SENATE AMENDED
PRIOR PRINTER'S NOS. 2263, 2374, 2396, PRINTER'S NO. 3456
3149, 3360, 3424, 3429
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, JUNE 2, 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.
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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 <--
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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,
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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
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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
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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 <--
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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
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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
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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. <--
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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
19790H1840B3456 - 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
19790H1840B3456 - 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.
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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 <--
19790H1840B3456 - 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
19790H1840B3456 - 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
19790H1840B3456 - 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.
19790H1840B3456 - 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.
19790H1840B3456 - 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
19790H1840B3456 - 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 <--
19790H1840B3456 - 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) (A) No person or municipality shall store, transport, <--
13 treat, or dispose of hazardous waste within this Commonwealth
14 unless 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 (B) THE STORAGE, TRANSPORTATION, TREATMENT, AND DISPOSAL OF <--
19790H1840B3456 - 28 -
1 HAZARDOUS WASTE ARE HEREBY DECLARED TO BE ACTIVITIES, WHICH
2 SUBJECT THE PERSON CARRYING ON THOSE ACTIVITIES TO LIABILITY FOR
3 HARM ALTHOUGH HE HAS EXERCISED UTMOST CARE TO PREVENT HARM,
4 REGARDLESS WHETHER SUCH ACTIVITIES WERE CONDUCTED PRIOR TO THE
5 ENACTMENT HEREOF.
6 Section 402. Listing of hazardous waste.
7 The Environmental Quality Board shall establish rules and
8 regulations identifying the characteristics of hazardous wastes
9 and listing particular hazardous wastes which shall be subject
10 to the provisions of this act. The list promulgated shall in no
11 event prevent the department from regulating other wastes,
12 which, although not listed, the department has determined to be
13 hazardous; such regulation of hazardous wastes may be THE <--
14 DEPARTMENT OF ENVIRONMENTAL RESOURCES MAY REGULATE SUCH
15 HAZARDOUS WASTES WHEN THE DEPARTMENT HAS DETERMINED SUCH WASTE
16 POSES A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO THE HUMAN
17 HEALTH OR THE ENVIRONMENT by any means including, but not
18 limited to, issuance of orders and the imposition of terms and
19 conditions of permits. THE BOARD SHALL IDENTIFY THE <--
20 CHARACTERISTICS OF HAZARDOUS WASTES AND LIST PARTICULAR
21 HAZARDOUS WASTES WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS
22 SECTION, WHICH INITIAL LIST SHALL NOT BE SUBJECT TO SECTION 107
23 OF THIS ACT BUT SHALL BE PROMULGATED IN ACCORDANCE WITH SECTION
24 204(3) (RELATING TO OMISSION OF NOTICE OF PROPOSED RULE MAKING)
25 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS
26 THE COMMONWEALTH DOCUMENTS LAW.
27 Section 403. Generation, transportation, storage, treatment
28 and disposal of hazardous waste.
29 (a) It shall be unlawful for any person or municipality who
30 generates, transports or stores hazardous waste to transfer such
19790H1840B3456 - 29 -
1 waste unless such person or municipality complies with the rules
2 and regulations of the department and the terms or conditions of
3 any applicable permit or license and any applicable order issued
4 by the department.
5 (b) It shall be unlawful for any person or municipality who
6 generates, transports, stores, treats or disposes of hazardous
7 waste to fail to:
8 (1) Maintain such records as are necessary to accurately
9 identify the quantities of hazardous waste generated, the
10 constituents thereof which are significant in quantity or in
11 potential harm to human health or the environment, the method
12 of transportation and the disposition of such wastes; and
13 where applicable, the source and delivery points of such
14 hazardous waste.
15 (2) Label any containers used for the storage,
16 transportation or disposal of such hazardous waste so as to
17 identify accurately such waste.
18 (3) Use containers appropriate for such hazardous waste
19 and for the activity undertaken.
20 (4) Furnish information on the general chemical
21 composition of such hazardous waste to persons transporting,
22 treating, storing or disposing of such wastes.
23 (5) Use a manifest system as required by the department
24 to assure that all such hazardous waste generated is
25 designated for treatment, storage or disposal in such
26 treatment, storage or disposal facilities (other than
27 facilities on the premises where the waste is generated,
28 where the use of a manifest system is not necessary) approved
29 by the department, as provided in this article.
30 (6) Transport hazardous waste for treatment, storage or
19790H1840B3456 - 30 -
1 disposal to such treatment, storage or disposal facilities
2 which the shipper has designated on the manifest form as a
3 facility permitted to receive such waste or as a facility not
4 within the Commonwealth.
5 (7) Submit reports to the department at such times as
6 the department deems necessary, listing out:
7 (i) the quantities of hazardous waste generated
8 during a particular time period; and
9 (ii) the method of disposal of all hazardous waste.
10 (8) Carry out transportation activities in compliance
11 with the rules and regulations of the department and the
12 Pennsylvania Department of Transportation.
13 (9) Treat, store and dispose of all such waste in
14 accordance with the rules and regulations of the department
15 and permits, permit conditions and orders of the department.
16 (10) Develop and implement contingency plans for
17 effective action to minimize and abate hazards from any
18 treatment, storage, transportation or disposal of any
19 hazardous waste.
20 (11) Maintain such operation, train personnel, and
21 assure financial responsibility for such storage, treatment
22 or disposal operations to prevent adverse effects to the
23 public health, safety and welfare and to the environment and
24 to prevent public nuisances.
25 (12) Immediately notify the department and the affected
26 municipality or municipalities of any spill or accidental
27 discharge of such waste in accordance with a contingency plan
28 approved by the department and take immediate steps to
29 contain and clean up the spill or discharge.
30 (c) After January 1, 1981 any producer of any hazardous
19790H1840B3456 - 31 -
1 waste or any producer having a by-product of production which is
2 a hazardous waste may be required by the department to submit to
3 the department for its approval a plan relating to the disposal
4 of such hazardous waste at either an on-site disposal area or an
5 off-site disposal area BEFORE TRANSFERRING, TREATING OR <--
6 DISPOSING OF THIS WASTE.
7 Section 404. Transition scheme.
8 (A) Any person or municipality who: <--
9 (1) owns or operates a hazardous waste storage or
10 treatment facility required to have a permit under this act,
11 which facility is in existence on the effective date of this
12 act;
13 (2) has complied with the requirements of section
14 501(c);
15 (3) has made an application for a permit under this act;
16 and
17 (4) operates and continues to operate in such a manner
18 as will not cause, or create a risk of, a health hazard, a
19 public nuisance, or an adverse effect upon the environment;
20 shall be treated as having been issued such permit until such
21 time as a final departmental action on such application is made.
22 In no instance shall such person or municipality continue to
23 store or treat hazardous wastes without obtaining a permit from
24 the department within two years after the date of enactment
25 hereof.
26 (B) ANY PERSON OR MUNICIPALITY WHO: <--
27 (1) AS OF THE EFFECTIVE DATE OF THIS ACT TRANSPORTS
28 HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND IS REQUIRED TO
29 HAVE A LICENSE UNDER THIS ACT;
30 (2) HAS COMPLIED WITH THE REQUIREMENTS OF SECTION
19790H1840B3456 - 32 -
1 501(C);
2 (3) HAS MADE AN APPLICATION FOR A LICENSE UNDER THIS
3 ACT; AND
4 (4) TRANSPORTS AND CONTINUES TO TRANSPORT IN SUCH A
5 MANNER AS WILL NOT CAUSE, OR CREATE A RISK OF, A HEALTH
6 HAZARD, A PUBLIC NUISANCE, OR AN ADVERSE EFFECT UPON THE
7 ENVIRONMENT; SHALL BE TREATED AS HAVING BEEN ISSUED SUCH
8 LICENSE UNTIL SUCH TIME AS A FINAL DEPARTMENTAL ACTION ON
9 SUCH APPLICATION IS MADE. IN NO INSTANCE SHALL SUCH PERSON OR
10 MUNICIPALITY CONTINUE TO TRANSPORT HAZARDOUS WASTE WITHOUT
11 OBTAINING A LICENSE FROM THE DEPARTMENT WITHIN TWO YEARS
12 AFTER THE DATE OF ENACTMENT.
13 Section 405. Conveyance of disposal site property.
14 After the effective date of this act, the grantor in every
15 deed for the conveyance of property on which hazardous waste is
16 presently being disposed, OR has ever been disposed BY THE <--
17 GRANTOR OR TO THE GRANTOR'S ACTUAL KNOWLEDGE or is suspected of <--
18 having been disposed shall include in the property description
19 section of such deed an acknowledgement of such hazardous waste
20 disposal; such acknowledgement to include to the extent such
21 information is available, but not be limited to, the surface
22 area size and exact location of the disposed waste and a
23 description of the types of hazardous wastes contained therein.
24 Such amended property description shall be made a part of the
25 deed for all future conveyances or transfers of the subject
26 property: PROVIDED, HOWEVER, THAT THE WARRANTY IN SUCH DEED <--
27 SHALL NOT BE APPLICABLE TO THE SURFACE AREA SIZE AND EXACT
28 LOCATION OF THE DISPOSED WASTE AND A DESCRIPTION OF THE TYPES OF
29 HAZARDOUS WASTES CONTAINED THEREIN.
30 ARTICLE V
19790H1840B3456 - 33 -
1 APPLICATIONS AND PERMITS
2 Section 501. Permits and licenses required; transition scheme;
3 reporting requirements.
4 (a) It shall be unlawful for any person or municipality to
5 use, or continue to use, their land or the land of any other
6 person or municipality as a solid waste processing, storage,
7 treatment or disposal area without first obtaining a permit from
8 the department as required by this act: Provided, however, That
9 this section shall not apply to the short-term storage of
10 byproducts which are utilized in the processing or manufacturing
11 of other products, to the extent that such byproducts are not
12 hazardous, and do not create a public nuisance or adversely
13 affect the air, water and other natural resources of the
14 Commonwealth: And provided further, however, That the provisions
15 of this section shall not apply to agricultural waste produced
16 in the course of normal farming operations NOR THE USE OF FOOD <--
17 PROCESSING WASTES IN THE COURSE OF NORMAL FARMING OPERATIONS
18 PROVIDED THAT SUCH WASTES ARE NOT CLASSIFIED BY THE BOARD AS
19 HAZARDOUS.
20 (b) It shall be unlawful for any person or municipality to
21 transport hazardous waste within the Commonwealth unless such
22 person or municipality has first obtained a license from the
23 department to conduct such transportation activities.
24 (c) Not later than 90 days after promulgation or revision of
25 regulations under section 402 identifying by its characteristics
26 or listing any substance as hazardous waste, any person or
27 municipality generating or transporting such substance or owning
28 or operating a facility for treatment, storage, or disposal of
29 such substance shall file with the department a notification
30 stating the location and general description of such activity
19790H1840B3456 - 34 -
1 and the identified or listed hazardous wastes handled by such
2 person or municipality. Not more than one such notification
3 shall be required to be filed with respect to the same
4 substance. No identified or listed hazardous waste may be
5 transported, treated, processed, stored or disposed of unless
6 notification has been given as required under this subsection.
7 Section 502. Permit and license application requirements.
8 (a) Application for any permit or license shall be in
9 writing, shall be made on forms provided by the department and
10 shall be accompanied by such plans, designs and relevant data as
11 the department may require. Such plans, designs and data shall
12 be prepared by a registered professional engineer.
13 (b) The application for a permit to operate a hazardous
14 waste storage, treatment or disposal facility shall also be
15 accompanied by a form, prepared and furnished by the department,
16 containing the written consent of the landowner to entry upon
17 any land to be affected by the proposed facility by the
18 Commonwealth and by any of its authorized agents prior to and
19 during operation of the facility and for 20 years after closure
20 of the facility, for the purpose of inspection and for the
21 purpose of any such pollution abatement or pollution prevention
22 activities as the department deems necessary. Such forms shall
23 be deemed to be recordable documents and prior to the initiation
24 of operations under the permit, such forms shall be recorded and
25 entered into the deed book (d.b.v.) indexing system at the
26 office of the recorder of deeds in the counties in which the
27 area to be affected under the permit is situated.
28 (c) All records, reports, or information contained in the
29 hazardous waste storage, treatment or disposal facility permit
30 application submitted to the department under this section shall
19790H1840B3456 - 35 -
1 be available to the public; except that the department shall
2 consider a record, report or information or particular portion
3 thereof, confidential in the administration of this act if the
4 applicant can show cause that the records, reports or
5 information, or a particular portion thereof (but not emission
6 or discharge data or information concerning solid waste which is
7 potentially toxic in the environment), if made public, would
8 divulge production or sales figures or methods, processes or
9 production unique to such applicant or would otherwise tend to
10 affect adversely the competitive position of such applicant by
11 revealing trade secrets. Nothing herein shall be construed to
12 prevent disclosure of such report, record or information to the
13 Federal Government or other State agencies as may be necessary
14 for purposes of administration of any Federal or State law.
15 (d) The application for a permit shall set forth the manner
16 in which the operator plans to comply with the requirements of
17 the act of June 25, 1913 (P.L.555, No.355), referred to as the <--
18 Water Obstructions Act, the act of June 22, 1937 (P.L.1987,
19 No.394), known as "The Clean Streams Law," the act of May 31,
20 1945 (P.L.1198, No.418), known as the "Surface Mining
21 Conservation and Reclamation Act," the act of January 8, 1960
22 (1959 P.L.2119, No.787), known as the "Air Pollution Control
23 Act," and the act of November 26, 1978 (P.L.1375, No.325), known
24 as the "Dam Safety and Encroachments Act," as applicable. No
25 approval shall be granted unless the plan provides for
26 compliance with the statutes hereinabove enumerated, and failure
27 to comply with the statutes hereinabove enumerated during
28 construction and operation or thereafter shall render the
29 operator liable to the sanctions and penalties provided in this
30 act for violations of this act and to the sanctions and
19790H1840B3456 - 36 -
1 penalties provided in the statutes hereinabove enumerated for
2 violations of such statutes. Such failure to comply shall be
3 cause for revocation of any approval or permit issued by the
4 department to the operator. Compliance with the provisions of
5 this subsection and with the provisions of this act and the
6 provisions of the statutes hereinabove enumerated shall not
7 relieve the operator of the responsibility for complying with
8 the provisions of all other applicable statutes, including, but
9 not limited to the act of July 17, 1961 (P.L.659, No.339), known
10 as the "Pennsylvania Bituminous Coal Mine Act," the act of
11 November 10, 1965 (P.L.721, No.346), known as the "Pennsylvania
12 Anthracite Coal Mine Act," and the act of July 9, 1976 (P.L.931,
13 No.178), entitled "An act providing emergency medical personnel;
14 employment of emergency medical personnel and emergency
15 communications in coal mines."
16 (e) The application for a permit shall certify that the
17 operator has in force, or will, prior to the initiation of
18 operations under the permit have in force, an ordinary public
19 liability insurance policy in an amount to be prescribed by
20 rules and regulations promulgated hereunder.
21 (f) The department may require such other information, and
22 impose such other terms and conditions, as it deems necessary or
23 proper to achieve the goals and purposes of this act.
24 (G) THE DEPARTMENT, UPON RECEIPT OF AN APPLICATION FOR A <--
25 PERMIT, SHALL GIVE WRITTEN NOTICE TO EACH AND EVERY MUNICIPALITY
26 IN WHICH THE PROPOSED HAZARDOUS WASTE FACILITY WILL BE LOCATED.
27 Section 503. Granting, denying, renewing, modifying, revoking
28 and suspending permits and licenses.
29 (a) Upon approval of the application, the department shall
30 issue a permit for the operation of a solid waste storage,
19790H1840B3456 - 37 -
1 treatment, processing or disposal facility or area or a license
2 for the transportation of hazardous wastes, as set forth in the
3 application and further conditioned by the department.
4 (b) No permit shall be issued unless and until all
5 applicable bonds have been posted with the department.
6 (c) In carrying out the provisions of this act, the
7 department may deny, suspend, modify, or revoke any permit or
8 license if it finds that the applicant, permittee or licensee
9 has failed or continues to fail to comply with any provision of
10 this act, the act of June 25, 1913 (P.L.555, No.355), referred <--
11 to as the Water Obstructions Act, the act of June 22, 1937
12 (P.L.1987, No.394), known as "The Clean Streams Law," the act of
13 January 8, 1960 (1959 P.L.2119, No.787), known as the "Air
14 Pollution Control Act," and the act of November 26, 1978
15 (P.L.1375, No.325), known as the "Dam Safety and Encroachments
16 Act," or any other state or Federal statute relating to
17 environmental protection or to the protection of the public
18 health, safety and welfare; or any rule or regulation of the
19 department; or any order of the department; or any condition of
20 any permit or license issued by the department; or if the
21 department finds that the applicant, permittee or licensee has
22 shown a lack of ability or intention to comply with any
23 provision of this act or any of the acts referred to in this
24 subsection or any rule or regulation of the department or order
25 of the department, or any condition of any permit or license
26 issued by the department as indicated by past or continuing
27 violations. In the case of a corporate applicant, permittee or
28 licensee, the department may deny the issuance of a license or
29 permit if it finds that a principal of the corporation was a
30 principal of another corporation which committed past violations
19790H1840B3456 - 38 -
1 of this act.
2 (d) Any person or municipality which has engaged in unlawful
3 conduct as defined in this act, or whose partner, associate,
4 officer, parent corporation, subsidiary corporation, contractor,
5 subcontractor or agent has engaged in such unlawful conduct,
6 shall be denied any permit or license required by this act
7 unless the permit or license application demonstrates to the
8 satisfaction of the department that the unlawful conduct has
9 been corrected. Independent contractors and agents who are to
10 operate under any permit shall be subject to the provisions of
11 this act. Such independent contractors, agents and the permittee
12 shall be jointly and severally liable, without regard to fault,
13 for violations of this act which occur during the contractor's
14 or agent's involvement in the course of operations.
15 (e) Any permit or license granted by the department, as
16 provided in this act, shall be revocable or subject to
17 modification or suspension at any time the department determines
18 that the solid waste storage, treatment, processing or disposal
19 facility or area or transportation of solid waste:
20 (1) is, or has been, conducted in violation of this act
21 or the rules, regulations, adopted pursuant to the act;
22 (2) is creating a public nuisance;
23 (3) is creating a potential hazard to the public health,
24 safety and welfare;
25 (4) adversely affects the environment;
26 (5) is being operated in violation of any terms or
27 conditions of the permit; or
28 (6) was operated pursuant to a permit or license that was
29 not granted in accordance with law.
30 Section 504. Approval by governing body.
19790H1840B3456 - 39 -
1 No permit or license for the disposal of hazardous waste <--
2 shall be granted without the written consent or approval of the
3 governing body of the county in which the proposed disposal site
4 is located.
5 APPLICATIONS FOR A PERMIT SHALL BE REVIEWED BY THE <--
6 APPROPRIATE COUNTY, COUNTY PLANNING AGENCY OR COUNTY HEALTH
7 DEPARTMENT WHERE THEY EXIST AND THE HOST MUNICIPALITY, AND THEY <--
8 MAY RECOMMEND TO THE DEPARTMENT CONDITIONS UPON, REVISIONS TO,
9 OR DISAPPROVAL OF THE PERMIT ONLY IF SPECIFIC CAUSE IS
10 IDENTIFIED. IN SUCH CASE THE DEPARTMENT SHALL BE REQUIRED TO
11 PUBLISH IN THE PENNSYLVANIA BULLETIN ITS JUSTIFICATION FOR
12 OVERRIDING THE COUNTY'S RECOMMENDATIONS. IF THE DEPARTMENT DOES
13 NOT RECEIVE COMMENTS WITHIN 60 DAYS, THE COUNTY SHALL BE DEEMED
14 TO HAVE WAIVED ITS RIGHT TO REVIEW.
15 Section 505. Bonds.
16 (a) Prior WITH THE EXCEPTION OF MUNICIPALITIES OPERATING <--
17 LANDFILLS SOLELY FOR MUNICIPAL WASTE NOT CLASSIFIED HAZARDOUS,
18 PRIOR to the commencement of operations, the operator of a
19 municipal or residual waste processing or disposal facility or
20 of a hazardous waste storage, treatment or disposal facility for
21 which a permit is required by this section shall file with the
22 department a bond for the land affected by such facility on a
23 form prescribed and furnished by the department. Such bond shall
24 be payable to the Commonwealth and conditioned so that the
25 operator shall comply with the requirements of this act, the act <--
26 of June 25, 1913 (P.L.555, No.355), referred to as the Water
27 Obstructions Act, the act of June 22, 1937 (P.L.1987, No.394),
28 known as "The Clean Streams Law," the act of May 31, 1945
29 (P.L.1198, No.418), known as the "Surface Mining Conservation
30 and Reclamation Act," the act of January 8, 1960 (1959 P.L.2119,
19790H1840B3456 - 40 -
1 No.787), known as the "Air Pollution Control Act," and the act
2 of November 26, 1978 (P.L.1375, No.325), known as the "Dam
3 Safety and Encroachments Act." The department may require
4 additional bond amounts for the permitted areas should such an
5 increase be determined by the department to be necessary to meet
6 the requirements of this act. The amount of the bond required
7 shall be in an amount determined by the secretary based upon the
8 total estimated cost to the Commonwealth of completing final
9 closure according to the permit granted to such facility and
10 such measures as are necessary to prevent adverse effects upon
11 the environment; such measures include but are not limited to
12 satisfactory monitoring, post-closure care, and remedial
13 measures. The bond amount shall reflect the additional cost to
14 the Commonwealth which may be entailed by being required to
15 bring personnel and equipment to the site. All permits shall be
16 bonded for at least $10,000. Liability under such bond shall be
17 for the duration of the operation, and for a period of UP TO ten <--
18 full years after final closure of the permit site. Such bond
19 shall be executed by the operator and a corporate surety
20 licensed to do business in the Commonwealth and approved by the
21 secretary: Provided, however, That the operator may elect to
22 deposit cash, certificates of deposit, automatically renewable
23 irrevocable letters of credit which are terminable only upon 90
24 days written notice to the operator and the department, or
25 negotiable bonds of the United States Government or the
26 Commonwealth of Pennsylvania, the Pennsylvania Turnpike
27 Commission, the General State Authority, the State Public School
28 Building Authority, or any municipality within the Commonwealth,
29 with the department in lieu of a corporate surety. The cash
30 amount of such deposit, irrevocable letters of credit or market
19790H1840B3456 - 41 -
1 value of such securities shall be equal at least to the sum of
2 the bond. The secretary shall, upon receipt of any such deposit
3 of cash or negotiable bonds, immediately place the same with the
4 State Treasurer, whose duty it shall be to receive and hold the
5 same in the name of the Commonwealth, in trust, for the purposes
6 for which such deposit is made. The State Treasurer shall at all
7 times be responsible for the custody and safekeeping of such
8 deposits. The operator making the deposit shall be entitled from
9 time to time to demand and receive from the State Treasurer, on
10 the written order of the secretary, the whole or any portion of
11 any collateral so deposited, upon depositing with him, in lieu
12 thereof, other collateral of the classes herein specified having
13 a market value at least equal to the sum of the bond, also to
14 demand, receive and recover the interest and income from said
15 negotiable bonds as the same becomes due and payable: Provided,
16 however, That where negotiable bonds, deposited as aforesaid,
17 mature or are called, the State Treasurer, at the request of the
18 permittee, shall convert such negotiable bonds into such other
19 negotiable bonds of the classes herein specified as may be
20 designated by the permittee: And provided further, That where
21 notice of intent to terminate a letter of credit is given, the
22 department shall, after 30 days written notice to the operator
23 and in the absence of a replacement of such letter of credit
24 within such 30-day period by the operator with other acceptable
25 bond guarantees provided herein, draw upon and convert such
26 letter of credit into cash and hold it as a collateral bond
27 guarantee.
28 (b) In the case of applications for permits where the
29 department determines that the operations are reasonably
30 anticipated to continue for a period of at least ten years from
19790H1840B3456 - 42 -
1 the date of application, the operator may elect to deposit
2 collateral and file a collateral bond as provided in subsection
3 (a) according to the following phase deposit schedule. The
4 operator shall, prior to commencing operations, deposit $10,000
5 or 25% of the amount of the bond determined under subsection
6 (a), whichever is greater. The operator shall, thereafter,
7 annually deposit 10% of the remaining bond amount for a period
8 of ten years. Interest accumulated by such collateral shall
9 become a part of the bond. The department may require additional
10 bonding at any time to meet the intent of subsection (a). The
11 collateral shall be deposited in trust, with the State Treasurer
12 as provided in subsection (a) or with a bank, selected by the
13 department, which shall act as trustee for the benefit of the
14 Commonwealth, according to rules and regulations promulgated
15 hereunder, to guarantee the operator's compliance with this act
16 and the statutes enumerated in subsection (a). The operator
17 shall be required to pay all costs of the trust. The collateral
18 deposit, or part thereof, shall be released of liability and
19 returned to the operator, together with a proportional share of
20 accumulated interest, upon the conditions of and pursuant to the
21 schedule and criteria for release provided in this act.
22 (c) The operator shall, prior to commencing operations on
23 any additional land exceeding the estimate made in the
24 application for a permit, file an additional application and
25 bond. Upon receipt of such additional application and related
26 documents and information as would have been required for the
27 additional land had it been included in the original application
28 for a permit and should all the requirements of this act be met
29 as were necessary to secure the permit, the secretary shall
30 promptly issue an amended permit covering the additional acreage
19790H1840B3456 - 43 -
1 covered by such application, and shall determine the additional
2 bond requirement therefor.
3 (d) If the operator abandons the operation of a municipal or
4 residual waste processing or disposal facility or a hazardous
5 waste storage, treatment or disposal facility for which a permit
6 is required by this section or if the permittee fails or refuses
7 to comply with the requirements of this act in any respect for
8 which liability has been charged on the bond, the secretary
9 shall declare the bond forfeited and shall certify the same to
10 the Department of Justice which shall proceed to enforce and
11 collect the amount of liability forfeited thereon, and where the
12 operation has deposited cash or securities as collateral in lieu
13 of a corporate surety, the secretary shall declare said
14 collateral forfeited and shall direct the State Treasurer to pay
15 said funds into the Waste Abatement Fund. Should any corporate
16 surety fail to promptly pay, in full, forfeited bond, it shall
17 be disqualified from writing any further surety bonds under this
18 act.
19 (e) Prior to the issuance of any license for the
20 transportation of hazardous waste, the applicant for a license
21 shall file with the department a collateral bond on a form
22 prescribed and furnished by the department. Such bond shall be
23 payable to the Commonwealth and conditioned upon compliance by
24 the licensee with every requirement of this act, rule and
25 regulation of the department, order of the department and term
26 and condition of the license. The amount of the bond required
27 shall be in an amount determined by the secretary, but in an
28 amount no less than $10,000. The department may require
29 additional bond amounts if the department determines such
30 additional amounts are necessary to guarantee compliance with
19790H1840B3456 - 44 -
1 this act. The licensee may elect to deposit cash or
2 automatically renewable irrevocable letters of credit which are
3 terminable only upon 90 days written notice to the operator and
4 the department, or negotiable bonds of the United States
5 Government or the Commonwealth of Pennsylvania, the Pennsylvania
6 Turnpike Commission, the General State Authority, the State
7 Public School Building Authority, or any municipality within the
8 Commonwealth. No corporate surety bond is authorized by this
9 subsection. The cash amount of such deposit, irrevocable letters
10 of credit, or market value of such securities shall be equal at
11 least to the sum of the bond. The secretary shall, upon receipt
12 of any such deposit of cash or negotiable bonds, immediately
13 place the same with the State Treasurer, whose duty it shall be
14 to receive and hold the same in the name of the Commonwealth, in
15 trust, for the purposes for which such deposit is made. The
16 State Treasurer shall at all times be responsible for the
17 custody and safekeeping of such deposits. The licensee making
18 the deposit shall be entitled from time to time to demand and
19 receive from the State Treasurer, on the written order of the
20 secretary, the whole or any portion of any collateral so
21 deposited, upon depositing with him, in lieu thereof, other
22 collateral of the classes herein specified having a market value
23 at least equal to the sum of the bond, also to demand, receive
24 and recover the interest and income from said negotiable bonds
25 as the same becomes due and payable: Provided, however, That
26 where negotiable bonds, deposited as aforesaid, mature or are
27 called, the State Treasurer, at the request of the permittee <--
28 LICENSEE, shall convert such negotiable bonds into such other <--
29 negotiable bonds of the classes herein specified as may be
30 designated by the permittee LICENSEE: And provided further, That <--
19790H1840B3456 - 45 -
1 where notice of intent to terminate a letter of credit is given,
2 the department shall, after 30 days written notice to the
3 operator LICENSEE and in the absence of a replacement of such <--
4 letter of credit within such 30-day period by the operator <--
5 LICENSEE with other acceptable bond guarantees provided herein, <--
6 draw upon and convert such letter of credit into cash and hold
7 it as a collateral bond guarantee. Liability under such bond
8 shall be for the duration of the license and for a period of one
9 year after the expiration of the license.
10 Section 506. Financial responsibility.
11 The Environmental Quality Board shall adopt such additional
12 regulations to provide for proof of financial responsibility of
13 owners or operators of hazardous waste storage, treatment, and
14 disposal facilities, as necessary or desirable for closure of
15 the facility, post-closure monitoring and maintenance, sudden
16 and accidental occurrences, and nonsudden and accidental
17 occurrences, and to comply with section 3004 of the Resource
18 Conservation and Recovery Act of 1976 42 U.S.C. § 6924.
19 SECTION 507. SITING OF HAZARDOUS WASTE TREATMENT AND DISPOSAL <--
20 FACILITIES.
21 (A) THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL HAVE THE
22 POWER AND AUTHORITY TO DEVELOP, PREPARE AND MODIFY THE
23 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN. THE PLAN SHALL
24 INCLUDE:
25 (1) CRITERIA AND STANDARDS FOR SITING HAZARDOUS WASTE
26 TREATMENT AND DISPOSAL FACILITIES.
27 (2) AN INVENTORY AND EVALUATION OF THE SOURCES OF
28 HAZARDOUS WASTE CONCENTRATION WITHIN THE COMMONWEALTH
29 INCLUDING TYPES AND QUANTITIES OF HAZARDOUS WASTE.
30 (3) AN INVENTORY AND EVALUATION OF CURRENT HAZARDOUS
19790H1840B3456 - 46 -
1 WASTE PRACTICES WITHIN THE COMMONWEALTH INCLUDING EXISTING
2 HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES.
3 (4) A DETERMINATION OF FUTURE HAZARDOUS WASTE FACILITY
4 NEEDS BASED ON AN EVALUATION OF EXISTING TREATMENT AND
5 DISPOSAL FACILITIES INCLUDING THEIR LOCATION, CAPACITIES AND
6 CAPABILITIES, AND THE EXISTING AND PROJECTED GENERATION OF
7 HAZARDOUS WASTE WITHIN THE COMMONWEALTH AND INCLUDING WHERE
8 THE DEPARTMENT WITHIN ITS DISCRETION FINDS SUCH INFORMATION
9 TO BE AVAILABLE, THE PROJECTED GENERATION OUTSIDE THE
10 COMMONWEALTH OF HAZARDOUS WASTES EXPECTED TO BE TRANSPORTED
11 INTO THE COMMONWEALTH FOR STORAGE, TREATMENT OR DISPOSAL.
12 (5) AN ANALYSIS OF METHODS, INCENTIVES OR TECHNOLOGIES
13 FOR SOURCE REDUCTION, DETOXIFICATION, REUSE AND RECOVERY OF
14 HAZARDOUS WASTE AND A STRATEGY FOR IMPLEMENTING SUCH METHODS,
15 INCENTIVES AND TECHNOLOGIES.
16 (6) IDENTIFICATION OF SUCH HAZARDOUS WASTE TREATMENT AND
17 DISPOSAL FACILITIES AND THEIR LOCATIONS (IN ADDITION TO
18 EXISTING FACILITIES) AS ARE NECESSARY TO PROVIDE FOR THE
19 PROPER MANAGEMENT OF HAZARDOUS WASTE GENERATED WITHIN THIS
20 COMMONWEALTH.
21 (B) IN PREPARATION OF THE PLAN THE DEPARTMENT SHALL CONSULT
22 WITH AFFECTED PERSONS, MUNICIPALITIES AND STATE AGENCIES. WITHIN <--
23 WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT THE
24 SECRETARY SHALL APPOINT THE PENNSYLVANIA HAZARDOUS WASTE
25 FACILITIES PLANNING ADVISORY COMMITTEE. THE DEPARTMENT SHALL
26 INSURE THAT THE ADVISORY BODY CONSIST OF SUBSTANTIALLY
27 EQUIVALENT PROPORTIONS OF THE FOLLOWING FOUR GROUPS: PRIVATE
28 CITIZENS, REPRESENTATIVES OF PUBLIC INTEREST GROUPS, PUBLIC
29 OFFICIALS AND CITIZENS OR REPRESENTATIVES OF ORGANIZATIONS WITH
30 SUBSTANTIAL ECONOMIC INTEREST IN THE PLAN. IT SHALL SPECIFICALLY
19790H1840B3456 - 47 -
1 INCLUDE BUT NOT BE LIMITED TO A REPRESENTATIVE OF A WASTE
2 TREATMENT OPERATOR, A WASTE TREATMENT GENERATOR, LOCAL <--
3 GOVERNMENTS, ENVIRONMENTALISTS, AND ACADEMIC SCIENTIST.
4 (C) THE COMMITTEE MAY RECOMMEND TO THE DEPARTMENT THE
5 ADOPTION OF SUCH RULES AND REGULATIONS, STANDARDS, CRITERIA AND
6 PROCEDURES AS IT DEEMS NECESSARY AND ADVISABLE FOR THE
7 PREPARATION, DEVELOPMENT, ADOPTION AND IMPLEMENTATION OF THE
8 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN.
9 (D) A VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED IN
10 THE SAME MANNER AS THE ORIGINAL APPOINTMENT AND THE SECRETARY OR
11 HIS REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE COMMITTEE.
12 (E) THE COMMITTEE SHALL ESTABLISH OPERATING PROCEDURES AND
13 MAY SOLICIT THE ADVICE OF MUNICIPALITIES OR OTHER PERSONS.
14 (F) THE COMMITTEE SHALL DISBAND AFTER ADOPTION OF THE PLAN
15 BY THE ENVIRONMENTAL QUALITY BOARD UNLESS THE COMMITTEE IS
16 RECONSTITUTED AS A PROVISION OF THE PLAN.
17 (G) NOT LATER THAN TWO YEARS AFTER THE DATE OF ENACTMENT OF
18 THIS ACT, THE ENVIRONMENTAL QUALITY BOARD SHALL ADOPT THE
19 PENNSYLVANIA HAZARDOUS WASTE FACILITIES PLAN AND THE DEPARTMENT
20 SHALL REVIEW AND AMEND SAID PLAN AS NECESSARY BUT IN NO EVENT
21 LESS THAN EVERY FIVE YEARS FOLLOWING ADOPTION.
22 ARTICLE VI
23 ENFORCEMENT AND REMEDIES
24 Section 601. Public nuisances.
25 Any violation of any provision of this act, any rule or
26 regulation of the department, any order of the department, or
27 any term or condition of any permit, shall constitute a public
28 nuisance. Any person or municipality committing such a violation
29 shall be liable for the costs of abatement of any pollution and
30 any public nuisance caused by such violation. The Environmental
19790H1840B3456 - 48 -
1 Hearing Board and any court of competent jurisdiction is hereby
2 given jurisdiction over actions to recover the costs of such
3 abatement.
4 Section 602. Enforcement orders.
5 (a) The department may issue orders to such persons and
6 municipalities as it deems necessary to aid in the enforcement
7 of the provisions of this act. Such orders may include, but
8 shall not be limited to, orders modifying, suspending or
9 revoking permits and orders requiring persons and municipalities
10 to cease unlawful activities or operations of a solid waste
11 facility which in the course of its operation is in violation of
12 any provision of this act, any rule or regulation of the
13 department or any terms and conditions of a permit issued under
14 this act. An order issued under this act shall take effect upon
15 notice, unless the order specifies otherwise. An appeal to the
16 Environmental Hearing Board shall not act as a supersedeas. The
17 power of the department to issue an order under this act is in
18 addition to any other remedy which may be afforded to the
19 department pursuant to this act or any other act.
20 (b) If the department finds that the storage, collection,
21 transportation, processing, treatment or disposal of solid waste
22 is causing pollution of the air, water, land or other natural
23 resources of the Commonwealth or is creating a public nuisance,
24 the department may order the person or the municipality to alter
25 its storage, collection, transportation, processing, treatment
26 or disposal systems to provide such storage, collection,
27 transportation, processing, treatment, or disposal systems as
28 will prevent pollution and public nuisances. Such order shall
29 specify the length of time after receipt of the order within
30 which the facility or area shall be repaired, altered,
19790H1840B3456 - 49 -
1 constructed or reconstructed.
2 (c) Any person or municipality ordered by the department to
3 repair, alter, construct, or reconstruct a solid waste facility
4 or area shall take such steps for the repair, alteration,
5 construction, or reconstruction of the facility or area as may
6 be necessary for the storage, processing, treatment and disposal
7 of its solid waste in compliance with this act and the rules and
8 regulations of the department, and standards and orders of the
9 department.
10 (D) THE DEPARTMENT OF ENVIRONMENTAL RESOURCES' INSPECTOR <--
11 RESOURCES SHALL HAVE THE POWER TO ORDER, ORALLY OR IN WRITING,
12 ANY PERSON OR MUNICIPALITY TO IMMEDIATELY SUSPEND OR MODIFY
13 HAZARDOUS WASTE TREATMENT OR DISPOSAL ACTIVITIES WHEN HE
14 DETERMINES THAT CONTINUED OPERATION WILL JEOPARDIZE PUBLIC
15 HEALTH, SAFETY OR WELFARE. SAID ORDER SHALL BE EFFECTIVE UPON
16 ISSUANCE AND MAY ONLY BE SUPERSEDED BY FURTHER DEPARTMENT ACTION
17 OR, AFTER AN APPEAL HAS BEEN PERFECTED, BY THE ENVIRONMENTAL <--
18 HEARING BOARD AFTER NOTICE AND HEARING. FURTHERMORE, SAID ORDER
19 MAY REQUIRE REMEDIAL ACTIONS TO BE TAKEN IN ORDER TO PREVENT
20 HARM TO PUBLIC HEALTH, SAFETY OR WELFARE. WITHIN TWO BUSINESS
21 DAYS AFTER THE ISSUANCE OF SUCH ORAL ORDER, THE DEPARTMENT SHALL
22 ISSUE A WRITTEN ORDER RECITING AND MODIFYING, WHERE APPROPRIATE,
23 THE TERMS AND CONDITIONS CONTAINED IN THE ORAL ORDER.
24 Section 603. Duty to comply with orders of the department.
25 It shall be the duty of any person and municipality to
26 proceed diligently to comply with any order issued pursuant to
27 section 602. If such person or municipality fails to proceed
28 diligently, or fails to comply with the order within such time,
29 if any, as may be specified, such person or municipality shall
30 be guilty of contempt, and shall be punished by the court in an
19790H1840B3456 - 50 -
1 appropriate manner and for this purpose, application may be made
2 by the department to the Commonwealth Court, which court is
3 hereby granted jurisdiction.
4 Section 604. Restraining violations.
5 (a) In addition to any other remedies provided in this act,
6 the department may institute a suit in equity in the name of the
7 Commonwealth where a violation of law or nuisance exists for an
8 injunction to restrain a violation of this act or the rules,
9 regulations, standards or orders adopted or issued thereunder
10 and to restrain the maintenance or threat of a public nuisance.
11 In any such proceeding, the court shall, upon motion of the
12 Commonwealth, issue a prohibitory or mandatory preliminary
13 injunction if it finds that the defendant is engaging in
14 unlawful conduct as defined by this act or is engaged in conduct
15 which is causing immediate and irreparable harm to the public.
16 The Commonwealth shall not be required to furnish bond or other
17 security in connection with such proceedings. In addition to an
18 injunction, the court in such equity proceedings, may levy civil
19 penalties as specified in section 605.
20 (b) In addition to any other remedies provided for in this
21 act, upon relation of any district attorney of any county
22 affected, or upon relation of the solicitor of any municipality
23 affected, an action in equity may be brought in a court of
24 competent jurisdiction for an injunction to restrain any and all
25 violations of this act or the rules and regulations promulgated
26 hereunder, or to restrain any public nuisance or detriment to
27 health.
28 (c) The penalties and remedies prescribed by this act shall
29 be deemed concurrent and the existence of or exercise of any
30 remedy shall not prevent the department from exercising any
19790H1840B3456 - 51 -
1 other remedy hereunder, at law or in equity.
2 (d) Actions instituted under this section may be filed in
3 the appropriate court of common pleas or in the Commonwealth
4 Court, which courts are hereby granted jurisdiction to hear such
5 actions.
6 Section 605. Civil penalties.
7 In addition to proceeding under any other remedy available at
8 law or in equity for a violation of any provision of this act,
9 any rule or regulation of the department or order of the
10 department or any term or condition of any permit issued by the
11 department, the department may assess a civil penalty upon a
12 person for such violation. Such a penalty may be assessed
13 whether or not the violation was willful or negligent. In
14 determining the amount of the penalty, the department shall
15 consider the willfulness of the violation, damage to air, water,
16 land or other natural resources of the Commonwealth or their
17 uses, cost of restoration and abatement, savings resulting to
18 the person in consequence of such violation, and other relevant
19 factors. If the violation leads to the issuance of a cessation
20 order or occurs after the release of security for performance, a
21 civil penalty shall be assessed. When the department proposes to
22 assess a civil penalty, it shall inform the person or
23 municipality of the proposed amount of said penalty. The person
24 charged with the penalty shall then have 30 days to pay the
25 proposed penalty in full or, if the person wishes to contest
26 either the amount of the penalty or the fact of the violation,
27 the person shall within such 30 day period file an appeal of
28 such action with the Environmental Hearing Board. and forward <--
29 the proposed amount to the department within 30 days for
30 placement in an escrow account with the State Treasurer or any
19790H1840B3456 - 52 -
1 Pennsylvania bank. Failure to appeal within 30 days shall result
2 in a waiver of all legal rights to contest the violation or the
3 amount of the penalty. Any other statute to the contrary <--
4 notwithstanding, there shall be no statute of limitations upon
5 actions brought by the department pursuant to this section. The
6 maximum civil penalty which may be assessed pursuant to this
7 section is $25,000 per offense. Each violation for each separate
8 day and each violation of any provision of this act, any rule or
9 regulation under this act, any order of the department, or any
10 term or condition of a permit shall constitute a separate and
11 distinct offense under this section. A GENERATOR OF HAZARDOUS <--
12 WASTE WHO HAS COMPLIED WITH SECTION 403 AND HAS DESIGNATED ON
13 THE MANIFEST A FACILITY PERMITTED TO TREAT OR DISPOSE OF HIS
14 WASTES SHALL NOT BE HELD LIABLE FOR CIVIL PENALTIES WITH RESPECT
15 TO SUCH WASTES BY OTHER PERSONS AFTER:
16 (1) THE WASTES HAVE BEEN TRANSPORTED IN COMPLIANCE WITH
17 ALL APPLICABLE PROVISIONS OF THIS ACT AND REGULATIONS
18 PROMULGATED AND LICENSES ISSUED THEREUNDER; AND
19 (2) SUCH WASTES HAVE BEEN ACCEPTED BY A DISPOSAL OR
20 TREATMENT FACILITY PERMITTED TO RECEIVE SUCH WASTES AND
21 DESIGNATED ON THE MANIFEST.
22 Section 606. Criminal penalties.
23 (a) Any person, OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <--
24 HIS OFFICIAL DUTIES, or ANY municipality who violates any <--
25 provision of this act, the rules and regulations of the
26 department, or any order of the department, or any term or
27 condition of any permit upon conviction thereof in a summary
28 proceeding, shall be sentenced to pay a fine of not less than
29 $100 and not more than $1,000 and costs and, in default of the
30 payment of such fine and costs, to undergo imprisonment for not
19790H1840B3456 - 53 -
1 more than 30 days.
2 (b) Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <--
3 HIS OFFICIAL DUTIES who violates any provision of this act, any
4 rule or regulation of the department, any order of the
5 department, or any term or condition of any permit, shall be
6 guilty of a misdemeanor of the third degree and, upon
7 conviction, shall be sentenced to pay a fine of not less than
8 $1,000 but not more than $25,000 per day for each violation or
9 to imprisonment for a period of not more than one year, or both.
10 (c) Any person OTHER THAN A MUNICIPAL OFFICIAL EXERCISING <--
11 HIS OFFICIAL DUTIES who, within two years after a conviction of
12 a misdemeanor for any violation of this act, violates any
13 provision of this act, any rule or regulation of the department,
14 any order of the department, or any term or condition of any
15 permit shall be guilty of a misdemeanor of the second degree
16 and, upon conviction, shall be sentenced to pay a fine of not
17 less than $2,500 nor more than $50,000 for each violation or to
18 imprisonment for a period of not more than two years, or both.
19 (D) ANY PERSON OR MUNICIPALITY THAT KNOWINGLY: <--
20 (1) TRANSPORTS ANY HAZARDOUS WASTE TO A FACILITY WHICH
21 DOES NOT HAVE A PERMIT UNDER THIS ACT TO ACCEPT SUCH WASTE
22 FOR STORAGE, TREATMENT OR DISPOSAL; OR <--
23 (2) STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE <--
24 WITHOUT HAVING OBTAINED A PERMIT OF SUCH STORAGE, TREATMENT
25 OR DISPOSAL; OR
26 (3) (2) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN
27 ANY APPLICATION LABEL, MANIFEST, RECORD, REPORT, PERMIT OR
28 OTHER DOCUMENT RELATING TO HAZARDOUS WASTE GENERATION,
29 STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL, WHICH IS
30 FILED, SUBMITTED, MAINTAINED OR USED FOR PURPOSES OF
19790H1840B3456 - 54 -
1 COMPLIANCE WITH THIS ACT OR ANY MUNICIPALITY WHICH KNOWINGLY
2 STORES, TREATS OR DISPOSES OF ANY HAZARDOUS WASTE WITHOUT
3 HAVING OBTAINED A PERMIT FOR SUCH STORAGE, TREATMENT OR
4 DISPOSAL;
5 SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND, UPON
6 CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
7 $1,000 BUT NOT MORE THAN $25,000 PER DAY FOR EACH VIOLATION.
8 (E) ANY PERSON OR MUNICIPALITY THAT WITHIN TWO YEARS AFTER A
9 CONVICTION OF A MISDEMEANOR FOR ANY VIOLATION OF THIS ACT,
10 COMMITS A VIOLATION OF SUBSECTION (F) (D), SHALL BE GUILTY OF A <--
11 MISDEMEANOR OF THE SECOND DEGREE AND UPON CONVICTION, SHALL BE
12 SENTENCED TO PAY A FINE OF NOT LESS THAN $2,500 NOR MORE THAN
13 $50,000 FOR EACH VIOLATION OR TO A TERM OF IMPRISONMENT OF NOT
14 LESS THAN TWO YEARS, BUT NOT MORE THAN 20 YEARS, OR BOTH.
15 (d) (F) Any person who stores, transports, treats, or <--
16 disposes of hazardous waste within the Commonwealth in violation
17 of section 401, or in violation of any order of the department
18 shall be guilty of a felony of the second degree and, upon
19 conviction, shall be sentenced to pay a fine of not less than
20 $2,500 but not more than $100,000 per day for each violation or
21 to imprisonment for not less than two years but not more than
22 ten years, or both.
23 (e) (G) Any person who intentionally, knowingly OR <--
24 recklessly, or negligently stores, transports, treats, or <--
25 disposes of hazardous waste within the Commonwealth in violation
26 of any provision of this act, and whose acts or omissions cause
27 pollution, a public nuisance or bodily injury to any person,
28 shall be guilty of a felony of the first degree, and upon
29 conviction, shall be sentenced to pay a fine of not less than
30 $10,000 but not more than $500,000 per day for each violation or
19790H1840B3456 - 55 -
1 to a term of imprisonment of not less than two years, but not
2 more than 20 years, or both.
3 (f) (H) Each violation for each separate day and each <--
4 violation of any provision of this act, any rule or regulation
5 of the department, any order of the department, or term and
6 condition of a permit shall constitute a separate and distinct
7 offense under subsections (a), (b), (c), (d) and (e).
8 (g) (I) With respect to the offenses specified in subsection <--
9 (a), (b), (c) and (d) (F), it is the legislative purpose to <--
10 impose absolute liability for such offenses. HOWEVER, A <--
11 GENERATOR WHO HAS COMPLIED WITH SECTION 403 SHALL NOT BE HELD
12 CRIMINALLY LIABLE UNDER THIS SECTION IF SUCH WASTES HAVE BEEN <--
13 TRANSPORTED TO SUCH FACILITY IN COMPLIANCE WITH ALL APPLICABLE <--
14 PROVISIONS OF THIS ACT AND THE REGULATIONS PROMULGATED AND
15 LICENSES ISSUED THEREUNDER, AND PROVIDED THAT SUCH WASTES HAVE
16 BEEN ACCEPTED BY SUCH A FACILITY DESIGNATED IN ACCORDANCE WITH <--
17 SECTION 403(B)(6).
18 (h) (J) With respect to the offenses specified in <--
19 subsections (a), (b), (c), (d) and (e),, (E), (F) AND (G), it is <--
20 the legislative purpose to impose liability on corporations.
21 Section 607. Existing rights and remedies preserved; cumulative
22 remedies authorized.
23 Nothing in this act shall be construed as estopping the
24 Commonwealth, or any district attorney or solicitor of a
25 municipality, from proceeding in courts of law or equity to
26 abate pollution forbidden under this act, or abate nuisances
27 under existing law. It is hereby declared to be the purposes of
28 this act to provide additional and cumulative remedies to
29 control the collection, storage, transportation, processing,
30 treatment, and disposal of solid waste within the Commonwealth,
19790H1840B3456 - 56 -
1 and nothing contained in this act shall in any way abridge or
2 alter rights of action or remedies now or hereafter existing in
3 equity, or under the common law or statutory law, criminal or
4 civil, nor shall any provision in this act, or the granting of
5 any permit under this act, or any act done by virtue of this
6 act, be construed as estopping the Commonwealth, persons or
7 municipalities, in the exercise of their rights under the common
8 law or decisional law or in equity, from proceeding in courts of
9 law or equity to suppress nuisances, or to abate any pollution
10 now or hereafter existing, or to enforce common law or statutory
11 rights. No courts of this Commonwealth having jurisdiction to
12 abate public or private nuisances shall be deprived of such
13 jurisdiction in any action to abate any private or public
14 nuisance instituted by any person for the reasons that such
15 nuisance constitutes air or water pollution.
16 Section 608. Production of materials; recordkeeping
17 requirements; rights of entry.
18 The department and its agents and employees shall: under any <--
19 and all circumstances:
20 (1) Have access to, and require the production of, books
21 and papers, documents, and physical evidence pertinent to any
22 matter under investigation.
23 (2) Require any person or municipality engaged in the
24 storage, transportation, processing, treatment or disposal of
25 any solid waste to establish and maintain such records and
26 make such reports and furnish such information as the
27 department may prescribe.
28 (3) Enter any building, property, premises or place
29 WHERE SOLID WASTE IS GENERATED, STORED, PROCESSED, TREATED OR <--
30 DISPOSED OF for the purposes of making such investigation or
19790H1840B3456 - 57 -
1 inspection as may be necessary to ascertain the compliance or
2 noncompliance by any person or municipality with the
3 provisions of this act and the rules or regulations
4 promulgated hereunder. In connection with such inspection or
5 investigation, samples may be taken of any solid, semisolid,
6 liquid or contained gaseous material for analysis. IF ANY <--
7 ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF
8 THE ANALYSIS SHALL BE FURNISHED WITHIN FIVE BUSINESS DAYS TO
9 THE PERSON HAVING APPARENT AUTHORITY OVER THE BUILDING,
10 PROPERTY, PREMISES OR PLACE.
11 Section 609. Search warrants.
12 An agent or employee of the department may apply for a search
13 warrant to any Commonwealth official authorized to issue a
14 search warrant for the purposes of inspecting or examining any
15 property, building, premise, place, book, record or other
16 physical evidence, of conducting tests, or of taking samples of
17 any solid waste. Such warrant shall be issued upon probable
18 cause. It shall be sufficient probable cause to show any of the
19 following:
20 (1) that the inspection, examination, test, or sampling
21 is pursuant to a general administrative plan to determine
22 compliance with this act;
23 (2) that the agent or employee has reason to believe
24 that a violation of this act has occurred or may occur; or
25 (3) that the agent or employee has been refused access
26 to the property, building, premise, place, book, record or
27 physical evidence, or has been prevented from conducting
28 tests or taking samples.
29 Section 610. Unlawful conduct.
30 It shall be unlawful for any person or municipality to:
19790H1840B3456 - 58 -
1 (1) Dump or deposit, or permit the dumping or
2 depositing, of any solid waste onto the surface of the ground
3 or underground or into the waters of the Commonwealth, by any
4 means, unless a permit for the dumping of such solid wastes
5 has been obtained from the department; provided, the
6 Environmental Quality Board may by regulation exempt certain
7 activities associated with normal farming operations as
8 defined by this act from such permit requirements.
9 (2) Construct, alter, operate or utilize a solid waste
10 storage, treatment, processing or disposal facility without a
11 permit from the department as required by this act or in
12 violation of the rules or regulations adopted under this act,
13 or orders of the department, or in violation of any term or
14 condition of any permit issued by the department.
15 (3) Burn solid wastes without a permit from the
16 department.
17 (4) Store, collect, transport, process, treat, or
18 dispose of, or assist in the storage, collection,
19 transportation, processing, treatment, or disposal of, solid
20 waste contrary to the rules or regulations adopted under this
21 act, or orders of the department, or any term or any
22 condition of any permit, or in any manner as to create a
23 public nuisance or to adversely affect the public health,
24 safety and welfare.
25 (5) Transport hazardous waste without first having
26 obtained a license from the department to conduct such
27 transport activities.
28 (6) Transport or permit the transportation of any solid
29 waste to any storage, treatment, processing or disposal
30 facility or area unless such facility or area possesses a
19790H1840B3456 - 59 -
1 permit issued by the department to accept such wastes, or
2 contrary to the rules or regulations adopted under this act,
3 or orders of the department, or in such a manner as to
4 adversely affect or endanger the public health, safety and
5 welfare or environment through which such transportation
6 occurs.
7 (7) Refuse, hinder, obstruct, delay, or threaten any
8 agent or employee of the department in the course of
9 performance of any duty under this act, including, but not
10 limited to, entry and inspection under any circumstances.
11 (8) Consign, assign, sell, entrust, give or in any way
12 transfer residual or hazardous waste which is at any time
13 subsequently, by any such person or any other person;
14 (i) dumped or deposited or discharged in any manner
15 into the surface of the earth or underground or into the
16 waters of the Commonwealth unless a permit for the
17 dumping or depositing or discharging of such residual or
18 hazardous waste has first been obtained from the
19 department; or
20 (ii) stored, treated, processed, disposed of or
21 discharged by a residual or hazardous waste facility
22 unless such facility is operated under a permit first
23 obtained from the department.
24 (9) Cause or assist in the violation of any provision of
25 this act, any rule or regulation of the department, any order
26 of the department or any term or condition of any permit.
27 Section 611. Presumption of law for civil and administrative <--
28 proceedings.
29 It shall be presumed as a rebuttable presumption of law that
30 a person or municipality which stores, treats, or disposes of
19790H1840B3456 - 60 -
1 hazardous waste shall be liable, without proof of fault,
2 negligence, or causation, for all damages, contamination or
3 pollution within 2,500 feet of the perimeter of the area where
4 hazardous waste activities have been carried out. Such
5 presumption may be overcome by clear and convincing evidence
6 that the person or municipality so charged did not contribute to
7 the damage, contamination, or pollution.
8 SECTION 611. PRESUMPTION OF LAW FOR CIVIL AND ADMINISTRATIVE <--
9 PROCEEDINGS.
10 IT SHALL BE PRESUMED AS A REBUTTABLE PRESUMPTION OF LAW THAT
11 A PERSON OR MUNICIPALITY WHICH STORES, TREATS, OR DISPOSES OF
12 HAZARDOUS WASTE SHALL BE LIABLE, WITHOUT PROOF OF FAULT,
13 NEGLIGENCE, OR CAUSATION, FOR ALL DAMAGES, CONTAMINATION OR
14 POLLUTION WITHIN 2,500 FEET OF THE PERIMETER OF THE AREA WHERE
15 HAZARDOUS WASTE ACTIVITIES HAVE BEEN CARRIED OUT. SUCH
16 PRESUMPTION MAY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE
17 THAT THE PERSON OR MUNICIPALITY SO CHARGED DID NOT CONTRIBUTE TO
18 THE DAMAGE, CONTAMINATION, OR POLLUTION.
19 Section 612 611 612. Collection of fines and penalties. <--
20 All fines and penalties shall be collectible in any manner
21 provided by law for the collection of debts. If any person
22 liable to pay any such penalty neglects or refuses to pay the
23 same after demand, the amount together with interest and any
24 costs that may accrue, shall be a judgment in favor of the
25 Commonwealth upon the property of such person, but only after
26 same has been entered and docketed of record by the prothonotary
27 of the county where such property is situated. The department
28 may, at any time, transmit to the prothonotaries of the
29 respective counties certified copies of all such judgments, and
30 it shall be the duty of each prothonotary to enter and docket
19790H1840B3456 - 61 -
1 the same of record in his office, and to index the same as
2 judgments are indexed, without requiring the payment of costs as
3 a condition precedent to the entry thereof.
4 Section 613 612 613. Recovery of costs of abatement. <--
5 Any person or municipality who causes a public nuisance shall
6 be liable for the costs of abatement. The department, any
7 Commonwealth agency, or any municipality which undertakes to
8 abate a public nuisance may recover the costs of abatement in an
9 action in equity brought before any court of competent
10 jurisdiction. In addition, the Environmental Hearing Board is
11 hereby given jurisdiction over actions by the department to
12 recover the costs of abatement.
13 Section 614 613 614. Forfeiture of contraband. <--
14 Any vehicle, equipment, or conveyance used for the
15 transportation or disposal of of hazardous waste in the <--
16 commission of an offense under section 606 shall be deemed
17 contraband and shall be seized and forfeited to the department.
18 The provisions of law relating to the seizure, summary and
19 judicial forfeiture, and condemnation of intoxicating liquor
20 shall apply to seizures and forfeitures under the provisions of
21 this section.
22 Section 615 614 615. Right of citizen to initiate or intervene <--
23 in proceedings.
24 Any citizen of this Commonwealth having an interest which is
25 or may be adversely affected shall have the right on his own
26 behalf, without posting bond, to initiate or intervene in any <--
27 action brought pursuant to section 602, 604, 605 or 607. 604 OR <--
28 605.
29 Section 616 615 616. Notice of proposed settlement. <--
30 If a settlement is proposed in any action brought pursuant to
19790H1840B3456 - 62 -
1 section 602, 604, 605, 606 or 607, 604 OR 605, the terms of such <--
2 settlement shall be published in a newspaper of general
3 circulation in the area where the violations are alleged to have
4 occurred at least 30 days prior to the time when such settlement
5 is to take effect. The publication shall contain a solicitation
6 for public comments concerning such settlement which shall be
7 directed to the government agency bringing the action.
8 SECTION 616 617. LIMITATION ON ACTION. <--
9 THE PROVISIONS OF ANY OTHER STATUTE TO THE CONTRARY NOT
10 WITHSTANDING, ACTIONS FOR CIVIL OR CRIMINAL PENALTIES UNDER THIS
11 ACT MAY BE COMMENCED AT ANY TIME WITHIN A PERIOD OF 20 YEARS
12 FROM THE DATE THE OFFENSE IS DISCOVERED.
13 ARTICLE VII
14 SOLID WASTE ABATEMENT FUND
15 Section 701. Solid Waste Abatement Fund.
16 (A) All fines, penalties AND bond forfeitures and fees <--
17 collected under the provisions of this act shall be paid into
18 the Treasury of the Commonwealth into a special fund to be known
19 as the "Solid Waste Abatement Fund" hereby established. The
20 Solid Waste Abatement Fund shall be administered by the
21 department for abatement or elimination of present or potential
22 hazards to human health or to the environment from the improper
23 treatment, transportation, storage, processing, or disposal of
24 solid wastes, and for the enforcement of this act.
25 (B) ALL SUCH MONEYS PLACED IN THE SOLID WASTE ABATEMENT FUND <--
26 UNDER THE PROVISIONS OF THIS SECTION ARE HEREBY MADE AVAILABLE
27 IMMEDIATELY, AND ARE HEREBY SPECIFICALLY APPROPRIATED TO THE
28 DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS SECTION.
29 (C) ESTIMATES OF THE AMOUNTS TO BE EXPENDED UNDER THIS ACT
30 SHALL BE SUBMITTED TO THE GOVERNOR FOR HIS APPROVAL OR
19790H1840B3456 - 63 -
1 DISAPPROVAL.
2 ARTICLE VIII <--
3 COMMONWEALTH LIABILITY <--
4 LEASING REAL ESTATE <--
5 SECTION 801. COMMONWEALTH LIABILITY. NO PROHIBITION AGAINST <--
6 LEASING REAL ESTATE.
7 (A) THE COMMONWEALTH SHALL DEFEND, INDEMNIFY AND SAVE <--
8 HARMLESS ITS EMPLOYEES FROM ANY AND ALL CLAIMS OF DAMAGE, INJURY
9 OR LIABILITY ARISING OR RESULTING FROM THE PERFORMANCE OF THEIR
10 DUTIES UNDER THIS ACT. IF A CAUSE OF ACTION RESULTS IN A FINAL
11 JUDGMENT OF A COURT OF COMPETENT JURISDICTION ENTERED AGAINST
12 THE COMMONWEALTH, THE DEPARTMENT, ITS OFFICERS OR EMPLOYEES
13 ARISING OUT OF THE OWNERSHIP, CONSTRUCTION, OPERATION OR
14 MAINTENANCE OF A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY
15 SAID JUDGMENT SHALL BE SUBJECT TO THE LIMITATION OF DAMAGES
16 PROVISIONS OF 42 PA.C.S. § 5111 (RELATING TO LIMITATIONS ON
17 DAMAGES) AND SHALL BE A JUDGMENT AGAINST THE GENERAL FUND OF THE
18 COMMONWEALTH AND SHALL NOT BE CHARGEABLE TO ANY ANNUAL
19 APPROPRIATION OF THE DEPARTMENT. THIS PROVISION IS NOT INTENDED
20 TO CREATE NEW LIABILITIES OR WAIVE EXISTING IMMUNITIES.
21 (B) NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT THE
22 COMMONWEALTH FROM LEASING STATE LAND SUCH REAL ESTATE OWNED BY <--
23 THE COMMONWEALTH AS IS NOT BEING USED IN CONNECTION WITH THE
24 WORK OF ANY DEPARTMENT, BOARD OR COMMISSION THEREOF FOR A PERIOD
25 OF NOT MORE THAN 50 YEARS TO INDIVIDUALS, FIRMS, CORPORATIONS OR
26 THE UNITED STATES GOVERNMENT PURSUANT TO SECTION 2402(I) OF "THE
27 ADMINISTRATIVE CODE OF 1929," FOR THE PURPOSE OF OPERATING
28 HAZARDOUS WASTE STORAGE, TREATMENT OR DISPOSAL FACILITIES.
29 ARTICLE VIII IX <--
30 LIBERAL CONSTRUCTION
19790H1840B3456 - 64 -
1 Section 801 901. Construction of act. <--
2 The terms and provisions of this act are to be liberally
3 construed, so as to best achieve and effectuate the goals and
4 purposes hereof. Notwithstanding any other provision of this act <--
5 to the contrary, this act shall not be construed to empower any
6 agency of the Commonwealth of Pennsylvania to acquire, construct
7 or operate any hazardous waste facilities, otherwise known as
8 siting.
9 ARTICLE IX X <--
10 REPEALER; EFFECTIVE DATE
11 Section 901 1001. Repeal. <--
12 The act of July 31, 1968 (P.L.788, No.241), known as the
13 "Pennsylvania Solid Waste Management Act," is repealed: <--
14 PROVIDED, HOWEVER, THAT ALL PERMITS AND ORDERS ISSUED, MUNICIPAL
15 SOLID WASTE MANAGEMENT PLANS APPROVED, AND REGULATIONS
16 PROMULGATED UNDER SUCH ACT SHALL REMAIN IN FULL FORCE AND EFFECT
17 UNLESS AND UNTIL MODIFIED, AMENDED, SUSPENDED OR REVOKED.
18 Section 902 1002. Severability. <--
19 If any provision of this act or the application thereof to <--
20 the disposal of nuclear or radioactive wastes is held invalid,
21 such invalidity shall not effect other provisions or
22 applications of this act which can be given effect without the
23 invalid provisions or application and to this end the provisions
24 of this act are declared to be severable.
25 Section 903 1003. Effective date. <--
26 This act shall take effect immediately. <--
27 SECTION 402 OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY; THE <--
28 REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
J9L54RC/19790H1840B3456 - 65 -