PRINTER'S NO. 1334
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 -