SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WANSACZ, GOODMAN, EACHUS, CONKLIN, WILLIAMS, MUNDY, SIPTROTH, CARROLL AND PASHINSKI, JUNE 24, 2009

SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, SEPTEMBER 30, 2009   

AN ACT

Amending the act of July 28, 1988 (P.L.556, No.101), entitled

"An act providing for planning for the processing and

disposal of municipal waste; requiring counties to submit

plans for municipal waste management systems within their

boundaries; authorizing grants to counties and municipalities

for planning, resource recovery and recycling; imposing and

collecting fees; establishing certain rights for host

municipalities; requiring municipalities to implement

recycling programs; requiring Commonwealth agencies to

procure recycled materials; imposing duties; granting powers

to counties and municipalities; authorizing the Environmental

Quality Board to adopt regulations; authorizing the

Department of Environmental Resources to implement this act;

providing remedies; prescribing penalties; establishing a

fund; and making repeals," further providing for definitions; 

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and further providing for powers and duties of municipalities

other than counties, for site limitation, for records, and

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for recycling fee for municipal waste landfills and resource

recovery facilities; providing for used tire pile

remediation; and further providing for information provided

to host municipalities, for joint inspections with host

municipalities, for claims resulting from pollution

occurrences, for independent evaluation of permit

applications, and for host municipality benefit fee and for

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records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of the act of July 28, 1988 (P.L.556,

No.101), known as the Municipal Waste Planning, Recycling and

Waste Reduction Act, is amended by adding a definition to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Adjacent municipality."  A municipality other than a county

that:

(1)  is located within one mile of the footprint of a

permit area of a proposed new municipal waste landfill or

resource recovery facility, or of a proposed expansion of a

municipal waste landfill or resource recovery facility; and

(2)  has notified the department in writing of its

intention to be considered an adjacent municipality under

this act.

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Section 2.  Sections 304(b), 511(a), 704 and 1101 of the act

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are amended to read:

Section 304.  Powers and duties of municipalities other than

counties.

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(b)  Ordinances.--

(1)  In carrying out its duties under this section, a

municipality other than a county may adopt resolutions,

ordinances, regulations and standards for the recycling,

transportation, storage and collection of municipal wastes or

source-separated recyclable materials, which shall not be

less stringent than, and not in violation of or inconsistent

with, the provisions and purposes of the Solid Waste

Management Act, this act and the regulations promulgated

pursuant thereto.

(2)  The host municipality shall have the authority to

adopt reasonable ordinances concerning the hours and days

during which vehicles may deliver waste to the facility and

the routing of traffic on public roads to the facility. An

adjacent municipality shall have the authority to adopt

reasonable ordinances concerning the hours and days during

which vehicles delivering waste to the facility may travel on

public roads within the adjacent municipality and concerning

the routing of traffic within the adjacent municipality. Such

ordinances may be in addition to, but not less stringent

than, not inconsistent with and not in violation of, any

provision of the Solid Waste Management Act, any regulation

promulgated pursuant to that act, any order issued under that

act, or any permit issued pursuant to that act. Such

ordinances found to be inconsistent and not in substantial

conformity with this paragraph shall be superseded. Appeals

under this paragraph may be brought before a court of

competent jurisdiction.

* * *

Section 511.  Site limitation.

(a)  General rule.--The department shall not issue a permit

for, nor allow the operation of, a new municipal waste landfill,

a new commercial residual waste treatment facility or a new

resource recovery facility within 300 yards of a building which

is owned by a school district or a parochial school and used for

instructional purposes, parks or playgrounds existing prior to

the date the department has received an administratively

complete application for a permit for such facilities. A new

municipal waste, residual waste or construction and demolition

waste landfill may not be permitted to operate within one mile

of a reservoir that serves as a water source for a community

water system, as defined in section 3 of the act of May 1, 1984

(P.L.206, No.43), known as the Pennsylvania Safe Drinking Water

Act. This subsection shall not affect any modification,

extension, addition or renewal of existing permitted facilities.

* * *

Section 704.  Records.

Each operator shall keep daily records of all deliveries of

solid waste to the facility as required by the department,

including, but not limited to, the name and address of the

hauler, the source of the waste, the kind of waste received and

the weight or volume of the waste. A copy of these records shall

be maintained at the site by the operator for no less than five

years and shall be made available to the department [and], the

host municipality and any adjacent municipality for inspection,

upon request.

Section 2.  Section 701(d) of the act, amended November 9,

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2006 (P.L.1347, No.140), is amended to read:

Section 701.  Recycling fee for municipal waste landfills and

resource recovery facilities.

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(d)  Sunset for fee.--No fee shall be imposed under this

section on and after January 1, [2012] 2020.

Section 3.  The act is amended by adding a section to read:

Section 707.  Used tire pile remediation.

(a)  Funding transfer.--Beginning in fiscal year 2009-2010,

through and including fiscal year 2012-2013, $1,250,000 shall be

transferred from the Recycling Fund created under section 706 to

the Used Tire Pile Remediation Restricted Account established

under section 110 of the act of December 19, 1996 (P.L.1478,

No.190), entitled "An act relating to the recycling and reuse of

waste tires; providing for the proper disposal of waste tires

and the cleanup of stockpiled tires; authorizing investment tax

credits for utilizing waste tires; providing remediation grants

for the cleanup of tire piles and for pollution prevention

programs for small business and households; establishing the

Small Business and Household Pollution Prevention Program and

management standards for small business hazardous waste;

providing for a household hazardous waste program and for grant

programs; making appropriations; and making repeals."

(b)  Use of funding.--For fiscal year 2009-2010 through

fiscal year 2012-2013 moneys in the account shall be used for

the following purposes:

(1)  The remediation of waste tire piles on the priority

enforcement list maintained by the department pursuant to

section 107(a) and (b) of the act of December 19, 1996

(P.L.1478, No.190).

(2)  The remediation of waste tire piles on the list of

additional waste tire sites maintained by the department

pursuant to section 107(d) of the act of December 19, 1996

(P.L.1478, No.190).

(3)  For the award of grants pursuant to section 111 of

the act of December 19, 1996 (P.L.1478, No.190) for

remediation of waste tire piles as provided in this

subsection or for activities authorized under that section

which the department determines will assist with the

remediation of waste tire piles as provided in this

subsection.

(c)  Annual report by department.--No later than December 31,

2010, and no later than each December 31 thereafter, the

department shall provide a report to the Environmental Resources

and Energy Committee of the Senate, the Appropriations Committee

of the Senate, the Environmental Resources and Energy Committee

of the House of Representatives and the Appropriations Committee

of the House of Representatives on the Used Tire Pile

Remediation Restricted Account and the remediation of used tire

piles. The last report to be submitted by the department

pursuant to this subsection shall be submitted no later than

December 31, 2014. Within seven days following submission of

each report to the Senate and House committees, the department

shall post the report on the department's publicly accessible

Internet website. The report shall include:

(1)  The current balance of the account and the projected

balance of the account at the end of the fiscal year for

which the department's budget is being submitted.

(2)  A listing of waste tire piles remediated or to be

remediated pursuant to subsection (b) during the prior fiscal

year and cumulatively since the effective date of this

subsection.

(3)  Those waste tire piles which the department expects

to remediate pursuant to subsection (b) during the fiscal

year for which its budget is being submitted and the

projected cost for remediation of those waste tire piles.

(4)  Those waste tire piles which will remain to be

remediated pursuant to subsection (b) and the projected cost

for remediation of those waste tire piles.

Section 4.  Section 1101 of the act is amended to read:

Section 1101.  Information provided to host municipalities and

adjacent municipalities.

(a)  Departmental information.--The department will provide

all of the following information to the governing body of host

municipalities and adjacent municipalities for municipal waste

landfills and resource recovery facilities:

(1)  Copies of each department inspection report for such

facilities under the Solid Waste Management Act, the act of

June 22, 1937 (P.L.1987, No.394), known as The Clean Streams

Law, the act of January 8, 1960 (1959 P.L.2119, No.787),

known as the Air Pollution Control Act, and the act of

November 26, 1978 (P.L.1375, No.325), known as the Dam Safety

and Encroachments Act, within five working days after the

preparation of such reports.

(2)  Prompt notification of all department enforcement or

emergency actions for such facilities, including, but not

limited to, abatement orders, cessation orders, proposed and

final civil penalty assessments, and notices of violation.

(3)  Copies of all air and water quality monitoring data

collected by the department at such facilities, within five

working days after complete laboratory analysis of such data

becomes available to the department.

(b)  Operator information.--Every operator of a municipal

waste landfill or resource recovery facility shall provide to

the host municipality and adjacent municipalities copies of all

air and water quality monitoring data, as required by the

department for the facility, conducted by or on behalf of the

operator, within five days after such data becomes available to

the operator.

(c)  Public information.--All information provided to the

host municipality and adjacent municipalities under this section

shall be made available to the public for review upon request.

(d)  Information to county.--If the host municipality owns or

operates the municipal waste landfill or resource recovery

facility, or proposes to own or operate such landfill or

facility, the information required by this section shall be

provided to the county within which the landfill or facility is

located or proposed to be located and to adjacent municipalities 

instead of the host municipality.

(e)  Sign on vehicle.--A vehicle or conveyance used for the

transporting of solid waste shall bear the name and business

address of the person or municipality which owns the vehicle or

conveyance and the specific type of solid waste transported by

the vehicle or conveyance. All signs shall have lettering which

is at least six inches in height.

Section 3 5.  Section 1102 of the act, repealed in part July

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11, 1996 (P.L.619, No.105), is amended to read:

Section 1102.  Joint inspections with host municipalities and

adjacent municipalities.

(a)  Training of inspectors.--

(1)  The department shall establish and conduct a

training program to certify host municipality and adjacent

municipality inspectors for municipal waste landfills and

resource recovery facilities. This program will be available

to no more than two persons who have been designated in

writing by the host municipality or adjacent municipality.

The department shall [hold] offer training programs at least

twice a year. The department shall certify host municipality

and adjacent municipality inspectors upon completion of the

training program and satisfactory performance in an

examination administered by the department.

(2)  Certified host municipal inspectors and adjacent

municipal inspectors are authorized to enter property,

inspect only those records required by the department, take

samples and conduct inspections in accordance with department

regulations as applicable to department inspectors. However,

certified host municipal inspectors and adjacent municipal

inspectors may not issue orders except as provided in this

subsection. A certified host municipal inspector or adjacent

municipal inspector may order the operator of a facility to

cease any operation or activity at the facility which

constitutes an immediate threat to public health and safety

and which represents a violation of the Solid Waste

Management Act, the regulations promulgated under that act,

any order issued under that act or the terms or conditions of

a permit issued under that act. The order shall expire within

two hours unless the inspector notifies the department and

the governing body of the host municipality and adjacent

municipality. The department may, after conducting an

inspection, supersede the inspector's order by issuing an

order of its own which vacates or modifies the terms of the

inspector's order. If the department does not supersede the

order, the order shall expire after 24 hours unless otherwise

extended, continued or modified by a court pursuant to

section 1703(b).

(4)  The department may decertify host municipality or

adjacent municipality inspectors pursuant to regulations

promulgated by the Environmental Quality Board.

(b)  Departmental information.--

(1)  Whenever any host municipality or adjacent

municipality presents information to the department which

gives the department reason to believe that any municipal

waste landfill or resource recovery facility is in violation

of any requirement of the act of June 22, 1937 (P.L.1987,

No.394), known as The Clean Streams Law, the act of January

8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution

Control Act, the act of November 26, 1978 (P.L.1375, No.325),

known as the Dam Safety and Encroachments Act, the Solid

Waste Management Act, any regulation promulgated pursuant

thereto, any order issued pursuant thereto or the condition

of any permit issued pursuant thereto, the department will

promptly conduct an inspection of such facility.

(2)  The department will notify the host municipality and

adjacent municipality of this inspection and will allow a

certified municipal inspector from the host municipality and

adjacent municipality to accompany the inspector during the

inspection.

(3)  If there is not sufficient information to give the

department reasons to believe that there is a violation, the

department will provide a written explanation to the host

municipality and adjacent municipality of its decision not to

conduct an inspection within 30 days of the request for

inspection.

(4)  Upon written request of a host municipality or

adjacent municipality to the department, the department will

allow a certified inspector of such municipality to accompany

department inspectors on routine inspections of municipal

waste landfills and resource recovery facilities.

(c)  County involvement.--If the host municipality owns or

operates the municipal waste landfill or resource recovery

facility, the training and inspection requirements of this

section shall be available to the county within which the

landfill or facility is located and to adjacent municipalities 

instead of the host municipality.

Section 4 6.  Sections 1107(c) and 1110 of the act are

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amended to read:

Section 1107.  Claims resulting from pollution occurrences.

* * *

(c)  Liability limited.--A host municipality [or], adjacent

municipality, county or municipality within the planning area

may not be held liable for bodily injury or property damage

resulting from pollution occurrences solely by reasons of

participation in the preparation or adoption of a county or

municipal solid waste plan. Nothing herein shall be construed to

prevent any host municipality, adjacent municipality, county or

municipality within the planning area from obtaining or giving

such indemnities as may be appropriate in connection with the

ownership, operation or control of a municipal solid waste

facility.

* * *

Section 1110.  Independent evaluation of permit applications.

At the request of a host municipality or adjacent

municipality, the department may reimburse a host municipality

or adjacent municipality for costs incurred for an independent

permit application review, by a professional engineer who is

licensed in this Commonwealth and who has previous experience in

preparing such permit applications, of an application under the

Solid Waste Management Act, for a new municipal waste landfill

or resource recovery facility or that would result in additional

capacity for a municipal waste landfill or resource recovery

facility. Reimbursement shall not exceed $10,000 per complete

application. An adjacent municipality which chooses to conduct

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an independent evaluation of a permit application must do so

within 60 days of the department's receipt of the permit

application. Notwithstanding the provisions of this subsection,

an adjacent municipality affected by an application already

received by the department as of the effective date of this

section shall have 60 days to conduct an independent evaluation.

Nothing in this subsection shall be construed to alter an

existing permit review timeframe that was negotiated prior to

the effective date of this section.

Section 5 7.  Chapter 13 heading of the act is amended to

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read:

CHAPTER 13

[HOST MUNICIPALITY] BENEFIT FEE

Section 6.  Sections 1301 and 1304 of the act are 8.  Section

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1301 of the act is amended to read:

Section 1301.  [Host municipality benefit] Benefit fee.

(a)  Imposition.--There is imposed a host municipality

benefit fee upon the operator of each municipal waste landfill

or resource recovery facility that has a valid permit on the

effective date of this act or receives a new permit or permit

that results in additional capacity from the department under

the Solid Waste Management Act after the effective date of this

act. The fee shall be paid to the host municipality. If the host

municipality owns or operates the landfill or facility, the fee

shall not be imposed for waste generated within such

municipality. If the landfill or facility is located within more

than one host municipality, the fee shall be apportioned among

them according to the percentage of the permitted area located

in each municipality.

(b)  Amount.--The fee is $1 per ton of weighed solid waste or

$1 per three cubic yards of volume-measured solid waste for all

solid waste received at a landfill or facility. Any amounts paid

by an operator to a host municipality pursuant to a preexisting

agreement shall serve as a credit against the fee amount imposed

by this section.

(c)  Municipal options.--Nothing in this section or section

1302 shall prevent a host municipality from receiving a higher

fee or receiving the fee in a different form or at different

times than provided in this section and section 1302, if the

host municipality and the operator of the municipal waste

landfill or resource recovery facility agree in writing.

(d)  Supersede.--The fee imposed by this section shall

preempt and supersede any tax imposed on each municipal waste

landfill or resource recovery facility under the act of December

31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling

Act, which is in excess of the amount imposed on or before

December 31, 1987.

(e)  County options.--Nothing in this act shall prevent a

host county from negotiating a fee or fee in a different form,

if the host county and the operator of the municipal waste

landfill or resource recovery agree in writing. Any county which

has negotiated a fee as of the effective date of this act may

require that the fee be continued.

(f)  Adjacent municipality options.--Nothing in this act may

prevent an adjacent municipality from negotiating a fee or fee

in a different form if the adjacent municipality and the

operator of the municipal waste landfill or resource recovery

facility agree in writing. Any adjacent municipality which has

negotiated a fee as of the effective date of this act may

require that the fee be continued.

Section 1304.  Records.

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Each operator that is required to pay the host municipality

benefit fee shall keep daily records of all deliveries of solid

waste to the landfill or facility, as required by the host

municipality, including, but not limited to, the name and

address of the hauler, the source of the waste, the kind of

waste received and the weight or volume of the waste. Such

records shall be maintained in Pennsylvania by the operator for

no less than five years and shall be made available to the host

municipality and adjacent municipalities for inspection upon

request.

Section 7 9.  This act shall take effect in 60 days 

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immediately.

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