PRINTER'S NO. 2263

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1840 Session of 1979


        INTRODUCED BY BITTLE, FEE, BELARDI, SERAFINI, GEIST, LETTERMAN,
           J. L. WRIGHT, JR., STEIGHNER, GLADECK, MACKOWSKI, PICCOLA,
           MANMILLER, SALVATORE, LEVI, GALLEN, NOYE, CESSAR, SPENCER,
           VROON, DIETZ, SIEMINSKI, ARTY, GOEBEL AND GEESEY,
           OCTOBER 15, 1979

        REFERRED TO COMMITTEE ON CONSERVATION, OCTOBER 15, 1979

                                     AN ACT

     1  Providing for the planning and regulation of solid waste
     2     storage, collection, transportation, processing, treatment,
     3     and disposal; requiring municipalities to submit plans for
     4     municipal waste management systems in their jurisdictions;
     5     authorizing grants to municipalities; providing regulation of
     6     the management of municipal, residual and hazardous waste;
     7     requiring permits for operating hazardous waste and solid
     8     waste storage, processing, treatment, and disposal
     9     facilities; and licenses for transportation of hazardous
    10     waste; imposing duties on persons and municipalities;
    11     granting powers to municipalities; authorizing the
    12     Environmental Quality Board and the Department of
    13     Environmental Resources to adopt rules, regulations,
    14     standards and procedures; providing remedies; prescribing
    15     penalties; and establishing a fund.

    16                         TABLE OF CONTENTS
    17  Article I.  General Provisions
    18     Section 101.  Short title.
    19     Section 102.  Legislative finding; declaration of policy.
    20     Section 103.  Definitions.
    21     Section 104.  Powers and duties of the department.
    22     Section 105.  Powers and duties of the Environmental Quality
    23                   Board.

     1  Article II.  Municipal Waste
     2     Section 201.  Submission of plans; permits.
     3     Section 202.  Powers and duties of municipalities.
     4     Section 203.  Grants authorized.
     5  Article III.  Residual Waste
     6     Section 301.  Management of residual waste.
     7     Section 302.  Disposal, processing and storage of residual
     8                   waste.
     9     Section 303.  Transportation of residual waste.
    10  Article IV.  Hazardous Waste
    11     Section 401.  Management of hazardous waste.
    12     Section 402.  Listing of hazardous waste.
    13     Section 403.  Generation, transportation, storage,
    14                   treatment and disposal of hazardous waste.
    15     Section 404.  Transition scheme.
    16     Section 405.  Conveyance of disposal site property.
    17  Article V.  Applications and Permits
    18     Section 501.  Permits and licenses required; transition
    19                   scheme; reporting requirements.
    20     Section 502.  Permit and license application requirements.
    21     Section 503.  Granting, denying, renewing, modifying,
    22                   revoking and suspending permits and licenses.
    23     Section 504.  Bonds.
    24     Section 505.  Financial responsibility.
    25  Article VI.  Enforcement and Remedies
    26     Section 601.  Public nuisances.
    27     Section 602.  Enforcement orders.
    28     Section 603.  Duty to comply with orders of the department.
    29     Section 604.  Restraining violations.
    30     Section 605.  Civil penalties.
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     1     Section 606.  Criminal penalties.
     2     Section 607.  Existing rights and remedies preserved;
     3                   cumulative remedies authorized.
     4     Section 608.  Production of materials; recordkeeping
     5                   requirements; rights of entry.
     6     Section 609.  Search warrants.
     7     Section 610.  Unlawful conduct.
     8     Section 611.  Presumption of law for civil and administrative
     9                   proceedings.
    10     Section 612.  Collection of fines and penalties.
    11     Section 613.  Recovery of costs of abatement.
    12     Section 614.  Forfeiture of contraband.
    13  Article VII.  Solid Waste Abatement Fund
    14     Section 701.  Solid Waste Abatement Fund.
    15  Article VIII.  Liberal Construction
    16     Section 801.  Construction of act.
    17  Article IX.  Repealer; Effective Date
    18     Section 901.  Repeal.
    19     Section 902.  Effective date.
    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22                             ARTICLE I
    23                         GENERAL PROVISIONS
    24  Section 101.  Short title.
    25     This act shall be known and may be cited as the "Solid Waste
    26  Management Act."
    27  Section 102.  Legislative finding; declaration of policy.
    28     The Legislature hereby determines, declares and finds that,
    29  since improper and inadequate solid waste practices create
    30  public health hazards, environmental pollution, and economic
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     1  loss, and cause irreparable harm to the public health, safety
     2  and welfare, it is the purpose of this act to:
     3         (1)  establish and maintain a cooperative State and local
     4     program of planning and technical and financial assistance
     5     for comprehensive solid waste management;
     6         (2)  encourage the development of resource recovery as a
     7     means of managing solid waste, conserving resources, and
     8     supplying energy;
     9         (3)  require permits for the operation of municipal and
    10     residual waste processing and disposal systems, licenses for
    11     the transportation of hazardous waste and permits for
    12     hazardous waste storage, treatment, and disposal;
    13         (4)  protect the public health, safety and welfare from
    14     the short and long term dangers of transportation,
    15     processing, treatment, storage, and disposal of all wastes;
    16     and
    17         (5)  provide a flexible and effective means to implement
    18     and enforce the provisions of this act.
    19  Section 103.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have, unless the context clearly indicates otherwise, the
    22  meanings given to them in this section:
    23     "Agricultural waste."  Poultry and livestock manure, or
    24  residual materials in liquid or solid form generated in the
    25  production and marketing of poultry, livestock, fur bearing
    26  animals, and their products, provided that such agricultural
    27  waste is not hazardous. The term includes the residual materials
    28  generated in producing, harvesting, and marketing of all
    29  agronomic, horticultural, and silvicultural crops or commodities
    30  grown on what are usually recognized and accepted as farms,
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     1  forests, or other agricultural lands.
     2     "Commercial establishment."  Any establishment engaged in
     3  nonmanufacturing or processing business, including, but not
     4  limited to, stores, markets, office buildings, restaurants,
     5  shopping centers and theaters.
     6     "Commonwealth."  The Commonwealth of Pennsylvania.
     7     "Department."  The Department of Environmental Resources of
     8  the Commonwealth of Pennsylvania and its authorized
     9  representatives.
    10     "Disposal."  The incineration, deposition, injection,
    11  dumping, spilling, leaking, or placing of solid waste into or on
    12  the land or water in a manner that the solid waste or a
    13  constituent of the solid waste enters the environment, is
    14  emitted into the air or is discharged to the waters of the
    15  Commonwealth.
    16     "Food processing waste."  Residual materials in liquid or
    17  solid form generated in the slaughtering of poultry and
    18  livestock, or in processing and converting fish, seafood, milk,
    19  meat, and eggs to food products; it also means residual
    20  materials generated in the processing, converting, or
    21  manufacturing of fruits, vegetables, crops and other commodities
    22  into marketable food items.
    23     "Food processing wastes used for agricultural purposes."  The
    24  use of food processing wastes in normal farming operations as
    25  defined in this section.
    26     "Hazardous waste."  Any garbage, refuse, sludge from sewage,
    27  industrial or other waste water treatment plant, water supply
    28  treatment plant, or air pollution control facility and other
    29  material including solid, liquid, semisolid or contained gaseous
    30  material resulting from municipal, commercial, industrial,
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     1  institutional, mining, or agricultural operations, and from
     2  community activities, or any combination of the above, which
     3  because of its quantity, concentration, or physical, chemical,
     4  or infectious characteristics may:
     5         (1)  contribute to an increase in mortality or an
     6         increase in morbidity in either an individual or the
     7         total population; or
     8         (2)  pose a present or potential hazard to human health
     9     or the environment when treated, stored, transported,
    10     disposed of or otherwise managed.
    11     "Industrial establishment."  Any establishment engaged in
    12  manufacturing or processing, including, but not limited to
    13  factories, foundries, mills, processing plants, refineries,
    14  mines and slaughterhouses.
    15     "Institutional establishment."  Any establishment engaged in
    16  service, including, but not limited to, hospitals, nursing
    17  homes, orphanages, schools and universities.
    18     "Management."  The entire process, or any part thereof, of
    19  storage, collection, transportation, processing, treatment, and
    20  disposal of solid wastes by any person engaging in such process.
    21     "Manifest system."  A written record identifying the
    22  quantity, composition, origin, routing, and destination of
    23  hazardous waste from the point of generation to the point of
    24  disposal, treatment or storage.
    25     "Mine."  Any deep or surface mine, whether active, inactive
    26  or abandoned.
    27     "Mining."  The process of the extraction of minerals from the
    28  earth or from waste or stockpiles or from pits or banks.
    29     "Municipality."  A city, borough, incorporated town, township
    30  or county or any authority created by any of the foregoing.
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     1     "Municipal waste."  Any garbage, refuse and other material
     2  including solid, liquid, semisolid or contained gaseous material
     3  resulting from operation of residential, municipal, commercial
     4  or institutional establishments and from community activities
     5  and any sludge not meeting the definition of residual or
     6  hazardous waste hereunder from a municipal, commercial or
     7  institutional water supply treatment plant, waste water
     8  treatment plant, or air pollution control facility.
     9     "Normal farming operations."  The customary and generally
    10  accepted activities, practices and procedures that farms adopt,
    11  use, or engage in year after year in the production and
    12  preparation for market of poultry, livestock, and their
    13  products; and in the production, harvesting and preparation for
    14  market of agricultural, agronomic, horticultural silvicultural
    15  and aquicultural crops and commodities; provided that such
    16  operations are conducted in compliance with applicable laws, and
    17  provided that the use or disposal of these materials will not
    18  pollute the air, water, or other natural resources of the
    19  Commonwealth, nor adversely affect the public health, welfare or
    20  safety. It includes the storage and utilization of agricultural
    21  and food process wastes for animal feed, and includes the
    22  agricultural utilization of septic tank cleanings and sewage
    23  sludges which are generated off-site. It includes the
    24  management, collection, storage, transportation, use or disposal
    25  of manure, other agricultural waste and food processing waste on
    26  land where such materials will improve the condition of the
    27  soil, the growth of crops, or in the restoration of the land for
    28  the same purposes.
    29     "Person."  Any individual, partnership, corporation,
    30  association, institution, cooperative enterprise, municipal
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     1  authority, Federal government or agency, State institution and
     2  agency (including, but not limited to, the Department of General
     3  Services and the State Public School Buildings Authority),
     4  including municipalities as defined hereunder or any other legal
     5  entity whatsoever which is recognized by law as the subject of
     6  rights and duties. In any provisions of this act prescribing a
     7  fine, imprisonment or penalty, or any combination of the
     8  foregoing, the term "person" shall include the officers and
     9  directors of any corporation or other legal entity having
    10  officers and directors.
    11     "Pollution."  Contamination of any air, water, land or other
    12  natural resources of the Commonwealth such as will create or is
    13  likely to create a nuisance or to render such air, water, land
    14  or other natural resources harmful, detrimental or injurious to
    15  public health, safety or welfare, or to domestic, municipal,
    16  commercial, industrial, agricultural, recreational or other
    17  legitimate beneficial uses, or to livestock, wild animals,
    18  birds, fish or other life.
    19     "Processing."  Any technology used for the purpose of
    20  reducing the volume or bulk of municipal or residual waste or
    21  any technology used to convert part or all of such waste
    22  materials for reuse. Processing facilities include but are not
    23  limited to transfer facilities, composting facilities, and
    24  resource recovery facilities.
    25     "Residual waste."  Any garbage, refuse or other waste
    26  including solid, liquid, semisolid, or contained gaseous
    27  materials resulting from industrial, mining and agricultural
    28  operations and any sludge from an industrial, mining or
    29  agricultural water supply treatment facility, waste water
    30  treatment facility or air pollution control facility, provided
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     1  that it is not hazardous.
     2     "Secretary."  The Secretary of the Department of
     3  Environmental Resources of the Commonwealth of Pennsylvania.
     4     "Solid waste."  Any waste, including but not limited to,
     5  municipal, residual or hazardous wastes, including solid,
     6  liquid, semisolid or contained gaseous materials.
     7     "Storage."  The containment of any waste on a temporary basis
     8  in such a manner as not to constitute disposal of such waste. It
     9  shall be presumed that the containment of any waste in excess of
    10  one year constitutes disposal. This presumption can be overcome
    11  by clear and convincing evidence to the contrary; however, it
    12  shall be conclusive presumption that the storage of wastes in
    13  excess of three years constitutes disposal.
    14     "Transportation."  The removal of any solid waste at any time
    15  after generation.
    16     "Treatment."  Any method, technique, or process, including
    17  neutralization, designed to change the physical, chemical, or
    18  biological character or composition of any waste so as to
    19  neutralize such waste or so as to render such waste
    20  nonhazardous, safer for transport, suitable for recovery,
    21  suitable for storage, or reduced in volume. Such term includes
    22  any activity or processing designed to change the physical form
    23  or chemical composition of waste so as to render it neutral or
    24  nonhazardous.
    25  Section 104.  Powers and duties of the department.
    26     The department shall have the power and its duty shall be to:
    27         (1)  administer the solid waste management program
    28     pursuant to the provisions of this act;
    29         (2)  cooperate with appropriate Federal, State,
    30     interstate and local units of government and with appropriate
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     1     private organizations in carry out its duties under this act;
     2         (3)  develop a Statewide solid waste management plan in
     3     cooperation with local governments, the Department of
     4     Community Affairs, and the State Planning Board; emphasis
     5     shall be given to area-wide planning;
     6         (4)  provide technical assistance to municipalities
     7     including the training of personnel;
     8         (5)  initiate, conduct, and support research,
     9     demonstration projects, and investigations, and coordinate
    10     all State agency research programs, pertaining to solid waste
    11     management systems;
    12         (6)  regulate the storage, collection, transportation,
    13     processing, treatment and disposal of solid waste;
    14         (7)  issue permits, licenses and orders, and specify the
    15     terms and conditions thereof, and conduct inspections and
    16     abate public nuisances to implement the purposes and
    17     provisions of this act and the rules, regulations and
    18     standards adopted pursuant to this act;
    19         (8)  require the payment of a fee for the processing of
    20     any permit or license application. Permit and license fees
    21     shall be in an amount sufficient to cover the aggregate cost
    22     of reviewing all applications, acting on all applications,
    23     processing all renewals, and administering all the terms and
    24     conditions of all permits and all provisions of this act;
    25         (9)  serve as the agency of the Commonwealth for the
    26     receipt of moneys from the Federal government or other public
    27     agencies or private agencies and expend such moneys for
    28     studies and research with respect to, and for the enforcement
    29     and administration of, the purposes and provisions of this
    30     act and the rules and regulations promulgated thereunder;
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     1         (10)  institute in a court of competent jurisdiction,
     2     proceedings against any person or municipality to compel
     3     compliance with the provisions of this act, any rule or
     4     regulation issued thereunder, any order of the department, or
     5     the terms and conditions of any permit;
     6         (11)  institute prosecutions against any person or
     7     municipality under this act;
     8         (12)  appoint such advisory committees as the Secretary
     9     deems necessary and proper to assist the department in
    10     carrying out the provisions of this act. The secretary is
    11     authorized to pay reasonable and necessary expenses incurred
    12     by the members of such advisory committees in carrying out
    13     their functions; and
    14         (13)  do any and all other acts and things not
    15     inconsistent with any provision of this act, which it may
    16     deem necessary or proper for the effective enforcement of
    17     this act and the rules or regulations which may be
    18     promulgated hereunder.
    19  Section 105.  Powers and duties of the Environmental Quality
    20                Board.
    21     (a)  The Environmental Quality Board shall have the power and
    22  its duty shall be to adopt the rules and regulations of the
    23  department to accomplish the purposes and to carry out the
    24  provisions of this act, including but not limited to the
    25  establishment of rules and regulations relating to the
    26  protection of safety, health, welfare and property of the public
    27  and the air, water and other natural resources of the
    28  Commonwealth.
    29     (b)  The Environmental Quality Board shall, by regulation,
    30  set the term of expiration of permits and licenses appropriate
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     1  to the category of the permit or license.
     2                             ARTICLE II
     3                          MUNICIPAL WASTE
     4  Section 201.  Submission of plans; permits.
     5     (a)  No person or municipality shall store, collect,
     6  transport, process, or dispose of municipal waste within this
     7  Commonwealth unless such storage, collection, transportation,
     8  processing or disposal is authorized by the rules and
     9  regulations of the department and no person or municipality
    10  shall own or operate a municipal waste processing or disposal
    11  facility unless such person or municipality has first obtained a
    12  permit for such facility from the department.
    13     (b)  Each municipality with a population density of 300 or
    14  more inhabitants per square mile shall submit to the department
    15  an officially adopted plan for a municipal waste management
    16  system or systems serving the areas within its jurisdiction
    17  within two years of the effective date of this section, and
    18  shall, from time to time, submit such revisions of said plan as
    19  it deems necessary or as the department may require.
    20     (c)  When more than one municipality has authority over an
    21  existing or proposed municipal waste management system or
    22  systems or any part thereof, the required plan or any revisions
    23  thereof shall be submitted jointly by the municipalities
    24  concerned or by an authority or county or by one or more of the
    25  municipalities with the concurrence of all the others.
    26     (d)  Every plan, and any revision thereof, shall delineate
    27  areas where municipal waste management systems are in existence
    28  and areas where the municipal waste management systems are
    29  planned to be available within a ten-year period.
    30     (e)  Every plan shall:
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     1         (1)  Provide for the orderly extension of municipal waste
     2     management systems in a manner consistent with the needs and
     3     plans of the whole area, and in a manner which will not
     4     create a risk of pollution of the water, air, land or other
     5     natural resources of the Commonwealth, nor constitute a
     6     public nuisance, and shall otherwise provide for the safe and
     7     sanitary disposal of municipal waste.
     8         (2)  Take into consideration all aspects of planning,
     9     zoning, population estimates, engineering and economics so as
    10     to delineate with precision those portions of the area which
    11     may reasonably be expected to be served by a municipal waste
    12     management system within ten years of the submission of the
    13     plan, as well as those areas where it is not reasonably
    14     foreseeable that a municipal waste management system will be
    15     needed within ten years of the submission of the plan.
    16         (3)  Take into consideration any existing State plan
    17     affecting the development, use and protection of air, water,
    18     land or other natural resources.
    19         (4)  Set forth a time schedule and proposed methods for
    20     financing the development, construction and operation of the
    21     planned municipal waste management systems, together with the
    22     estimated cost thereof.
    23         (5)  Include a provision for periodic revision of the
    24     plan.
    25         (6)  Include such other information as the department
    26     shall require.
    27     (f)  The plan shall be reviewed by appropriate official
    28  planning agencies within a municipality, including a planning
    29  agency with area-wide jurisdiction, if one exists and the county
    30  planning commission, for consistency with programs of planning
    19790H1840B2263                 - 13 -

     1  for the area, and all such reviews shall be transmitted to the
     2  department with the proper plan. In the event a review of any
     3  plan has not been transmitted by such planning agency or
     4  commission within 90 days of its submission to such agency or
     5  commission, then such agency or commission shall be deemed to
     6  have waived its right to review the plan, and the department
     7  shall then review the plan for approval in the absence of the
     8  reviews of such planning agency or commission.
     9     (g)  The department is hereby authorized to approve or
    10  disapprove plans for municipal waste management systems
    11  submitted in accordance with this act. Any plan which has not
    12  been disapproved within one year of the date of its submission
    13  shall be deemed an approved plan, unless notice of pending
    14  investigation is given to the applicant by the department before
    15  expiration of the one-year period.
    16     (h)  The department is hereby authorized to approve or
    17  disapprove revisions of plans for municipal waste management
    18  systems submitted in accordance with this act.
    19     (i)  The department is authorized to provide technical
    20  assistance to counties, municipalities and authorities in
    21  coordinating plans for municipal waste management systems
    22  required by this act, including revisions of such plans.
    23     (j)  The department may establish priorities for the time
    24  within which plans shall be submitted and may, in appropriate
    25  cases, require the submission of joint plans.
    26     (k)  The department may issue any order or may institute any
    27  appropriate legal or equitable action to compel municipalities
    28  to submit plans in accordance with this act and the rules,
    29  regulations and procedures of the department.
    30     (l)  The department may order, or obtain an injunction
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     1  requiring municipalities to implement the plans which they have
     2  submitted, in accordance with this act and the rules,
     3  regulations and procedures of the department.
     4  Section 202.  Powers and duties of municipalities.
     5     (a)  Each municipality shall be responsible for the
     6  collection, transportation, processing, and disposal of
     7  municipal waste which is generated or present within its
     8  boundaries and shall be responsible for implementing its
     9  approved plan as it relates to the storage, collection,
    10  transportation, processing, and disposal of its municipal
    11  wastes.
    12     (b)  In carrying out its responsibilities, any such
    13  municipality may adopt ordinances, regulations and standards for
    14  the storage and collection of municipal wastes which shall be
    15  not less stringent than, and not in violation of, the rules,
    16  regulations, standards, and procedures of the department for the
    17  storage, collection, transportation, processing and disposal of
    18  municipal waste. Any ordinances, regulations and standards so
    19  adopted shall be made a part of the plan required in section
    20  201.
    21     (c)  Municipalities may contract with any person or other
    22  municipality to carry out their responsibilities for the
    23  collection, transportation, processing and disposal of municipal
    24  wastes, provided that the ultimate disposal is known to be at a
    25  site permitted to accept such waste, and provided, further, that
    26  no municipality may delegate the duties imposed by this section.
    27  Section 203.  Grants authorized.
    28     (a)  The department is authorized to assist municipalities by
    29  administering grants to pay up to 50% of the costs of preparing
    30  official plans for municipal waste management systems in
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     1  accordance with the requirements of this act and the rules,
     2  regulations, and standards adopted pursuant to this act, and for
     3  carrying out related studies, surveys, investigations,
     4  inquiries, research and analyses.
     5     (b)  All grants shall be made from funds appropriated for
     6  this purpose by the General Assembly.
     7                            ARTICLE III
     8                           RESIDUAL WASTE
     9  Section 301.  Management of residual waste.
    10     No person or municipality shall store, transport, process, or
    11  dispose of residual waste within this Commonwealth unless such
    12  storage, transportation, processing or disposal is authorized by
    13  the rules and regulations of the department and no person or
    14  municipality shall own or operate a residual waste processing or
    15  disposal facility unless such person or municipality has first
    16  obtained a permit for such facility from the department.
    17  Section 302.  Disposal, processing and storage of residual waste.
    18     (a)  It shall be unlawful for any person or municipality to
    19  dispose, process, store, or permit the disposal, processing or
    20  storage of any residual waste in a manner which is contrary to
    21  the rules and regulations of the department or to any permit or
    22  to the terms or conditions of any permit or any order issued by
    23  the department.
    24     (b)  It shall be unlawful for any person or municipality who
    25  stores, processes, or disposes of residual waste to fail to:
    26         (1)  Use such methods and facilities as are necessary to
    27     prevent leaching, runoff, discharges and emissions from
    28     residual waste.
    29         (2)  Use such methods and facilities as are necessary to
    30     prevent the harmful or hazardous mixing of wastes or such
    19790H1840B2263                 - 16 -

     1     mixing as may render disposal in compliance with this act
     2     impracticable.
     3         (3)  Design, construct, operate and maintain facilities
     4     and areas in a manner which shall not adversely effect or
     5     endanger public health, safety and welfare or the environment
     6     or cause a public nuisance.
     7  Section 303.  Transportation of residual waste.
     8     (a)  It shall be unlawful for any person or municipality to
     9  transport or permit the transportation of residual waste:
    10         (1)  to any processing or disposal facility within the
    11     Commonwealth unless such facility holds a permit issued by
    12     the department to accept such waste; or
    13         (2)  in a manner which is contrary to the rules and
    14     regulations of the department or any permit or the conditions
    15     of any permit or any order issued by the department.
    16     (b)  It shall be unlawful for any person or municipality who
    17  transports residual waste to fail to:
    18         (1)  use such methods, equipment and facilities as are
    19     necessary to transport residual waste in a manner which shall
    20     not adversely affect or endanger the environment or the
    21     public health, welfare and safety; and
    22         (2)  immediately notify the department of any spill or
    23     accidental discharge of such waste and take immediate steps
    24     to contain and clean up the spill or discharge.
    25                             ARTICLE IV
    26                          HAZARDOUS WASTE
    27  Section 401.  Management of hazardous waste.
    28     (a)  No person or municipality shall store, transport, treat,
    29  or dispose of hazardous waste within this Commonwealth unless
    30  such storage, transportation, treatment, or disposal is
    19790H1840B2263                 - 17 -

     1  authorized by the rules and regulations of the department; no
     2  person or municipality shall own or operate a hazardous waste
     3  storage, treatment or disposal facility unless such person or
     4  municipality has first obtained a permit for the storage,
     5  treatment and disposal of hazardous waste from the department;
     6  and, no person or municipality shall transport hazardous waste
     7  within the Commonwealth unless such person or municipality has
     8  first obtained a license for the transportation of hazardous
     9  waste from the department.
    10     (b)  The storage, transportation, treatment, and disposal of
    11  hazardous waste are hereby declared to be ultrahazardous
    12  activities, regardless whether such activities were conducted
    13  prior to the enactment hereof.
    14  Section 402.  Listing of hazardous waste.
    15     The Environmental Quality Board shall establish rules and
    16  regulations identifying the characteristics of hazardous wastes
    17  and listing particular hazardous wastes which shall be subject
    18  to the provisions of this act. The list promulgated shall in no
    19  event prevent the department from regulating other wastes,
    20  which, although not listed, the department has determined to be
    21  hazardous; such regulation of hazardous wastes may be by any
    22  means including, but not limited to, issuance of orders and the
    23  imposition of terms and conditions of permits.
    24  Section 403.  Generation, transportation, storage, treatment
    25                and disposal of hazardous waste.
    26     (a)  It shall be unlawful for any person or municipality who
    27  generates, transports or stores hazardous waste to transfer such
    28  waste unless such person or municipality complies with the rules
    29  and regulations of the department and the terms or conditions of
    30  any applicable permit or license and any applicable order issued
    19790H1840B2263                 - 18 -

     1  by the department.
     2     (b)  It shall be unlawful for any person or municipality who
     3  generates, transports, stores, treats or disposes of hazardous
     4  waste to fail to:
     5         (1)  Maintain such records as are necessary to accurately
     6     identify the quantities of hazardous waste generated, the
     7     constituents thereof which are significant in quantity or in
     8     potential harm to human health or the environment, the method
     9     of transportation and the disposition of such wastes; and
    10     where applicable, the source and delivery points of such
    11     hazardous waste.
    12         (2)  Label any containers used for the storage,
    13     transportation or disposal of such hazardous waste so as to
    14     identify accurately such waste.
    15         (3)  Use containers appropriate for such hazardous waste
    16     and for the activity undertaken.
    17         (4)  Furnish information on the general chemical
    18     composition of such hazardous waste to persons transporting,
    19     treating, storing or disposing of such wastes.
    20         (5)  Use a manifest system as required by the department
    21     to assure that all such hazardous waste generated is
    22     designated for treatment, storage or disposal in such
    23     treatment, storage or disposal facilities (other than
    24     facilities on the premises where the waste is generated,
    25     where the use of a manifest system is not necessary) approved
    26     by the department, as provided in this article.
    27         (6)  Transport hazardous waste for treatment, storage or
    28     disposal to such treatment, storage or disposal facilities
    29     which the shipper has designated on the manifest form as a
    30     facility permitted to receive such waste or as a facility not
    19790H1840B2263                 - 19 -

     1     within the Commonwealth.
     2         (7)  Submit reports to the department at such times as
     3     the department deems necessary, listing out:
     4             (i)  the quantities of hazardous waste generated
     5         during a particular time period; and
     6             (ii)  the method of disposal of all hazardous waste.
     7         (8)  Carry out transportation activities in compliance
     8     with the rules and regulations of the department and the
     9     Pennsylvania Department of Transportation.
    10         (9)  Treat, store and dispose of all such waste in
    11     accordance with the rules and regulations of the department
    12     and permits, permit conditions and orders of the department.
    13         (10)  Develop and implement contingency plans for
    14     effective action to minimize and abate hazards from any
    15     treatment, storage, transportation or disposal of any
    16     hazardous waste.
    17         (11)  Maintain such operation, train personnel, and
    18     assure financial responsibility for such storage, treatment
    19     or disposal operations to prevent adverse effects to the
    20     public health, safety and welfare and to the environment and
    21     to prevent public nuisances.
    22         (12)  Immediately notify the department of any spill or
    23     accidental discharge of such waste in accordance with a
    24     contingency plan approved by the department and take
    25     immediate steps to contain and clean up the spill or
    26     discharge.
    27  Section 404.  Transition scheme.
    28     Any person or municipality who:
    29         (1)  owns or operates a hazardous waste storage or
    30     treatment facility required to have a permit under this act,
    19790H1840B2263                 - 20 -

     1     which facility is in existence on the effective date of this
     2     act;
     3         (2)  has complied with the requirements of section
     4     501(c);
     5         (3)  has made an application for a permit under this act;
     6     and
     7         (4)  operates and continues to operate in such a manner
     8     as will not cause, or create a risk of, a health hazard, a
     9     public nuisance, or an adverse effect upon the environment;
    10  shall be treated as having been issued such permit until such
    11  time as a final departmental action on such application is made.
    12  In no instance shall such person or municipality continue to
    13  store or treat hazardous wastes without obtaining a permit from
    14  the department within two years after the date of enactment
    15  hereof.
    16  Section 405.  Conveyance of disposal site property.
    17     After the effective date of this act, the grantor in every
    18  deed for the conveyance of property on which hazardous waste is
    19  presently being disposed, has ever been disposed or is suspected
    20  of having been disposed shall include in the property
    21  description section of such deed an acknowledgement of such
    22  hazardous waste disposal; such acknowledgement to include to the
    23  extent such information is available, but not be limited to, the
    24  surface area size and exact location of the disposed waste and a
    25  description of the types of hazardous wastes contained therein.
    26  Such amended property description shall be made a part of the
    27  deed for all future conveyances or transfers of the subject
    28  property.
    29                             ARTICLE V
    30                      APPLICATIONS AND PERMITS
    19790H1840B2263                 - 21 -

     1  Section 501.  Permits and licenses required; transition scheme;
     2                reporting requirements.
     3     (a)  It shall be unlawful for any person or municipality to
     4  use, or continue to use, their land or the land of any other
     5  person or municipality as a solid waste processing, storage,
     6  treatment or disposal area without first obtaining a permit from
     7  the department as required by this act: Provided, however, That
     8  this section shall not apply to the short-term storage of
     9  byproducts which are utilized in the processing or manufacturing
    10  of other products, to the extent that such byproducts are not
    11  hazardous, and do not create a public nuisance or adversely
    12  affect the air, water and other natural resources of the
    13  Commonwealth: And provided further, however, That the provisions
    14  of this section shall not apply to agricultural waste produced
    15  in the course of normal farming operations.
    16     (b)  It shall be unlawful for any person or municipality to
    17  transport hazardous waste within the Commonwealth unless such
    18  person or municipality has first obtained a license from the
    19  department to conduct such transportation activities.
    20     (c)  Not later than 90 days after promulgation or revision of
    21  regulations under section 402 identifying by its characteristics
    22  or listing any substance as hazardous waste, any person or
    23  municipality generating or transporting such substance or owning
    24  or operating a facility for treatment, storage, or disposal of
    25  such substance shall file with the department a notification
    26  stating the location and general description of such activity
    27  and the identified or listed hazardous wastes handled by such
    28  person or municipality. Not more than one such notification
    29  shall be required to be filed with respect to the same
    30  substance. No identified or listed hazardous waste may be
    19790H1840B2263                 - 22 -

     1  transported, treated, processed, stored or disposed of unless
     2  notification has been given as required under this subsection.
     3  Section 502.  Permit and license application requirements.
     4     (a)  Application for any permit or license shall be in
     5  writing, shall be made on forms provided by the department and
     6  shall be accompanied by such plans, designs and relevant data as
     7  the department may require. Such plans, designs and data shall
     8  be prepared by a registered professional engineer.
     9     (b)  The application for a permit to operate a hazardous
    10  waste storage, treatment or disposal facility shall also be
    11  accompanied by a form, prepared and furnished by the department,
    12  containing the written consent of the landowner to entry upon
    13  any land to be affected by the proposed facility by the
    14  Commonwealth and by any of its authorized agents prior to and
    15  during operation of the facility and for 20 years after closure
    16  of the facility, for the purpose of inspection and for the
    17  purpose of any such pollution abatement or pollution prevention
    18  activities as the department deems necessary. Such forms shall
    19  be deemed to be recordable documents and prior to the initiation
    20  of operations under the permit, such forms shall be recorded and
    21  entered into the deed book (d.b.v.) indexing system at the
    22  office of the Recorder of Deeds in the counties in which the
    23  area to be affected under the permit is situated.
    24     (c)  All records, reports, or information contained in the
    25  hazardous waste storage, treatment or disposal facility permit
    26  application submitted to the department under this section shall
    27  be available to the public; except that the department shall
    28  consider a record, report or information or particular portion
    29  thereof, confidential in the administration of this act if the
    30  applicant can show cause that the records, reports or
    19790H1840B2263                 - 23 -

     1  information, or a particular portion thereof (but not emission
     2  or discharge data or information concerning solid waste which is
     3  potentially toxic in the environment), if made public, would
     4  divulge production or sales figures or methods, processes or
     5  production unique to such applicant or would otherwise tend to
     6  affect adversely the competitive position of such applicant by
     7  revealing trade secrets. Nothing herein shall be construed to
     8  prevent disclosure of such report, record or information to the
     9  Federal government or other State agencies as may be necessary
    10  for purposes of administration of any Federal or State law.
    11     (d)  The application for a permit shall set forth the manner
    12  in which the operator plans to comply with the requirements of
    13  the act of June 25, 1913 (P.L.555, No.355), referred to as the
    14  Water Obstructions Act, the act of June 22, 1937 (P.L.1987,
    15  No.394), known as "The Clean Streams Law," the act of May 31,
    16  1945 (P.L.1198, No.418), known  as the "Surface Mining
    17  Conservation and Reclamation Act," the act of January 8, 1960
    18  (1959 P.L.2119, No.787), known as the "Air Pollution Control
    19  Act," and the act of November 26, 1978 (P.L.1375, No.325), known
    20  as the "Dam Safety Act," as applicable. No approval shall be
    21  granted unless the plan provides for compliance with the
    22  statutes hereinabove enumerated, and failure to comply with the
    23  statutes hereinabove enumerated during construction and
    24  operation or thereafter shall render the operator liable to the
    25  sanctions and penalties provided in this act for violations of
    26  this act and to the sanctions and penalties provided in the
    27  statutes hereinabove enumerated for violations of such statutes.
    28  Such failure to comply shall be cause for revocation of any
    29  approval or permit issued by the department to the operator.
    30  Compliance with the provisions of this subsection and with the
    19790H1840B2263                 - 24 -

     1  provisions of this act and the provisions of the statutes
     2  hereinabove enumerated shall not relieve the operator of the
     3  responsibility for complying with the provisions of all other
     4  applicable statutes, including, but not limited to the act of
     5  July 17, 1961 (P.L.659, No.339), known as the "Pennsylvania
     6  Bituminous Coal Mine Act," the act of November 10, 1965
     7  (P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
     8  Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
     9  entitled "An act providing emergency medical personnel;
    10  employment of emergency medical personnel and emergency
    11  communications in coal mines."
    12     (e)  The application for a permit shall certify that the
    13  operator has in force, or will, prior to the initiation of
    14  operations under the permit have in force, an ordinary public
    15  liability insurance policy in an amount to be prescribed by
    16  rules and regulations promulgated hereunder.
    17     (f)  The department may require such other information, and
    18  impose such other terms and conditions, as it deems necessary or
    19  proper to achieve the goals and purposes of this act.
    20  Section 503.  Granting, denying, renewing, modifying, revoking
    21                and suspending permits and licenses.
    22     (a)  Upon approval of the application, the department shall
    23  issue a permit for the operation of a solid waste storage,
    24  treatment, processing or disposal facility or area or a license
    25  for the transportation of hazardous wastes, as set forth in the
    26  application and further conditioned by the department.
    27     (b)  No permit shall be issued unless and until all
    28  applicable bonds have been posted with the department.
    29     (c)  In carrying out the provisions of this act, the
    30  department may deny, suspend, modify, or revoke any permit or
    19790H1840B2263                 - 25 -

     1  license if it finds that the applicant, permittee or licensee
     2  has failed or continues to fail to comply with any provision of
     3  this act, the act of June 25, 1913 (P.L.555, No.355), referred
     4  to as the Water Obstructions Act, the act of June 22, 1937
     5  (P.L.1987, No.394), known as "The Clean Streams Law," the act of
     6  January 8, 1960 (1959 P.L.2119, No.787), known as the "Air
     7  Pollution Control Act," and the act of November 26, 1978
     8  (P.L.1375, No.325), known  as the "Dam Safety Act," or any other
     9  state or Federal statute relating to environmental protection or
    10  to the protection of the public health, safety and welfare; or
    11  any rule or regulation of the department; or any order of the
    12  department; or any condition of any permit or license issued by
    13  the department; or if the department finds that the applicant,
    14  permittee or licensee has shown a lack of ability or intention
    15  to comply with any provision of this act or any of the acts
    16  referred to in this subsection or any rule or regulation of the
    17  department or order of the department, or any condition of any
    18  permit or license issued by the department as indicated by past
    19  or continuing violations.
    20     (d)  Any person or municipality which has engaged in unlawful
    21  conduct as defined in this act, or whose partner, associate,
    22  officer, parent corporation, subsidiary corporation, contractor,
    23  subcontractor or agent has engaged in such unlawful conduct,
    24  shall be denied any permit or license required by this act
    25  unless the permit or license application demonstrates to the
    26  satisfaction of the department that the unlawful conduct has
    27  been corrected. Independent contractors and agents who are to
    28  operate under any permit shall be subject to the provisions of
    29  this act. Such independent contractors, agents and the permittee
    30  shall be jointly and severally liable, without regard to fault,
    19790H1840B2263                 - 26 -

     1  for violations of this act which occur during the contractor's
     2  or agent's involvement in the course of operations.
     3     (e)  Any permit or license granted by the department, as
     4  provided in this act, shall be revocable or subject to
     5  modification or suspension at any time the department determines
     6  that the solid waste storage, treatment, processing or disposal
     7  facility or area or transportation of solid waste:
     8         (1)  is, or has been, conducted in violation of this act
     9     or the rules, regulations, adopted pursuant to the act;
    10         (2)  is creating a public nuisance;
    11         (3)  is creating a potential hazard to the public health,
    12     safety and welfare;
    13         (4)  adversely affects the environment;
    14         (5) is being operated in violation of any terms or
    15     conditions of the permit; or
    16         (6) was operated pursuant to a permit or license that was
    17     not granted in accordance with law.
    18  Section 504.  Bonds.
    19     (a)  Prior to the commencement of operations, the operator of
    20  a municipal or residual waste processing or disposal facility or
    21  of a hazardous waste storage, treatment or disposal facility for
    22  which a permit is required by this section shall file with the
    23  department a bond for the land affected by such facility on a
    24  form prescribed and furnished by the department. Such bond shall
    25  be payable to the Commonwealth and conditioned so that the
    26  operator shall comply with the requirements of this act, the act
    27  of June 25, 1913 (P.L.555, No.355), referred to as the Water
    28  Obstructions Act, the act of June 22, 1937 (P.L.1987, No.394),
    29  known as "The Clean Streams Law," the act of May 31, 1945
    30  (P.L.1198, No.418), known as the "Surface Mining Conservation
    19790H1840B2263                 - 27 -

     1  and Reclamation Act," the act of January 8, 1960 (1959 P.L.2119,
     2  No.787), known as the "Air Pollution Control Act," and the act
     3  of November 26, 1978 (P.L.1375, No.325), known as the "Dam
     4  Safety Act." The department may require additional bond amounts
     5  for the permitted areas should such an increase be determined by
     6  the department to be necessary to meet the requirements of this
     7  act. The amount of the bond required shall be in an amount
     8  determined by the secretary based upon the total estimated cost
     9  to the Commonwealth of completing final closure according to the
    10  permit granted to such facility and such measures as are
    11  necessary to prevent adverse effects upon the environment; such
    12  measures include but are not limited to satisfactory monitoring,
    13  post-closure care, and remedial measures. The bond amount shall
    14  reflect the additional cost to the Commonwealth which may be
    15  entailed by being required to bring personnel and equipment to
    16  the site. All permits shall be bonded for at least $10,000.
    17  Liability under such bond shall be for the duration of the
    18  operation, and for a period of ten full years after final
    19  closure of the permit site. Such bond shall be executed by the
    20  operator and a corporate surety licensed to do business in the
    21  Commonwealth and approved by the secretary: Provided, however,
    22  That the operator may elect to deposit cash, certificates of
    23  deposit, automatically renewable irrevocable letters of credit
    24  which are terminable only upon 90 days written notice to the
    25  operator and the department, or negotiable bonds of the United
    26  States Government or the Commonwealth of Pennsylvania, the
    27  Pennsylvania Turnpike Commission, the General State Authority,
    28  the State Public School Building Authority, or any municipality
    29  within the Commonwealth, with the department in lieu of a
    30  corporate surety. The cash amount of such deposit, irrevocable
    19790H1840B2263                 - 28 -

     1  letters of credit or market value of such securities shall be
     2  equal at least to the sum of the bond. The secretary shall, upon
     3  receipt of any such deposit of cash or negotiable bonds,
     4  immediately place the same with the State Treasurer, whose duty
     5  it shall be to receive and hold the same in the name of the
     6  Commonwealth, in trust, for the purposes for which such deposit
     7  is made. The State Treasurer shall at all times be responsible
     8  for the custody and safekeeping of such deposits. The operator
     9  making the deposit shall be entitled from time to time to demand
    10  and receive from the State Treasurer, on the written order of
    11  the secretary, the whole or any portion of any collateral so
    12  deposited, upon depositing with him, in lieu thereof, other
    13  collateral of the classes herein specified having a market value
    14  at least equal to the sum of the bond, also to demand, receive
    15  and recover the interest and income from said negotiable bonds
    16  as the same becomes due and payable: Provided, however, That
    17  where negotiable bonds, deposited as aforesaid, mature or are
    18  called, the State Treasurer, at the request of the permittee,
    19  shall convert such negotiable bonds into such other negotiable
    20  bonds of the classes herein specified as may be designated by
    21  the permittee: And provided further, That where notice of intent
    22  to terminate a letter of credit is given, the department shall,
    23  after 30 days written notice to the operator and in the absence
    24  of a replacement of such letter of credit within such 30-day
    25  period by the operator with other acceptable bond guarantees
    26  provided herein, draw upon and convert such letter of credit
    27  into cash and hold it as a collateral bond guarantee.
    28     (b)  In the case of applications for permits where the
    29  department determine that the operations are reasonably
    30  anticipated to continue for a period of at least ten years from
    19790H1840B2263                 - 29 -

     1  the date of application, the operator may elect to deposit
     2  collateral and file a collateral bond as provided in subsection
     3  (a) according to the following phase deposit schedule. The
     4  operator shall, prior to commencing operations, deposit $10,000
     5  or 25% of the amount of the bond determined under subsection
     6  (a), whichever is greater. The operator shall, thereafter,
     7  annually deposit 10% of the remaining bond amount for a period
     8  of ten years. Interest accumulated by such collateral shall
     9  become a part of the bond. The department may require additional
    10  bonding at any time to meet the intent of subsection (a). The
    11  collateral shall be deposited in trust, with the State Treasurer
    12  as provided in subsection (a) or with a bank, selected by the
    13  department, which shall act as trustee for the benefit of the
    14  Commonwealth, according to rules and regulations promulgated
    15  hereunder, to guarantee the operator's compliance with this act
    16  and the statutes enumerated in subsection (a). The operator
    17  shall be required to pay all costs of the trust. The collateral
    18  deposit, or part thereof, shall be released of liability and
    19  returned to the operator, together with a proportional share of
    20  accumulated interest, upon the conditions of and pursuant to the
    21  schedule and criteria for release provided in this act.
    22     (c)  The operator shall, prior to commencing operations on
    23  any additional land exceeding the estimate made in the
    24  application for a permit, file an additional application and
    25  bond. Upon receipt of such additional application and related
    26  documents and information as would have been required for the
    27  additional land had it been included in the original application
    28  for a permit and should all the requirements of this act be met
    29  as were necessary to secure the permit, the secretary shall
    30  promptly issue an amended permit covering the additional acreage
    19790H1840B2263                 - 30 -

     1  covered by such application, and shall determine the additional
     2  bond requirement therefor.
     3     (d)  If the operator abandons the operation of a municipal or
     4  residual waste processing or disposal facility or a hazardous
     5  waste storage, treatment or disposal facility for which a permit
     6  is required by this section or if the permittee fails or refuses
     7  to comply with the requirements of this act in any respect for
     8  which liability has been charged on the bond, the secretary
     9  shall declare the bond forfeited and shall certify the same to
    10  the Department of Justice which shall proceed to enforce and
    11  collect the amount of liability forfeited thereon, and where the
    12  operation has deposited cash or securities as collateral in lieu
    13  of a corporate surety, the secretary shall declare said
    14  collateral forfeited and shall direct the State Treasurer to pay
    15  said funds into the Waste Abatement Fund. Should any corporate
    16  surety fail to promptly pay, in full, forfeited bond, it shall
    17  be disqualified from writing any further surety bonds under this
    18  act.
    19     (e)  Prior to the issuance of any license for the
    20  transportation of hazardous waste, the applicant for a license
    21  shall file with the department a collateral bond on a form
    22  prescribed and furnished by the department. Such bond shall be
    23  payable to the Commonwealth and conditioned upon compliance by
    24  the licensee with every requirement of this act, rule and
    25  regulation of the department, order of the department and term
    26  and condition of the license. The amount of the bond required
    27  shall be in an amount determined by the secretary, but in an
    28  amount no less than $10,000. The department may require
    29  additional bond amounts if the department determines such
    30  additional amounts are necessary to guarantee compliance with
    19790H1840B2263                 - 31 -

     1  this act. The licensee may elect to deposit cash or
     2  automatically renewable irrevocable letters of credit which are
     3  terminable only upon 90 days written notice to the operator and
     4  the department, or negotiable bonds of the United States
     5  Government or the Commonwealth of Pennsylvania, the Pennsylvania
     6  Turnpike Commission, the General State Authority, the State
     7  Public School Building Authority, or any municipality within the
     8  Commonwealth. No corporate surety bond is authorized by this
     9  subsection. The cash amount of such deposit, irrevocable letters
    10  of credit, or market value of such securities shall be equal at
    11  least to the sum of the bond. The secretary shall, upon receipt
    12  of any such deposit of cash or negotiable bonds, immediately
    13  place the same with the State Treasurer, whose duty it shall be
    14  to receive and hold the same in the name of the Commonwealth, in
    15  trust, for the purposes for which such deposit is made. The
    16  State Treasurer shall at all times be responsible for the
    17  custody and safekeeping of such deposits. The licensee making
    18  the deposit shall be entitled from time to time to demand and
    19  receive from the State Treasurer, on the written order of the
    20  secretary, the whole or any portion of any collateral so
    21  deposited, upon depositing with him, in lieu thereof, other
    22  collateral of the classes herein specified having a market value
    23  at least equal to the sum of the bond, also to demand, receive
    24  and recover the interest and income from said negotiable bonds
    25  as the same becomes due and payable: Provided, however, That
    26  where negotiable bonds, deposited as aforesaid, mature or are
    27  called, the State Treasurer, at the request of the permittee,
    28  shall convert such negotiable bonds into such other negotiable
    29  bonds of the classes herein specified as may be designated by
    30  the permittee: And provided further, That where notice of intent
    19790H1840B2263                 - 32 -

     1  to terminate a letter of credit is given, the department shall,
     2  after 30 days written notice to the operator and in the absence
     3  of a replacement of such letter of credit within such 30-day
     4  period by the operator with other acceptable bond guarantees
     5  provided herein, draw upon and convert such letter of credit
     6  into cash and hold it as a collateral bond guarantee. Liability
     7  under such bond shall be for the duration of the license and for
     8  a period of one year after the expiration of the license.
     9  Section 505.  Financial responsibility.
    10     The Environmental Quality Board shall adopt such additional
    11  regulations to provide for proof of financial responsibility of
    12  owners or operators of hazardous waste storage, treatment, and
    13  disposal facilities, as necessary or desirable for closure of
    14  the facility, post-closure monitoring and maintenance, sudden
    15  and accidental occurrences, and nonsudden and accidental
    16  occurrences, and to comply with section 3004 of the Resource
    17  Conservation and Recovery Act of 1976 42 U.S.C. §6924.
    18                             ARTICLE VI
    19                      ENFORCEMENT AND REMEDIES
    20  Section 601.  Public Nuisances.
    21     Any violation of any provision of this act, any rule or
    22  regulation of the department, any order of the department, or
    23  any term or condition of any permit, shall constitute a public
    24  nuisance. Any person or municipality committing such a violation
    25  shall be liable for the costs of abatement of any pollution and
    26  any public nuisance caused by such violation. The Environmental
    27  Hearing Board and any court of competent jurisdiction is hereby
    28  given jurisdiction over actions to recover the costs of such
    29  abatement.
    30  Section 602.  Enforcement orders.
    19790H1840B2263                 - 33 -

     1     (a)  The department may issue orders to such persons and
     2  municipalities as it deems necessary to aid in the enforcement
     3  of the provisions of this act. Such orders may include, but
     4  shall not be limited to, orders modifying, suspending or
     5  revoking permits and orders requiring persons and municipalities
     6  to cease unlawful activities or operations of a solid waste
     7  facility which in the course of its operation is in violation of
     8  any provision of this act, any rule or regulation of the
     9  department or any terms and conditions of a permit issued under
    10  this act. An order issued under this act shall take effect upon
    11  notice, unless the order specifies otherwise. An appeal to the
    12  Environmental Hearing Board shall not act as a supersedeas. The
    13  power of the department to issue an order under this act is in
    14  addition to any other remedy which may be afforded to the
    15  department pursuant to this act or any other act.
    16     (b)  If the department finds that the storage, collection,
    17  transportation, processing, treatment or disposal of solid waste
    18  is causing pollution of the air, water, land or other natural
    19  resources of the Commonwealth or is creating a public nuisance,
    20  the department may order the person or the municipality to alter
    21  its storage, collection, transportation, processing, treatment
    22  or disposal systems to provide such storage, collection,
    23  transportation, processing, treatment, or disposal systems as
    24  will prevent pollution and public nuisances. Such order shall
    25  specify the length of time after receipt of the order within
    26  which the facility or area shall be repaired, altered,
    27  constructed or reconstructed.
    28     (c)  Any person or municipality ordered by the department to
    29  repair, alter, construct, or reconstruct a solid waste facility
    30  or area shall take such steps for the repair, alteration,
    19790H1840B2263                 - 34 -

     1  construction, or reconstruction of the facility or area as may
     2  be necessary for the storage, processing, treatment and disposal
     3  of its solid waste in compliance with this act and the rules and
     4  regulations of the department, and standards and orders of the
     5  department.
     6  Section 603.  Duty to comply with orders of the department.
     7     It shall be the duty of any person and municipality to
     8  proceed diligently to comply with any order issued pursuant to
     9  section 602. If such person or municipality fails to proceed
    10  diligently, or fails to comply with the order within such time,
    11  if any, as may be specified, such person or municipality shall
    12  be guilty of contempt, and shall be punished by the court in an
    13  appropriate manner and for this purpose, application may be made
    14  by the department to the Commonwealth Court, which court is
    15  hereby granted jurisdiction.
    16  Section 604.  Restraining violations.
    17     (a)  In addition to any other remedies provided in this act,
    18  the department may institute a suit in equity in the name of the
    19  Commonwealth where a violation of law or nuisance exists for an
    20  injunction to restrain a violation of this act or the rules,
    21  regulations, standards or orders adopted or issued thereunder
    22  and to restrain the maintenance or threat of a public nuisance.
    23  In any such proceeding, the court shall, upon motion of the
    24  Commonwealth, issue a prohibitory or mandatory preliminary
    25  injunction if it finds that the defendant is engaging in
    26  unlawful conduct as defined by this act or is engaged in conduct
    27  which is causing immediate and irreparable harm to the public.
    28  The Commonwealth shall not be required to furnish bond or other
    29  security in connection with such proceedings. In addition to an
    30  injunction, the court in such equity proceedings, may levy civil
    19790H1840B2263                 - 35 -

     1  penalties as specified in section 605.
     2     (b)  In addition to any other remedies provided for in this
     3  act, upon relation of any district attorney of any county
     4  affected, or upon relation of the solicitor of any municipality
     5  affected, an action in equity may be brought in a court of
     6  competent jurisdiction for an injunction to restrain any and all
     7  violations of this act or the rules and regulations promulgated
     8  hereunder, or to restrain any public nuisance or detriment to
     9  health.
    10     (c)  The penalties and remedies prescribed by this act shall
    11  be deemed concurrent and the existence of or exercise of any
    12  remedy shall not prevent the department from exercising any
    13  other remedy hereunder, at law or in equity.
    14     (d)  Actions instituted under this section may be filed in
    15  the appropriate court of common pleas or in the Commonwealth
    16  Court, which courts are hereby granted jurisdiction to hear such
    17  actions.
    18  Section 605.  Civil penalties.
    19     In addition to proceeding under any other remedy available at
    20  law or in equity for a violation of any provision of this act,
    21  any rule or regulation of the department or order of the
    22  department or any term or condition of any permit issued by the
    23  department, the department may assess a civil penalty upon a
    24  person for such violation. Such a penalty may be assessed
    25  whether or not the violation was willful, negligent, or without
    26  fault. In determining the amount of the penalty, the department
    27  shall consider the willfulness of the violation, damage to air,
    28  water, land or other natural resources of the Commonwealth or
    29  their uses, cost of restoration and abatement, savings resulting
    30  to the person in consequence of such violation, and other
    19790H1840B2263                 - 36 -

     1  relevant factors. If the violation leads to the issuance of a
     2  cessation order or occurs after the release of security for
     3  performance, a civil penalty shall be assessed. When the
     4  department proposes to assess a civil penalty, it shall inform
     5  the person or municipality of the proposed amount of said
     6  penalty. The person charged with the penalty shall then have 30
     7  days to pay the proposed penalty in full or, if the person
     8  wishes to contest either the amount of the penalty or the fact
     9  of the violation, the person shall within such 30 day period
    10  file an appeal of such action with the Environmental Hearing
    11  Board, and forward the proposed amount to the department within
    12  30 days for placement in an escrow account with the State
    13  Treasurer or any Pennsylvania bank. Failure to appeal and
    14  forward the money to the department within 30 days shall result
    15  in a waiver of all legal rights to contest the violation or the
    16  amount of the penalty. Any other statute to the contrary
    17  notwithstanding, there shall be no statute of limitations upon
    18  actions brought by the department pursuant to this section. The
    19  maximum civil penalty which may be assessed pursuant to this
    20  section is $25,000 per offense. Each violation for each separate
    21  day and each violation of any provision of this act, any rule or
    22  regulation under this act, any order of the department, or any
    23  term or condition of a permit shall constitute a separate and
    24  distinct offense under this section.
    25  Section 606.  Criminal penalties.
    26     (a)  Any person or municipality who violates any provision of
    27  this act, the rules and regulations of the department, or any
    28  order of the department, or any term or condition of any permit
    29  upon conviction thereof in a summary proceeding, shall be
    30  sentenced to pay a fine of not less than $100 and not more than
    19790H1840B2263                 - 37 -

     1  $1,000 and costs and, in default of the payment of such fine and
     2  costs, to undergo imprisonment for not more than 30 days.
     3     (b)  Any person or municipality who violates any provision of
     4  this act, any rule or regulation of the department, any order of
     5  the department, or any term or condition of any permit, shall be
     6  guilty of a misdemeanor of the third degree and, upon
     7  conviction, shall be sentenced to pay a fine of not less than
     8  $1,000 but not more than $25,000 per day for each violation or
     9  to imprisonment for a period of not more than one year, or both.
    10     (c)  Any person or municipality who, within two years after a
    11  conviction of a misdemeanor for any violation of this act,
    12  violates any provision of this act, any rule or regulation of
    13  the department, any order of the department, or any term or
    14  condition of any permit shall be guilty of a misdemeanor of the
    15  second degree and, upon conviction, shall be sentenced to pay a
    16  fine of not less than $2,500 nor more than $50,000 for each
    17  violation or to imprisonment for a period of not more than two
    18  year, or both.
    19     (d)  Any person who stores, transports, treats, or disposes
    20  of hazardous waste within the Commonwealth in violation of
    21  section 401, or in violation of any order of the department
    22  shall be guilty of a felony of the second degree and, upon
    23  conviction, shall be sentenced to pay a fine of not less than
    24  $2,500 but not more than $100,000 per day for each violation or
    25  to imprisonment for not less than two years but not more than
    26  ten years, or both.
    27     (e)  Any person who intentionally, knowingly, recklessly, or
    28  negligently stores, transports, treats, or disposes of hazardous
    29  waste within the Commonwealth in violation of any provision of
    30  this act, and whose acts or omissions cause pollution, a public
    19790H1840B2263                 - 38 -

     1  nuisance or bodily injury to any person, shall be guilty of a
     2  felony of the first degree, and upon conviction, shall be
     3  sentenced to pay a fine of not less than $10,000 but not more
     4  than $500,000 per day for each violation or to a term of
     5  imprisonment of not less than two years, but not more than 20
     6  years, or both.
     7     (f)  Each violation for each separate day and each violation
     8  of any provision of this act, any rule or regulation of the
     9  department, any order of the department, or term and condition
    10  of a permit shall constitute a separate and distinct offense
    11  under subsections (a), (b), (c), (d) and (e).
    12     (g)  With respect to the offenses specified in subsection
    13  (a), (b), (c) and (d), it is the legislative purpose to impose
    14  absolute liability for such offenses.
    15     (h)  With respect to the offenses specified in subsections
    16  (a), (b), (c), (d) and (e), it is the legislative purpose to
    17  impose liability on corporations.
    18  Section 607.  Existing rights and remedies preserved; cumulative
    19                remedies authorized.
    20     Nothing in this act shall be construed as estopping the
    21  Commonwealth, or any district attorney or solicitor of a
    22  municipality, from proceeding in courts of law or equity to
    23  abate pollution forbidden under this act, or abate nuisances
    24  under existing law. It is hereby declared to be the purposes of
    25  this act to provide additional and cumulative remedies to
    26  control the collection, storage, transportation, processing,
    27  treatment, and disposal of solid waste within the Commonwealth,
    28  and nothing contained in this act shall in any way abridge or
    29  alter rights of action or remedies now or hereafter existing in
    30  equity, or under the common law or statutory law, criminal or
    19790H1840B2263                 - 39 -

     1  civil, nor shall any provision in this act, or the granting of
     2  any permit under this act, or any act done by virtue of this
     3  act, be construed as estopping the Commonwealth, persons or
     4  municipalities, in the exercise of their rights under the common
     5  law or decisional law or in equity, from proceeding in courts of
     6  law or equity to suppress nuisances, or to abate any pollution
     7  now or hereafter existing, or to enforce common law or statutory
     8  rights. No courts of this Commonwealth having jurisdiction to
     9  abate public or private nuisances shall be deprived of such
    10  jurisdiction in any action to abate any private or public
    11  nuisance instituted by any person for the reasons that such
    12  nuisance constitutes air or water pollution.
    13  Section 608.  Production of materials; recordkeeping
    14                requirements; rights of entry.
    15     The department and its agents and employees shall under any
    16  and all circumstances:
    17         (1)  Have access to, and require the production of, books
    18     and papers, documents, and physical evidence pertinent to any
    19     matter under investigation.
    20         (2)  Require any person or municipality engaged in the
    21     storage, transportation, processing, treatment or disposal of
    22     any solid waste to establish and maintain such records and
    23     make such reports and furnish such information as the
    24     department may prescribe.
    25         (3)  Enter any building, property, premises or place for
    26     the purposes of making such investigation or inspection as
    27     may be necessary to ascertain the compliance or noncompliance
    28     by any person or municipality with the provisions of this act
    29     and the rules or regulations promulgated hereunder. In
    30     connection with such inspection or investigation, samples may
    19790H1840B2263                 - 40 -

     1     be taken of any solid, semisolid, liquid or contained gaseous
     2     material for analysis.
     3  Section 609.  Search warrants.
     4     An agent or employee of the department may apply for a search
     5  warrant to any Commonwealth official authorized to issue a
     6  search warrant for the purposes of inspecting or examining any
     7  property, building, premise, place, book, record or other
     8  physical evidence, of conducting tests, or of taking samples of
     9  any solid waste. Such warrant shall be issued upon probable
    10  cause. It shall be sufficient probable cause to show any of the
    11  following:
    12         (1)  that the inspection, examination, test, or sampling
    13     is pursuant to a general administrative plan to determine
    14     compliance with this act;
    15         (2)  that the agent or employee has reason to believe
    16     that a violation of this act has occurred or may occur; or
    17         (3)  that the agent or employee has been refused access
    18     to the property, building, premise, place, book, record or
    19     physical evidence, or has been prevented from conducting
    20     tests or taking samples.
    21  Section 610.  Unlawful conduct.
    22     It shall be unlawful for any person or municipality to:
    23         (1)  Dump or deposit, or permit the dumping or
    24     depositing, of any solid waste onto the surface of the ground
    25     or underground or into the waters of the Commonwealth, by any
    26     means, unless a permit for the dumping of such solid wastes
    27     has been obtained from the department; provided, the
    28     Environmental Quality Board may be regulation exempt certain
    29     activities associated with normal farming operations as
    30     defined by this act from such permit requirements.
    19790H1840B2263                 - 41 -

     1         (2)  Construct, alter, operate or utilize a solid waste
     2     storage, treatment, processing or disposal facility without a
     3     permit from the department as required by this act or in
     4     violation of the rules or regulations adopted under this act,
     5     or orders of the department, or in violation of any term or
     6     condition of any permit issued by the department.
     7         (3)  Burn solid wastes without a permit from the
     8     department.
     9         (4)  Store, collect, transport, process, treat, or
    10     dispose of, or assist in the storage, collection,
    11     transportation, processing, treatment, or disposal of, solid
    12     waste contrary to the rules or regulations adopted under this
    13     act, or orders of the department, or any term or any
    14     condition of any permit, or in any manner as to create a
    15     public nuisance or to adversely affect the public health,
    16     safety and welfare.
    17         (5)  Transport hazardous waste without first having
    18     obtained a license from the department to conduct such
    19     transport activities.
    20         (6)  Transport or permit the transportation of any solid
    21     waste to any storage, treatment, processing or disposal
    22     facility or area unless such facility or area possesses a
    23     permit issued by the department to accept such wastes, or
    24     contrary to the rules or regulations adopted under this act,
    25     or orders of the department, or in such a manner as to
    26     adversely affect or endanger the public health, safety and
    27     welfare or environment through which such transportation
    28     occurs.
    29         (7)  Refuse, hinder, obstruct, delay, or threaten any
    30     agent or employee of the department in the course of
    19790H1840B2263                 - 42 -

     1     performance of any duty under this act, including, but not
     2     limited to, entry and inspection under any circumstances.
     3         (8)  Consign, assign, sell, entrust, give or in any way
     4     transfer residual or hazardous waste which is at any time
     5     subsequently, by any such person or any other person;
     6             (i)  dumped or deposited or discharged in any manner
     7         into the surface of the earth or underground or into the
     8         waters of the Commonwealth unless a permit for the
     9         dumping or depositing or discharging of such residual or
    10         hazardous waste has first been obtained from the
    11         department; or
    12             (ii)  stored, treated, processed, disposed of or
    13         discharged by a residual or hazardous waste facility
    14         unless such facility is operated under a permit first
    15         obtained from the department.
    16         (9)  Cause or assist in the violation of any provision of
    17     this act, any rule or regulation of the department, any order
    18     of the department or any term or condition of any permit.
    19  Section 611.  Presumption of law for civil and administrative
    20                proceedings.
    21     It shall be presumed as a rebuttable presumption of law that
    22  a person or municipality which stores, treats, or disposes of
    23  hazardous waste shall be liable, without proof of fault,
    24  negligence, or causation, for all damages, contamination or
    25  pollution within 2,500 feet of the perimeter of the area where
    26  hazardous waste activities have been carried out. Such
    27  presumption may be overcome by clear and convincing evidence
    28  that the person or municipality so charged did not contribute to
    29  the damage, contamination, or pollution.
    30  Section 612.  Collection of fines and penalties.
    19790H1840B2263                 - 43 -

     1     All fines and penalties shall be collectible in any manner
     2  provided by law for the collection of debts. If any person
     3  liable to pay any such penalty neglects or refuses to pay the
     4  same after demand, the amount together with interest and any
     5  costs that may accrue, shall be a judgment in favor of the
     6  Commonwealth upon the property of such person, but only after
     7  same has been entered and docketed of record by the prothonotary
     8  of the county where such property is situated. The department
     9  may, at any time, transmit to the prothonotaries of the
    10  respective counties certified copies of all such judgments, and
    11  it shall be the duty of each prothonotary to enter and docket
    12  the same of record in his office, and to index the same as
    13  judgments are indexed, without requiring the payment of costs as
    14  a condition precedent to the entry thereof.
    15  Section 613.  Recovery of costs of abatement.
    16     Any person or municipality who causes a public nuisance shall
    17  be liable for the costs of abatement. The department, any
    18  Commonwealth agency, or any municipality which undertakes to
    19  abate a public nuisance may recover the costs of abatement in an
    20  action in equity brought before any court of competent
    21  jurisdiction. In addition, the Environmental Hearing Board is
    22  hereby given jurisdiction over actions by the department to
    23  recover the costs of abatement.
    24  Section 614.  Forfeiture of contraband.
    25     Any vehicle, equipment, or conveyance used for the
    26  transportation of disposal of hazardous waste in the commission
    27  of an offense under section 606 shall be deemed contraband and
    28  shall be seized and forfeited to the department. The provisions
    29  of law relating to the seizure, summary and judicial forfeiture,
    30  and condemnation of intoxicating liquor shall apply to seizures
    19790H1840B2263                 - 44 -

     1  and forfeitures under the provisions of this section.
     2                            ARTICLE VII
     3                     SOLID WASTE ABATEMENT FUND
     4  Section 701.  Solid Waste Abatement Fund.
     5     All fines, penalties, bond forfeitures and fees collected
     6  under the provisions of this act shall be paid into the Treasury
     7  of the Commonwealth into a special fund to be known as the
     8  "Solid Waste Abatement Fund" hereby established. The Solid Waste
     9  Abatement Fund shall be administered by the department for
    10  abatement or elimination of present or potential hazards to
    11  human health or to the environment from the improper treatment,
    12  transportation, storage, processing, or disposal of solid
    13  wastes, and for the enforcement of this act.
    14                            ARTICLE VIII
    15                        LIBERAL CONSTRUCTION
    16  Section 801.  Construction of act.
    17     The terms and provisions of this act are to be liberally
    18  construed, so as to best achieve and effectuate the goals and
    19  purposes hereof. The principles of strict liability in tort
    20  shall apply to all rights of action and remedies with respect to
    21  hazardous wastes, provided by this act.
    22                             ARTICLE IX
    23                      REPEALER; EFFECTIVE DATE
    24  Section 901.  Repeal.
    25     The act of July 31, 1968 (P.L.788, No.241), known as the
    26  "Pennsylvania Solid Waste Management Act," is repealed.
    27  Section 902.  Effective date.
    28     This act shall take effect immediately.


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