HOUSE AMENDED
        PRIOR PRINTER'S NOS. 581, 1207, 1415,         PRINTER'S NO. 1672
        1507, 1519

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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 REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, DECEMBER 8, 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

     1  Section 301.  Powers and duties of department.
     2  Section 302.  Powers and duties of Environmental Quality Board.
     3  Section 303.  Powers and duties of counties.
     4  Section 304.  Powers and duties of municipalities other than
     5                 counties.
     6  Chapter 5.  Municipal Waste Planning
     7  Section 501.  Schedule for submission of municipal waste
     8                 management plans.
     9  Section 502.  Content of municipal waste management plans.
    10  Section 503.  Development of municipal waste management plans.
    11  Section 504.  Failure to ratify plan.
    12  Section 505.  Review of municipal waste management plans.
    13  Section 506.  Contracts.
    14  Section 507.  Relationship between plans and permits.
    15  Section 508.  Studies.
    16  Section 509.  Best available technology.
    17  Section 510.  Permit requirements.
    18  Section 511.  Site limitation.
    19  Section 512.  Issuance of permits.
    20  Chapter 7.  Recycling Fee
    21  Section 701.  Recycling fee for municipal waste landfills and
    22                 resource recovery facilities.
    23  Section 702.  Form and timing of recycling fee payment.
    24  Section 703.  Collection and enforcement of fee.
    25  Section 704.  Records.
    26  Section 705.  Surcharge.
    27  Section 706.  Recycling Fund.
    28  Chapter 9.  Grants
    29  Section 901.  Planning grants.
    30  Section 902.  Grants for development and implementation of
    19870S0528B1672                  - 2 -

     1                 municipal recycling programs.
     2  Section 903.  Grants for recycling coordinators.
     3  Section 904.  General limitations.
     4  Chapter 11.  Assistance to Municipalities
     5  Section 1101.  Information provided to host municipalities.
     6  Section 1102.  Joint inspections with host municipalities.
     7  Section 1103.  Water supply testing for contiguous landowners.
     8  Section 1104.  Water supply protection.
     9  Section 1105.  Purchase of cogenerated electricity.
    10  Section 1106.  Public Utility Commission.
    11  Section 1107.  Claims resulting from pollution occurrences.
    12  Section 1108.  Site-specific postclosure fund.
    13  Section 1109.  Trust fund for municipally operated landfills.
    14  Section 1110.  Independent evaluation of permit applications.
    15  Section 1111.  Protection of capacity.
    16  Chapter 13.  Host Municipality Benefit Fee
    17  Section 1301.  Host municipality benefit fee.
    18  Section 1302.  Form and timing of host municipality benefit fee
    19                 payment.
    20  Section 1303.  Collection and enforcement of fee.
    21  Section 1304.  Records.
    22  Section 1305.  Surcharge.
    23  Chapter 15.  Recycling and Waste Reduction
    24  Section 1501.  Municipal implementation of recycling programs.
    25  Section 1502.  Facilities operation and recycling.
    26  Section 1503.  Commonwealth recycling and waste reduction.
    27  Section 1504.  Procurement by Department of General Services.
    28  Section 1505.  Procurement by Department of Transportation.
    29  Section 1506.  Procurement options for local public agencies
    30                 and certain Commonwealth agencies.
    19870S0528B1672                  - 3 -

     1  Section 1507.  Recycling at educational institutions.
     2  Chapter 17.  Enforcement and Remedies
     3  Section 1701.  Unlawful conduct.
     4  Section 1702.  Enforcement orders.
     5  Section 1703.  Restraining violations.
     6  Section 1704.  Civil penalties.
     7  Section 1705.  Criminal penalties.
     8  Section 1706.  Existing rights and remedies preserved;
     9                 cumulative remedies authorized.
    10  Section 1707.  Production of materials; recordkeeping
    11                 requirements.
    12  Section 1708.  Withholding of State funds.
    13  Section 1709.  Collection of fines, fees, etc.
    14  Section 1710.  Right of citizen to intervene in proceedings.
    15  Section 1711.  Remedies of citizens.
    16  Section 1712.  Affirmative defense.
    17  Section 1713.  Public information.
    18  Chapter 19.  Miscellaneous Provisions
    19  Section 1901.  Severability.
    20  Section 1902.  Repeals.
    21  Section 1903.  Effective date.
    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24                             CHAPTER 1
    25                         GENERAL PROVISIONS
    26  Section 101.  Short title.
    27     This act shall be known and may be cited as the Municipal
    28  Waste Planning, Recycling and Waste Reduction Act.
    29  Section 102.  Legislative findings; declaration of policy and
    30                 goals.
    19870S0528B1672                  - 4 -

     1     (a)  Legislative findings.--The Legislature hereby
     2  determines, declares and finds that:
     3         (1)  Improper municipal waste practices create public
     4     health hazards, environmental pollution and economic loss,
     5     and cause irreparable harm to the public health, safety and
     6     welfare.
     7         (2)  Parts of this Commonwealth have inadequate and
     8     rapidly diminishing processing and disposal capacity for
     9     municipal waste.
    10         (3)  Virtually every county in this Commonwealth will
    11     have to replace existing municipal waste processing and
    12     disposal facilities over the next decade.
    13         (4)  Needed additional municipal waste processing and
    14     disposal facilities have not been developed in a timely
    15     manner because of diffused responsibility for municipal waste
    16     planning, processing and disposal among numerous and
    17     overlapping units of local government.
    18         (5)  It is necessary to give counties the primary
    19     responsibility to plan for the processing and disposal of
    20     municipal waste generated within their boundaries to insure
    21     the timely development of needed processing and disposal
    22     facilities.
    23         (6)  Proper and adequate processing and disposal of
    24     municipal waste generated within a county requires the
    25     generating county to give first choice to new processing and
    26     disposal sites located within that county.
    27         (7)  It is appropriate to provide those living near
    28     municipal waste processing and disposal facilities with
    29     additional guarantees of the proper operation of such
    30     facilities and to provide incentives for municipalities to
    19870S0528B1672                  - 5 -

     1     host such facilities.
     2         (8)  Waste reduction and recycling are preferable to the
     3     processing or disposal of municipal waste.
     4         (9)  Prompt payment and efficient collection of the
     5     recycling fee created by this act are essential to the
     6     administration of the recycling grants provided by this act.
     7         (10)  Authorizing counties to control the flow of
     8     municipal waste and recyclable constituents of municipal
     9     waste is necessary to guarantee, among other things, the long
    10     term economic viability of resource recovery facilities and
    11     municipal waste landfills, ensure that such facilities and
    12     landfills can be financed, moderate the cost of such
    13     facilities and landfills over the long term, protect existing
    14     capacity, and assist in the development of markets for
    15     recyclable materials by guaranteeing a steady flow of such
    16     materials.
    17         (11)  Public agencies in the Commonwealth purchase
    18     significant quantities of products or materials annually.
    19         (12)  By purchasing products or materials made from
    20     recycled materials, public agencies in the Commonwealth can
    21     help stimulate the market for such materials and thereby
    22     foster recycling, and can also educate the public concerning
    23     the utility and availability of such materials.
    24         (13)  Removing certain materials from the municipal
    25     waste-stream will decrease the flow of solid waste to
    26     municipal waste landfills, aid in the conservation and
    27     recovery of valuable resources, conserve energy in the
    28     manufacturing process, increase the supply of reusable
    29     materials for the Commonwealth's industries, and will also
    30     reduce substantially the required capacity of proposed
    19870S0528B1672                  - 6 -

     1     resource recovery facilities and contribute to their overall
     2     combustion efficiency, thereby resulting in significant cost
     3     savings in the planning, construction and operation of these
     4     facilities.
     5         (14)  It is in the public interest to promote the source
     6     separation of marketable waste materials on a Statewide basis
     7     so that reusable materials may be returned to the economic
     8     mainstream in the form of raw materials or products rather
     9     than be disposed of at the Commonwealth's overburdened
    10     municipal waste processing or disposal facilities.
    11         (15)  The recycling of marketable materials by
    12     municipalities in the Commonwealth and Commonwealth agencies,
    13     and the development of public and private sector recycling
    14     activities on an orderly and incremental basis, will further
    15     demonstrate the Commonwealth's long term commitment to an
    16     effective and coherent solid waste management strategy.
    17         (16)  Operators of municipal waste landfills and resource
    18     recovery facilities should give first priority to the
    19     disposal or processing of municipal waste generated within
    20     the host county because, among other reasons, the host county
    21     is most directly affected by operations at the facility, and
    22     because local processing or disposal of municipal waste saves
    23     energy and transportation costs.
    24         (17)  The Commonwealth recognizes that both municipal
    25     waste landfills and resource recovery facilities will be
    26     needed as part of an integrated strategy to provide for the
    27     processing and disposal of the Commonwealth's municipal
    28     waste.
    29         (18)  This act is enacted under the authority of
    30     Amendment X of the Constitution of the United States of
    19870S0528B1672                  - 7 -

     1     America, under which the police power to protect the health,
     2     safety and welfare of the citizens is reserved to the states.
     3         (19)  The Commonwealth is responsible for the protection
     4     of the health, safety and welfare of its citizens concerning
     5     solid waste management.
     6         (20)  All aspects of solid waste management, particularly
     7     the disposition of solid waste, pose a critical threat to the
     8     health, safety and welfare of the citizens of this
     9     Commonwealth.
    10     (b)  Purpose.--It is the purpose of this act to:
    11         (1)  Establish and maintain a cooperative State and local
    12     program of planning and technical and financial assistance
    13     for comprehensive municipal waste management.
    14         (2)  Encourage the development of waste reduction and
    15     recycling as a means of managing municipal waste, conserving
    16     resources and supplying energy through planning, grants and
    17     other incentives.
    18         (3)  Protect the public health, safety and welfare from
    19     the short and long term dangers of transportation,
    20     processing, treatment, storage and disposal of municipal
    21     waste.
    22         (4)  Provide a flexible and effective means to implement
    23     and enforce the provisions of this act.
    24         (5)  Utilize, wherever feasible, the capabilities of
    25     private enterprise in accomplishing the desired objectives of
    26     an effective, comprehensive solid waste management plan.
    27         (6)  Establish a recycling fee for municipal waste
    28     landfills and resource recovery facilities to provide grants
    29     for recycling, planning and related purposes.
    30         (7)  Establish a host municipality benefit fee for
    19870S0528B1672                  - 8 -

     1     municipal waste landfills and resource recovery facilities
     2     that are permitted after the effective date of this act and
     3     to provide benefits to host municipalities for the presence
     4     of such facilities.
     5         (8)  Establish a site-specific postclosure fee for
     6     currently operating and future permitted municipal waste
     7     landfills for remedial measures and emergency actions that
     8     are necessary to prevent or abate adverse effects upon the
     9     environment after the closure of such landfills.
    10         (9)  Establish trust funds for municipally operated
    11     landfills to ensure that there are sufficient funds available
    12     for completing the final closure of such landfills under the
    13     Solid Waste Management Act.
    14         (10)  Shift the primary responsibility for developing and
    15     implementing municipal waste management plans from
    16     municipalities to counties.
    17         (11)  Require all public agencies of the Commonwealth to
    18     aid and promote the development of recycling through their
    19     procurement policies for the general welfare and economy of
    20     the Commonwealth.
    21         (12)  Require certain municipalities to implement
    22     recycling programs to return valuable materials to productive
    23     use, to conserve energy and to protect capacity at municipal
    24     waste processing or disposal facilities.
    25         (13)  Implement Article 1, section 27 of the Constitution
    26     of Pennsylvania.
    27     (c)  Declaration of goals.--The General Assembly therefore
    28  declares the following goals:
    29         (1)  At least 25% of all municipal waste generated in
    30     this Commonwealth on and after January 1, 1997, should be
    19870S0528B1672                  - 9 -

     1     recycled.
     2         (2)  The weight or volume of municipal waste generated
     3     per capita in this Commonwealth on January 1, 1997, should,
     4     to the greatest extent practicable, be less than the weight
     5     or volume of municipal waste generated per capita on the
     6     effective date of this act.
     7         (3)  Each person living or working in this Commonwealth
     8     shall be taught the economic, environmental, and energy value
     9     of recycling and waste reduction, and shall be encouraged
    10     through a variety of means to participate in such activities.
    11         (4)  The Commonwealth should, to the greatest extent
    12     practicable, procure and use products and materials with
    13     recycled content, and procure and use materials that are
    14     recyclable.
    15  Section 103.  Definitions.
    16     The following words and phrases when used in this act shall
    17  have the meanings given to them in this section unless the
    18  context clearly indicates otherwise:
    19     "Abatement."  The restoration, reclamation, recovery, etc.,
    20  of a natural resource adversely affected by the activity of a
    21  person.
    22     "Commission."  The Pennsylvania Public Utility Commission and
    23  its authorized representatives.
    24     "Commonwealth agency."  The Commonwealth and its departments,
    25  boards, commissions and agencies, Commonwealth owned
    26  universities, and the State Public School Building Authority,
    27  the State Highway and Bridge Authority, and any other authority
    28  now in existence or hereafter created or organized by the
    29  Commonwealth.
    30     "County."  Includes the City of Philadelphia but not
    19870S0528B1672                 - 10 -

     1  Philadelphia County.
     2     "Department."  The Department of Environmental Resources of
     3  the Commonwealth and its authorized representatives.
     4     "Disposal."  The deposition, injection, dumping, spilling,
     5  leaking or placing of solid waste into or on the land or water
     6  in a manner that the solid waste or a constituent of the solid
     7  waste enters the environment, is emitted into the air or is
     8  discharged to the waters of this Commonwealth.
     9     "Feasibility study."  A study which analyzes a specific
    10  municipal waste processing or disposal system to assess the
    11  likelihood that the system can be successfully implemented,
    12  including, but not limited to, an analysis of the prospective
    13  market, the projected costs and revenues of the system, the
    14  municipal waste-stream that the system will rely upon and
    15  various options available to implement the system.
    16     "Host municipality."  The municipality other than the county
    17  within which a municipal waste landfill or resource recovery
    18  facility is located or is proposed to be located.
    19     "Leaf waste."  Leaves, garden residues, shrubbery and tree
    20  trimmings, and similar material, but not including grass
    21  clippings.
    22     "Local public agency."
    23         (1)  Counties, cities, boroughs, towns, townships, school
    24     districts, and any other authority now in existence or
    25     hereafter created or organized by the Commonwealth.
    26         (2)  All municipal or school or other authorities now in
    27     existence or hereafter created or organized by any county,
    28     city, borough, township or school district or any combination
    29     thereof.
    30         (3)  Any and all other public bodies, authorities,
    19870S0528B1672                 - 11 -

     1     councils of government, officers, agencies or
     2     instrumentalities of the foregoing, whether exercising a
     3     governmental or proprietary function.
     4     "Management."  The entire process, or any part thereof, of
     5  storage, collection, transportation, processing, treatment and
     6  disposal of solid wastes by any person engaging in such process.
     7     "Municipal recycling program."  A source separation and
     8  collection program for recycling municipal waste, or a program
     9  for designated drop-off points or collection centers for
    10  recycling municipal waste, that is operated by or on behalf of a
    11  municipality. The term includes any source separation and
    12  collection program for composting yard waste that is operated by
    13  or on behalf of a municipality. The term shall not include any
    14  program for recycling demolition waste or sludge from sewage
    15  treatment plants or water supply treatment plants.
    16     "Municipal waste."  Any garbage, refuse, industrial lunchroom
    17  or office waste and other material, including solid, liquid,
    18  semisolid or contained gaseous material, resulting from
    19  operation of residential, municipal, commercial or institutional
    20  establishments and from community activities and any sludge not
    21  meeting the definition of residual or hazardous waste in the
    22  Solid Waste Management Act from a municipal, commercial or
    23  institutional water supply treatment plant, waste water
    24  treatment plant or air pollution control facility.
    25     "Municipal waste landfill."  Any facility that is designed,
    26  operated or maintained for the disposal of municipal waste,
    27  whether or not such facility possesses a permit from the
    28  department under the Solid Waste Management Act. The term shall
    29  not include any facility that is used exclusively for disposal
    30  of demolition waste or sludge from sewage treatment plants or
    19870S0528B1672                 - 12 -

     1  water supply treatment plants.
     2     "Municipality."  A county, city, borough, incorporated town,
     3  township or home rule municipality.
     4     "Operator."  A person engaged in solid waste processing or
     5  disposal. Where more than one person is so engaged in a single
     6  operation, all persons shall be deemed jointly and severally
     7  responsible for compliance with the provisions of this act.
     8     "Person."  Any individual, partnership, corporation,
     9  association, institution, cooperative enterprise, municipality,
    10  municipal authority, Federal Government or agency, State
    11  institution or agency (including, but not limited to, the
    12  Department of General Services and the State Public School
    13  Building Authority), or any other legal entity whatsoever which
    14  is recognized by law as the subject of rights and duties. In any
    15  provisions of this act prescribing a fine, imprisonment or
    16  penalty, or any combination of the foregoing, the term "person"
    17  shall include the officers and directors of any corporation or
    18  other legal entity having officers and directors.
    19     "Pollution."  Contamination of any air, water, land or other
    20  natural resources of this Commonwealth that will create or is
    21  likely to create a public nuisance or to render the air, water,
    22  land or other natural resources harmful, detrimental or
    23  injurious to public health, safety or welfare, or to domestic,
    24  municipal, commercial, industrial, agricultural, recreational or
    25  other legitimate beneficial uses, or to livestock, wild animals,
    26  birds, fish or other life.
    27     "Post consumer waste material."  Any product generated by a
    28  business or consumer which has served its intended end use, and
    29  which has been separated from solid waste for the purposes of
    30  collection, recycling, and disposition. The term includes
    19870S0528B1672                 - 13 -

     1  industrial byproducts that would otherwise go to disposal or
     2  processing facilities. The term does not include internally
     3  generated scrap that is commonly returned to industrial or
     4  manufacturing process.
     5     "Processing."  Any technology used for the purpose of
     6  reducing the volume or bulk of municipal waste or any technology
     7  used to convert part or all of such waste materials for offsite
     8  reuse. Processing facilities include, but are not limited to,
     9  transfer facilities, composting facilities and resource recovery
    10  facilities.
    11     "Project development."  Those activities required to be
    12  conducted prior to constructing a processing or disposal
    13  facility that has been shown to be feasible, including, but not
    14  limited to, public input and participation, siting, procurement
    15  and vendor contract negotiations, and market and municipal waste
    16  supply assurance negotiations.
    17     "Public agency."  Any Commonwealth agency or local public
    18  agency.
    19     "Reasonable expansion."  The growth of an existing permitted
    20  landfill to land which is contiguous to the existing landfill
    21  which contiguous land is owned in fee by the owner of the
    22  landfill or which land is subject to an irrevocable option
    23  exercisable within one year in favor of the owner of the
    24  landfill on the date that the plan is submitted and which
    25  contiguous land contains the same geological features which are
    26  present at the existing landfill.
    27     "Recycled content."  Products or materials containing post
    28  consumer waste materials.
    29     "Recycling."  The collection, separation, recovery and sale
    30  or reuse of metals, glass, paper, leaf waste, plastics and other
    19870S0528B1672                 - 14 -

     1  materials which would otherwise be disposed or processed as
     2  municipal waste.
     3     "Remaining available permitted capacity."  The remaining
     4  permitted capacity that is actually available for processing or
     5  disposal to the county or other municipality that generated the
     6  waste.
     7     "Remaining permitted capacity."  The weight or volume of
     8  municipal waste that can be processed or disposed at an existing
     9  municipal waste processing or disposal facility. The term shall
    10  include only weight or volume capacity for which the department
    11  has issued a permit under the Solid Waste Management Act. The
    12  term shall not include any facility that the department
    13  determines, or has determined, has failed and continues to fail
    14  to comply with the provisions of the Solid Waste Management Act,
    15  and the regulations promulgated pursuant thereto, or any permit
    16  conditions.
    17     "Residual waste."  Any garbage, refuse, other discarded
    18  material or other waste, including solid, liquid, semisolid or
    19  contained gaseous materials resulting from industrial, mining
    20  and agricultural operations and any sludge from an industrial,
    21  mining or agricultural water supply treatment facility, waste
    22  water treatment facility or air pollution control facility,
    23  provided that it is not hazardous. The term shall not include
    24  coal refuse as defined in the act of September 24, 1968
    25  (P.L.1040, No.318), known as the Coal Refuse Disposal Control
    26  Act. The term shall not include treatment sludges from coal mine
    27  drainage treatment plants, disposal of which is being carried on
    28  pursuant to and in compliance with a valid permit issued
    29  pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
    30  as The Clean Streams Law.
    19870S0528B1672                 - 15 -

     1     "Resource recovery facility."  A facility that provides for
     2  the extraction and utilization of materials or energy from
     3  municipal waste that is generated off-site, including, but not
     4  limited to, a facility that mechanically extracts materials from
     5  municipal waste, a combustion facility that converts the organic
     6  fraction of municipal waste to usable energy, and any chemical
     7  and biological process that converts municipal waste into a fuel
     8  product or other usable materials. The term also includes any
     9  facility for the combustion of municipal waste that is generated
    10  off-site, whether or not the facility is operated to recover
    11  energy. The term does not include any separation and collection
    12  center, drop-off point or collection center for recycling
    13  municipal waste, or any source separation or collection center
    14  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.
    19870S0528B1672                 - 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.
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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    <--
    19870S0528B1672                 - 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) (1)  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) (2)  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) (3)  May prohibit PETITION THE DEPARTMENT TO LIMIT OR  <--
    12     RESTRICT municipal waste processing or disposal facilities
    13     located within the geographic boundaries of the county from
    14     processing or disposing of municipal waste generated or
    15     produced outside the geographical boundaries of the county if
    16     this processing or disposal would significantly diminish the   <--
    17     CONTRIBUTE TO A SHORTAGE OF processing or disposal capacity    <--
    18     of the facilities. AVAILABLE TO THE COUNTY.                    <--
    19     (b)  Joint planning.--Any two or more counties may adopt and
    20  implement a single municipal waste management plan for the
    21  municipal waste generated within the combined area of the
    22  counties.
    23     (c)  Ordinances and resolutions.--In carrying out its duties
    24  under this section, a county may adopt ordinances, resolutions,
    25  regulations and standards for the processing and disposal of
    26  municipal waste, which shall not be less stringent than, and not
    27  in violation of or inconsistent with, the provisions and
    28  purposes of the Solid Waste Management Act, this act and the
    29  regulations promulgated pursuant thereto.
    30     (d)  Delegation of county responsibility.--A county may enter
    19870S0528B1672                 - 21 -

     1  into a written agreement with another municipality or municipal
     2  authority pursuant to which the person undertakes to fulfill
     3  some or all of the county's responsibilities under this act for
     4  municipal waste planning and implementation of the approved
     5  county plan. Any such person shall be jointly and severally
     6  responsible with the county for municipal waste planning and
     7  implementation of the approved county plan in accordance with
     8  this act and the regulations promulgated pursuant thereto.
     9     (e)  Designated sites.--A county with an approved municipal
    10  waste management plan that was submitted pursuant to section
    11  501(a) or (c) of this act is also authorized to require that all
    12  municipal wastes generated within its boundaries shall be
    13  processed or disposed at a designated processing or disposal
    14  facility that is contained in the approved plan and permitted by
    15  the department under the act of July 7, 1980 (P.L.380, No.97),
    16  known as the Solid Waste Management Act. No county shall direct
    17  municipal waste that would otherwise be recycled to any resource
    18  recovery facility or other facility for purposes other than
    19  recycling such waste. This subsection shall not apply to
    20  municipal waste going to existing or future on-site captive
    21  commercial disposal facilities used for the exclusive disposal
    22  of municipal waste generated by that commercial operation.
    23     (f)  Report.--On or before April 1 of each year, each county
    24  shall submit a report to the department describing:
    25         (1)  Its progress in implementing its department-approved
    26     municipal waste management plan or in developing such a plan.
    27         (2)  The weight or volume of materials that were recycled
    28     by municipal recycling programs in the county in the
    29     preceding calendar year.
    30  Section 304.  Powers and duties of municipalities other than
    19870S0528B1672                 - 22 -

     1                 counties.
     2     (a)  Responsibility of other municipalities.--Each
     3  municipality other than a county shall have the power and its
     4  duty shall be to assure the proper and adequate transportation,
     5  collection and storage of municipal waste which is generated or
     6  present within its boundaries and to adopt and implement
     7  programs for the collection and recycling of municipal waste as
     8  provided in this act.
     9     (b)  Ordinances.--In carrying out its duties under this
    10  section, a municipality other than a county may adopt
    11  resolutions, ordinances, regulations and standards for the
    12  transportation, storage and collection of municipal wastes,
    13  which shall not be less stringent than, and not in violation of
    14  or inconsistent with, the provisions and purposes of the Solid
    15  Waste Management Act, this act and the regulations promulgated
    16  pursuant thereto.
    17     (c)  Contracting of responsibility.--A municipality other
    18  than a county may contract with any municipality, municipal
    19  authority or other persons to carry out its duties for the
    20  transportation, collection and storage of municipal waste, if
    21  the transportation, collection or storage activity or facility
    22  is conducted or operated in a manner that is consistent with the
    23  Solid Waste Management Act, this act and the regulations
    24  promulgated pursuant thereto. Any such person shall be jointly
    25  and severally responsible with the municipality other than a
    26  county when carrying out its duties for transportation,
    27  collection or storage activity or facility.
    28     (d)  Designated sites.--A municipality other than a county
    29  may require by ordinance that all municipal waste generated
    30  within its jurisdiction shall be disposed of at a designated
    19870S0528B1672                 - 23 -

     1  permitted facility. Such ordinance shall remain in effect until
     2  the county in which the municipality is located adopts a waste
     3  flow control ordinance as part of a plan submitted to the
     4  department pursuant to section 501(a) or (c) and approved by the
     5  department. Except as provided in section 502(m), any such
     6  county ordinance shall supersede any such municipal ordinance to
     7  the extent that the municipal ordinance is inconsistent with the
     8  county ordinance.
     9     (e)  Term and renewals of certain contracts.--The governing
    10  body of a municipality other than a county shall have the power
    11  to, and may, enter into contracts having an initial term of five
    12  years with optional renewal periods of up to five years with
    13  persons responsible for the collection or transportation of
    14  municipal waste generated within the municipality. The
    15  limitations imposed on contracts by section 1502(XXVII) of the
    16  act of June 24, 1931 (P.L.1206, No.331), known as The First
    17  Class Township Code, and section 702 (VIII) of the act of May 1,
    18  1933 (P.L.103, No.69), known as The Second Class Township Code,
    19  shall not apply to contracts entered into pursuant to this act.
    20     (f)  Report.--On or before February 15 of each year, each
    21  municipality other than a county that is implementing a
    22  recycling program shall submit a report to the county in which
    23  the municipality is located. The report shall describe the
    24  weight or volume of materials that were recycled by the
    25  municipal recycling program in the preceding calendar year.
    26                             CHAPTER 5
    27                      MUNICIPAL WASTE PLANNING
    28  Section 501.  Schedule for submission of municipal waste
    29                 management plans.
    30     (a)  Submission of plan.--Except as provided in subsections
    19870S0528B1672                 - 24 -

     1  (b) and (c), each county shall submit to the department within
     2  two and one-half years of the effective date of this act an
     3  officially adopted plan for a municipal waste management plan
     4  for municipal waste generated within its boundaries. Such plan
     5  shall be consistent with the requirements of this act.
     6     (b)  Existing plans.--A county that has submitted a complete
     7  municipal waste management plan to the department for approval
     8  on or before 30 days from the effective date of this act, shall
     9  be deemed to have a plan approved pursuant to section 505 if, on
    10  or before the effective date of this act:
    11         (1)  The department has granted technical or preliminary
    12     approval of such plan under 25 Pa. Code §§ 75.11 through
    13     75.13.
    14         (2)  More than one-half of the municipalities within the
    15     county, representing more than one-half of the county's
    16     population as determined by the most recent decennial census
    17     by the United States Bureau of the Census, have adopted
    18     resolutions approving such plan.
    19     (c)  Plan revisions.--Each county with an approved municipal
    20  waste management plan shall submit a revised plan to the
    21  department in accordance with the requirements of this act:
    22         (1)  At least three years prior to the time all remaining
    23     available permitted capacity for the county will be
    24     exhausted.
    25         (2)  For plans approved pursuant to subsection (b),
    26     within two years of the effective date of this act. Such plan
    27     revisions shall be consistent with the requirements of this
    28     chapter except to the extent that the county demonstrates to
    29     the department's satisfaction that irrevocable contracts made
    30     by or pursuant to the approved plan preclude compliance with
    19870S0528B1672                 - 25 -

     1     the requirements of this chapter.
     2         (3)  When otherwise required by the department.
     3     (d)  Procedure for considering plan revisions.--At least 30
     4  days before submitting any proposed plan revision to the
     5  department, the county shall submit a copy of the proposed
     6  revision to the advisory committee established pursuant to
     7  section 503 and to each municipality within the county. All plan
     8  revisions that are determined by the county or by the department
     9  to be substantial shall be subject to the requirements of
    10  sections 503 and 504. The plan revisions required by subsection
    11  (c)(2) shall be considered substantial plan revisions.
    12  Section 502.  Content of municipal waste management plans.
    13     (a)  General rule.--Except as provided in section 501(b),
    14  every plan submitted after the effective date of this act shall
    15  comply with the provisions of this section.
    16     (b)  Description of waste.--The plan shall describe and
    17  explain the origin, content and weight or volume of municipal
    18  waste currently generated within the county's boundaries, and
    19  the origin, content and weight or volume of municipal waste that
    20  will be generated within the county's boundaries during the next
    21  ten years.
    22     (c)  Description of facilities.--The plan shall identify and
    23  describe the facilities where municipal waste is currently being
    24  disposed or processed and the remaining available permitted
    25  capacity of such facilities and the capacity which could be made
    26  available through the reasonable expansion of such facilities.
    27  The plan shall contain an analysis of the effect of current and
    28  planned recycling on waste generated within the county. The plan
    29  shall also explain the extent to which existing facilities will
    30  be used during the life of the plan, and shall not substantially
    19870S0528B1672                 - 26 -

     1  impair the use of their remaining permitted capacity or of
     2  capacity which could be made available through the reasonable
     3  expansion of such facilities. For purposes of this subsection,
     4  existing facilities shall include facilities for which a permit
     5  application under the Solid Waste Management Act is filed with
     6  the department within one year from the effective date of this
     7  act or the date a plan is approved, whichever is the later,
     8  unless such permit application is denied by the department. In
     9  addition, the plan shall give consideration to the potential
    10  expansion of existing municipal waste processing or disposal
    11  facilities located in the county. For the purposes of this
    12  subsection, the department shall determine whether applications
    13  are complete within 90 days of their receipt and, if incomplete,
    14  specify to the applicant all deficiencies of the application.
    15     (d)  Estimated future capacity.--The plan shall estimate the
    16  processing or disposal capacity needed for the municipal waste
    17  that will be generated in the county during the next ten years.
    18  The assessment shall describe the primary variables affecting
    19  this estimate and the extent to which they can reasonably be
    20  expected to affect the estimate, including, but not limited to,
    21  the amount of residual waste disposed or processed at municipal
    22  waste disposal or processing facilities in the county and the
    23  extent to which residual waste may be disposed or processed at
    24  such facilities during the next ten years.
    25     (e)  Description of recyclable waste.--
    26         (1)  The plan shall describe and evaluate:
    27             (i)  The kind and weight or volume of municipal waste
    28         that could be recycled, giving consideration at a minimum
    29         to the following materials: clear glass, colored glass,
    30         aluminum, steel and bimetallic cans, high grade office
    19870S0528B1672                 - 27 -

     1         paper, newsprint, corrugated paper, plastics, leaf waste
     2         and grass clippings.
     3             (ii)  Potential benefits of recycling, including the
     4         potential solid waste reduction and the avoided cost of
     5         municipal waste processing or disposal.
     6             (iii)  Existing materials recovery operations and the
     7         kind and weight or volume of materials recycled by the
     8         operations, whether public or private.
     9             (iv)  The compatibility of recycling with other
    10         municipal waste processing or disposal methods, giving
    11         consideration to and describing anticipated and available
    12         markets for materials collected through municipal
    13         recycling programs.
    14             (v)  Proposed or existing collection methods for
    15         recyclable materials.
    16             (vi)  Options for ensuring the collection of
    17         recyclable materials.
    18             (vii)  Options for the processing, storage and sale
    19         of recyclable materials, including market commitments.
    20         The plan shall consider the results of the market
    21         development study required by section 508, if the results
    22         are available.
    23             (viii)  Options for municipal cooperation or
    24         agreement for the collection, processing and sale of
    25         recyclable materials.
    26             (ix)  A schedule for implementation of the recycling
    27         program.
    28             (x)  Estimated costs of operating and maintaining a
    29         recycling program, estimated revenue from the sale or use
    30         of materials and avoided costs of processing or disposal.
    19870S0528B1672                 - 28 -

     1             (xi)  What consideration for the collection,
     2         marketing and disposition of recyclable materials will be
     3         accorded to persons engaged in the business of recycling
     4         on the effective date of this act, whether or not the
     5         persons are operating for profit.
     6         (2)  Any county containing municipalities that are
     7     required by section 1501 to implement recycling programs
     8     shall take the provisions of that section into account in
     9     preparing the recycling portion of its plan.
    10         (3)  Nothing in this chapter shall be construed or
    11     understood to require preparation of a county municipal waste
    12     management plan prior to developing and implementing any
    13     recycling program required by Chapter 15.
    14     (f)  Financial factors.--The plan shall describe the type,
    15  mix, size, expected cost and proposed methods of financing the
    16  facilities, recycling programs or waste reduction programs that
    17  are proposed for the processing and disposal of the municipal
    18  waste that will be generated within the county's boundaries
    19  during the next ten years. For every proposed facility,
    20  recycling program or waste reduction program, the plan shall
    21  discuss all of the following:
    22         (1)  Explain in detail the reason for selecting such
    23     facility or program.
    24         (2)  Describe alternative facilities or programs,
    25     including, but not limited to, waste reduction, recycling, or
    26     resource recovery facilities or programs, that were
    27     considered.
    28         (3)  Evaluate the environmental, energy, life cycle cost
    29     and economic advantages and disadvantages of the proposed
    30     facility or program as well as the alternatives considered.
    19870S0528B1672                 - 29 -

     1         (4)  Show that adequate provision for existing and
     2     reasonably anticipated future recycling has been made in
     3     designing the size of any proposed facility.
     4         (5)  Set forth a time schedule and program for planning,
     5     design, siting, construction and operation of each proposed
     6     facility or program.
     7     (g)  Location.--The plan shall identify the general location
     8  within a county where each municipal waste processing or
     9  disposal facility and each recycling operation identified in
    10  subsection (f) will be located, and either identify the site of
    11  each facility if the site has already been chosen or explain how
    12  the site will be chosen. For any facility that is proposed to be
    13  located outside the county, the plan shall explain in detail the
    14  reasons for selecting such a facility.
    15     (h)  Implementing entity identification.--The plan shall
    16  identify the governmental entity that will be responsible for
    17  implementing the plan on behalf of the county and describe the
    18  legal basis for that entity's authority to do so.
    19     (i)  Public function.--Where the county determines that it is
    20  in the public interest for municipal waste transportation,
    21  processing and disposal to be a public function, the plan shall
    22  provide for appropriate mechanisms.
    23     (j)  Copies of ordinances and resolutions.--The plan shall
    24  include any proposed ordinances, contracts or requirements that
    25  will be used to insure the operation of any facilities proposed
    26  in the plan. For each ordinance, contract or requirement, the
    27  plan shall identify the areas of the county to be affected, the
    28  expected effective date and the implementing mechanism.
    29     (k)  Orderly extension.--The plan shall provide for the
    30  orderly extension of municipal waste management systems in a
    19870S0528B1672                 - 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     (n)  Other information.--The plan shall include any other
    24  information that the department may require.
    25     (o)  Noninterference with certain resource recovery
    26  facilities and landfills.--
    27         (1)  Except as provided in section 303(a)(4), no county
    28     municipal waste management plan shall interfere with any of
    29     the following:
    30             (i)  The design, construction or operation of any
    19870S0528B1672                 - 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.
    19870S0528B1672                 - 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.
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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 OR BY ANY OTHER METHOD APPROVED BY THE         <--
    19870S0528B1672                 - 40 -

     1  DEPARTMENT. Prior to the approval of any permit application for
     2  a resource recovery facility, the operator shall submit a plan
     3  to the department for the alternate disposal of municipal waste
     4  designated for disposal at the resource recovery 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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
    19870S0528B1672                 - 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     (e)  Transfer.--On the first day of the sixteenth year after
    21  the fee imposed by section 701 becomes effective, all moneys in
    22  the Recycling Fund that are not obligated shall be transferred
    23  to the Solid Waste Abatement Fund and expended in the same
    24  manner as other moneys in the Solid Waste Abatement Fund. On the
    25  first day of the nineteenth year after the fee imposed by
    26  section 701 becomes effective, all moneys in the Recycling Fund
    27  that are not expended shall be transferred to the Solid Waste
    28  Abatement Fund and expended in the same manner as other moneys
    29  in the Solid Waste Abatement Fund.
    30     (f)  Advisory committee.--The secretary shall establish a
    19870S0528B1672                 - 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     (g)  Annual reports.--The department shall submit an annual
    14  report to the General Assembly on receipts to and disbursements
    15  from the Recycling Fund in the previous fiscal year, projections
    16  for revenues and expenditures in the coming fiscal year, and the
    17  Commonwealth's progress in achieving the goals set forth in
    18  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
    19870S0528B1672                 - 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 80% of the approved cost
    27  of establishing a municipal recycling program. The grant under
    28  this section to a municipality not required by section 1501 to
    29  implement a recycling program shall be 80% of the approved cost
    30  of establishing a municipal recycling program. In addition to
    19870S0528B1672                 - 51 -

     1  the grant under this section to a financially distressed
     2  municipality that is required by section 1501 to implement a
     3  recycling program shall be 20% of the approved cost of
     4  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.
    19870S0528B1672                 - 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.--Each municipality, other than a county, which
    12  establishes and implements a mandatory source separation and
    13  collection program for recyclable materials shall be given the
    14  same priority with municipalities subject to the requirements of
    15  section 1501 for grants under this section.
    16  Section 903.  Grants for recycling coordinators.
    17     (a)  Authorization.--The department may award grants for the
    18  salary and expenses of recycling coordinators, upon application
    19  from any county. The application shall be made on a form
    20  prepared and furnished by the department. The application shall
    21  explain the duties and activities of the county recycling
    22  coordinator. If a recycling coordinator has been active prior to
    23  the year for which the grant is sought, the application shall
    24  also explain the coordinator's activities and achievements in
    25  the previous year.
    26     (b)  Limit on grant.--The grant under this section shall not
    27  exceed 50% of the approved cost of the recycling coordinator's
    28  salary and expenses.
    29  Section 904.  General limitations.
    30     (a)  Content of application.--Each grant application under
    19870S0528B1672                 - 53 -

     1  this chapter shall include provisions for an independent
     2  performance audit, which shall be completed within six months
     3  after all reimbursable work under the grant has been completed.
     4     (b)  Monetary limit on grant.--The department may not award
     5  more than 10% of the moneys available under any grant under this
     6  chapter in any fiscal year to any county, including
     7  municipalities within the county.
     8     (c)  Other limitations on grants.--The department may not
     9  award any grant under this chapter to any county or municipality
    10  that has failed to comply with the conditions set forth in
    11  previously awarded grants under this chapter, the requirements
    12  of this chapter, and any regulations promulgated pursuant
    13  thereto.
    14     (d)  Lapse of grant.--A grant offering pursuant to this
    15  chapter shall lapse automatically if funds for the grant are not
    16  encumbered within one year of the offering. To obtain the grant
    17  after an offering has lapsed, the grantee must submit a new
    18  application in a subsequent funding period.
    19     (e)  Lapse of encumbered funds.--Grant funds that have been
    20  encumbered shall lapse automatically to the recycling fund if
    21  the funds are not expended within two years after they have been
    22  encumbered. The department may, upon written request from the
    23  grantee, extend the two-year period for an additional period of
    24  up to three months. To obtain any funds that have lapsed to the
    25  recycling fund, the grantee must submit a new application in a
    26  subsequent funding period.
    27                             CHAPTER 11
    28                    ASSISTANCE TO MUNICIPALITIES
    29  Section 1101.  Information provided to host municipalities.
    30     (a)  Departmental information.--The department will provide
    19870S0528B1672                 - 54 -

     1  all of the following information to the governing body of host
     2  municipalities for municipal waste landfills and resource
     3  recovery facilities:
     4         (1)  Copies of each department inspection report for such
     5     facilities under the Solid Waste Management Act, the act of
     6     June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
     7     Law, the act of January 8, 1960 (1959 P.L.2119, No.787),
     8     known as the Air Pollution Control Act, and the act of
     9     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
    10     and Encroachments Act, within five working days after the
    11     preparation of such reports.
    12         (2)  Prompt notification of all department enforcement or
    13     emergency actions for such facilities, including, but not
    14     limited to, abatement orders, cessation orders, proposed and
    15     final civil penalty assessments, and notices of violation.
    16         (3)  Copies of all air and water quality monitoring data
    17     collected by the department at such facilities, within five
    18     working days after complete laboratory analysis of such data
    19     becomes available to the department.
    20     (b)  Operator information.--Every operator of a municipal
    21  waste landfill or resource recovery facility shall provide to
    22  the host municipality copies of all air and water quality
    23  monitoring data as required by the department for the facility
    24  conducted by or on behalf of the operator, within five days
    25  after such data becomes available to the operator.
    26     (c)  Public information.--All information provided to the
    27  host municipality under this section shall be made available to
    28  the public for review upon request.
    29     (d)  Information to county.--If the host municipality owns or
    30  operates the municipal waste landfill or resource recovery
    19870S0528B1672                 - 55 -

     1  facility, or proposes to own or operate such landfill or
     2  facility, the information required by this section shall be
     3  provided to the county within which the landfill or facility is
     4  located or proposed to be located instead of the host
     5  municipality.
     6  Section 1102.  Joint inspections with host municipalities.
     7     (a)  Training of inspectors.--
     8         (1)  The department shall establish and conduct a
     9     training program to certify host municipality inspectors for
    10     municipal waste landfills and resource recovery facilities.
    11     This program will be available to no more than two persons
    12     who have been designated in writing by the host municipality.
    13     The department shall hold training programs at least twice a
    14     year. The department shall certify host municipality
    15     inspectors upon completion of the training program and
    16     satisfactory performance in an examination administered by
    17     the department.
    18         (2)  Certified municipal inspectors are authorized to
    19     enter property, inspect only those records required by the
    20     department, take samples and conduct inspections. However,
    21     certified municipal inspectors may not issue orders.
    22         (3)  The department is authorized to pay for the host
    23     inspection training program and to pay 50% of the approved
    24     cost of employing a certified host municipality inspector for
    25     a period not to exceed five years.
    26     (b)  Departmental information.--
    27         (1)  Whenever any host municipality presents information
    28     to the department which gives the department reason to
    29     believe that any municipal waste landfill or resource
    30     recovery facility is in violation of any requirement of the
    19870S0528B1672                 - 56 -

     1     act of June 22, 1937 (P.L.1987, No.394), known as The Clean
     2     Streams Law, the act of January 8, 1960 (1959 P.L.2119,
     3     No.787), known as the Air Pollution Control Act, the act of
     4     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
     5     and Encroachments Act, and the Solid Waste Management Act,
     6     any regulation promulgated pursuant thereto, or the condition
     7     of any permit issued pursuant thereto, the department will
     8     promptly conduct an inspection of such facility.
     9         (2)  The department will notify the host municipality of
    10     this inspection and will allow a certified municipal
    11     inspector from the host municipality to accompany the
    12     inspector during the inspection.
    13         (3)  If there is not sufficient information to give the
    14     department reasons to believe that there is a violation, the
    15     department will provide a written explanation to the host
    16     municipality of its decision not to conduct an inspection
    17     within 30 days of the request for inspection.
    18         (4)  Upon written request of a host municipality to the
    19     department, the department will allow a certified inspector
    20     of such municipality to accompany department inspectors on
    21     routine inspections of municipal waste landfills and resource
    22     recovery facilities.
    23     (c)  County involvement.--If the host municipality owns or
    24  operates the municipal waste landfill or resource recovery
    25  facility, the training and inspection requirements of this
    26  section shall be available to the county within which the
    27  landfill or facility is located instead of the host
    28  municipality.
    29  Section 1103.  Water supply testing for contiguous landowners.
    30     (a)  Required water sampling.--Upon written request from
    19870S0528B1672                 - 57 -

     1  persons owning land contiguous to a municipal waste landfill,
     2  the operator of such landfill shall have quarterly sampling and
     3  analysis conducted of private water supplies used by such
     4  persons for drinking water. Such sampling and analysis shall be
     5  conducted by a laboratory certified pursuant to the act of May
     6  1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
     7  Drinking Water Act. The laboratory shall be chosen by the
     8  landowners from a list of regional laboratories supplied by the
     9  department. Sampling and analysis shall be at the expense of the
    10  landfill operator. Upon request the landfill operator shall
    11  provide copies of the analyses to persons operating resource
    12  recovery facilities that dispose of the residue from the
    13  facilities at the landfill.
    14     (b)  Extent of analysis.--Water supplies shall be analyzed
    15  for all parameters or chemical constituents determined by the
    16  department to be indicative of typical contamination from
    17  municipal waste landfills. The laboratory performing such
    18  sampling and analysis shall provide written copies of sample
    19  results to the landowner and to the department.
    20     (c)  Additional sampling required.--If the analysis indicates
    21  possible contamination from a municipal waste landfill, the
    22  department may conduct, or require the landfill operator to have
    23  the laboratory conduct, additional sampling and analysis to
    24  determine more precisely the nature, extent and source of
    25  contamination.
    26     (d)  Written notice of rights.--On or before 60 days from the
    27  effective date of this act for permits issued under the Solid
    28  Waste Management Act prior to the effective date of this act,
    29  and at or before the time of permit issuance for permits issued
    30  under the Solid Waste Management Act after the effective date of
    19870S0528B1672                 - 58 -

     1  this act, the operator of each municipal waste landfill shall
     2  provide contiguous landowners with written notice of their
     3  rights under this section on a form prepared by the department.
     4  Section 1104.  Water supply protection.
     5     (a)  Alternative water supply requirement.--Any person owning
     6  or operating a municipal waste management facility that affects
     7  a public or private water supply by pollution, contamination or
     8  diminution shall restore or replace the affected supply with an
     9  alternate source of water adequate in quantity or quality for
    10  the purposes served by the water supply. If any person shall
    11  fail to comply with this requirement, the department may issue
    12  such orders to the person as are necessary to assure compliance.
    13     (b)  Notification to department.--Any landowner or water
    14  purveyor suffering pollution, contamination or diminution of a
    15  public or private water supply as a result of solid waste
    16  disposal activities at a municipal waste management facility may
    17  so notify the department and request that an investigation be
    18  conducted. Within ten days of such notification, the department
    19  shall begin investigation of any such claims and shall, within
    20  120 days of the notification, make a determination. If the
    21  department finds that the pollution or diminution was caused by
    22  the operation of a municipal waste management facility or if it
    23  presumes the owner or operator of a municipal waste facility
    24  responsible for pollution, contamination or diminution pursuant
    25  to subsection (c), then it shall issue such orders to the owner
    26  or operator as are necessary to insure compliance with
    27  subsection (a).
    28     (c)  Rebuttable presumption.--Unless rebutted by one of the
    29  four defenses established in subsection (d), it shall be
    30  presumed that the owner or operator of a municipal waste
    19870S0528B1672                 - 59 -

     1  landfill is responsible for the pollution, contamination or
     2  diminution of a public or private water supply that is within
     3  one-quarter mile of the perimeter of the area where solid waste
     4  disposal activities have been carried out.
     5     (d)  Defenses.--In order to rebut the presumption of
     6  liability established in subsection (c), the owner or operator
     7  must affirmatively prove by clear and convincing evidence one of
     8  the following four defenses:
     9         (1)  The pollution, contamination or diminution existed
    10     prior to any municipal waste landfill operations on the site
    11     as determined by a preoperation survey.
    12         (2)  The landowner or water purveyor refused to allow the
    13     owner or operator access to conduct a preoperation survey.
    14         (3)  The water supply is not within one-quarter mile of
    15     the perimeter of the area where solid waste disposal
    16     activities have been carried out.
    17         (4)  The owner or operator did not cause the pollution,
    18     contamination or diminution.
    19     (e)  Independent testing.--Any owner or operator electing to
    20  preserve its defenses under subsection (d)(1) or (2) shall
    21  retain the services of an independent certified laboratory to
    22  conduct the preoperation survey of water supplies. A copy of the
    23  results of any survey shall be submitted to the department and
    24  the landowner or water purveyor in a manner prescribed by the
    25  department.
    26     (f)  Other remedies preserved.--Nothing in this act shall
    27  prevent any landowner or water purveyor who claims pollution,
    28  contamination or diminution of a public or private water supply
    29  from seeking any other remedy that may be provided at law or in
    30  equity.
    19870S0528B1672                 - 60 -

     1  Section 1105.  Purchase of cogenerated electricity.
     2     (a)  Request to public utility.--The owner or operator of a
     3  resource recovery facility may request that any public utility
     4  enter into a contract providing for the interconnection of the
     5  facility with the public utility and the purchase of electric
     6  energy, or electric energy and capacity, produced and offered
     7  for sale by the facility. The terms of any such contract shall
     8  be in accordance with the Federal Public Utility Regulatory
     9  Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117) and any
    10  subsequent amendments, and any applicable Federal regulations
    11  promulgated pursuant thereto, and the regulations of the
    12  commission.
    13     (b)  Limited Public Utility Commission review.--A contract
    14  entered into between a resource recovery facility and a public
    15  utility in accordance with subsection (a), shall be subject to a
    16  one-time review and approval by the commission at the time the
    17  contract is entered into, notwithstanding the provisions of 66
    18  Pa.C.S. § 508 (relating to power of the commission to vary,
    19  reform and revise contracts).
    20  Section 1106.  Public Utility Commission.
    21     (a)  Application.--If the owner or operator of a resource
    22  recovery facility and a public utility fail to agree upon the
    23  terms and conditions of a contract for the purchase of electric
    24  energy, or electric energy and capacity, within 90 days of the
    25  request by the facility to negotiate such a contract, or if the
    26  public utility fails to offer a contract, either the owner or
    27  operator of the facility or the public utility may request the
    28  commission to establish the terms and conditions of such a
    29  contract. Such request may be for an informal consultation, a
    30  petition for declaratory order or a formal complaint, as
    19870S0528B1672                 - 61 -

     1  appropriate under the circumstances.
     2     (b)  Commission response.--The commission shall respond to
     3  any such request, unless time limits are waived by the owner or
     4  operator and utility, as follows:
     5         (1)  If the request is for an informal consultation, such
     6     consultation shall be held within 30 days, and commission
     7     staff shall make its recommendation to the parties within 30
     8     days after the last consultation or submittal of last
     9     requested data, whichever is later. Such recommendation may
    10     be oral or written, but shall not be binding on the parties
    11     or commission.
    12         (2)  If the request is in the form of petition for
    13     declaratory order, the petitioner shall comply with the
    14     requirements of 52 Pa. Code § 5.41 et seq. (relating to
    15     petitions) and 52 Pa. Code § 57.39 (relating to informal
    16     consultation and commission proceedings). Within 30 days
    17     after filing such petition, the commission or its staff
    18     assigned to the matter may request that the parties file
    19     legal memoranda addressing any issues raised therein. Within
    20     60 days after filing of such petition or legal memoranda,
    21     whichever is later, the commission shall act to grant or deny
    22     such petition.
    23         (3)  If the request is in the form of a formal complaint,
    24     the case shall proceed in accordance with 66 Pa.C.S. § 101 et
    25     seq. (relating to public utilities). However, the complaint
    26     may be withdrawn at any time, and the matter may proceed as
    27     set forth in paragraph (1) or (2).
    28     (c)  Status as public utility.--A resource recovery facility
    29  shall not be deemed a public utility, as such is defined in 66
    30  Pa.C.S. § 101 et seq., if such facility produces thermal energy
    19870S0528B1672                 - 62 -

     1  for sale to a public utility and/or ten or less retail
     2  customers, all of whom agree to purchase from such facility
     3  under mutually agreed upon terms, or if such facility produces
     4  thermal energy for sale to any number of retail customers, all
     5  of which are located on the same site or site contiguous to that
     6  of the selling facility.
     7     (d)  Effect of section.--The provisions of this section shall
     8  take effect notwithstanding the adoption or failure to adopt any
     9  regulations by the Public Utility Commission regarding the
    10  purchase of electric energy from qualifying facilities, as such
    11  term is defined in section 210 of the Federal Public Utility
    12  Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat.
    13  3117) regulations and commission regulations.
    14  Section 1107.  Claims resulting from pollution occurrences.
    15     (a)   Financial responsibility.--
    16         (1)  Any permit application by a person other than a
    17     municipality or municipal authority under the Solid Waste
    18     Management Act for a municipal waste landfill or resource
    19     recovery facility shall certify that the applicant has in
    20     force, or will, prior to the initiation of operations under
    21     the permit, have in force, financial assurances for
    22     satisfying claims of bodily injury and property damage
    23     resulting from pollution occurrences arising from the
    24     operation of the landfill or facility. Such financial
    25     assurances shall be in place until the effective date of
    26     closure certification under the Solid Waste Management Act
    27     and the regulations promulgated pursuant thereto, unless the
    28     department determines that the landfill or facility may
    29     continue to present a significant risk to the public health,
    30     safety and welfare or the environment.
    19870S0528B1672                 - 63 -

     1         (2)  The form and amount of such financial assurances
     2     shall be specified by the department. The required financial
     3     assurances may include, but are not limited to, the
     4     following:
     5             (i)  A commercial pollution liability insurance
     6         policy.
     7             (ii)  A secured standby trust to become self-insured
     8         that satisfies a financial test established by
     9         regulation.
    10             (iii)  A trust fund financed by the person and
    11         administered by an independent trustee approved by the
    12         department.
    13     (b)  Municipal financial responsibility.--
    14         (1)  Any permit application by a municipality or
    15     municipal authority under the Solid Waste Management Act for
    16     a municipal waste landfill or resource recovery facility
    17     shall certify that the applicant has in force, or will, prior
    18     to the initiation of operations under the permit, have in
    19     force, financial assurances for satisfying claims of bodily
    20     injury and property damage resulting from pollution
    21     occurrences arising from the operation of the landfill or
    22     facility, to the extent that such claims are allowed by 42
    23     Pa.C.S. Ch. 85 Subch. C (relating to actions against local
    24     parties). Such financial assurances shall be in place until
    25     the effective date of closure certification under the Solid
    26     Waste Management Act and the regulations promulgated pursuant
    27     thereto, unless the department determines that the landfill
    28     or facility may continue to present a significant risk to the
    29     public health, safety and welfare or the environment.
    30         (2)  The form and amount of such financial assurances
    19870S0528B1672                 - 64 -

     1     shall be specified by the department. The required financial
     2     assurances may include, but are not limited to, the
     3     following:
     4             (i)  A commercial pollution liability insurance
     5         policy.
     6             (ii)  A trust fund financed by the municipality and
     7         administered by an independent trustee approved by the
     8         department.
     9             (iii)  An insurance pool or self-insurance program
    10         authorized by 42 Pa.C.S. § 8564 (relating to liability
    11         insurance and self-insurance).
    12         (3)  In no case shall the department establish minimum
    13     financial assurance amounts for a municipality that are
    14     greater than the damage limitations established in 42 Pa.C.S.
    15     Ch. 85 Subch. C.
    16     (c)  Liability limited.--A host municipality or county or
    17  municipality within the planning area may not be held liable for
    18  bodily injury or property damage resulting from pollution
    19  occurrences solely by reasons of participation in the
    20  preparation or adoption of a county or municipal solid waste
    21  plan. Nothing herein shall be construed to prevent any host
    22  municipality, county or municipality within the planning area
    23  from obtaining or giving such indemnities as may be appropriate
    24  in connection with the ownership, operation or control of a
    25  municipal solid waste facility.
    26     (d)  Effect on tort claims.--Nothing in this act shall be
    27  construed or understood as in any way modifying or affecting the
    28  provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C.
    29  Section 1108.  Site-specific postclosure fund.
    30     (a)  Establishment by county.--Each county shall establish an
    19870S0528B1672                 - 65 -

     1  interest-bearing trust with an accredited financial institution
     2  for every municipal waste landfill that is operating within its
     3  boundaries. This trust shall be established within 60 days of
     4  the effective date of this act for landfills permitted by the
     5  department prior to the effective date of this act. The trust
     6  shall be established prior to the operation of any landfill
     7  permitted by the department after the effective date of this
     8  act.
     9     (b)  Purpose.--The trust created for any landfill by this
    10  section may be used only for remedial measures and emergency
    11  actions that are necessary to prevent or abate adverse effects
    12  upon the environment after closure of the landfill. However, the
    13  county may withdraw actual costs incurred in establishing and
    14  administering the fund in an amount not to exceed 0.5% of the
    15  moneys deposited in the fund.
    16     (c)  Amount.--Each operator of a municipal waste landfill
    17  shall pay into the trust on a quarterly basis an amount equal to
    18  25¢ per ton of weighed waste or 25¢ per three cubic yards of
    19  volume measured waste for all solid waste received at the
    20  landfill.
    21     (d)  Trustee.--The trustee shall manage the trust in
    22  accordance with all applicable laws and regulations, except that
    23  moneys in the trust shall be invested in a manner that will
    24  allow withdrawals as provided in subsection (f). The trustee
    25  shall be a person whose trust activities are examined and
    26  regulated by a State or Federal agency. The trustee may resign
    27  only after giving 120 days' notice to the department and after
    28  the appointment of a new trustee. The trustee shall have an
    29  office located within the county where the landfill is located.
    30     (e)  Trust agreement.--The provisions of the trust agreement
    19870S0528B1672                 - 66 -

     1  shall be consistent with the requirements of this section and
     2  shall be provided by the operator of the landfill on a form
     3  prepared and approved by the department. The trust agreement
     4  shall be accompanied by a formal certification of
     5  acknowledgment.
     6     (f)  Withdrawal of funds.--The trustee may release moneys
     7  from the trust only upon written request of the operator of a
     8  landfill and upon prior written approval by the department. Such
     9  request shall include the proposed amount and purpose of the
    10  withdrawal and a copy of the department's written approval of
    11  the expenditure. A copy of the request shall be provided to the
    12  county and the host municipality. A copy of any withdrawal
    13  document prepared by the trustee shall be provided to the
    14  department, the county and the host municipality. No withdrawal
    15  from this trust may be made until after the department has
    16  certified closure of the landfill.
    17     (g)  Abandonment of trust.--If the department certifies to
    18  the trustee that the operator of a landfill has abandoned the
    19  operation of the landfill or has failed or refused to comply
    20  with the requirements of the Solid Waste Management Act, the
    21  regulations promulgated pursuant thereto or the terms or
    22  conditions of its permit, in any respect, the trustee shall
    23  forthwith pay the full amount of the trust to the department.
    24  The department may not make such certification unless it has
    25  given 30 days' written notice to the operator, the county, and
    26  the trustee of the department's intent to do so.
    27     (h)  Use of abandoned trust.--The department shall expend all
    28  moneys collected pursuant to subsection (g) for the purposes set
    29  forth in subsection (b). The department may expend money
    30  collected from a trust for a landfill only for that landfill.
    19870S0528B1672                 - 67 -

     1     (i)  Surplus.--Any moneys remaining in a trust subsequent to
     2  final closure of a landfill under the Solid Waste Management Act
     3  and the regulations promulgated pursuant thereto shall, upon
     4  release of the bond by the department, be divided equally
     5  between the county and the host municipality.
     6     (j)  Duty under law.--Nothing in this section shall be
     7  understood or construed to in any way relieve the operator of a
     8  municipal waste landfill of any duty or obligation imposed by
     9  this act, the Solid Waste Management Act any other act
    10  administered by the department, the regulations promulgated
    11  pursuant thereto or the terms or conditions of any permit.
    12     (k)  Other remedies.--The remedies provided to the department
    13  in this section are in addition to any other remedies provided
    14  at law or in equity.
    15     (l)  County not liable.--Nothing in this section shall be
    16  understood or construed as imposing any additional
    17  responsibility or liability upon the county for compliance of a
    18  municipal waste landfill or resource recovery facility with the
    19  requirements of this act, the Solid Waste Management Act and the
    20  regulations promulgated pursuant thereto.
    21  Section 1109.  Trust fund for municipally operated landfills.
    22     (a)  Establishment of trust.--Except as provided in
    23  subsection (b), each municipality or municipal authority
    24  operating a landfill solely for municipal waste not classified
    25  hazardous shall establish an interest-bearing trust with an
    26  accredited financial institution. This trust shall be
    27  established within 60 days of the effective date of this act for
    28  landfills permitted by the department prior to the effective
    29  date of this act. The trust shall be established prior to the
    30  operation of any landfill permitted by the department after the
    19870S0528B1672                 - 68 -

     1  effective date of this act.
     2     (b)  Exemption.--Any municipality or municipal authority that
     3  has posted a bond that is consistent with the provisions of the
     4  Solid Waste Management Act and the regulations promulgated
     5  pursuant thereto shall not be required to establish the trust
     6  set forth in this section.
     7     (c)  Purpose.--The trust created for any landfill by this
     8  section may be used only for completing final closure of the
     9  landfill according to the permit granted by the department under
    10  the Solid Waste Management Act and taking such measures as are
    11  necessary to prevent adverse effects upon the environment. Such
    12  measures include but are not limited to satisfactory monitoring,
    13  postclosure care and remedial measures.
    14     (d)  Amount.--Each municipality or municipal authority
    15  operating a landfill solely for municipal waste not classified
    16  hazardous shall pay into the trust on a quarterly basis an
    17  amount determined by the department for each ton or cubic yard
    18  of solid waste disposed at the landfill. This amount shall be
    19  based on the estimated cost of completing final closure of the
    20  landfill and the weight or volume of waste to be disposed at the
    21  landfill prior to closure.
    22     (e)  Trustee.--The trustee shall manage the trust in
    23  accordance with all applicable laws and regulations, except that
    24  moneys in the trust shall be invested in a manner that will
    25  allow withdrawals as provided in subsection (g). The trustee
    26  shall be a person whose trust activities are examined and
    27  regulated by a State or Federal agency. The trustee may resign
    28  only after giving 120 days' notice to the department and after
    29  the appointment of a new trustee.
    30     (f)  Trust agreement.--The provisions of the trust agreement
    19870S0528B1672                 - 69 -

     1  shall be consistent with the requirements of this section and
     2  shall be provided by the municipality or municipal authority on
     3  a form prepared and approved by the department. The trust
     4  agreement shall be accompanied by a formal certification of
     5  acknowledgment.
     6     (g)  Withdrawal of funds.--The trustee may release moneys
     7  from the trust only upon written request of the municipality or
     8  municipal authority and upon prior written approval by the
     9  department. Such request shall include the proposed amount and
    10  purpose of the withdrawal and a copy of the department's written
    11  approval of the expenditure. A copy of the request shall be
    12  provided to the host municipality. A copy of any withdrawal
    13  document prepared by the trustee shall be provided to the
    14  department and to the host municipality. No withdrawal from this
    15  trust may be made until after closure of the landfill.
    16     (h)  Abandonment of trust.--If the department certifies to
    17  the trustee that the municipality or municipal authority has
    18  abandoned the operation of the landfill or has failed or refused
    19  to comply with the requirements of the Solid Waste Management
    20  Act or the regulations promulgated pursuant thereto in any
    21  respect, the trustee shall forthwith pay the full amount of the
    22  trust to the department. The department may not make such
    23  certification unless it has given 30 days' written notice to the
    24  municipality or municipal authority and the trustee of the
    25  department's intent to do so.
    26     (i)  Use of abandoned trust.--The department shall expend all
    27  moneys collected pursuant to subsection (h) for the purposes set
    28  forth in subsection (c). The department may expend money
    29  collected from a trust for a landfill only for that landfill.
    30     (j)  Surplus.--Except for trusts that have been abandoned as
    19870S0528B1672                 - 70 -

     1  provided in subsection (h), any moneys remaining in a trust
     2  subsequent to final closure of a landfill under the Solid Waste
     3  Management Act and the regulations promulgated pursuant thereto
     4  shall, upon certification of final closure by the department, be
     5  returned to the municipality or municipal authority.
     6     (k)  Duty under law.--Nothing in this section shall be
     7  understood or construed to in any way relieve the municipality
     8  or municipal authority of any duty or obligation imposed by this
     9  act, the Solid Waste Management Act, any other act administered
    10  by the department, the regulations promulgated pursuant thereto,
    11  or the terms or conditions of any permit.
    12     (l)  Other remedies.--The remedies provided to the department
    13  in this section are in addition to any other remedies provided
    14  at law or in equity.
    15  Section 1110.  Independent evaluation of permit applications.
    16     At the request of a host municipality, the department may
    17  reimburse a host municipality for costs incurred for an
    18  independent permit application review, by a professional
    19  engineer who is licensed in this Commonwealth and who has
    20  previous experience in preparing such permit applications, of an
    21  application under the act of July 7, 1980 (P.L.380, No.97),
    22  known as the Solid Waste Management Act, for a new municipal
    23  waste landfill or resource recovery facility or that would
    24  result in additional capacity for a municipal waste landfill or
    25  resource recovery facility. Reimbursement shall not exceed
    26  $10,000 per complete application.
    27  Section 1111.  Protection of capacity.
    28     (a)  New permits.--A permit issued by the department under
    29  the act of July 7, 1980 (P.L.380, No.97), known as the Solid
    30  Waste Management Act, for a new municipal waste landfill or
    19870S0528B1672                 - 71 -

     1  resource recovery facility or that results in additional
     2  capacity for a municipal waste landfill or resource recovery
     3  facility shall include a permit condition setting forth the
     4  weight or volume of municipal waste generated within the host
     5  county that the operator shall allow to be delivered for
     6  disposal or processing at the facility for a specified period.
     7     (b)  Existing permits.--Within six months after the effective
     8  date of this act, the department shall modify each municipal
     9  waste landfill and resource recovery facility permit issued
    10  under the Solid Waste Management Act before the effective date
    11  of this act. The permit modification shall consist of a permit
    12  condition setting forth the weight or volume of municipal waste
    13  generated within the host county that the operator shall allow
    14  to be delivered to the facility for disposal or processing at
    15  the facility for a specified period.
    16     (c)  Department.--The department may take any action
    17  authorized by statute that the department deems necessary to
    18  ensure that operators of municipal waste landfills and resource
    19  recovery facilities give priority to the disposal or processing
    20  of municipal waste generated within the host county.
    21                             CHAPTER 13
    22                   HOST MUNICIPALITY BENEFIT FEE
    23  Section 1301.  Host municipality benefit fee.
    24     (a)  Imposition.--There is imposed a host municipality
    25  benefit fee upon the operator of each municipal waste landfill
    26  or resource recovery facility that receives a new permit or
    27  permit that results in additional capacity from the department
    28  under the Solid Waste Management Act after the effective date of
    29  this act. The fee shall be paid to the host municipality. If the
    30  host municipality owns or operates the landfill or facility, the
    19870S0528B1672                 - 72 -

     1  fee shall not be imposed for waste generated within such
     2  municipality. If the landfill or facility is located within more
     3  than one host municipality, the fee shall be apportioned among
     4  them according to the percentage of the permitted area located
     5  in each municipality.
     6     (b)  Amount.--The fee is $1 per ton of weighed solid waste or
     7  $1 per three cubic yards of volume-measured solid waste for all
     8  solid waste received at a landfill or facility.
     9     (c)  Municipal options.--Nothing in this section or section
    10  1302 shall prevent a host municipality from receiving a higher
    11  fee or receiving the fee in a different form or at different
    12  times than provided in this section and section 1302, if the
    13  host municipality and the operator of the municipal waste
    14  landfill or resource recovery facility agree in writing.
    15  Section 1302.  Form and timing of host municipality benefit fee
    16                 payment.
    17     (a)  Quarterly payment.--Each operator subject to section
    18  1301 shall make the host municipality benefit fee payment
    19  quarterly. The fee shall be paid on or before the twentieth day
    20  of April, July, October and January for the three months ending
    21  the last day of March, June, September and December.
    22     (b)  Quarterly reports.--Each host municipality benefit fee
    23  payment shall be accompanied by a form prepared and furnished by
    24  the department and completed by the operator. The form shall
    25  state the weight or volume of solid waste received by the
    26  landfill or facility during the payment period and provide any
    27  other information deemed necessary by the department to carry
    28  out the purposes of the act. The form shall be signed by the
    29  operator. A copy of the form shall be sent to the department at
    30  the same time that the fee and form are sent to the host
    19870S0528B1672                 - 73 -

     1  municipality.
     2     (c)  Timeliness of payment.--An operator shall be deemed to
     3  have made a timely payment of the host municipality benefit fee
     4  if all of the following are met:
     5         (1)  The enclosed payment is for the full amount owed
     6     pursuant to this section, and no further host municipality
     7     action 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 host municipality is postmarked by the United States
    12     Postal Service on or prior to the final day on which the
    13     payment is to be received.
    14     (d)  Discount.--Any operator that makes a timely payment of
    15  the host municipality benefit fee as provided in this section
    16  shall be entitled to credit and apply against the fee payable by
    17  him a discount of 1% of the amount of the fee collected by him.
    18     (e)  Alternative proof.--For purposes of this section,
    19  presentation of a receipt indicating that the payment was mailed
    20  by registered or certified mail on or before the due date shall
    21  be evidence of timely payment.
    22  Section 1303.  Collection and enforcement of fee.
    23     (a)  Interest.--If an operator fails to make a timely payment
    24  of the host municipality benefit fee, the operator shall pay
    25  interest on the unpaid amount due at the rate established
    26  pursuant section 806 of the act of April 9, 1929 (P.L.343,
    27  No.176), known as The Fiscal Code, from the last day for timely
    28  payment to the date paid.
    29     (b)  Additional penalty.--In addition to the interest
    30  provided in subsection (a), if an operator fails to make timely
    19870S0528B1672                 - 74 -

     1  payment of the host municipality benefit fee, there shall be
     2  added to the amount of fee actually due 5% of the amount of such
     3  fee, if the failure to file a timely payment is for not more
     4  than one month, with an additional 5% for each additional month,
     5  or fraction thereof, during which such failure continues, not
     6  exceeding 25% in the aggregate.
     7     (c)  Assessment notices.--If the host municipality determines
     8  that any operator of a municipal waste landfill or resource
     9  recovery facility has not made a timely payment of the host
    10  municipality benefit fee, it will send a written notice for the
    11  amount of the deficiency to such operator within 30 days from
    12  the date of determining such deficiency. When the operator has
    13  not provided a complete and accurate statement of the weight or
    14  volume of solid waste received at the landfill or facility for
    15  the payment period, the host municipality may estimate the
    16  weight or volume in its deficiency notice.
    17     (d)  Constructive trust.--All host municipality benefit fees
    18  collected by an operator and held by such operator prior to
    19  payment to the host municipality shall constitute a trust fund
    20  for the host municipality, and such trust shall be enforceable
    21  against such operator, its representatives and any person
    22  receiving any part of such fund without consideration or with
    23  knowledge that the operator is committing a breach of the trust.
    24  However, any person receiving payment of lawful obligation of
    25  the operator from such fund shall be presumed to have received
    26  the same in good faith and without any knowledge of the breach
    27  of trust.
    28     (e)  Manner of collection.--The amount due and owing under
    29  section 1301 shall be collectible by the host municipality in
    30  the manner provided in section 1709.
    19870S0528B1672                 - 75 -

     1     (f)  Remedies cumulative.--The remedies provided to host
     2  municipalities in this section are in addition to any other
     3  remedies provided at law or in equity.
     4  Section 1304.  Records.
     5     Each operator that is required to pay the Host Municipality
     6  Benefit Fee shall keep daily records of all deliveries of solid
     7  waste to the landfill or facility, as required by the host
     8  municipality, including, but not limited to, the name and
     9  address of the hauler, the source of the waste, the kind of
    10  waste received and the weight or volume of the waste. Such
    11  records shall be maintained in Pennsylvania by the operator for
    12  no less than five years and shall be made available to the host
    13  municipality for inspection upon request.
    14  Section 1305.  Surcharge.
    15     The provisions of any law to the contrary notwithstanding,
    16  the operator of any municipal waste landfill or resource
    17  recovery facility subject to section 1301 may collect the host
    18  municipality benefit fee as a surcharge on any fee schedule
    19  established pursuant to law, ordinance, resolution or contract
    20  for solid waste disposal or processing operations at the
    21  landfill or facility. In addition, any person who collects or
    22  transports solid waste subject to the host municipality benefit
    23  fee to a municipal waste landfill or resource recovery facility
    24  subject to section 1301 may impose a surcharge on any fee
    25  schedule established pursuant to law, ordinance, resolution or
    26  contract for the collection or transportation of solid waste to
    27  the landfill or facility. The surcharge shall be equal to the
    28  increase in processing or disposal fees at the landfill or
    29  facility attributable to the host municipality benefit fee.
    30  However, interest and penalties on the fee under section 1303(a)
    19870S0528B1672                 - 76 -

     1  and (b) may not be collected as a surcharge.
     2                             CHAPTER 15
     3                   RECYCLING AND WASTE REDUCTION
     4  Section 1501.  Municipal implementation of recycling programs.
     5     (a)  Large population.--Within two years after the effective
     6  date of this act, each municipality other than a county that has
     7  a population of 10,000 or more people shall establish and
     8  implement a source separation and collection program for
     9  recyclable materials in accordance with this section. Population
    10  shall be determined by the most recent decennial census by the
    11  Bureau of the Census of the United States Department of
    12  Commerce.
    13     (b)  Small population.--Within three years after the
    14  effective date of this act, each municipality other than a
    15  county that has a population of more than 5,000 people but less
    16  than 10,000 people, and which has a population density of more
    17  than 300 people per square mile, shall establish and implement a
    18  source separation and collection program for recyclable
    19  materials in accordance with this section. Population shall be
    20  determined based on the most recent decennial census by the
    21  Bureau of the Census of the United States Department of
    22  Commerce.
    23     (c)  Contents.--The source separation and collection program
    24  shall include, at a minimum, the following elements:
    25         (1)  An ordinance or regulation adopted by the governing
    26     body of the county or municipality, requiring all of the
    27     following:
    28             (i)  Persons to separate at least three materials
    29         deemed appropriate by the municipality from other
    30         municipal waste generated at their homes, apartments and
    19870S0528B1672                 - 77 -

     1         other residential establishments and to store such
     2         material until collection. The three materials shall be
     3         chosen from the following: clear glass, colored glass,
     4         aluminum, steel and bimetallic cans, high-grade office
     5         paper, newsprint, corrugated paper and plastics.
     6             (ii)  Persons to separate leaf waste from other
     7         municipal waste generated at their homes, apartments and
     8         other residential establishments until collection unless
     9         those persons have otherwise provided for the composting
    10         of leaf waste.
    11             (iii)  Persons to separate high grade office paper,
    12         aluminum, corrugated paper and leaf waste and other
    13         material deemed appropriate by the municipality generated
    14         at commercial, municipal or institutional establishments
    15         and from community activities and to store the material
    16         until collection. The governing body of a municipality
    17         shall exempt persons occupying commercial, institutional
    18         and municipal premises within its municipal boundaries
    19         from the source-separation requirements of the ordinance
    20         or regulation if those persons have otherwise provided
    21         for the recycling of materials they are required by this
    22         section to recycle. To be eligible for an exemption under
    23         this subparagraph, a commercial or institutional solid
    24         waste generator must annually provide written
    25         documentation to the municipality of the total number of
    26         tons recycled.
    27         (2)  A scheduled day, at least once per month, during
    28     which separated materials are to be placed at the curbside or
    29     a similar location for collection.
    30         (3)  A system, including trucks and related equipment,
    19870S0528B1672                 - 78 -

     1     that collects recyclable materials from the curbside or
     2     similar locations at least once per month from each residence
     3     or other person generating municipal waste in the county or
     4     municipality.
     5         (4)  Provisions to ensure compliance with the ordinance,
     6     including incentives and penalties.
     7         (5)  Provisions for the recycling of collected materials.
     8     (d)  Notice.--Each municipality subject to this section
     9  shall, at least 30 days prior to the initiation of the recycling
    10  program and at least once every six months thereafter, notify
    11  all persons occupying residential, commercial, institutional and
    12  municipal premises within its boundaries of the requirements of
    13  the ordinance. The governing body of a municipality may, in its
    14  discretion as it deems necessary and appropriate, place an
    15  advertisement in a newspaper circulating in the municipality,
    16  post a notice in public places where public notices are
    17  customarily posted, including a notice with other official
    18  notifications periodically mailed to residential taxpayers or
    19  utilize any combination of the foregoing.
    20     (e)  Agreements.--A municipality may enter into a written
    21  agreement with other persons, including persons transporting
    22  municipal waste on the effective date of this act, pursuant to
    23  which the persons undertake to fulfill some or all of the
    24  municipality's responsibilities under this section. A person who
    25  enters an agreement under this subsection shall be responsible
    26  with the municipality for implementation of this section.
    27     (f)  Preference.--In implementing its recycling program, a
    28  municipality shall accord consideration for the collection,
    29  marketing and disposition of recyclable materials to persons
    30  engaged in the business of recycling on the effective date of
    19870S0528B1672                 - 79 -

     1  this act, whether or not the persons were operating for profit.
     2  Section 1502.  Facilities operation and recycling.
     3     (a)  Leaf waste.--Two years after the effective date of this
     4  act, no municipal waste landfill may accept for disposal, and no
     5  resource recovery facility may accept for processing, other than
     6  composting, truckloads composed primarily of leaf waste.
     7     (b)  Drop-off centers.--
     8         (1)  Two years after the effective date of this act, no
     9     person may operate a municipal waste landfill, resource
    10     recovery facility or transfer station unless the operator has
    11     established at least one drop-off center for the collection
    12     and sale of recyclable material, including, at a minimum,
    13     clear glass, aluminum, high grade office paper and cardboard.
    14     The center must be located at the facility or in a place that
    15     is easily accessible to persons generating municipal waste
    16     that is processed or disposed at the facility. Each drop-off
    17     center must contain bins or containers where recyclable
    18     materials may be placed and temporarily stored. If the
    19     operation of the drop-off center requires attendants, the
    20     center shall be open at least eight hours per week, including
    21     four hours during evenings or weekends.
    22         (2)  Each operator shall, at least 30 days prior to the
    23     initiation of the drop-off center program and at least once
    24     every six months thereafter, notify all persons generating
    25     municipal waste that is processed or disposed at the
    26     facility. The operator shall place an advertisement in a
    27     newspaper circulating in the municipality or provide notice
    28     in another manner approved by the department.
    29  Section 1503.  Commonwealth recycling and waste reduction.
    30     (a)  Recycling.--Within two years after the effective date of
    19870S0528B1672                 - 80 -

     1  this act, each Commonwealth agency, in coordination with the
     2  Department of General Services, shall establish and implement a
     3  source separation and collection program for recyclable
     4  materials produced as a result of agency operations, including,
     5  at a minimum, aluminum, high grade office paper and corrugated
     6  paper. The source separation and collection program shall
     7  include, at a minimum, procedures for collecting and storing
     8  recyclable materials, bins or containers for storing materials,
     9  and contractual or other arrangements with buyers.
    10     (b)  Waste reduction.--Within two years after the effective
    11  date of this act, each Commonwealth agency, in coordination with
    12  the department of General Services, shall establish and
    13  implement a waste reduction program for materials used in the
    14  course of agency operations. The program shall be designed and
    15  implemented to achieve the maximum feasible reduction of waste
    16  generated as a result of agency operations.
    17     (c)  Use of composted materials.--All Commonwealth agencies
    18  responsible for the maintenance of public lands in this
    19  Commonwealth shall, to the maximum extent practicable and
    20  feasible, give due consideration and preference to the use of
    21  compost materials in all land maintenance activities which are
    22  to be paid with public funds.
    23  Section 1504.  Procurement by Department of General Services.
    24     (a)  Review of policies.--
    25         (1)  The Department of General Services shall review and
    26     revise its existing procurement procedures and specifications
    27     for the purchase of products and materials to eliminate
    28     procedures and specifications that explicitly discriminate
    29     against products and materials with recycled content. The
    30     Department of General Services shall review and revise its
    19870S0528B1672                 - 81 -

     1     procedures and specifications on a continuing basis to
     2     encourage the use of products and materials with recycled
     3     content and shall, in developing new procedures and
     4     specification, encourage the use of products and materials
     5     with recycled content.
     6         (2)  The Department of General Services shall review and
     7     revise its procurement procedures and specifications for the
     8     purchase of products and materials to ensure, to the maximum
     9     extent economically feasible, that the Department of General
    10     Services purchases products or materials that may be recycled
    11     or reused when these products are discarded. The Department
    12     of General Services shall complete an initial review and
    13     revision within one year from the effective date of this act.
    14     The Department of General Services shall review and revise
    15     its procedures and specifications on a continuing basis to
    16     encourage the use of products and materials that may be
    17     recycled or reused and shall, in developing new procedures
    18     and specifications, encourage the use of products and
    19     materials that may be recycled or reused.
    20     (b)  Bidding.--
    21         (1)  A person who submits a bid to the Department of
    22     General Services for a contract that includes the purchase of
    23     products or materials shall certify, in writing, either the
    24     percentage by weight of recycled content in the product that
    25     is the subject of the bid or such other measure of recycled
    26     content as may be set forth in the Department of General
    27     Services' invitation for bids. A person may certify that the
    28     products or materials contain no recycled content.
    29         (2)  The Department of General Services shall, in issuing
    30     an invitation for bids, require that all bidders who seek to
    19870S0528B1672                 - 82 -

     1     qualify for the preference set forth in subsection (c)
     2     certify that the products or materials that are the subject
     3     of the bid contain a minimum percentage of recycled content
     4     that is set forth in the invitation for bids.
     5     (c)  Award of contracts.--Upon evaluation of bids opened for
     6  every public contract by the Department of General Services that
     7  includes the purchase of products or materials, the Department
     8  of General Services shall identify the lowest responsible bidder
     9  and any other responsible bidders whose prices exceed that of
    10  the lowest responsible bidder by 5% or less who have certified
    11  that the products or materials contain at least the minimum
    12  percentage of recycled content that is set forth in the
    13  Department of General Services' invitation for bids. If no
    14  bidders offer products or materials with the minimum prescribed
    15  recycled content, the Department of General Services shall award
    16  the contract to the lowest responsible bidder. This subsection
    17  does not apply to products and materials used in highway and
    18  bridge maintenance.
    19     (d)  Rulemaking.--The Department of General Services may
    20  adopt regulations as it deems necessary to carry out the
    21  provisions and purposes of this section.
    22     (e)  Cooperation.--All Commonwealth agencies shall cooperate
    23  with the Department of General Services in carrying out this
    24  section.
    25     (f)  Annual report.--The Department of General Services shall
    26  submit an annual report to the General Assembly concerning its
    27  implementation of this section. This report shall include a
    28  description of what actions the Department of General Services
    29  has taken in the previous year to implement this section. This
    30  report shall be submitted on or before the anniversary of the
    19870S0528B1672                 - 83 -

     1  effective date of this act.
     2     (g)  Partial repeal.--Sections 2403(b), (c) and 2409(h) of
     3  the act of April 9, 1929 (P.L.177, No.175), known as The
     4  Administrative Code of 1929, are repealed to the extent that
     5  they are inconsistent with subsection (c).
     6  Section 1505.  Procurement by Department of Transportation.
     7     (a)  Review of policies.--
     8         (1)  The Department of Transportation shall review and
     9     revise its existing procurement procedures and specifications
    10     for the purchase of products and materials to eliminate
    11     procedures and specifications that explicitly discriminate
    12     against products and materials with recycled content and to
    13     encourage the use of products and materials with recycled
    14     content. The Department of Transportation shall complete an
    15     initial review and revision within one year of the effective
    16     date of this act. The Department of Transportation shall
    17     review and revise its procedures and specifications on a
    18     continuing basis to encourage the use of products and
    19     materials with recycled content and shall, in developing new
    20     procedures and specifications, encourage the use of products
    21     and materials with recycled content.
    22         (2)  The Department of Transportation shall review and
    23     revise its procurement procedures and specifications for the
    24     purchase of products and materials to ensure, to the maximum
    25     extent economically feasible, that the Department of
    26     Transportation purchases products or materials that may be
    27     recycled or reused when these products or materials are
    28     discarded. The Department of Transportation shall complete an
    29     initial review and revision within one year of the effective
    30     date of this act. The Department of Transportation shall
    19870S0528B1672                 - 84 -

     1     review and revise its procedures and specifications on a
     2     continuing basis to encourage the use of products and
     3     materials that may be recycled or reused and shall, in
     4     developing new procedures and specifications, encourage the
     5     use of products and materials that may be recycled or reused.
     6     (b)  Rulemaking.--The Department of Transportation may adopt
     7  regulations as it deems necessary to carry out the provisions
     8  and purposes of this section.
     9     (c)  Cooperation.--All Commonwealth agencies shall cooperate
    10  with the Department of Transportation in carrying out this
    11  section.
    12     (d)  Testing.--A person who believes that a particular
    13  constituent of solid waste or any product or material with
    14  recycled content may be beneficially used in lieu of another
    15  product or material in the Commonwealth's transportation system
    16  may request the Department of Transportation to evaluate that
    17  constituent, product or material. The Department of
    18  Transportation, in consultation with the department, shall
    19  conduct a preliminary review of each proposal to identify which
    20  proposals merit an evaluation. If the Department of
    21  Transportation finds, after an evaluation, that the constituent,
    22  product or material may be beneficially used, it shall amend its
    23  procedures and specifications to allow the use of the
    24  constituent product or material.
    25     (e)  Grants.--The Department of Transportation may award
    26  research and demonstration grants concerning the potential
    27  beneficial use of a particular constituent of solid waste, or
    28  any product or material with recycled content, in lieu of
    29  another product or material in the Commonwealth's transportation
    30  system. The application shall be made on a form prepared and
    19870S0528B1672                 - 85 -

     1  furnished by the Department of Transportation and shall contain
     2  the information the Department of Transportation deems
     3  necessary.
     4     (f)  Annual report.--The Department of Transportation shall
     5  submit an annual report to the General Assembly concerning its
     6  implementation of this section. This report shall include a
     7  description of what actions the Department of Transportation has
     8  taken in the previous year to implement this section. This
     9  report shall be submitted on or before the anniversary of the
    10  effective date of this act.
    11  Section 1506.  Procurement options for local public agencies and
    12                 certain Commonwealth agencies.
    13     (a)  General rule.--This section sets forth procurement
    14  options for local public agencies. These procurement options are
    15  also available to Commonwealth agencies for which materials are
    16  not purchased by the Department of General Services or the
    17  Department of Transportation. Nothing in this act shall be
    18  construed to require the agencies to exercise the options set
    19  forth in this section.
    20     (b)  Procedural options.--Each public agency subject to this
    21  section may, at is discretion, do any of the following:
    22         (1)  Review and revise its procurement procedures and
    23     specifications for purchases of paper, lubricating oil, tires
    24     and other products or materials to eliminate procedures and
    25     specifications that discriminate against recycled products or
    26     materials.
    27         (2)  Review and revise its procurement procedures and
    28     specifications for purchases of paper, lubricating oil, tires
    29     and other products or materials to ensure, to the maximum
    30     extent economically feasible, that the agency purchases
    19870S0528B1672                 - 86 -

     1     products or materials that may be recycled or reused when
     2     these products are discarded.
     3         (3)  Require that a person who submits a bid to the
     4     agency for a contract for purchase products or materials for
     5     use by or on behalf of the agency certify, in writing, either
     6     the percentage by weight of recycled content in the product
     7     or material that is the subject of the bid, or such other
     8     measure of recycled content as may be set forth in the
     9     agency's invitation for bids.
    10         (4)  Establish specifications for bids for public
    11     contracts that require all bidders to propose that a stated
    12     minimum percentage of products or materials to be used for
    13     the contract be made from recycled material.
    14     (c)  Contract options.--Each public agency that is subject to
    15  this section may, at its discretion, award contracts according
    16  to one of the following methods, when the method is set forth in
    17  the invitation for bids:
    18         (1)  Upon evaluation of bids opened for a public contract
    19     by a public agency for the purchase of products or materials,
    20     the public agency shall identify the lowest responsible
    21     bidder and any other responsible bidders whose prices exceed
    22     that of the lowest responsible bidder by a preference
    23     percentage to be set forth in the invitation for bids, but
    24     not more than 5% of the bid amount. If no bidders offer
    25     products or materials with the minimum prescribed recycled
    26     content, the agency shall award the contract to the lowest
    27     responsible bidder.
    28         (2)  Upon evaluation of bids opened for a public
    29     contract, the agency shall identify the lowest responsible
    30     bidder. Where there is a tie for lowest responsible bidder,
    19870S0528B1672                 - 87 -

     1     the agency in determining to whom to award the contract shall
     2     consider, as one factor in its determination, which of the
     3     bids provides for the greatest weight of recycled material in
     4     the product or products to be purchased, or for the best
     5     measure of recycled content other than weight as may be set
     6     forth in the invitation for bids.
     7     (d)  Other laws.--The options set forth in this section may
     8  be exercised, notwithstanding any other provision of law to the
     9  contrary.
    10  Section 1507.  Recycling at educational institutions.
    11     The department, in consultation with the Department of
    12  Education, shall develop guidelines for source separation and
    13  collection of recyclable materials and for waste reduction in
    14  primary and secondary schools, colleges and universities,
    15  whether the schools, colleges and universities are public or
    16  nonpublic. At a minimum, the guidelines shall address generated
    17  in administrative offices, classrooms, dormitories and
    18  cafeterias. The Department of Education shall distribute these
    19  guidelines and encourage their implementation. The guidelines
    20  shall be developed and distributed within two years of the
    21  effective date of this act, except that the guidelines are not
    22  required to be distributed to educational institutions that are
    23  Commonwealth agencies implementing recycling programs under
    24  section 1505.
    25                             CHAPTER 17
    26                      ENFORCEMENT AND REMEDIES
    27  Section 1701.  Unlawful conduct.
    28     (a)  Offenses defined.--It shall be unlawful for any person
    29  to:
    30         (1)  Violate, or cause or assist in the violation of, any
    19870S0528B1672                 - 88 -

     1     provision of this act, any regulation promulgated hereunder,
     2     any order issued hereunder, or the terms or conditions of any
     3     municipal waste management plan approved by the department
     4     under this act.
     5         (2)  Fail to adhere to the schedule set forth in, or
     6     pursuant to, this act for developing or submitting to the
     7     department a municipal waste management plan.
     8         (3)  Fail to adhere to the schedule set forth in an
     9     approved plan for planning, design, siting, construction or
    10     operation of municipal waste processing or disposal
    11     facilities.
    12         (4)  Act in a manner that is contrary to the approved
    13     county plan or otherwise fail to act in a manner that is
    14     consistent with the approved county plan.
    15         (5)  Fail to make a timely payment of the recycling fee
    16     or host municipality benefit fee.
    17         (6)  Hinder, obstruct, prevent or interfere with the
    18     department or its personnel in the performance of any duty
    19     under this act.
    20         (7)  Hinder, obstruct, prevent or interfere with host
    21     municipalities or their personnel in the performance of any
    22     duty related to the collection of the host municipality
    23     benefit fee or in conducting any inspection authorized by
    24     this act.
    25         (8)  Violate the provisions of 18 Pa.C.S. § 4903
    26     (relating to false swearing) or 4904 (relating to unsworn
    27     falsification to authorities) in complying with any provision
    28     of this act, including, but not limited to, providing or
    29     preparing any information required by this act.
    30         (9)  Fail to make any payment to the site-specific
    19870S0528B1672                 - 89 -

     1     postclosure fund or the trust fund for municipally operated
     2     landfills in accordance with the provisions of this act.
     3     (b)  Public nuisance.--All unlawful conduct set forth in
     4  subsection (a) shall also constitute a public nuisance.
     5  Section 1702.  Enforcement orders.
     6     (a)  Issuance.--The department may issue such orders to
     7  persons as it deems necessary to aid in the enforcement of the
     8  provisions of this act. Such orders may include, but shall not
     9  be limited to, orders requiring persons to comply with approved
    10  municipal waste management plans and orders requiring compliance
    11  with the provisions of this act and the regulations promulgated
    12  pursuant thereto. Any order issued under this act shall take
    13  effect upon notice, unless the order specifies otherwise. An
    14  appeal to the Environmental Hearing Board shall not act as a
    15  supersedeas. The power of the department to issue an order under
    16  this act is in addition to any other remedy which may be
    17  afforded to the department pursuant to this act or any other
    18  act.
    19     (b)  Compliance.--It shall be the duty of any person to
    20  proceed diligently to comply with any order issued pursuant to
    21  subsection (a). If such person fails to proceed diligently or
    22  fails to comply with the order within such time, if any, as may
    23  be specified, such person shall be guilty of contempt and shall
    24  be punished by the court in an appropriate manner, and for this
    25  purpose, application may be made by the department to the
    26  Commonwealth Court, which is hereby granted jurisdiction.
    27  Section 1703.  Restraining violations.
    28     (a)  Injunctions.--In addition to any other remedies provided
    29  in this act, the department may institute a suit in equity in
    30  the name of the Commonwealth where unlawful conduct or public
    19870S0528B1672                 - 90 -

     1  nuisance exists for an injunction to restrain a violation of
     2  this act, the regulations promulgated pursuant thereto, any
     3  order issued pursuant thereto, or the terms or conditions of any
     4  approved municipal waste management plan, and to restrain the
     5  maintenance or threat of a public nuisance. In any such
     6  proceeding, the court shall, upon motion of the Commonwealth,
     7  issue a prohibitory or mandatory preliminary injunction if it
     8  finds that the defendant is engaging in unlawful conduct as
     9  defined by this act or is engaged in conduct which is causing
    10  immediate and irreparable harm to the public. The Commonwealth
    11  shall not be required to furnish bond or other security in
    12  connection with such proceedings. In addition to an injunction,
    13  the court, in such equity proceedings, may levy civil penalties
    14  as specified in section 1704.
    15     (b)  Jurisdiction.--In addition to any other remedies
    16  provided for in this act, upon relation of any district attorney
    17  of any county affected, or upon relation of the solicitor of any
    18  county or municipality affected, an action in equity may be
    19  brought in a court of competent jurisdiction for an injunction
    20  to restrain any and all violations of this act or the
    21  regulations promulgated pursuant thereto, or to restrain any
    22  public nuisance.
    23     (c)  Concurrent remedies.--The penalties and remedies
    24  prescribed by this act shall be deemed concurrent, and the
    25  existence of or exercise of any remedy shall not prevent the
    26  department from exercising any other remedy hereunder, at law or
    27  in equity.
    28     (d)  Venue.--Actions instituted under this section may be
    29  filed in the appropriate court of common pleas or in the
    30  Commonwealth Court, which courts are hereby granted jurisdiction
    19870S0528B1672                 - 91 -

     1  to hear such actions.
     2  Section 1704.  Civil penalties.
     3     (a)  Assessment.--In addition to proceeding under any other
     4  remedy available at law or in equity for a violation of any
     5  provision of this act, the regulations promulgated hereunder,
     6  any order of the department issued hereunder, or any term or
     7  condition of an approved municipal waste management plan, the
     8  department may assess a civil penalty upon a person for such
     9  violation. Such a penalty may be assessed whether or not the
    10  violation was willful or negligent. In determining the amount of
    11  the penalty, the department shall consider the willfulness of
    12  the violation; the effect on the municipal waste planning
    13  process; damage to air, water, land or other natural resources
    14  of this Commonwealth or their uses; cost of restoration and
    15  abatement; savings resulting to the person in consequence of
    16  such violation; deterrence of future violations; and other
    17  relevant factors. If the violation leads to issuance of a
    18  cessation order, a civil penalty shall be assessed.
    19     (b)  Escrow.--When the department assesses a civil penalty,
    20  it shall inform the person of the amount of the penalty. The
    21  person charged with the penalty shall then have 30 days to pay
    22  the penalty in full or, if the person wishes to contest either
    23  the amount of the penalty or the fact of the violation, either
    24  to forward the proposed amount to the department for placement
    25  in an escrow account with the State Treasurer or with a bank in
    26  this Commonwealth or to post an appeal bond in the amount of the
    27  penalty. The bond must be executed by a surety licensed to do
    28  business in this Commonwealth and must be satisfactory to the
    29  department. If, through administrative or judicial review of the
    30  proposed penalty, it is determined that no violation occurred or
    19870S0528B1672                 - 92 -

     1  that the amount of the penalty shall be reduced, the department
     2  shall, within 30 days, remit the appropriate amount to the
     3  person, with an interest accumulated by the escrow deposit.
     4  Failure to forward the money or the appeal bond to the
     5  department within 30 days shall result in a waiver of all legal
     6  rights to contest the violation or the amount of the penalty.
     7     (c)  Amount.--The maximum civil penalty which may be assessed
     8  pursuant to this section is $10,000 per violation. Each
     9  violation for each separate day and each violation of any
    10  provision of this act, any regulation promulgated hereunder, any
    11  order issued hereunder, or the terms or conditions of any
    12  approved municipal waste management plan shall constitute a
    13  separate offense under this section.
    14     (d)  Statute of limitations.--Notwithstanding any other
    15  provision of law to the contrary, there shall be a statute of
    16  limitations of five years upon actions brought by the
    17  Commonwealth under this section.
    18  Section 1705.  Criminal penalties.
    19     (a)  Summary offense.--Any person, other than a municipal
    20  official exercising his official duties, who violates any
    21  provision of this act, any regulation promulgated hereunder, any
    22  order issued hereunder, or the terms or conditions of any
    23  approved municipal waste management plan shall, upon conviction
    24  thereof in a summary proceeding, be sentenced to pay a fine of
    25  not less than $100 and not more than $1,000 and costs and, in
    26  default of the payment of such fine and costs, to undergo
    27  imprisonment for not more than 30 days.
    28     (b)  Misdemeanor offense.--Any person, other than a municipal
    29  official exercising his official duties, who violates any
    30  provision of this act, any regulation promulgated hereunder, any
    19870S0528B1672                 - 93 -

     1  order issued hereunder, or the terms or conditions of any
     2  approved municipal waste management plan, commits a misdemeanor
     3  of the third degree and shall, upon conviction, be sentenced to
     4  pay a fine of not less than $1,000 but not more than $10,000 per
     5  day for each violation or to imprisonment for a period of not
     6  more than one year, or both.
     7     (c)  Second or subsequent offense.--Any person, other than a
     8  municipal official exercising his official duties who, within
     9  two years after a conviction of a misdemeanor for any violation
    10  of this act, violates any provision of this act, any regulation
    11  promulgated hereunder, any order issued hereunder, or the terms
    12  or conditions of any approved municipal waste management plan,
    13  commits a misdemeanor of the second degree and shall, upon
    14  conviction, be sentenced to pay a fine of not less than $2,500
    15  nor more than $25,000 for each violation or to imprisonment for
    16  a period of not more than two years, or both.
    17     (d)  Violations to be separate offense.--Each violation for
    18  each separate day and each violation of any provision of this
    19  act, any regulation promulgated hereunder, any order issued
    20  hereunder, or the terms or conditions of any approved municipal
    21  waste management plan, shall constitute a separate offense under
    22  subsections (a), (b) and (c).
    23  Section 1706.  Existing rights and remedies preserved;
    24                 cumulative remedies authorized.
    25     Nothing in this act shall be construed as estopping the
    26  Commonwealth, or any district attorney of a county or solicitor
    27  of a municipality, from proceeding in courts of law or equity to
    28  abate pollution forbidden under this act, or abate nuisances
    29  under existing law. It is hereby declared to be the purpose of
    30  this act to provide additional and cumulative remedies to
    19870S0528B1672                 - 94 -

     1  control municipal waste planning and management within this
     2  Commonwealth, and nothing contained in this act shall in any way
     3  abridge or alter rights of action or remedies now or hereafter
     4  existing in equity, or under the common law or statutory law,
     5  criminal or civil. Nothing in this act, or the approval of any
     6  municipal waste management plan under this act, or any act done
     7  by virtue of this act, shall be construed as estopping the
     8  Commonwealth or persons in the exercise of their rights under
     9  the common law or decisional law or in equity, from proceeding
    10  in courts of law or equity to suppress nuisances, or to abate
    11  any pollution now or hereafter existing, or to enforce common
    12  law or statutory rights. No court of this Commonwealth having
    13  jurisdiction to abate public or private nuisances shall be
    14  deprived of such jurisdiction in any action to abate any private
    15  or public nuisance instituted by any person for the reason that
    16  such nuisance constitutes air or water pollution.
    17  Section 1707.  Production of materials; recordkeeping
    18                 requirements.
    19     (a)  Authority of department.--The department and its agents
    20  and employees shall:
    21         (1)  Have access to, and require the production of, books
    22     and papers, documents, and physical evidence pertinent to any
    23     matter under investigation.
    24         (2)  Require any person engaged in the municipal waste
    25     management or municipal waste planning to establish and
    26     maintain such records and make such reports and furnish such
    27     information as the department may prescribe.
    28         (3)  Have the authority to enter any building, property,
    29     premises or place where solid waste is generated, stored,
    30     processed, treated or disposed of for the purposes of making
    19870S0528B1672                 - 95 -

     1     an investigation or inspection necessary to ascertain the
     2     compliance or noncompliance by any person with the provisions
     3     of this act and the regulations promulgated under this act.
     4     In connection with the inspection or investigation, samples
     5     may be taken of a solid, semisolid, liquid or contained
     6     gaseous material for analysis. If, analysis is made of the
     7     samples, a copy of the results of the analysis shall be
     8     furnished within five business days after receiving the
     9     analysis to the person having apparent authority over the
    10     building, property, premises or place.
    11     (b)  Warrants.--An agent or employee of the department may
    12  apply for a search warrant to any Commonwealth official
    13  authorized to issue a search warrant for the purposes of
    14  inspecting or examining any property, building, premises, place,
    15  book, record or other physical evidence; of conducting tests; or
    16  of taking samples of any solid waste. The warrant shall be
    17  issued upon probable cause. It shall be sufficient probable
    18  cause to show any of the following:
    19         (1)  The inspection, examination, test or sampling is
    20     pursuant to a general administrative plan to determine
    21     compliance with this act.
    22         (2)  The agent or employee has reason to believe that a
    23     violation of this act has occurred or may occur.
    24         (3)  The agent or employee has been refused access to the
    25     property, building, premises, place, book, record or physical
    26     evidence or has been prevented from conducting tests or
    27     taking samples.
    28  Section 1708.  Withholding of State funds.
    29     In addition to any other penalties provided in this act, the
    30  department may notify the State Treasurer to withhold payment of
    19870S0528B1672                 - 96 -

     1  all or any portion of funds payable to the municipality by the
     2  department from the General Fund or any other fund if the
     3  municipality has engaged in any unlawful conduct under section
     4  1701. Upon notification, the State Treasurer shall hold in
     5  escrow such moneys due to such municipality until such time as
     6  the department notifies the State Treasurer that the
     7  municipality has complied with such requirement or schedule.
     8  Section 1709.  Collection of fines, fees, etc.
     9     (a)  Lien.--All fines, fees, interest and penalties and any
    10  other assessments shall be collectible in any manner provided by
    11  law for the collection of debts. If the person liable to pay any
    12  such amount neglects or refuses to pay the same after demand,
    13  the amount, together with interest and any costs that may
    14  accrue, shall be a judgment in favor of the Commonwealth or the
    15  host municipality, as the case may be, upon the property of such
    16  person, but only after same has been entered and docketed of
    17  record by the prothonotary of the county where such property is
    18  situated. The Commonwealth or host municipality, as the case may
    19  be, may at any time transmit to the prothonotaries of the
    20  respective counties certified copies of all such judgments, and
    21  it shall be the duty of each prothonotary to enter and docket
    22  the same of record in his office, and to index the same as
    23  judgments are indexed, without requiring the payment of costs as
    24  a condition precedent to the entry thereof.
    25     (b)  Deposit of fines.--All fines collected pursuant to
    26  sections 1704 and 1705 shall be paid into the Solid Waste
    27  Abatement Fund.
    28  Section 1710.  Right of citizen to intervene in proceedings.
    29     Any citizen of this Commonwealth having an interest which is
    30  or may be adversely affected shall have the right on his own
    19870S0528B1672                 - 97 -

     1  behalf, without posting bond, to intervene in any action brought
     2  pursuant to section 1703 or 1704.
     3  Section 1711.  Remedies of citizens.
     4     (a)  Commencement of civil action.--Except as provided in
     5  subsection (b), any person having an interest which is or may be
     6  adversely affected may commence a civil suit on his own behalf
     7  to compel compliance with this act, or any rule or regulation
     8  promulgated hereunder, against any municipality where the
     9  municipality fails to comply with the provisions of this act or
    10  against the department where there is alleged a failure of the
    11  department to perform any act which is not discretionary with
    12  the department.
    13     (b)  Notice.--No action pursuant to this section may be
    14  commenced prior to 60 days after the plaintiff has given notice,
    15  in writing, notifying the department of the section of this act
    16  or the rule or regulation for which compliance is sought. In
    17  addition, no such action may be commenced if the department has
    18  commenced and is diligently proceeding with performance of the
    19  required nondiscretionary act.
    20     (c)  Multiple actions.--No action under this section may be
    21  commenced if the department has commenced and is diligently
    22  prosecuting a civil action in a court of the United States or of
    23  the Commonwealth, has issued an order, or has entered a consent
    24  order and agreement or consent degree to require compliance with
    25  this act, any regulation promulgated under this act, any order
    26  of the department issued under this act or any term or condition
    27  of an approved municipal waste management plan. If the
    28  department has commenced and is diligently prosecuting a civil
    29  action in a court of the Commonwealth, any person with an
    30  interest which is or may be adversely affected may intervene as
    19870S0528B1672                 - 98 -

     1  of right.
     2  Section 1712.  Affirmative defense.
     3     (a)  Defense.--It shall be an affirmative defense to any
     4  action by the department pursuant to section 1702, 1704, 1705 or
     5  1708 and any action brought pursuant to section 1711 against any
     6  municipality alleged to be in violation of section 1501 that
     7  such municipality's failure to comply is caused by excessive
     8  costs of the program required by section 1501. Program costs are
     9  excessive when reasonable and necessary costs of operating the
    10  program exceed income from the sale or use of collected
    11  material, grant money received from the department pursuant to
    12  section 902, and avoided costs of municipal waste processing or
    13  disposal.
    14     (b)  Requirements.--A municipality may not assert the
    15  affirmative defense provided by this section if it has failed:
    16         (1)  To make a timely grant application to the department
    17     pursuant to section 902.
    18         (2)  To exercise its best efforts to implement the
    19     program required by section 1501 for at least two years after
    20     it was required to establish and implement the program.
    21     (c)  Construction.--Nothing in this section shall be
    22  construed or understood:
    23         (1)  To create an affirmative defense for a municipality
    24     that is alleged to be in violation of any provision of law
    25     other than section 1501.
    26         (2)  To create an affirmative defense for any person
    27     other than a municipality.
    28         (3)  To modify or affect existing statutory and case law
    29     concerning affirmative defenses to department actions, except
    30     as expressly provided in subsection (a).
    19870S0528B1672                 - 99 -

     1  Section 1713.  Public information.
     2     (a)  General rule.--Except as provided in subsection (b),
     3  records, reports or other information obtained under this act
     4  shall be available to the public for inspection or copying
     5  during regular business hours.
     6     (b)  Confidentiality.--The department may, upon request,
     7  designate records, reports or information as confidential when
     8  the person providing the information demonstrates all of the
     9  following:
    10         (1)  The information contains the trade secrets,
    11     processes, operations, style of work or apparatus of a person
    12     or is otherwise confidential business information.
    13         (2)  The information does not relate to public health,
    14     safety, welfare, or the environment.
    15     (c)  Separation of information.--When submitting information
    16  under this act, a person shall designate the information which
    17  the person believes is confidential or shall submit that
    18  information separately from other information being submitted.
    19                             CHAPTER 19
    20                      MISCELLANEOUS PROVISIONS
    21  Section 1901.  Severability.
    22     The provisions of this act are severable. If any provision of
    23  this act or its application to any person or circumstance is
    24  held invalid, the invalidity shall not affect other provisions
    25  or applications of this act which can be given effect without
    26  the invalid provision or application.
    27  Section 1902.  Repeals.
    28     (a)  Absolute repeals.--The last sentence in section 201(b),
    29  section 201(f) through (l) and sections 202 and 203 of the act
    30  of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    19870S0528B1672                 - 100 -

     1  Management Act, are repealed.
     2     (b)  Inconsistent repeals.--Except as provided in section
     3  501(b) of this act, the first through fourth sentences of
     4  section 201(b) and section 201(c), (d) and (e) of the act of
     5  July 7, 1980 (P.L.380, No.97), known as the Solid Waste
     6  Management Act, are repealed insofar as they are inconsistent
     7  with this act.
     8  Section 1903.  Effective date.
     9     This act shall take effect in 60 days.














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