ENVIRONMENTAL RESOURCES (27 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Jun. 29, 2002, P.L. 596, No. 90              Cl. 27
                             Session of 2002
                               No. 2002-90

     HB 2044

                                  AN ACT

     Amending Title 27 (Environmental Resources) of the Pennsylvania
        Consolidated Statutes, consolidating the Environmental
        Laboratory Accreditation Act; providing for whistleblower
        protection; establishing a waste transportation safety
        program, the Waste Transportation Safety Account and a
        disposal fee for municipal waste landfills; providing for
        deposit of the disposal fee, for surcharge and for allocation
        from Environmental Stewardship Fund; imposing penalties; and
        making repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Part IV heading of Title 27 of the Pennsylvania
     Consolidated Statutes is amended and the part is amended by
     adding a chapter to read:
                                 PART IV
                         ENVIRONMENTAL PROTECTION
                               [(Reserved)]
                                CHAPTER 41
                  ENVIRONMENTAL LABORATORY ACCREDITATION
     Sec.
     4101.  Scope of chapter.
     4102.  Definitions.
     4103.  Establishment of program.
     4104.  Powers and duties.
     4105.  Powers and duties of Environmental Quality Board.
     4106.  Requirements of certificate of accreditation.
     4107.  Interim requirements.
     4108.  Advisory committee.
     4109.  Unlawful conduct.
     4110.  Penalties.
     4111.  Records.
     4112.  Whistleblower protection.
     4113.  Continuation of existing rules and regulations.
      § 4101.  Scope of chapter.
        This chapter deals with environmental laboratory
     accreditation.
      § 4102.  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:
        "Accreditation."  A determination by the Department of
     Environmental Protection that an environmental laboratory is
     capable of performing one or more classes of testing or analysis
     of environmental samples in accordance with this chapter.
        "Certificate of accreditation."  A document issued by the
     Department of Environmental Protection certifying that an
     environmental laboratory has met standards for accreditation.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Environmental Hearing Board."  The board established under
     the act of July 13, 1988 (P.L.530, No.94), known as the
     Environmental Hearing Board Act.
        "Environmental laboratory."  A facility engaged in the
     testing or analysis of environmental samples.
        "Environmental Quality Board."  The board established under
     section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929.
        "Environmental sample."  A solid, liquid, gas or other
     specimen taken for the purpose of testing or analysis as
     required by an environmental statute.
        "Environmental statute."  A statute administered by the
     Department of Environmental Protection relating to the
     protection of the environment or of public health, safety and
     welfare.
        "Laboratory supervisor."  A technical supervisor of an
     environmental laboratory who supervises laboratory procedures
     and reporting of analytical data.
        "NELAC."  The National Environmental Laboratory Accreditation
     Conference.
        "NELAP."  The National Environmental Laboratory Accreditation
     Program.
        "Secretary."  The Secretary of Environmental Protection of
     the Commonwealth.
      § 4103.  Establishment of program.
        (a)  Establishment.--The department shall establish an
     accreditation program for environmental laboratories.
        (b)  Accreditation.--An environmental laboratory must be
     accredited under this chapter and be in compliance with all the
     provisions of this chapter in order to generate data or perform
     analyses to be used to comply with an environmental statute.
        (c)  Testing and analysis.--All testing and analysis
     requirements of an environmental statute shall be performed by
     an environmental laboratory accredited under this chapter.
     Testing and analysis shall be performed in accordance with the
     requirements of this chapter, the environmental statutes and any
     conditions imposed by the department.
      § 4104.  Powers and duties.
        The department shall have the following powers and duties:
            (1)  Establish, administer and enforce an environmental
        laboratory accreditation program which shall include
        accreditation standards necessary for a State certification
        program. The program shall also include a NELAP accreditation
        program for those laboratories seeking this certification.
        The program may also include any other specific broad-based
        Federal or State accreditation program for certification.
            (2)  Issue, renew, deny, revoke, suspend or modify
        certificates of accreditation to environmental laboratories
        in accordance with regulations adopted by the Environmental
        Quality Board.
            (3)  Impose terms or conditions on accreditation as
        necessary to implement and enforce this chapter.
            (4)  Conduct inspections and tests or samplings,
        including the examination and copying of records and data
        pertinent to a matter under investigation. Duly authorized
        agents and employees of the department may at reasonable
        times enter and examine property, facilities, operations and
        activities subject to regulation under this chapter.
            (5)  Issue orders and initiate proceedings as necessary
        to implement and enforce this chapter.
            (6)  Require a fee for the processing of an application
        for a certificate of accreditation, including the issuance,
        renewal, modification or other action relating to the
        certificate, in an amount sufficient to pay the department's
        cost of implementing and administering the accreditation
        program.
            (7)  Provide technical assistance and advice to persons
        and environmental laboratories subject to this chapter.
            (8)  Contract with third parties to inspect and monitor
        environmental laboratories.
            (9)  Cooperate with appropriate Federal, State,
        interstate and local government units and private
        organizations to implement this chapter.
            (10)  Allow the use of experimental procedures on a case-
        by-case basis to satisfy the testing or analysis requirements
        established under an environmental statute.
            (11)  Seek approval as an accrediting authority from
        NELAP.
      § 4105.  Powers and duties of Environmental Quality Board.
        (a)  General rule.--The Environmental Quality Board shall
     adopt regulations as necessary to implement this chapter, to
     include the establishment of:
            (1)  Testing or analysis to be conducted by an
        environmental laboratory.
            (2)  Allowable fees for environmental laboratories.
            (3)  Requirements for education, training and experience
        of laboratory supervisors.
            (4)  Criteria and procedures to be used by the department
        to accredit environmental laboratories, which may include
        proficiency test samples and onsite audits.
        (b)  Accreditation.--An environmental laboratory shall be
     accredited pursuant to this chapter and in compliance with the
     provisions of this chapter in order to generate the data and
     perform analysis to be used to comply with an environmental
     statute.
        (c)  General certificate program.--The Environmental Quality
     Board may adopt regulations that establish a general certificate
     of accreditation program or certificates of accreditation by
     rule.
        (d)  Unique needs.--To the extent possible, the Environmental
     Quality Board shall establish requirements and procedures that
     address the unique needs of small businesses, municipalities,
     municipal authorities and in-house laboratories.
      § 4106.  Requirements of certificate of accreditation.
        (a)  Forms.--Applications, certificates and other documents
     shall be in a form prescribed by the department.
        (b)  General requirements.--An environmental laboratory shall
     have the staff, management structure, equipment, quality
     assurance and quality control procedures and recordkeeping
     procedures necessary to ensure that the environmental laboratory
     generates valid and accurate test results in accordance with all
     conditions of accreditation and this chapter.
        (c)  Laboratory supervisor.--Testing, analysis and reporting
     of data by an accredited laboratory shall be under the direct
     supervision of a laboratory supervisor. The laboratory
     supervisor shall certify that each test or analysis is accurate
     and valid and that the test or analysis was performed in
     accordance with all conditions of accreditation. The department
     may disqualify a laboratory supervisor who is responsible for
     the submission of inaccurate test or analysis results.
        (d)  Access to records and data.--An accredited laboratory
     shall provide the department with access to inspect records and
     data maintained under this chapter and to conduct tests and
     sampling related to inspections.
      § 4107.  Interim requirements.
        (a)  Registration.--All environmental laboratories shall
     register with the department by October 2, 2002, on a
     registration form prepared by the department. An environmental
     laboratory which begins testing or analysis of environmental
     samples after this date shall register with the department
     before beginning operations.
        (b)  Time for application.--All environmental laboratories
     shall apply for accreditation within six months after the
     Environmental Quality Board establishes an accreditation
     requirement by regulation for a type of laboratory. The
     submission of an application shall provide interim authorization
     to continue operations until the department takes final action
     on the application.
        (c)  NELAP accreditation.--An environmental laboratory may
     apply to the department for NELAP accreditation after the
     department is approved as an accrediting authority by NELAP. The
     department may grant NELAP accreditation to a laboratory that
     meets the requirements of this chapter and the most current
     version of the NELAC standards that are hereby incorporated by
     reference.
        (d)  Temporary fees.--Until regulations are promulgated under
     this chapter, the following fees shall be charged:
            (1)  Five thousand dollars for the processing of an
        application for NELAP accreditation.
            (2)  Fifty dollars for the processing of an application
        for registration.
      § 4108.  Advisory committee.
        The secretary shall appoint a Laboratory Accreditation
     Advisory Committee to provide technical assistance under this
     chapter. The committee shall consist of 11 members, including
     the following:
            (1)  One representative of a municipal authority.
            (2)  One representative from a commercial environmental
        laboratory.
            (3)  One representative from an industrial environmental
        laboratory.
            (4)  One representative from an academic laboratory.
            (5)  One representative from a small environmental
        laboratory.
            (6)  One environmental engineer.
            (7)  One member of an association of community water
        supply systems.
            (8)  One member of an association of wastewater systems.
            (9)  One member with technical expertise in the testing
        and analysis of environmental samples.
            (10)  Two members of the general public.
      § 4109.  Unlawful conduct.
        (a)  General rule.--It shall be unlawful for a person to
     violate or to cause or assist in the violation of this chapter,
     to fail to comply with an order or condition of accreditation
     within the time specified by the department or to hinder,
     obstruct, prevent or interfere with the department in the
     performance of its duties under this chapter.
        (b)  Refusal of accreditation.--The department may refuse to
     issue a certificate of accreditation to an environmental
     laboratory which has demonstrated a lack of intention or ability
     to comply with this chapter or engaged in unlawful conduct or
     which has an employee, officer, contractor, agent or other
     person set forth in regulation who has engaged in unlawful
     activity under this chapter unless the applicant demonstrates to
     the satisfaction of the department that the unlawful conduct is
     being or has been corrected.
        (c)  Denial of access.--It shall be unlawful for an
     accredited laboratory or other person subject to regulation
     under this chapter to deny the department access to make
     inspections and conduct tests or sampling, including the
     examination and copying of books, papers, records and data
     pertinent to any matter under investigation pursuant to this
     chapter. Failure to provide the department with access shall
     result in the immediate suspension of any accreditation of the
     laboratory. Upon notice from the department, the laboratory
     shall immediately cease testing or analysis of environmental
     samples. The department may revoke an accreditation for failure
     to provide the department with access to make inspections and
     conduct tests or sampling, including the examination and copying
     of books, papers, records and data pertinent to any matter under
     investigation pursuant to this chapter.
        (d)  Notice.--The environmental laboratory shall notify each
     of its customers in writing within 72 hours of receipt of the
     department's notice if the department suspends or revokes in
     whole or in part a certificate of accreditation. The notice
     shall be on a form and in a manner approved by the department.
      § 4110.  Penalties.
        (a)  Criminal penalties.--
            (1)  A person who knowingly, willfully or recklessly
        misrepresents that a test or an environmental sample is
        accurate or was performed in accordance with procedures
        authorized pursuant to this chapter commits a misdemeanor of
        the third degree and, upon conviction, shall be subject to a
        fine of not less than $1,250 nor more than $12,500 or to
        imprisonment for a period of not more than one year, or both,
        for each separate offense.
            (2)  A person who knowingly, willfully or recklessly
        performs or reports an inaccurate test or analysis of an
        environmental sample commits a misdemeanor of the third
        degree and shall, upon conviction, be subject to a fine of
        not less than $1,250 nor more than $12,500 or to imprisonment
        for a period of not more than one year, or both, for each
        separate offense.
            (3)  A person who knowingly, willfully or recklessly
        misrepresents that an environmental laboratory holds a
        certificate of accreditation under this chapter commits a
        misdemeanor of the third degree and shall, upon conviction,
        be subject to a fine of not less than $1,250 nor more than
        $12,500 or to imprisonment for a period of not more than one
        year, or both, for each separate offense.
        (b)  Administrative penalties.--
            (1)  In addition to any other remedy available at law or
        equity, the department may assess an administrative penalty
        for a violation of this chapter. The penalty may be assessed
        whether or not the violation was willful or negligent. When
        determining the amount of the penalty, the department shall
        consider the willfulness of the violation, the damage or
        injury or threat of damage or injury to public health or the
        environment, the costs to the department for investigation
        and enforcement, the economic benefit of the violation to the
        person and other related factors. The department shall inform
        the person of the amount of the penalty. The administrative
        penalty shall not exceed $5,000 per day per violation.
            (2)  Every day a violation continues shall be a separate
        violation.
            (3)  The amount of the penalty assessed after a hearing
        before the Environmental Hearing Board or after waiver of the
        right to appeal the assessment shall be payable to the
        Commonwealth and collectable in any manner provided at law
        for collection of debts. If any person liable to pay any such
        penalty neglects or refuses to pay the penalty after demand,
        the amount of the penalty, together with interest and cost
        that may accrue, shall constitute a judgment in favor of the
        department upon the property of such person from the date it
        has been entered and docketed of record by the prothonotary
        of the county in which the property is situated. The
        department may at any time transmit to the prothonotaries of
        any county in which the person holds property certified
        copies of all such judgments, and it shall be the duty of
        each prothonotary to enter and docket the judgment of record
        in his or her office and to index the judgment as judgments
        are indexed, without requiring the payment of costs by the
        department.
        (c)  Concurrent penalties.--Penalties and other remedies
     under this chapter shall be concurrent and shall not prevent the
     department from exercising any other available remedy at law or
     equity.
        (d)  Rebuttable presumption.--Failure of an environmental
     laboratory or laboratory supervisor to maintain adequate records
     or proficiency test samples as required creates a rebuttable
     presumption that the test or analysis was not conducted as
     required.
        (e)  Falsifying results.--It shall be unlawful to falsify the
     results of testing or analysis of environmental samples or to
     violate the provisions of 18 Pa.C.S. § 4903 (relating to false
     swearing) or 4904 (relating to unsworn falsification to
     authorities) in the context of the submission of the results of
     testing and analysis of environmental samples under an
     environmental statute.
      § 4111.  Records.
        Records required under this chapter shall be maintained for
     five years unless otherwise specified in regulation.
      § 4112.  Whistleblower protection.
        An employee of an environmental laboratory covered by this
     chapter shall be deemed to be an employee under the act of
     December 12, 1986 (P.L.1559, No.169), known as the Whistleblower
     Law, in regard to good faith reports of potential violations of
     this chapter. Environmental laboratories covered by this chapter
     shall be deemed to be an employer under the Whistleblower Law in
     regard to good faith reports of potential violations of this
     chapter.
      § 4113.  Continuation of existing rules and regulations.
        All existing rules and regulations promulgated pursuant to
     any environmental statute remain in full force and effect until
     superseded and repealed by the rules and regulations promulgated
     pursuant to this chapter.
        Section 2.  Title 27 is amended by adding chapters to read:
                                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.
      § 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.
      § 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.
      § 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.
      § 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).
                                CHAPTER 63
                               DISPOSAL FEE
     Sec.
     6301.  Disposal fee for municipal waste landfills.
     6302.  Deposit of disposal fee.
     6303.  Surcharge.
     6304.  Sunset.
     6305.  Allocation for Environmental Stewardship Fund.
     6306.  Adjustments.
      § 6301.  Disposal fee for municipal waste landfills.
        (a)  Imposition.--Except as otherwise provided in subsection
     (b), each operator of a municipal waste landfill shall pay, in
     the same manner prescribed in Chapter 7 of the act of July 27,
     1988 (P.L.566, No.101), known as the Municipal Waste Planning,
     Recycling and Waste Reduction Act, a disposal fee of $4 per ton
     for all solid waste disposed of at the municipal waste landfill.
     The fee established in this section shall apply to process
     residue and nonprocessible waste from a resource recovery
     facility that is disposed of at the municipal waste landfill and
     is in addition to the fee established in section 701 of the
     Municipal Waste Planning, Recycling and Waste Reduction Act.
        (b)  Exceptions.--The fee established under this section
     shall not apply to the following:
            (1)  Process residue and nonprocessible waste that is
        permitted for beneficial use or for use as alternate daily
        cover at a municipal waste landfill.
            (2)  Solid waste from a hazardous waste treatment
        facility that is converted into nonhazardous waste and
        disposed of at a municipal waste landfill.
      § 6302.  Deposit of disposal fee.
            (1)  For the fiscal year 2002-2003, fees received by the
        department pursuant to section 6301 (relating to disposal fee
        for municipal waste landfills) shall be paid into the State
        Treasury as follows:
                (i)  The first $50,000,000 in fees collected shall be
            deposited into the Environmental Stewardship Fund
            established in Chapter 61 (relating to environmental
            stewardship and watershed protection).
                (ii)  Any fees collected thereafter shall be
            deposited in the General Fund.
            (2)  For the fiscal year 2003-2004 and beyond, all fees
        collected shall be deposited into the Environmental
        Stewardship Fund established in Chapter 61.
      § 6303. Surcharge.
        (a)  Owners and operators.--The owner or operator of a
     municipal waste landfill which collects and remits the fee
     established pursuant to section 6301 (relating to disposal fee
     for municipal waste landfills) may pass through and collect the
     fee from any person who delivered the waste to the municipal
     waste landfill as a surcharge in accordance with section 705 of
     the Municipal Waste Planning, Recycling and Waste Reduction Act
     on any fee schedule established pursuant to law, ordinance,
     resolution or contract for solid waste disposal operations at
     the municipal waste landfill.
        (b)  Transporters and transfer stations.--The transporter or
     transfer station that is charged a fee or surcharge pursuant to
     section 6302 (relating to deposit of disposal fee) or subsection
     (a) may pass through and obtain the fee from the generator of
     such waste as a surcharge in accordance with section 705 of the
     Municipal Waste Planning, Recycling and Waste Reduction Act on
     any fee schedule established pursuant to law, ordinance,
     resolution or contract for solid waste collection, transfer,
     transport and delivery.
      § 6304.  Sunset.
        No fee or surcharge shall be imposed under this chapter on
     and after July 1, 2012.
      § 6305.  Allocation for Environmental Stewardship Fund.
        For fiscal years 2002-2003 through 2006-2007, the department
     shall utilize 10% of the money allocated annually to it under
     section 6104(d) (relating to fund) to provide grants for safe
     drinking water projects and wastewater treatment projects.
     Grants under this section shall be made for the same purposes
     and shall be subject to the same limitations as grants
     authorized in section 6110 (relating to environmental
     infrastructure grants to water and wastewater treatment
     facilities).
      § 6306.  Adjustments.
        When the Governor's proposed budget for the upcoming fiscal
     year, as submitted pursuant to section 12 of Article VIII of the
     Constitution of Pennsylvania, contains a revision to the revenue
     estimate for the current year of at least 3% less than the
     official revenue estimate for the current year, the funds
     deposited pursuant to section 6302(2) (relating to deposit of
     disposal fee) may be adjusted by transferring or redirecting up
     to 25% of these deposits to the General Fund.
        Section 3.  The act of April 2, 2002 (P.L.225, No.25), known
     as the Environmental Laboratory Accreditation Act, is repealed.
        Section 4.  The addition of 27 Pa.C.S. Ch. 41 is a
     continuation of the act of April 2, 2002 (P.L.225, No.25), known
     as the Environmental Laboratory Accreditation Act. The following
     apply:
            (1)  All actions taken under the Environmental Laboratory
        Accreditation Act are valid under 27 Pa.C.S. Ch. 41.
            (2)  Orders and determinations which were made under the
        Environmental Laboratory Accreditation Act and which are in
        effect on the effective date of section 2 of this act shall
        remain valid until vacated or modified under 27 Pa.C.S. Ch.
        41.
            (3)  Regulations which were promulgated under the
        Environmental Laboratory Accreditation Act and which are in
        effect on the effective date of section 2 of this act shall
        remain valid until amended under 27 Pa.C.S. Ch. 41.
            (4)  Any difference in language between 27 Pa.C.S. Ch. 41
        and the Environmental Laboratory Accreditation Act is
        intended only to conform to the style of the Pennsylvania
        Consolidated Statutes and is not intended to change or affect
        the legislative intent, judicial construction or
        administration and implementation of the Environmental
        Laboratory Accreditation Act.
        Section 5.  This act shall take effect as follows:
            (1)  The addition of 27 Pa.C.S. §§ 6204(a) and 6206(a)
        shall take effect in 180 days.
            (2)  The addition of 27 Pa.C.S. Ch. 63 shall take effect
        in 10 days.
            (3)  This section shall take effect immediately.
            (4)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 29th day of June, A. D. 2002.

     MARK S. SCHWEIKER