CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2263, 2374, 2396,        PRINTER'S NO. 3429
        3149, 3360, 3424

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1840 Session of 1979


        INTRODUCED BY MESSRS. 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, GEESEY,
           MUSTO, KLINGAMAN AND DOMBROWSKI, OCTOBER 15, 1979

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 28, 1980

                                     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; granting powers to and imposing
    15     duties upon county health departments; providing remedies;
    16     prescribing penalties; and establishing a fund.

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

     1     Section 105.  Powers and duties of the Environmental Quality
     2                   Board.
     3     Section 106.  Powers and duties of county health
     4                   departments; limitation.
     5     Section 107.  Legislative oversight.
     6     Section 108.  Powers and duties of the Environmental Hearing
     7                   Board.
     8  Article II.  Municipal Waste
     9     Section 201.  Submission of plans; permits.
    10     Section 202.  Powers and duties of municipalities.
    11     Section 203.  Grants authorized.
    12  Article III.  Residual Waste
    13     Section 301.  Management of residual waste.
    14     Section 302.  Disposal, processing and storage of residual
    15                   waste.
    16     Section 303.  Transportation of residual waste.
    17  Article IV.  Hazardous Waste
    18     Section 401.  Management of hazardous waste.
    19     Section 402.  Listing of hazardous waste.
    20     Section 403.  Generation, transportation, storage,
    21                   treatment and disposal of hazardous waste.
    22     Section 404.  Transition scheme.
    23     Section 405.  Conveyance of disposal site property.
    24  Article V.  Applications and Permits
    25     Section 501.  Permits and licenses required; transition
    26                   scheme; reporting requirements.
    27     Section 502.  Permit and license application requirements.
    28     Section 503.  Granting, denying, renewing, modifying,
    29                   revoking and suspending permits and licenses.
    30     Section 504.  Approval by governing body.
    19790H1840B3429                  - 2 -

     1     Section 505.  Bonds.
     2     Section 506.  Financial responsibility.
     3  Article VI.  Enforcement and Remedies
     4     Section 601.  Public nuisances.
     5     Section 602.  Enforcement orders.
     6     Section 603.  Duty to comply with orders of the department.
     7     Section 604.  Restraining violations.
     8     Section 605.  Civil penalties.
     9     Section 606.  Criminal penalties.
    10     Section 607.  Existing rights and remedies preserved;
    11                   cumulative remedies authorized.
    12     Section 608.  Production of materials; recordkeeping
    13                   requirements; rights of entry.
    14     Section 609.  Search warrants.
    15     Section 610.  Unlawful conduct.
    16     Section 611.  Presumption of law for civil and administrative  <--
    17                   proceedings.
    18     Section 612 611.  Collection of fines and penalties.           <--
    19     Section 613 612.  Recovery of costs of abatement.              <--
    20     Section 614 613.  Forfeiture of contraband.                    <--
    21     Section 615 614.  Right of citizen to initiate or intervene in  <--
    22                   proceedings.
    23     Section 616 615.  Notice of proposed settlement.               <--
    24     SECTION 616.  LIMITATION ON ACTION.                            <--
    25  Article VII.  Solid Waste Abatement Fund
    26     Section 701.  Solid Waste Abatement Fund.
    27  ARTICLE VIII.  COMMONWEALTH LIABILITY LEASING REAL ESTATE         <--
    28     SECTION 801.  COMMONWEALTH LIABILITY. NO PROHIBITION AGAINST   <--
    29                   LEASING REAL ESTATE.
    30  Article VIII IX.  Liberal Construction                            <--
    19790H1840B3429                  - 3 -

     1     Section 801 901.  Construction of act.                         <--
     2  Article IX X.  Repealer; Effective Date                           <--
     3     Section 901 1001.  Repeal.                                     <--
     4     Section 902 1002.  Severability.                               <--
     5     Section 903 1003.  Effective date.                             <--
     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8                             ARTICLE I
     9                         GENERAL PROVISIONS
    10  Section 101.  Short title.
    11     This act shall be known and may be cited as the "Solid Waste
    12  Management Act."
    13  Section 102.  Legislative finding; declaration of policy.
    14     The Legislature hereby determines, declares and finds that,
    15  since improper and inadequate solid waste practices create
    16  public health hazards, environmental pollution, and economic
    17  loss, and cause irreparable harm to the public health, safety
    18  and welfare, it is the purpose of this act to:
    19         (1)  establish and maintain a cooperative State and local
    20     program of planning and technical and financial assistance
    21     for comprehensive solid waste management;
    22         (2)  encourage the development of resource recovery as a
    23     means of managing solid waste, conserving resources, and
    24     supplying energy;
    25         (3)  require permits for the operation of municipal and
    26     residual waste processing and disposal systems, licenses for
    27     the transportation of hazardous waste and permits for
    28     hazardous waste storage, treatment, and disposal;
    29         (4)  protect the public health, safety and welfare from
    30     the short and long term dangers of transportation,
    19790H1840B3429                  - 4 -

     1     processing, treatment, storage, and disposal of all wastes;
     2     and                                                            <--
     3         (5)  provide a flexible and effective means to implement
     4     and enforce the provisions of this act;
     5         (6)  ESTABLISH THE PENNSYLVANIA HAZARDOUS WASTE            <--
     6     FACILITIES PLAN, WHICH PLAN SHALL ADDRESS THE PRESENT AND
     7     FUTURE NEEDS FOR THE TREATMENT AND DISPOSAL OF HAZARDOUS
     8     WASTE IN THIS COMMONWEALTH;
     9         (7)  DEVELOP AN INVENTORY OF THE NATURE AND QUANTITY OF
    10     HAZARDOUS WASTE GENERATED WITHIN THIS COMMONWEALTH OR
    11     DISPOSED OF WITHIN THIS COMMONWEALTH, WHEREVER GENERATED;
    12         (8)  PROJECT THE NATURE AND QUANTITY OF HAZARDOUS WASTE
    13     THAT WILL BE GENERATED WITHIN THIS COMMONWEALTH IN THE NEXT
    14     20 YEARS OR WILL BE DISPOSED OF WITHIN THIS COMMONWEALTH,
    15     WHEREVER GENERATED; AND                                        <--
    16         (9)  PROVIDE A MECHANISM TO ESTABLISH HAZARDOUS WASTE
    17     FACILITY SITES;
    18         (10)  IMPLEMENT ARTICLE I, SECTION 27 OF THE PENNSYLVANIA  <--
    19     CONSTITUTION; AND
    20         (11)  UTILIZE, WHEREVER FEASIBLE, THE CAPABILITIES OF
    21     PRIVATE ENTERPRISE IN ACCOMPLISHING THE DESIRED OBJECTIVES OF
    22     AN EFFECTIVE, COMPREHENSIVE SOLID WASTE MANAGEMENT PROGRAM.
    23  Section 103.  Definitions.
    24     The following words and phrases when used in this act shall
    25  have, unless the context clearly indicates otherwise, the
    26  meanings given to them in this section:
    27     "Abatement."  The restoration, reclamation, recovery, etc.,
    28  of a natural resource adversely affected by the activity of a
    29  person, permittee or municipality.
    30     "Agricultural waste."  Poultry and livestock manure, or
    19790H1840B3429                  - 5 -

     1  residual materials in liquid or solid form generated in the
     2  production and marketing of poultry, livestock, fur bearing
     3  animals, and their products, provided that such agricultural
     4  waste is not hazardous. The term includes the residual materials
     5  generated in producing, harvesting, and marketing of all
     6  agronomic, horticultural, and silvicultural crops or commodities
     7  grown on what are usually recognized and accepted as farms,
     8  forests, or other agricultural lands.
     9     "CAPTIVE FACILITIES."  FACILITIES WHICH ARE LOCATED UPON       <--
    10  LANDS OWNED BY A GENERATOR OF HAZARDOUS WASTE AND WHICH ARE
    11  OPERATED TO PROVIDE FOR THE TREATMENT OR DISPOSAL SOLELY OF SUCH
    12  GENERATOR'S HAZARDOUS WASTE.
    13     "Commercial establishment."  Any establishment engaged in
    14  nonmanufacturing or processing NONPROCESSING business,            <--
    15  including, but not limited to, stores, markets, office
    16  buildings, restaurants, shopping centers and theaters.
    17     "Commonwealth."  The Commonwealth of Pennsylvania.
    18     "Department."  The Department of Environmental Resources of
    19  the Commonwealth of Pennsylvania and its authorized
    20  representatives.
    21     "Disposal."  The incineration, deposition, injection,
    22  dumping, spilling, leaking, or placing of solid waste into or on
    23  the land or water in a manner that the solid waste or a
    24  constituent of the solid waste enters the environment, is
    25  emitted into the air or is discharged to the waters of the
    26  Commonwealth.
    27     "Food processing waste."  Residual materials in liquid or
    28  solid form generated in the slaughtering of poultry and
    29  livestock, or in processing and converting fish, seafood, milk,
    30  meat, and eggs to food products; it also means residual
    19790H1840B3429                  - 6 -

     1  materials generated in the processing, converting, or
     2  manufacturing of fruits, vegetables, crops and other commodities
     3  into marketable food items.
     4     "Food processing wastes used for agricultural purposes."  The
     5  use of food processing wastes in normal farming operations as
     6  defined in this section.
     7     "Hazardous waste."  Any garbage, refuse, sludge from sewage,   <--
     8  AN industrial or other waste water treatment plant, SLUDGE FROM   <--
     9  A water supply treatment plant, or air pollution control
    10  facility and other DISCARDED material including solid, liquid,    <--
    11  radioactive and nuclear material, semisolid or contained gaseous  <--
    12  material resulting from municipal, commercial, industrial,
    13  institutional, mining, or agricultural operations, and from
    14  community activities, or any combination of the above, (BUT DOES  <--
    15  NOT INCLUDE SOLID OR DISSOLVED MATERIAL IN DOMESTIC SEWAGE, OR
    16  SOLID OR DISSOLVED MATERIALS IN IRRIGATION RETURN FLOWS OR
    17  INDUSTRIAL DISCHARGES WHICH ARE POINT SOURCES SUBJECT TO PERMITS
    18  UNDER § 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS
    19  AMENDED (86 STAT. 880) OR SOURCE, SPECIAL NUCLEAR, OR BY-PRODUCT
    20  MATERIAL AS DEFINED BY THE U.S. ATOMIC ENERGY ACT OF 1954, AS
    21  AMENDED (68 STAT. 923)), which because of its quantity,
    22  concentration, or physical, chemical, or infectious
    23  characteristics may:
    24         (1)  CAUSE OR SIGNIFICANTLY contribute to an increase in   <--
    25     mortality or an increase in morbidity in either an individual
    26     or the total population; or
    27         (2)  pose a SUBSTANTIAL present or potential hazard to     <--
    28     human health or the environment when IMPROPERLY treated,       <--
    29     stored, transported, disposed of or otherwise managed.
    30  THE TERM "HAZARDOUS WASTE" SHALL NOT INCLUDE COAL REFUSE AS       <--
    19790H1840B3429                  - 7 -

     1  DEFINED IN THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318),
     2  KNOWN AS THE "COAL REFUSE DISPOSAL CONTROL ACT." "HAZARDOUS
     3  WASTE" SHALL NOT INCLUDE TREATMENT SLUDGES FROM COAL MINE
     4  DRAINAGE TREATMENT PLANTS, DISPOSAL OF WHICH IS BEING CARRIED ON
     5  PURSUANT TO AND IN COMPLIANCE WITH A VALID PERMIT ISSUED
     6  PURSUANT TO THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN
     7  AS "THE CLEAN STREAMS LAW."
     8     "Industrial establishment."  Any establishment engaged in
     9  manufacturing or processing, including, but not limited to
    10  factories, foundries, mills, processing plants, refineries,
    11  mines and slaughterhouses.
    12     "Institutional establishment."  Any establishment engaged in
    13  service, including, but not limited to, hospitals, nursing
    14  homes, orphanages, schools and universities.
    15     "Management."  The entire process, or any part thereof, of
    16  storage, collection, transportation, processing, treatment, and
    17  disposal of solid wastes by any person engaging in such process.
    18     "Manifest system."  A written record identifying the
    19  quantity, composition, origin, routing, and destination of
    20  hazardous waste from the point of generation to the point of
    21  disposal, treatment or storage.
    22     "Mine."  Any deep or surface mine, whether active, inactive
    23  or abandoned.
    24     "Mining."  The process of the extraction of minerals from the
    25  earth or from waste or stockpiles or from pits or banks.
    26     "Municipality."  A city, borough, incorporated town, township
    27  or county or any authority created by any of the foregoing.
    28     "Municipal waste."  Any garbage, refuse, INDUSTRIAL LUNCHROOM  <--
    29  OR OFFICE WASTE and other material including solid, liquid,
    30  semisolid or contained gaseous material resulting from operation
    19790H1840B3429                  - 8 -

     1  of residential, municipal, commercial or institutional
     2  establishments and from community activities and any sludge not
     3  meeting the definition of residual or hazardous waste hereunder
     4  from a municipal, commercial or institutional water supply
     5  treatment plant, waste water treatment plant, or air pollution
     6  control facility.
     7     "Normal farming operations."  The customary and generally
     8  accepted activities, practices and procedures that farms adopt,
     9  use, or engage in year after year in the production and
    10  preparation for market of poultry, livestock, and their
    11  products; and in the production, harvesting and preparation for
    12  market of agricultural, agronomic, horticultural, silvicultural
    13  and aquicultural crops and commodities; provided that such
    14  operations are conducted in compliance with applicable laws, and
    15  provided that the use or disposal of these materials will not
    16  pollute the air, water, or other natural resources of the
    17  Commonwealth., nor adversely affect the public health, welfare    <--
    18  or safety. It includes the storage and utilization of
    19  agricultural and food process wastes for animal feed, and
    20  includes the agricultural utilization of septic tank cleanings
    21  and sewage sludges which are generated off-site. It includes the
    22  management, collection, storage, transportation, use or disposal
    23  of manure, other agricultural waste and food processing waste on
    24  land where such materials will improve the condition of the
    25  soil, the growth of crops, or in the restoration of the land for
    26  the same purposes.
    27     "Person."  Any individual, partnership, corporation,
    28  association, institution, cooperative enterprise, municipal
    29  authority, Federal Government or agency, State institution and
    30  agency (including, but not limited to, the Department of General
    19790H1840B3429                  - 9 -

     1  Services and the State Public School Buildings Authority),
     2  including municipalities as defined hereunder or any other legal  <--
     3  entity whatsoever which is recognized by law as the subject of
     4  rights and duties. In any provisions of this act prescribing a
     5  fine, imprisonment or penalty, or any combination of the
     6  foregoing, the term "person" shall include the officers and
     7  directors of any corporation or other legal entity having
     8  officers and directors.
     9     "POINT SOURCES SUBJECT TO PERMITS UNDER § 402 OF THE FEDERAL   <--
    10  WATER POLLUTION CONTROL ACT." POINT SOURCE DISCHARGES FOR WHICH
    11  VALID AND CURRENT PERMITS HAVE BEEN ISSUED UNDER § 402 OF THE
    12  FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86 STAT.880) TO
    13  THE EXTENT THAT SUCH DISCHARGES ARE AUTHORIZED BY SAID PERMITS.
    14     "Pollution."  Contamination of any air, water, land or other
    15  natural resources of the Commonwealth such as will create or is
    16  likely to create a PUBLIC nuisance or to render such air, water,  <--
    17  land or other natural resources harmful, detrimental or
    18  injurious to public health, safety or welfare, or to domestic,
    19  municipal, commercial, industrial, agricultural, recreational or
    20  other legitimate beneficial uses, or to livestock, wild animals,
    21  birds, fish or other life.
    22     "Processing."  Any technology used for the purpose of
    23  reducing the volume or bulk of municipal or residual waste or
    24  any technology used to convert part or all of such waste
    25  materials for OFF-SITE reuse. Processing facilities include but   <--
    26  are not limited to transfer facilities, composting facilities,
    27  and resource recovery facilities.
    28     "Residual waste."  Any garbage, refuse, OTHER DISCARDED        <--
    29  MATERIAL or other waste including solid, liquid, semisolid, or
    30  contained gaseous materials resulting from industrial, mining
    19790H1840B3429                 - 10 -

     1  and agricultural operations and any sludge from an industrial,
     2  mining or agricultural water supply treatment facility, waste
     3  water treatment facility or air pollution control facility,
     4  provided that it is not hazardous. THE TERM "RESIDUAL WASTE"      <--
     5  SHALL NOT INCLUDE COAL REFUSE AS DEFINED IN THE "COAL REFUSE
     6  DISPOSAL CONTROL ACT." "RESIDUAL WASTE" SHALL NOT INCLUDE
     7  TREATMENT SLUDGES FROM COAL MINE DRAINAGE TREATMENT PLANTS,       <--
     8  DISPOSAL OF WHICH IS BEING CARRIED ON PURSUANT TO AND IN
     9  COMPLIANCE WITH A VALID PERMIT ISSUED PURSUANT TO "THE CLEAN
    10  STREAMS LAW."
    11     "Secretary."  The Secretary of the Department of
    12  Environmental Resources of the Commonwealth of Pennsylvania.
    13     "Solid waste."  Any waste, including but not limited to,
    14  municipal, residual or hazardous wastes, including solid,
    15  liquid, semisolid or contained gaseous materials.
    16     "Storage."  The containment of any waste on a temporary basis
    17  in such a manner as not to constitute disposal of such waste. It
    18  shall be presumed that the containment of any waste in excess of
    19  one year constitutes disposal. This presumption can be overcome
    20  by clear and convincing evidence to the contrary. however, it     <--
    21  shall be conclusive presumption that the storage of wastes in
    22  excess of three years constitutes disposal.
    23     "Transportation."  The OFF-SITE removal of any solid waste at  <--
    24  any time after generation.
    25     "Treatment."  Any method, technique, or process, including
    26  neutralization, designed to change the physical, chemical, or
    27  biological character or composition of any waste so as to
    28  neutralize such waste or so as to render such waste
    29  nonhazardous, safer for transport, suitable for recovery,
    30  suitable for storage, or reduced in volume. Such term includes
    19790H1840B3429                 - 11 -

     1  any activity or processing designed to change the physical form
     2  or chemical composition of waste so as to render it neutral or
     3  nonhazardous.
     4  Section 104.  Powers and duties of the department.
     5     The department in consolidation CONSULTATION with the          <--
     6  Department of Health regarding matters of public health
     7  significance shall have the power and its duty shall be to:
     8         (1)  administer the solid waste management program
     9     pursuant to the provisions of this act;
    10         (2)  cooperate with appropriate Federal, State,
    11     interstate and local units of government and with appropriate
    12     private organizations in carrying out its duties under this
    13     act;
    14         (3)  develop a Statewide solid waste management plan in
    15     cooperation with local governments, the Department of
    16     Community Affairs, THE DEPARTMENT OF COMMERCE and the State    <--
    17     Planning Board; emphasis shall be given to area-wide
    18     planning;
    19         (4)  provide technical assistance to municipalities
    20     including the training of personnel;
    21         (5)  initiate, conduct, and support research,
    22     demonstration projects, and investigations, and coordinate
    23     all State agency research programs, pertaining to solid waste
    24     management systems;
    25         (6)  regulate the storage, collection, transportation,
    26     processing, treatment and disposal of solid waste;
    27         (7)  issue permits, licenses and orders, and specify the
    28     terms and conditions thereof, and conduct inspections and
    29     abate public nuisances to implement the purposes and
    30     provisions of this act and the rules, regulations and
    19790H1840B3429                 - 12 -

     1     standards adopted pursuant to this act;
     2         (8)  require the payment of a fee ACCORDING TO A STANDARD  <--
     3     UNIFORM SCHEDULE OF PERMIT AND LICENSE FEES for the
     4     processing of any permit or license application. Permit and
     5     license fees shall be in an amount sufficient to cover the
     6     aggregate cost of reviewing all applications, acting on all
     7     applications, processing all renewals, and administering all
     8     the terms and conditions of all permits and all provisions of
     9     this act RELATING THERETO;                                     <--
    10         (9)  serve as the agency of the Commonwealth for the
    11     receipt of moneys from the Federal government or other public
    12     agencies or private agencies and expend such moneys for
    13     studies and research with respect to, and for the enforcement
    14     and administration of, the purposes and provisions of this
    15     act and the rules and regulations promulgated thereunder;
    16         (10)  institute in a court of competent jurisdiction,
    17     proceedings against any person or municipality to compel
    18     compliance with the provisions of this act, any rule or
    19     regulation issued thereunder, any order of the department, or
    20     the terms and conditions of any permit;
    21         (11)  institute prosecutions against any person or
    22     municipality under this act;
    23         (12)  appoint such advisory committees as the secretary
    24     deems necessary and proper to assist the department in
    25     carrying out the provisions of this act. The secretary is
    26     authorized to pay reasonable and necessary expenses incurred
    27     by the members of such advisory committees in carrying out
    28     their functions; and                                           <--
    29         (13)  do any and all other acts and things not
    30     inconsistent with any provision of this act, which it may
    19790H1840B3429                 - 13 -

     1     deem necessary or proper for the effective enforcement of
     2     this act and the rules or regulations which may be
     3     promulgated hereunder AFTER CONSULTING WITH THE DEPARTMENT OF  <--
     4     HEALTH REGARDING MATTERS OF PUBLIC HEALTH SIGNIFICANCE;
     5         (14)  DEVELOP, PREPARE AND SUBMIT TO THE ENVIRONMENTAL
     6     QUALITY BOARD, WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF
     7     THIS ACT, ITS PROPOSED PENNSYLVANIA HAZARDOUS WASTE
     8     FACILITIES PLAN;
     9         (15)  DEVELOP, PREPARE AND PUBLISH IN THE PENNSYLVANIA
    10     BULLETIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT ITS
    11     PRELIMINARY ENVIRONMENTAL, SOCIAL AND ECONOMIC CRITERIA AND    <--
    12     STANDARDS FOR SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL
    13     FACILITIES;
    14         (16)  REQUIRE THE PAYMENT OF SUCH ANNUAL INSPECTION FEES
    15     AND PERFORM SUCH INSPECTIONS OF HAZARDOUS WASTE TREATMENT AND
    16     DISPOSAL FACILITIES EXCLUDING CAPTIVE FACILITIES AS ARE        <--
    17     PROVIDED FOR IN THE ENVIRONMENTAL QUALITY BOARD GUIDELINES
    18     ADOPTED PURSUANT TO SECTION 105(E)., AND REQUESTED BY THE      <--
    19     MUNICIPALITY IN WHICH THE FACILITY IS LOCATED. THIS PROVISION
    20     SHALL NOT BE CONSTRUED TO LIMIT OR RESTRICT THE DEPARTMENT'S
    21     INSPECTION POWERS AS ELSEWHERE SET FORTH IN THIS ACT; AND
    22         (17)  ADMINISTER FUNDS COLLECTED BY THE UNITED STATES
    23     GOVERNMENT AND GRANTED TO PENNSYLVANIA FOR THE PURPOSE OF
    24     CLOSING, MAINTAINING OR MONITORING ABANDONED OR CLOSED
    25     HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL SITES
    26     EXCLUDING CAPTIVE FACILITIES AND FOR THE PURPOSE OF ACTION TO  <--
    27     ABATE OR PREVENT POLLUTION AT SUCH SITES. IF CONGRESS HAS NOT
    28     AUTHORIZED THE COLLECTION OF SUCH FUNDS WITHIN ONE YEAR AFTER
    29     THE EFFECTIVE DATE OF THIS ACT, OR IF THE DEPARTMENT FINDS
    30     THAT THE FUNDING PROGRAM AUTHORIZED IS INADEQUATE, THE
    19790H1840B3429                 - 14 -

     1     DEPARTMENT SHALL TRANSMIT TO THE GENERAL ASSEMBLY WITHIN 15
     2     MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT A PROPOSAL FOR
     3     THE ESTABLISHMENT OF A FUND IN PENNSYLVANIA COMPRISED OF
     4     SURCHARGES COLLECTED FROM USERS OF HAZARDOUS WASTE STORAGE,
     5     TREATMENT AND DISPOSAL FACILITIES EXCLUDING CAPTIVE
     6     FACILITIES IN THE COMMONWEALTH. SUCH FUND SHALL BE PROPOSED
     7     FOR THE PURPOSE OF CLOSING, MAINTAINING OR MONITORING
     8     HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL SITES
     9     EXCLUDING CAPTIVE FACILITIES WHICH HAVE BEEN ABANDONED OR
    10     WHICH HAVE BEEN CLOSED FOR AT LEAST 20 YEARS, AND FOR THE
    11     PURPOSE OF TAKING ACTION TO ABATE OR PREVENT POLLUTION AT
    12     SUCH CLOSED OR ABANDONED SITES.
    13  Section 105.  Powers and duties of the Environmental Quality
    14                Board.
    15     (a)  The Environmental Quality Board shall have the power and
    16  its duty shall be to adopt the rules and regulations of the
    17  department to accomplish the purposes and to carry out the
    18  provisions of this act, including but not limited to the
    19  establishment of rules and regulations relating to the
    20  protection of safety, health, welfare and property of the public
    21  and the air, water and other natural resources of the
    22  Commonwealth.
    23     (b)  The Environmental Quality Board shall, by regulation,
    24  set the term of expiration of permits and licenses appropriate
    25  to the category of the permit or license.
    26     (c)  The Environmental Quality Board shall have the power and
    27  its duty shall be to adopt rules and regulations AND STANDARDS    <--
    28  to provide for the coordination of administration and
    29  enforcement of this act between the Department of Environmental
    30  Resources and county health departments WHERE THEY EXIST.         <--
    19790H1840B3429                 - 15 -

     1     (D)  THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND
     2  ITS DUTY SHALL BE TO ADOPT A PENNSYLVANIA HAZARDOUS WASTE
     3  FACILITIES PLAN.
     4     (E)  THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND
     5  ITS DUTY SHALL BE TO ADOPT GUIDELINES WHICH SHALL:
     6         (1)  PROVIDE FOR THE NECESSARY INSPECTION OF HAZARDOUS
     7     WASTE TREATMENT AND DISPOSAL FACILITIES EXCLUDING CAPTIVE      <--
     8     FACILITIES CONSIDERING THE DEGREE OF HAZARD AND THE QUANTITY
     9     OF WASTES HANDLED.
    10         (2)  ESTABLISH AN INSPECTION FEE BASED ON THE FREQUENCY
    11     OF INSPECTION PROVIDED FOR IN PARAGRAPH (1).
    12         (3)  ENCOURAGE COOPERATIVE AGREEMENTS BETWEEN LOCAL
    13     COMMUNITIES AND THE HAZARDOUS WASTE FACILITY OPERATORS TO
    14     MINIMIZE LOCAL CONCERNS REGARDING THE OPERATION OF THE
    15     FACILITY.
    16         (4)  PROVIDE FOR THE NECESSARY INSPECTION OF CAPTIVE       <--
    17     TREATMENT OR DISPOSAL FACILITIES CONSIDERING THE DEGREE OF
    18     HAZARD AND THE QUANTITY OF WASTES HANDLED. SUCH PROVISION
    19     SHALL BE PROMULGATED BY THE BOARD ONLY AT THE REQUEST OF THE
    20     MUNICIPALITY IN WHICH THE CAPTIVE TREATMENT OR DISPOSAL
    21     FACILITY IS LOCATED.
    22         (5)  ESTABLISH AN INSPECTION FEE FOR CAPTIVE FACILITIES
    23     BASED ON THE FREQUENCY OF INSPECTION PROVIDED FOR IN
    24     PARAGRAPH (4).
    25     (F)  IN ADDITION TO EXERCISING ITS POWERS AND DUTIES UNDER
    26  SECTION 1920-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
    27  KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," THE ENVIRONMENTAL
    28  QUALITY BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO
    29  ASSIST IN THE IMPLEMENTATION OF THE PENNSYLVANIA HAZARDOUS WASTE
    30  FACILITIES PLAN THROUGH THE ISSUANCE OF CERTIFICATES OF PUBLIC
    19790H1840B3429                 - 16 -

     1  NECESSITY FOR THE ESTABLISHMENT OF HAZARDOUS WASTE TREATMENT OR
     2  DISPOSAL FACILITIES. ANY PERSON PRIOR TO APPLYING FOR A
     3  CERTIFICATE OF NECESSITY SHALL HAVE OBTAINED ALL PERMITS FROM
     4  THE DEPARTMENT OF THE FEDERAL AGENCY AUTHORIZED TO ISSUE SUCH
     5  PERMITS IN THE COMMONWEALTH AND SHALL HAVE IMPLEMENTED ALL
     6  IMPACT ASSESSMENTS AND PUBLIC PARTICIPATION PROGRAMS. IN ISSUING
     7  CERTIFICATES OF PUBLIC NECESSITY THE ENVIRONMENTAL QUALITY BOARD
     8  SHALL:
     9         (1)  PRESCRIBE THE FORM AND CONTENT OF APPLICATIONS FOR A
    10     CERTIFICATE OF PUBLIC NECESSITY TO OPERATE A HAZARDOUS WASTE
    11     TREATMENT OR DISPOSAL FACILITY.
    12         (2)  REQUIRE THE PAYMENT OF A FEE FOR THE PROCESSING OF
    13     ANY APPLICATION FOR A CERTIFICATE OF PUBLIC NECESSITY. FEES
    14     SHALL BE IN AN AMOUNT SUFFICIENT TO COVER THE AGGREGATE COST
    15     OF REVIEWING THE APPLICATION AND ACTING ON IT.
    16         (3)  ISSUE SUCH CERTIFICATES OF PUBLIC NECESSITY FOR THE
    17     OPERATION OF HAZARDOUS WASTE TREATMENT AND DISPOSAL
    18     FACILITIES AS ARE WARRANTED BY:
    19             (I)  THE EXTENT TO WHICH THE FACILITY IS IN
    20         CONFORMANCE WITH THE PENNSYLVANIA HAZARDOUS WASTE
    21         FACILITIES PLAN;
    22             (II)  THE IMPACT OF THE PROPOSED FACILITY ON ADJACENT
    23         POPULATED AREAS AND AREAS THROUGH WHICH WASTES ARE
    24         TRANSPORTED TO SUCH FACILITY;
    25             (III)  THE IMPACT ON THE BOROUGH, TOWNSHIP, TOWN OR
    26         CITY IN WHICH THE FACILITY IS TO BE LOCATED IN TERMS OF
    27         HEALTH, SAFETY, COST AND CONSISTENCY WITH LOCAL PLANNING;
    28         AND
    29             (IV)  THE EXTENT TO WHICH THE PROPOSED FACILITY HAS
    30         BEEN THE SUBJECT OF A PUBLIC PARTICIPATION PROGRAM IN
    19790H1840B3429                 - 17 -

     1         WHICH CITIZENS HAVE HAD A MEANINGFUL OPPORTUNITY TO
     2         PARTICIPATE IN EVALUATION OF ALTERNATE SITES OR
     3         TECHNOLOGIES, DEVELOPMENT OF SITING CRITERIA,
     4         SOCIOECONOMIC ASSESSMENT, AND ALL OTHER PHASES OF THE
     5         SITE SELECTION PROCESS.
     6         (4)  PROVIDE THE PUBLIC WITH OPPORTUNITIES TO COMMENT
     7     UPON THE APPLICATION FOR CERTIFICATE OF PUBLIC NECESSITY AND
     8     CONSIDER THE COMMENTS SUBMITTED.
     9         (5)  ACCEPT APPLICATIONS FOR CERTIFICATES OF PUBLIC
    10     NECESSITY ONLY FROM PERSONS OR MUNICIPALITIES WHICH HAVE
    11     OBTAINED THE NECESSARY SOLID WASTE TREATMENT OR DISPOSAL
    12     PERMITS FROM THE DEPARTMENT OR FROM THE FEDERAL AGENCY
    13     AUTHORIZED TO ISSUE SUCH PERMITS IN THE COMMONWEALTH.
    14     (G)  IN CARRYING OUT THE POWERS AND DUTIES SET FORTH IN THIS
    15  SUBSECTION, THE BOARD MAY CONSULT WITH ANY PERSON AND HOLD ANY
    16  HEARINGS WHICH IT DEEMS NECESSARY AND PROPER TO ENABLE IT TO
    17  RENDER A DECISION TO ISSUE OR DENY THE CERTIFICATE OF PUBLIC
    18  NECESSITY AND IN ANY SUCH HEARING THE BOARD SHALL BE REPRESENTED
    19  BY A MINIMUM OF THREE MEMBERS.
    20     (H)  ISSUANCE OF A CERTIFICATE OF PUBLIC NECESSITY UNDER THIS
    21  SECTION SHALL SUSPEND AND SUPERSEDE ANY AND ALL LOCAL LAWS WHICH
    22  WOULD PRECLUDE OR PROHIBIT THE ESTABLISHMENT OF A HAZARDOUS
    23  WASTE TREATMENT OR DISPOSAL FACILITY AT SAID SITE, INCLUDING
    24  ZONING ORDINANCES. THE SUSPENSION AND SUPERSESSION IS EXPLICITLY
    25  EXTENDED TO ANY PERSON TO WHOM SUCH CERTIFICATES ISSUED FOR THE
    26  PURPOSE OF HAZARDOUS WASTE TREATMENT OR DISPOSAL, AND TO THE
    27  SUCCESSORS AND ASSIGNS OF SUCH PERSON.
    28     (I)  DURING ALL DELIBERATIONS OF THE BOARD A REPRESENTATIVE
    29  OF THE COUNTY AND TOWNSHIP, BOROUGH OR MUNICIPALITY AFFECTED      <--
    30  WILL BE INVITED TO PARTICIPATE.
    19790H1840B3429                 - 18 -

     1     (J)  REGULATIONS PROMULGATED UNDER THIS SECTION CONCERNING
     2  THE GENERATION, TRANSPORTATION, STORAGE, TREATMENT AND DISPOSAL
     3  OF HAZARDOUS WASTES MAY, TO THE EXTENT CONSISTENT WITH FEDERAL
     4  REGULATIONS PROMULGATED UNDER THE RESOURCE CONSERVATION AND
     5  RECOVERY ACT, ESTABLISH CLASSES OF HAZARDOUS WASTES TAKING INTO
     6  ACCOUNT THE RELATIVE AVAILABILITY TO THE ENVIRONMENT OF THE
     7  HAZARDOUS CONSTITUENTS IN WASTE MATERIALS AND THE DEGREE OF
     8  HAZARD THEREBY PRESENTED.
     9  Section 106.  Powers and duties of county health departments;
    10                limitation.
    11     (a)  The county health department WHERE IT EXISTS of each of   <--
    12  the counties of the Commonwealth shall have the power and its     <--
    13  duty shall be to administer and enforce the provisions of this
    14  act together with the Department of Environmental Resources. MAY  <--
    15  ELECT TO ADMINISTER AND ENFORCE ANY OF THE PROVISIONS OF THIS
    16  ACT TOGETHER WITH THE DEPARTMENT IN ACCORDANCE WITH THE           <--
    17  ESTABLISHED POLICIES, PROCEDURES, GUIDELINES, STANDARDS AND
    18  RULES AND REGULATIONS OF THE DEPARTMENT. WHERE THIS PROGRAM
    19  ACTIVITY EXCEEDS THE MINIMUM PROGRAM REQUIREMENTS ADOPTED BY THE
    20  ADVISORY HEALTH BOARD UNDER THE PROVISIONS OF THE ACT OF AUGUST
    21  24, 1951 (P.L.1304, NO.315), KNOWN AS THE "LOCAL HEALTH
    22  ADMINISTRATION LAW," SUCH ACTIVITY MAY BE FUNDED THROUGH
    23  CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT. THE DEPARTMENT IS
    24  AUTHORIZED TO PROVIDE FUNDS TO COUNTY HEALTH DEPARTMENTS FROM
    25  FUNDS APPROPRIATED FOR THIS PURPOSE BY THE GENERAL ASSEMBLY.
    26     (b)  Notwithstanding the grant of powers in subsection (a),
    27  in any case where administration and enforcement of this act by
    28  a county health department shall conflict with administration
    29  and enforcement by the Department of Environmental Resources,
    30  administration and enforcement by the Department of
    19790H1840B3429                 - 19 -

     1  Environmental Resources shall take precedence over
     2  administration and enforcement by a county health department.
     3  Section 107.  Legislative oversight.
     4     (a)  Prior to the promulgation of proposed regulations         <--
     5  relating to this act, the Environmental Quality Board shall
     6  submit such proposed regulations to the Joint Legislative Air
     7  and Water Pollution Control and Conservation Committee.
     8     (b)  Upon submission of the proposed regulations to the
     9  committee, the committee shall have 60 days in which to approve,
    10  modify or veto the proposed regulations. If the committee takes
    11  no action within the 60-day period, the regulations shall be
    12  deemed to have been approved by the committee. If the committee
    13  vetoes the proposed regulations or otherwise raises objections,
    14  the board shall withdraw the proposed regulations, or modify
    15  them in such a manner as shall be approved by the committee.
    16  Upon approval by the committee or the expiration of the 60-day
    17  period with no action, the board may proceed to deposit the
    18  proposed regulations for publication in the Pennsylvania
    19  Bulletin in the manner provided by law.
    20     AT LEAST 30 DAYS PRIOR TO CONSIDERATION BY THE ENVIRONMENTAL   <--
    21  QUALITY BOARD OF DRAFT REGULATIONS FOR PROPOSED RULEMAKING, THE
    22  DEPARTMENT SHALL SUBMIT SUCH DRAFT REGULATIONS TO THE SENATE
    23  ENVIRONMENTAL RESOURCES AND HOUSE CONSERVATION COMMITTEES OF THE
    24  GENERAL ASSEMBLY FOR THEIR REVIEW AND COMMENT.
    25  SECTION 108.  POWERS AND DUTIES OF THE ENVIRONMENTAL HEARING
    26                BOARD.
    27     IN ADDITION TO EXERCISING ITS POWERS AND DUTIES TO HOLD
    28  HEARINGS AND ISSUE ADJUDICATIONS OR ANY ORDER, PERMIT, LICENSE
    29  OR DECISION OF THE DEPARTMENT ACCORDING TO THE PROVISIONS OF
    30  "THE ADMINISTRATIVE CODE OF 1929" AND THE ADMINISTRATIVE AGENCY
    19790H1840B3429                 - 20 -

     1  LAW, THE ENVIRONMENTAL HEARING BOARD SHALL HAVE THE POWER AND
     2  ITS DUTY SHALL BE TO HOLD, IF REQUESTED TO DO SO BY ANY PERSON    <--
     3  OR MUNICIPALITY RECEIVING PARTY TO A DULY PERFECTED APPEAL OF AN
     4  ORAL ORDER UNDER SECTION 602(D), TO HOLD A HEARING ON THE ANY     <--
     5  DULY FILED PETITION FOR SUPERSEDEAS OF SUCH ORDER WITHIN SIX
     6  BUSINESS DAYS OF THE RECEIPT OF SUCH ORDER REQUEST BY THE BOARD.  <--
     7                             ARTICLE II
     8                          MUNICIPAL WASTE
     9  Section 201.  Submission of plans; permits.
    10     (a)  No person or municipality shall store, collect,
    11  transport, process, or dispose of municipal waste within this
    12  Commonwealth unless such storage, collection, transportation,
    13  processing or disposal is authorized by the rules and
    14  regulations of the department and no person or municipality
    15  shall own or operate a municipal waste processing or disposal
    16  facility unless such person or municipality has first obtained a
    17  permit for such facility from the department.
    18     (b)  Each municipality with a population density of 300 or     <--
    19  more inhabitants per square mile and each municipality with a
    20  population density of less than 300 wherein the department has
    21  identified a waste problem or a potential waste problem WITH A    <--
    22  POPULATION DENSITY OF 300 OR MORE INHABITANTS PER SQUARE MILE
    23  AND EACH MUNICIPALITY WITH A POPULATION DENSITY OF LESS THAN 300
    24  WHEREIN THE DEPARTMENT HAS IDENTIFIED A WASTE PROBLEM OR A
    25  POTENTIAL WASTE PROBLEM shall submit to the department an
    26  officially adopted plan for a municipal waste management system
    27  or systems serving the areas within its jurisdiction within two
    28  years of the effective date of this section, and shall, from
    29  time to time, submit such revisions of said plan as it deems
    30  necessary or as the department may require. NOTHING IN THIS       <--
    19790H1840B3429                 - 21 -

     1  SUBSECTION SHALL PROHIBIT SUCH A MUNICIPALITY FROM REQUESTING
     2  THE COUNTY IN WHICH IT IS LOCATED, AND THE COUNTY OR AN AGENCY
     3  IT DESIGNATES FROM AGREEING, TO PERFORM THIS FUNCTION IN ITS
     4  BEHALF. WHENEVER A COUNTY PREPARES AND ADOPTS SUCH A SOLID WASTE
     5  MANAGEMENT PLAN AND REVISIONS THERETO, IT SHALL PROVIDE FOR THE
     6  PARTICIPATION AND REVIEW OF ALL AFFECTED MUNICIPALITIES.
     7  WHENEVER A CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP PREPARES
     8  ITS OWN SOLID WASTE MANAGEMENT PLAN OR REVISIONS THERETO, IT
     9  SHALL PROVIDE FOR REVIEW BY THE COUNTY PRIOR TO ADOPTION. ALL
    10  SOLID WASTE MANAGEMENT PLANS AND SUBSEQUENT REVISIONS SHALL
    11  BECOME OFFICIAL UPON FORMAL ADOPTION BY THE GOVERNING BODY OF
    12  THE MUNICIPALITY AND APPROVAL AND CERTIFICATION BY THE
    13  DEPARTMENT.
    14     (c)  When more than one municipality has authority over an
    15  existing or proposed municipal waste management system or
    16  systems or any part thereof, the required plan or any revisions
    17  thereof shall be submitted jointly by the municipalities
    18  concerned or by an authority or county or by one or more of the
    19  municipalities with the concurrence of all the others. THE        <--
    20  AFFECTED MUNICIPALITIES.
    21     (d)  Every plan, and any revision thereof, shall delineate
    22  areas where municipal waste management systems are in existence
    23  and areas where the municipal waste management systems are
    24  planned to be available within a ten-year period.
    25     (e)  Every plan shall:
    26         (1)  Provide for the orderly extension of municipal waste
    27     management systems in a manner consistent with the needs and
    28     plans of the whole area, and in a manner which will not
    29     create a risk of pollution of the water, air, land or other
    30     natural resources of the Commonwealth, nor constitute a
    19790H1840B3429                 - 22 -

     1     public nuisance, and shall otherwise provide for the safe and
     2     sanitary disposal of municipal waste.
     3         (2)  Take into consideration all aspects of planning,
     4     zoning, population estimates, engineering and economics so as
     5     to delineate with precision those portions of the area which
     6     may reasonably be expected to be served by a municipal waste
     7     management system within ten years of the submission of the
     8     plan, as well as those areas where it is not reasonably
     9     foreseeable that a municipal waste management system will be
    10     needed within ten years of the submission of the plan.
    11         (3)  Take into consideration any existing State plan
    12     affecting the development, use and protection of air, water,
    13     land or other natural resources.
    14         (4)  Set forth a time schedule and proposed methods for
    15     financing the development, construction and operation of the
    16     planned municipal waste management systems, together with the
    17     estimated cost thereof.
    18         (5)  Include a provision for periodic revision of the
    19     plan.
    20         (6)  Include such other information as the department
    21     shall require.
    22     (f)  The plan shall be reviewed by appropriate official
    23  planning agencies within a municipality, including a planning
    24  agency with area-wide jurisdiction, if one exists, and the        <--
    25  county, COUNTY planning commission, AND COUNTY HEALTH DEPARTMENT  <--
    26  FOR CONSISTENCY WITH PROGRAMS OF PLANNING IF ONE EXISTS, of
    27  planning for the area, and all such reviews shall be transmitted
    28  to the department with the proper plan. In the event a review of
    29  any plan has not been transmitted by such planning agency or
    30  commission within 90 days of its submission to such agency or
    19790H1840B3429                 - 23 -

     1  commission, then such agency or commission shall be deemed to
     2  have waived its right to review the plan, and the department
     3  shall then review the plan for approval in the absence of the
     4  reviews of such planning agency or commission.
     5     (g)  The department is hereby authorized to approve or
     6  disapprove plans for municipal waste management systems
     7  submitted in accordance with this act. Any plan which has not
     8  been disapproved within one year 120 DAYS of the date of its      <--
     9  submission shall be deemed an approved plan, unless notice of
    10  pending investigation is given to the applicant by the
    11  department before expiration of the one-year 120-DAY period.      <--
    12     (h)  The department is hereby authorized to approve or
    13  disapprove revisions of plans for municipal waste management
    14  systems submitted in accordance with this act.
    15     (i)  The department is authorized to provide technical
    16  assistance to counties, municipalities and authorities in
    17  coordinating plans for municipal waste management systems
    18  required by this act, including revisions of such plans.
    19     (j)  The department may establish priorities for the time
    20  within which plans shall be submitted and may, in appropriate
    21  cases, require the submission of joint plans.
    22     (k)  The department may issue any order or may institute any
    23  appropriate legal or equitable action to compel municipalities
    24  to submit plans in accordance with this act and the rules,
    25  regulations and procedures of the department.
    26     (l)  The department may order, or obtain an injunction
    27  requiring municipalities to implement the plans which they have
    28  submitted, in accordance with this act and the rules,
    29  regulations and procedures of the department.
    30  Section 202.  Powers and duties of municipalities.
    19790H1840B3429                 - 24 -

     1     (a)  Each municipality shall be responsible for the
     2  collection, transportation, processing, and disposal of
     3  municipal waste which is generated or present within its
     4  boundaries and shall be responsible for implementing its
     5  approved plan as it relates to the storage, collection,
     6  transportation, processing, and disposal of its municipal
     7  wastes.
     8     (b)  In carrying out its responsibilities, any such
     9  municipality may adopt ordinances, regulations and standards for
    10  the storage and collection of municipal wastes which shall be
    11  not less stringent than, and not in violation of, the rules,
    12  regulations, standards, and procedures of the department for the
    13  storage, collection, transportation, processing and disposal of
    14  municipal waste. Any ordinances, regulations and standards so
    15  adopted shall be made a part of the plan required in section
    16  201.
    17     (c)  Municipalities may contract with any person or other
    18  municipality to carry out their responsibilities for the
    19  collection, transportation, processing and disposal of municipal
    20  wastes, provided that the ultimate disposal is known to be at a
    21  site permitted to accept such waste, and provided, further, that
    22  no municipality may delegate the duties imposed by this section.
    23  IN CASES WHERE THE PLANNING AGENCY DETERMINES AND THE GOVERNING   <--
    24  BODY APPROVES THAT IT IS IN THE PUBLIC INTEREST FOR MUNICIPAL
    25  WASTES MANAGEMENT AND DISPOSAL TO BE A PUBLIC FUNCTION, THE PLAN
    26  SHALL PROVIDE FOR THE MECHANISMS. MUNICIPALITIES ARE AUTHORIZED
    27  TO REQUIRE BY ORDINANCE THAT ALL MUNICIPAL WASTES GENERATED
    28  WITHIN THEIR JURISDICTION SHALL BE DISPOSED AT A DESIGNATED
    29  FACILITY.
    30  Section 203.  Grants authorized.
    19790H1840B3429                 - 25 -

     1     (a)  The department is authorized to assist municipalities by
     2  administering grants to pay up to 50% of the costs of preparing   <--
     3  official plans for municipal waste management systems in
     4  accordance with the requirements of this act and the rules,
     5  regulations, and standards adopted pursuant to this act, and for
     6  carrying out related studies, surveys, investigations,
     7  inquiries, research and analyses.
     8     (b)  All grants shall be made from funds appropriated for
     9  this purpose by the General Assembly.
    10                            ARTICLE III
    11                           RESIDUAL WASTE
    12  Section 301.  Management of residual waste.
    13     No person or municipality shall store, transport, process, or
    14  dispose of residual waste within this Commonwealth unless such
    15  storage, OR transportation, IS CONSISTENT WITH OR SUCH            <--
    16  processing or disposal is authorized by the rules and
    17  regulations of the department and no person or municipality
    18  shall own or operate a residual waste processing or disposal
    19  facility unless such person or municipality has first obtained a
    20  permit for such facility from the department.
    21  Section 302.  Disposal, processing and storage of residual waste.
    22     (a)  It shall be unlawful for any person or municipality to
    23  dispose, process, store, or permit the disposal, processing or
    24  storage of any residual waste in a manner which is contrary to
    25  the rules and regulations of the department or to any permit or
    26  to the terms or conditions of any permit or any order issued by
    27  the department.
    28     (b)  It shall be unlawful for any person or municipality who
    29  stores, processes, or disposes of residual waste to fail to:
    30         (1)  Use such methods and facilities as are necessary to
    19790H1840B3429                 - 26 -

     1     prevent leaching CONTROL LEACHATE, runoff, discharges and      <--
     2     emissions from residual waste IN ACCORDANCE WITH DEPARTMENT    <--
     3     REGULATIONS.
     4         (2)  Use such methods and facilities as are necessary to
     5     prevent the harmful or hazardous mixing of wastes. or such     <--
     6     mixing as may render disposal in compliance with this act
     7     impracticable.
     8         (3)  Design, construct, operate and maintain facilities
     9     and areas in a manner which shall not adversely effect or
    10     endanger public health, safety and welfare or the environment
    11     or cause a public nuisance.
    12  Section 303.  Transportation of residual waste.
    13     (a)  It shall be unlawful for any person or municipality to
    14  transport or permit the transportation of residual waste:
    15         (1)  to any processing or disposal facility within the
    16     Commonwealth unless such facility holds a permit issued by
    17     the department to accept such waste; or
    18         (2)  in a manner which is contrary to the rules and
    19     regulations of the department or any permit or the conditions
    20     of any permit or any order issued by the department.
    21     (b)  It shall be unlawful for any person or municipality who
    22  transports residual waste to fail to:
    23         (1)  use such methods, equipment and facilities as are
    24     necessary to transport residual waste in a manner which shall
    25     not adversely affect or endanger the environment or the
    26     public health, welfare and safety; and
    27         (2)  immediately notify the department of any spill or     <--
    28     accidental discharge of such waste and take immediate steps
    29     to contain and clean up the spill or discharge.
    30         (2)  TAKE IMMEDIATE STEPS TO CONTAIN AND CLEAN UP SPILLS   <--
    19790H1840B3429                 - 27 -

     1     OR ACCIDENTAL DISCHARGES OF SUCH WASTE, AND NOTIFY THE
     2     DEPARTMENT, PURSUANT TO DEPARTMENT REGULATIONS, OF ALL SPILLS
     3     OR ACCIDENTAL DISCHARGES WHICH OCCUR ON PUBLIC HIGHWAYS OR
     4     PUBLIC AREAS OR WHICH MAY ENTER THE WATERS OF THE
     5     COMMONWEALTH AS DEFINED BY THE ACT OF JUNE 22, 1937
     6     (P.L.1987, NO.394), KNOWN AS "THE CLEAN STREAMS LAW," OR ANY
     7     OTHER SPILL WHICH IS GOVERNED BY ANY NOTIFICATION
     8     REQUIREMENTS OF THE DEPARTMENT.
     9                             ARTICLE IV
    10                          HAZARDOUS WASTE
    11  Section 401.  Management of hazardous waste.
    12     (a)  No person or municipality shall store, transport, treat,  <--
    13  or dispose of hazardous waste within this Commonwealth unless
    14  such storage, transportation, treatment, or disposal is
    15  authorized by the rules and regulations of the department; no
    16  person or municipality shall own or operate a hazardous waste
    17  storage, treatment or disposal facility unless such person or
    18  municipality has first obtained a permit for the storage,
    19  treatment and disposal of hazardous waste from the department;
    20  and, no person or municipality shall transport hazardous waste
    21  within the Commonwealth unless such person or municipality has
    22  first obtained a license for the transportation of hazardous
    23  waste from the department.
    24     (b)  The storage, transportation, treatment, and disposal of   <--
    25  hazardous waste are hereby declared to be ultrahazardous
    26  activities, WHICH SUBJECT THE PERSON CARRYING ON THOSE            <--
    27  ACTIVITIES TO LIABILITY FOR HARM ALTHOUGH HE HAS EXERCISED
    28  UTMOST CARE TO PREVENT HARM, regardless whether such activities
    29  were conducted prior to the enactment hereof.
    30  Section 402.  Listing of hazardous waste.
    19790H1840B3429                 - 28 -

     1     The Environmental Quality Board shall establish rules and
     2  regulations identifying the characteristics of hazardous wastes
     3  and listing particular hazardous wastes which shall be subject
     4  to the provisions of this act. The list promulgated shall in no
     5  event prevent the department from regulating other wastes,
     6  which, although not listed, the department has determined to be
     7  hazardous; such regulation of hazardous wastes may be THE         <--
     8  DEPARTMENT OF ENVIRONMENTAL RESOURCES MAY REGULATE SUCH
     9  HAZARDOUS WASTES WHEN THE DEPARTMENT HAS DETERMINED SUCH WASTE
    10  POSES A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO THE HUMAN
    11  HEALTH OR THE ENVIRONMENT by any means including, but not
    12  limited to, issuance of orders and the imposition of terms and
    13  conditions of permits. THE BOARD SHALL IDENTIFY THE               <--
    14  CHARACTERISTICS OF HAZARDOUS WASTES AND LIST PARTICULAR
    15  HAZARDOUS WASTES WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS
    16  SECTION, WHICH INITIAL LIST SHALL NOT BE SUBJECT TO SECTION 107
    17  OF THIS ACT BUT SHALL BE PROMULGATED IN ACCORDANCE WITH SECTION
    18  204(3) (RELATING TO OMISSION OF NOTICE OF PROPOSED RULE MAKING)
    19  OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS
    20  THE COMMONWEALTH DOCUMENTS LAW.
    21  Section 403.  Generation, transportation, storage, treatment
    22                and disposal of hazardous waste.
    23     (a)  It shall be unlawful for any person or municipality who
    24  generates, transports or stores hazardous waste to transfer such
    25  waste unless such person or municipality complies with the rules
    26  and regulations of the department and the terms or conditions of
    27  any applicable permit or license and any applicable order issued
    28  by the department.
    29     (b)  It shall be unlawful for any person or municipality who
    30  generates, transports, stores, treats or disposes of hazardous
    19790H1840B3429                 - 29 -

     1  waste to fail to:
     2         (1)  Maintain such records as are necessary to accurately
     3     identify the quantities of hazardous waste generated, the
     4     constituents thereof which are significant in quantity or in
     5     potential harm to human health or the environment, the method
     6     of transportation and the disposition of such wastes; and
     7     where applicable, the source and delivery points of such
     8     hazardous waste.
     9         (2)  Label any containers used for the storage,
    10     transportation or disposal of such hazardous waste so as to
    11     identify accurately such waste.
    12         (3)  Use containers appropriate for such hazardous waste
    13     and for the activity undertaken.
    14         (4)  Furnish information on the general chemical
    15     composition of such hazardous waste to persons transporting,
    16     treating, storing or disposing of such wastes.
    17         (5)  Use a manifest system as required by the department
    18     to assure that all such hazardous waste generated is
    19     designated for treatment, storage or disposal in such
    20     treatment, storage or disposal facilities (other than
    21     facilities on the premises where the waste is generated,
    22     where the use of a manifest system is not necessary) approved
    23     by the department, as provided in this article.
    24         (6)  Transport hazardous waste for treatment, storage or
    25     disposal to such treatment, storage or disposal facilities
    26     which the shipper has designated on the manifest form as a
    27     facility permitted to receive such waste or as a facility not
    28     within the Commonwealth.
    29         (7)  Submit reports to the department at such times as
    30     the department deems necessary, listing out:
    19790H1840B3429                 - 30 -

     1             (i)  the quantities of hazardous waste generated
     2         during a particular time period; and
     3             (ii)  the method of disposal of all hazardous waste.
     4         (8)  Carry out transportation activities in compliance
     5     with the rules and regulations of the department and the
     6     Pennsylvania Department of Transportation.
     7         (9)  Treat, store and dispose of all such waste in
     8     accordance with the rules and regulations of the department
     9     and permits, permit conditions and orders of the department.
    10         (10)  Develop and implement contingency plans for
    11     effective action to minimize and abate hazards from any
    12     treatment, storage, transportation or disposal of any
    13     hazardous waste.
    14         (11)  Maintain such operation, train personnel, and
    15     assure financial responsibility for such storage, treatment
    16     or disposal operations to prevent adverse effects to the
    17     public health, safety and welfare and to the environment and
    18     to prevent public nuisances.
    19         (12)  Immediately notify the department and the affected
    20     municipality or municipalities of any spill or accidental
    21     discharge of such waste in accordance with a contingency plan
    22     approved by the department and take immediate steps to
    23     contain and clean up the spill or discharge.
    24     (c)  After January 1, 1981 any producer of any hazardous
    25  waste or any producer having a by-product of production which is
    26  a hazardous waste may be required by the department to submit to
    27  the department for its approval a plan relating to the disposal
    28  of such hazardous waste at either an on-site disposal area or an
    29  off-site disposal area BEFORE TRANSFERRING, TREATING OR           <--
    30  DISPOSING OF THIS WASTE.
    19790H1840B3429                 - 31 -

     1  Section 404.  Transition scheme.
     2     (A)  Any person or municipality who:                           <--
     3         (1)  owns or operates a hazardous waste storage or
     4     treatment facility required to have a permit under this act,
     5     which facility is in existence on the effective date of this
     6     act;
     7         (2)  has complied with the requirements of section
     8     501(c);
     9         (3)  has made an application for a permit under this act;
    10     and
    11         (4)  operates and continues to operate in such a manner
    12     as will not cause, or create a risk of, a health hazard, a
    13     public nuisance, or an adverse effect upon the environment;
    14  shall be treated as having been issued such permit until such
    15  time as a final departmental action on such application is made.
    16  In no instance shall such person or municipality continue to
    17  store or treat hazardous wastes without obtaining a permit from
    18  the department within two years after the date of enactment
    19  hereof.
    20     (B)  ANY PERSON OR MUNICIPALITY WHO:                           <--
    21         (1)  AS OF THE EFFECTIVE DATE OF THIS ACT TRANSPORTS
    22     HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND IS REQUIRED TO
    23     HAVE A LICENSE UNDER THIS ACT;
    24         (2)  HAS COMPLIED WITH THE REQUIREMENTS OF SECTION
    25     501(C);
    26         (3)  HAS MADE AN APPLICATION FOR A LICENSE UNDER THIS
    27     ACT; AND
    28         (4)  TRANSPORTS AND CONTINUES TO TRANSPORT IN SUCH A
    29     MANNER AS WILL NOT CAUSE, OR CREATE A RISK OF, A HEALTH
    30     HAZARD, A PUBLIC NUISANCE, OR AN ADVERSE EFFECT UPON THE
    19790H1840B3429                 - 32 -

     1     ENVIRONMENT; SHALL BE TREATED AS HAVING BEEN ISSUED SUCH
     2     LICENSE UNTIL SUCH TIME AS A FINAL DEPARTMENTAL ACTION ON
     3     SUCH APPLICATION IS MADE. IN NO INSTANCE SHALL SUCH PERSON OR
     4     MUNICIPALITY CONTINUE TO TRANSPORT HAZARDOUS WASTE WITHOUT
     5     OBTAINING A LICENSE FROM THE DEPARTMENT WITHIN TWO YEARS
     6     AFTER THE DATE OF ENACTMENT.
     7  Section 405.  Conveyance of disposal site property.
     8     After the effective date of this act, the grantor in every
     9  deed for the conveyance of property on which hazardous waste is
    10  presently being disposed, OR has ever been disposed BY THE        <--
    11  GRANTOR OR TO THE GRANTOR'S ACTUAL KNOWLEDGE or is suspected of   <--
    12  having been disposed shall include in the property description
    13  section of such deed an acknowledgement of such hazardous waste
    14  disposal; such acknowledgement to include to the extent such
    15  information is available, but not be limited to, the surface
    16  area size and exact location of the disposed waste and a
    17  description of the types of hazardous wastes contained therein.
    18  Such amended property description shall be made a part of the
    19  deed for all future conveyances or transfers of the subject
    20  property: PROVIDED, HOWEVER, THAT THE WARRANTY IN SUCH DEED       <--
    21  SHALL NOT BE APPLICABLE TO THE SURFACE AREA SIZE AND EXACT
    22  LOCATION OF THE DISPOSED WASTE AND A DESCRIPTION OF THE TYPES OF
    23  HAZARDOUS WASTES CONTAINED THEREIN.
    24                             ARTICLE V
    25                      APPLICATIONS AND PERMITS
    26  Section 501.  Permits and licenses required; transition scheme;
    27                reporting requirements.
    28     (a)  It shall be unlawful for any person or municipality to
    29  use, or continue to use, their land or the land of any other
    30  person or municipality as a solid waste processing, storage,
    19790H1840B3429                 - 33 -

     1  treatment or disposal area without first obtaining a permit from
     2  the department as required by this act: Provided, however, That
     3  this section shall not apply to the short-term storage of
     4  byproducts which are utilized in the processing or manufacturing
     5  of other products, to the extent that such byproducts are not
     6  hazardous, and do not create a public nuisance or adversely
     7  affect the air, water and other natural resources of the
     8  Commonwealth: And provided further, however, That the provisions
     9  of this section shall not apply to agricultural waste produced
    10  in the course of normal farming operations NOR THE USE OF FOOD    <--
    11  PROCESSING WASTES IN THE COURSE OF NORMAL FARMING OPERATIONS
    12  PROVIDED THAT SUCH WASTES ARE NOT CLASSIFIED BY THE BOARD AS
    13  HAZARDOUS.
    14     (b)  It shall be unlawful for any person or municipality to
    15  transport hazardous waste within the Commonwealth unless such
    16  person or municipality has first obtained a license from the
    17  department to conduct such transportation activities.
    18     (c)  Not later than 90 days after promulgation or revision of
    19  regulations under section 402 identifying by its characteristics
    20  or listing any substance as hazardous waste, any person or
    21  municipality generating or transporting such substance or owning
    22  or operating a facility for treatment, storage, or disposal of
    23  such substance shall file with the department a notification
    24  stating the location and general description of such activity
    25  and the identified or listed hazardous wastes handled by such
    26  person or municipality. Not more than one such notification
    27  shall be required to be filed with respect to the same
    28  substance. No identified or listed hazardous waste may be
    29  transported, treated, processed, stored or disposed of unless
    30  notification has been given as required under this subsection.
    19790H1840B3429                 - 34 -

     1  Section 502.  Permit and license application requirements.
     2     (a)  Application for any permit or license shall be in
     3  writing, shall be made on forms provided by the department and
     4  shall be accompanied by such plans, designs and relevant data as
     5  the department may require. Such plans, designs and data shall
     6  be prepared by a registered professional engineer.
     7     (b)  The application for a permit to operate a hazardous
     8  waste storage, treatment or disposal facility shall also be
     9  accompanied by a form, prepared and furnished by the department,
    10  containing the written consent of the landowner to entry upon
    11  any land to be affected by the proposed facility by the
    12  Commonwealth and by any of its authorized agents prior to and
    13  during operation of the facility and for 20 years after closure
    14  of the facility, for the purpose of inspection and for the
    15  purpose of any such pollution abatement or pollution prevention
    16  activities as the department deems necessary. Such forms shall
    17  be deemed to be recordable documents and prior to the initiation
    18  of operations under the permit, such forms shall be recorded and
    19  entered into the deed book (d.b.v.) indexing system at the
    20  office of the recorder of deeds in the counties in which the
    21  area to be affected under the permit is situated.
    22     (c)  All records, reports, or information contained in the
    23  hazardous waste storage, treatment or disposal facility permit
    24  application submitted to the department under this section shall
    25  be available to the public; except that the department shall
    26  consider a record, report or information or particular portion
    27  thereof, confidential in the administration of this act if the
    28  applicant can show cause that the records, reports or
    29  information, or a particular portion thereof (but not emission
    30  or discharge data or information concerning solid waste which is
    19790H1840B3429                 - 35 -

     1  potentially toxic in the environment), if made public, would
     2  divulge production or sales figures or methods, processes or
     3  production unique to such applicant or would otherwise tend to
     4  affect adversely the competitive position of such applicant by
     5  revealing trade secrets. Nothing herein shall be construed to
     6  prevent disclosure of such report, record or information to the
     7  Federal Government or other State agencies as may be necessary
     8  for purposes of administration of any Federal or State law.
     9     (d)  The application for a permit shall set forth the manner
    10  in which the operator plans to comply with the requirements of
    11  the act of June 25, 1913 (P.L.555, No.355), referred to as the    <--
    12  Water Obstructions Act, the act of June 22, 1937 (P.L.1987,
    13  No.394), known as "The Clean Streams Law," the act of May 31,
    14  1945 (P.L.1198, No.418), known  as the "Surface Mining
    15  Conservation and Reclamation Act," the act of January 8, 1960
    16  (1959 P.L.2119, No.787), known as the "Air Pollution Control
    17  Act," and the act of November 26, 1978 (P.L.1375, No.325), known
    18  as the "Dam Safety and Encroachments Act," as applicable. No
    19  approval shall be granted unless the plan provides for
    20  compliance with the statutes hereinabove enumerated, and failure
    21  to comply with the statutes hereinabove enumerated during
    22  construction and operation or thereafter shall render the
    23  operator liable to the sanctions and penalties provided in this
    24  act for violations of this act and to the sanctions and
    25  penalties provided in the statutes hereinabove enumerated for
    26  violations of such statutes. Such failure to comply shall be
    27  cause for revocation of any approval or permit issued by the
    28  department to the operator. Compliance with the provisions of
    29  this subsection and with the provisions of this act and the
    30  provisions of the statutes hereinabove enumerated shall not
    19790H1840B3429                 - 36 -

     1  relieve the operator of the responsibility for complying with
     2  the provisions of all other applicable statutes, including, but
     3  not limited to the act of July 17, 1961 (P.L.659, No.339), known
     4  as the "Pennsylvania Bituminous Coal Mine Act," the act of
     5  November 10, 1965 (P.L.721, No.346), known as the "Pennsylvania
     6  Anthracite Coal Mine Act," and the act of July 9, 1976 (P.L.931,
     7  No.178), entitled "An act providing emergency medical personnel;
     8  employment of emergency medical personnel and emergency
     9  communications in coal mines."
    10     (e)  The application for a permit shall certify that the
    11  operator has in force, or will, prior to the initiation of
    12  operations under the permit have in force, an ordinary public
    13  liability insurance policy in an amount to be prescribed by
    14  rules and regulations promulgated hereunder.
    15     (f)  The department may require such other information, and
    16  impose such other terms and conditions, as it deems necessary or
    17  proper to achieve the goals and purposes of this act.
    18     (G)  THE DEPARTMENT, UPON RECEIPT OF AN APPLICATION FOR A      <--
    19  PERMIT, SHALL GIVE WRITTEN NOTICE TO EACH AND EVERY MUNICIPALITY
    20  IN WHICH THE PROPOSED HAZARDOUS WASTE FACILITY WILL BE LOCATED.
    21  Section 503.  Granting, denying, renewing, modifying, revoking
    22                and suspending permits and licenses.
    23     (a)  Upon approval of the application, the department shall
    24  issue a permit for the operation of a solid waste storage,
    25  treatment, processing or disposal facility or area or a license
    26  for the transportation of hazardous wastes, as set forth in the
    27  application and further conditioned by the department.
    28     (b)  No permit shall be issued unless and until all
    29  applicable bonds have been posted with the department.
    30     (c)  In carrying out the provisions of this act, the
    19790H1840B3429                 - 37 -

     1  department may deny, suspend, modify, or revoke any permit or
     2  license if it finds that the applicant, permittee or licensee
     3  has failed or continues to fail to comply with any provision of
     4  this act, the act of June 25, 1913 (P.L.555, No.355), referred    <--
     5  to as the Water Obstructions Act, the act of June 22, 1937
     6  (P.L.1987, No.394), known as "The Clean Streams Law," the act of
     7  January 8, 1960 (1959 P.L.2119, No.787), known as the "Air
     8  Pollution Control Act," and the act of November 26, 1978
     9  (P.L.1375, No.325), known  as the "Dam Safety and Encroachments
    10  Act," or any other state or Federal statute relating to
    11  environmental protection or to the protection of the public
    12  health, safety and welfare; or any rule or regulation of the
    13  department; or any order of the department; or any condition of
    14  any permit or license issued by the department; or if the
    15  department finds that the applicant, permittee or licensee has
    16  shown a lack of ability or intention to comply with any
    17  provision of this act or any of the acts referred to in this
    18  subsection or any rule or regulation of the department or order
    19  of the department, or any condition of any permit or license
    20  issued by the department as indicated by past or continuing
    21  violations. In the case of a corporate applicant, permittee or
    22  licensee, the department may deny the issuance of a license or
    23  permit if it finds that a principal of the corporation was a
    24  principal of another corporation which committed past violations
    25  of this act.
    26     (d)  Any person or municipality which has engaged in unlawful
    27  conduct as defined in this act, or whose partner, associate,
    28  officer, parent corporation, subsidiary corporation, contractor,
    29  subcontractor or agent has engaged in such unlawful conduct,
    30  shall be denied any permit or license required by this act
    19790H1840B3429                 - 38 -

     1  unless the permit or license application demonstrates to the
     2  satisfaction of the department that the unlawful conduct has
     3  been corrected. Independent contractors and agents who are to
     4  operate under any permit shall be subject to the provisions of
     5  this act. Such independent contractors, agents and the permittee
     6  shall be jointly and severally liable, without regard to fault,
     7  for violations of this act which occur during the contractor's
     8  or agent's involvement in the course of operations.
     9     (e)  Any permit or license granted by the department, as
    10  provided in this act, shall be revocable or subject to
    11  modification or suspension at any time the department determines
    12  that the solid waste storage, treatment, processing or disposal
    13  facility or area or transportation of solid waste:
    14         (1)  is, or has been, conducted in violation of this act
    15     or the rules, regulations, adopted pursuant to the act;
    16         (2)  is creating a public nuisance;
    17         (3)  is creating a potential hazard to the public health,
    18     safety and welfare;
    19         (4)  adversely affects the environment;
    20         (5) is being operated in violation of any terms or
    21     conditions of the permit; or
    22         (6) was operated pursuant to a permit or license that was
    23     not granted in accordance with law.
    24  Section 504.  Approval by governing body.
    25     No permit or license for the disposal of hazardous waste       <--
    26  shall be granted without the written consent or approval of the
    27  governing body of the county in which the proposed disposal site
    28  is located.
    29     APPLICATIONS FOR A PERMIT SHALL BE REVIEWED BY THE             <--
    30  APPROPRIATE COUNTY, COUNTY PLANNING AGENCY OR COUNTY HEALTH
    19790H1840B3429                 - 39 -

     1  DEPARTMENT WHERE THEY EXIST AND THE HOST MUNICIPALITY, AND THEY   <--
     2  MAY RECOMMEND TO THE DEPARTMENT CONDITIONS UPON, REVISIONS TO,
     3  OR DISAPPROVAL OF THE PERMIT ONLY IF SPECIFIC CAUSE IS
     4  IDENTIFIED. IN SUCH CASE THE DEPARTMENT SHALL BE REQUIRED TO
     5  PUBLISH IN THE PENNSYLVANIA BULLETIN ITS JUSTIFICATION FOR
     6  OVERRIDING THE COUNTY'S RECOMMENDATIONS. IF THE DEPARTMENT DOES
     7  NOT RECEIVE COMMENTS WITHIN 60 DAYS, THE COUNTY SHALL BE DEEMED
     8  TO HAVE WAIVED ITS RIGHT TO REVIEW.
     9  Section 505.  Bonds.
    10     (a)  Prior WITH THE EXCEPTION OF MUNICIPALITIES OPERATING      <--
    11  LANDFILLS SOLELY FOR MUNICIPAL WASTE NOT CLASSIFIED HAZARDOUS,
    12  PRIOR to the commencement of operations, the operator of a
    13  municipal or residual waste processing or disposal facility or
    14  of a hazardous waste storage, treatment or disposal facility for
    15  which a permit is required by this section shall file with the
    16  department a bond for the land affected by such facility on a
    17  form prescribed and furnished by the department. Such bond shall
    18  be payable to the Commonwealth and conditioned so that the
    19  operator shall comply with the requirements of this act, the act  <--
    20  of June 25, 1913 (P.L.555, No.355), referred to as the Water
    21  Obstructions Act, the act of June 22, 1937 (P.L.1987, No.394),
    22  known as "The Clean Streams Law," the act of May 31, 1945
    23  (P.L.1198, No.418), known as the "Surface Mining Conservation
    24  and Reclamation Act," the act of January 8, 1960 (1959 P.L.2119,
    25  No.787), known as the "Air Pollution Control Act," and the act
    26  of November 26, 1978 (P.L.1375, No.325), known as the "Dam
    27  Safety and Encroachments Act." The department may require
    28  additional bond amounts for the permitted areas should such an
    29  increase be determined by the department to be necessary to meet
    30  the requirements of this act. The amount of the bond required
    19790H1840B3429                 - 40 -

     1  shall be in an amount determined by the secretary based upon the
     2  total estimated cost to the Commonwealth of completing final
     3  closure according to the permit granted to such facility and
     4  such measures as are necessary to prevent adverse effects upon
     5  the environment; such measures include but are not limited to
     6  satisfactory monitoring, post-closure care, and remedial
     7  measures. The bond amount shall reflect the additional cost to
     8  the Commonwealth which may be entailed by being required to
     9  bring personnel and equipment to the site. All permits shall be
    10  bonded for at least $10,000. Liability under such bond shall be
    11  for the duration of the operation, and for a period of UP TO ten  <--
    12  full years after final closure of the permit site. Such bond
    13  shall be executed by the operator and a corporate surety
    14  licensed to do business in the Commonwealth and approved by the
    15  secretary: Provided, however, That the operator may elect to
    16  deposit cash, certificates of deposit, automatically renewable
    17  irrevocable letters of credit which are terminable only upon 90
    18  days written notice to the operator and the department, or
    19  negotiable bonds of the United States Government or the
    20  Commonwealth of Pennsylvania, the Pennsylvania Turnpike
    21  Commission, the General State Authority, the State Public School
    22  Building Authority, or any municipality within the Commonwealth,
    23  with the department in lieu of a corporate surety. The cash
    24  amount of such deposit, irrevocable letters of credit or market
    25  value of such securities shall be equal at least to the sum of
    26  the bond. The secretary shall, upon receipt of any such deposit
    27  of cash or negotiable bonds, immediately place the same with the
    28  State Treasurer, whose duty it shall be to receive and hold the
    29  same in the name of the Commonwealth, in trust, for the purposes
    30  for which such deposit is made. The State Treasurer shall at all
    19790H1840B3429                 - 41 -

     1  times be responsible for the custody and safekeeping of such
     2  deposits. The operator making the deposit shall be entitled from
     3  time to time to demand and receive from the State Treasurer, on
     4  the written order of the secretary, the whole or any portion of
     5  any collateral so deposited, upon depositing with him, in lieu
     6  thereof, other collateral of the classes herein specified having
     7  a market value at least equal to the sum of the bond, also to
     8  demand, receive and recover the interest and income from said
     9  negotiable bonds as the same becomes due and payable: Provided,
    10  however, That where negotiable bonds, deposited as aforesaid,
    11  mature or are called, the State Treasurer, at the request of the
    12  permittee, shall convert such negotiable bonds into such other
    13  negotiable bonds of the classes herein specified as may be
    14  designated by the permittee: And provided further, That where
    15  notice of intent to terminate a letter of credit is given, the
    16  department shall, after 30 days written notice to the operator
    17  and in the absence of a replacement of such letter of credit
    18  within such 30-day period by the operator with other acceptable
    19  bond guarantees provided herein, draw upon and convert such
    20  letter of credit into cash and hold it as a collateral bond
    21  guarantee.
    22     (b)  In the case of applications for permits where the
    23  department determines that the operations are reasonably
    24  anticipated to continue for a period of at least ten years from
    25  the date of application, the operator may elect to deposit
    26  collateral and file a collateral bond as provided in subsection
    27  (a) according to the following phase deposit schedule. The
    28  operator shall, prior to commencing operations, deposit $10,000
    29  or 25% of the amount of the bond determined under subsection
    30  (a), whichever is greater. The operator shall, thereafter,
    19790H1840B3429                 - 42 -

     1  annually deposit 10% of the remaining bond amount for a period
     2  of ten years. Interest accumulated by such collateral shall
     3  become a part of the bond. The department may require additional
     4  bonding at any time to meet the intent of subsection (a). The
     5  collateral shall be deposited in trust, with the State Treasurer
     6  as provided in subsection (a) or with a bank, selected by the
     7  department, which shall act as trustee for the benefit of the
     8  Commonwealth, according to rules and regulations promulgated
     9  hereunder, to guarantee the operator's compliance with this act
    10  and the statutes enumerated in subsection (a). The operator
    11  shall be required to pay all costs of the trust. The collateral
    12  deposit, or part thereof, shall be released of liability and
    13  returned to the operator, together with a proportional share of
    14  accumulated interest, upon the conditions of and pursuant to the
    15  schedule and criteria for release provided in this act.
    16     (c)  The operator shall, prior to commencing operations on
    17  any additional land exceeding the estimate made in the
    18  application for a permit, file an additional application and
    19  bond. Upon receipt of such additional application and related
    20  documents and information as would have been required for the
    21  additional land had it been included in the original application
    22  for a permit and should all the requirements of this act be met
    23  as were necessary to secure the permit, the secretary shall
    24  promptly issue an amended permit covering the additional acreage
    25  covered by such application, and shall determine the additional
    26  bond requirement therefor.
    27     (d)  If the operator abandons the operation of a municipal or
    28  residual waste processing or disposal facility or a hazardous
    29  waste storage, treatment or disposal facility for which a permit
    30  is required by this section or if the permittee fails or refuses
    19790H1840B3429                 - 43 -

     1  to comply with the requirements of this act in any respect for
     2  which liability has been charged on the bond, the secretary
     3  shall declare the bond forfeited and shall certify the same to
     4  the Department of Justice which shall proceed to enforce and
     5  collect the amount of liability forfeited thereon, and where the
     6  operation has deposited cash or securities as collateral in lieu
     7  of a corporate surety, the secretary shall declare said
     8  collateral forfeited and shall direct the State Treasurer to pay
     9  said funds into the Waste Abatement Fund. Should any corporate
    10  surety fail to promptly pay, in full, forfeited bond, it shall
    11  be disqualified from writing any further surety bonds under this
    12  act.
    13     (e)  Prior to the issuance of any license for the
    14  transportation of hazardous waste, the applicant for a license
    15  shall file with the department a collateral bond on a form
    16  prescribed and furnished by the department. Such bond shall be
    17  payable to the Commonwealth and conditioned upon compliance by
    18  the licensee with every requirement of this act, rule and
    19  regulation of the department, order of the department and term
    20  and condition of the license. The amount of the bond required
    21  shall be in an amount determined by the secretary, but in an
    22  amount no less than $10,000. The department may require
    23  additional bond amounts if the department determines such
    24  additional amounts are necessary to guarantee compliance with
    25  this act. The licensee may elect to deposit cash or
    26  automatically renewable irrevocable letters of credit which are
    27  terminable only upon 90 days written notice to the operator and
    28  the department, or negotiable bonds of the United States
    29  Government or the Commonwealth of Pennsylvania, the Pennsylvania
    30  Turnpike Commission, the General State Authority, the State
    19790H1840B3429                 - 44 -

     1  Public School Building Authority, or any municipality within the
     2  Commonwealth. No corporate surety bond is authorized by this
     3  subsection. The cash amount of such deposit, irrevocable letters
     4  of credit, or market value of such securities shall be equal at
     5  least to the sum of the bond. The secretary shall, upon receipt
     6  of any such deposit of cash or negotiable bonds, immediately
     7  place the same with the State Treasurer, whose duty it shall be
     8  to receive and hold the same in the name of the Commonwealth, in
     9  trust, for the purposes for which such deposit is made. The
    10  State Treasurer shall at all times be responsible for the
    11  custody and safekeeping of such deposits. The licensee making
    12  the deposit shall be entitled from time to time to demand and
    13  receive from the State Treasurer, on the written order of the
    14  secretary, the whole or any portion of any collateral so
    15  deposited, upon depositing with him, in lieu thereof, other
    16  collateral of the classes herein specified having a market value
    17  at least equal to the sum of the bond, also to demand, receive
    18  and recover the interest and income from said negotiable bonds
    19  as the same becomes due and payable: Provided, however, That
    20  where negotiable bonds, deposited as aforesaid, mature or are
    21  called, the State Treasurer, at the request of the permittee      <--
    22  LICENSEE, shall convert such negotiable bonds into such other     <--
    23  negotiable bonds of the classes herein specified as may be
    24  designated by the permittee LICENSEE: And provided further, That  <--
    25  where notice of intent to terminate a letter of credit is given,
    26  the department shall, after 30 days written notice to the
    27  operator LICENSEE and in the absence of a replacement of such     <--
    28  letter of credit within such 30-day period by the operator        <--
    29  LICENSEE with other acceptable bond guarantees provided herein,   <--
    30  draw upon and convert such letter of credit into cash and hold
    19790H1840B3429                 - 45 -

     1  it as a collateral bond guarantee. Liability under such bond
     2  shall be for the duration of the license and for a period of one
     3  year after the expiration of the license.
     4  Section 506.  Financial responsibility.
     5     The Environmental Quality Board shall adopt such additional
     6  regulations to provide for proof of financial responsibility of
     7  owners or operators of hazardous waste storage, treatment, and
     8  disposal facilities, as necessary or desirable for closure of
     9  the facility, post-closure monitoring and maintenance, sudden
    10  and accidental occurrences, and nonsudden and accidental
    11  occurrences, and to comply with section 3004 of the Resource
    12  Conservation and Recovery Act of 1976 42 U.S.C. § 6924.
    13  SECTION 507.  SITING OF HAZARDOUS WASTE TREATMENT AND DISPOSAL    <--
    14                FACILITIES.
    15     (A)  THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL HAVE THE
    16  POWER AND AUTHORITY TO DEVELOP, PREPARE AND MODIFY THE
    17  PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN. THE PLAN SHALL
    18  INCLUDE:
    19         (1)  CRITERIA AND STANDARDS FOR SITING HAZARDOUS WASTE
    20     TREATMENT AND DISPOSAL FACILITIES.
    21         (2)  AN INVENTORY AND EVALUATION OF THE SOURCES OF
    22     HAZARDOUS WASTE CONCENTRATION WITHIN THE COMMONWEALTH
    23     INCLUDING TYPES AND QUANTITIES OF HAZARDOUS WASTE.
    24         (3)  AN INVENTORY AND EVALUATION OF CURRENT HAZARDOUS
    25     WASTE PRACTICES WITHIN THE COMMONWEALTH INCLUDING EXISTING
    26     HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES.
    27         (4)  A DETERMINATION OF FUTURE HAZARDOUS WASTE FACILITY
    28     NEEDS BASED ON AN EVALUATION OF EXISTING TREATMENT AND
    29     DISPOSAL FACILITIES INCLUDING THEIR LOCATION, CAPACITIES AND
    30     CAPABILITIES, AND THE EXISTING AND PROJECTED GENERATION OF
    19790H1840B3429                 - 46 -

     1     HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND INCLUDING WHERE
     2     THE DEPARTMENT WITHIN ITS DISCRETION FINDS SUCH INFORMATION
     3     TO BE AVAILABLE, THE PROJECTED GENERATION OUTSIDE THE
     4     COMMONWEALTH OF HAZARDOUS WASTES EXPECTED TO BE TRANSPORTED
     5     INTO THE COMMONWEALTH FOR STORAGE, TREATMENT OR DISPOSAL.
     6         (5)  AN ANALYSIS OF METHODS, INCENTIVES OR TECHNOLOGIES
     7     FOR SOURCE REDUCTION, DETOXIFICATION, REUSE AND RECOVERY OF
     8     HAZARDOUS WASTE AND A STRATEGY FOR IMPLEMENTING SUCH METHODS,
     9     INCENTIVES AND TECHNOLOGIES.
    10         (6)  IDENTIFICATION OF SUCH HAZARDOUS WASTE TREATMENT AND
    11     DISPOSAL FACILITIES AND THEIR LOCATIONS (IN ADDITION TO
    12     EXISTING FACILITIES) AS ARE NECESSARY TO PROVIDE FOR THE
    13     PROPER MANAGEMENT OF HAZARDOUS WASTE GENERATED WITHIN THIS
    14     COMMONWEALTH.
    15     (B)  IN PREPARATION OF THE PLAN THE DEPARTMENT SHALL CONSULT
    16  WITH AFFECTED PERSONS, MUNICIPALITIES AND STATE AGENCIES. WITHIN  <--
    17  WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT THE
    18  SECRETARY SHALL APPOINT THE PENNSYLVANIA HAZARDOUS WASTE
    19  FACILITIES PLANNING ADVISORY COMMITTEE. THE DEPARTMENT SHALL
    20  INSURE THAT THE ADVISORY BODY CONSIST OF SUBSTANTIALLY
    21  EQUIVALENT PROPORTIONS OF THE FOLLOWING FOUR GROUPS: PRIVATE
    22  CITIZENS, REPRESENTATIVES OF PUBLIC INTEREST GROUPS, PUBLIC
    23  OFFICIALS AND CITIZENS OR REPRESENTATIVES OF ORGANIZATIONS WITH
    24  SUBSTANTIAL ECONOMIC INTEREST IN THE PLAN. IT SHALL SPECIFICALLY
    25  INCLUDE BUT NOT BE LIMITED TO A REPRESENTATIVE OF A WASTE
    26  TREATMENT OPERATOR, A WASTE TREATMENT GENERATOR, LOCAL            <--
    27  GOVERNMENTS, ENVIRONMENTALISTS, AND ACADEMIC SCIENTIST.
    28     (C)  THE COMMITTEE MAY RECOMMEND TO THE DEPARTMENT THE
    29  ADOPTION OF SUCH RULES AND REGULATIONS, STANDARDS, CRITERIA AND
    30  PROCEDURES AS IT DEEMS NECESSARY AND ADVISABLE FOR THE
    19790H1840B3429                 - 47 -

     1  PREPARATION, DEVELOPMENT, ADOPTION AND IMPLEMENTATION OF THE
     2  PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN.
     3     (D)  A VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED IN
     4  THE SAME MANNER AS THE ORIGINAL APPOINTMENT AND THE SECRETARY OR
     5  HIS REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE COMMITTEE.
     6     (E)  THE COMMITTEE SHALL ESTABLISH OPERATING PROCEDURES AND
     7  MAY SOLICIT THE ADVICE OF MUNICIPALITIES OR OTHER PERSONS.
     8     (F)  THE COMMITTEE SHALL DISBAND AFTER ADOPTION OF THE PLAN
     9  BY THE ENVIRONMENTAL QUALITY BOARD UNLESS THE COMMITTEE IS
    10  RECONSTITUTED AS A PROVISION OF THE PLAN.
    11     (G)  NOT LATER THAN TWO YEARS AFTER THE DATE OF ENACTMENT OF
    12  THIS ACT, THE ENVIRONMENTAL QUALITY BOARD SHALL ADOPT THE
    13  PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN AND THE DEPARTMENT
    14  SHALL REVIEW AND AMEND SAID PLAN AS NECESSARY BUT IN NO EVENT
    15  LESS THAN EVERY FIVE YEARS FOLLOWING ADOPTION.
    16                             ARTICLE VI
    17                      ENFORCEMENT AND REMEDIES
    18  Section 601.  Public nuisances.
    19     Any violation of any provision of this act, any rule or
    20  regulation of the department, any order of the department, or
    21  any term or condition of any permit, shall constitute a public
    22  nuisance. Any person or municipality committing such a violation
    23  shall be liable for the costs of abatement of any pollution and
    24  any public nuisance caused by such violation. The Environmental
    25  Hearing Board and any court of competent jurisdiction is hereby
    26  given jurisdiction over actions to recover the costs of such
    27  abatement.
    28  Section 602.  Enforcement orders.
    29     (a)  The department may issue orders to such persons and
    30  municipalities as it deems necessary to aid in the enforcement
    19790H1840B3429                 - 48 -

     1  of the provisions of this act. Such orders may include, but
     2  shall not be limited to, orders modifying, suspending or
     3  revoking permits and orders requiring persons and municipalities
     4  to cease unlawful activities or operations of a solid waste
     5  facility which in the course of its operation is in violation of
     6  any provision of this act, any rule or regulation of the
     7  department or any terms and conditions of a permit issued under
     8  this act. An order issued under this act shall take effect upon
     9  notice, unless the order specifies otherwise. An appeal to the
    10  Environmental Hearing Board shall not act as a supersedeas. The
    11  power of the department to issue an order under this act is in
    12  addition to any other remedy which may be afforded to the
    13  department pursuant to this act or any other act.
    14     (b)  If the department finds that the storage, collection,
    15  transportation, processing, treatment or disposal of solid waste
    16  is causing pollution of the air, water, land or other natural
    17  resources of the Commonwealth or is creating a public nuisance,
    18  the department may order the person or the municipality to alter
    19  its storage, collection, transportation, processing, treatment
    20  or disposal systems to provide such storage, collection,
    21  transportation, processing, treatment, or disposal systems as
    22  will prevent pollution and public nuisances. Such order shall
    23  specify the length of time after receipt of the order within
    24  which the facility or area shall be repaired, altered,
    25  constructed or reconstructed.
    26     (c)  Any person or municipality ordered by the department to
    27  repair, alter, construct, or reconstruct a solid waste facility
    28  or area shall take such steps for the repair, alteration,
    29  construction, or reconstruction of the facility or area as may
    30  be necessary for the storage, processing, treatment and disposal
    19790H1840B3429                 - 49 -

     1  of its solid waste in compliance with this act and the rules and
     2  regulations of the department, and standards and orders of the
     3  department.
     4     (D)  THE DEPARTMENT OF ENVIRONMENTAL RESOURCES' INSPECTOR      <--
     5  RESOURCES SHALL HAVE THE POWER TO ORDER, ORALLY OR IN WRITING,
     6  ANY PERSON OR MUNICIPALITY TO IMMEDIATELY SUSPEND OR MODIFY
     7  HAZARDOUS WASTE TREATMENT OR DISPOSAL ACTIVITIES WHEN HE
     8  DETERMINES THAT CONTINUED OPERATION WILL JEOPARDIZE PUBLIC
     9  HEALTH, SAFETY OR WELFARE. SAID ORDER SHALL BE EFFECTIVE UPON
    10  ISSUANCE AND MAY ONLY BE SUPERSEDED BY FURTHER DEPARTMENT ACTION
    11  OR, AFTER AN APPEAL HAS BEEN PERFECTED, BY THE ENVIRONMENTAL      <--
    12  HEARING BOARD AFTER NOTICE AND HEARING. FURTHERMORE, SAID ORDER
    13  MAY REQUIRE REMEDIAL ACTIONS TO BE TAKEN IN ORDER TO PREVENT
    14  HARM TO PUBLIC HEALTH, SAFETY OR WELFARE. WITHIN TWO BUSINESS
    15  DAYS AFTER THE ISSUANCE OF SUCH ORAL ORDER, THE DEPARTMENT SHALL
    16  ISSUE A WRITTEN ORDER RECITING AND MODIFYING, WHERE APPROPRIATE,
    17  THE TERMS AND CONDITIONS CONTAINED IN THE ORAL ORDER.
    18  Section 603.  Duty to comply with orders of the department.
    19     It shall be the duty of any person and municipality to
    20  proceed diligently to comply with any order issued pursuant to
    21  section 602. If such person or municipality fails to proceed
    22  diligently, or fails to comply with the order within such time,
    23  if any, as may be specified, such person or municipality shall
    24  be guilty of contempt, and shall be punished by the court in an
    25  appropriate manner and for this purpose, application may be made
    26  by the department to the Commonwealth Court, which court is
    27  hereby granted jurisdiction.
    28  Section 604.  Restraining violations.
    29     (a)  In addition to any other remedies provided in this act,
    30  the department may institute a suit in equity in the name of the
    19790H1840B3429                 - 50 -

     1  Commonwealth where a violation of law or nuisance exists for an
     2  injunction to restrain a violation of this act or the rules,
     3  regulations, standards or orders adopted or issued thereunder
     4  and to restrain the maintenance or threat of a public nuisance.
     5  In any such proceeding, the court shall, upon motion of the
     6  Commonwealth, issue a prohibitory or mandatory preliminary
     7  injunction if it finds that the defendant is engaging in
     8  unlawful conduct as defined by this act or is engaged in conduct
     9  which is causing immediate and irreparable harm to the public.
    10  The Commonwealth shall not be required to furnish bond or other
    11  security in connection with such proceedings. In addition to an
    12  injunction, the court in such equity proceedings, may levy civil
    13  penalties as specified in section 605.
    14     (b)  In addition to any other remedies provided for in this
    15  act, upon relation of any district attorney of any county
    16  affected, or upon relation of the solicitor of any municipality
    17  affected, an action in equity may be brought in a court of
    18  competent jurisdiction for an injunction to restrain any and all
    19  violations of this act or the rules and regulations promulgated
    20  hereunder, or to restrain any public nuisance or detriment to
    21  health.
    22     (c)  The penalties and remedies prescribed by this act shall
    23  be deemed concurrent and the existence of or exercise of any
    24  remedy shall not prevent the department from exercising any
    25  other remedy hereunder, at law or in equity.
    26     (d)  Actions instituted under this section may be filed in
    27  the appropriate court of common pleas or in the Commonwealth
    28  Court, which courts are hereby granted jurisdiction to hear such
    29  actions.
    30  Section 605.  Civil penalties.
    19790H1840B3429                 - 51 -

     1     In addition to proceeding under any other remedy available at
     2  law or in equity for a violation of any provision of this act,
     3  any rule or regulation of the department or order of the
     4  department or any term or condition of any permit issued by the
     5  department, the department may assess a civil penalty upon a
     6  person for such violation. Such a penalty may be assessed
     7  whether or not the violation was willful or negligent. In
     8  determining the amount of the penalty, the department shall
     9  consider the willfulness of the violation, damage to air, water,
    10  land or other natural resources of the Commonwealth or their
    11  uses, cost of restoration and abatement, savings resulting to
    12  the person in consequence of such violation, and other relevant
    13  factors. If the violation leads to the issuance of a cessation
    14  order or occurs after the release of security for performance, a
    15  civil penalty shall be assessed. When the department proposes to
    16  assess a civil penalty, it shall inform the person or
    17  municipality of the proposed amount of said penalty. The person
    18  charged with the penalty shall then have 30 days to pay the
    19  proposed penalty in full or, if the person wishes to contest
    20  either the amount of the penalty or the fact of the violation,
    21  the person shall within such 30 day period file an appeal of
    22  such action with the Environmental Hearing Board. and forward     <--
    23  the proposed amount to the department within 30 days for
    24  placement in an escrow account with the State Treasurer or any
    25  Pennsylvania bank. Failure to appeal within 30 days shall result
    26  in a waiver of all legal rights to contest the violation or the
    27  amount of the penalty. Any other statute to the contrary          <--
    28  notwithstanding, there shall be no statute of limitations upon
    29  actions brought by the department pursuant to this section. The
    30  maximum civil penalty which may be assessed pursuant to this
    19790H1840B3429                 - 52 -

     1  section is $25,000 per offense. Each violation for each separate
     2  day and each violation of any provision of this act, any rule or
     3  regulation under this act, any order of the department, or any
     4  term or condition of a permit shall constitute a separate and
     5  distinct offense under this section. A GENERATOR OF HAZARDOUS     <--
     6  WASTE WHO HAS COMPLIED WITH SECTION 403 AND HAS DESIGNATED ON
     7  THE MANIFEST A FACILITY PERMITTED TO TREAT OR DISPOSE OF HIS
     8  WASTES SHALL NOT BE HELD LIABLE FOR CIVIL PENALTIES WITH RESPECT
     9  TO SUCH WASTES BY OTHER PERSONS AFTER:
    10         (1)  THE WASTES HAVE BEEN TRANSPORTED IN COMPLIANCE WITH
    11     ALL APPLICABLE PROVISIONS OF THIS ACT AND REGULATIONS
    12     PROMULGATED AND LICENSES ISSUED THEREUNDER; AND
    13         (2)  SUCH WASTES HAVE BEEN ACCEPTED BY A DISPOSAL OR
    14     TREATMENT FACILITY PERMITTED TO RECEIVE SUCH WASTES AND
    15     DESIGNATED ON THE MANIFEST.
    16  Section 606.  Criminal penalties.
    17     (a)  Any person, OTHER THAN A MUNICIPAL OFFICIAL EXERCISING    <--
    18  HIS OFFICIAL DUTIES, or ANY municipality who violates any         <--
    19  provision of this act, the rules and regulations of the
    20  department, or any order of the department, or any term or
    21  condition of any permit upon conviction thereof in a summary
    22  proceeding, shall be sentenced to pay a fine of not less than
    23  $100 and not more than $1,000 and costs and, in default of the
    24  payment of such fine and costs, to undergo imprisonment for not
    25  more than 30 days.
    26     (b)  Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING     <--
    27  HIS OFFICIAL DUTIES who violates any provision of this act, any
    28  rule or regulation of the department, any order of the
    29  department, or any term or condition of any permit, shall be
    30  guilty of a misdemeanor of the third degree and, upon
    19790H1840B3429                 - 53 -

     1  conviction, shall be sentenced to pay a fine of not less than
     2  $1,000 but not more than $25,000 per day for each violation or
     3  to imprisonment for a period of not more than one year, or both.
     4     (c)  Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING     <--
     5  HIS OFFICIAL DUTIES who, within two years after a conviction of
     6  a misdemeanor for any violation of this act, violates any
     7  provision of this act, any rule or regulation of the department,
     8  any order of the department, or any term or condition of any
     9  permit shall be guilty of a misdemeanor of the second degree
    10  and, upon conviction, shall be sentenced to pay a fine of not
    11  less than $2,500 nor more than $50,000 for each violation or to
    12  imprisonment for a period of not more than two years, or both.
    13     (D)  ANY PERSON OR MUNICIPALITY THAT KNOWINGLY:                <--
    14         (1)  TRANSPORTS ANY HAZARDOUS WASTE TO A FACILITY WHICH
    15     DOES NOT HAVE A PERMIT UNDER THIS ACT TO ACCEPT SUCH WASTE
    16     FOR STORAGE, TREATMENT OR DISPOSAL; OR                         <--
    17         (2)  STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE     <--
    18     WITHOUT HAVING OBTAINED A PERMIT OF SUCH STORAGE, TREATMENT
    19     OR DISPOSAL; OR
    20         (3) (2)  MAKES ANY FALSE STATEMENT OR REPRESENTATION IN
    21     ANY APPLICATION LABEL, MANIFEST, RECORD, REPORT, PERMIT OR
    22     OTHER DOCUMENT RELATING TO HAZARDOUS WASTE GENERATION,
    23     STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL, WHICH IS
    24     FILED, SUBMITTED, MAINTAINED OR USED FOR PURPOSES OF
    25     COMPLIANCE WITH THIS ACT OR ANY MUNICIPALITY WHICH KNOWINGLY
    26     STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE WITHOUT
    27     HAVING OBTAINED A PERMIT FOR SUCH STORAGE, TREATMENT OR
    28     DISPOSAL;
    29  SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND, UPON
    30  CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
    19790H1840B3429                 - 54 -

     1  $1,000 BUT NOT MORE THAN $25,000 PER DAY FOR EACH VIOLATION.
     2     (E)  ANY PERSON OR MUNICIPALITY THAT WITHIN TWO YEARS AFTER A
     3  CONVICTION OF A MISDEMEANOR FOR ANY VIOLATION OF THIS ACT,
     4  COMMITS A VIOLATION OF SUBSECTION (F) (D), SHALL BE GUILTY OF A   <--
     5  MISDEMEANOR OF THE SECOND DEGREE AND UPON CONVICTION, SHALL BE
     6  SENTENCED TO PAY A FINE OF NOT LESS THAN $2,500 NOR MORE THAN
     7  $50,000 FOR EACH VIOLATION OR TO A TERM OF IMPRISONMENT OF NOT
     8  LESS THAN TWO YEARS, BUT NOT MORE THAN 20 YEARS, OR BOTH.
     9     (d) (F)  Any person who stores, transports, treats, or         <--
    10  disposes of hazardous waste within the Commonwealth in violation
    11  of section 401, or in violation of any order of the department
    12  shall be guilty of a felony of the second degree and, upon
    13  conviction, shall be sentenced to pay a fine of not less than
    14  $2,500 but not more than $100,000 per day for each violation or
    15  to imprisonment for not less than two years but not more than
    16  ten years, or both.
    17     (e) (G)  Any person who intentionally, knowingly OR            <--
    18  recklessly, or negligently stores, transports, treats, or         <--
    19  disposes of hazardous waste within the Commonwealth in violation
    20  of any provision of this act, and whose acts or omissions cause
    21  pollution, a public nuisance or bodily injury to any person,
    22  shall be guilty of a felony of the first degree, and upon
    23  conviction, shall be sentenced to pay a fine of not less than
    24  $10,000 but not more than $500,000 per day for each violation or
    25  to a term of imprisonment of not less than two years, but not
    26  more than 20 years, or both.
    27     (f) (H)  Each violation for each separate day and each         <--
    28  violation of any provision of this act, any rule or regulation
    29  of the department, any order of the department, or term and
    30  condition of a permit shall constitute a separate and distinct
    19790H1840B3429                 - 55 -

     1  offense under subsections (a), (b), (c), (d) and (e).
     2     (g) (I)  With respect to the offenses specified in subsection  <--
     3  (a), (b), (c) and (d) (F), it is the legislative purpose to       <--
     4  impose absolute liability for such offenses. HOWEVER, A           <--
     5  GENERATOR WHO HAS COMPLIED WITH SECTION 403 SHALL NOT BE HELD
     6  CRIMINALLY LIABLE UNDER THIS SECTION IF SUCH WASTES HAVE BEEN     <--
     7  TRANSPORTED TO SUCH FACILITY IN COMPLIANCE WITH ALL APPLICABLE    <--
     8  PROVISIONS OF THIS ACT AND THE REGULATIONS PROMULGATED AND
     9  LICENSES ISSUED THEREUNDER, AND PROVIDED THAT SUCH WASTES HAVE
    10  BEEN ACCEPTED BY SUCH A FACILITY DESIGNATED IN ACCORDANCE WITH    <--
    11  SECTION 403(B)(6).
    12     (h) (J)  With respect to the offenses specified in             <--
    13  subsections (a), (b), (c), (d) and (e),, (E), (F) AND (G), it is  <--
    14  the legislative purpose to impose liability on corporations.
    15  Section 607.  Existing rights and remedies preserved; cumulative
    16                remedies authorized.
    17     Nothing in this act shall be construed as estopping the
    18  Commonwealth, or any district attorney or solicitor of a
    19  municipality, from proceeding in courts of law or equity to
    20  abate pollution forbidden under this act, or abate nuisances
    21  under existing law. It is hereby declared to be the purposes of
    22  this act to provide additional and cumulative remedies to
    23  control the collection, storage, transportation, processing,
    24  treatment, and disposal of solid waste within the Commonwealth,
    25  and nothing contained in this act shall in any way abridge or
    26  alter rights of action or remedies now or hereafter existing in
    27  equity, or under the common law or statutory law, criminal or
    28  civil, nor shall any provision in this act, or the granting of
    29  any permit under this act, or any act done by virtue of this
    30  act, be construed as estopping the Commonwealth, persons or
    19790H1840B3429                 - 56 -

     1  municipalities, in the exercise of their rights under the common
     2  law or decisional law or in equity, from proceeding in courts of
     3  law or equity to suppress nuisances, or to abate any pollution
     4  now or hereafter existing, or to enforce common law or statutory
     5  rights. No courts of this Commonwealth having jurisdiction to
     6  abate public or private nuisances shall be deprived of such
     7  jurisdiction in any action to abate any private or public
     8  nuisance instituted by any person for the reasons that such
     9  nuisance constitutes air or water pollution.
    10  Section 608.  Production of materials; recordkeeping
    11                requirements; rights of entry.
    12     The department and its agents and employees shall: under any   <--
    13  and all circumstances:
    14         (1)  Have access to, and require the production of, books
    15     and papers, documents, and physical evidence pertinent to any
    16     matter under investigation.
    17         (2)  Require any person or municipality engaged in the
    18     storage, transportation, processing, treatment or disposal of
    19     any solid waste to establish and maintain such records and
    20     make such reports and furnish such information as the
    21     department may prescribe.
    22         (3)  Enter any building, property, premises or place
    23     WHERE SOLID WASTE IS GENERATED, STORED, PROCESSED, TREATED OR  <--
    24     DISPOSED OF for the purposes of making such investigation or
    25     inspection as may be necessary to ascertain the compliance or
    26     noncompliance by any person or municipality with the
    27     provisions of this act and the rules or regulations
    28     promulgated hereunder. In connection with such inspection or
    29     investigation, samples may be taken of any solid, semisolid,
    30     liquid or contained gaseous material for analysis. IF ANY      <--
    19790H1840B3429                 - 57 -

     1     ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF
     2     THE ANALYSIS SHALL BE FURNISHED WITHIN FIVE BUSINESS DAYS TO
     3     THE PERSON HAVING APPARENT AUTHORITY OVER THE BUILDING,
     4     PROPERTY, PREMISES OR PLACE.
     5  Section 609.  Search warrants.
     6     An agent or employee of the department may apply for a search
     7  warrant to any Commonwealth official authorized to issue a
     8  search warrant for the purposes of inspecting or examining any
     9  property, building, premise, place, book, record or other
    10  physical evidence, of conducting tests, or of taking samples of
    11  any solid waste. Such warrant shall be issued upon probable
    12  cause. It shall be sufficient probable cause to show any of the
    13  following:
    14         (1)  that the inspection, examination, test, or sampling
    15     is pursuant to a general administrative plan to determine
    16     compliance with this act;
    17         (2)  that the agent or employee has reason to believe
    18     that a violation of this act has occurred or may occur; or
    19         (3)  that the agent or employee has been refused access
    20     to the property, building, premise, place, book, record or
    21     physical evidence, or has been prevented from conducting
    22     tests or taking samples.
    23  Section 610.  Unlawful conduct.
    24     It shall be unlawful for any person or municipality to:
    25         (1)  Dump or deposit, or permit the dumping or
    26     depositing, of any solid waste onto the surface of the ground
    27     or underground or into the waters of the Commonwealth, by any
    28     means, unless a permit for the dumping of such solid wastes
    29     has been obtained from the department; provided, the
    30     Environmental Quality Board may by regulation exempt certain
    19790H1840B3429                 - 58 -

     1     activities associated with normal farming operations as
     2     defined by this act from such permit requirements.
     3         (2)  Construct, alter, operate or utilize a solid waste
     4     storage, treatment, processing or disposal facility without a
     5     permit from the department as required by this act or in
     6     violation of the rules or regulations adopted under this act,
     7     or orders of the department, or in violation of any term or
     8     condition of any permit issued by the department.
     9         (3)  Burn solid wastes without a permit from the
    10     department.
    11         (4)  Store, collect, transport, process, treat, or
    12     dispose of, or assist in the storage, collection,
    13     transportation, processing, treatment, or disposal of, solid
    14     waste contrary to the rules or regulations adopted under this
    15     act, or orders of the department, or any term or any
    16     condition of any permit, or in any manner as to create a
    17     public nuisance or to adversely affect the public health,
    18     safety and welfare.
    19         (5)  Transport hazardous waste without first having
    20     obtained a license from the department to conduct such
    21     transport activities.
    22         (6)  Transport or permit the transportation of any solid
    23     waste to any storage, treatment, processing or disposal
    24     facility or area unless such facility or area possesses a
    25     permit issued by the department to accept such wastes, or
    26     contrary to the rules or regulations adopted under this act,
    27     or orders of the department, or in such a manner as to
    28     adversely affect or endanger the public health, safety and
    29     welfare or environment through which such transportation
    30     occurs.
    19790H1840B3429                 - 59 -

     1         (7)  Refuse, hinder, obstruct, delay, or threaten any
     2     agent or employee of the department in the course of
     3     performance of any duty under this act, including, but not
     4     limited to, entry and inspection under any circumstances.
     5         (8)  Consign, assign, sell, entrust, give or in any way
     6     transfer residual or hazardous waste which is at any time
     7     subsequently, by any such person or any other person;
     8             (i)  dumped or deposited or discharged in any manner
     9         into the surface of the earth or underground or into the
    10         waters of the Commonwealth unless a permit for the
    11         dumping or depositing or discharging of such residual or
    12         hazardous waste has first been obtained from the
    13         department; or
    14             (ii)  stored, treated, processed, disposed of or
    15         discharged by a residual or hazardous waste facility
    16         unless such facility is operated under a permit first
    17         obtained from the department.
    18         (9)  Cause or assist in the violation of any provision of
    19     this act, any rule or regulation of the department, any order
    20     of the department or any term or condition of any permit.
    21  Section 611.  Presumption of law for civil and administrative     <--
    22                proceedings.
    23     It shall be presumed as a rebuttable presumption of law that
    24  a person or municipality which stores, treats, or disposes of
    25  hazardous waste shall be liable, without proof of fault,
    26  negligence, or causation, for all damages, contamination or
    27  pollution within 2,500 feet of the perimeter of the area where
    28  hazardous waste activities have been carried out. Such
    29  presumption may be overcome by clear and convincing evidence
    30  that the person or municipality so charged did not contribute to
    19790H1840B3429                 - 60 -

     1  the damage, contamination, or pollution.
     2  Section 612 611.  Collection of fines and penalties.              <--
     3     All fines and penalties shall be collectible in any manner
     4  provided by law for the collection of debts. If any person
     5  liable to pay any such penalty neglects or refuses to pay the
     6  same after demand, the amount together with interest and any
     7  costs that may accrue, shall be a judgment in favor of the
     8  Commonwealth upon the property of such person, but only after
     9  same has been entered and docketed of record by the prothonotary
    10  of the county where such property is situated. The department
    11  may, at any time, transmit to the prothonotaries of the
    12  respective counties certified copies of all such judgments, and
    13  it shall be the duty of each prothonotary to enter and docket
    14  the same of record in his office, and to index the same as
    15  judgments are indexed, without requiring the payment of costs as
    16  a condition precedent to the entry thereof.
    17  Section 613 612.  Recovery of costs of abatement.                 <--
    18     Any person or municipality who causes a public nuisance shall
    19  be liable for the costs of abatement. The department, any
    20  Commonwealth agency, or any municipality which undertakes to
    21  abate a public nuisance may recover the costs of abatement in an
    22  action in equity brought before any court of competent
    23  jurisdiction. In addition, the Environmental Hearing Board is
    24  hereby given jurisdiction over actions by the department to
    25  recover the costs of abatement.
    26  Section 614 613.  Forfeiture of contraband.                       <--
    27     Any vehicle, equipment, or conveyance used for the
    28  transportation or disposal of of hazardous waste in the           <--
    29  commission of an offense under section 606 shall be deemed
    30  contraband and shall be seized and forfeited to the department.
    19790H1840B3429                 - 61 -

     1  The provisions of law relating to the seizure, summary and
     2  judicial forfeiture, and condemnation of intoxicating liquor
     3  shall apply to seizures and forfeitures under the provisions of
     4  this section.
     5  Section 615 614.  Right of citizen to initiate or intervene       <--
     6                in proceedings.
     7     Any citizen of this Commonwealth having an interest which is
     8  or may be adversely affected shall have the right on his own
     9  behalf, without posting bond, to initiate or intervene in any     <--
    10  action brought pursuant to section 602, 604, 605 or 607. 604 OR   <--
    11  605.
    12  Section 616 615.  Notice of proposed settlement.                  <--
    13     If a settlement is proposed in any action brought pursuant to
    14  section 602, 604, 605, 606 or 607, 604 OR 605, the terms of such  <--
    15  settlement shall be published in a newspaper of general
    16  circulation in the area where the violations are alleged to have
    17  occurred at least 30 days prior to the time when such settlement
    18  is to take effect. The publication shall contain a solicitation
    19  for public comments concerning such settlement which shall be
    20  directed to the government agency bringing the action.
    21  SECTION 616.  LIMITATION ON ACTION.                               <--
    22     THE PROVISIONS OF ANY OTHER STATUTE TO THE CONTRARY NOT
    23  WITHSTANDING, ACTIONS FOR CIVIL OR CRIMINAL PENALTIES UNDER THIS
    24  ACT MAY BE COMMENCED AT ANY TIME WITHIN A PERIOD OF 20 YEARS
    25  FROM THE DATE THE OFFENSE IS DISCOVERED.
    26                            ARTICLE VII
    27                     SOLID WASTE ABATEMENT FUND
    28  Section 701.  Solid Waste Abatement Fund.
    29     (A)  All fines, penalties AND bond forfeitures and fees        <--
    30  collected under the provisions of this act shall be paid into
    19790H1840B3429                 - 62 -

     1  the Treasury of the Commonwealth into a special fund to be known
     2  as the "Solid Waste Abatement Fund" hereby established. The
     3  Solid Waste Abatement Fund shall be administered by the
     4  department for abatement or elimination of present or potential
     5  hazards to human health or to the environment from the improper
     6  treatment, transportation, storage, processing, or disposal of
     7  solid wastes, and for the enforcement of this act.
     8     (B)  ALL SUCH MONEYS PLACED IN THE SOLID WASTE ABATEMENT FUND  <--
     9  UNDER THE PROVISIONS OF THIS SECTION ARE HEREBY MADE AVAILABLE
    10  IMMEDIATELY, AND ARE HEREBY SPECIFICALLY APPROPRIATED TO THE
    11  DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS SECTION.
    12     (C)  ESTIMATES OF THE AMOUNTS TO BE EXPENDED UNDER THIS ACT
    13  SHALL BE SUBMITTED TO THE GOVERNOR FOR HIS APPROVAL OR
    14  DISAPPROVAL.
    15                            ARTICLE VIII                            <--
    16                       COMMONWEALTH LIABILITY                       <--
    17                        LEASING REAL ESTATE                         <--
    18  Section 801.  Commonwealth liability. NO PROHIBITION AGAINST      <--
    19                LEASING REAL ESTATE.
    20     (A)  THE COMMONWEALTH SHALL DEFEND, INDEMNIFY AND SAVE         <--
    21  HARMLESS ITS EMPLOYEES FROM ANY AND ALL CLAIMS OF DAMAGE, INJURY
    22  OR LIABILITY ARISING OR RESULTING FROM THE PERFORMANCE OF THEIR
    23  DUTIES UNDER THIS ACT. IF A CAUSE OF ACTION RESULTS IN A FINAL
    24  JUDGMENT OF A COURT OF COMPETENT JURISDICTION ENTERED AGAINST
    25  THE COMMONWEALTH, THE DEPARTMENT, ITS OFFICERS OR EMPLOYEES
    26  ARISING OUT OF THE OWNERSHIP, CONSTRUCTION, OPERATION OR
    27  MAINTENANCE OF A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY
    28  SAID JUDGMENT SHALL BE SUBJECT TO THE LIMITATION OF DAMAGES
    29  PROVISIONS OF 42 PA.C.S. § 5111 (RELATING TO LIMITATIONS ON
    30  DAMAGES) AND SHALL BE A JUDGMENT AGAINST THE GENERAL FUND OF THE
    19790H1840B3429                 - 63 -

     1  COMMONWEALTH AND SHALL NOT BE CHARGEABLE TO ANY ANNUAL
     2  APPROPRIATION OF THE DEPARTMENT. THIS PROVISION IS NOT INTENDED
     3  TO CREATE NEW LIABILITIES OR WAIVE EXISTING IMMUNITIES.
     4     (B)  NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT THE
     5  COMMONWEALTH FROM LEASING STATE LAND SUCH REAL ESTATE OWNED BY    <--
     6  THE COMMONWEALTH AS IS NOT BEING USED IN CONNECTION WITH THE
     7  WORK OF ANY DEPARTMENT, BOARD OR COMMISSION THEREOF FOR A PERIOD
     8  OF NOT MORE THAN 50 YEARS TO INDIVIDUALS, FIRMS, CORPORATIONS OR
     9  THE UNITED STATES GOVERNMENT PURSUANT TO SECTION 2402(I) OF "THE
    10  ADMINISTRATIVE CODE OF 1929," FOR THE PURPOSE OF OPERATING
    11  HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL FACILITIES.
    12                          ARTICLE VIII IX                           <--
    13                        LIBERAL CONSTRUCTION
    14  Section 801 901.  Construction of act.                            <--
    15     The terms and provisions of this act are to be liberally
    16  construed, so as to best achieve and effectuate the goals and
    17  purposes hereof. Notwithstanding any other provision of this act  <--
    18  to the contrary, this act shall not be construed to empower any
    19  agency of the Commonwealth of Pennsylvania to acquire, construct
    20  or operate any hazardous waste facilities, otherwise known as
    21  siting.
    22                            ARTICLE IX X                            <--
    23                      REPEALER; EFFECTIVE DATE
    24  Section 901 1001.  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  PROVIDED, HOWEVER, THAT ALL PERMITS AND ORDERS ISSUED, MUNICIPAL
    28  SOLID WASTE MANAGEMENT PLANS APPROVED, AND REGULATIONS
    29  PROMULGATED UNDER SUCH ACT SHALL REMAIN IN FULL FORCE AND EFFECT
    30  UNLESS AND UNTIL MODIFIED, AMENDED, SUSPENDED OR REVOKED.
    19790H1840B3429                 - 64 -

     1  Section 902 1002.  Severability.                                  <--
     2     If any provision of this act or the application thereof to     <--
     3  the disposal of nuclear or radioactive wastes is held invalid,
     4  such invalidity shall not effect other provisions or
     5  applications of this act which can be given effect without the
     6  invalid provisions or application and to this end the provisions
     7  of this act are declared to be severable.
     8  Section 903 1003.  Effective date.                                <--
     9     This act shall take effect immediately.                        <--
    10     SECTION 402 OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY; THE     <--
    11  REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 DAYS.













    J9L54RC/19790H1840B3429         - 65 -