CHAPTER 62
WASTE TRANSPORTATION SAFETY
Sec.
6201. Short title of chapter.
6202. Definitions.
6203. Establishment of program.
6204. Waste Transportation Safety Program.
6205. Compliance history review.
6206. Responsibilities of municipal or residual waste processing or disposal facilities.
6207. Enforcement.
6208. Penalties.
6209. Construction of chapter.
Enactment. Chapter 62 was added June 29, 2002, P.L.596, No.90, effective in 60 days, unless otherwise noted.
§ 6201. Short title of chapter.
This chapter shall be known and may be cited as the Waste Transportation Safety Act.
§ 6202. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Combination." Two or more vehicles physically interconnected in tandem.
"Department." The Department of Environmental Protection of the Commonwealth and its authorized representatives.
"Law enforcement officer." A Pennsylvania State Police officer or a police officer certified pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).
"Motor carrier vehicle." As defined in 75 Pa.C.S. § 102 (relating to definitions). For purposes of this chapter, the terms "truck," "truck tractor" and "combination" refer to vehicles used to transport municipal or residual waste.
"Municipal Waste Planning, Recycling and Waste Reduction Act." The act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act,
"Owner." A person other than a lienholder having the property right in or title to a vehicle.
"Qualified Commonwealth employee." Any of the following who have completed training in the inspection or weighing of vehicles as required by 75 Pa.C.S. Chs. 47 (relating to inspection of vehicles) and 49 (relating to size, weight and load):
(1) A law enforcement officer.
(2) A qualified Department of Transportation employee.
"Secretary." The Secretary of Environmental Protection of the Commonwealth.
"Solid Waste Management Act." The act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
"Transportation." The offsite removal of municipal and residual waste any time after generation.
"Transporter." The owner of a public or private waste transportation vehicle. An individual driving a waste transportation vehicle who is not the owner is not a "transporter" for purposes of this chapter.
"Waste trailer." A vehicle having a registered weight in excess of 10,000 pounds used to carry waste and designed to be towed by a motor vehicle.
"Waste transportation vehicle." Public and private motor carrier vehicles and waste trailers, as defined in this chapter, regularly used in transporting municipal or residual waste to a processing or disposal facility in this Commonwealth. The term does not include vehicles currently registered by the department pursuant to 25 Pa. Code § 285.225 (relating to transportation of residential septage).
§ 6203. Establishment of program.
(a) Establishment.--A Waste Transportation Safety Program is established to protect the public health, safety and welfare and the environment.
(b) Duties.--The Waste Transportation Safety Program shall:
(1) Ensure the responsible and safe transportation of municipal or residual waste to processing and disposal facilities by requiring written authorization from the department.
(2) Prohibit a waste processing or disposal facility from accepting municipal or residual waste from a waste transportation vehicle engaged in commerce without a valid authorization sticker issued by the department.
(3) Provide the department with the authority to deny or revoke written authorization where the agency finds that the transporter has failed or continues to fail to comply with applicable laws and regulations.
(4) Establish a transportation authorization fee for the administration and enforcement of this chapter.
(c) Relationship to other laws.--Notwithstanding anything to the contrary in this chapter, the Solid Waste Management Act or the Municipal Waste Planning, Recycling and Waste Reduction Act, no county and no municipality may implement a municipal waste or residual waste transportation authorization or licensing program after the effective date of this chapter.
§ 6204. Waste Transportation Safety Program.
(a) Written authorization required.--It shall be unlawful for a transporter to operate a waste transportation vehicle without obtaining written authorization from the department.
(b) Interim written application.--
(1) Within 120 days of the effective date of this chapter, a transporter currently doing business in the Commonwealth shall submit an application for interim written authorization on a form prescribed by the department. This form shall be accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration provided for in 75 Pa.C.S. § 6144 (relating to vehicle registration and licensing), evidence of the current official certificate of inspection and a current certificate of insurance.
(2) A transporter seeking to do business in this Commonwealth after the effective date of this chapter shall submit an application for interim written authorization on a form prescribed by the department. This form shall be accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration provided for in 75 Pa.C.S. § 6144, evidence of the current official certificate of inspection and a current certificate of insurance.
(c) Interim written authorization.--Within 60 days of receipt of the fee and documentation required under subsection (b), the department shall issue and provide the transporter with an interim written authorization and authorization stickers for each truck, truck tractor and waste trailer. The authorization stickers shall indicate the transporter's interim written authorization number. An authorization sticker shall be displayed prominently on the left front side of the truck or truck tractor, and an authorization sticker shall be displayed prominently on the back of the truck or waste trailer. Each waste transportation vehicle shall carry a copy of the interim written authorization issued to the transporter by the department and, upon request, present the interim written authorization to the department or a qualified Commonwealth employee.
(d) Term of interim written authorization.--The interim written authorization shall be valid until the transporter receives final authorization unless suspended or revoked by the department.
(e) Compliance history.--Upon notification from the department, the transporter shall submit on a form provided by the department documentation of compliance history in conformity with section 6205 (relating to compliance history review).
(f) Final written authorization.--Upon evaluation of the transporter's compliance history under section 6205, the department shall make a determination on the issuance of a final written authorization. The final written authorization shall include the transporter's written authorization number, the expiration date and authorization stickers for each truck, truck tractor and waste trailer.
(g) Term of final written authorization.--The final written authorization shall be valid for one year unless suspended or revoked by the department. The terms and conditions of an expired written authorization shall automatically continue when the following conditions are met:
(1) The transporter has submitted a timely renewal application in accordance with subsection (h).
(2) The department is unable, through no fault of the transporter, to issue or deny a written authorization prior to the expiration date of the previous written authorization.
(h) Final written authorization application renewal.--Ninety days prior to expiration of final written authorization, a transporter shall submit an application for renewal of its final written authorization on a form prescribed by the department, accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and a $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration, the current official certificate of inspection and a current certificate of insurance pursuant to 75 Pa.C.S. (relating to vehicles) for each truck, truck tractor and waste trailer. After publishing a notice in the Pennsylvania Bulletin, no later than July 1 and effective no earlier than January 1 of the following year, the department shall evaluate and may modify the written authorization annual fee in an amount sufficient to cover the actual costs of the department, Pennsylvania State Police and the Department of Transportation in implementing and enforcing this chapter. The annual fee paid to the department by a transporter shall not exceed $200 per truck or, in the case of a combination, $100 per truck tractor and $100 per waste trailer.
(i) Transfer of written authorization.--Written authorization for a waste transportation vehicle may be transferred to another owner in accordance with the procedures in this section.
(j) Procedure for transfer.--In order to use the waste transportation vehicle to transport municipal or residual waste to a processing or disposal facility in this Commonwealth, the new owner shall be deemed to have interim written authorization upon the submission and receipt by the department of a complete application fee as set forth in subsection (b). The interim written authorization shall remain in effect until the department issues or denies final written authorization based upon a review of the new owner's compliance history information as required by this section.
(k) Powers and duties of Environmental Quality Board.--The Environmental Quality Board shall have the power and duty to adopt regulations to accomplish the purposes and to carry out the provisions of this chapter.
(l) Restricted account.--All fees, fines and penalties collected under the provisions of this chapter shall be paid into the State Treasury in a separate restricted account known as the Waste Transportation Safety Account, which is hereby established. The Waste Transportation Safety Account shall be administered by the department for the administration and enforcement of the Waste Transportation Safety Program, including the inspection of waste transportation vehicles and reimbursing the Pennsylvania State Police and the Department of Transportation for their costs in administering and enforcing this chapter.
Effective Date. Section 5(1) of Act 90 of 2002 provided that subsec. (a) shall take effect in 180 days.
§ 6205. Compliance history review.
(a) Transporter noncompliance.--In carrying out the provisions of this chapter, the department may deny, suspend, modify or revoke any written authorization if it finds or receives findings from the Pennsylvania State Police or the Department of Transportation that:
(1) The transporter has failed or continues to fail to comply with any provision of:
(i) this chapter;
(ii) the Solid Waste Management Act;
(iii) the Municipal Waste Planning, Recycling and Waste Reduction Act;
(iv) any other Federal or State statute relating to environmental protection, motor vehicle safety or to the protection of the public health, safety and welfare;
(v) any rule or regulation of the department;
(vi) any order of the department; or
(vii) any condition of any permit, license or other written authorization issued by the department.
(2) The transporter has shown a lack of ability or intention to comply with:
(i) any provision of this chapter;
(ii) any of the acts referred to in this subsection;
(iii) any rule or regulation of the department or order of the department; or
(iv) any condition of any permit or license issued by the department as indicated by past or continuing violations.
(b) Related corporations.--In the case of a corporate transporter, the department may deny, suspend, modify or revoke a written authorization if the department finds that a corporation is related to another past or present corporation which committed violations of the Solid Waste Management Act and this chapter. A corporation is related to another corporation if they have common principals or have parent or subsidiary corporation relationships.
Cross References. Section 6205 is referred to in section 6204 of this title.
§ 6206. Responsibilities of municipal or residual waste processing or disposal facilities.
(a) General rule.--No municipal or residual waste processing or disposal facility shall accept municipal or residual waste from a waste transportation vehicle without a current authorization sticker issued by the department. Failure to comply with this provision shall result in a penalty assessment of $2,000 against the operator of the processing or disposal facility.
(b) Disposition.--All penalty assessments collected under this section shall be paid into the Waste Transportation Safety Account.
Effective Date. Section 5(1) of Act 90 of 2002 provided that subsec. (a) shall take effect in 180 days.
§ 6207. Enforcement.
(a) Authority of qualified Commonwealth employees.--A qualified Commonwealth employee shall be authorized to assist the department in enforcing provisions of this chapter. The authority granted under this section shall be exercised only when the employee is in uniform and is conducting an inspection of a vehicle as described in 75 Pa.C.S. Chs. 47 (relating to inspection of vehicles) and 49 (relating to size, weight and load).
(b) Training of qualified Commonwealth employees.--The Department of Transportation may train and qualify Commonwealth employees to inspect waste transportation vehicles as authorized under this section and as provided for in 75 Pa.C.S. Chs. 47 and 49. The Department of Transportation shall have the power to adopt regulations to implement this subsection, as necessary.
(c) Disposition.--All fines and penalties collected as a result of violations of this chapter shall be paid into the Waste Transportation Safety Account.
§ 6208. Penalties.
(a) Criminal penalties.--A transporter who violates the provisions of this chapter commits a misdemeanor of the third degree and, upon conviction for the first offense, shall pay a penalty of not less than $5,000 nor more than $10,000. Upon the second or subsequent conviction of an offense under this chapter, a transporter commits a misdemeanor of the second degree and shall pay a penalty of not less than $10,000 nor more than $25,000, and the court may order the operating privilege of the transporter to be suspended for a period of up to one year, or both.
(b) Civil penalties.--
(1) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, the regulations promulgated hereunder, any order of the department issued under this chapter or any term or condition of a written authorization, the department may assess a civil penalty upon a transporter. Such penalty may be assessed whether or not the violation was willful or negligent. In determining the amount of the penalty, the department shall consider the willfulness of the violation, the effect on waste transportation safety, damage to the natural resources of this Commonwealth or their uses, cost of restoration and abatement, savings resulting to the violator in consequence of such violation, deterrence of future violations and other relevant factors. If the violation leads to the issuance of a cessation order, a civil penalty shall be assessed.
(2) When the department assesses a civil penalty, it shall inform the transporter of the amount of the penalty. The transporter shall then have 30 days to pay the penalty in full or, if the transporter wishes to contest either the amount of the penalty or the fact of the violation, the transporter shall forward the proposed amount of the penalty to the department for placement in an escrow account with the State Treasurer or with a bank in this Commonwealth or post an appeal bond in the amount of the penalty. The bond must be executed by a surety licensed to do business in this Commonwealth and must be satisfactory to the department. If, through administrative or judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the department shall, within 30 days, remit the appropriate amount to the transporter with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond to the department within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
(3) The maximum civil penalty which may be assessed pursuant to this chapter is $10,000 per violation. Each violation for each separate day and each violation of any provision of the chapter, any regulation promulgated hereunder, any order issued under this chapter or the terms or conditions of any written authorization shall constitute a separate offense under this chapter.
(4) Notwithstanding any other provisions of law to the contrary, there shall be a statute of limitations of five years upon actions brought by the Commonwealth under this chapter.
(c) Enforcement orders.--
(1) The department may issue orders to such transporters, counties and municipalities as it deems necessary to aid in the enforcement of this chapter. Such orders may include, but shall not be limited to, orders modifying, suspending or revoking written authorizations and orders requiring transporters, counties and municipalities to cease unlawful activities or operations of a waste transportation vehicle which in the course of operation is in violation of this chapter, any rule or regulation of the department or any terms and conditions of a written authorization issued under this chapter. An order issued under this chapter shall take effect upon notice unless the order specifies otherwise. An appeal to the Environmental Hearing Board shall not act as a supersedeas. The power of the department to issue an order under this chapter is in addition to any other remedy which may be afforded to the department pursuant to this chapter or any other act.
(2) It shall be the duty of any transporter to proceed diligently to comply with any order issued pursuant to this section. If such transporter fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, such transporter commits contempt and shall be punished by the court in an appropriate manner, and for this purpose application may be made to the Commonwealth Court, which is hereby granted jurisdiction.
(d) Injunctions.--
(1) In addition to any other remedies provided in this chapter, the department may institute a suit in equity in the name of the Commonwealth where unlawful conduct exists for an injunction to restrain a violation of this chapter, the regulations promulgated under this chapter, any order issued pursuant hereto or the terms or conditions of any written authorization. In any such proceeding, the court shall, upon the motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this chapter or is engaged in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court in such equity proceedings may levy civil penalties as specified in this chapter.
(2) In addition to any other remedies provided for in this chapter, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain any and all violations of this chapter or the regulations promulgated under this chapter.
(3) Actions instituted under this section may be filed in the appropriate court of common pleas or in the Commonwealth Court, which courts are hereby granted jurisdiction to hear such actions.
(e) Concurrent remedies.--The penalties and remedies provided in this chapter shall be deemed concurrent and cumulative with all other existing provisions of law or equity. The existence or exercise of any remedy shall not prevent the department from exercising any other remedy under this chapter at any law or in equity.
(f) Forfeiture of waste transportation vehicle.--
(1) A waste transportation vehicle shall be deemed contraband and forfeited to the department if it is transporting municipal or residual waste to a processing or disposal facility in this Commonwealth without a written authorization if the transporter applied for and was denied the written authorization for that vehicle. The waste transportation vehicle forfeiture provisions established in this subsection shall also apply to a waste transportation vehicle used by a transporter who, after receiving notice from the department to obtain written authorization, fails to obtain written authorization under the requirements of the Waste Transportation Safety Program. The provisions of law relating to seizure, summary and judicial forfeiture and condemnation of intoxicating liquor shall apply to seizures and forfeitures under this chapter. Proceeds from the sale of forfeited waste transportation vehicles shall be deposited in the Waste Transportation Safety Account.
(2) The owner of any vehicle or conveyance forfeited under this chapter shall be responsible for any costs incurred in properly disposing of waste in the vehicle or conveyance.
(g) Disposition.--All fines and penalties collected under this section shall be paid into the Waste Transportation Safety Account.
§ 6209. Construction of chapter.
(a) Liberal construction.--This chapter shall be liberally construed so as best to effectuate the goals and purposes of this chapter.
(b) Pari materia.--This chapter shall be construed in pari materia with the Solid Waste Management Act and 75 Pa.C.S. (relating to vehicles).