PRIOR PRINTER'S NOS. 581, 1207, 1415, PRINTER'S NO. 1519 1507
No. 528 Session of 1987
INTRODUCED BY FISHER, RHOADES, HELFRICK, REIBMAN, SHUMAKER, LEWIS, SCANLON, CORMAN, SALVATORE, LEMMOND, ROSS, STAUFFER AND MUSTO, MARCH 10, 1987
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 20, 1987
AN ACT 1 Providing for planning for the processing and disposal of 2 municipal waste; requiring counties to submit plans for 3 municipal waste management systems within their boundaries; 4 authorizing grants to counties and municipalities for 5 planning, resource recovery and recycling; imposing and 6 collecting fees; establishing certain rights for host 7 municipalities; requiring municipalities to implement 8 recycling programs; requiring Commonwealth agencies to 9 procure recycled materials; imposing duties; granting powers 10 to counties and municipalities; authorizing the Environmental 11 Quality Board to adopt regulations; authorizing the 12 Department of Environmental Resources to implement this act; 13 providing remedies; prescribing penalties; establishing a 14 fund; and making repeals. 15 TABLE OF CONTENTS 16 Chapter 1. General Provisions 17 Section 101. Short title. 18 Section 102. Legislative findings; declaration of policy and 19 goals. 20 Section 103. Definitions. 21 Section 104. Construction of act. 22 Chapter 3. Powers and Duties 23 Section 301. Powers and duties of department.
1 Section 302. Powers and duties of Environmental Quality Board. 2 Section 303. Powers and duties of counties. 3 Section 304. Powers and duties of municipalities other than 4 counties. 5 Chapter 5. Municipal Waste Planning 6 Section 501. Schedule for submission of municipal waste 7 management plans. 8 Section 502. Content of municipal waste management plans. 9 Section 503. Development of municipal waste management plans. 10 Section 504. Failure to ratify plan. 11 Section 505. Review of municipal waste management plans. 12 Section 506. Contracts. 13 Section 507. Relationship between plans and permits. 14 Section 508. Studies. 15 Section 509. Best available technology. 16 Section 510. Permit requirements. 17 Section 511. Site limitation. 18 SECTION 512. ISSUANCE OF PERMITS. <-- 19 Chapter 7. Recycling Fee 20 Section 701. Recycling fee for municipal waste landfills and 21 resource recovery facilities. 22 Section 702. Form and timing of recycling fee payment. 23 Section 703. Collection and enforcement of fee. 24 Section 704. Records. 25 Section 705. Surcharge. 26 Section 706. Recycling Fund. 27 Chapter 9. Grants 28 Section 901. Planning grants. 29 Section 902. Grants for development and implementation of 30 municipal recycling programs. 19870S0528B1519 - 2 -
1 Section 903. Grants for recycling coordinators. 2 Section 904. General limitations. 3 Chapter 11. Assistance to Municipalities 4 Section 1101. Information provided to host municipalities. 5 Section 1102. Joint inspections with host municipalities. 6 Section 1103. Water supply testing for contiguous landowners. 7 Section 1104. Water supply protection. 8 Section 1105. Purchase of cogenerated electricity. 9 Section 1106. Public Utility Commission. 10 Section 1107. Claims resulting from pollution occurrences. 11 Section 1108. Site-specific postclosure fund. 12 Section 1109. Trust fund for municipally operated landfills. 13 Section 1110. Independent evaluation of permit applications. 14 Section 1111. Protection of capacity. 15 Chapter 13. Host Municipality Benefit Fee 16 Section 1301. Host municipality benefit fee. 17 Section 1302. Form and timing of host municipality benefit fee 18 payment. 19 Section 1303. Collection and enforcement of fee. 20 Section 1304. Records. 21 Section 1305. Surcharge. 22 Chapter 15. Recycling and Waste Reduction 23 Section 1501. Municipal implementation of recycling programs. 24 Section 1502. Facilities operation and recycling. 25 Section 1503. Commonwealth recycling and waste reduction. 26 Section 1504. Procurement by Department of General Services. 27 Section 1505. Procurement by Department of Transportation. 28 Section 1506. Procurement options for local public agencies 29 and certain Commonwealth agencies. 30 Section 1507. Recycling at educational institutions. 19870S0528B1519 - 3 -
1 Chapter 17. Enforcement and Remedies 2 Section 1701. Unlawful conduct. 3 Section 1702. Enforcement orders. 4 Section 1703. Restraining violations. 5 Section 1704. Civil penalties. 6 Section 1705. Criminal penalties. 7 Section 1706. Existing rights and remedies preserved; 8 cumulative remedies authorized. 9 Section 1707. Production of materials; recordkeeping 10 requirements. 11 Section 1708. Withholding of State funds. 12 Section 1709. Collection of fines, fees, etc. 13 Section 1710. Right of citizen to intervene in proceedings. 14 Section 1711. Remedies of citizens. 15 Section 1712. Affirmative defense. 16 SECTION 1713. PUBLIC INFORMATION. <-- 17 Chapter 19. Miscellaneous Provisions 18 Section 1901. Severability. 19 Section 1902. Repeals. 20 Section 1903. Effective date. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 CHAPTER 1 24 GENERAL PROVISIONS 25 Section 101. Short title. 26 This act shall be known and may be cited as the Municipal 27 Waste Planning, Recycling and Waste Reduction Act. 28 Section 102. Legislative findings; declaration of policy and 29 goals. 30 (a) Legislative findings.--The Legislature hereby 19870S0528B1519 - 4 -
1 determines, declares and finds that: 2 (1) Improper municipal waste practices create public 3 health hazards, environmental pollution and economic loss, 4 and cause irreparable harm to the public health, safety and 5 welfare. 6 (2) Parts of this Commonwealth have inadequate and 7 rapidly diminishing processing and disposal capacity for 8 municipal waste. 9 (3) Virtually every county in this Commonwealth will 10 have to replace existing municipal waste processing and 11 disposal facilities over the next decade. 12 (4) Needed additional municipal waste processing and 13 disposal facilities have not been developed in a timely 14 manner because of diffused responsibility for municipal waste 15 planning, processing and disposal among numerous and 16 overlapping units of local government. 17 (5) It is necessary to give counties the primary 18 responsibility to plan for the processing and disposal of 19 municipal waste generated within their boundaries to insure 20 the timely development of needed processing and disposal 21 facilities. 22 (6) Proper and adequate processing and disposal of 23 municipal waste generated within a county requires the 24 generating county to give first choice to new processing and 25 disposal sites located within that county. 26 (7) It is appropriate to provide those living near 27 municipal waste processing and disposal facilities with 28 additional guarantees of the proper operation of such 29 facilities and to provide incentives for municipalities to 30 host such facilities. 19870S0528B1519 - 5 -
1 (8) Waste reduction and recycling are preferable to the 2 processing or disposal of municipal waste. 3 (9) Prompt payment and efficient collection of the 4 recycling fee created by this act are essential to the 5 administration of the recycling grants provided by this act. 6 (10) Authorizing counties to control the flow of 7 municipal waste and recyclable constituents of municipal 8 waste is necessary to guarantee, among other things, the long 9 term economic viability of resource recovery facilities and 10 municipal waste landfills, ensure that such facilities and 11 landfills can be financed, moderate the cost of such 12 facilities and landfills over the long term, protect existing 13 capacity, and assist in the development of markets for 14 recyclable materials by guaranteeing a steady flow of such 15 materials. 16 (11) Public agencies in the Commonwealth purchase 17 significant quantities of products or materials annually. 18 (12) By purchasing products or materials made from 19 recycled materials, public agencies in the Commonwealth can 20 help stimulate the market for such materials and thereby 21 foster recycling, and can also educate the public concerning 22 the utility and availability of such materials. 23 (13) Removing certain materials from the municipal 24 waste-stream will decrease the flow of solid waste to 25 municipal waste landfills, aid in the conservation and 26 recovery of valuable resources, conserve energy in the 27 manufacturing process, increase the supply of reusable 28 materials for the Commonwealth's industries, and will also 29 reduce substantially the required capacity of proposed 30 resource recovery facilities and contribute to their overall 19870S0528B1519 - 6 -
1 combustion efficiency, thereby resulting in significant cost 2 savings in the planning, construction and operation of these 3 facilities. 4 (14) It is in the public interest to promote the source 5 separation of marketable waste materials on a Statewide basis 6 so that reusable materials may be returned to the economic 7 mainstream in the form of raw materials or products rather 8 than be disposed of at the Commonwealth's overburdened 9 municipal waste processing or disposal facilities. 10 (15) The recycling of marketable materials by 11 municipalities in the Commonwealth and Commonwealth agencies, 12 and the development of public and private sector recycling 13 activities on an orderly and incremental basis, will further 14 demonstrate the Commonwealth's long term commitment to an 15 effective and coherent solid waste management strategy. 16 (16) Operators of municipal waste landfills and resource 17 recovery facilities should give first priority to the 18 disposal or processing of municipal waste generated within 19 the host county because, among other reasons, the host county 20 is most directly affected by operations at the facility, and 21 because local processing or disposal of municipal waste saves 22 energy and transportation costs. 23 (17) The Commonwealth recognizes that both municipal 24 waste landfills and resource recovery facilities will be 25 needed as part of an integrated strategy to provide for the 26 processing and disposal of the Commonwealth's municipal 27 waste. 28 (18) THIS ACT IS ENACTED UNDER THE AUTHORITY OF <-- 29 AMENDMENT X OF THE CONSTITUTION OF THE UNITED STATES OF 30 AMERICA, UNDER WHICH THE POLICE POWER TO PROTECT THE HEALTH, 19870S0528B1519 - 7 -
1 SAFETY AND WELFARE OF THE CITIZENS IS RESERVED TO THE STATES. 2 (19) THE COMMONWEALTH IS RESPONSIBLE FOR THE PROTECTION 3 OF THE HEALTH, SAFETY AND WELFARE OF ITS CITIZENS CONCERNING 4 SOLID WASTE MANAGEMENT. 5 (20) ALL ASPECTS OF SOLID WASTE MANAGEMENT, PARTICULARLY 6 THE DISPOSITION OF SOLID WASTE, POSE A CRITICAL THREAT TO THE 7 HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THIS 8 COMMONWEALTH. 9 (b) Purpose.--It is the purpose of this act to: 10 (1) Establish and maintain a cooperative State and local 11 program of planning and technical and financial assistance 12 for comprehensive municipal waste management. 13 (2) Encourage the development of waste reduction and 14 recycling as a means of managing municipal waste, conserving 15 resources and supplying energy through planning, grants and 16 other incentives. 17 (3) Protect the public health, safety and welfare from 18 the short and long term dangers of transportation, 19 processing, treatment, storage and disposal of municipal 20 waste. 21 (4) Provide a flexible and effective means to implement 22 and enforce the provisions of this act. 23 (5) Utilize, wherever feasible, the capabilities of 24 private enterprise in accomplishing the desired objectives of 25 an effective, comprehensive solid waste management plan. 26 (6) Establish a recycling fee for municipal waste 27 landfills and resource recovery facilities to provide grants 28 for recycling, planning and related purposes. 29 (7) Establish a host municipality benefit fee for 30 municipal waste landfills and resource recovery facilities 19870S0528B1519 - 8 -
1 that are permitted after the effective date of this act and 2 to provide benefits to host municipalities for the presence 3 of such facilities. 4 (8) Establish a site-specific postclosure fee for 5 currently operating and future permitted municipal waste 6 landfills for remedial measures and emergency actions that 7 are necessary to prevent or abate adverse effects upon the 8 environment after the closure of such landfills. 9 (9) Establish trust funds for municipally operated 10 landfills to ensure that there are sufficient funds available 11 for completing the final closure of such landfills under the 12 Solid Waste Management Act. 13 (10) Shift the primary responsibility for developing and 14 implementing municipal waste management plans from 15 municipalities to counties. 16 (11) Require all public agencies of the Commonwealth to 17 aid and promote the development of recycling through their 18 procurement policies for the general welfare and economy of 19 the Commonwealth. 20 (12) Require certain municipalities to implement 21 recycling programs to return valuable materials to productive 22 use, to conserve energy and to protect capacity at municipal 23 waste processing or disposal facilities. 24 (13) Implement Article 1, section 27 of the Constitution 25 of Pennsylvania. 26 (c) Declaration of goals.--The General Assembly therefore 27 declares the following goals: 28 (1) At least 25% of all municipal waste generated in 29 this Commonwealth on and after January 1, 1997, should be 30 recycled. 19870S0528B1519 - 9 -
1 (2) The weight or volume of municipal waste generated 2 per capita in this Commonwealth on January 1, 1997, should, 3 to the greatest extent practicable, be less than the weight 4 or volume of municipal waste generated per capita on the 5 effective date of this act. 6 (3) Each person living or working in this Commonwealth 7 shall be taught the economic, environmental, and energy value 8 of recycling and waste reduction, and shall be encouraged 9 through a variety of means to participate in such activities. 10 (4) The Commonwealth should, to the greatest extent 11 practicable, procure and use products and materials with 12 recycled content, and procure and use materials that are 13 recyclable. 14 Section 103. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Abatement." The restoration, reclamation, recovery, etc., 19 of a natural resource adversely affected by the activity of a 20 person. 21 "Commission." The Pennsylvania Public Utility Commission and 22 its authorized representatives. 23 "Commonwealth agency." The Commonwealth and its departments, 24 boards, commissions and agencies, Commonwealth owned 25 universities, and the State Public School Building Authority, 26 the State Highway and Bridge Authority, and any other authority 27 now in existence or hereafter created or organized by the 28 Commonwealth. 29 "County." Includes the City of Philadelphia but not 30 Philadelphia County. 19870S0528B1519 - 10 -
1 "Department." The Department of Environmental Resources of 2 the Commonwealth and its authorized representatives. 3 "Disposal." The deposition, injection, dumping, spilling, 4 leaking or placing of solid waste into or on the land or water 5 in a manner that the solid waste or a constituent of the solid 6 waste enters the environment, is emitted into the air or is 7 discharged to the waters of this Commonwealth. 8 "Feasibility study." A study which analyzes a specific 9 municipal waste processing or disposal system to assess the 10 likelihood that the system can be successfully implemented, 11 including, but not limited to, an analysis of the prospective 12 market, the projected costs and revenues of the system, the 13 municipal waste-stream that the system will rely upon and 14 various options available to implement the system. 15 "Host municipality." The municipality other than the county 16 within which a municipal waste landfill or resource recovery 17 facility is located or is proposed to be located. 18 "Leaf waste." Leaves, garden residues, shrubbery and tree 19 trimmings, and similar material, but not including grass 20 clippings. 21 "Local public agency." 22 (1) Counties, cities, boroughs, towns, townships, school 23 districts, and any other authority now in existence or 24 hereafter created or organized by the Commonwealth. 25 (2) All municipal or school or other authorities now in 26 existence or hereafter created or organized by any county, 27 city, borough, township or school district or any combination 28 thereof. 29 (3) Any and all other public bodies, authorities, 30 councils of government, officers, agencies or 19870S0528B1519 - 11 -
1 instrumentalities of the foregoing, whether exercising a 2 governmental or proprietary function. 3 "Management." The entire process, or any part thereof, of 4 storage, collection, transportation, processing, treatment and 5 disposal of solid wastes by any person engaging in such process. 6 "Municipal recycling program." A source separation and 7 collection program for recycling municipal waste, or a program 8 for designated drop-off points or collection centers for 9 recycling municipal waste, that is operated by or on behalf of a 10 municipality. The term includes any source separation and 11 collection program for composting yard waste that is operated by 12 or on behalf of a municipality. The term shall not include any 13 program for recycling demolition waste or sludge from sewage 14 treatment plants or water supply treatment plants. 15 "Municipal waste." Any garbage, refuse, industrial lunchroom 16 or office waste and other material, including solid, liquid, 17 semisolid or contained gaseous material, resulting from 18 operation of residential, municipal, commercial or institutional 19 establishments and from community activities and any sludge not 20 meeting the definition of residual or hazardous waste in the 21 Solid Waste Management Act from a municipal, commercial or 22 institutional water supply treatment plant, waste water 23 treatment plant or air pollution control facility. 24 "Municipal waste landfill." Any facility that is designed, 25 operated or maintained for the disposal of municipal waste, 26 whether or not such facility possesses a permit from the 27 department under the Solid Waste Management Act. The term shall 28 not include any facility that is used exclusively for disposal 29 of demolition waste or sludge from sewage treatment plants or 30 water supply treatment plants. 19870S0528B1519 - 12 -
1 "Municipality." A county, city, borough, incorporated town, 2 township or home rule municipality. 3 "Operator." A person engaged in solid waste processing or 4 disposal. Where more than one person is so engaged in a single 5 operation, all persons shall be deemed jointly and severally 6 responsible for compliance with the provisions of this act. 7 "Person." Any individual, partnership, corporation, 8 association, institution, cooperative enterprise, municipality, 9 municipal authority, Federal Government or agency, State 10 institution or agency (including, but not limited to, the 11 Department of General Services and the State Public School 12 Building Authority), or any other legal entity whatsoever which 13 is recognized by law as the subject of rights and duties. In any 14 provisions of this act prescribing a fine, imprisonment or 15 penalty, or any combination of the foregoing, the term "person" 16 shall include the officers and directors of any corporation or 17 other legal entity having officers and directors. 18 "Pollution." Contamination of any air, water, land or other 19 natural resources of this Commonwealth that will create or is 20 likely to create a public nuisance or to render the air, water, 21 land or other natural resources harmful, detrimental or 22 injurious to public health, safety or welfare, or to domestic, 23 municipal, commercial, industrial, agricultural, recreational or 24 other legitimate beneficial uses, or to livestock, wild animals, 25 birds, fish or other life. 26 "Post consumer waste material." Any product generated by a 27 business or consumer which has served its intended end use, and 28 which has been separated from solid waste for the purposes of 29 collection, recycling, and disposition. The term includes 30 industrial byproducts that would otherwise go to disposal or 19870S0528B1519 - 13 -
1 processing facilities. The term does not include internally 2 generated scrap that is commonly returned to industrial or 3 manufacturing process. 4 "Processing." Any technology used for the purpose of 5 reducing the volume or bulk of municipal waste or any technology 6 used to convert part or all of such waste materials for offsite 7 reuse. Processing facilities include, but are not limited to, 8 transfer facilities, composting facilities and resource recovery 9 facilities. 10 "Project development." Those activities required to be 11 conducted prior to constructing a processing or disposal 12 facility that has been shown to be feasible, including, but not 13 limited to, public input and participation, siting, procurement 14 and vendor contract negotiations, and market and municipal waste 15 supply assurance negotiations. 16 "Public agency." Any Commonwealth agency or local public 17 agency. 18 "Reasonable expansion." The growth of an existing permitted 19 landfill to land which is contiguous to the existing landfill 20 which contiguous land is owned in fee by the owner of the 21 landfill or which land is subject to an irrevocable option 22 exercisable within one year in favor of the owner of the 23 landfill on the date that the plan is submitted and which 24 contiguous land contains the same geological features which are 25 present at the existing landfill. 26 "Recycled content." Products or materials containing post 27 consumer waste materials. 28 "Recycling." The collection, separation, recovery and sale 29 or reuse of metals, glass, paper, leaf waste, plastics and other 30 materials which would otherwise be disposed or processed as 19870S0528B1519 - 14 -
1 municipal waste. 2 "Remaining available permitted capacity." The remaining 3 permitted capacity that is actually available for processing or 4 disposal to the county or other municipality that generated the 5 waste. 6 "Remaining permitted capacity." The weight or volume of 7 municipal waste that can be processed or disposed at an existing 8 municipal waste processing or disposal facility. The term shall 9 include only weight or volume capacity for which the department 10 has issued a permit under the Solid Waste Management Act. The 11 term shall not include any facility that the department 12 determines, or has determined, has failed and continues to fail 13 to comply with the provisions of the Solid Waste Management Act, 14 and the regulations promulgated pursuant thereto, or any permit 15 conditions. 16 "Residual waste." Any garbage, refuse, other discarded 17 material or other waste, including solid, liquid, semisolid or 18 contained gaseous materials resulting from industrial, mining 19 and agricultural operations and any sludge from an industrial, 20 mining or agricultural water supply treatment facility, waste 21 water treatment facility or air pollution control facility, 22 provided that it is not hazardous. The term shall not include 23 coal refuse as defined in the act of September 24, 1968 24 (P.L.1040, No.318), known as the Coal Refuse Disposal Control 25 Act. The term shall not include treatment sludges from coal mine 26 drainage treatment plants, disposal of which is being carried on 27 pursuant to and in compliance with a valid permit issued 28 pursuant to the act of June 22, 1937 (P.L.1987, No.394), known 29 as The Clean Streams Law. 30 "Resource recovery facility." A facility that provides for 19870S0528B1519 - 15 -
1 the extraction and utilization of materials or energy from 2 municipal waste that is generated off-site, including, but not 3 limited to, a facility that mechanically extracts materials from 4 municipal waste, a combustion facility that converts the organic 5 fraction of municipal waste to usable energy, and any chemical 6 and biological process that converts municipal waste into a fuel 7 product or other usable materials. The term also includes any 8 facility for the combustion of municipal waste that is generated 9 off-site, whether or not the facility is operated to recover 10 energy. The term does not include methane gas extraction from a <-- 11 municipal waste landfill, nor shall it include any separation 12 and collection center, drop-off point or collection center for 13 recycling municipal waste, or any source separation or 14 collection center for composting leaf waste. 15 "Secretary." The Secretary of Environmental Resources of the 16 Commonwealth. 17 "Solid waste." Solid waste, as defined in the act of July 7, 18 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 19 "Solid Waste Abatement Fund." The fund created pursuant to 20 section 701 of the Solid Waste Management Act. 21 "Solid Waste Management Act." The act of July 7, 1980 22 (P.L.380, No.97). 23 "Storage." The containment of any municipal waste on a 24 temporary basis in such a manner as not to constitute disposal 25 of such waste. It shall be presumed that the containment of any 26 municipal waste in excess of one year constitutes disposal. This 27 presumption can be overcome by clear and convincing evidence to 28 the contrary. 29 "Transportation." The offsite removal of any municipal waste 30 at any time after generation. 19870S0528B1519 - 16 -
1 "Treatment." Any method, technique or process, including, 2 but not limited to, neutralization, designed to change the 3 physical, chemical or biological character or composition of any 4 municipal waste so as to neutralize such waste or so as to 5 render such waste safer for transport, suitable for recovery, 6 suitable for storage or reduced in volume. 7 "Waste reduction." Design, manufacture or use of a product 8 to minimize weight of municipal waste that requires processing 9 or disposal, including, but not limited to: 10 (1) design or manufacturing activities which minimize 11 the weight or volume of materials contained in a product, or 12 increase durability or recyclability; and 13 (2) use of products that contain as little material as 14 possible, are capable of being reused or recycled or have an 15 extended useful life. 16 Section 104. Construction of act. 17 (a) Liberal construction.--The terms and provisions of this 18 act are to be liberally construed, so as to best achieve and 19 effectuate the goals and purposes hereof. 20 (b) Para materia.--This act shall be construed in para 21 materia with the Solid Waste Management Act. 22 CHAPTER 3 23 POWERS AND DUTIES 24 Section 301. Powers and duties of department. 25 The department, in consultation with the Department of Health 26 regarding matters of public health significance, shall have the 27 power and its duty shall be to: 28 (1) Administer the municipal waste planning, recycling 29 and waste reduction program pursuant to the provisions of 30 this act and the regulations promulgated pursuant thereto. 19870S0528B1519 - 17 -
1 (2) Cooperate with appropriate Federal, State, interstate 2 and local units of government and with appropriate private 3 organizations in carrying out its duties under this act. 4 (3) Provide technical assistance to municipalities and 5 Commonwealth agencies, including, but not limited to, the 6 training of personnel. 7 (4) Initiate, conduct and support research, 8 demonstration projects and investigations, and coordinate all 9 State agency research programs pertaining to municipal waste 10 management systems. 11 (5) Regulate municipal waste planning, including, but 12 not limited to, the development and implementation of county 13 municipal waste management plans. 14 (6) Approve, conditionally approve or disapprove 15 municipal waste management plans, issue orders, conduct 16 inspections and abate public nuisances to implement the 17 provisions and purposes of this act and the regulations 18 promulgated pursuant to this act. 19 (7) Serve as the agency of the Commonwealth for the 20 receipt of moneys from the Federal Government or other public 21 agencies or private agencies and expend such moneys for 22 studies and research with respect to, and for the enforcement 23 and administration of, the provisions and purposes of this 24 act and the regulations promulgated pursuant thereto. 25 (8) Institute, in a court of competent jurisdiction, 26 proceedings against any person to compel compliance with the 27 provisions of this act, any regulation promulgated pursuant 28 thereto, any order of the department, or the terms and 29 conditions of any approved municipal waste management plan. 30 (9) Institute prosecutions against any person under this 19870S0528B1519 - 18 -
1 act. 2 (10) Appoint such advisory committees as the secretary 3 deems necessary and proper to assist the department in 4 carrying out the provisions of this act. The secretary is 5 authorized to pay reasonable and necessary expenses incurred 6 by the members of such advisory committees in carrying out 7 their functions. 8 (11) Encourage and, where the department determines it 9 is appropriate, require counties and other municipalities to 10 carry out their duties under this act, using the full range 11 of incentives and enforcement authority provided in this act. 12 (12) Take any action not inconsistent with this act that 13 the department may deem necessary or proper to collect the 14 recycling fee provided by this act, and to insure the payment 15 of the host municipality benefit fee and to ensure the 16 payment of the site-specific postclosure fee and moneys for 17 the trust fund for municipally operated landfills provided by 18 this act. 19 (13) Administer and distribute moneys in the Recycling 20 Fund for any public educational programs on recycling and 21 waste reduction that the department believes to be 22 appropriate, for technical assistance to counties in the 23 preparation of municipal waste management plans, for 24 technical assistance to municipalities concerning recycling 25 and waste reduction, to conduct research, and for other 26 purposes consistent with this act. 27 (14) To promote and emphasize recycling and waste 28 reduction in the Commonwealth by, among other things: 29 (i) Conducting a comprehensive, innovative and 30 effective public education program concerning the value 19870S0528B1519 - 19 -
1 of recycling and waste reduction, and of public 2 opportunities to participate in such activities, in 3 cooperation with the Department of Education. 4 (ii) Developing and maintaining a data base on 5 recycling and waste reduction in the Commonwealth, and 6 making the information in that data base available to the 7 public. 8 (iii) Coordinating recycling and waste reduction 9 efforts among Commonwealth agencies. 10 (iv) Providing financial and other assistance to 11 municipalities that are required by section 1501 to 12 implement recycling programs. 13 (15) Do any and all other acts and things, not 14 inconsistent with any provision of this act, which it may 15 deem necessary or proper for the effective enforcement of 16 this act and the regulations promulgated pursuant thereto 17 after consulting with the Department of Health regarding 18 matters of public health significance. 19 Section 302. Powers and duties of Environmental Quality Board. 20 The Environmental Quality Board shall have the power and its 21 duty shall be to adopt the regulations of the department to 22 accomplish the purposes and to carry out the provisions of this 23 act. 24 Section 303. Powers and duties of counties. 25 (a) Primary responsibility of county.--Each county shall 26 have the power and its duty shall be to insure the availability 27 of adequate permitted processing and disposal capacity for the 28 municipal waste which is generated within its boundaries. As 29 part of this power, a county: 30 (1) May require all persons collecting or transporting 19870S0528B1519 - 20 -
1 municipal waste within the county to obtain licenses for the 2 purpose of directing waste to facilities designated pursuant 3 to subsection (e). 4 (2) Shall have the power and duty to implement its 5 approved plan as it relates to the processing and disposal of 6 municipal waste generated within its boundaries. 7 (3) May plan for the processing and disposal of 8 municipal waste generated outside its boundaries and to 9 implement its approved plan as it relates to the processing 10 and disposal of such waste. 11 (4) MAY PROHIBIT MUNICIPAL WASTE PROCESSING OR DISPOSAL <-- 12 FACILITIES LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE 13 COUNTY FROM PROCESSING OR DISPOSING OF MUNICIPAL WASTE 14 GENERATED OR PRODUCED OUTSIDE THE GEOGRAPHICAL BOUNDARIES OF 15 THE COUNTY IF THIS PROCESSING OR DISPOSAL WOULD SIGNIFICANTLY 16 DIMINISH THE PROCESSING OR DISPOSAL CAPACITY OF THE 17 FACILITIES. 18 (b) Joint planning.--Any two or more counties may adopt and 19 implement a single municipal waste management plan for the 20 municipal waste generated within the combined area of the 21 counties. 22 (c) Ordinances and resolutions.--In carrying out its duties 23 under this section, a county may adopt ordinances, resolutions, 24 regulations and standards for the processing and disposal of 25 municipal waste, which shall not be less stringent than, and not 26 in violation of or inconsistent with, the provisions and 27 purposes of the Solid Waste Management Act, this act and the 28 regulations promulgated pursuant thereto. 29 (d) Delegation of county responsibility.--A county may enter 30 into a written agreement with another municipality or municipal 19870S0528B1519 - 21 -
1 authority pursuant to which the person undertakes to fulfill 2 some or all of the county's responsibilities under this act for 3 municipal waste planning and implementation of the approved 4 county plan. Any such person shall be jointly and severally 5 responsible with the county for municipal waste planning and 6 implementation of the approved county plan in accordance with 7 this act and the regulations promulgated pursuant thereto. 8 (e) Designated sites.--A county with an approved municipal 9 waste management plan that was submitted pursuant to section 10 501(a) or (c) of this act is also authorized to require that all 11 municipal wastes generated within its boundaries shall be 12 processed or disposed at a designated processing or disposal 13 facility that is contained in the approved plan and permitted by 14 the department under the act of July 7, 1980 (P.L.380, No.97), 15 known as the Solid Waste Management Act. No county shall direct 16 municipal waste that would otherwise be recycled to any resource 17 recovery facility or other facility for purposes other than 18 recycling such waste. THIS SUBSECTION SHALL NOT APPLY TO <-- 19 MUNICIPAL WASTE GOING TO EXISTING OR FUTURE ON-SITE CAPTIVE 20 COMMERCIAL DISPOSAL FACILITIES USED FOR THE EXCLUSIVE DISPOSAL 21 OF MUNICIPAL WASTE GENERATED BY THAT COMMERCIAL OPERATION. 22 (f) Report.--On or before April 1 of each year, each county 23 shall submit a report to the department describing: 24 (1) Its progress in implementing its department-approved 25 municipal waste management plan or in developing such a plan. 26 (2) The weight or volume of materials that were recycled 27 by municipal recycling programs in the county in the 28 preceding calendar year. 29 Section 304. Powers and duties of municipalities other than 30 counties. 19870S0528B1519 - 22 -
1 (a) Responsibility of other municipalities.--Each 2 municipality other than a county shall have the power and its 3 duty shall be to assure the proper and adequate transportation, 4 collection and storage of municipal waste which is generated or 5 present within its boundaries and to adopt and implement 6 programs for the collection and recycling of municipal waste as 7 provided in this act. 8 (b) Ordinances.--In carrying out its duties under this 9 section, a municipality other than a county may adopt 10 resolutions, ordinances, regulations and standards for the 11 transportation, storage and collection of municipal wastes, 12 which shall not be less stringent than, and not in violation of 13 or inconsistent with, the provisions and purposes of the Solid 14 Waste Management Act, this act and the regulations promulgated 15 pursuant thereto. 16 (c) Delegation CONTRACTING of responsibility.--A <-- 17 municipality other than a county may contract with any 18 municipality or, municipal authority OR OTHER PERSONS to carry <-- 19 out its duties for the transportation, collection and storage of 20 municipal waste, if the transportation, collection or storage 21 activity or facility is conducted or operated in a manner that 22 is consistent with the Solid Waste Management Act, this act and 23 the regulations promulgated pursuant thereto. ANY SUCH PERSON <-- 24 SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE WITH THE MUNICIPALITY 25 OTHER THAN A COUNTY WHEN CARRYING OUT ITS DUTIES FOR 26 TRANSPORTATION, COLLECTION OR STORAGE ACTIVITY OR FACILITY. 27 (d) Designated sites.--A municipality other than a county 28 may require by ordinance that all municipal waste generated 29 within its jurisdiction shall be disposed of at a designated 30 permitted facility. Such ordinance shall remain in effect until 19870S0528B1519 - 23 -
1 the county in which the municipality is located adopts a waste 2 flow control ordinance as part of a plan submitted to the 3 department pursuant to section 501(a) or (c) and approved by the 4 department. Except as provided in section 502(m), any such 5 county ordinance shall supersede any such municipal ordinance to 6 the extent that the municipal ordinance is inconsistent with the 7 county ordinance. 8 (e) Term and renewals of certain contracts.--The governing 9 body of a municipality other than a county shall have the power 10 to, and may, enter into contracts having an initial term of five 11 years with optional renewal periods of up to five years with 12 persons responsible for the collection or transportation of 13 municipal waste generated within the municipality. The 14 limitations imposed on contracts by section 1502(XXVII) of the 15 act of June 24, 1931 (P.L.1206, No.331), known as The First 16 Class Township Code, and section 702 (VIII) of the act of May 1, 17 1933 (P.L.103, No.69), known as The Second Class Township Code, 18 shall not apply to contracts entered into pursuant to this act. 19 (f) Report.--On or before February 15 of each year, each 20 municipality other than a county that is implementing a 21 recycling program shall submit a report to the county in which 22 the municipality is located. The report shall describe the 23 weight or volume of materials that were recycled by the 24 municipal recycling program in the preceding calendar year. 25 CHAPTER 5 26 MUNICIPAL WASTE PLANNING 27 Section 501. Schedule for submission of municipal waste 28 management plans. 29 (a) Submission of plan.--Except as provided in subsections 30 (b) and (c), each county shall submit to the department within 19870S0528B1519 - 24 -
1 two and one-half years of the effective date of this act an 2 officially adopted plan for a municipal waste management plan 3 for municipal waste generated within its boundaries. Such plan 4 shall be consistent with the requirements of this act. 5 (b) Existing plans.--A county that has submitted a complete 6 municipal waste management plan to the department for approval 7 on or before 30 days from the effective date of this act, shall 8 be deemed to have a plan approved pursuant to section 505 if, on 9 or before the effective date of this act: 10 (1) The department has granted technical or preliminary 11 approval of such plan under 25 Pa. Code §§ 75.11 through 12 75.13. 13 (2) More than one-half of the municipalities within the 14 county, representing more than one-half of the county's 15 population as determined by the most recent decennial census 16 by the United States Bureau of the Census, have adopted 17 resolutions approving such plan. 18 (c) Plan revisions.--Each county with an approved municipal 19 waste management plan shall submit a revised plan to the 20 department in accordance with the requirements of this act: 21 (1) At least three years prior to the time all remaining 22 available permitted capacity for the county will be 23 exhausted. 24 (2) For plans approved pursuant to subsection (b), 25 within two years of the effective date of this act. Such plan 26 revisions shall be consistent with the requirements of this 27 chapter except to the extent that the county demonstrates to 28 the department's satisfaction that irrevocable contracts made 29 by or pursuant to the approved plan preclude compliance with 30 the requirements of this chapter. 19870S0528B1519 - 25 -
1 (3) When otherwise required by the department. 2 (d) Procedure for considering plan revisions.--At least 30 3 days before submitting any proposed plan revision to the 4 department, the county shall submit a copy of the proposed 5 revision to the advisory committee established pursuant to 6 section 503 and to each municipality within the county. All plan 7 revisions that are determined by the county or by the department 8 to be substantial shall be subject to the requirements of 9 sections 503 and 504. The plan revisions required by subsection 10 (c)(2) shall be considered substantial plan revisions. 11 Section 502. Content of municipal waste management plans. 12 (a) General rule.--Except as provided in section 501(b), 13 every plan submitted after the effective date of this act shall 14 comply with the provisions of this section. 15 (b) Description of waste.--The plan shall describe and 16 explain the origin, content and weight or volume of municipal 17 waste currently generated within the county's boundaries, and 18 the origin, content and weight or volume of municipal waste that 19 will be generated within the county's boundaries during the next 20 ten years. 21 (c) Description of facilities.--The plan shall identify and 22 describe the facilities where municipal waste is currently being 23 disposed or processed and the remaining available permitted 24 capacity of such facilities and the capacity which could be made 25 available through the reasonable expansion of such facilities. 26 The plan shall contain an analysis of the effect of current and 27 planned recycling on waste generated within the county. The plan 28 shall also explain the extent to which existing facilities will 29 be used during the life of the plan, and shall not substantially 30 impair the use of their remaining permitted capacity or of 19870S0528B1519 - 26 -
1 capacity which could be made available through the reasonable 2 expansion of such facilities. For purposes of this subsection, 3 existing facilities shall include facilities for which a permit 4 application under the Solid Waste Management Act is filed with 5 the department within one year from the effective date of this 6 act or the date a plan is approved, whichever is the later, 7 unless such permit application is denied by the department. In 8 addition, the plan shall give consideration to the potential 9 expansion of existing municipal waste processing or disposal 10 facilities located in the county. For the purposes of this 11 subsection, the department shall determine whether applications 12 are complete within 90 days of their receipt and, if incomplete, 13 specify to the applicant all deficiencies of the application. 14 (d) Estimated future capacity.--The plan shall estimate the 15 processing or disposal capacity needed for the municipal waste 16 that will be generated in the county during the next ten years. 17 The assessment shall describe the primary variables affecting 18 this estimate and the extent to which they can reasonably be 19 expected to affect the estimate, including, but not limited to, 20 the amount of residual waste disposed or processed at municipal 21 waste disposal or processing facilities in the county and the 22 extent to which residual waste may be disposed or processed at 23 such facilities during the next ten years. 24 (e) Description of recyclable waste.-- 25 (1) The plan shall describe and evaluate: 26 (i) The kind and weight or volume of municipal waste 27 that could be recycled, giving consideration at a minimum 28 to the following materials: clear glass, colored glass, 29 aluminum, steel and bimetallic cans, high grade office 30 paper, newsprint, corrugated paper, plastics, leaf waste 19870S0528B1519 - 27 -
1 and grass clippings. 2 (ii) Potential benefits of recycling, including the 3 potential solid waste reduction and the avoided cost of 4 municipal waste processing or disposal. 5 (iii) Existing materials recovery operations and the 6 kind and weight or volume of materials recycled by the 7 operations, whether public or private. 8 (iv) The compatibility of recycling with other 9 municipal waste processing or disposal methods, giving 10 consideration to and describing anticipated and available 11 markets for materials collected through municipal 12 recycling programs. 13 (v) Proposed or existing collection methods for 14 recyclable materials. 15 (vi) Options for ensuring the collection of 16 recyclable materials. 17 (vii) Options for the processing, storage and sale 18 of recyclable materials, including market commitments. 19 The plan shall consider the results of the market 20 development study required by section 508, if the results 21 are available. 22 (viii) Options for municipal cooperation or 23 agreement for the collection, processing and sale of 24 recyclable materials. 25 (ix) A schedule for implementation of the recycling 26 program. 27 (x) Estimated costs of operating and maintaining a 28 recycling program, estimated revenue from the sale or use 29 of materials and avoided costs of processing or disposal. 30 (xi) What consideration for the collection, 19870S0528B1519 - 28 -
1 marketing and disposition of recyclable materials will be 2 accorded to persons engaged in the business of recycling 3 on the effective date of this act, whether or not the 4 persons are operating for profit. 5 (2) Any county containing municipalities that are 6 required by section 1501 to implement recycling programs 7 shall take the provisions of that section into account in 8 preparing the recycling portion of its plan. 9 (3) Nothing in this chapter shall be construed or 10 understood to require preparation of a county municipal waste 11 management plan prior to developing and implementing any 12 recycling program required by Chapter 15. 13 (f) Financial factors.--The plan shall describe the type, 14 mix, size, expected cost and proposed methods of financing the 15 facilities, recycling programs or waste reduction programs that 16 are proposed for the processing and disposal of the municipal 17 waste that will be generated within the county's boundaries 18 during the next ten years. For every proposed facility, 19 recycling program or waste reduction program, the plan shall 20 discuss all of the following: 21 (1) Explain in detail the reason for selecting such 22 facility or program. 23 (2) Describe alternative facilities or programs, 24 including, but not limited to, waste reduction, recycling, or 25 resource recovery facilities or programs, that were 26 considered. 27 (3) Evaluate the environmental, energy, life cycle cost 28 and economic advantages and disadvantages of the proposed 29 facility or program as well as the alternatives considered. 30 (4) Show that adequate provision for existing and 19870S0528B1519 - 29 -
1 reasonably anticipated future recycling has been made in
2 designing the size of any proposed facility.
3 (5) Set forth a time schedule and program for planning,
4 design, siting, construction and operation of each proposed
5 facility or program.
6 (g) Location.--The plan shall identify the general location
7 within a county where each municipal waste processing or
8 disposal facility and each recycling operation identified in
9 subsection (f) will be located, and either identify the site of
10 each facility if the site has already been chosen or explain how
11 the site will be chosen. For any facility that is proposed to be
12 located outside the county, the plan shall explain in detail the
13 reasons for selecting such a facility.
14 (h) Implementing entity identification.--The plan shall
15 identify the governmental entity that will be responsible for
16 implementing the plan on behalf of the county and describe the
17 legal basis for that entity's authority to do so.
18 (i) Public function.--Where the county determines that it is
19 in the public interest for municipal waste transportation,
20 processing and disposal to be a public function, the plan shall
21 provide for appropriate mechanisms.
22 (j) Copies of ordinances and resolutions.--The plan shall
23 include any proposed waste flow control ordinances ORDINANCES, <--
24 CONTRACTS or requirements that will be used to insure the
25 operation of any facilities proposed in the plan. For each
26 ordinance, CONTRACT or requirement, the plan shall identify the <--
27 areas of the county to be affected, the expected effective date
28 and the implementing mechanism.
29 (k) Orderly extension.--The plan shall provide for the
30 orderly extension of municipal waste management systems in a
19870S0528B1519 - 30 -
1 manner that is consistent with the needs of the area and is also 2 consistent with any existing State, regional or local plans 3 affecting the development, use and protection of air, water, 4 land or other natural resources. The plan shall also take into 5 consideration planning, zoning, population estimates, 6 engineering and economics. 7 (L) METHODS OF DISPOSAL OTHER THAN BY CONTRACT.--IF THE <-- 8 COUNTY PROPOSES TO REQUIRE, BY MEANS OTHER THAN CONTRACTS, THAT 9 MUNICIPAL WASTES GENERATED WITHIN ITS BOUNDARIES BE PROCESSED OR 10 DISPOSED AT A DESIGNATED FACILITY, THE PLAN SHALL SO STATE. THE 11 PLAN SHALL EXPLAIN THE BASIS FOR SUCH A PROPOSAL, GIVING 12 CONSIDERATION TO ALTERNATIVE MEANS OF ENSURING THAT WASTE 13 GENERATED WITHIN THE COUNTY'S BOUNDARIES IS PROCESSED OR 14 DISPOSED IN AN ENVIRONMENTALLY ACCEPTABLE MANNER. A COPY OF THE 15 PROPOSED ORDINANCE OR OTHER LEGAL INSTRUMENT THAT WOULD 16 EFFECTUATE THIS PROPOSAL SHALL ALSO BE INCLUDED. 17 (M) COUNTY OWNERSHIP.--IF THE COUNTY PROPOSES TO OWN OR 18 OPERATE A MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITY, THE 19 PLAN SHALL SO STATE. THE PLAN SHALL ALSO EXPLAIN THE BASIS FOR 20 SUCH A PROPOSAL, GIVING CONSIDERATION TO THE COMPARATIVE COSTS 21 AND BENEFITS OF PRIVATE OWNERSHIP AND OPERATION OF MUNICIPAL 22 WASTE PROCESSING OR DISPOSAL FACILITIES. 23 (l) (N) Other information.--The plan shall include any other <-- 24 information that the department may require. 25 (m) (O) Noninterference with certain resource recovery <-- 26 facilities and landfills.-- 27 (1) No EXCEPT AS PROVIDED IN SECTION 303(A)(4), NO <-- 28 county municipal waste management plan shall interfere with 29 any of the following: 30 (i) The design, construction or operation of any 19870S0528B1519 - 31 -
1 municipal waste processing, disposal or resource recovery 2 facility or the reasonable expansion of such facility or 3 municipal waste landfill that is part of a complete 4 municipal waste management plan submitted by a 5 municipality or organization of municipalities under the 6 Solid Waste Management Act prior to the effective date of 7 this act or the date such plan is undertaken, whichever 8 is the later, and for which a complete permit application 9 under the Solid Waste Management Act is submitted to the 10 department within one year of the effective date of this 11 act. 12 (ii) The projects, plans or operations of a 13 municipality authority created under the act of May 2, 14 1945 (P.L.382, No.164), known as the Municipality 15 Authorities Act of 1945, or of an organization of 16 municipalities which (municipality authority or 17 organization of municipalities) is created by two or more 18 municipalities prior to the effective date of this act 19 for the purposes of providing for collection, storage, 20 transportation, processing or disposal of solid waste 21 generated within the municipalities and which 22 (municipality authority or organization of 23 municipalities) submits to the department within two 24 years of the effective date of this act, and has approved 25 by the department, a solid waste management plan, 26 consistent with the other provisions of this section, 27 that includes each member municipality. This subparagraph 28 applies to the projects, plans and operations of 29 municipalities which are members of the municipality 30 authority or organization of municipalities. 19870S0528B1519 - 32 -
1 (2) Within 120 days after receiving a complete plan, the 2 department shall give it preliminary or technical approval 3 under 25 Pa. Code §§ 75.11 through 75.13 or disapprove it. 4 For the purposes of this subsection, the department shall 5 determine whether applications are complete within 90 days of 6 their receipt and, if incomplete, specify to the applicant 7 all deficiencies of the application. 8 Section 503. Development of municipal waste management plans. 9 (a) Advisory committee.--Prior to preparing a plan or 10 substantial plan revisions for submission to the department in 11 accordance with the provisions of this act, the county shall 12 form an advisory committee, which shall include representatives 13 of all classes of municipalities within the county, citizen 14 organizations, industry, THE PRIVATE SOLID WASTE INDUSTRY <-- 15 OPERATING WITHIN THE COUNTY, the county recycling coordinator, 16 if one exists, and any other persons deemed appropriate by the 17 county. The advisory committee shall review the plan during its 18 preparation, make suggestions and propose any changes it 19 believes appropriate. 20 (b) Written notice.--The county shall provide written notice 21 to all municipalities within the county when plan development 22 begins and shall provide periodic written progress reports to 23 such municipalities concerning the preparation of the plan. 24 (c) Review and comment.--Prior to adoption by the governing 25 body of the county, the county shall submit copies of the 26 proposed plan for review and comment to the department, all 27 municipalities within the county, all areawide planning agencies 28 and the county health department, if one exists. The county 29 shall also make the proposed plan available for public review 30 and comment. The period for review and comment shall be 90 days. 19870S0528B1519 - 33 -
1 The county shall hold at least one public hearing on the 2 proposed plan during this period. The plan subsequently 3 submitted to the governing body of the county for adoption shall 4 be accompanied by a document containing written responses to 5 comments made during the comment period. 6 (d) Adoption and ratification of plan.--The governing body 7 of the county shall adopt a plan within 60 days from the end of 8 the public comment period. Not later than ten days following 9 adoption of a plan by the governing body of the county, the plan 10 shall be sent to municipalities within the county for 11 ratification. If a municipality does not act on the plan within 12 90 days of its submission to such municipality, it shall be 13 deemed to have ratified the plan. If more than one-half of the 14 municipalities, representing more than one-half of the county's 15 population as determined by the most recent decennial census by 16 the United States Bureau of the Census, ratify the plan, then 17 the county within ten days of ratification shall submit the plan 18 to the department for approval. 19 (e) Statement of objections.--A municipality may not 20 disapprove of a proposed county plan unless the municipality's 21 resolution of disapproval contains a concise statement of its 22 objections to the plan. Each municipality disapproving a plan 23 shall immediately transmit a copy of its resolution of 24 disapproval to the county and the advisory committee. a 25 conditional approval shall be considered a disapproval. 26 Section 504. Failure to ratify plan. 27 (a) Submission.--If the plan is not ratified as provided in 28 section 503(d), the county shall meet with the advisory 29 committee to discuss the reasons that the plan was not ratified. 30 The advisory committee shall submit a recommendation concerning 19870S0528B1519 - 34 -
1 a revised county plan to the county within 45 days after it 2 becomes apparent that the plan has failed to obtain 3 ratification. The advisory committee's recommendation shall 4 specifically address the objections stated by municipalities in 5 their resolutions of disapproval of the county plan. 6 (b) Adoption of revised plan by county.--The governing body 7 of the county shall adopt a revised plan within 75 days after it 8 has become apparent that the original plan has failed to obtain 9 ratification. Not later than five days following adoption of a 10 revised plan by the governing body of the county, the plan shall 11 be sent to municipalities within the county for ratification. If 12 a municipality does not act on the revised plan within 45 days 13 of its submission to such municipality, it shall be deemed to 14 have ratified the plan. If more than one-half of the 15 municipalities, representing more than one-half of the county's 16 population as determined by the most recent decennial census by 17 the United States Bureau of the Census, ratify the revised plan, 18 then the county within ten days of ratification shall submit the 19 revised plan to the department for approval. 20 (c) Statement of objections.--A municipality may not 21 disapprove of a proposed revised county plan unless the 22 municipality's resolution of disapproval contains a concise 23 statement of its objections to the plan. Each municipality shall 24 immediately transmit a copy of its resolution of disapproval to 25 the county. 26 (d) Failure to ratify revised plan.--If the plan is not 27 ratified as provided in subsection (b), the county shall submit 28 the revised plan to the department for approval. The revised 29 plan shall be submitted within ten days after it is apparent 30 that the plan has failed to obtain ratification and shall be 19870S0528B1519 - 35 -
1 accompanied by the county's written response to the objections 2 stated by municipalities in the resolutions of disapproval. 3 Section 505. Review of municipal waste management plans. 4 (a) Departmental approval options.--Within 30 days after 5 receiving a complete plan, the department shall approve, 6 conditionally approve or disapprove it, unless the department 7 gives written notice that additional time is necessary to 8 complete its review. If the department gives such notice, it 9 shall have 30 additional days to render a decision. 10 (b) Minimum plan requirement.--The department shall approve 11 any county plan that demonstrates to the satisfaction of the 12 department that: 13 (1) The plan is complete and accurate. 14 (2) The plan provides for the maximum feasible 15 development and implementation of recycling programs. 16 (3) The plan provides for the processing and disposal of 17 municipal waste in a manner that is consistent with the 18 requirements of the Solid Waste Management Act, and the 19 regulations promulgated pursuant thereto. 20 (4) The plan provides for the processing and disposal of 21 municipal waste for at least ten years. 22 (5) IF THE PLAN PROPOSES THAT MUNICIPAL WASTE GENERATED <-- 23 WITHIN THE COUNTY'S BOUNDARIES BE REQUIRED, BY MEANS OTHER 24 THAN CONTRACTS, TO BE PROCESSED OR DISPOSED AT A DESIGNATED 25 FACILITY, THE PLAN EXPLAINS THE BASIS FOR DOING SO. 26 (6) IF THE PLAN PROPOSES THAT THE COUNTY OWN OR OPERATE 27 A MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITY, THE PLAN 28 EXPLAINS THE BASIS FOR DOING SO. 29 (c) Zoning powers unaffected.--Nothing in this act shall be 30 construed or understood to enlarge or diminish the authority of 19870S0528B1519 - 36 -
1 municipalities to adopt ordinances pursuant to, or to exempt 2 persons acting under the authority of this act from the 3 provisions of the act of July 31, 1968 (P.L.805, No.247), known 4 as the Pennsylvania Municipalities Planning Code. 5 Section 506. Contracts. 6 (a) General rule.--Except as otherwise provided in this act, 7 nothing in this act shall be construed to interfere with, or in 8 any way modify, the provisions of any contract for municipal 9 waste disposal, processing or collection in force in any county, 10 other municipality or municipal authority upon the effective 11 date of this act. 12 (b) Renewals.--No renewal of any existing contract upon the 13 expiration or termination of the original term thereof, and no 14 new contract for municipal waste disposal, processing or 15 collection shall be entered into after the effective date of 16 this act, unless such renewal or such new contract shall conform 17 to the applicable provisions of this act and a department- 18 approved municipal waste management plan. 19 (c) Renegotiation option.--If no plan has been approved for 20 the county, no contract renewal or new contract for municipal 21 waste disposal, processing or collection shall be entered into 22 unless such contract contains a provision for renegotiation to 23 conform to the approved plan when such plan is approved by the 24 department. 25 Section 507. Relationship between plans and permits. 26 (A) LIMITATION ON PERMIT ISSUANCE.--After the date of <-- 27 departmental approval of a county municipal waste management 28 plan under section 505, the department may not issue any new 29 permit, or any permit that results in additional capacity, for a 30 municipal waste landfill or resource recovery facility under the 19870S0528B1519 - 37 -
1 act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste 2 Management Act, in the county unless the applicant demonstrates 3 to the department's satisfaction that the proposed facility: 4 (1) is provided for in the plan for the county; or 5 (2) meets all of the following requirements: 6 (i) The proposed facility will not interfere with 7 implementation of the approved plan. 8 (ii) The proposed facility will not interfere with 9 municipal waste collection, storage, transportation, 10 processing or disposal in the host county. 11 (iii) The governing body of the proposed host county 12 has provided a written statement approving the location 13 of the proposed facility, or the proposed location of the 14 facility is preferable to alternative locations, giving 15 consideration to environmental and economic factors. 16 (B) EXEMPTION.--THIS SECTION SHALL NOT IMPOSE ANY LIMITATION <-- 17 ON THE DEPARTMENT'S AUTHORITY TO ISSUE A PERMIT IN A COUNTY 18 PRIOR TO THE DEPARTMENT'S APPROVAL OF A MUNICIPAL WASTE 19 MANAGEMENT PLAN FOR THE COUNTY UNDER THIS ACT. 20 Section 508. Studies. 21 (a) Market development for recyclable municipal waste.-- 22 Within 15 months after the effective date of this act, the 23 department shall submit to the General Assembly a report that 24 describes: 25 (1) The current and projected capacity of existing 26 markets to absorb materials generated by municipal recycling 27 programs in this Commonwealth. 28 (2) Market conditions that inhibit or affect demand for 29 materials generated by municipal recycling programs. 30 (3) Potential opportunities to increase demand for and 19870S0528B1519 - 38 -
1 use of materials generated by municipal recycling programs. 2 (4) Recommendations for specific actions to increase and 3 stabilize the demand for materials generated by municipal 4 recycling programs, including, but not limited to, proposed 5 legislation if necessary. 6 (5) Specific recommendations on markets for recycled 7 materials for each region of this Commonwealth. 8 (b) Update of market study.--Within three years after the 9 completion of the market development study described in 10 subsection (a), the department shall submit to the General 11 Assembly an update of the study, taking into account information 12 developed since its completion. 13 (c) Waste reduction.--Within 24 months after the effective 14 date of this act, the department shall submit to the General 15 Assembly a report: 16 (1) That describes various mechanisms that could be 17 utilized to stimulate and enhance waste reduction, including 18 their advantages and disadvantages. The mechanisms to be 19 analyzed shall include, but not be limited to, incentives for 20 prolonging product life, methods for ensuring product 21 recyclability, taxes for excessive packaging, tax incentives, 22 prohibitions on the use of certain products and performance 23 standards for products. 24 (2) That includes recommendations to stimulate and 25 enhance waste reduction, including, but not limited to, 26 proposed legislation if necessary. 27 (d) Update of waste reduction study.--Within three years 28 after the completion of the waste reduction study described in 29 subsection (c), the department shall submit to the General 30 Assembly an update of the study, taking into account information 19870S0528B1519 - 39 -
1 developed since its completion. 2 Section 509. Best available technology. 3 (a) Publication of criteria.--The department, after public 4 notice and an opportunity for comment, shall publish in the 5 Pennsylvania Bulletin criteria for best available technology (as 6 defined in 25 Pa. Code § 121.1 (relating to definitions)) for 7 new resource recovery facilities. 8 (b) Restriction on issuance of certain permits.--The 9 department shall not issue any approval or permit for a resource 10 recovery facility under the act of January 8, 1960 (1959 11 P.L.2119, No.787), known as the Air Pollution Control Act, that 12 is less stringent than any provision of the applicable best 13 available technology criteria. The department shall require any 14 resource recovery facility to operate in compliance with the 15 applicable best available technology criteria. 16 (c) Operation tests and reports.--The operator of any 17 resource recovery facility shall conduct tests for emissions of 18 particulate matter in accordance with standards of performance 19 for new sources specified by the United States Environmental 20 Protection Agency for incinerators, resource recovery facilities 21 and associated control devices and shall report the results in a 22 manner established by the department. 23 Section 510. Permit requirements. 24 The department shall not issue any approval or permit for a 25 resource recovery facility under the act of July 7, 1980 26 (P.L.380, No.97), known as the Solid Waste Management Act, 27 unless the applicant has provided the department with adequate 28 documentation and assurances that all ash residue produced from 29 or by a resource recovery facility will be disposed at a 30 permitted landfill. Prior to the approval of any permit 19870S0528B1519 - 40 -
1 application for a resource recovery facility, the operator shall 2 submit a plan to the department for the alternate disposal of 3 municipal waste designated for disposal at the resource recovery 4 facility. 5 Section 511. Site limitation. 6 (A) GENERAL RULE.--No municipal waste landfill or resource <-- 7 recovery facility shall be located within 300 yards of a park, 8 playground, CEMETERY or school. The department shall not issue a <-- 9 permit to any operator of such a landfill or facility as defined 10 in this section. For purposes of this section, a municipal waste 11 landfill or resource recovery facility shall include the 12 processing, compacting, treatment, storage, off-loading, 13 transferring or in any other way dealing with municipal waste. 14 (B) COUNTIES OF THE FIRST CLASS.--NO NEW INCINERATORS, TRASH <-- 15 TO STEAM FACILITIES OR MASS BURN FACILITIES SHALL BE CONSTRUCTED 16 IN ANY CITY OF THE FIRST CLASS. 17 SECTION 512. ISSUANCE OF PERMITS. 18 (A) GENERAL RULE.--THE DEPARTMENT SHALL REVIEW AND APPROVE 19 OR DISAPPROVE ALL APPLICATIONS FOR PERMITS, PERMIT MODIFICATIONS 20 AND OTHER DETERMINATIONS UNDER THE SOLID WASTE MANAGEMENT ACT 21 WITHIN 90 DAYS OF THE TIME THE DEPARTMENT DETERMINES THAT AN 22 APPLICATION FOR ACTION IS REASONABLY COMPLETE. THE DEPARTMENT 23 SHALL MAKE A DETERMINATION REGARDING WHETHER AN APPLICATION IS 24 REASONABLY COMPLETE WITHIN 45 DAYS OF THE FILING OF AN 25 APPLICATION WITH THE DEPARTMENT AND SHALL IDENTIFY ALL AREAS IN 26 WHICH AN APPLICATION IS INCOMPLETE WHEN ISSUING A NOTICE OF 27 DEFICIENCY. THE DEPARTMENT SHALL REVIEW ANY AMENDED APPLICATION 28 FILED IN RESPONSE TO A NOTICE OF DEFICIENCY WITHIN 30 DAYS OF 29 THE FILING OF THE AMENDED APPLICATION WITH THE DEPARTMENT. 30 NOTHING IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT AND THE 19870S0528B1519 - 41 -
1 APPLICANT FROM THE AGREEING TO EXTEND ANY DEADLINE FOR ACTION 2 PROVIDED BY THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT 3 THE DEPARTMENT FROM REQUESTING AND ACCEPTING SUPPLEMENTAL 4 INFORMATION, EXPLANATIONS AND CLARIFICATIONS REGARDING THE 5 CONTENT OF AN APPLICATION PRIOR TO THE DEADLINE FOR DEPARTMENT 6 ACTION. 7 (B) CONDITIONS.--EXCEPT AS NECESSARY TO AVOID AN IMMINENT 8 THREAT TO THE PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT, THE 9 DEPARTMENT SHALL NOT IMPOSE OR MODIFY CONDITIONS UPON A PERMIT 10 ISSUED OR IMPOSE OR MODIFY CONDITIONS UPON OPERATIONS OR OTHER 11 ACTIVITIES CONDUCTED UNDER THE SOLID WASTE MANAGEMENT ACT 12 WITHOUT PRIOR NOTICE TO THE APPLICANT OR PERMITTEE AND AFFORDING 13 THE APPLICANT OR PERMITTEE AN OPPORTUNITY TO COMMENT UPON THE 14 PROPOSED CONDITIONS. THE DEPARTMENT SHALL REVIEW COMMENTS 15 SUBMITTED IN RESPONSE TO THE PROPOSED CONDITIONS AND EITHER 16 AMEND THE CONDITIONS OR EXPLAIN IN WRITING THE DEPARTMENT'S 17 RESPONSE TO COMMENTS RECEIVED FROM THE APPLICANT OR PERMITTEE. 18 CHAPTER 7 19 RECYCLING FEE 20 Section 701. Recycling fee for municipal waste landfills and 21 resource recovery facilities. 22 (a) Imposition.--There is imposed a recycling fee of $1.25 23 per ton for all solid waste processed at resource recovery 24 facilities and for all solid waste except process residue and 25 nonprocessible waste from a resource recovery facility that is 26 disposed of at municipal waste landfills. Such fee shall be paid 27 by the operator of each municipal waste landfill and resource 28 recovery facility. 29 (b) Alternative calculation.--The fee for operators of 30 municipal waste landfills and resource recovery facilities that 19870S0528B1519 - 42 -
1 do not weigh solid waste when it is received shall be calculated 2 as if three cubic yards were equal to one ton of solid waste. 3 (c) Waste weight requirement.--On and after January 1, 1988, 4 each operator of a municipal waste landfill and resource 5 recovery facility that has received 30,000 or more cubic yards 6 of solid waste in the previous calendar year shall weigh all 7 solid waste when it is received. The scale used to weigh solid 8 waste shall conform to the requirements of the act of December 9 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act 10 of 1965, and the regulations promulgated pursuant thereto. The 11 operator of the scale shall be a licensed public weighmaster 12 under the act of April 28, 1961 (P.L.135, No.64), known as the 13 Public Weighmaster's Act, and the regulations promulgated 14 pursuant thereto. 15 (d) Sunset for fee.--No fee shall be imposed under this 16 section on and after the first day of the eleventh year 17 following the effective date of this act. 18 Section 702. Form and timing of recycling fee payment. 19 (a) Quarterly payments.--Each operator of a municipal waste 20 landfill and resource recovery facility shall make the recycling 21 fee payment quarterly. The fee shall be paid on or before the 22 20th day of April, July, October and January for the three 23 months ending the last day of March, June, September and 24 December. 25 (b) Quarterly reports.--Each recycling fee payment shall be 26 accompanied by a form prepared and furnished by the department 27 and completed by the operator. The form shall state the total 28 weight or volume of solid waste received by the facility during 29 the payment period and provide any other aggregate information 30 deemed necessary by the department to carry out the purposes of 19870S0528B1519 - 43 -
1 this act. The form shall be signed by the operator. 2 (c) Timeliness of payment.--The operator shall be deemed to 3 have made a timely payment of the recycling fee if the operator 4 complies with all of the following: 5 (1) The enclosed payment is for the full amount owed 6 pursuant to this section and no further departmental action 7 is required for collection. 8 (2) The payment is accompanied by the required form, and 9 such form is complete and accurate. 10 (3) The letter transmitting the payment that is received 11 by the department is postmarked by the United States Postal 12 Service on or prior to the final day on which the payment is 13 to be received. 14 (d) Discount.--Any operator that makes a timely payment of 15 the recycling fee as provided in this section shall be entitled 16 to credit and apply against the fee payable, a discount of 1% of 17 the amount of the fee collected. 18 (e) Refunds.--Any operator that believes he has overpaid the 19 recycling fee may file a petition for refund to the department. 20 If the department determines that the operator has overpaid the 21 fee, the department shall refund to the operator the amount due 22 him, together with interest at a rate established pursuant to 23 section 806.1 of the act of April 9, 1929 (P.L.343, No.176), 24 known as The Fiscal Code, from the date of overpayment. No 25 refund of the recycling fee shall be made unless the petition 26 for the refund is filed with the department within six months of 27 the date of the overpayment. 28 (f) Alternative proof of payment.--For purposes of this 29 section, presentation of a receipt indicating that the payment 30 was mailed by registered or certified mail on or before the due 19870S0528B1519 - 44 -
1 date shall be evidence of timely payment. 2 Section 703. Collection and enforcement of fee. 3 (a) Interest.--If an operator fails to make a timely payment 4 of the recycling fee, the operator shall pay interest on the 5 unpaid amount due at the rate established pursuant section 806 6 of the act of April 9, 1929 (P.L.343, No.176), known as The 7 Fiscal Code, from the last day for timely payment to the date 8 paid. 9 (b) Additional penalty.--In addition to the interest 10 provided in subsection (a), if an operator fails to make timely 11 payment of the recycling fee, there shall be added to the amount 12 of fee actually due 5% of the amount of such fee, if the failure 13 to file a timely payment is for not more than one month, with an 14 additional 5% for each additional month, or fraction thereof, 15 during which such failure continues, not exceeding 25% in the 16 aggregate. 17 (c) Assessment notices.-- 18 (1) If the department determines that any operator has 19 not made a timely payment of the recycling fee, it will send 20 the operator a written notice of the amount of the 21 deficiency, within 30 days of determining such deficiency. 22 When the operator has not provided a complete and accurate 23 statement of the weight or volume of solid waste received at 24 the facility for the payment period, the department may 25 estimate the weight or volume in its notice. 26 (2) The operator charged with the deficiency shall have 27 30 days to pay the deficiency in full or, if the operator 28 wishes to contest the deficiency, forward the amount of the 29 deficiency to the department for placement in an escrow 30 account with the State Treasurer or any Pennsylvania bank, or 19870S0528B1519 - 45 -
1 post an appeal bond in the amount of the deficiency. Such 2 bond shall be executed by a surety licensed to do business in 3 this Commonwealth and be satisfactory to the department. 4 Failure to forward the money or the appeal bond to the 5 department within 30 days shall result in a waiver of all 6 legal rights to contest the deficiency. 7 (3) If, through administrative or judicial review of the 8 deficiency, it is determined that the amount of deficiency 9 shall be reduced, the department shall within 30 days remit 10 the appropriate amount to the operator, with any interest 11 accumulated by the escrow deposit. 12 (4) The amount determined after administrative hearing 13 or after waiver of administrative hearing shall be payable to 14 the Commonwealth and shall be collectible in the manner 15 provided in section 1709. 16 (5) Any other provision of law to the contrary 17 notwithstanding, there shall be a statute of limitations of 18 five years upon actions brought by the Commonwealth pursuant 19 to this section. 20 (6) If any amount due hereunder remains unpaid 30 days 21 after receipt of notice thereof, the department may order the 22 operator of the facility to cease receiving any solid waste 23 until the amount of the deficiency is completely paid. 24 (d) Filing of appeals.--Notwithstanding any other provision 25 of law, all appeals of final department actions concerning the 26 resource recovery fee, including, but not limited to, petitions 27 for refunds, shall be filed with the Environmental Hearing 28 Board. 29 (e) Constructive trust.--All recycling fees collected by an 30 operator and held by such operator prior to payment to the 19870S0528B1519 - 46 -
1 department shall constitute a trust fund for the Commonwealth, 2 and such trust shall be enforceable against such operator, its 3 representatives and any person receiving any part of such fund 4 without consideration or with knowledge that the operator is 5 committing a breach of the trust. However, any person receiving 6 payment of lawful obligation of the operator from such fund 7 shall be presumed to have received the same in good faith and 8 without any knowledge of the breach of trust. 9 (f) Remedies cumulative.--The remedies provided to the 10 department in this section are in addition to any other remedies 11 provided at law or in equity. 12 Section 704. Records. 13 Each operator shall keep daily records of all deliveries of 14 solid waste to the facility as required by the department, 15 including, but not limited to, the name and address of the 16 hauler, the source of the waste, the kind of waste received and 17 the weight or volume of the waste. A copy of these records shall 18 be maintained at the site by the operator for no less than five 19 years and shall be made available to the department for 20 inspection, upon request. 21 Section 705. Surcharge. 22 The provisions of any law to the contrary notwithstanding, 23 the operator may collect the fee imposed by this section as a 24 surcharge on any fee schedule established pursuant to law, 25 ordinance, resolution or contract for solid waste processing or 26 disposal operations at the facility. In addition, any person who 27 collects or transports solid waste subject to the recycling fee 28 to a municipal waste landfill or resource recovery facility may 29 impose a surcharge on any fee schedule established pursuant to 30 law, ordinance, resolution or contract for the collection or 19870S0528B1519 - 47 -
1 transportation of solid waste to the facility. The surcharge 2 shall be equal to the increase in disposal fees at the facility 3 attributable to the recycling fee. However, interest and 4 penalties on the fee under section 703(a) and (b) may not be 5 collected as a surcharge. 6 Section 706. Recycling Fund. 7 (a) Establishment.--All fees received by the department 8 pursuant to section 701 shall be paid into the State Treasury 9 into a special fund to be known as the Recycling Fund, which is 10 hereby established. 11 (b) Appropriation.--All moneys placed in the Recycling Fund 12 are hereby appropriated to the department for the purposes set 13 forth in this section. The department shall, from time to time, 14 submit to the Governor for his approval estimates of amounts to 15 be expended under this act. 16 (c) Allocations.--The department shall, to the extent 17 practicable, allocate the moneys received by the Recycling Fund, 18 including all interest generated thereon, in the following 19 manner over the life of the fund: 20 (1) At least 70% shall be expended by the department for 21 grants to municipalities for the development and 22 implementation of recycling programs as set forth in section 23 902, recycling coordinators as provided in section 903, and 24 market development and waste reduction studies as set forth 25 in section 508; for implementation of the recommendations in 26 the studies required by section 508; and for research 27 conducted or funded by the Department of Transportation 28 pursuant to section 1505. 29 (2) Up to 10% may be expended by the department for 30 grants for feasibility studies for municipal waste processing 19870S0528B1519 - 48 -
1 and disposal facilities, except for facilities for the 2 combustion of municipal waste that are not proposed to be 3 operated for the recovery of energy as set forth in section 4 901. 5 (3) Up to 30% may be expended by the department for 6 public information, public education and technical assistance 7 programs concerning recycling and waste reduction, including 8 technical assistance programs for counties and other 9 municipalities, for research and demonstration projects, for 10 planning grants as set forth in section 901, for the host 11 inspector training program as set forth in section 1102, and 12 for other purposes consistent with this act. 13 (4) No more than 3% may be expended for the collection 14 and administration of moneys in the fund. 15 (D) ADDITIONAL FUNDING.--THERE IS HEREBY APPROPRIATED TO THE <-- 16 DEPARTMENT FROM THE GENERAL FUND THE AMOUNT NECESSARY TO ASSURE 17 PAYMENT OF GRANTS UNDER SECTION 902(A) PROVIDED THE AMOUNT SHALL 18 NOT EXCEED 35% OF THE TOTAL AMOUNT OF ALL GRANTS AWARDED UNDER 19 SECTION 902(A). 20 (d) (E) Transfer.--On the first day of the sixteenth year <-- 21 after the fee imposed by section 701 becomes effective, all 22 moneys in the Recycling Fund that are not obligated shall be 23 transferred to the Solid Waste Abatement Fund and expended in 24 the same manner as other moneys in the Solid Waste Abatement 25 Fund. On the first day of the nineteenth year after the fee 26 imposed by section 701 becomes effective, all moneys in the 27 Recycling Fund that are not expended shall be transferred to the 28 Solid Waste Abatement Fund and expended in the same manner as 29 other moneys in the Solid Waste Abatement Fund. 30 (e) (F) Advisory committee.--The secretary shall establish a <-- 19870S0528B1519 - 49 -
1 Recycling Fund Advisory Committee composed of representatives of
2 counties, other municipalities, municipal authorities, the
3 municipal waste management industry, the municipal waste
4 recycling industry, municipal waste generating industry and the
5 general public. The committee shall meet at least annually to
6 review the Commonwealth's progress in meeting the goals under
7 section 102(c), to recommend priorities on expenditures from the
8 fund, and to advise the secretary on associated activities
9 concerning the administration of the fund. The department shall
10 reimburse members of the committee for reasonable travel, hotel
11 and other necessary expenses incurred in performance of their
12 duties under this section.
13 (f) (G) Annual reports.--The department shall submit an <--
14 annual report to the General Assembly on receipts to and
15 disbursements from the Recycling Fund in the previous fiscal
16 year, projections for revenues and expenditures in the coming
17 fiscal year, and the Commonwealth's progress in achieving the
18 goals set forth in section 102(c).
19 CHAPTER 9
20 GRANTS
21 Section 901. Planning grants.
22 The department may, upon application from a county, award
23 grants for the cost of preparing municipal waste management
24 plans in accordance with this act; for carrying out related
25 studies, surveys, investigations, inquiries, research and
26 analyses, including those related by siting; and for
27 environmental mediation. The department may also award grants
28 under this section for feasibility studies and project
29 development for municipal waste processing or disposal
30 facilities, except for facilities for the combustion of
19870S0528B1519 - 50 -
1 municipal waste that are not proposed to be operated for the 2 recovery of energy. The application shall be made on a form 3 prepared and furnished by the department. The application shall 4 contain such information as the department deems necessary to 5 carry out the provisions and purposes of this act. The grant to 6 any county under this section shall be 50% of the approved cost 7 of such plans and studies. 8 Section 902. Grants for development and implementation of 9 municipal recycling programs. 10 (a) Authorization.--The department may award grants for 11 development and implementation of municipal recycling programs, 12 upon application from any municipality. The grant provided by 13 this section may be used to identify markets, develop a public 14 education campaign, purchase collection and storage equipment, 15 and do other things necessary to establish a municipal recycling 16 program. The grant may be used to purchase collection equipment, 17 only to the extent needed for collection of recyclable 18 materials, and mechanical processing equipment, only to the 19 extent that such equipment is not available to the program in 20 the private sector. The application shall be made on a form 21 prepared and furnished by the department. The application shall 22 explain the structure and operation of the program and shall 23 contain such other information as the department deems necessary 24 to carry out the provisions and purposes of this act. The grant 25 under this section to a municipality required by section 1501 to 26 implement a recycling program shall be 50% 80% of the approved <-- 27 cost of establishing a municipal recycling program. The grant 28 under this section to a municipality not required by section 29 1501 to implement a recycling program shall be up to 50% 80% of <-- 30 the approved cost of establishing a municipal recycling program. 19870S0528B1519 - 51 -
1 In addition to the grant under this section to a financially
2 distressed municipality that is required by section 1501 to
3 implement a recycling program shall be 50% 20% of the approved <--
4 cost of establishing a municipal recycling program from grants
5 authorized under section 203(f) of the act of July 10, 1987
6 (P.L.246, No.47), known as the Financial Distressed
7 Municipalities Act.
8 (b) Prerequisites.--The department shall not award any grant
9 under this section unless it is demonstrated to the department's
10 satisfaction that:
11 (1) The application is complete and accurate.
12 (2) The recycling program for which the grant is sought
13 does not duplicate any other recycling programs operating
14 within the municipality.
15 (3) If the application is not required to implement a
16 recycling program by section 1501, the application describes
17 the collection system for the program, including:
18 (i) materials collected and persons affected;
19 (ii) contracts for the operation of the program;
20 (iii) markets or uses for collected materials,
21 giving consideration to the results of the market
22 development study required by section 508 if the results
23 are available;
24 (iv) ordinances or other mechanisms that will be
25 used to ensure that materials are collected;
26 (v) public information and education;
27 (vi) program economics, including avoided processing
28 or disposal costs; and
29 (vii) other information deemed necessary by the
30 department.
19870S0528B1519 - 52 -
1 (c) Municipal retroactive grants with restrictions.--The 2 grant authorized by this section may be awarded to any 3 municipality for eligible costs incurred for a municipal 4 recycling program after 60 days prior to the effective date of 5 this act. However, no grant may be authorized under this section 6 for a municipal recycling program that has received a grant from 7 the department under the act of July 20, 1974 (P.L.572, No.198), 8 known as the Pennsylvania Solid Waste - Resource Recovery 9 Development Act, except for costs that were not paid by such 10 grant. 11 (d) Priority.--In awarding grants under this section, the <-- 12 department shall give priority to municipalities that are 13 required by section 1501 to implement recycling programs. 14 (D) PRIORITY.--EACH MUNICIPALITY, OTHER THAN A COUNTY, WHICH <-- 15 ESTABLISHES AND IMPLEMENTS A MANDATORY SOURCE SEPARATION AND 16 COLLECTION PROGRAM FOR RECYCLABLE MATERIALS SHALL BE GIVEN THE 17 SAME PRIORITY WITH MUNICIPALITIES SUBJECT TO THE REQUIREMENTS OF 18 SECTION 1501 FOR GRANTS UNDER THIS SECTION. 19 Section 903. Grants for recycling coordinators. 20 (a) Authorization.--The department may award grants for the 21 salary and expenses of recycling coordinators, upon application 22 from any county. The application shall be made on a form 23 prepared and furnished by the department. The application shall 24 explain the duties and activities of the county recycling 25 coordinator. If a recycling coordinator has been active prior to 26 the year for which the grant is sought, the application shall 27 also explain the coordinator's activities and achievements in 28 the previous year. 29 (b) Limit on grant.--The grant under this section shall not 30 exceed 50% of the approved cost of the recycling coordinator's 19870S0528B1519 - 53 -
1 salary and expenses. 2 Section 904. General limitations. 3 (a) Content of application.--Each grant application under 4 this chapter shall include provisions for an independent 5 performance audit, which shall be completed within six months 6 after all reimbursable work under the grant has been completed. 7 (b) Monetary limit on grant.--The department may not award 8 more than 10% of the moneys available under any grant under this 9 chapter in any fiscal year to any county, including 10 municipalities within the county. 11 (c) Other limitations on grants.--The department may not 12 award any grant under this chapter to any county or municipality 13 that has failed to comply with the conditions set forth in 14 previously awarded grants under this chapter, the requirements 15 of this chapter, and any regulations promulgated pursuant 16 thereto. 17 (d) Lapse of grant.--A grant offering pursuant to this 18 chapter shall lapse automatically if funds for the grant are not 19 encumbered within one year of the offering. To obtain the grant 20 after an offering has lapsed, the grantee must submit a new 21 application in a subsequent funding period. 22 (e) Lapse of encumbered funds.--Grant funds that have been 23 encumbered shall lapse automatically to the recycling fund if 24 the funds are not expended within two years after they have been 25 encumbered. The department may, upon written request from the 26 grantee, extend the two-year period for an additional period of 27 up to three months. To obtain any funds that have lapsed to the 28 recycling fund, the grantee must submit a new application in a 29 subsequent funding period. 30 CHAPTER 11 19870S0528B1519 - 54 -
1 ASSISTANCE TO MUNICIPALITIES 2 Section 1101. Information provided to host municipalities. 3 (a) Departmental information.--The department will provide 4 all of the following information to the governing body of host 5 municipalities for municipal waste landfills and resource 6 recovery facilities: 7 (1) Copies of each department inspection report for such 8 facilities under the Solid Waste Management Act, the act of 9 June 22, 1937 (P.L.1987, No.394), known as The Clean Streams 10 Law, the act of January 8, 1960 (1959 P.L.2119, No.787), 11 known as the Air Pollution Control Act, and the act of 12 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 13 and Encroachments Act, within five working days after the 14 preparation of such reports. 15 (2) Prompt notification of all department enforcement or 16 emergency actions for such facilities, including, but not 17 limited to, abatement orders, cessation orders, proposed and 18 final civil penalty assessments, and notices of violation. 19 (3) Copies of all air and water quality monitoring data 20 collected by the department at such facilities, within five 21 working days after complete laboratory analysis of such data 22 becomes available to the department. 23 (b) Operator information.--Every operator of a municipal 24 waste landfill or resource recovery facility shall provide to 25 the host municipality copies of all air and water quality 26 monitoring data as required by the department for the facility 27 conducted by or on behalf of the operator, within five days 28 after such data becomes available to the operator. 29 (c) Public information.--All information provided to the 30 host municipality under this section shall be made available to 19870S0528B1519 - 55 -
1 the public for review upon request.
2 (d) Information to county.--If the host municipality owns or
3 operates the municipal waste landfill or resource recovery
4 facility, or proposes to own or operate such landfill or
5 facility, the information required by this section shall be
6 provided to the county within which the landfill or facility is
7 located or proposed to be located instead of the host
8 municipality.
9 Section 1102. Joint inspections with host municipalities.
10 (a) Training of inspectors.--
11 (1) The department shall establish and conduct a
12 training program to certify host municipality inspectors for
13 municipal waste landfills and resource recovery facilities.
14 This program will be available to no more than two persons
15 who have been designated in writing by the host municipality.
16 The department shall hold training programs at least twice a
17 year. The department shall certify host municipality
18 inspectors upon completion of the training program and
19 satisfactory performance in an examination administered by
20 the department.
21 (2) Certified municipal inspectors are authorized to
22 enter property, inspect records ONLY THOSE RECORDS REQUIRED <--
23 BY THE DEPARTMENT, take samples and conduct inspections.
24 However, certified municipal inspectors may not issue orders.
25 (3) The department is authorized to pay for the host
26 inspection training program and to pay 50% of the approved
27 cost of employing a certified host municipality inspector for
28 a period not to exceed five years.
29 (b) Departmental information.--
30 (1) Whenever any host municipality presents information
19870S0528B1519 - 56 -
1 to the department which gives the department reason to 2 believe that any municipal waste landfill or resource 3 recovery facility is in violation of any requirement of the 4 act of June 22, 1937 (P.L.1987, No.394), known as The Clean 5 Streams Law, the act of January 8, 1960 (1959 P.L.2119, 6 No.787), known as the Air Pollution Control Act, the act of 7 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 8 and Encroachments Act, and the Solid Waste Management Act, 9 any regulation promulgated pursuant thereto, or the condition 10 of any permit issued pursuant thereto, the department will 11 promptly conduct an inspection of such facility. 12 (2) The department will notify the host municipality of 13 this inspection and will allow a certified municipal 14 inspector from the host municipality to accompany the 15 inspector during the inspection. 16 (3) If there is not sufficient information to give the 17 department reasons to believe that there is a violation, the 18 department will provide a written explanation to the host 19 municipality of its decision not to conduct an inspection 20 within 30 days of the request for inspection. 21 (4) Upon written request of a host municipality to the 22 department, the department will allow a certified inspector 23 of such municipality to accompany department inspectors on 24 routine inspections of municipal waste landfills and resource 25 recovery facilities. 26 (c) County involvement.--If the host municipality owns or 27 operates the municipal waste landfill or resource recovery 28 facility, the training and inspection requirements of this 29 section shall be available to the county within which the 30 landfill or facility is located instead of the host 19870S0528B1519 - 57 -
1 municipality. 2 Section 1103. Water supply testing for contiguous landowners. 3 (a) Required water sampling.--Upon written request from 4 persons owning land contiguous to a municipal waste landfill, 5 the operator of such landfill shall have quarterly sampling and 6 analysis conducted of private water supplies used by such 7 persons for drinking water. Such sampling and analysis shall be 8 conducted by a laboratory certified pursuant to the act of May 9 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe 10 Drinking Water Act. The laboratory shall be chosen by the 11 landowners from a list of regional laboratories supplied by the 12 department. Sampling and analysis shall be at the expense of the 13 landfill operator. Upon request the landfill operator shall 14 provide copies of the analyses to persons operating resource 15 recovery facilities that dispose of the residue from the 16 facilities at the landfill. 17 (b) Extent of analysis.--Water supplies shall be analyzed 18 for all parameters or chemical constituents determined by the 19 department to be indicative of typical contamination from 20 municipal waste landfills. The laboratory performing such 21 sampling and analysis shall provide written copies of sample 22 results to the landowner and to the department. 23 (c) Additional sampling required.--If the analysis indicates 24 possible contamination from a municipal waste landfill, the 25 department may conduct, or require the landfill operator to have 26 the laboratory conduct, additional sampling and analysis to 27 determine more precisely the nature, extent and source of 28 contamination. 29 (d) Written notice of rights.--On or before 60 days from the 30 effective date of this act for permits issued under the Solid 19870S0528B1519 - 58 -
1 Waste Management Act prior to the effective date of this act, 2 and at or before the time of permit issuance for permits issued 3 under the Solid Waste Management Act after the effective date of 4 this act, the operator of each municipal waste landfill shall 5 provide contiguous landowners with written notice of their 6 rights under this section on a form prepared by the department. 7 Section 1104. Water supply protection. 8 (a) Alternative water supply requirement.--Any person owning 9 or operating a municipal waste management facility that affects 10 a public or private water supply by pollution, contamination or 11 diminution shall restore or replace the affected supply with an 12 alternate source of water adequate in quantity or quality for 13 the purposes served by the water supply. If any person shall 14 fail to comply with this requirement, the department may issue 15 such orders to the person as are necessary to assure compliance. 16 (b) Notification to department.--Any landowner or water 17 purveyor suffering pollution, contamination or diminution of a 18 public or private water supply as a result of solid waste 19 disposal activities at a municipal waste management facility may 20 so notify the department and request that an investigation be 21 conducted. Within ten days of such notification, the department 22 shall begin investigation of any such claims and shall, within 23 120 days of the notification, make a determination. If the 24 department finds that the pollution or diminution was caused by 25 the operation of a municipal waste management facility or if it 26 presumes the owner or operator of a municipal waste facility 27 responsible for pollution, contamination or diminution pursuant 28 to subsection (c), then it shall issue such orders to the owner 29 or operator as are necessary to insure compliance with 30 subsection (a). 19870S0528B1519 - 59 -
1 (c) Rebuttable presumption.--Unless rebutted by one of the 2 four defenses established in subsection (d), it shall be 3 presumed that the owner or operator of a municipal waste 4 landfill is responsible for the pollution, contamination or 5 diminution of a public or private water supply that is within 6 one-quarter mile of the perimeter of the area where solid waste 7 disposal activities have been carried out. 8 (d) Defenses.--In order to rebut the presumption of 9 liability established in subsection (c), the owner or operator 10 must affirmatively prove by clear and convincing evidence one of 11 the following four defenses: 12 (1) The pollution, contamination or diminution existed 13 prior to any municipal waste landfill operations on the site 14 as determined by a preoperation survey. 15 (2) The landowner or water purveyor refused to allow the 16 owner or operator access to conduct a preoperation survey. 17 (3) The water supply is not within one-quarter mile of 18 the perimeter of the area where solid waste disposal 19 activities have been carried out. 20 (4) The owner or operator did not cause the pollution, 21 contamination or diminution. 22 (e) Independent testing.--Any owner or operator electing to 23 preserve its defenses under subsection (d)(1) or (2) shall 24 retain the services of an independent certified laboratory to 25 conduct the preoperation survey of water supplies. A copy of the 26 results of any survey shall be submitted to the department and 27 the landowner or water purveyor in a manner prescribed by the 28 department. 29 (f) Other remedies preserved.--Nothing in this act shall 30 prevent any landowner or water purveyor who claims pollution, 19870S0528B1519 - 60 -
1 contamination or diminution of a public or private water supply 2 from seeking any other remedy that may be provided at law or in 3 equity. 4 Section 1105. Purchase of cogenerated electricity. 5 (a) Request to public utility.--The owner or operator of a 6 resource recovery facility may request that any public utility 7 enter into a contract providing for the interconnection of the 8 facility with the public utility and the purchase of electric 9 energy, or electric energy and capacity, produced and offered 10 for sale by the facility. The terms of any such contract shall 11 be in accordance with the Federal Public Utility Regulatory 12 Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117) and any 13 subsequent amendments, and any applicable Federal regulations 14 promulgated pursuant thereto, and the regulations of the 15 commission. 16 (b) Limited Public Utility Commission review.--A contract 17 entered into between a resource recovery facility and a public 18 utility in accordance with subsection (a), shall be subject to a 19 one-time review and approval by the commission at the time the 20 contract is entered into, notwithstanding the provisions of 66 21 Pa.C.S. § 508 (relating to power of the commission to vary, 22 reform and revise contracts). 23 Section 1106. Public Utility Commission. 24 (a) Application.--If the owner or operator of a resource 25 recovery facility and a public utility fail to agree upon the 26 terms and conditions of a contract for the purchase of electric 27 energy, or electric energy and capacity, within 90 days of the 28 request by the facility to negotiate such a contract, or if the 29 public utility fails to offer a contract, either the owner or 30 operator of the facility or the public utility may request the 19870S0528B1519 - 61 -
1 commission to establish the terms and conditions of such a 2 contract. Such request may be for an informal consultation, a 3 petition for declaratory order or a formal complaint, as 4 appropriate under the circumstances. 5 (b) Commission response.--The commission shall respond to 6 any such request, unless time limits are waived by the owner or 7 operator and utility, as follows: 8 (1) If the request is for an informal consultation, such 9 consultation shall be held within 30 days, and commission 10 staff shall make its recommendation to the parties within 30 11 days after the last consultation or submittal of last 12 requested data, whichever is later. Such recommendation may 13 be oral or written, but shall not be binding on the parties 14 or commission. 15 (2) If the request is in the form of petition for 16 declaratory order, the petitioner shall comply with the 17 requirements of 52 Pa. Code § 5.41 et seq. (relating to 18 petitions) and 52 Pa. Code § 57.39 (relating to informal 19 consultation and commission proceedings). Within 30 days 20 after filing such petition, the commission or its staff 21 assigned to the matter may request that the parties file 22 legal memoranda addressing any issues raised therein. Within 23 60 days after filing of such petition or legal memoranda, 24 whichever is later, the commission shall act to grant or deny 25 such petition. 26 (3) If the request is in the form of a formal complaint, 27 the case shall proceed in accordance with 66 Pa.C.S. § 101 et 28 seq. (relating to public utilities). However, the complaint 29 may be withdrawn at any time, and the matter may proceed as 30 set forth in paragraph (1) or (2). 19870S0528B1519 - 62 -
1 (c) Status as public utility.--A resource recovery facility 2 shall not be deemed a public utility, as such is defined in 66 3 Pa.C.S. § 101 et seq., if such facility produces thermal energy 4 for sale to a public utility and/or ten or less retail 5 customers, all of whom agree to purchase from such facility 6 under mutually agreed upon terms, or if such facility produces 7 thermal energy for sale to any number of retail customers, all 8 of which are located on the same site or site contiguous to that 9 of the selling facility. 10 (d) Effect of section.--The provisions of this section shall 11 take effect notwithstanding the adoption or failure to adopt any 12 regulations by the Public Utility Commission regarding the 13 purchase of electric energy from qualifying facilities, as such 14 term is defined in section 210 of the Federal Public Utility 15 Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat. 16 3117) regulations and commission regulations. 17 Section 1107. Claims resulting from pollution occurrences. 18 (a) Financial responsibility.-- 19 (1) Any permit application by a person other than a 20 municipality or municipal authority under the Solid Waste 21 Management Act for a municipal waste landfill or resource 22 recovery facility shall certify that the applicant has in 23 force, or will, prior to the initiation of operations under 24 the permit, have in force, financial assurances for 25 satisfying claims of bodily injury and property damage 26 resulting from pollution occurrences arising from the 27 operation of the landfill or facility. Such financial 28 assurances shall be in place until the effective date of 29 closure certification under the Solid Waste Management Act 30 and the regulations promulgated pursuant thereto, unless the 19870S0528B1519 - 63 -
1 department determines that the landfill or facility may 2 continue to present a significant risk to the public health, 3 safety and welfare or the environment. 4 (2) The form and amount of such financial assurances 5 shall be specified by the department. The required financial 6 assurances may include, but are not limited to, the 7 following: 8 (i) A commercial pollution liability insurance 9 policy. 10 (ii) A secured standby trust to become self-insured 11 that satisfies a financial test established by 12 regulation. 13 (iii) A trust fund financed by the person and 14 administered by an independent trustee approved by the 15 department. 16 (b) Municipal financial responsibility.-- 17 (1) Any permit application by a municipality or 18 municipal authority under the Solid Waste Management Act for 19 a municipal waste landfill or resource recovery facility 20 shall certify that the applicant has in force, or will, prior 21 to the initiation of operations under the permit, have in 22 force, financial assurances for satisfying claims of bodily 23 injury and property damage resulting from pollution 24 occurrences arising from the operation of the landfill or 25 facility, to the extent that such claims are allowed by 42 26 Pa.C.S. Ch. 85 Subch. C (relating to actions against local 27 parties). Such financial assurances shall be in place until 28 the effective date of closure certification under the Solid 29 Waste Management Act and the regulations promulgated pursuant 30 thereto, unless the department determines that the landfill 19870S0528B1519 - 64 -
1 or facility may continue to present a significant risk to the 2 public health, safety and welfare or the environment. 3 (2) The form and amount of such financial assurances 4 shall be specified by the department. The required financial 5 assurances may include, but are not limited to, the 6 following: 7 (i) A commercial pollution liability insurance 8 policy. 9 (ii) A trust fund financed by the municipality and 10 administered by an independent trustee approved by the 11 department. 12 (iii) An insurance pool or self-insurance program 13 authorized by 42 Pa.C.S. § 8564 (relating to liability 14 insurance and self-insurance). 15 (3) In no case shall the department establish minimum 16 financial assurance amounts for a municipality that are 17 greater than the damage limitations established in 42 Pa.C.S. 18 Ch. 85 Subch. C. 19 (c) Liability limited.--A host municipality or county or 20 municipality within the planning area may not be held liable for 21 bodily injury or property damage resulting from pollution 22 occurrences solely by reasons of participation in the 23 preparation or adoption of a county or municipal solid waste 24 plan. Nothing herein shall be construed to prevent any host 25 municipality, county or municipality within the planning area 26 from obtaining or giving such indemnities as may be appropriate 27 in connection with the ownership, operation or control of a 28 municipal solid waste facility. 29 (d) Effect on tort claims.--Nothing in this act shall be 30 construed or understood as in any way modifying or affecting the 19870S0528B1519 - 65 -
1 provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C. 2 Section 1108. Site-specific postclosure fund. 3 (a) Establishment by county.--Each county shall establish an 4 interest-bearing trust with an accredited financial institution 5 for every municipal waste landfill that is operating within its 6 boundaries. This trust shall be established within 60 days of 7 the effective date of this act for landfills permitted by the 8 department prior to the effective date of this act. The trust 9 shall be established prior to the operation of any landfill 10 permitted by the department after the effective date of this 11 act. 12 (b) Purpose.--The trust created for any landfill by this 13 section may be used only for remedial measures and emergency 14 actions that are necessary to prevent or abate adverse effects 15 upon the environment after closure of the landfill. However, the 16 county may withdraw actual costs incurred in establishing and 17 administering the fund in an amount not to exceed 0.5% of the 18 moneys deposited in the fund. 19 (c) Amount.--Each operator of a municipal waste landfill 20 shall pay into the trust on a quarterly basis an amount equal to 21 25¢ per ton of weighed waste or 25¢ per three cubic yards of 22 volume measured waste for all solid waste received at the 23 landfill. 24 (d) Trustee.--The trustee shall manage the trust in 25 accordance with all applicable laws and regulations, except that 26 moneys in the trust shall be invested in a manner that will 27 allow withdrawals as provided in subsection (f). The trustee 28 shall be a person whose trust activities are examined and 29 regulated by a State or Federal agency. The trustee may resign 30 only after giving 120 days' notice to the department and after 19870S0528B1519 - 66 -
1 the appointment of a new trustee. The trustee shall have an 2 office located within the county where the landfill is located. 3 (e) Trust agreement.--The provisions of the trust agreement 4 shall be consistent with the requirements of this section and 5 shall be provided by the operator of the landfill on a form 6 prepared and approved by the department. The trust agreement 7 shall be accompanied by a formal certification of 8 acknowledgment. 9 (f) Withdrawal of funds.--The trustee may release moneys 10 from the trust only upon written request of the operator of a 11 landfill and upon prior written approval by the department. Such 12 request shall include the proposed amount and purpose of the 13 withdrawal and a copy of the department's written approval of 14 the expenditure. A copy of the request shall be provided to the 15 county and the host municipality. A copy of any withdrawal 16 document prepared by the trustee shall be provided to the 17 department, the county and the host municipality. No withdrawal 18 from this trust may be made until after the department has 19 certified closure of the landfill. 20 (g) Abandonment of trust.--If the department certifies to 21 the trustee that the operator of a landfill has abandoned the 22 operation of the landfill or has failed or refused to comply 23 with the requirements of the Solid Waste Management Act, the 24 regulations promulgated pursuant thereto or the terms or 25 conditions of its permit, in any respect, the trustee shall 26 forthwith pay the full amount of the trust to the department. 27 The department may not make such certification unless it has 28 given 30 days' written notice to the operator, the county, and 29 the trustee of the department's intent to do so. 30 (h) Use of abandoned trust.--The department shall expend all 19870S0528B1519 - 67 -
1 moneys collected pursuant to subsection (g) for the purposes set 2 forth in subsection (b). The department may expend money 3 collected from a trust for a landfill only for that landfill. 4 (i) Surplus.--Any moneys remaining in a trust subsequent to 5 final closure of a landfill under the Solid Waste Management Act 6 and the regulations promulgated pursuant thereto shall, upon 7 release of the bond by the department, be divided equally 8 between the county and the host municipality. 9 (j) Duty under law.--Nothing in this section shall be 10 understood or construed to in any way relieve the operator of a 11 municipal waste landfill of any duty or obligation imposed by 12 this act, the Solid Waste Management Act any other act 13 administered by the department, the regulations promulgated 14 pursuant thereto or the terms or conditions of any permit. 15 (k) Other remedies.--The remedies provided to the department 16 in this section are in addition to any other remedies provided 17 at law or in equity. 18 (l) County not liable.--Nothing in this section shall be 19 understood or construed as imposing any additional 20 responsibility or liability upon the county for compliance of a 21 municipal waste landfill or resource recovery facility with the 22 requirements of this act, the Solid Waste Management Act and the 23 regulations promulgated pursuant thereto. 24 Section 1109. Trust fund for municipally operated landfills. 25 (a) Establishment of trust.--Except as provided in 26 subsection (b), each municipality or municipal authority 27 operating a landfill solely for municipal waste not classified 28 hazardous shall establish an interest-bearing trust with an 29 accredited financial institution. This trust shall be 30 established within 60 days of the effective date of this act for 19870S0528B1519 - 68 -
1 landfills permitted by the department prior to the effective 2 date of this act. The trust shall be established prior to the 3 operation of any landfill permitted by the department after the 4 effective date of this act. 5 (b) Exemption.--Any municipality or municipal authority that 6 has posted a bond that is consistent with the provisions of the 7 Solid Waste Management Act and the regulations promulgated 8 pursuant thereto shall not be required to establish the trust 9 set forth in this section. 10 (c) Purpose.--The trust created for any landfill by this 11 section may be used only for completing final closure of the 12 landfill according to the permit granted by the department under 13 the Solid Waste Management Act and taking such measures as are 14 necessary to prevent adverse effects upon the environment. Such 15 measures include but are not limited to satisfactory monitoring, 16 postclosure care and remedial measures. 17 (d) Amount.--Each municipality or municipal authority 18 operating a landfill solely for municipal waste not classified 19 hazardous shall pay into the trust on a quarterly basis an 20 amount determined by the department for each ton or cubic yard 21 of solid waste disposed at the landfill. This amount shall be 22 based on the estimated cost of completing final closure of the 23 landfill and the weight or volume of waste to be disposed at the 24 landfill prior to closure. 25 (e) Trustee.--The trustee shall manage the trust in 26 accordance with all applicable laws and regulations, except that 27 moneys in the trust shall be invested in a manner that will 28 allow withdrawals as provided in subsection (g). The trustee 29 shall be a person whose trust activities are examined and 30 regulated by a State or Federal agency. The trustee may resign 19870S0528B1519 - 69 -
1 only after giving 120 days' notice to the department and after 2 the appointment of a new trustee. 3 (f) Trust agreement.--The provisions of the trust agreement 4 shall be consistent with the requirements of this section and 5 shall be provided by the municipality or municipal authority on 6 a form prepared and approved by the department. The trust 7 agreement shall be accompanied by a formal certification of 8 acknowledgment. 9 (g) Withdrawal of funds.--The trustee may release moneys 10 from the trust only upon written request of the municipality or 11 municipal authority and upon prior written approval by the 12 department. Such request shall include the proposed amount and 13 purpose of the withdrawal and a copy of the department's written 14 approval of the expenditure. A copy of the request shall be 15 provided to the host municipality. A copy of any withdrawal 16 document prepared by the trustee shall be provided to the 17 department and to the host municipality. No withdrawal from this 18 trust may be made until after closure of the landfill. 19 (h) Abandonment of trust.--If the department certifies to 20 the trustee that the municipality or municipal authority has 21 abandoned the operation of the landfill or has failed or refused 22 to comply with the requirements of the Solid Waste Management 23 Act or the regulations promulgated pursuant thereto in any 24 respect, the trustee shall forthwith pay the full amount of the 25 trust to the department. The department may not make such 26 certification unless it has given 30 days' written notice to the 27 municipality or municipal authority and the trustee of the 28 department's intent to do so. 29 (i) Use of abandoned trust.--The department shall expend all 30 moneys collected pursuant to subsection (h) for the purposes set 19870S0528B1519 - 70 -
1 forth in subsection (c). The department may expend money 2 collected from a trust for a landfill only for that landfill. 3 (j) Surplus.--Except for trusts that have been abandoned as 4 provided in subsection (h), any moneys remaining in a trust 5 subsequent to final closure of a landfill under the Solid Waste 6 Management Act and the regulations promulgated pursuant thereto 7 shall, upon certification of final closure by the department, be 8 returned to the municipality or municipal authority. 9 (k) Duty under law.--Nothing in this section shall be 10 understood or construed to in any way relieve the municipality 11 or municipal authority of any duty or obligation imposed by this 12 act, the Solid Waste Management Act, any other act administered 13 by the department, the regulations promulgated pursuant thereto, 14 or the terms or conditions of any permit. 15 (l) Other remedies.--The remedies provided to the department 16 in this section are in addition to any other remedies provided 17 at law or in equity. 18 Section 1110. Independent evaluation of permit applications. 19 At the request of a host municipality, the department may 20 reimburse a host municipality for costs incurred for an 21 independent permit application review, by a professional 22 engineer who is licensed in this Commonwealth and who has 23 previous experience in preparing such permit applications, of an 24 application under the act of July 7, 1980 (P.L.380, No.97), 25 known as the Solid Waste Management Act, for a new municipal 26 waste landfill or resource recovery facility or that would 27 result in additional capacity for a municipal waste landfill or 28 resource recovery facility. Reimbursement shall not exceed 29 $10,000 per complete application. 30 Section 1111. Protection of capacity. 19870S0528B1519 - 71 -
1 (a) New permits.--A permit issued by the department under 2 the act of July 7, 1980 (P.L.380, No.97), known as the Solid 3 Waste Management Act, for a new municipal waste landfill or 4 resource recovery facility or that results in additional 5 capacity for a municipal waste landfill or resource recovery 6 facility shall include a permit condition setting forth the 7 weight or volume of municipal waste generated within the host 8 county that the operator shall allow to be delivered for 9 disposal or processing at the facility for a specified period. 10 (b) Existing permits.--Within six months after the effective 11 date of this act, the department shall modify each municipal 12 waste landfill and resource recovery facility permit issued 13 under the Solid Waste Management Act before the effective date 14 of this act. The permit modification shall consist of a permit 15 condition setting forth the weight or volume of municipal waste 16 generated within the host county that the operator shall allow 17 to be delivered to the facility for disposal or processing at 18 the facility for a specified period. 19 (c) Department.--The department may take any action 20 authorized by statute that the department deems necessary to 21 ensure that operators of municipal waste landfills and resource 22 recovery facilities give priority to the disposal or processing 23 of municipal waste generated within the host county. 24 CHAPTER 13 25 HOST MUNICIPALITY BENEFIT FEE 26 Section 1301. Host municipality benefit fee. 27 (a) Imposition.--There is imposed a host municipality 28 benefit fee upon the operator of each municipal waste landfill 29 or resource recovery facility that receives a new permit or 30 permit that results in additional capacity from the department 19870S0528B1519 - 72 -
1 under the Solid Waste Management Act after the effective date of 2 this act. The fee shall be paid to the host municipality. If the 3 host municipality owns or operates the landfill or facility, the 4 fee shall not be imposed for waste generated within such 5 municipality. If the landfill or facility is located within more 6 than one host municipality, the fee shall be apportioned among 7 them according to the percentage of the permitted area located 8 in each municipality. 9 (b) Amount.--The fee is $1 per ton of weighed solid waste or 10 $1 per three cubic yards of volume-measured solid waste for all 11 solid waste received at a landfill or facility. 12 (c) Municipal options.--Nothing in this section or section 13 1302 shall prevent a host municipality from receiving a higher 14 fee or receiving the fee in a different form or at different 15 times than provided in this section and section 1302, if the 16 host municipality and the operator of the municipal waste 17 landfill or resource recovery facility agree in writing. 18 Section 1302. Form and timing of host municipality benefit fee 19 payment. 20 (a) Quarterly payment.--Each operator subject to section 21 1301 shall make the host municipality benefit fee payment 22 quarterly. The fee shall be paid on or before the twentieth day 23 of April, July, October and January for the three months ending 24 the last day of March, June, September and December. 25 (b) Quarterly reports.--Each host municipality benefit fee 26 payment shall be accompanied by a form prepared and furnished by 27 the department and completed by the operator. The form shall 28 state the weight or volume of solid waste received by the 29 landfill or facility during the payment period and provide any 30 other information deemed necessary by the department to carry 19870S0528B1519 - 73 -
1 out the purposes of the act. The form shall be signed by the 2 operator. A copy of the form shall be sent to the department at 3 the same time that the fee and form are sent to the host 4 municipality. 5 (c) Timeliness of payment.--An operator shall be deemed to 6 have made a timely payment of the host municipality benefit fee 7 if all of the following are met: 8 (1) The enclosed payment is for the full amount owed 9 pursuant to this section, and no further host municipality 10 action is required for collection. 11 (2) The payment is accompanied by the required form, and 12 such form is complete and accurate. 13 (3) The letter transmitting the payment that is received 14 by the host municipality is postmarked by the United States 15 Postal Service on or prior to the final day on which the 16 payment is to be received. 17 (d) Discount.--Any operator that makes a timely payment of 18 the host municipality benefit fee as provided in this section 19 shall be entitled to credit and apply against the fee payable by 20 him a discount of 1% of the amount of the fee collected by him. 21 (e) Alternative proof.--For purposes of this section, 22 presentation of a receipt indicating that the payment was mailed 23 by registered or certified mail on or before the due date shall 24 be evidence of timely payment. 25 Section 1303. Collection and enforcement of fee. 26 (a) Interest.--If an operator fails to make a timely payment 27 of the host municipality benefit fee, the operator shall pay 28 interest on the unpaid amount due at the rate established 29 pursuant section 806 of the act of April 9, 1929 (P.L.343, 30 No.176), known as The Fiscal Code, from the last day for timely 19870S0528B1519 - 74 -
1 payment to the date paid. 2 (b) Additional penalty.--In addition to the interest 3 provided in subsection (a), if an operator fails to make timely 4 payment of the host municipality benefit fee, there shall be 5 added to the amount of fee actually due 5% of the amount of such 6 fee, if the failure to file a timely payment is for not more 7 than one month, with an additional 5% for each additional month, 8 or fraction thereof, during which such failure continues, not 9 exceeding 25% in the aggregate. 10 (c) Assessment notices.--If the host municipality determines 11 that any operator of a municipal waste landfill or resource 12 recovery facility has not made a timely payment of the host 13 municipality benefit fee, it will send a written notice for the 14 amount of the deficiency to such operator within 30 days from 15 the date of determining such deficiency. When the operator has 16 not provided a complete and accurate statement of the weight or 17 volume of solid waste received at the landfill or facility for 18 the payment period, the host municipality may estimate the 19 weight or volume in its deficiency notice. 20 (d) Constructive trust.--All host municipality benefit fees 21 collected by an operator and held by such operator prior to 22 payment to the host municipality shall constitute a trust fund 23 for the host municipality, and such trust shall be enforceable 24 against such operator, its representatives and any person 25 receiving any part of such fund without consideration or with 26 knowledge that the operator is committing a breach of the trust. 27 However, any person receiving payment of lawful obligation of 28 the operator from such fund shall be presumed to have received 29 the same in good faith and without any knowledge of the breach 30 of trust. 19870S0528B1519 - 75 -
1 (e) Manner of collection.--The amount due and owing under 2 section 1301 shall be collectible by the host municipality in 3 the manner provided in section 1709. 4 (f) Remedies cumulative.--The remedies provided to host 5 municipalities in this section are in addition to any other 6 remedies provided at law or in equity. 7 Section 1304. Records. 8 Each operator that is required to pay the Host Municipality 9 Benefit Fee shall keep daily records of all deliveries of solid 10 waste to the landfill or facility, as required by the host 11 municipality, including, but not limited to, the name and 12 address of the hauler, the source of the waste, the kind of 13 waste received and the weight or volume of the waste. Such 14 records shall be maintained in Pennsylvania by the operator for 15 no less than five years and shall be made available to the host 16 municipality for inspection upon request. 17 Section 1305. Surcharge. 18 The provisions of any law to the contrary notwithstanding, 19 the operator of any municipal waste landfill or resource 20 recovery facility subject to section 1301 may collect the host 21 municipality benefit fee as a surcharge on any fee schedule 22 established pursuant to law, ordinance, resolution or contract 23 for solid waste disposal or processing operations at the 24 landfill or facility. In addition, any person who collects or 25 transports solid waste subject to the host municipality benefit 26 fee to a municipal waste landfill or resource recovery facility 27 subject to section 1301 may impose a surcharge on any fee 28 schedule established pursuant to law, ordinance, resolution or 29 contract for the collection or transportation of solid waste to 30 the landfill or facility. The surcharge shall be equal to the 19870S0528B1519 - 76 -
1 increase in processing or disposal fees at the landfill or 2 facility attributable to the host municipality benefit fee. 3 However, interest and penalties on the fee under section 1303(a) 4 and (b) may not be collected as a surcharge. 5 CHAPTER 15 6 RECYCLING AND WASTE REDUCTION 7 Section 1501. Municipal implementation of recycling programs. 8 (a) Large population.--Within two years after the effective 9 date of this act, each municipality other than a county that has 10 a population of 10,000 or more people shall establish and 11 implement a source separation and collection program for 12 recyclable materials in accordance with this section. Population 13 shall be determined by the most recent decennial census by the 14 Bureau of the Census of the United States Department of 15 Commerce. 16 (b) Small population.--Within three years after the 17 effective date of this act, each municipality other than a 18 county that has a population of more than 5,000 people but less 19 than 10,000 people, and which has a population density of more 20 than 300 people per square mile, shall establish and implement a 21 source separation and collection program for recyclable 22 materials in accordance with this section. Population shall be 23 determined based on the most recent decennial census by the 24 Bureau of the Census of the United States Department of 25 Commerce. 26 (c) Contents.--The source separation and collection program 27 shall include, at a minimum, the following elements: 28 (1) An ordinance or regulation adopted by the governing 29 body of the county or municipality, requiring all of the 30 following: 19870S0528B1519 - 77 -
1 (i) Persons to separate at least three materials 2 deemed appropriate by the municipality from other 3 municipal waste generated at their homes, apartments and 4 other residential establishments and to store such 5 material until collection. The three materials shall be 6 chosen from the following: clear glass, colored glass, 7 aluminum, steel and bimetallic cans, high-grade office 8 paper, newsprint, corrugated paper and plastics. 9 (ii) Persons to separate leaf waste from other 10 municipal waste generated at their homes, apartments and 11 other residential establishments until collection unless 12 those persons have otherwise provided for the composting 13 of leaf waste. 14 (iii) Persons to separate high grade office paper, 15 aluminum, corrugated paper and leaf waste and other 16 material deemed appropriate by the municipality generated 17 at commercial, municipal or institutional establishments 18 and from community activities and to store the material 19 until collection. The governing body of a municipality 20 shall exempt persons occupying commercial, institutional 21 and municipal premises within its municipal boundaries 22 from the source-separation requirements of the ordinance 23 or regulation if those persons have otherwise provided 24 for the recycling of materials they are required by this 25 section to recycle. To be eligible for an exemption under 26 this subparagraph, a commercial or institutional solid 27 waste generator must annually provide written 28 documentation to the municipality of the total number of 29 tons recycled. 30 (2) A scheduled day, at least once per month, during 19870S0528B1519 - 78 -
1 which separated materials are to be placed at the curbside or 2 a similar location for collection. 3 (3) A system, including trucks and related equipment, 4 that collects recyclable materials from the curbside or 5 similar locations at least once per month from each residence 6 or other person generating municipal waste in the county or 7 municipality. 8 (4) Provisions to ensure compliance with the ordinance, 9 including incentives and penalties. 10 (5) Provisions for the recycling of collected materials. 11 (d) Notice.--Each municipality subject to this section 12 shall, at least 30 days prior to the initiation of the recycling 13 program and at least once every six months thereafter, notify 14 all persons occupying residential, commercial, institutional and 15 municipal premises within its boundaries of the requirements of 16 the ordinance. The governing body of a municipality may, in its 17 discretion as it deems necessary and appropriate, place an 18 advertisement in a newspaper circulating in the municipality, 19 post a notice in public places where public notices are 20 customarily posted, including a notice with other official 21 notifications periodically mailed to residential taxpayers or 22 utilize any combination of the foregoing. 23 (e) Agreements.--A municipality may enter into a written 24 agreement with other persons, including persons transporting 25 municipal waste on the effective date of this act, pursuant to 26 which the persons undertake to fulfill some or all of the 27 municipality's responsibilities under this section. A person who 28 enters an agreement under this subsection shall be responsible 29 with the municipality for implementation of this section. 30 (f) Preference.--In implementing its recycling program, a 19870S0528B1519 - 79 -
1 municipality shall accord consideration for the collection, 2 marketing and disposition of recyclable materials to persons 3 engaged in the business of recycling on the effective date of 4 this act, whether or not the persons were operating for profit. 5 Section 1502. Facilities operation and recycling. 6 (a) Leaf waste.--Two years after the effective date of this 7 act, no municipal waste landfill may accept for disposal, and no 8 resource recovery facility may accept for processing, other than 9 composting, truckloads composed primarily of leaf waste. 10 (b) Drop-off centers.-- 11 (1) Two years after the effective date of this act, no 12 person may operate a municipal waste landfill, resource 13 recovery facility or transfer station unless the operator has 14 established at least one drop-off center for the collection 15 and sale of recyclable material, including, at a minimum, 16 clear glass, aluminum, high grade office paper and cardboard. 17 The center must be located at the facility or in a place that 18 is easily accessible to persons generating municipal waste 19 that is processed or disposed at the facility. Each drop-off 20 center must contain bins or containers where recyclable 21 materials may be placed and temporarily stored. If the 22 operation of the drop-off center requires attendants, the 23 center shall be open at least eight hours per week, including 24 four hours during evenings or weekends. 25 (2) Each operator shall, at least 30 days prior to the 26 initiation of the drop-off center program and at least once 27 every six months thereafter, notify all persons generating 28 municipal waste that is processed or disposed at the 29 facility. The operator shall place an advertisement in a 30 newspaper circulating in the municipality or provide notice 19870S0528B1519 - 80 -
1 in another manner approved by the department. 2 Section 1503. Commonwealth recycling and waste reduction. 3 (a) Recycling.--Within two years after the effective date of 4 this act, each Commonwealth agency, in coordination with the 5 Department of General Services, shall establish and implement a 6 source separation and collection program for recyclable 7 materials produced as a result of agency operations, including, 8 at a minimum, aluminum, high grade office paper and corrugated 9 paper. The source separation and collection program shall 10 include, at a minimum, procedures for collecting and storing 11 recyclable materials, bins or containers for storing materials, 12 and contractual or other arrangements with buyers. 13 (b) Waste reduction.--Within two years after the effective 14 date of this act, each Commonwealth agency, in coordination with 15 the department of General Services, shall establish and 16 implement a waste reduction program for materials used in the 17 course of agency operations. The program shall be designed and 18 implemented to achieve the maximum feasible reduction of waste 19 generated as a result of agency operations. 20 (c) Use of composted materials.--All Commonwealth agencies 21 responsible for the maintenance of public lands in this 22 Commonwealth shall, to the maximum extent practicable and 23 feasible, give due consideration and preference to the use of 24 compost materials in all land maintenance activities which are 25 to be paid with public funds. 26 Section 1504. Procurement by Department of General Services. 27 (a) Review of policies.-- 28 (1) The Department of General Services shall review and 29 revise its existing procurement procedures and specifications 30 for the purchase of products and materials to eliminate 19870S0528B1519 - 81 -
1 procedures and specifications that explicitly discriminate 2 against products and materials with recycled content. The 3 Department of General Services shall review and revise its 4 procedures and specifications on a continuing basis to 5 encourage the use of products and materials with recycled 6 content and shall, in developing new procedures and 7 specification, encourage the use of products and materials 8 with recycled content. 9 (2) The Department of General Services shall review and 10 revise its procurement procedures and specifications for the 11 purchase of products and materials to ensure, to the maximum 12 extent economically feasible, that the Department of General 13 Services purchases products or materials that may be recycled 14 or reused when these products are discarded. The Department 15 of General Services shall complete an initial review and 16 revision within one year from the effective date of this act. 17 The Department of General Services shall review and revise 18 its procedures and specifications on a continuing basis to 19 encourage the use of products and materials that may be 20 recycled or reused and shall, in developing new procedures 21 and specifications, encourage the use of products and 22 materials that may be recycled or reused. 23 (b) Bidding.-- 24 (1) A person who submits a bid to the Department of 25 General Services for a contract that includes the purchase of 26 products or materials shall certify, in writing, either the 27 percentage by weight of recycled content in the product that 28 is the subject of the bid or such other measure of recycled 29 content as may be set forth in the Department of General 30 Services' invitation for bids. A person may certify that the 19870S0528B1519 - 82 -
1 products or materials contain no recycled content. 2 (2) The Department of General Services shall, in issuing 3 an invitation for bids, require that all bidders who seek to 4 qualify for the preference set forth in subsection (c) 5 certify that the products or materials that are the subject 6 of the bid contain a minimum percentage of recycled content 7 that is set forth in the invitation for bids. 8 (c) Award of contracts.--Upon evaluation of bids opened for 9 every public contract by the Department of General Services that 10 includes the purchase of products or materials, the Department 11 of General Services shall identify the lowest responsible bidder 12 and any other responsible bidders whose prices exceed that of 13 the lowest responsible bidder by 5% or less who have certified 14 that the products or materials contain at least the minimum 15 percentage of recycled content that is set forth in the 16 Department of General Services' invitation for bids. If no 17 bidders offer products or materials with the minimum prescribed 18 recycled content, the Department of General Services shall award 19 the contract to the lowest responsible bidder. This subsection 20 does not apply to products and materials used in highway and 21 bridge maintenance. 22 (d) Rulemaking.--The Department of General Services may 23 adopt regulations as it deems necessary to carry out the 24 provisions and purposes of this section. 25 (e) Cooperation.--All Commonwealth agencies shall cooperate 26 with the Department of General Services in carrying out this 27 section. 28 (f) Annual report.--The Department of General Services shall 29 submit an annual report to the General Assembly concerning its 30 implementation of this section. This report shall include a 19870S0528B1519 - 83 -
1 description of what actions the Department of General Services 2 has taken in the previous year to implement this section. This 3 report shall be submitted on or before the anniversary of the 4 effective date of this act. 5 (g) Partial repeal.--Sections 2403(b), (c) and 2409(h) of 6 the act of April 9, 1929 (P.L.177, No.175), known as The 7 Administrative Code of 1929, are repealed to the extent that 8 they are inconsistent with subsection (c). 9 Section 1505. Procurement by Department of Transportation. 10 (a) Review of policies.-- 11 (1) The Department of Transportation shall review and 12 revise its existing procurement procedures and specifications 13 for the purchase of products and materials to eliminate 14 procedures and specifications that explicitly discriminate 15 against products and materials with recycled content and to 16 encourage the use of products and materials with recycled 17 content. The Department of Transportation shall complete an 18 initial review and revision within one year of the effective 19 date of this act. The Department of Transportation shall 20 review and revise its procedures and specifications on a 21 continuing basis to encourage the use of products and 22 materials with recycled content and shall, in developing new 23 procedures and specifications, encourage the use of products 24 and materials with recycled content. 25 (2) The Department of Transportation shall review and 26 revise its procurement procedures and specifications for the 27 purchase of products and materials to ensure, to the maximum 28 extent economically feasible, that the Department of 29 Transportation purchases products or materials that may be 30 recycled or reused when these products or materials are 19870S0528B1519 - 84 -
1 discarded. The Department of Transportation shall complete an 2 initial review and revision within one year of the effective 3 date of this act. The Department of Transportation shall 4 review and revise its procedures and specifications on a 5 continuing basis to encourage the use of products and 6 materials that may be recycled or reused and shall, in 7 developing new procedures and specifications, encourage the 8 use of products and materials that may be recycled or reused. 9 (b) Rulemaking.--The Department of Transportation may adopt 10 regulations as it deems necessary to carry out the provisions 11 and purposes of this section. 12 (c) Cooperation.--All Commonwealth agencies shall cooperate 13 with the Department of Transportation in carrying out this 14 section. 15 (d) Testing.--A person who believes that a particular 16 constituent of solid waste or any product or material with 17 recycled content may be beneficially used in lieu of another 18 product or material in the Commonwealth's transportation system 19 may request the Department of Transportation to evaluate that 20 constituent, product or material. The Department of 21 Transportation, in consultation with the department, shall 22 conduct a preliminary review of each proposal to identify which 23 proposals merit an evaluation. If the Department of 24 Transportation finds, after an evaluation, that the constituent, 25 product or material may be beneficially used, it shall amend its 26 procedures and specifications to allow the use of the 27 constituent product or material. 28 (e) Grants.--The Department of Transportation may award 29 research and demonstration grants concerning the potential 30 beneficial use of a particular constituent of solid waste, or 19870S0528B1519 - 85 -
1 any product or material with recycled content, in lieu of 2 another product or material in the Commonwealth's transportation 3 system. The application shall be made on a form prepared and 4 furnished by the Department of Transportation and shall contain 5 the information the Department of Transportation deems 6 necessary. 7 (f) Annual report.--The Department of Transportation shall 8 submit an annual report to the General Assembly concerning its 9 implementation of this section. This report shall include a 10 description of what actions the Department of Transportation has 11 taken in the previous year to implement this section. This 12 report shall be submitted on or before the anniversary of the 13 effective date of this act. 14 Section 1506. Procurement options for local public agencies and 15 certain Commonwealth agencies. 16 (a) General rule.--This section sets forth procurement 17 options for local public agencies. These procurement options are 18 also available to Commonwealth agencies for which materials are 19 not purchased by the Department of General Services or the 20 Department of Transportation. Nothing in this act shall be 21 construed to require the agencies to exercise the options set 22 forth in this section. 23 (b) Procedural options.--Each public agency subject to this 24 section may, at is discretion, do any of the following: 25 (1) Review and revise its procurement procedures and 26 specifications for purchases of paper, lubricating oil, tires 27 and other products or materials to eliminate procedures and 28 specifications that discriminate against recycled products or 29 materials. 30 (2) Review and revise its procurement procedures and 19870S0528B1519 - 86 -
1 specifications for purchases of paper, lubricating oil, tires 2 and other products or materials to ensure, to the maximum 3 extent economically feasible, that the agency purchases 4 products or materials that may be recycled or reused when 5 these products are discarded. 6 (3) Require that a person who submits a bid to the 7 agency for a contract for purchase products or materials for 8 use by or on behalf of the agency certify, in writing, either 9 the percentage by weight of recycled content in the product 10 or material that is the subject of the bid, or such other 11 measure of recycled content as may be set forth in the 12 agency's invitation for bids. 13 (4) Establish specifications for bids for public 14 contracts that require all bidders to propose that a stated 15 minimum percentage of products or materials to be used for 16 the contract be made from recycled material. 17 (c) Contract options.--Each public agency that is subject to 18 this section may, at its discretion, award contracts according 19 to one of the following methods, when the method is set forth in 20 the invitation for bids: 21 (1) Upon evaluation of bids opened for a public contract 22 by a public agency for the purchase of products or materials, 23 the public agency shall identify the lowest responsible 24 bidder and any other responsible bidders whose prices exceed 25 that of the lowest responsible bidder by a preference 26 percentage to be set forth in the invitation for bids, but 27 not more than 5% of the bid amount. If no bidders offer 28 products or materials with the minimum prescribed recycled 29 content, the agency shall award the contract to the lowest 30 responsible bidder. 19870S0528B1519 - 87 -
1 (2) Upon evaluation of bids opened for a public 2 contract, the agency shall identify the lowest responsible 3 bidder. Where there is a tie for lowest responsible bidder, 4 the agency in determining to whom to award the contract shall 5 consider, as one factor in its determination, which of the 6 bids provides for the greatest weight of recycled material in 7 the product or products to be purchased, or for the best 8 measure of recycled content other than weight as may be set 9 forth in the invitation for bids. 10 (d) Other laws.--The options set forth in this section may 11 be exercised, notwithstanding any other provision of law to the 12 contrary. 13 Section 1507. Recycling at educational institutions. 14 The department, in consultation with the Department of 15 Education, shall develop guidelines for source separation and 16 collection of recyclable materials and for waste reduction in 17 primary and secondary schools, colleges and universities, 18 whether the schools, colleges and universities are public or 19 nonpublic. At a minimum, the guidelines shall address generated 20 in administrative offices, classrooms, dormitories and 21 cafeterias. The Department of Education shall distribute these 22 guidelines and encourage their implementation. The guidelines 23 shall be developed and distributed within two years of the 24 effective date of this act, except that the guidelines are not 25 required to be distributed to educational institutions that are 26 Commonwealth agencies implementing recycling programs under 27 section 1505. 28 CHAPTER 17 29 ENFORCEMENT AND REMEDIES 30 Section 1701. Unlawful conduct. 19870S0528B1519 - 88 -
1 (a) Offenses defined.--It shall be unlawful for any person 2 to: 3 (1) Violate, or cause or assist in the violation of, any 4 provision of this act, any regulation promulgated hereunder, 5 any order issued hereunder, or the terms or conditions of any 6 municipal waste management plan approved by the department 7 under this act. 8 (2) Fail to adhere to the schedule set forth in, or 9 pursuant to, this act for developing or submitting to the 10 department a municipal waste management plan. 11 (3) Fail to adhere to the schedule set forth in an 12 approved plan for planning, design, siting, construction or 13 operation of municipal waste processing or disposal 14 facilities. 15 (4) Act in a manner that is contrary to the approved 16 county plan or otherwise fail to act in a manner that is 17 consistent with the approved county plan. 18 (5) Fail to make a timely payment of the recycling fee 19 or host municipality benefit fee. 20 (6) Hinder, obstruct, prevent or interfere with the 21 department or its personnel in the performance of any duty 22 under this act. 23 (7) Hinder, obstruct, prevent or interfere with host 24 municipalities or their personnel in the performance of any 25 duty related to the collection of the host municipality 26 benefit fee or in conducting any inspection authorized by 27 this act. 28 (8) Violate the provisions of 18 Pa.C.S. § 4903 29 (relating to false swearing) or 4904 (relating to unsworn 30 falsification to authorities) in complying with any provision 19870S0528B1519 - 89 -
1 of this act, including, but not limited to, providing or 2 preparing any information required by this act. 3 (9) Fail to make any payment to the site-specific 4 postclosure fund or the trust fund for municipally operated 5 landfills in accordance with the provisions of this act. 6 (b) Public nuisance.--All unlawful conduct set forth in 7 subsection (a) shall also constitute a public nuisance. 8 Section 1702. Enforcement orders. 9 (a) Issuance.--The department may issue such orders to 10 persons as it deems necessary to aid in the enforcement of the 11 provisions of this act. Such orders may include, but shall not 12 be limited to, orders requiring persons to comply with approved 13 municipal waste management plans and orders requiring compliance 14 with the provisions of this act and the regulations promulgated 15 pursuant thereto. Any order issued under this act shall take 16 effect upon notice, unless the order specifies otherwise. An 17 appeal to the Environmental Hearing Board shall not act as a 18 supersedeas. The power of the department to issue an order under 19 this act is in addition to any other remedy which may be 20 afforded to the department pursuant to this act or any other 21 act. 22 (b) Compliance.--It shall be the duty of any person to 23 proceed diligently to comply with any order issued pursuant to 24 subsection (a). If such person fails to proceed diligently or 25 fails to comply with the order within such time, if any, as may 26 be specified, such person shall be guilty of contempt and shall 27 be punished by the court in an appropriate manner, and for this 28 purpose, application may be made by the department to the 29 Commonwealth Court, which is hereby granted jurisdiction. 30 Section 1703. Restraining violations. 19870S0528B1519 - 90 -
1 (a) Injunctions.--In addition to any other remedies provided 2 in this act, the department may institute a suit in equity in 3 the name of the Commonwealth where unlawful conduct or public 4 nuisance exists for an injunction to restrain a violation of 5 this act, the regulations promulgated pursuant thereto, any 6 order issued pursuant thereto, or the terms or conditions of any 7 approved municipal waste management plan, and to restrain the 8 maintenance or threat of a public nuisance. In any such 9 proceeding, the court shall, upon motion of the Commonwealth, 10 issue a prohibitory or mandatory preliminary injunction if it 11 finds that the defendant is engaging in unlawful conduct as 12 defined by this act or is engaged in conduct which is causing 13 immediate and irreparable harm to the public. The Commonwealth 14 shall not be required to furnish bond or other security in 15 connection with such proceedings. In addition to an injunction, 16 the court, in such equity proceedings, may levy civil penalties 17 as specified in section 1704. 18 (b) Jurisdiction.--In addition to any other remedies 19 provided for in this act, upon relation of any district attorney 20 of any county affected, or upon relation of the solicitor of any 21 county or municipality affected, an action in equity may be 22 brought in a court of competent jurisdiction for an injunction 23 to restrain any and all violations of this act or the 24 regulations promulgated pursuant thereto, or to restrain any 25 public nuisance. 26 (c) Concurrent remedies.--The penalties and remedies 27 prescribed by this act shall be deemed concurrent, and the 28 existence of or exercise of any remedy shall not prevent the 29 department from exercising any other remedy hereunder, at law or 30 in equity. 19870S0528B1519 - 91 -
1 (d) Venue.--Actions instituted under this section may be 2 filed in the appropriate court of common pleas or in the 3 Commonwealth Court, which courts are hereby granted jurisdiction 4 to hear such actions. 5 Section 1704. Civil penalties. 6 (a) Assessment.--In addition to proceeding under any other 7 remedy available at law or in equity for a violation of any 8 provision of this act, the regulations promulgated hereunder, 9 any order of the department issued hereunder, or any term or 10 condition of an approved municipal waste management plan, the 11 department may assess a civil penalty upon a person for such 12 violation. Such a penalty may be assessed whether or not the 13 violation was willful or negligent. In determining the amount of 14 the penalty, the department shall consider the willfulness of 15 the violation; the effect on the municipal waste planning 16 process; damage to air, water, land or other natural resources 17 of this Commonwealth or their uses; cost of restoration and 18 abatement; savings resulting to the person in consequence of 19 such violation; deterrence of future violations; and other 20 relevant factors. If the violation leads to issuance of a 21 cessation order, a civil penalty shall be assessed. 22 (b) Escrow.--When the department assesses a civil penalty, 23 it shall inform the person of the amount of the penalty. The 24 person charged with the penalty shall then have 30 days to pay 25 the penalty in full or, if the person wishes to contest either 26 the amount of the penalty or the fact of the violation, either 27 to forward the proposed amount to the department for placement 28 in an escrow account with the State Treasurer or with a bank in 29 this Commonwealth or to post an appeal bond in the amount of the 30 penalty. The bond must be executed by a surety licensed to do 19870S0528B1519 - 92 -
1 business in this Commonwealth and must be satisfactory to the 2 department. If, through administrative or judicial review of the 3 proposed penalty, it is determined that no violation occurred or 4 that the amount of the penalty shall be reduced, the department 5 shall, within 30 days, remit the appropriate amount to the 6 person, with an interest accumulated by the escrow deposit. 7 Failure to forward the money or the appeal bond to the 8 department within 30 days shall result in a waiver of all legal 9 rights to contest the violation or the amount of the penalty. 10 (c) Amount.--The maximum civil penalty which may be assessed 11 pursuant to this section is $10,000 per violation. Each 12 violation for each separate day and each violation of any 13 provision of this act, any regulation promulgated hereunder, any 14 order issued hereunder, or the terms or conditions of any 15 approved municipal waste management plan shall constitute a 16 separate offense under this section. 17 (d) Statute of limitations.--Notwithstanding any other 18 provision of law to the contrary, there shall be a statute of 19 limitations of five years upon actions brought by the 20 Commonwealth under this section. 21 Section 1705. Criminal penalties. 22 (a) Summary offense.--Any person, other than a municipal 23 official exercising his official duties, who violates any 24 provision of this act, any regulation promulgated hereunder, any 25 order issued hereunder, or the terms or conditions of any 26 approved municipal waste management plan shall, upon conviction 27 thereof in a summary proceeding, be sentenced to pay a fine of 28 not less than $100 and not more than $1,000 and costs and, in 29 default of the payment of such fine and costs, to undergo 30 imprisonment for not more than 30 days. 19870S0528B1519 - 93 -
1 (b) Misdemeanor offense.--Any person, other than a municipal 2 official exercising his official duties, who violates any 3 provision of this act, any regulation promulgated hereunder, any 4 order issued hereunder, or the terms or conditions of any 5 approved municipal waste management plan, commits a misdemeanor 6 of the third degree and shall, upon conviction, be sentenced to 7 pay a fine of not less than $1,000 but not more than $10,000 per 8 day for each violation or to imprisonment for a period of not 9 more than one year, or both. 10 (c) Second or subsequent offense.--Any person, other than a 11 municipal official exercising his official duties who, within 12 two years after a conviction of a misdemeanor for any violation 13 of this act, violates any provision of this act, any regulation 14 promulgated hereunder, any order issued hereunder, or the terms 15 or conditions of any approved municipal waste management plan, 16 commits a misdemeanor of the second degree and shall, upon 17 conviction, be sentenced to pay a fine of not less than $2,500 18 nor more than $25,000 for each violation or to imprisonment for 19 a period of not more than two years, or both. 20 (d) Violations to be separate offense.--Each violation for 21 each separate day and each violation of any provision of this 22 act, any regulation promulgated hereunder, any order issued 23 hereunder, or the terms or conditions of any approved municipal 24 waste management plan, shall constitute a separate offense under 25 subsections (a), (b) and (c). 26 Section 1706. Existing rights and remedies preserved; 27 cumulative remedies authorized. 28 Nothing in this act shall be construed as estopping the 29 Commonwealth, or any district attorney of a county or solicitor 30 of a municipality, from proceeding in courts of law or equity to 19870S0528B1519 - 94 -
1 abate pollution forbidden under this act, or abate nuisances 2 under existing law. It is hereby declared to be the purpose of 3 this act to provide additional and cumulative remedies to 4 control municipal waste planning and management within this 5 Commonwealth, and nothing contained in this act shall in any way 6 abridge or alter rights of action or remedies now or hereafter 7 existing in equity, or under the common law or statutory law, 8 criminal or civil. Nothing in this act, or the approval of any 9 municipal waste management plan under this act, or any act done 10 by virtue of this act, shall be construed as estopping the 11 Commonwealth or persons in the exercise of their rights under 12 the common law or decisional law or in equity, from proceeding 13 in courts of law or equity to suppress nuisances, or to abate 14 any pollution now or hereafter existing, or to enforce common 15 law or statutory rights. No court of this Commonwealth having 16 jurisdiction to abate public or private nuisances shall be 17 deprived of such jurisdiction in any action to abate any private 18 or public nuisance instituted by any person for the reason that 19 such nuisance constitutes air or water pollution. 20 Section 1707. Production of materials; recordkeeping 21 requirements. 22 (a) Authority of department.--The department and its agents 23 and employees shall: 24 (1) Have access to, and require the production of, books 25 and papers, documents, and physical evidence pertinent to any 26 matter under investigation. 27 (2) Require any person engaged in the municipal waste 28 management or municipal waste planning to establish and 29 maintain such records and make such reports and furnish such 30 information as the department may prescribe. 19870S0528B1519 - 95 -
1 (3) Have the authority to enter any building, property, 2 premises or place where solid waste is generated, stored, 3 processed, treated or disposed of for the purposes of making 4 an investigation or inspection necessary to ascertain the 5 compliance or noncompliance by any person with the provisions 6 of this act and the regulations promulgated under this act. 7 In connection with the inspection or investigation, samples 8 may be taken of a solid, semisolid, liquid or contained 9 gaseous material for analysis. If, analysis is made of the 10 samples, a copy of the results of the analysis shall be 11 furnished within five business days after receiving the 12 analysis to the person having apparent authority over the 13 building, property, premises or place. 14 (b) Warrants.--An agent or employee of the department may 15 apply for a search warrant to any Commonwealth official 16 authorized to issue a search warrant for the purposes of 17 inspecting or examining any property, building, premises, place, 18 book, record or other physical evidence; of conducting tests; or 19 of taking samples of any solid waste. The warrant shall be 20 issued upon probable cause. It shall be sufficient probable 21 cause to show any of the following: 22 (1) The inspection, examination, test or sampling is 23 pursuant to a general administrative plan to determine 24 compliance with this act. 25 (2) The agent or employee has reason to believe that a 26 violation of this act has occurred or may occur. 27 (3) The agent or employee has been refused access to the 28 property, building, premises, place, book, record or physical 29 evidence or has been prevented from conducting tests or 30 taking samples. 19870S0528B1519 - 96 -
1 Section 1708. Withholding of State funds. 2 In addition to any other penalties provided in this act, the 3 department may notify the State Treasurer to withhold payment of 4 all or any portion of funds payable to the municipality by the 5 department from the General Fund or any other fund if the 6 municipality has engaged in any unlawful conduct under section 7 1701. Upon notification, the State Treasurer shall hold in 8 escrow such moneys due to such municipality until such time as 9 the department notifies the State Treasurer that the 10 municipality has complied with such requirement or schedule. 11 Section 1709. Collection of fines, fees, etc. 12 (a) Lien.--All fines, fees, interest and penalties and any 13 other assessments shall be collectible in any manner provided by 14 law for the collection of debts. If the person liable to pay any 15 such amount neglects or refuses to pay the same after demand, 16 the amount, together with interest and any costs that may 17 accrue, shall be a judgment in favor of the Commonwealth or the 18 host municipality, as the case may be, upon the property of such 19 person, but only after same has been entered and docketed of 20 record by the prothonotary of the county where such property is 21 situated. The Commonwealth or host municipality, as the case may 22 be, may at any time transmit to the prothonotaries of the 23 respective counties certified copies of all such judgments, and 24 it shall be the duty of each prothonotary to enter and docket 25 the same of record in his office, and to index the same as 26 judgments are indexed, without requiring the payment of costs as 27 a condition precedent to the entry thereof. 28 (b) Deposit of fines.--All fines collected pursuant to 29 sections 1704 and 1705 shall be paid into the Solid Waste 30 Abatement Fund. 19870S0528B1519 - 97 -
1 Section 1710. Right of citizen to intervene in proceedings. 2 Any citizen of this Commonwealth having an interest which is 3 or may be adversely affected shall have the right on his own 4 behalf, without posting bond, to intervene in any action brought 5 pursuant to section 1703 or 1704. 6 Section 1711. Remedies of citizens. 7 (a) Commencement of civil action.--Except as provided in <-- 8 subsection (b), any person having an interest that is or may be 9 adversely affected may commence a civil action or his own behalf 10 against any person other than the department to compel 11 compliance with this act, any regulation promulgated under this 12 act, any order of the department issued under this act or any 13 term or condition of an approved municipal waste management 14 plan. The courts of common pleas shall have jurisdiction of 15 actions under this section. Venue shall be as set forth in the 16 Pennsylvania Rules of Civil Procedure concerning civil actions. 17 (b) Notice.--No action under this section may be commenced 18 prior to 60 days after the plaintiff has given the department 19 and the alleged violator written notice of the violation. 20 (A) COMMENCEMENT OF CIVIL ACTION.--EXCEPT AS PROVIDED IN <-- 21 SUBSECTION (B), ANY PERSON HAVING AN INTEREST WHICH IS OR MAY BE 22 ADVERSELY AFFECTED MAY COMMENCE A CIVIL SUIT ON HIS OWN BEHALF 23 TO COMPEL COMPLIANCE WITH THIS ACT, OR ANY RULE OR REGULATION 24 PROMULGATED HEREUNDER, AGAINST ANY MUNICIPALITY WHERE THE 25 MUNICIPALITY FAILS TO COMPLY WITH THE PROVISIONS OF THIS ACT OR 26 AGAINST THE DEPARTMENT WHERE THERE IS ALLEGED A FAILURE OF THE 27 DEPARTMENT TO PERFORM ANY ACT WHICH IS NOT DISCRETIONARY WITH 28 THE DEPARTMENT. 29 (B) NOTICE.--NO ACTION PURSUANT TO THIS SECTION MAY BE 30 COMMENCED PRIOR TO 60 DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE, 19870S0528B1519 - 98 -
1 IN WRITING, NOTIFYING THE DEPARTMENT OF THE SECTION OF THIS ACT 2 OR THE RULE OR REGULATION FOR WHICH COMPLIANCE IS SOUGHT. IN 3 ADDITION, NO SUCH ACTION MAY BE COMMENCED IF THE DEPARTMENT HAS 4 COMMENCED AND IS DILIGENTLY PROCEEDING WITH PERFORMANCE OF THE 5 REQUIRED NONDISCRETIONARY ACT. 6 (c) Multiple actions.--No action under this section may be 7 commenced if the department has commenced and is diligently 8 prosecuting a civil action in a court of the United States or of 9 the Commonwealth, has issued an order, or has entered a consent 10 order and agreement or consent degree to require compliance with 11 this act, any regulation promulgated under this act, any order 12 of the department issued under this act or any term or condition 13 of an approved municipal waste management plan. If the 14 department has commenced and is diligently prosecuting a civil 15 action in a court of the Commonwealth, any person with an 16 interest which is or may be adversely affected may intervene as 17 of right. 18 Section 1712. Affirmative defense. 19 (a) Defense.--It shall be an affirmative defense to any 20 action by the department pursuant to section 1702, 1704, 1705 or 21 1708 and any action brought pursuant to section 1711 against any 22 municipality alleged to be in violation of section 1501 that 23 such municipality's failure to comply is caused by excessive 24 costs of the program required by section 1501. Program costs are 25 excessive when reasonable and necessary costs of operating the 26 program exceed income from the sale or use of collected 27 material, grant money received from the department pursuant to 28 section 902, and avoided costs of municipal waste processing or 29 disposal. 30 (b) Requirements.--A municipality may not assert the 19870S0528B1519 - 99 -
1 affirmative defense provided by this section if it has failed: 2 (1) To make a timely grant application to the department 3 pursuant to section 902. 4 (2) To exercise its best efforts to implement the 5 program required by section 1501 for at least two years after 6 it was required to establish and implement the program. 7 (c) Construction.--Nothing in this section shall be 8 construed or understood: 9 (1) To create an affirmative defense for a municipality 10 that is alleged to be in violation of any provision of law 11 other than section 1501. 12 (2) To create an affirmative defense for any person 13 other than a municipality. 14 (3) To modify or affect existing statutory and case law 15 concerning affirmative defenses to department actions, except 16 as expressly provided in subsection (a). 17 SECTION 1713. PUBLIC INFORMATION. <-- 18 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), 19 RECORDS, REPORTS OR OTHER INFORMATION OBTAINED UNDER THIS ACT 20 SHALL BE AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING 21 DURING REGULAR BUSINESS HOURS. 22 (B) CONFIDENTIALITY.--THE DEPARTMENT MAY, UPON REQUEST, 23 DESIGNATE RECORDS, REPORTS OR INFORMATION AS CONFIDENTIAL WHEN 24 THE PERSON PROVIDING THE INFORMATION DEMONSTRATES ALL OF THE 25 FOLLOWING: 26 (1) THE INFORMATION CONTAINS THE TRADE SECRETS, 27 PROCESSES, OPERATIONS, STYLE OF WORK OR APPARATUS OF A PERSON 28 OR IS OTHERWISE CONFIDENTIAL BUSINESS INFORMATION. 29 (2) THE INFORMATION DOES NOT RELATE TO PUBLIC HEALTH, 30 SAFETY, WELFARE, OR THE ENVIRONMENT. 19870S0528B1519 - 100 -
1 (C) SEPARATION OF INFORMATION.--WHEN SUBMITTING INFORMATION 2 UNDER THIS ACT, A PERSON SHALL DESIGNATE THE INFORMATION WHICH 3 THE PERSON BELIEVES IS CONFIDENTIAL OR SHALL SUBMIT THAT 4 INFORMATION SEPARATELY FROM OTHER INFORMATION BEING SUBMITTED. 5 CHAPTER 19 6 MISCELLANEOUS PROVISIONS 7 Section 1901. Severability. 8 The provisions of this act are severable. If any provision of 9 this act or its application to any person or circumstance is 10 held invalid, the invalidity shall not affect other provisions 11 or applications of this act which can be given effect without 12 the invalid provision or application. 13 Section 1902. Repeals. 14 (a) Absolute repeals.--The last sentence in section 201(b), 15 section 201(f) through (l) and sections 202 and 203 of the act 16 of July 7, 1980 (P.L.380, No.97), known as the Solid Waste 17 Management Act, are repealed. 18 (b) Inconsistent repeals.--Except as provided in section 19 501(b) of this act, the first through fourth sentences of 20 section 201(b) and section 201(c), (d) and (e) of the act of 21 July 7, 1980 (P.L.380, No.97), known as the Solid Waste 22 Management Act, are repealed insofar as they are inconsistent 23 with this act. 24 Section 1903. Effective date. 25 This act shall take effect in 60 days. B24L27RZ/19870S0528B1519 - 101 -