See other bills
under the
same topic
                                                      PRINTER'S NO. 1334

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 983 Session of 2003


        INTRODUCED BY RAFFERTY, BRIGHTBILL, PICCOLA, O'PAKE, KUKOVICH,
           CORMAN, TARTAGLIONE, COSTA, BOSCOLA, C. WILLIAMS, RHOADES AND
           FERLO, DECEMBER 18, 2003

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
           DECEMBER 18, 2003

                                     AN ACT

     1  Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
     2     act providing for the planning and regulation of solid waste
     3     storage, collection, transportation, processing, treatment,
     4     and disposal; requiring municipalities to submit plans for
     5     municipal waste management systems in their jurisdictions;
     6     authorizing grants to municipalities; providing regulation of
     7     the management of municipal, residual and hazardous waste;
     8     requiring permits for operating hazardous waste and solid
     9     waste storage, processing, treatment, and disposal
    10     facilities; and licenses for transportation of hazardous
    11     waste; imposing duties on persons and municipalities;
    12     granting powers to municipalities; authorizing the
    13     Environmental Quality Board and the Department of
    14     Environmental Resources to adopt rules, regulations,
    15     standards and procedures; granting powers to and imposing
    16     duties upon county health departments; providing remedies;
    17     prescribing penalties; and establishing a fund," further
    18     providing for permit and license application requirements,
    19     for granting, denying, renewing, modifying, revoking and
    20     suspending permits and licenses and for unlawful conduct; and
    21     providing for repeat violations.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Sections 502 and 503 of the act of July 7, 1980
    25  (P.L.380, No.97), known as the Solid Waste Management Act, are
    26  amended to read:


     1  Section 502.  Permit and license application requirements.
     2     (a)  Application for any permit or license shall be in
     3  writing, shall be made on forms provided by the department and
     4  shall be accompanied by such plans, designs and relevant data as
     5  the department may require. Such plans, designs and data shall
     6  be prepared by a registered professional engineer.
     7     (b)  The application for a permit to operate a hazardous
     8  waste storage, treatment or disposal facility shall also be
     9  accompanied by a form, prepared and furnished by the department,
    10  containing the written consent of the landowner to entry upon
    11  any land to be affected by the proposed facility by the
    12  Commonwealth and by any of its authorized agents prior to and
    13  during operation of the facility and for 20 years after closure
    14  of the facility, for the purpose of inspection and for the
    15  purpose of any such pollution abatement or pollution prevention
    16  activities as the department deems necessary. Such forms shall
    17  be deemed to be recordable documents and prior to the initiation
    18  of operations under the permit, such forms shall be recorded and
    19  entered into the deed book (d.b.v.) indexing system at the
    20  office of the recorder of deeds in the counties in which the
    21  area to be affected under the permit is situated.
    22     (c)  All records, reports, or information contained in the
    23  hazardous waste storage, treatment or disposal facility permit
    24  application submitted to the department under this section shall
    25  be available to the public; except that the department shall
    26  consider a record, report or information or particular portion
    27  thereof, confidential in the administration of this act if the
    28  applicant can show cause that the records, reports or
    29  information, or a particular portion thereof (but not emission
    30  or discharge data or information concerning solid waste which is
    20030S0983B1334                  - 2 -     

     1  potentially toxic in the environment), if made public, would
     2  divulge production or sales figures or methods, processes or
     3  production unique to such applicant or would otherwise tend to
     4  affect adversely the competitive position of such applicant by
     5  revealing trade secrets. Nothing herein shall be construed to
     6  prevent disclosure of such report, record or information to the
     7  Federal Government or other State agencies as may be necessary
     8  for purposes of administration of any Federal or State law.
     9     (d)  The application for a permit shall set forth the manner
    10  in which the operator plans to comply with the requirements of
    11  the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean
    12  Streams Law," the act of May 31, 1945 (P.L.1198, No.418), known
    13  as the "Surface Mining Conservation and Reclamation Act," the
    14  act of January 8, 1960 (1959 P.L.2119, No.787), known as the
    15  "Air Pollution Control Act," and the act of November 26, 1978
    16  (P.L.1375, No.325), known as the "Dam Safety and Encroachments
    17  Act," as applicable. No approval shall be granted unless the
    18  plan provides for compliance with the statutes hereinabove
    19  enumerated, and failure to comply with the statutes hereinabove
    20  enumerated during construction and operation or thereafter shall
    21  render the operator liable to the sanctions and penalties
    22  provided in this act for violations of this act and to the
    23  sanctions and penalties provided in the statutes hereinabove
    24  enumerated for violations of such statutes. Such failure to
    25  comply shall be cause for revocation of any approval or permit
    26  issued by the department to the operator. Compliance with the
    27  provisions of this subsection and with the provisions of this
    28  act and the provisions of the statutes hereinabove enumerated
    29  shall not relieve the operator of the responsibility for
    30  complying with the provisions of all other applicable statutes,
    20030S0983B1334                  - 3 -     

     1  including, but not limited to the act of July 17, 1961 (P.L.659,
     2  No.339), known as the "Pennsylvania Bituminous Coal Mine Act,"
     3  the act of November 10, 1965 (P.L.721, No.346), known as the
     4  "Pennsylvania Anthracite Coal Mine Act," and the act of July 9,
     5  1976 (P.L.931, No.178), entitled "An act providing emergency
     6  medical personnel; employment of emergency medical personnel and
     7  emergency communications in coal mines."
     8     (e)  The application for a permit shall certify that the
     9  operator has in force, or will, prior to the initiation of
    10  operations under the permit have in force, an ordinary public
    11  liability insurance policy in an amount to be prescribed by
    12  rules and regulations promulgated hereunder.
    13     (e.1)  The application for a permit shall certify that the
    14  operator does not have any outstanding violations of this act or
    15  any public nuisances which have not been corrected as of the
    16  time of the application. The permit application shall also
    17  certify that the operator has complied with any enforcement
    18  orders issued by the department. The department shall not accept
    19  an application for review until it verifies the certification
    20  required by this section. Failure to so certify, or the
    21  submission of a false certification, shall be cause for denial
    22  of the application, and may constitute cause for the revocation
    23  or modification of any existing approval or permit issued by the
    24  department to the operator.
    25     (f)  The department may require such other information, and
    26  impose such other terms and conditions, as it deems necessary or
    27  proper to achieve the goals and purposes of this act.
    28     (g)  The department, upon receipt of an application for a
    29  permit, shall give written notice to each and every municipality
    30  in which the proposed hazardous waste facility will be located.
    20030S0983B1334                  - 4 -     

     1  Section 503.  Granting, denying, renewing, modifying, revoking
     2                and suspending permits and licenses.
     3     (a)  Upon approval of the application, the department shall
     4  issue a permit for the operation of a solid waste storage,
     5  treatment, processing or disposal facility or area or a license
     6  for the transportation of hazardous wastes, as set forth in the
     7  application and further conditioned by the department.
     8     (b)  No permit shall be issued unless and until all
     9  applicable bonds have been posted with the department.
    10     (c)  In carrying out the provisions of this act, the
    11  department may deny, suspend, modify, or revoke any permit or
    12  license if it finds that the applicant, permittee or licensee
    13  has failed or continues to fail to comply with any provision of
    14  this act, the act of June 22, 1937 (P.L.1987, No.394), known as
    15  "The Clean Streams Law," the act of January 8, 1960 (1959
    16  P.L.2119, No.787), known as the "Air Pollution Control Act," and
    17  the act of November 26, 1978 (P.L.1375, No.325), known  as the
    18  "Dam Safety and Encroachments Act," or any other state or
    19  Federal statute relating to environmental protection or to the
    20  protection of the public health, safety and welfare; or any rule
    21  or regulation of the department; or any order of the department;
    22  or any condition of any permit or license issued by the
    23  department; or if the department finds that the applicant,
    24  permittee or licensee has shown a lack of ability or intention
    25  to comply with any provision of this act or any of the acts
    26  referred to in this subsection or any rule or regulation of the
    27  department or order of the department, or any condition of any
    28  permit or license issued by the department as indicated by past
    29  or continuing violations. In the case of a corporate applicant,
    30  permittee or licensee, the department may deny the issuance of a
    20030S0983B1334                  - 5 -     

     1  license or permit if it finds that a principal of the
     2  corporation was a principal of another corporation which
     3  committed past violations of this act.
     4     (d)  Any person or municipality which has engaged in unlawful
     5  conduct as defined in this act, or whose partner, associate,
     6  officer, parent corporation, subsidiary corporation, contractor,
     7  subcontractor or agent has engaged in such unlawful conduct,
     8  shall be denied any permit or license required by this act
     9  unless the permit or license application demonstrates to the
    10  satisfaction of the department that the unlawful conduct has
    11  been corrected. Any person or municipality which is found during
    12  review of a permit or application to have engaged in three or
    13  more prior violations of this act shall be denied the renewal of
    14  any permit or license, and any review of the permit or license
    15  shall be suspended. Independent contractors and agents who are
    16  to operate under any permit shall be subject to the provisions
    17  of this act. Such independent contractors, agents and the
    18  permittee shall be jointly and severally liable, without regard
    19  to fault, for violations of this act which occur during the
    20  contractor's or agent's involvement in the course of operations.
    21     (e)  Any permit or license granted by the department, as
    22  provided in this act, shall be revocable or subject to
    23  modification or suspension at any time the department determines
    24  that the solid waste storage, treatment, processing or disposal
    25  facility or area or transportation of solid waste:
    26         (1)  is, or has been, conducted in violation of this act
    27     or the rules, regulations, adopted pursuant to the act;
    28         (2)  is creating a public nuisance;
    29         (3)  is creating a potential hazard to the public health,
    30     safety and welfare;
    20030S0983B1334                  - 6 -     

     1         (4)  adversely affects the environment;
     2         (5) is being operated in violation of any terms or
     3     conditions of the permit; or
     4         (6) was operated pursuant to a permit or license that was
     5     not granted in accordance with law.
     6     Section 2.  The act is amended by adding a section to read:
     7  Section 607.1.  Repeat violations.
     8     In addition to any other remedies provided in this act, the
     9  department may impose a higher penalty up to $50,000 upon any
    10  person or municipality that demonstrates a pattern of multiple
    11  violations of section 610. Penalties imposed by the department
    12  under this section upon any person or municipality that
    13  demonstrates a pattern of multiple violations of section 610
    14  shall not be waived by the department.
    15     Section 3.  Section 610 of the act, amended July 11, 1989,
    16  (P.L.331, No.55), is amended to read:
    17  Section 610.  Unlawful conduct.
    18     It shall be unlawful for any person or municipality to:
    19         (1)  Dump or deposit, or permit the dumping or
    20     depositing, of any solid waste onto the surface of the ground
    21     or underground or into the waters of the Commonwealth, by any
    22     means, unless a permit for the dumping of such solid wastes
    23     has been obtained from the department; provided, the
    24     Environmental Quality Board may by regulation exempt certain
    25     activities associated with normal farming operations as
    26     defined by this act from such permit requirements.
    27         (2)  Construct, alter, operate or utilize a solid waste
    28     storage, treatment, processing or disposal facility without a
    29     permit from the department as required by this act or in
    30     violation of the rules or regulations adopted under this act,
    20030S0983B1334                  - 7 -     

     1     or orders of the department, or in violation of any term or
     2     condition of any permit issued by the department.
     3         (3)  Burn solid wastes without a permit from the
     4     department.
     5         (4)  Store, collect, transport, process, treat,
     6     beneficially use, or dispose of, or assist in the storage,
     7     collection, transportation, processing, treatment, beneficial
     8     use or disposal of, solid waste contrary to the rules or
     9     regulations adopted under this act, or orders of the
    10     department, or any term or any condition of any permit, or in
    11     any manner as to create a public nuisance or to adversely
    12     affect the public health, safety and welfare.
    13         (5)  Transport hazardous waste without first having
    14     obtained a license from the department to conduct such
    15     transport activities.
    16         (6)  Transport or permit the transportation of any solid
    17     waste to any storage, treatment, processing or disposal
    18     facility or area unless such facility or area possesses a
    19     permit issued by the department to accept such wastes, or
    20     contrary to the rules or regulations adopted under this act,
    21     or orders of the department, or in such a manner as to
    22     adversely affect or endanger the public health, safety and
    23     welfare or environment through which such transportation
    24     occurs.
    25         (7)  Refuse, hinder, obstruct, delay, or threaten any
    26     agent or employee of the department in the course of
    27     performance of any duty under this act, including, but not
    28     limited to, entry and inspection under any circumstances.
    29         (8)  Consign, assign, sell, entrust, give or in any way
    30     transfer residual or hazardous waste which is at any time
    20030S0983B1334                  - 8 -     

     1     subsequently, by any such person or any other person;
     2             (i)  dumped or deposited or discharged in any manner
     3         into the surface of the earth or underground or into the
     4         waters of the Commonwealth unless a permit for the
     5         dumping or depositing or discharging of such residual or
     6         hazardous waste has first been obtained from the
     7         department; or
     8             (ii)  stored, treated, processed, disposed of or
     9         discharged by a residual or hazardous waste facility
    10         unless such facility is operated under a permit first
    11         obtained from the department.
    12         (9)  Cause or assist in the violation of any provision of
    13     this act, any rule or regulation of the department, any order
    14     of the department or any term or condition of any permit.
    15         (10)  Cause or permit offensive odors, excessive noise,
    16     dangerous truck traffic or the excessive blowing of trash,
    17     dust or other materials.
    18     Section 4.  This act shall take effect in 60 days.








    K21L35SFL/20030S0983B1334        - 9 -