LEAST 10% SHALL BE EXPENDED ON A WEED AND SEED
24 PROGRAM.
25 (10) NO MORE THAN 3% MAY BE EXPENDED FOR COLLECTING THE
26 MUNICIPAL ENHANCEMENT CONSIDERATION FEE AND ENFORCEMENT OF
27 THIS CHAPTER.
28 (D) TRANSFER.--ON THE FIRST DAY OF THE 16TH YEAR AFTER THE
29 MUNICIPAL ENHANCEMENT CONSIDERATION FEE IMPOSED BY THIS CHAPTER
30 BECOMES EFFECTIVE, ALL MONEYS IN THE MUNICIPAL ENHANCEMENT
20010H1436B2185 - 39 -
1 CONSIDERATION FEE FUND THAT ARE NOT OBLIGATED SHALL BE
2 TRANSFERRED TO THE SOLID WASTE ABATEMENT FUND AND EXPENDED IN
3 THE SAME MANNER AS OTHER MONEYS IN THE SOLID WASTE ABATEMENT
4 FUND. ON THE FIRST DAY OF THE 19TH YEAR AFTER THE FEE IMPOSED BY
5 THIS CHAPTER BECOMES EFFECTIVE, ALL MONEYS IN THE RECYCLING FUND
6 THAT ARE NOT EXPENDED SHALL BE TRANSFERRED TO THE SOLID WASTE
7 ABATEMENT FUND AND EXPENDED IN THE SAME MANNER AS OTHER MONEYS
8 IN THE SOLID WASTE ABATEMENT FUND.
9 (E) ADVISORY COMMITTEE.--THE SECRETARY SHALL ESTABLISH A
10 MUNICIPAL ENHANCEMENT CONSIDERATION FEE ADVISORY COMMITTEE
11 COMPOSED OF REPRESENTATIVES OF COUNTIES, OTHER MUNICIPALITIES,
12 MUNICIPAL AUTHORITIES, THE MUNICIPAL WASTE MANAGEMENT INDUSTRY,
13 THE MUNICIPAL WASTE RECYCLING INDUSTRY, THE MUNICIPAL WASTE
14 GENERATING INDUSTRY AND THE GENERAL PUBLIC. THE COMMITTEE SHALL
15 ALSO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY, ONE APPOINTED BY
16 EACH OF THE FOLLOWING: THE PRESIDENT PRO TEMPORE OF THE SENATE,
17 THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE HOUSE OF
18 REPRESENTATIVES AND THE MINORITY LEADER OF THE HOUSE OF
19 REPRESENTATIVES. THE COMMITTEE SHALL MEET AT LEAST ANNUALLY TO
20 RECOMMEND PRIORITIES ON EXPENDITURES FROM THE FUND AND TO ADVISE
21 THE SECRETARY ON ASSOCIATED ACTIVITIES CONCERNING THE
22 ADMINISTRATION OF THE FUND. THE DEPARTMENT SHALL REIMBURSE
23 MEMBERS OF THE COMMITTEE FOR REASONABLE TRAVEL, HOTEL AND OTHER
24 NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR DUTIES UNDER
25 THIS SECTION.
26 (F) ANNUAL REPORTS.--THE DEPARTMENT SHALL SUBMIT AN ANNUAL
27 REPORT TO THE GENERAL ASSEMBLY ON RECEIPTS TO AND DISBURSEMENTS
28 FROM THE MUNICIPAL ENHANCEMENT CONSIDERATION FEE FUND IN THE
29 PREVIOUS FISCAL YEAR, PROJECTIONS FOR REVENUES AND EXPENDITURES
30 IN THE COMING FISCAL YEAR.
20010H1436B2185 - 40 -
1 CHAPTER 7
2 MISCELLANEOUS PROVISIONS
3 SECTION 701. ENFORCEMENT.
4 (a) Orders.--
5 (1) The department may issue orders to persons and
6 municipalities as it deems necessary to aid in the
7 enforcement of this act. These orders may include, but shall
8 not be limited to, orders to enforce the terms of a host <--
9 municipality agreement, orders modifying, suspending or
10 revoking written authorizations and orders requiring persons
11 and municipalities to cease unlawful activities or operations
12 of a commercial solid waste landfill or resource recovery <--
13 facility or transportation vehicle which in the course of its
14 operation is in violation of any provision of this act, any
15 rule or regulation of the department or any terms and
16 conditions of a written authorization issued under this act,
17 a host municipality agreement or a permit. An order issued <--
18 under this act shall take effect upon notice unless the order
19 specifies otherwise.
20 (2) An appeal to the Environmental Hearing Board shall
21 not act as a supersedeas.
22 (3) The power of the department to issue an order under
23 this act is in addition to any other remedy which may be
24 afforded to the department pursuant to this act or any other
25 act.
26 (b) Duty to comply with orders of department.--It shall be
27 the duty of any person and municipality to proceed diligently to
28 comply with any order issued pursuant to this section. If the
29 person or municipality fails to proceed diligently or fails to
30 comply with the order within the time, if any, as may be
20010H1436B2185 - 41 -
1 specified, the person or municipality shall be guilty of
2 contempt and shall be punished by the court in an appropriate
3 manner and, for this purpose, application may be made by the
4 department to the court.
5 Section 8 702. Civil penalties. <--
6 (a) Authority.--
7 (1) In addition to proceeding under any other remedy
8 available at law or in equity for a violation of any
9 provision of this act, any provision of a host municipality <--
10 agreement, any rule or regulation of the department or order
11 of the department or any term or condition of any written
12 authorization issued by the department, the department may
13 assess a civil penalty upon a person for the violation. The
14 penalty may be assessed whether or not the violation was
15 willful or negligent.
16 (2) In determining the amount of the penalty, the
17 department shall consider the willfulness of the violation,
18 damage to air, water, land or other natural resources of this
19 Commonwealth or their uses, cost or restoration and
20 abatement, savings resulting to the person in consequence of
21 the violation and other relevant factors.
22 (3) The maximum civil penalty that may be assessed
23 pursuant to this section is $25,000 per offense. Each
24 violation for each separate day and each violation of any
25 provision of this act, any rule or regulation under this act,
26 any order of the department or any term or condition of a
27 permit or permits shall constitute a separate and distinct
28 offense under this section.
29 (b) Procedure.--
30 (1) When the department proposes to assess a civil
20010H1436B2185 - 42 -
1 penalty, it shall inform the person of the proposed amount of
2 the penalty. The person charged with the penalty shall then
3 have 30 calendar days to pay the proposed penalty in full or,
4 if the person wishes to contest the amount of the penalty or
5 the fact of the violation to the extent not already
6 established, the person shall forward the proposed amount of
7 the penalty to the Environmental Hearing Board within the 30-
8 calendar day period for placement in an escrow account with
9 the State Treasurer or any Commonwealth bank or post an
10 appeal bond to the hearing board within 30 calendar days in
11 the amount of the proposed penalty if the bond is executed by
12 a surety licensed to do business in this Commonwealth and is
13 satisfactory to the department.
14 (2) If through administrative or final judicial review
15 of the proposed penalty it is determined that no violation
16 occurred or that the amount of the penalty shall be reduced,
17 the hearing board shall within 30 calendar days remit the
18 appropriate amount to the person with any interest
19 accumulated by the escrow deposit.
20 (3) Failure to forward the money or the appeal bond at
21 the time of the appeal shall result in a waiver of all legal
22 rights to contest the violation or the amount of the civil
23 penalty unless the appellant alleges financial inability to
24 prepay the penalty or to post the appeal bond. The hearing
25 board shall conduct a hearing to consider the appellant's
26 alleged inability to pay within 30 calendar days of the date
27 of the appeal.
28 (4) The hearing board may waive the requirement to
29 prepay the civil penalty or to post an appeal bond if the
30 appellant demonstrates and the hearing board finds that the
20010H1436B2185 - 43 -
1 appellant is financially unable to pay. The hearing board
2 shall issue an order within 30 calendar days of the date of
3 the hearing to consider the appellant's alleged inability to
4 pay.
5 (5) The amount assessed after administrative hearing or
6 after waiver of administrative hearing shall be payable to
7 the Commonwealth and shall be collectible in any manner
8 provided by law for the collection of debts, including the
9 collection of interest at the legal rate, which shall run
10 from the date of assessment of the penalty.
11 (6) If any person liable to pay a penalty neglects or
12 refuses to pay the same after demand, the amount, together
13 with interest and any costs that may accrue, shall constitute
14 a debt of the person, as may be appropriate, to the Solid
15 Waste Abatement Fund. The debt shall constitute a lien on all
16 property owned by the person when a notice of lien
17 incorporating a description of the property of the person
18 subject to the action is filed with the prothonotary of the
19 court of common pleas where the property is located.
20 (7) The prothonotary shall promptly enter upon the civil
21 judgment or order docket, at no cost to the department, the
22 name and address of the person, as may be appropriate, and
23 the amount of the lien as set forth in the notice of lien.
24 Upon entry by the prothonotary, the lien shall attach to the
25 revenues and all real and personal property of the person,
26 whether or not the person is solvent.
27 (8) The notice of lien, filed pursuant to this
28 subsection, which affects the property of the person shall
29 create a lien with priority over all subsequent claims or
30 liens which are filed against the person, but it shall not
20010H1436B2185 - 44 -
1 affect any valid lien, right or interest in the property
2 filed in accordance with established procedure prior to the
3 filing of a notice of lien under this subsection.
4 Section 9 703. Regulations. <--
5 The Environmental Quality Board shall have the power and its
6 duty shall be to adopt the regulations of the department to
7 accomplish the purposes and to carry out the provisions of this
8 act.
9 Section 10. Severability. <--
10 The provisions of this act are severable. If any provision of
11 this act or its application to any person or circumstance is
12 held invalid, the invalidity shall not affect other provisions
13 or applications of this act which can be given effect without
14 the invalid provision or application.
15 Section 11 704. Repeals. <--
16 All acts and parts of acts are repealed insofar as they are
17 inconsistent with this act.
18 Section 12 705. Effective date. <--
19 This act shall take effect as follows: <--
20 (1) Section 6(a) shall take effect upon the adoption of
21 final regulations by the department pursuant to section 6(f).
22 (2) The remainder of this act shall take effect
23 immediately.
24 THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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