THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, FONTANA AND RAFFERTY, APRIL 23, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 23, 2009  

AN ACT

Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An

act providing for the planning and regulation of solid waste

storage, collection, transportation, processing, treatment,

and disposal; requiring municipalities to submit plans for

municipal waste management systems in their jurisdictions;

authorizing grants to municipalities; providing regulation of

the management of municipal, residual and hazardous waste;

requiring permits for operating hazardous waste and solid

waste storage, processing, treatment, and disposal

facilities; and licenses for transportation of hazardous

waste; imposing duties on persons and municipalities;

granting powers to municipalities; authorizing the

Environmental Quality Board and the Department of

Environmental Resources to adopt rules, regulations,

standards and procedures; granting powers to and imposing

duties upon county health departments; providing remedies;

prescribing penalties; and establishing a fund," adding

definitions; and further providing for submission of plans

and permits, for permits and licenses required, for granting

of permits and licenses and for bonds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act, is amended by

adding definitions to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Affected municipality."  A municipality within one mile of a

proposed municipal waste landfill, that is on an approach route

to a municipal waste landfill regulated by this act or that is

otherwise adversely impacted by a facility.

* * *

"Host municipality."  The municipality other than the county

within which a municipal waste landfill is located or is

proposed to be located.

* * *

Section 2.  Sections 502 and 503 of the act are amended by

adding subsections to read:

Section 502.  Permit and license application requirements.

* * *

(d.1)  The application shall include all records, reports,

information and dispositions relating to violations of 75

Pa.C.S. Pt. IV (relating to vehicle characteristics). Such

information shall be considered by the department when

considering an application under this section.

* * *

Section 503.  Granting, denying, renewing, modifying, revoking

and suspending permits and licenses.

* * *

(b.1)  No permit shall be issued for the siting of a new

municipal waste landfill or the expansion of an existing

municipal waste landfill in a municipality where a referendum

has been conducted pursuant to section 504.1 and the electorate

has voted against the siting of a new municipal waste landfill

or the expansion of an existing municipal waste landfill.

* * *

(c.1)  In carrying out the provisions of this act, the

department may deny, suspend, modify or revoke any permit or

license if it finds that the applicant, permittee or licensee

has failed or continues to fail to comply with the provisions of

75 Pa.C.S. Pt. IV (relating to vehicle characteristics).

* * *

(f)  (1)  Any permit issued under this act for the operation

of a municipal waste landfill shall be issued for a fixed

term consistent with the approved operation and design plans

of a municipal waste landfill and may not exceed ten years.

No municipal waste may be disposed of or processed at such a

landfill after the expiration of the permit term. Expiration

of the permit term shall not limit the operator's

responsibility for complying with the provisions under this

act, the environmental protection acts, regulations

thereunder or the terms or conditions of the permit.

(2)  The department shall, from time to time, but at

intervals not to exceed two years, review a permit issued to

a municipal waste landfill under this act. In its review, the

department shall evaluate the permit to determine whether it

reflects currently applicable operating requirements as well

as current technology and management practices. The

department may require modification, suspension or revocation

of the permit when necessary to carry out the purposes of

this act or the environmental protection acts.

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

Section 504.1.  Referendum on siting of municipal waste

landfills or expansion of existing municipal waste

landfills.

(a)  Prior to the approval of an application for a permit to

operate a municipal waste landfill or a permit to expand an

existing municipal waste landfill's capacity by the governing

body or the department, the county board of elections shall

conduct a binding referendum in the host municipality and all

affected municipalities. The department shall not issue such a

permit if a majority of the municipalities participating in the

referendum reject the proposed siting or expansion by a majority

vote of the electors in each municipality.

(b)  The binding referendum shall be conducted at the first

primary, municipal or general election occurring at least 60

days after the department has notified the host county that it

has received an application for a permit to operate a municipal

waste landfill or to expand the capacity of an existing

facility.

(c)  The results of the binding referendum shall be

transmitted to the department, the governing body of the county,

the host municipality and all affected municipalities.

(d)  Procedures under this section shall be in accordance

with the act of June 3, 1937 (P.L.1333, No.320), known as the

"Pennsylvania Election Code."

Section 4.  Section 505(a), (b) and (e) of the act are

amended and the section is amended by adding a subsection to

read:

Section 505.  Bonds.

(a)  With the exception of municipalities operating landfills

solely for municipal waste not classified hazardous, prior to

the commencement of operations, the operator of a municipal or

residual waste processing or disposal facility or of a hazardous

waste storage, treatment or disposal facility for which a permit

is required by this section shall file with the department a

bond for the land affected by such facility on a form prescribed

and furnished by the department. Such bond shall be payable to

the Commonwealth and conditioned so that the operator shall

comply with the requirements of this act, the act of June 22,

1937 (P.L.1987, No.394), known as "The Clean Streams Law," the

act of May 31, 1945 (P.L.1198, No.418), known as the "Surface

Mining Conservation and Reclamation Act," 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." The

department may require additional bond amounts for the permitted

areas should such an increase be determined by the department to

be necessary to meet the requirements of this act. The amount of

the bond required shall be in an amount determined by the

secretary based upon the total estimated cost to the

Commonwealth of completing final closure according to the permit

granted to such facility and such measures as are necessary to

prevent adverse effects upon the environment; such measures

include but are not limited to satisfactory monitoring, post-

closure care, and remedial measures. The bond amount shall

reflect the additional cost to the Commonwealth which may be

entailed by being required to bring personnel and equipment to

the site. All permits shall be bonded for at least [$10,000]

$50,000. Liability under such bond shall be for the duration of

the operation, and for a period of up to [ten] 15 full years

after final closure of the permit site. Such bond shall be

executed by the operator and a corporate surety licensed to do

business in the Commonwealth and approved by the secretary:

Provided, however, That the operator may elect to deposit cash,

certificates of deposit, automatically renewable irrevocable

letters of credit which are terminable only upon 90 days written

notice to the operator and the department, or negotiable bonds

of the United States Government or the Commonwealth of

Pennsylvania, the Pennsylvania Turnpike Commission, the General

State Authority, the State Public School Building Authority, or

any municipality within the Commonwealth, with the department in

lieu of a corporate surety. The cash amount of such deposit,

irrevocable letters of credit or market value of such securities

shall be equal at least to the sum of the bond. The secretary

shall, upon receipt of any such deposit of cash or negotiable

bonds, immediately place the same with the State Treasurer,

whose duty it shall be to receive and hold the same in the name

of the Commonwealth, in trust, for the purposes for which such

deposit is made. The State Treasurer shall at all times be

responsible for the custody and safekeeping of such deposits.

The operator making the deposit shall be entitled from time to

time to demand and receive from the State Treasurer, on the

written order of the secretary, the whole or any portion of any

collateral so deposited, upon depositing with him, in lieu

thereof, other collateral of the classes herein specified having

a market value at least equal to the sum of the bond, also to

demand, receive and recover the interest and income from said

negotiable bonds as the same becomes due and payable: Provided,

however, That where negotiable bonds, deposited as aforesaid,

mature or are called, the State Treasurer, at the request of the

permittee, shall convert such negotiable bonds into such other

negotiable bonds of the classes herein specified as may be

designated by the permittee: And provided further, That where

notice of intent to terminate a letter of credit is given, the

department shall, after 30 days written notice to the operator

and in the absence of a replacement of such letter of credit

within such 30-day period by the operator with other acceptable

bond guarantees provided herein, draw upon and convert such

letter of credit into cash and hold it as a collateral bond

guarantee. In addition to criteria contained in department

regulations relating to the adjustment of bond or trust amounts

and bond forfeiture, the department may require an operator to

deposit additional bond or trust amounts based on the compliance

history of the facility.

(a.1)  The department may provide by regulation that the

amount of the bond required reflect the potential liabilities

and costs associated with the transportation of solid waste to a

facility.

(b)  In the case of applications for permits where the

department determines that the operations are reasonably

anticipated to continue for a period of at least ten years from

the date of application, the operator may elect to deposit

collateral and file a collateral bond as provided in subsection

(a) according to the following phase deposit schedule. The

operator shall, prior to commencing operations, deposit [$10,000

or 25%] $50,000 or 50% of the amount of the bond determined

under subsection (a), whichever is greater. The operator shall,

thereafter, annually deposit 10% of the remaining bond amount

for a period of ten years. Interest accumulated by such

collateral shall become a part of the bond. The department may

require additional bonding at any time to meet the intent of

subsection (a). The collateral shall be deposited in trust, with

the State Treasurer as provided in subsection (a) or with a

bank, selected by the department, which shall act as trustee for

the benefit of the Commonwealth, according to rules and

regulations promulgated hereunder, to guarantee the operator's

compliance with this act and the statutes enumerated in

subsection (a). The operator shall be required to pay all costs

of the trust. The collateral deposit, or part thereof, shall be

released of liability and returned to the operator, together

with a proportional share of accumulated interest, upon the

conditions of and pursuant to the schedule and criteria for

release provided in this act.

* * *

(e)  Prior to the issuance of any license for the

transportation of hazardous waste, the applicant for a license

shall file with the department a collateral bond on a form

prescribed and furnished by the department. Such bond shall be

payable to the Commonwealth and conditioned upon compliance by

the licensee with every requirement of this act, rule and

regulation of the department, order of the department and term

and condition of the license. The amount of the bond required

shall be in an amount determined by the secretary, but in an

amount no less than [$10,000] $50,000. The department may

require additional bond amounts if the department determines

such additional amounts are necessary to guarantee compliance

with this act. The licensee may elect to deposit cash or

automatically renewable irrevocable letters of credit which are

terminable only upon 90 days written notice to the operator and

the department, or negotiable bonds of the United States

Government or the Commonwealth of Pennsylvania, the Pennsylvania

Turnpike Commission, the General State Authority, the State

Public School Building Authority, or any municipality within the

Commonwealth. No corporate surety bond is authorized by this

subsection. The cash amount of such deposit, irrevocable letters

of credit, or market value of such securities shall be equal at

least to the sum of the bond. The secretary shall, upon receipt

of any such deposit of cash or negotiable bonds, immediately

place the same with the State Treasurer, whose duty it shall be

to receive and hold the same in the name of the Commonwealth, in

trust, for the purposes for which such deposit is made. The

State Treasurer shall at all times be responsible for the

custody and safekeeping of such deposits. The licensee making

the deposit shall be entitled from time to time to demand and

receive from the State Treasurer, on the written order of the

secretary, the whole or any portion of any collateral so

deposited, upon depositing with him, in lieu thereof, other

collateral of the classes herein specified having a market value

at least equal to the sum of the bond, also to demand, receive

and recover the interest and income from said negotiable bonds

as the same becomes due and payable: Provided, however, That

where negotiable bonds, deposited as aforesaid, mature or are

called, the State Treasurer, at the request of the licensee,

shall convert such negotiable bonds into such other negotiable

bonds of the classes herein specified as may be designated by

the licensee: And provided further, That where notice of intent

to terminate a letter of credit is given, the department shall,

after 30 days written notice to the licensee and in the absence

of a replacement of such letter of credit within such 30-day

period by the licensee with other acceptable bond guarantees

provided herein, draw upon and convert such letter of credit

into cash and hold it as a collateral bond guarantee. Liability

under such bond shall be for the duration of the license and for

a period of one year after the expiration of the license.

* * *

Section 5.  This act shall take effect in 60 days.