HOUSE AMENDED PRIOR PRINTER'S NOS. 581, 1207, 1415, PRINTER'S NO. 1963 1507, 1519, 1672
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 RE-REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 1988
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 19870S0528B1963 - 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. 19870S0528B1963 - 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. 19870S0528B1963 - 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 19870S0528B1963 - 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 19870S0528B1963 - 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 19870S0528B1963 - 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 (21) UNCONTROLLED INCREASES IN THE DAILY VOLUMES OF <-- 11 SOLID WASTE RECEIVED AT MUNICIPAL WASTE LANDFILLS HAVE 12 SIGNIFICANTLY DECREASED THEIR REMAINING LIFETIMES, DISRUPTING 13 THE MUNICIPAL WASTE PLANNING PROCESS AND THE ABILITY OF 14 MUNICIPALITIES RELYING ON THE LANDFILLS TO CONTINUE USING 15 THEM. THESE INCREASES HAVE THREATENED TO SIGNIFICANTLY AND 16 ADVERSELY AFFECT PUBLIC HEALTH AND SAFETY WHEN MUNICIPALITIES 17 FIND THEY CAN NO LONGER USE THE FACILITIES. UNCONTROLLED 18 INCREASES IN DAILY WASTE VOLUMES CAN ALSO CAUSE INCREASED 19 NOISE, ODORS, TRUCK TRAFFIC, AND OTHER SIGNIFICANT ADVERSE 20 EFFECTS ON THE ENVIRONMENT AS WELL AS ON PUBLIC HEALTH AND 21 SAFETY. 22 (22) BY PURCHASING, PROCESSING AND MARKETING OBSOLETE 23 AND OTHER MATERIALS WHICH WOULD OTHERWISE HAVE BEEN MANAGED 24 AS MUNICIPAL OR RESIDUAL WASTE, THE COMMONWEALTH'S EXISTING 25 FOR-PROFIT SCRAP PROCESSING AND RECYCLING INDUSTRY HAS BEEN 26 AND REMAINS ESSENTIAL TO THE EFFICIENT AND EFFECTIVE 27 MANAGEMENT OF SOLID WASTE. 28 (23) IN CARRYING OUT THEIR POWERS AND DUTIES UNDER THIS 29 ACT, COUNTIES AND OTHER MUNICIPALITIES SHOULD: 30 (I) ENSURE THAT THE ABILITY OF THE SCRAP PROCESSING 19870S0528B1963 - 8 -
1 AND RECYCLING INDUSTRY TO CONTINUE PURCHASING, PROCESSING 2 AND MARKETING RECOVERABLE MATERIALS IS NOT THEREBY 3 IMPAIRED. 4 (II) UTILIZE TO THE FULLEST EXTENT PRACTICABLE ALL 5 AVAILABLE FACILITIES AND EXPERTISE WITHIN THE SCRAP 6 PROCESSING AND RECYCLING INDUSTRY FOR PROCESSING AND 7 MARKETING RECYCLABLE MATERIALS FROM MUNICIPAL WASTE. 8 (b) Purpose.--It is the purpose of this act to: 9 (1) Establish and maintain a cooperative State and local 10 program of planning and technical and financial assistance 11 for comprehensive municipal waste management. 12 (2) Encourage the development of waste reduction and 13 recycling as a means of managing municipal waste, conserving 14 resources and supplying energy through planning, grants and 15 other incentives. 16 (3) Protect the public health, safety and welfare from 17 the short and long term dangers of transportation, 18 processing, treatment, storage and disposal of municipal 19 waste. 20 (4) Provide a flexible and effective means to implement 21 and enforce the provisions of this act. 22 (5) Utilize, wherever feasible, the capabilities of 23 private enterprise in accomplishing the desired objectives of 24 an effective, comprehensive solid waste management plan. 25 (6) Establish a recycling fee for municipal waste 26 landfills and resource recovery facilities to provide grants 27 for recycling, planning and related purposes. 28 (7) Establish a host municipality benefit fee for 29 municipal waste landfills and resource recovery facilities 30 that are permitted after the effective date of this act and 19870S0528B1963 - 9 -
1 to provide benefits to host municipalities for the presence 2 of such facilities. 3 (8) Establish a site-specific postclosure fee for 4 currently operating and future permitted municipal waste 5 landfills for remedial measures and emergency actions that 6 are necessary to prevent or abate adverse effects upon the 7 environment after the closure of such landfills. 8 (9) Establish trust funds for municipally operated 9 landfills to ensure that there are sufficient funds available 10 for completing the final closure of such landfills under the 11 Solid Waste Management Act. 12 (10) Shift the primary responsibility for developing and 13 implementing municipal waste management plans from 14 municipalities to counties. 15 (11) Require all public agencies of the Commonwealth to 16 aid and promote the development of recycling through their 17 procurement policies for the general welfare and economy of 18 the Commonwealth. 19 (12) Require certain municipalities to implement 20 recycling programs to return valuable materials to productive 21 use, to conserve energy and to protect capacity at municipal 22 waste processing or disposal facilities. 23 (13) Implement Article 1, section 27 of the Constitution 24 of Pennsylvania. 25 (14) STRENGTHEN THE DEPARTMENT'S EXISTING AUTHORITY TO <-- 26 REGULATE DAILY WASTE VOLUMES THAT MAY BE RECEIVED AT A 27 MUNICIPAL WASTE LANDFILL TO PROTECT AGAINST THE UNEXPECTED OR 28 UNPLANNED LOSS OF FACILITIES AND TO ENSURE THAT THE 29 FACILITIES OPERATE IN A MANNER THAT PROTECTS THE ENVIRONMENT 30 AS WELL AS PUBLIC HEALTH AND SAFETY. 19870S0528B1963 - 10 -
1 (c) Declaration of goals.--The General Assembly therefore 2 declares the following goals: 3 (1) At least 25% of all municipal waste generated in 4 this Commonwealth on and after January 1, 1997, should be 5 recycled. 6 (2) The weight or volume of municipal waste generated 7 per capita in this Commonwealth on January 1, 1997, should, 8 to the greatest extent practicable, be less than the weight 9 or volume of municipal waste generated per capita on the 10 effective date of this act. 11 (3) Each person living or working in this Commonwealth 12 shall be taught the economic, environmental, and energy value 13 of recycling and waste reduction, and shall be encouraged 14 through a variety of means to participate in such activities. 15 (4) The Commonwealth should, to the greatest extent 16 practicable, procure and use products and materials with 17 recycled content, and procure and use materials that are 18 recyclable. 19 Section 103. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Abatement." The restoration, reclamation, recovery, etc., 24 of a natural resource adversely affected by the activity of a 25 person. 26 "Commission." The Pennsylvania Public Utility Commission and 27 its authorized representatives. 28 "Commonwealth agency." The Commonwealth and its departments, 29 boards, commissions and agencies, Commonwealth owned 30 universities, and the State Public School Building Authority, 19870S0528B1963 - 11 -
1 the State Highway and Bridge Authority, and any other authority 2 now in existence or hereafter created or organized by the 3 Commonwealth. 4 "County." Includes the City of Philadelphia but not <-- 5 Philadelphia County. 6 "Department." The Department of Environmental Resources of 7 the Commonwealth and its authorized representatives. 8 "Disposal." The deposition, injection, dumping, spilling, 9 leaking or placing of solid waste into or on the land or water 10 in a manner that the solid waste or a constituent of the solid 11 waste enters the environment, is emitted into the air or is 12 discharged to the waters of this Commonwealth. 13 "Feasibility study." A study which analyzes a specific 14 municipal waste processing or disposal system to assess the 15 likelihood that the system can be successfully implemented, 16 including, but not limited to, an analysis of the prospective 17 market, the projected costs and revenues of the system, the 18 municipal waste-stream that the system will rely upon and 19 various options available to implement the system. 20 "Host municipality." The municipality other than the county 21 within which a municipal waste landfill or resource recovery 22 facility is located or is proposed to be located. 23 "Leaf waste." Leaves, garden residues, shrubbery and tree 24 trimmings, and similar material, but not including grass 25 clippings. 26 "Local public agency." 27 (1) Counties, cities, boroughs, towns, townships, school 28 districts, and any other authority now in existence or 29 hereafter created or organized by the Commonwealth. 30 (2) All municipal or school or other authorities now in 19870S0528B1963 - 12 -
1 existence or hereafter created or organized by any county, 2 city, borough, township or school district or any combination 3 thereof. 4 (3) Any and all other public bodies, authorities, 5 councils of government, officers, agencies or 6 instrumentalities of the foregoing, whether exercising a 7 governmental or proprietary function. 8 "Management." The entire process, or any part thereof, of 9 storage, collection, transportation, processing, treatment and 10 disposal of solid wastes by any person engaging in such process. 11 "Municipal recycling program." A source separation and 12 collection program for recycling municipal waste, or a program 13 for designated drop-off points or collection centers for 14 recycling municipal waste, that is operated by or on behalf of a 15 municipality. The term includes any source separation and 16 collection program for composting yard waste that is operated by 17 or on behalf of a municipality. The term shall not include any 18 program for recycling demolition waste or sludge from sewage 19 treatment plants or water supply treatment plants. 20 "Municipal waste." Any garbage, refuse, industrial lunchroom 21 or office waste and other material, including solid, liquid, 22 semisolid or contained gaseous material, resulting from 23 operation of residential, municipal, commercial or institutional 24 establishments and from community activities and any sludge not 25 meeting the definition of residual or hazardous waste in the 26 Solid Waste Management Act from a municipal, commercial or 27 institutional water supply treatment plant, waste water 28 treatment plant or air pollution control facility. THE TERM DOES <-- 29 NOT INCLUDE SOURCE-SEPARATED RECYCLABLE MATERIALS. 30 "Municipal waste landfill." Any facility that is designed, 19870S0528B1963 - 13 -
1 operated or maintained for the disposal of municipal waste, 2 whether or not such facility possesses a permit from the 3 department under the Solid Waste Management Act. The term shall 4 not include any facility that is used exclusively for disposal 5 of demolition waste or sludge from sewage treatment plants or 6 water supply treatment plants. 7 "Municipality." A county, city, borough, incorporated town, 8 township or home rule municipality. 9 "Operator." A person engaged in solid waste processing or 10 disposal. Where more than one person is so engaged in a single 11 operation, all persons shall be deemed jointly and severally 12 responsible for compliance with the provisions of this act. 13 "Person." Any individual, partnership, corporation, 14 association, institution, cooperative enterprise, municipality, 15 municipal authority, Federal Government or agency, State 16 institution or agency (including, but not limited to, the 17 Department of General Services and the State Public School 18 Building Authority), or any other legal entity whatsoever which 19 is recognized by law as the subject of rights and duties. In any 20 provisions of this act prescribing a fine, imprisonment or 21 penalty, or any combination of the foregoing, the term "person" 22 shall include the officers and directors of any corporation or 23 other legal entity having officers and directors. 24 "Pollution." Contamination of any air, water, land or other 25 natural resources of this Commonwealth that will create or is 26 likely to create a public nuisance or to render the air, water, 27 land or other natural resources harmful, detrimental or 28 injurious to public health, safety or welfare, or to domestic, 29 municipal, commercial, industrial, agricultural, recreational or 30 other legitimate beneficial uses, or to livestock, wild animals, 19870S0528B1963 - 14 -
1 birds, fish or other life. 2 "Post consumer waste material." Any product generated by a 3 business or consumer which has served its intended end use, and 4 which has been separated from solid waste for the purposes of 5 collection, recycling, and disposition. The term includes 6 industrial byproducts that would otherwise go to disposal or 7 processing facilities. The term does not include internally 8 generated scrap that is commonly returned to industrial or 9 manufacturing process. 10 "Processing." Any technology used for the purpose of 11 reducing the volume or bulk of municipal waste or any technology 12 used to convert part or all of such waste materials for offsite 13 reuse. Processing facilities include, but are not limited to, 14 transfer facilities, composting facilities and resource recovery 15 facilities. 16 "Project development." Those activities required to be 17 conducted prior to constructing a processing or disposal 18 facility that has been shown to be feasible, including, but not 19 limited to, public input and participation, siting, procurement 20 and vendor contract negotiations, and market and municipal waste 21 supply assurance negotiations. 22 "Public agency." Any Commonwealth agency or local public 23 agency. 24 "Reasonable expansion." The growth of an existing permitted 25 MUNICIPAL WASTE landfill to land which is contiguous to the <-- 26 existing landfill, which contiguous land is owned in fee by the <-- 27 owner of the landfill or which land is subject to an irrevocable 28 option exercisable within one year OF THE EFFECTIVE DATE OF THIS <-- 29 ACT in favor of the owner of the landfill on the date that the <-- 30 plan is submitted and which contiguous land contains the same 19870S0528B1963 - 15 -
1 geological features which are present at the existing landfill.
2 "Recycled content." Products or materials containing post
3 consumer waste materials.
4 "Recycling." The collection, separation, recovery and sale
5 or reuse of metals, glass, paper, leaf waste, plastics and other
6 materials which would otherwise be disposed or processed as
7 municipal waste.
8 "Remaining available permitted capacity." The remaining
9 permitted capacity that is actually available for processing or
10 disposal to the county or other municipality that generated the
11 waste.
12 "Remaining permitted capacity." The weight or volume of
13 municipal waste that can be processed or disposed at an existing
14 municipal waste processing or disposal facility. The term shall
15 include only weight or volume capacity for which the department
16 has issued a permit under the Solid Waste Management Act. The
17 term shall not include any facility that the department
18 determines, or has determined, has failed and continues to fail
19 to comply with the provisions of the Solid Waste Management Act,
20 and the regulations promulgated pursuant thereto, or any permit
21 conditions.
22 "Residual waste." Any garbage, refuse, other discarded
23 material or other waste, including solid, liquid, semisolid or
24 contained gaseous materials resulting from industrial, mining
25 and agricultural operations and any sludge from an industrial,
26 mining or agricultural water supply treatment facility, waste
27 water treatment facility or air pollution control facility,
28 provided that it is not hazardous. The term shall not include
29 coal refuse as defined in the act of September 24, 1968
30 (P.L.1040, No.318), known as the Coal Refuse Disposal Control
19870S0528B1963 - 16 -
1 Act. The term shall not include treatment sludges from coal mine 2 drainage treatment plants, disposal of which is being carried on 3 pursuant to and in compliance with a valid permit issued 4 pursuant to the act of June 22, 1937 (P.L.1987, No.394), known 5 as The Clean Streams Law. 6 "Resource recovery facility." A facility that provides for 7 the extraction and utilization of materials or energy from 8 municipal waste that is generated off-site, including, but not 9 limited to, a facility that mechanically extracts materials from 10 municipal waste, a combustion facility that converts the organic 11 fraction of municipal waste to usable energy, and any chemical 12 and biological process that converts municipal waste into a fuel 13 product or other usable materials. The term also includes any 14 facility for the combustion of municipal waste that is generated 15 off-site, whether or not the facility is operated to recover 16 energy. The term does not include METHANE GAS EXTRACTION FROM A <-- 17 MUNICIPAL WASTE LANDFILL, NOR SHALL IT INCLUDE any separation 18 and collection center, drop-off point or collection center for 19 recycling municipal waste, or any source separation or 20 collection center for composting leaf waste. 21 "Secretary." The Secretary of Environmental Resources of the 22 Commonwealth. 23 "Solid waste." Solid waste, as defined in the act of July 7, 24 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 25 "Solid Waste Abatement Fund." The fund created pursuant to 26 section 701 of the Solid Waste Management Act. 27 "Solid Waste Management Act." The act of July 7, 1980 28 (P.L.380, No.97). 29 "SOURCE-SEPARATED RECYCLABLE MATERIALS." MATERIALS THAT ARE <-- 30 SEPARATED FROM MUNICIPAL WASTE AT THE POINT OF ORIGIN FOR THE 19870S0528B1963 - 17 -
1 PURPOSE OF RECYCLING. 2 "Storage." The containment of any municipal waste on a 3 temporary basis in such a manner as not to constitute disposal 4 of such waste. It shall be presumed that the containment of any 5 municipal waste in excess of one year constitutes disposal. This 6 presumption can be overcome by clear and convincing evidence to 7 the contrary. 8 "Transportation." The offsite removal of any municipal waste 9 at any time after generation. 10 "Treatment." Any method, technique or process, including, 11 but not limited to, neutralization, designed to change the 12 physical, chemical or biological character or composition of any 13 municipal waste so as to neutralize such waste or so as to 14 render such waste safer for transport, suitable for recovery, 15 suitable for storage or reduced in volume. 16 "Waste reduction." Design, manufacture or use of a product 17 to minimize weight of municipal waste that requires processing 18 or disposal, including, but not limited to: 19 (1) design or manufacturing activities which minimize 20 the weight or volume of materials contained in a product, or 21 increase durability or recyclability; and 22 (2) use of products that contain as little material as 23 possible, are capable of being reused or recycled or have an 24 extended useful life. 25 Section 104. Construction of act. 26 (a) Liberal construction.--The terms and provisions of this 27 act are to be liberally construed, so as to best achieve and 28 effectuate the goals and purposes hereof. 29 (b) Para materia.--This act shall be construed in para 30 materia with the Solid Waste Management Act. 19870S0528B1963 - 18 -
1 CHAPTER 3 2 POWERS AND DUTIES 3 Section 301. Powers and duties of department. 4 The department, in consultation with the Department of Health 5 regarding matters of public health significance, shall have the 6 power and its duty shall be to: 7 (1) Administer the municipal waste planning, recycling 8 and waste reduction program pursuant to the provisions of 9 this act and the regulations promulgated pursuant thereto. 10 (2) Cooperate with appropriate Federal, State, interstate 11 and local units of government and with appropriate private 12 organizations in carrying out its duties under this act. 13 (3) Provide technical assistance to municipalities and 14 Commonwealth agencies, including, but not limited to, the 15 training of personnel. 16 (4) Initiate, conduct and support research, 17 demonstration projects and investigations, and coordinate all 18 State agency research programs pertaining to municipal waste 19 management systems. 20 (5) Regulate municipal waste planning, including, but 21 not limited to, the development and implementation of county 22 municipal waste management plans. 23 (6) Approve, conditionally approve or disapprove 24 municipal waste management plans, issue orders, conduct 25 inspections and abate public nuisances to implement the 26 provisions and purposes of this act and the regulations 27 promulgated pursuant to this act. 28 (7) Serve as the agency of the Commonwealth for the 29 receipt of moneys from the Federal Government or other public 30 agencies or private agencies and expend such moneys for 19870S0528B1963 - 19 -
1 studies and research with respect to, and for the enforcement 2 and administration of, the provisions and purposes of this 3 act and the regulations promulgated pursuant thereto. 4 (8) Institute, in a court of competent jurisdiction, 5 proceedings against any person to compel compliance with the 6 provisions of this act, any regulation promulgated pursuant 7 thereto, any order of the department, or the terms and 8 conditions of any approved municipal waste management plan. 9 (9) Institute prosecutions against any person under this 10 act. 11 (10) Appoint such advisory committees as the secretary 12 deems necessary and proper to assist the department in 13 carrying out the provisions of this act. The secretary is 14 authorized to pay reasonable and necessary expenses incurred 15 by the members of such advisory committees in carrying out 16 their functions. 17 (11) Encourage and, where the department determines it 18 is appropriate, require counties and other municipalities to 19 carry out their duties under this act, using the full range 20 of incentives and enforcement authority provided in this act. 21 (12) Take any action not inconsistent with this act that 22 the department may deem necessary or proper to collect the 23 recycling fee provided by this act, and to insure the payment 24 of the host municipality benefit fee and to ensure the 25 payment of the site-specific postclosure fee and moneys for 26 the trust fund for municipally operated landfills provided by 27 this act. 28 (13) Administer and distribute moneys in the Recycling 29 Fund for any public educational programs on recycling and 30 waste reduction that the department believes to be 19870S0528B1963 - 20 -
1 appropriate, for technical assistance to counties in the 2 preparation of municipal waste management plans, for 3 technical assistance to municipalities concerning recycling 4 and waste reduction, to conduct research, and for other 5 purposes consistent with this act. 6 (14) To promote and emphasize recycling and waste 7 reduction in the Commonwealth by, among other things: 8 (i) Conducting a comprehensive, innovative and 9 effective public education program concerning the value 10 of recycling and waste reduction, and of public 11 opportunities to participate in such activities, in 12 cooperation with the Department of Education. 13 (ii) Developing and maintaining a data base on 14 recycling and waste reduction in the Commonwealth, and 15 making the information in that data base available to the 16 public. 17 (iii) Coordinating recycling and waste reduction 18 efforts among Commonwealth agencies. 19 (iv) Providing financial and other assistance to 20 municipalities that are required by section 1501 to 21 implement recycling programs. 22 (V) PROVIDING INFORMATION ABOUT POTENTIAL RECYCLING <-- 23 MARKETS TO MUNICIPALITIES AND OTHER INTERESTED PERSONS. 24 (15) Do any and all other acts and things, not 25 inconsistent with any provision of this act, which it may 26 deem necessary or proper for the effective enforcement of 27 this act and the regulations promulgated pursuant thereto 28 after consulting with the Department of Health regarding 29 matters of public health significance. 30 Section 302. Powers and duties of Environmental Quality Board. 19870S0528B1963 - 21 -
1 The Environmental Quality Board shall have the power and its 2 duty shall be to adopt the regulations of the department to 3 accomplish the purposes and to carry out the provisions of this 4 act. 5 Section 303. Powers and duties of counties. 6 (a) Primary responsibility of county.--Each county shall 7 have the power and its duty shall be to insure the availability 8 of adequate permitted processing and disposal capacity for the 9 municipal waste which is generated within its boundaries. As 10 part of this power, a county: 11 (1) May require all persons collecting or transporting <-- 12 municipal waste within the county to obtain licenses for the 13 purpose of directing waste to facilities designated pursuant 14 to subsection (e). 15 (1) MAY REQUIRE ALL PERSONS COLLECTING OR TRANSPORTING <-- 16 MUNICIPAL WASTE TO OR FROM LOCATIONS WITHIN THE COUNTY TO 17 OBTAIN LICENSES FOR THE PURPOSE OF DIRECTING WASTE TO 18 FACILITIES DESIGNATED UNDER SUBSECTION (E). 19 (2) (1) (2) Shall have the power and duty to implement <-- 20 its approved plan as it relates to the processing and 21 disposal of municipal waste generated within its boundaries. 22 (3) (2) (3) May plan for the processing and disposal of <-- 23 municipal waste generated outside its boundaries and to 24 implement its approved plan as it relates to the processing 25 and disposal of such waste. 26 (4) (3) (4) May prohibit PETITION THE DEPARTMENT TO <-- 27 LIMIT OR RESTRICT PROHIBIT municipal waste processing or 28 disposal facilities located within the geographic boundaries 29 of the county from processing or disposing of municipal waste 30 generated or produced outside the geographical boundaries of 19870S0528B1963 - 22 -
1 the county if this processing or disposal would significantly 2 diminish the CONTRIBUTE TO A SHORTAGE OF DIMINISH THE <-- 3 processing or disposal capacity of the facilities. AVAILABLE <-- 4 TO THE COUNTY OF THE FACILITIES. 5 (5) MAY PROHIBIT THE SITING OF ADDITIONAL RESOURCE <-- 6 RECOVERY FACILITIES WITHIN ITS GEOGRAPHIC BOUNDARIES IF, AS 7 OF THE EFFECTIVE DATE OF THIS ACT, A RESOURCE RECOVERY 8 FACILITY IS OPERATING WITHIN THE COUNTY. 9 (6) MAY ADOPT ORDINANCES, RESOLUTIONS, REGULATIONS AND 10 STANDARDS FOR THE RECYCLING OF MUNICIPAL WASTE IF ONE OF THE 11 FOLLOWING REQUIREMENTS ARE MET: 12 (I) SUCH ORDINANCES, RESOLUTIONS, REGULATIONS OR 13 STANDARDS ARE SET FORTH IN THE APPROVED PLAN, AND DO NOT 14 INTERFERE WITH THE IMPLEMENTATION OF ANY MUNICIPAL 15 RECYCLING PROGRAM UNDER SECTION 1501. 16 (II) SUCH ORDINANCES, RESOLUTIONS, REGULATIONS OR 17 STANDARDS ARE NECESSARY TO IMPLEMENT A MUNICIPAL 18 RECYCLING PROGRAM UNDER SECTION 1501 WHICH THE 19 MUNICIPALITY HAS DELEGATED TO THE COUNTY PURSUANT TO 20 SECTION 304. 21 (7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF 22 THERE ARE TWO OR MORE PERMITTED AND OPERATING LANDFILLS 23 PROCESSING OR DISPOSING OF OUT-OF-COUNTY MUNICIPAL WASTE, THE 24 COUNTY OF SITUS MAY PROHIBIT THE PROCESSING OF DISPOSAL OF 25 OUT-OF-COUNTY MUNICIPAL WASTE AT ANY NEW LANDFILL PERMITTED 26 AFTER OCTOBER 21, 1987. NOTHING IN THIS PARAGRAPH SHALL 27 PROHIBIT A FACILITY THAT IS NEWLY PERMITTED AFTER OCTOBER 21, 28 1987, FROM PROCESSING OR DISPOSING OF OUT-OF-COUNTY MUNICIPAL 29 WASTE AS LONG AS THE OUT-OF-COUNTY MUNICIPAL WASTE DOES NOT 30 EXCEED 10% OF THE DAILY CAPACITY OF THE FACILITY AS 19870S0528B1963 - 23 -
1 PERMITTED, AS RATED BY THE DEPARTMENT AND AS AGREED UPON BY 2 THE GOVERNING BODY OF THE COUNTY IN WHICH THE FACILITY IS 3 LOCATED. FOR THE PURPOSE OF THIS PARAGRAPH, THE TERM "OUT-OF- 4 COUNTY MUNICIPAL WASTE" MEANS WASTE THAT IS PRODUCED OR 5 GENERATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE COUNTY. 6 NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO AFFECT THE 7 RIGHTS OF EXISTING MUNICIPAL WASTE LANDFILLS, NOR SHALL THIS 8 SUBSECTION EFFECT ANY MODIFICATION, EXTENSION, ADDITION OR 9 RENEWAL OF PERMITS. 10 (b) Joint planning.--Any two or more counties may adopt and 11 implement a single municipal waste management plan for the 12 municipal waste generated within the combined area of the 13 counties. WHERE THIS ACT IMPOSES A DUTY ON A COUNTY, THE DUTY <-- 14 SHALL BE IMPOSED ON THE ENTITY WHICH IS CREATED WHEN TWO OR MORE 15 COUNTIES FORM A JOINT PLANNING EFFORT. 16 (c) Ordinances and resolutions.--In carrying out its duties 17 under this section, a county may adopt ordinances, resolutions, 18 regulations and standards for the TRANSPORTATION, processing and <-- 19 disposal of municipal waste, which shall not be less stringent 20 than, and not in violation of or inconsistent with, the 21 provisions and purposes of the Solid Waste Management Act, this 22 act and the regulations promulgated pursuant thereto. 23 (d) Delegation of county responsibility.--A county may enter 24 into a written agreement with another municipality or municipal 25 authority pursuant to which the person undertakes to fulfill 26 some or all of the county's responsibilities under this act for 27 municipal waste planning and implementation of the approved 28 county plan. Any such person shall be jointly and severally 29 responsible with the county for municipal waste planning and 30 implementation of the approved county plan in accordance with 19870S0528B1963 - 24 -
1 this act and the regulations promulgated pursuant thereto. 2 (e) Designated sites.--A county with an approved municipal 3 waste management plan that was submitted pursuant to section 4 501(a) or (c) of this act is also authorized to require that all 5 municipal wastes generated within its boundaries shall be 6 processed or disposed at a designated processing or disposal 7 facility that is contained in the approved plan and permitted by 8 the department under the act of July 7, 1980 (P.L.380, No.97), 9 known as the Solid Waste Management Act. No county shall direct 10 municipal waste that would otherwise be recycled to any resource 11 recovery facility or other facility for purposes other than 12 recycling such waste. A COUNTY WHICH DESIGNATES THAT MUNICIPAL <-- 13 WASTE GENERATED WITHIN ITS BOUNDARIES SHALL BE PROCESSED OR 14 DISPOSED AT A DESIGNATED FACILITY SHALL PERMIT A MUNICIPALITY OR 15 COMMERCIAL ESTABLISHMENT TO CONTRACT FOR ALTERNATIVE METHODS OF 16 WASTE PROCESSING OR DISPOSAL IF DOING SO WOULD RESULT IN A 17 SAVINGS TO THE MUNICIPALITY OR COMMERCIAL ESTABLISHMENT AND 18 WOULD NOT IMPAIR THE OPERATION OF THE FACILITY DESIGNATED BY THE 19 COUNTY. This subsection shall not apply to municipal waste going 20 to existing or future on-site captive commercial disposal 21 facilities used for the exclusive disposal of municipal waste 22 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 19870S0528B1963 - 25 -
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, TO ASSURE ADEQUATE CAPACITY BY <--
7 THE ADOPTION OF VOLUME RESTRICTIONS, and to adopt and implement
8 programs for the collection and recycling of municipal waste as
9 provided in this act.
10 (b) Ordinances.--In carrying out its duties under this <--
11 (1) IN CARRYING OUT ITS DUTIES UNDER THIS section, a <--
12 municipality other than a county may adopt resolutions,
13 ordinances, regulations and standards for the RECYCLING, <--
14 transportation, storage and collection of municipal wastes,
15 which shall not be less stringent than, and not in violation
16 of or inconsistent with, the provisions and purposes of the
17 Solid Waste Management Act, this act and the regulations
18 promulgated pursuant thereto.
19 (2) THE HOST MUNICIPALITY SHALL HAVE THE AUTHORITY TO <--
20 ADOPT REASONABLE ORDINANCES, INCLUDING, BUT NOT LIMITED TO,
21 ORDINANCES CONCERNING THE HOURS AND DAYS OF OPERATION OF THE
22 FACILITY AND TRAFFIC. SUCH ORDINANCES MAY BE IN ADDITION TO,
23 BUT NOT LESS STRINGENT THAN, NOT INCONSISTENT WITH, AND NOT
24 IN VIOLATION OF, ANY PROVISION OF THIS ACT, ANY REGULATION
25 PROMULGATED PURSUANT TO THIS ACT OR ANY LICENSE ISSUED
26 PURSUANT TO THIS ACT. SUCH ORDINANCES FOUND TO BE
27 INCONSISTENT AND NOT IN SUBSTANTIAL CONFORMITY WITH THIS ACT
28 SHALL BE SUPERSEDED. APPEALS UNDER THIS SUBSECTION MAY BE
29 BROUGHT BEFORE A COURT OF COMPETENT JURISDICTION.
30 (c) Contracting of responsibility.--A municipality other
19870S0528B1963 - 26 -
1 than a county may contract with any municipality, municipal 2 authority or other persons to carry out its duties for the 3 RECYCLING, transportation, collection and storage of municipal <-- 4 waste, if the RECYCLING, transportation, collection or storage <-- 5 activity or facility is conducted or operated in a manner that 6 is consistent with the Solid Waste Management Act, this act and 7 the regulations promulgated pursuant thereto. Any such person 8 shall be jointly and severally responsible with the municipality 9 other than a county when carrying out its duties for 10 transportation, collection or storage activity or facility. 11 (d) Designated sites.--A municipality other than a county 12 may require by ordinance that all municipal waste generated 13 within its jurisdiction shall be disposed of at a designated 14 permitted facility. Such ordinance shall remain in effect until 15 the county in which the municipality is located adopts a waste 16 flow control ordinance as part of a plan submitted to the 17 department pursuant to section 501(a) or (c) and approved by the 18 department. Except as provided in section 502(m), any such 19 county ordinance shall supersede any such municipal ordinance to 20 the extent that the municipal ordinance is inconsistent with the 21 county ordinance. 22 (e) Term and renewals of certain contracts.--The governing 23 body of a municipality other than a county shall have the power 24 to, and may, enter into contracts having an initial term of five 25 years with optional renewal periods of up to five years with 26 persons responsible for the collection or transportation of 27 municipal waste generated within the municipality. The 28 limitations imposed on contracts by section 1502(XXVII) of the 29 act of June 24, 1931 (P.L.1206, No.331), known as The First 30 Class Township Code, and section 702 (VIII) of the act of May 1, 19870S0528B1963 - 27 -
1 1933 (P.L.103, No.69), known as The Second Class Township Code, 2 shall not apply to contracts entered into pursuant to this act. 3 (f) Report.--On or before February 15 of each year, each 4 municipality other than a county that is implementing a 5 recycling program shall submit a report to the county in which 6 the municipality is located. The report shall describe the 7 weight or volume of materials that were recycled by the 8 municipal recycling program in the preceding calendar year. 9 CHAPTER 5 10 MUNICIPAL WASTE PLANNING 11 Section 501. Schedule for submission of municipal waste 12 management plans. 13 (a) Submission of plan.--Except as provided in subsections 14 (b) and (c), each county shall submit to the department within 15 two and one-half years of the effective date of this act an 16 officially adopted plan for a municipal waste management plan 17 for municipal waste generated within its boundaries. Such plan 18 shall be consistent with the requirements of this act. FOR THE <-- 19 PURPOSES OF THIS CHAPTER, THE TERM "COUNTY" INCLUDES CITIES OF 20 THE FIRST CLASS BUT DOES NOT INCLUDE COUNTIES OF THE FIRST 21 CLASS. 22 (b) Existing plans.--A county that has submitted a complete 23 municipal waste management plan to the department for approval 24 on or before 30 days from the effective date of this act, shall 25 be deemed to have a plan approved pursuant to section 505 if, on 26 or before the effective date of this act: 27 (1) The department has granted technical or preliminary 28 approval of such plan under 25 Pa. Code §§ 75.11 through 29 75.13. 30 (2) More than one-half of the municipalities within the 19870S0528B1963 - 28 -
1 county, representing more than one-half of the county's 2 population as determined by the most recent decennial census 3 by the United States Bureau of the Census, have adopted 4 resolutions approving such plan. 5 (c) Plan revisions.--Each county with an approved municipal 6 waste management plan shall submit a revised plan to the 7 department in accordance with the requirements of this act: 8 (1) At least three years prior to the time all remaining 9 available permitted capacity for the county will be 10 exhausted. 11 (2) For plans approved pursuant to subsection (b), 12 within two years of the effective date of this act. Such plan 13 revisions shall be consistent with the requirements of this 14 chapter except to the extent that the county demonstrates to 15 the department's satisfaction that irrevocable contracts made 16 by or pursuant to the approved plan preclude compliance with 17 the requirements of this chapter. 18 (3) When otherwise required by the department. 19 (d) Procedure for considering plan revisions.--At least 30 20 days before submitting any proposed plan revision to the 21 department, the county shall submit a copy of the proposed 22 revision to the advisory committee established pursuant to 23 section 503 and to each municipality within the county. All plan 24 revisions that are determined by the county or by the department 25 to be substantial shall be subject to the requirements of 26 sections 503 and 504. The plan revisions required by subsection 27 (c)(2) shall be considered substantial plan revisions. 28 Section 502. Content of municipal waste management plans. 29 (a) General rule.--Except as provided in section 501(b), 30 every plan submitted after the effective date of this act shall 19870S0528B1963 - 29 -
1 comply with the provisions of this section. 2 (b) Description of waste.--The plan shall describe and 3 explain the origin, content and weight or volume of municipal 4 waste currently generated within the county's boundaries, and 5 the origin, content and weight or volume of municipal waste that 6 will be generated within the county's boundaries during the next 7 ten years. 8 (c) Description of facilities.--The plan shall identify and 9 describe the facilities where municipal waste is currently being 10 disposed or processed and the remaining available permitted 11 capacity of such facilities and the capacity which could be made <-- 12 available through the reasonable expansion of such facilities. 13 The plan shall contain an analysis of the effect of current and 14 planned recycling on waste generated within the county. The plan 15 shall also explain the extent to which existing facilities will 16 be used during the life of the plan, and shall not substantially 17 impair the use of their remaining permitted capacity or of <-- 18 capacity which could be made available through the reasonable 19 expansion of such facilities. For purposes of this subsection, 20 existing facilities shall include facilities for which a HOLDING <-- 21 PERMITS AND FACILITIES FOR WHICH A COMPLETE permit application 22 under the Solid Waste Management Act is filed with the 23 department within one year from the effective date of this act 24 or the date a plan is approved WITHIN ONE YEAR OF THE DATE <-- 25 WRITTEN NOTICE OF THE DEVELOPMENT OF A PLAN OR A SUBSTANTIAL 26 PLAN REVISION IS GIVEN TO MUNICIPALITIES PURSUANT TO SECTION 27 503(B), whichever is the later, unless such permit application 28 is denied by the department. In addition, the plan shall give 29 consideration to the potential REASONABLE expansion of existing <-- 30 municipal waste processing or disposal facilities located in the 19870S0528B1963 - 30 -
1 county. For the purposes of this subsection, the department <-- 2 shall determine whether applications are complete within 90 days 3 of their receipt and, if incomplete, specify to the applicant 4 all deficiencies of the application. 5 (d) Estimated future capacity.--The plan shall estimate the 6 processing or disposal capacity needed for the municipal waste 7 that will be generated in the county during the next ten years. 8 The assessment shall describe the primary variables affecting 9 this estimate and the extent to which they can reasonably be 10 expected to affect the estimate, including, but not limited to, 11 the amount of residual waste disposed or processed at municipal 12 waste disposal or processing facilities in the county and the 13 extent to which residual waste may be disposed or processed at 14 such facilities during the next ten years. 15 (e) Description of recyclable waste.-- 16 (1) The plan shall describe and evaluate: 17 (i) The kind and weight or volume of municipal waste 18 that could be recycled, giving consideration at a minimum 19 to the following materials: clear glass OR colored glass, <-- 20 aluminum, steel and bimetallic cans, high grade office 21 paper, newsprint, corrugated paper, plastics, leaf waste 22 and grass clippings. 23 (ii) Potential benefits of recycling, including the 24 potential solid waste reduction and the avoided cost of 25 municipal waste processing or disposal. 26 (iii) Existing materials recovery operations and the 27 kind and weight or volume of materials recycled by the 28 operations, whether public or private. 29 (iv) The compatibility of recycling with other 30 municipal waste processing or disposal methods, giving 19870S0528B1963 - 31 -
1 consideration to and describing anticipated and available 2 markets for materials collected through municipal 3 recycling programs. 4 (v) Proposed or existing collection methods for 5 recyclable materials. 6 (vi) Options for ensuring the collection of 7 recyclable materials. 8 (vii) Options for the processing, storage and sale 9 of recyclable materials, including market commitments. 10 The plan shall consider the results of the market 11 development study required by section 508, if the results 12 are available. 13 (viii) Options for municipal cooperation or 14 agreement for the collection, processing and sale of 15 recyclable materials. 16 (ix) A schedule for implementation of the recycling 17 program. 18 (x) Estimated costs of operating and maintaining a 19 recycling program, estimated revenue from the sale or use 20 of materials and avoided costs of processing or disposal. 21 (xi) What consideration for the collection, 22 marketing and disposition of recyclable materials will be 23 accorded to persons engaged in the business of recycling 24 on the effective date of this act, whether or not the 25 persons are operating for profit. 26 (XII) A PUBLIC INFORMATION AND EDUCATION PROGRAM <-- 27 THAT WILL PROVIDE COMPREHENSIVE AND SUSTAINED PUBLIC 28 NOTICE OF RECYCLING PROGRAM FEATURES AND REQUIREMENTS. 29 (2) Any county containing municipalities that are 30 required by section 1501 to implement recycling programs 19870S0528B1963 - 32 -
1 shall take the provisions of that section into account in 2 preparing the recycling portion of its plan. 3 (3) Nothing in this chapter shall be construed or 4 understood to require preparation of a county municipal waste 5 management plan prior to developing and implementing any 6 recycling program required by Chapter 15. 7 (f) Financial factors.--The plan shall describe the type, 8 mix, size, expected cost and proposed methods of financing the 9 facilities, recycling programs or waste reduction programs that 10 are proposed for the processing and disposal of the municipal 11 waste that will be generated within the county's boundaries 12 during the next ten years. For every proposed facility, 13 recycling program or waste reduction program, the plan shall 14 discuss all of the following: 15 (1) Explain in detail the reason for selecting such 16 facility or program. 17 (2) Describe alternative facilities or programs, 18 including, but not limited to, waste reduction, recycling, or 19 resource recovery facilities or programs, that were 20 considered. 21 (3) Evaluate the environmental, energy, life cycle cost 22 and economic advantages and disadvantages of the proposed 23 facility or program as well as the alternatives considered. 24 (4) Show that adequate provision for existing and 25 reasonably anticipated future recycling has been made in 26 designing the size of any proposed facility. 27 (5) Set forth a time schedule and program for planning, 28 design, siting, construction and operation of each proposed 29 facility or program. 30 (g) Location.--The plan shall identify the general location 19870S0528B1963 - 33 -
1 within a county where each municipal waste processing or 2 disposal facility and each recycling operation identified in 3 subsection (f) will be located, and either identify the site of 4 each facility if the site has already been chosen or explain how 5 the site will be chosen. For any facility that is proposed to be 6 located outside the county, the plan shall explain in detail the 7 reasons for selecting such a facility. 8 (h) Implementing entity identification.--The plan shall 9 identify the governmental entity that will be responsible for 10 implementing the plan on behalf of the county and describe the 11 legal basis for that entity's authority to do so. 12 (i) Public function.--Where the county determines that it is 13 in the public interest for municipal waste transportation, 14 processing and disposal to be a public function, the plan shall 15 provide for appropriate mechanisms, SUBJECT TO THE LIMITATIONS <-- 16 SET FORTH IN SECTION 902(A) ON THE USE OF GRANT MONEYS BY 17 MUNICIPALITIES FOR PURCHASING EQUIPMENT FOR PROCESSING SOLID 18 WASTE. 19 (j) Copies of ordinances and resolutions.--The plan shall 20 include any proposed ordinances, contracts or requirements that 21 will be used to insure the operation of any facilities proposed 22 in the plan. For each ordinance, contract or requirement, the 23 plan shall identify the areas of the county to be affected, the 24 expected effective date and the implementing mechanism. 25 (k) Orderly extension.--The plan shall provide for the 26 orderly extension of municipal waste management systems in a 27 manner that is consistent with the needs of the area and is also 28 consistent with any existing State, regional or local plans 29 affecting the development, use and protection of air, water, 30 land or other natural resources. The plan shall also take into 19870S0528B1963 - 34 -
1 consideration planning, zoning, population estimates, 2 engineering and economics. 3 (l) Methods of disposal other than by contract.--If the 4 county proposes to require, by means other than contracts, that 5 municipal wastes generated within its boundaries be processed or 6 disposed at a designated facility, the plan shall so state. The 7 plan shall explain the basis for such a proposal, giving 8 consideration to alternative means of ensuring that waste 9 generated within the county's boundaries is processed or 10 disposed in an environmentally acceptable manner. A copy of the 11 proposed ordinance or other legal instrument that would 12 effectuate this proposal shall also be included. 13 (m) County ownership.--If the county proposes to own or 14 operate a municipal waste processing or disposal facility, the 15 plan shall so state. The plan shall also explain the basis for 16 such a proposal, giving consideration to the comparative costs 17 and benefits of private ownership and operation of municipal 18 waste processing or disposal facilities. 19 (n) Other information.--The plan shall include any other 20 information that the department may require. 21 (o) Noninterference with certain resource recovery 22 facilities and landfills.-- 23 (1) Except as provided in section 303(a)(4), no county <-- 24 municipal waste management plan shall interfere with any of 25 the following: 26 (i) The design, construction or operation of any 27 municipal waste processing, disposal or resource recovery 28 facility or the reasonable expansion of such facility or 29 municipal waste landfill that is part of a complete 30 municipal waste management plan submitted by a 19870S0528B1963 - 35 -
1 municipality or organization of municipalities under the 2 Solid Waste Management Act prior to the effective date of 3 this act or the date such plan is undertaken, whichever 4 is the later, and for which a complete permit application 5 under the Solid Waste Management Act is submitted to the 6 department within one year of the effective date of this 7 act. 8 (ii) The projects, plans or operations of a 9 municipality authority created under the act of May 2, 10 1945 (P.L.382, No.164), known as the Municipality 11 Authorities Act of 1945, or of an organization of 12 municipalities which (municipality authority or 13 organization of municipalities) is created by two or more 14 municipalities prior to the effective date of this act 15 for the purposes of providing for collection, storage, 16 transportation, processing or disposal of solid waste 17 generated within the municipalities and which 18 (municipality authority or organization of 19 municipalities) submits to the department within two 20 years of the effective date of this act, and has approved 21 by the department, a solid waste management plan, 22 consistent with the other provisions of this section, 23 that includes each member municipality. This subparagraph 24 applies to the projects, plans and operations of 25 municipalities which are members of the municipality 26 authority or organization of municipalities. 27 (2) Within 120 days after receiving a complete plan, the 28 department shall give it preliminary or technical approval 29 under 25 Pa. Code §§ 75.11 through 75.13 or disapprove it. 30 For the purposes of this subsection, the department shall 19870S0528B1963 - 36 -
1 determine whether applications are complete within 90 days of 2 their receipt and, if incomplete, specify to the applicant 3 all deficiencies of the application. 4 (1) NO COUNTY MUNICIPAL WASTE MANAGEMENT PLAN SHALL <-- 5 INTERFERE WITH THE DESIGN, CONSTRUCTION, OR OPERATION OF ANY 6 MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITY, INCLUDING 7 ANY REASONABLE EXPANSION OF AN EXISTING FACILITY, THAT MEETS 8 THE FOLLOWING REQUIREMENTS: 9 (I) THE FACILITY IS INCLUDED IN A COMPLETE PLAN 10 SUBMITTED, PRIOR TO THE EFFECTIVE DATE OF THIS ACT, BY A 11 MUNICIPALITY AUTHORITY CREATED UNDER THE ACT OF MAY 2, 12 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY 13 AUTHORITIES ACT OF 1945, OR AN ORGANIZATION OF 14 MUNICIPALITIES, WHICH MUNICIPAL AUTHORITY OR ORGANIZATION 15 OF MUNICIPALITIES WAS CREATED BY TWO OR MORE 16 MUNICIPALITIES FOR THE PURPOSE OF PROVIDING FOR THE 17 COLLECTION, STORAGE, TRANSPORTATION, PROCESSING OR 18 DISPOSAL OF SOLID WASTE GENERATED WITHIN THE 19 MUNICIPALITIES. 20 (II) A COMPLETE PERMIT APPLICATION FOR THE FACILITY 21 UNDER THE SOLID WASTE MANAGEMENT ACT IS SUBMITTED TO THE 22 DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE 23 ACT. 24 (2) WITHIN 120 DAYS AFTER RECEIVING A COMPLETE PLAN 25 SUBMITTED PURSUANT TO THIS SUBSECTION, THE DEPARTMENT SHALL 26 GIVE IT PRELIMINARY OR TECHNICAL APPROVAL UNDER 25 PA. CODE 27 §§ 75.11 (RELATING TO OFFICIAL PLANS) AND 75.13 (RELATING TO 28 OFFICIAL PLAN IMPLEMENTATION) OR DISAPPROVE IT. 29 (P) WASTE RETURN.--THE PLAN SHALL INCLUDE A PROVISION THAT 30 ALLOWS A MUNICIPAL WASTE AUTHORITY RECEIVING UNAUTHORIZED OR 19870S0528B1963 - 37 -
1 EMERGENCY SHIPMENTS OF MUNICIPAL WASTE FROM ANOTHER AUTHORITY TO 2 RETURN AN AMOUNT OF MUNICIPAL WASTE EQUAL TO THE AMOUNT OF 3 MUNICIPAL WASTE RECEIVED FROM THE AUTHORITY EXPERIENCING THE 4 EMERGENCY OR SENDING THE UNAUTHORIZED WASTE. 5 (Q) PUBLIC PARTICIPATION.--THE PLAN SHALL INCLUDE PROVISIONS 6 FOR PUBLIC PARTICIPATION IN THE IMPLEMENTATION OF THE PLAN, 7 INCLUDING, BUT NOT LIMITED TO, AN ADVISORY COMMITTEE TO PROVIDE 8 OVERSIGHT AND ADVICE ON THE IMPLEMENTATION OF THE PLAN. 9 Section 503. Development of municipal waste management plans. 10 (a) Advisory committee.--Prior to preparing a plan or 11 substantial plan revisions for submission to the department in 12 accordance with the provisions of this act, the county shall 13 form an advisory committee, which shall include representatives 14 of all classes of municipalities within the county, citizen 15 organizations, industry, the private solid waste industry 16 operating within the county, THE PRIVATE RECYCLING OR SCRAP <-- 17 MATERIAL PROCESSING INDUSTRY OPERATING WITHIN THE COUNTY, the 18 county recycling coordinator, if one exists, and any other 19 persons deemed appropriate by the county. The advisory committee 20 shall review the plan during its preparation, make suggestions 21 and propose any changes it believes appropriate. 22 (b) Written notice.--The county shall provide written notice 23 to all municipalities within the county when plan development 24 begins and shall provide periodic written progress reports to 25 such municipalities concerning the preparation of the plan. 26 (c) Review and comment.--Prior to adoption by the governing 27 body of the county, the county shall submit copies of the 28 proposed plan for review and comment to the department, all 29 municipalities within the county, all areawide planning agencies 30 and the county health department, if one exists. The county 19870S0528B1963 - 38 -
1 shall also make the proposed plan available for public review 2 and comment. The period for review and comment shall be 90 days. 3 The county shall hold at least one public hearing on the 4 proposed plan during this period. The plan subsequently 5 submitted to the governing body of the county for adoption shall 6 be accompanied by a document containing written responses to 7 comments made during the comment period. 8 (d) Adoption and ratification of plan.--The governing body 9 of the county shall adopt a plan within 60 days from the end of 10 the public comment period. Not later than ten days following 11 adoption of a plan by the governing body of the county, the plan 12 shall be sent to municipalities within the county for 13 ratification. If a municipality does not act on the plan within 14 90 days of its submission to such municipality, it shall be 15 deemed to have ratified the plan. If more than one-half of the 16 municipalities, representing more than one-half of the county's 17 population as determined by the most recent decennial census by 18 the United States Bureau of the Census, ratify the plan, then 19 the county within ten days of ratification shall submit the plan 20 to the department for approval. 21 (e) Statement of objections.--A municipality may not 22 disapprove of a proposed county plan unless the municipality's 23 resolution of disapproval contains a concise statement of its 24 objections to the plan. Each municipality disapproving a plan 25 shall immediately transmit a copy of its resolution of 26 disapproval to the county and the advisory committee. A 27 conditional approval shall be considered a disapproval. 28 Section 504. Failure to ratify plan. 29 (a) Submission.--If the plan is not ratified as provided in 30 section 503(d), the county shall meet with the advisory 19870S0528B1963 - 39 -
1 committee to discuss the reasons that the plan was not ratified. 2 The advisory committee shall submit a recommendation concerning 3 a revised county plan to the county within 45 days after it 4 becomes apparent that the plan has failed to obtain 5 ratification. The advisory committee's recommendation shall 6 specifically address the objections stated by municipalities in 7 their resolutions of disapproval of the county plan. 8 (b) Adoption of revised plan by county.--The governing body 9 of the county shall adopt a revised plan within 75 days after it 10 has become apparent that the original plan has failed to obtain 11 ratification. Not later than five days following adoption of a 12 revised plan by the governing body of the county, the plan shall 13 be sent to municipalities within the county for ratification. If 14 a municipality does not act on the revised plan within 45 days 15 of its submission to such municipality, it shall be deemed to 16 have ratified the plan. If more than one-half of the 17 municipalities, representing more than one-half of the county's 18 population as determined by the most recent decennial census by 19 the United States Bureau of the Census, ratify the revised plan, 20 then the county within ten days of ratification shall submit the 21 revised plan to the department for approval. 22 (c) Statement of objections.--A municipality may not 23 disapprove of a proposed revised county plan unless the 24 municipality's resolution of disapproval contains a concise 25 statement of its objections to the plan. Each municipality shall 26 immediately transmit a copy of its resolution of disapproval to 27 the county. 28 (d) Failure to ratify revised plan.--If the plan is not 29 ratified as provided in subsection (b), the county shall submit 30 the revised plan to the department for approval. The revised 19870S0528B1963 - 40 -
1 plan shall be submitted within ten days after it is apparent
2 that the plan has failed to obtain ratification and shall be
3 accompanied by the county's written response to the objections
4 stated by municipalities in the resolutions of disapproval.
5 Section 505. Review of municipal waste management plans.
6 (a) Departmental approval options.--Within 30 days after
7 receiving a complete plan, the department shall approve,
8 conditionally approve or disapprove it, unless the department
9 gives written notice that additional time is necessary to
10 complete its review. If the department gives such notice, it
11 shall have 30 additional days to render a decision.
12 (b) Minimum plan requirement.--The department shall approve
13 any county plan that demonstrates to the satisfaction of the
14 department that:
15 (1) The plan is complete and accurate, ACCURATE AND <--
16 CONSISTENT WITH THIS ACT AND REGULATIONS PROMULGATED
17 HEREUNDER.
18 (2) The plan provides for the maximum feasible
19 development and implementation of recycling programs.
20 (3) The plan provides for the TRANSPORTATION, processing <--
21 and disposal of municipal waste in a manner that is
22 consistent with the requirements of the Solid Waste
23 Management Act, and the regulations promulgated pursuant
24 thereto.
25 (4) The plan provides for the TRANSPORTATION, processing <--
26 and disposal of municipal waste for at least ten years.
27 (5) If the plan proposes that municipal waste generated
28 within the county's boundaries be required, by means other
29 than contracts, to be processed or disposed at a designated
30 facility, the plan explains the basis for doing so.
19870S0528B1963 - 41 -
1 (6) If the plan proposes that the county own or operate 2 a municipal waste processing or disposal facility, the plan 3 explains the basis for doing so. 4 (c) Zoning powers unaffected.--Nothing in this act shall be <-- 5 construed or understood to enlarge or diminish the authority of 6 municipalities to adopt ordinances pursuant to, or to exempt 7 persons acting under the authority of this act from the 8 provisions of the act of July 31, 1968 (P.L.805, No.247), known 9 as the Pennsylvania Municipalities Planning Code. 10 (C) ZONING POWERS UNAFFECTED.--NOTHING IN THIS ACT SHALL BE <-- 11 CONSTRUED OR UNDERSTOOD TO ENLARGE OR DIMINISH THE AUTHORITY OF 12 MUNICIPALITIES TO ADOPT ORDINANCES PURSUANT TO, OR TO EXEMPT 13 PERSONS ACTING UNDER THE AUTHORITY OF THIS ACT FROM THE 14 PROVISIONS OF, THE ACT OF JULY 31, 1968 (P.L.805, NO.247), KNOWN 15 AS THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE, EXCEPT THAT 16 ANY EXPANSION OF AN EXISTING MUNICIPAL WASTE LANDFILL OWNED AND 17 OPERATED BY ANY LOCAL PUBLIC AGENCY SHALL NOT BE REQUIRED TO 18 COMPLY WITH ANY ORDINANCE OR OTHER LOCAL REGULATION, PROVIDED 19 THE LOCAL PUBLIC AGENCY HAS RECEIVED A PERMIT FROM THE 20 DEPARTMENT PURSUANT TO THE PROVISIONS OF THE ACT OF JULY 7, 1980 21 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT. 22 Section 506. Contracts. 23 (a) General rule.--Except as otherwise provided in this act, 24 nothing in this act shall be construed to interfere with, or in 25 any way modify, the provisions of any contract for municipal 26 waste disposal, processing or collection in force in any county, 27 other municipality or municipal authority upon the effective 28 date of this act OR PRIOR TO THE ADOPTION PURSUANT TO THIS ACT <-- 29 OF A DEPARTMENT-APPROVED MUNICIPAL WASTE MANAGEMENT PLAN. 30 (b) Renewals.--No renewal of any existing contract upon the 19870S0528B1963 - 42 -
1 expiration or termination of the original term thereof, and no 2 new contract for municipal waste disposal, processing or 3 collection shall be entered into after the effective date of 4 this act, unless IF such renewal or such new contract shall <-- 5 FAILS TO conform to the applicable provisions of this act and OR <-- 6 INTERFERES WITH THE IMPLEMENTATION OF a department-approved 7 municipal waste management plan. 8 (c) Renegotiation option.--If no plan has been approved for <-- 9 the county, no contract renewal or new contract for municipal 10 waste disposal, processing or collection shall be entered into 11 unless such contract contains a provision for renegotiation to 12 conform to the approved plan when such plan is approved by the 13 department. 14 Section 507. Relationship between plans and permits. 15 (a) Limitation on permit issuance.--After the date of 16 departmental approval of a county municipal waste management 17 plan under section 505, the department may SHALL not issue any <-- 18 new permit, or any permit that results in additional capacity, 19 for a municipal waste landfill or resource recovery facility 20 under the act of July 7, 1980 (P.L.380, No.97), known as the 21 Solid Waste Management Act, in the county unless the applicant 22 demonstrates to the department's satisfaction that the proposed 23 facility: 24 (1) is provided for in the plan for the county; or 25 (2) meets all of the following requirements: 26 (i) The proposed facility will not interfere with 27 implementation of the approved plan. 28 (ii) The proposed facility will not interfere with 29 municipal waste collection, storage, transportation, 30 processing or disposal in the host county. 19870S0528B1963 - 43 -
1 (iii) The governing body of the proposed host county 2 has provided a written statement approving the location 3 of the proposed facility, or the proposed location of the 4 facility is preferable to alternative locations, giving 5 consideration to environmental and economic factors. 6 (b) Exemption.--This section shall not impose any limitation 7 on the department's authority to issue a permit in a county 8 prior to the department's approval of a municipal waste 9 management plan for the county under this act. 10 Section 508. Studies. 11 (a) Market development for recyclable municipal waste.-- 12 Within 15 months after the effective date of this act, the 13 department shall submit to the General Assembly a report that 14 describes: 15 (1) The current and projected capacity of existing 16 markets to absorb materials generated by municipal recycling 17 programs in this Commonwealth. 18 (2) Market conditions that inhibit or affect demand for 19 materials generated by municipal recycling programs. 20 (3) Potential opportunities to increase demand for and 21 use of materials generated by municipal recycling programs. 22 (4) Recommendations for specific actions to increase and 23 stabilize the demand for materials generated by municipal 24 recycling programs, including, but not limited to, proposed 25 legislation if necessary. 26 (5) Specific recommendations on markets for recycled 27 materials for each region of this Commonwealth. 28 (b) Update of market study.--Within three years after the 29 completion of the market development study described in 30 subsection (a), the department shall submit to the General 19870S0528B1963 - 44 -
1 Assembly an update of the study, taking into account information 2 developed since its completion. 3 (c) Waste reduction.--Within 24 months after the effective 4 date of this act, the department shall submit to the General 5 Assembly a report: 6 (1) That describes various mechanisms that could be 7 utilized to stimulate and enhance waste reduction, including 8 their advantages and disadvantages. The mechanisms to be 9 analyzed shall include, but not be limited to, incentives for 10 prolonging product life, methods for ensuring product 11 recyclability, taxes for excessive packaging, tax incentives, 12 prohibitions on the use of certain products and performance 13 standards for products. 14 (2) That includes recommendations to stimulate and 15 enhance waste reduction, including, but not limited to, 16 proposed legislation if necessary. 17 (d) Update of waste reduction study.--Within three years 18 after the completion of the waste reduction study described in 19 subsection (c), the department shall submit to the General 20 Assembly an update of the study, taking into account information 21 developed since its completion. 22 (E) DISTRIBUTION TO MUNICIPALITIES.--THE DEPARTMENT SHALL <-- 23 PROMPTLY MAKE AVAILABLE TO MUNICIPALITIES AND OTHER INTERESTED 24 PERSONS THE RESULTS OF THE STUDIES REQUIRED BY THIS SECTION. 25 Section 509. Best available technology. 26 (a) Publication of criteria.--The department, after public 27 notice and an opportunity for comment, shall publish in the 28 Pennsylvania Bulletin criteria for best available technology (as 29 defined in 25 Pa. Code § 121.1 (relating to definitions)) for 30 new resource recovery facilities. 19870S0528B1963 - 45 -
1 (b) Restriction on issuance of certain permits.--The
2 department shall not issue any approval or permit for a resource
3 recovery facility under the act of January 8, 1960 (1959
4 P.L.2119, No.787), known as the Air Pollution Control Act, that
5 is less stringent than any provision of the applicable best
6 available technology criteria. The department shall require any
7 resource recovery facility to operate in compliance with the
8 applicable best available technology criteria.
9 (c) Operation tests and reports.--The operator of any
10 resource recovery facility shall conduct tests for emissions of
11 particulate matter in accordance with standards of performance
12 for new sources specified by the United States Environmental
13 Protection Agency for incinerators, resource recovery facilities
14 and associated control devices and shall report the results in a
15 manner established by the department.
16 Section 510. Permit requirements.
17 (A) ASH RESIDUE DISPOSAL.--The department shall not issue <--
18 any approval or permit for a resource recovery facility under
19 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
20 Waste Management Act, unless the applicant has provided the
21 department with adequate documentation and assurances that all
22 FLY AND BOTTOM ash residue produced from or by a resource <--
23 recovery facility will be disposed at a SHALL BE: <--
24 (1) COLLECTED SEPARATELY; AND
25 (2) TESTED SEPARATELY TO DETERMINE ITS HAZARDOUS NATURE.
26 ASH RESIDUE DETERMINED TO BE HAZARDOUS WASTE AS DEFINED IN
27 THE SOLID WASTE MANAGEMENT ACT SHALL BE DISPOSED AT A
28 PERMITTED HAZARDOUS WASTE DISPOSAL FACILITY. ASH RESIDUE
29 DETERMINED NOT TO BE HAZARDOUS WASTE AS DEFINED IN THE SOLID
30 WASTE MANAGEMENT ACT SHALL BE DISPOSED AT A permitted
19870S0528B1963 - 46 -
1 landfill OR BY ANY OTHER METHOD APPROVED BY THE DEPARTMENT. <-- 2 Prior to the approval of any permit application for a 3 resource recovery facility, the operator shall submit a plan 4 to the department for the alternate disposal of municipal 5 waste designated for disposal at the resource recovery 6 facility. 7 (B) STUDY OF EFFECT ON WATER SUPPLY.--THE DEPARTMENT SHALL <-- 8 NOT ISSUE ANY APPROVAL OR PERMIT FOR A RESOURCE RECOVERY 9 FACILITY UNLESS THE APPLICANT HAS PROVIDED THE DEPARTMENT WITH A 10 STUDY THAT DOCUMENTS THE SHORT-TERM AND LONG-TERM EFFECTS THAT 11 THE PROJECT WILL HAVE ON THE PUBLIC AND PRIVATE WATER SUPPLY. 12 THE STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, EFFECTS OF 13 POLLUTION, CONTAMINATION, DIMINUTION, ALTERNATIVE SOURCES OF 14 WATER ADEQUATE IN QUANTITY AND QUALITY FOR THE PURPOSES SERVED 15 BY THE WATER SUPPLY BOTH PUBLIC AND PRIVATE. 16 Section 511. Site limitation. 17 (a) General rule.-- (A) GENERAL RULE.--No municipal waste <-- 18 landfill or resource recovery facility shall be located within 19 300 1,000 yards of a park, playground OR cemetery or school. The <-- 20 department shall not issue a permit to any operator of such a 21 landfill or facility as defined in this section. For purposes of 22 this section, a municipal waste landfill or resource recovery 23 facility shall include the processing, compacting, treatment, 24 storage, off-loading OR transferring. or in any other way <-- 25 dealing with municipal waste. 26 (b) Counties of the first class.--No new incinerators, trash 27 to steam facilities or mass burn facilities shall be constructed 28 in any city of the first class. 29 (B) CERTAIN LANDFILLS.--THE DEPARTMENT SHALL NOT ISSUE A <-- 30 PERMIT FOR, NOR ALLOW THE OPERATION OF, A NEW MUNICIPAL-WASTE 19870S0528B1963 - 47 -
1 LANDFILL, A NEW RESIDUAL-WASTE TREATMENT FACILITY OR A NEW 2 DISPOSAL FACILITY WITHIN 1,000 YARDS OF A BUILDING WHICH IS 3 OWNED BY A SCHOOL DISTRICT AND USED FOR INSTRUCTIONAL PURPOSES. 4 THIS SUBSECTION SHALL NOT AFFECT ANY MODIFICATION, EXTENSION, 5 ADDITION OR RENEWAL OF EXISTING PERMITTED FACILITIES. 6 Section 512. Issuance of permits. <-- 7 (a) General rule.--The department shall review and approve 8 or disapprove all applications for permits, permit modifications 9 and other determinations under the Solid Waste Management Act 10 within 90 days of the time the department determines that an 11 application for action is reasonably complete. The department 12 shall make a determination regarding whether an application is 13 reasonably complete within 45 days of the filing of an 14 application with the department and shall identify all areas in 15 which an application is incomplete when issuing a notice of 16 deficiency. The department shall review any amended application 17 filed in response to a notice of deficiency within 30 days of 18 the filing of the amended application with the department. 19 Nothing in this section shall prohibit the department and the 20 applicant from the agreeing to extend any deadline for action 21 provided by this section. Nothing in this section shall prohibit 22 the department from requesting and accepting supplemental 23 information, explanations and clarifications regarding the 24 content of an application prior to the deadline for department 25 action. 26 (b) Conditions.--Except as necessary to avoid an imminent 27 threat to the public health, safety or the environment, the 28 department shall not impose or modify conditions upon a permit 29 issued or impose or modify conditions upon operations or other 30 activities conducted under the Solid Waste Management Act 19870S0528B1963 - 48 -
1 without prior notice to the applicant or permittee and affording 2 the applicant or permittee an opportunity to comment upon the 3 proposed conditions. The department shall review comments 4 submitted in response to the proposed conditions and either 5 amend the conditions or explain in writing the department's 6 response to comments received from the applicant or permittee. 7 SECTION 512. COMPLETENESS REVIEW. <-- 8 (A) GENERAL RULE.--AFTER RECEIPT OF A PERMIT APPLICATION, 9 THE DEPARTMENT SHALL DETERMINE WHETHER THE APPLICATION IS 10 ADMINISTRATIVELY COMPLETE. FOR PURPOSES OF THIS SECTION, AN 11 APPLICATION IS ADMINISTRATIVELY COMPLETE IF IT CONTAINS 12 NECESSARY INFORMATION, MAPS, FEES AND OTHER DOCUMENTS, 13 REGARDLESS OF WHETHER THE INFORMATION, MAPS, FEES AND DOCUMENTS 14 WOULD BE SUFFICIENT FOR ISSUANCE OF THE PERMIT. 15 (1) IF THE APPLICATION IS NOT ADMINISTRATIVELY COMPLETE, 16 THE DEPARTMENT SHALL, WITHIN 60 DAYS OF RECEIPT OF THE 17 APPLICATION, RETURN IT TO THE APPLICANT, ALONG WITH A WRITTEN 18 STATEMENT OF THE SPECIFIC INFORMATION, MAPS, FEES AND 19 DOCUMENTS THAT ARE REQUIRED TO MAKE THE APPLICATION 20 ADMINISTRATIVELY COMPLETE. 21 (2) THE DEPARTMENT SHALL DENY THE APPLICATION IF THE 22 APPLICANT FAILS TO PROVIDE THE INFORMATION, MAPS, FEES AND 23 DOCUMENTS WITHIN 90 DAYS OF RECEIPT OF THE NOTICE IN 24 PARAGRAPH (1). 25 (B) REVIEW PERIOD.-- 26 (1) THE DEPARTMENT SHALL ISSUE OR DENY PERMIT 27 APPLICATIONS UNDER THIS ACT WITHIN THE FOLLOWING PERIODS OF 28 TIME: 29 (I) FOR MUNICIPAL WASTE AND DEMOLITION WASTE 30 LANDFILLS, WITHIN 12 MONTHS FROM THE DATE OF THE 19870S0528B1963 - 49 -
1 DEPARTMENT'S DETERMINATION UNDER SUBSECTION (A) THAT THE
2 APPLICATION IS ADMINISTRATIVELY COMPLETE.
3 (II) FOR ALL OTHER PERMITS, WITHIN SIX MONTHS FROM
4 THE DATE OF THE DEPARTMENT'S DETERMINATION UNDER
5 SUBSECTION (A) THAT THE APPLICATION IS ADMINISTRATIVELY
6 COMPLETE.
7 (2) THE TIME PERIODS IN PARAGRAPH (1) DO NOT INCLUDE A
8 PERIOD BEGINNING WITH THE DATE THAT THE DEPARTMENT IN WRITING
9 HAS REQUESTED THE APPLICANT TO MAKE SUBSTANTIVE CORRECTIONS
10 OR CHANGES TO THE APPLICATION AND ENDING WITH THE DATE THAT
11 THE APPLICANT SUBMITS THE CORRECTIONS OR CHANGES TO THE
12 DEPARTMENT'S SATISFACTION.
13 CHAPTER 7
14 RECYCLING FEE
15 Section 701. Recycling fee for municipal waste landfills and
16 resource recovery facilities.
17 (a) Imposition.--There is imposed a recycling fee of $1.25 <--
18 $2 per ton for all solid waste processed at resource recovery
19 facilities and for all solid waste except process residue and
20 nonprocessible waste from a resource recovery facility that is
21 disposed of at municipal waste landfills. Such fee shall be paid
22 by the operator of each municipal waste landfill and resource
23 recovery facility.
24 (b) Alternative calculation.--The fee for operators of
25 municipal waste landfills and resource recovery facilities that
26 do not weigh solid waste when it is received shall be calculated
27 as if three cubic yards were equal to one ton of solid waste.
28 (c) Waste weight requirement.--On and after January 1, 1988,
29 each operator of a municipal waste landfill and resource
30 recovery facility that has received 30,000 or more cubic yards
19870S0528B1963 - 50 -
1 of solid waste in the previous calendar year shall weigh all 2 solid waste when it is received. The scale used to weigh solid 3 waste shall conform to the requirements of the act of December 4 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act 5 of 1965, and the regulations promulgated pursuant thereto. The 6 operator of the scale shall be a licensed public weighmaster 7 under the act of April 28, 1961 (P.L.135, No.64), known as the 8 Public Weighmaster's Act, and the regulations promulgated 9 pursuant thereto. 10 (d) Sunset for fee.--No fee shall be imposed under this 11 section on and after the first day of the eleventh year 12 following the effective date of this act. FIVE YEARS AFTER THE <-- 13 EFFECTIVE DATE OF THIS ACT, THE ENVIRONMENTAL QUALITY BOARD 14 SHALL REVIEW THE FEE ESTABLISHED BY THIS SECTION AND DETERMINE 15 WHETHER THE FEE SHOULD BE RAISED OR LOWERED. IF THE 16 ENVIRONMENTAL QUALITY BOARD DECIDES THE FEE SHOULD BE CHANGED, 17 IT MAY PROMULGATE A REGULATION SETTING FORTH A DIFFERENT FEE. 18 THIS REGULATION SHALL SUPERSEDE THE FEE ESTABLISHED IN THIS 19 SECTION. 20 Section 702. Form and timing of recycling fee payment. 21 (a) Quarterly payments.--Each operator of a municipal waste 22 landfill and resource recovery facility shall make the recycling 23 fee payment quarterly. The fee shall be paid on or before the 24 20th day of April, July, October and January for the three 25 months ending the last day of March, June, September and 26 December. 27 (b) Quarterly reports.--Each recycling fee payment shall be 28 accompanied by a form prepared and furnished by the department 29 and completed by the operator. The form shall state the total 30 weight or volume of solid waste received by the facility during 19870S0528B1963 - 51 -
1 the payment period and provide any other aggregate information 2 deemed necessary by the department to carry out the purposes of 3 this act. The form shall be signed by the operator. 4 (c) Timeliness of payment.--The operator shall be deemed to 5 have made a timely payment of the recycling fee if the operator 6 complies with all of the following: 7 (1) The enclosed payment is for the full amount owed 8 pursuant to this section and no further departmental action 9 is required for collection. 10 (2) The payment is accompanied by the required form, and 11 such form is complete and accurate. 12 (3) The letter transmitting the payment that is received 13 by the department is postmarked by the United States Postal 14 Service on or prior to the final day on which the payment is 15 to be received. 16 (d) Discount.--Any operator that makes a timely payment of 17 the recycling fee as provided in this section shall be entitled 18 to credit and apply against the fee payable, a discount of 1% of 19 the amount of the fee collected. 20 (e) Refunds.--Any operator that believes he has overpaid the 21 recycling fee may file a petition for refund to the department. 22 If the department determines that the operator has overpaid the 23 fee, the department shall refund to the operator the amount due 24 him, together with interest at a rate established pursuant to 25 section 806.1 of the act of April 9, 1929 (P.L.343, No.176), 26 known as The Fiscal Code, from the date of overpayment. No 27 refund of the recycling fee shall be made unless the petition 28 for the refund is filed with the department within six months of 29 the date of the overpayment. 30 (f) Alternative proof of payment.--For purposes of this 19870S0528B1963 - 52 -
1 section, presentation of a receipt indicating that the payment 2 was mailed by registered or certified mail on or before the due 3 date shall be evidence of timely payment. 4 Section 703. Collection and enforcement of fee. 5 (a) Interest.--If an operator fails to make a timely payment 6 of the recycling fee, the operator shall pay interest on the 7 unpaid amount due at the rate established pursuant section 806 8 of the act of April 9, 1929 (P.L.343, No.176), known as The 9 Fiscal Code, from the last day for timely payment to the date 10 paid. 11 (b) Additional penalty.--In addition to the interest 12 provided in subsection (a), if an operator fails to make timely 13 payment of the recycling fee, there shall be added to the amount 14 of fee actually due 5% of the amount of such fee, if the failure 15 to file a timely payment is for not more than one month, with an 16 additional 5% for each additional month, or fraction thereof, 17 during which such failure continues, not exceeding 25% in the 18 aggregate. 19 (c) Assessment notices.-- 20 (1) If the department determines that any operator has 21 not made a timely payment of the recycling fee, it will send 22 the operator a written notice of the amount of the 23 deficiency, within 30 days of determining such deficiency. 24 When the operator has not provided a complete and accurate 25 statement of the weight or volume of solid waste received at 26 the facility for the payment period, the department may 27 estimate the weight or volume in its notice. 28 (2) The operator charged with the deficiency shall have 29 30 days to pay the deficiency in full or, if the operator 30 wishes to contest the deficiency, forward the amount of the 19870S0528B1963 - 53 -
1 deficiency to the department for placement in an escrow 2 account with the State Treasurer or any Pennsylvania bank, or 3 post an appeal bond in the amount of the deficiency. Such 4 bond shall be executed by a surety licensed to do business in 5 this Commonwealth and be satisfactory to the department. 6 Failure to forward the money or the appeal bond to the 7 department within 30 days shall result in a waiver of all 8 legal rights to contest the deficiency. 9 (3) If, through administrative or judicial review of the 10 deficiency, it is determined that the amount of deficiency 11 shall be reduced, the department shall within 30 days remit 12 the appropriate amount to the operator, with any interest 13 accumulated by the escrow deposit. 14 (4) The amount determined after administrative hearing 15 or after waiver of administrative hearing shall be payable to 16 the Commonwealth and shall be collectible in the manner 17 provided in section 1709. 18 (5) Any other provision of law to the contrary 19 notwithstanding, there shall be a statute of limitations of 20 five years upon actions brought by the Commonwealth pursuant 21 to this section. 22 (6) If any amount due hereunder remains unpaid 30 days 23 after receipt of notice thereof, the department may order the 24 operator of the facility to cease receiving any solid waste 25 until the amount of the deficiency is completely paid. 26 (d) Filing of appeals.--Notwithstanding any other provision 27 of law, all appeals of final department actions concerning the 28 resource recovery fee, including, but not limited to, petitions 29 for refunds, shall be filed with the Environmental Hearing 30 Board. 19870S0528B1963 - 54 -
1 (e) Constructive trust.--All recycling fees collected by an 2 operator and held by such operator prior to payment to the 3 department shall constitute a trust fund for the Commonwealth, 4 and such trust shall be enforceable against such operator, its 5 representatives and any person receiving any part of such fund 6 without consideration or with knowledge that the operator is 7 committing a breach of the trust. However, any person receiving 8 payment of lawful obligation of the operator from such fund 9 shall be presumed to have received the same in good faith and 10 without any knowledge of the breach of trust. 11 (f) Remedies cumulative.--The remedies provided to the 12 department in this section are in addition to any other remedies 13 provided at law or in equity. 14 Section 704. Records. 15 Each operator shall keep daily records of all deliveries of 16 solid waste to the facility as required by the department, 17 including, but not limited to, the name and address of the 18 hauler, the source of the waste, the kind of waste received and 19 the weight or volume of the waste. A copy of these records shall 20 be maintained at the site by the operator for no less than five 21 years and shall be made available to the department for 22 inspection, upon request. A COPY OF THESE RECORDS SHALL BE <-- 23 TRANSMITTED TO THE HOST MUNICIPALITY. 24 Section 705. Surcharge. 25 The provisions of any law to the contrary notwithstanding, 26 the operator may collect the fee imposed by this section as a 27 surcharge on any fee schedule established pursuant to law, 28 ordinance, resolution or contract for solid waste processing or 29 disposal operations at the facility. In addition, any person who 30 collects or transports solid waste subject to the recycling fee 19870S0528B1963 - 55 -
1 to a municipal waste landfill or resource recovery facility may 2 impose a surcharge on any fee schedule established pursuant to 3 law, ordinance, resolution or contract for the collection or 4 transportation of solid waste to the facility. The surcharge 5 shall be equal to the increase in disposal fees at the facility 6 attributable to the recycling fee. However, interest and 7 penalties on the fee under section 703(a) and (b) may not be 8 collected as a surcharge. 9 Section 706. Recycling Fund. 10 (a) Establishment.--All fees received by the department 11 pursuant to section 701 shall be paid into the State Treasury 12 into a special fund to be known as the Recycling Fund, which is 13 hereby established. 14 (b) Appropriation.--All moneys placed in the Recycling Fund 15 are hereby appropriated to the department for the purposes set 16 forth in this section. The department shall, from time to time, 17 submit to the Governor for his approval estimates of amounts to 18 be expended under this act. 19 (c) Allocations.--The department shall, to the extent 20 practicable, allocate the moneys received by the Recycling Fund, 21 including all interest generated thereon, in the following 22 manner over the life of the fund: 23 (1) At least 70% shall be expended by the department for 24 grants to municipalities for the development and 25 implementation of recycling programs as set forth in section 26 902, recycling coordinators as provided in section 903, FOR <-- 27 GRANTS FOR MUNICIPAL RECYCLING PROGRAMS AS SET FORTH IN 28 SECTION 904, and market development and waste reduction 29 studies as set forth in section 508; for implementation of 30 the recommendations in the studies required by section 508; 19870S0528B1963 - 56 -
1 and for research conducted or funded by the Department of
2 Transportation pursuant to section 1505.
3 (2) Up to 10% may be expended by the department for
4 grants for feasibility studies for municipal waste processing
5 and disposal facilities, except for facilities for the
6 combustion of municipal waste that are not proposed to be
7 operated for the recovery of energy as set forth in section
8 901.
9 (3) Up to 30% may be expended by the department for
10 public information, public education and technical assistance
11 programs concerning LITTER CONTROL, recycling and waste <--
12 reduction, including technical assistance programs for
13 counties and other municipalities, for research and
14 demonstration projects, for planning grants as set forth in
15 section 901, for the host inspector training program as set
16 forth in section 1102, and for other purposes consistent with
17 this act.
18 (4) AT LEAST $150,000 SHALL BE EXPENDED BY THE <--
19 DEPARTMENT FOR PUBLIC EDUCATION PROGRAMS CONCERNING, BUT NOT
20 LIMITED TO, LITTER CONTROL, RECYCLING AND WASTE REDUCTION.
21 THIS AMOUNT SHALL BE A COMPONENT OF THE 30% PROVIDED FOR IN
22 PARAGRAPH (3).
23 (4) (5) No more than 3% may be expended for the <--
24 collection and administration of moneys in the fund.
25 (d) Additional funding.--There is hereby appropriated to the
26 department from the General Fund the amount necessary to assure
27 payment of grants under section 902(a) provided the amount shall
28 not exceed 35% of the total amount of all grants awarded under
29 section 902(a).
30 (e) Transfer.--On the first day of the sixteenth year after
19870S0528B1963 - 57 -
1 the fee imposed by section 701 becomes effective, all moneys in 2 the Recycling Fund that are not obligated shall be transferred 3 to the Solid Waste Abatement Fund and expended in the same 4 manner as other moneys in the Solid Waste Abatement Fund. On the 5 first day of the nineteenth year after the fee imposed by 6 section 701 becomes effective, all moneys in the Recycling Fund 7 that are not expended shall be transferred to the Solid Waste 8 Abatement Fund and expended in the same manner as other moneys 9 in the Solid Waste Abatement Fund. 10 (f) Advisory committee.--The secretary shall establish a 11 Recycling Fund Advisory Committee composed of representatives of 12 counties, other municipalities, municipal authorities, the 13 municipal waste management industry, the municipal waste 14 recycling industry, municipal waste generating industry and the 15 general public. THE COMMITTEE SHALL ALSO INCLUDE MEMBERS OF THE <-- 16 GENERAL ASSEMBLY, ONE APPOINTED BY EACH OF THE FOLLOWING: THE 17 SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF 18 THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO TEMPORE OF THE 19 SENATE AND THE MINORITY LEADER OF THE SENATE. The committee 20 shall meet at least annually to review the Commonwealth's 21 progress in meeting the goals under section 102(c), to recommend 22 priorities on expenditures from the fund, and to advise the 23 secretary on associated activities concerning the administration 24 of the fund. The department shall reimburse members of the 25 committee for reasonable travel, hotel and other necessary 26 expenses incurred in performance of their duties under this 27 section. 28 (g) Annual reports.--The department shall submit an annual 29 report to the General Assembly on receipts to and disbursements 30 from the Recycling Fund in the previous fiscal year, projections 19870S0528B1963 - 58 -
1 for revenues and expenditures in the coming fiscal year, and the 2 Commonwealth's progress in achieving the goals set forth in 3 section 102(c). THE ANNUAL REPORT DUE TWO YEARS BEFORE THE <-- 4 EXPIRATION OF THE RECYCLING FEE UNDER SECTION 701(D) SHALL 5 CONTAIN A RECOMMENDATION WHETHER THE FEE SHOULD CONTINUE TO BE 6 IMPOSED AFTER THE EXPIRATION DATE AND, IF SO, THE PROPOSED 7 AMOUNT OF THE FEE. 8 CHAPTER 9 9 GRANTS 10 Section 901. Planning grants. 11 The department may SHALL, upon application from a county, <-- 12 award grants for the cost of preparing municipal waste 13 management plans in accordance with this act; for carrying out 14 related studies, surveys, investigations, inquiries, research 15 and analyses, including those related by siting; and for 16 environmental mediation. The department may also award grants 17 under this section for feasibility studies and project 18 development for municipal waste processing or disposal 19 facilities, except for facilities for the combustion of 20 municipal waste that are not proposed to be operated for the 21 recovery of energy. The application shall be made on a form 22 prepared and furnished by the department. The application shall 23 contain such information as the department deems necessary to 24 carry out the provisions and purposes of this act. The grant to 25 any county under this section shall be 50% 80% of the approved <-- 26 cost of such plans and studies. 27 Section 902. Grants for development and implementation of 28 municipal recycling programs. 29 (a) Authorization.--The department may SHALL award grants <-- 30 for development and implementation of municipal recycling 19870S0528B1963 - 59 -
1 programs, upon application from any municipality WHICH MEETS THE <-- 2 REQUIREMENTS OF THIS SECTION AND WHICH IS REQUIRED BY SECTION 3 1501 TO IMPLEMENT A RECYCLING PROGRAM. THE DEPARTMENT MAY AWARD 4 GRANTS FOR DEVELOPMENT AND IMPLEMENTATION OF MUNICIPAL RECYCLING 5 PROGRAMS, UPON APPLICATION FROM ANY MUNICIPALITY WHICH IS NOT 6 REQUIRED BY SECTION 1501 TO IMPLEMENT A RECYCLING PROGRAM AND 7 WHICH OTHERWISE MEETS THE REQUIREMENTS OF THIS SECTION. The 8 grant provided by this section may be used to identify markets, 9 develop a public education campaign, purchase collection and 10 storage equipment, and do other things necessary to establish a 11 municipal recycling program. The grant may be used to purchase 12 collection equipment, only to the extent needed for collection 13 of recyclable materials, and mechanical processing equipment, 14 only to the extent that such equipment is not available to the 15 program in the private sector. The application shall be made on 16 a form prepared and furnished by the department. The application 17 shall explain the structure and operation of the program and 18 shall contain such other information as the department deems 19 necessary to carry out the provisions and purposes of this act. 20 The grant under this section to a municipality required by 21 section 1501 to implement a recycling program shall be 80% 90% <-- 22 of the approved cost of establishing a municipal recycling 23 program. The grant under this section to a municipality not 24 required by section 1501 to implement a recycling program shall 25 be 80% UP TO 90% of the approved cost of establishing a <-- 26 municipal recycling program. In addition to the grant under this 27 section to a financially distressed municipality that is 28 required by section 1501 to implement a recycling program shall 29 be 20% of the approved cost of establishing a municipal 30 recycling program from grants authorized under section 203(f) of <-- 19870S0528B1963 - 60 -
1 the act of July 10, 1987 (P.L.246, No.47), known as the 2 Financial Distressed Municipalities Act. AUTHORIZED UNDER THE <-- 3 ACT OF JULY 9, 1986 (P.L.1223, NO.110), KNOWN AS THE FINANCIALLY 4 DISADVANTAGED MUNICIPALITIES MATCHING ASSISTANCE ACT. 5 (b) Prerequisites.--The department shall not award any grant 6 under this section unless it is demonstrated to the department's 7 satisfaction that: 8 (1) The application is complete and accurate. 9 (2) The recycling program for which the grant is sought 10 does not duplicate any other recycling programs operating 11 within the municipality. 12 (3) If the application APPLICANT is not required to <-- 13 implement a recycling program by section 1501, the 14 application describes the collection system for the program, 15 including: 16 (i) materials collected and persons affected; 17 (ii) contracts for the operation of the program; 18 (iii) markets or uses for collected materials, 19 giving consideration to the results of the market 20 development study required by section 508 if the results 21 are available; 22 (iv) ordinances or other mechanisms that will be 23 used to ensure that materials are collected; 24 (v) public information and education; 25 (vi) program economics, including avoided processing 26 or disposal costs; and 27 (vii) other information deemed necessary by the 28 department. 29 (c) Municipal retroactive grants with restrictions.--The 30 grant authorized by this section may be awarded to any 19870S0528B1963 - 61 -
1 municipality for eligible costs incurred for a municipal 2 recycling program after 60 days prior to the effective date of 3 this act. However, no grant may be authorized under this section 4 for a municipal recycling program that has received a grant from 5 the department under the act of July 20, 1974 (P.L.572, No.198), 6 known as the Pennsylvania Solid Waste - Resource Recovery 7 Development Act, except for costs that were not paid by such 8 grant. 9 (d) Priority.--Each municipality, other than a county, which <-- 10 establishes and implements a mandatory source separation and 11 collection program for recyclable materials shall be given the 12 same priority with municipalities subject to the requirements of 13 section 1501 for grants under this section. 14 Section 903. Grants for recycling coordinators. 15 (a) Authorization.--The department may award grants for the 16 salary and expenses of recycling coordinators, upon application 17 from any county. The application shall be made on a form 18 prepared and furnished by the department. The application shall 19 explain the duties and activities of the county recycling 20 coordinator. If a recycling coordinator has been active prior to 21 the year for which the grant is sought, the application shall 22 also explain the coordinator's activities and achievements in 23 the previous year. 24 (b) Limit on grant.--The grant under this section shall not 25 exceed 50% of the approved cost of the recycling coordinator's 26 salary and expenses. 27 SECTION 904. PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING <-- 28 PROGRAMS. 29 (A) AUTHORIZATION.--THE DEPARTMENT SHALL AWARD ANNUAL 30 PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS, UPON 19870S0528B1963 - 62 -
1 APPLICATION FROM A MUNICIPALITY. THE APPLICATION SHALL BE MADE
2 ON A FORM PREPARED AND FURNISHED BY THE DEPARTMENT. THE
3 APPLICATION SHALL CONTAIN SUCH INFORMATION AS THE DEPARTMENT
4 DEEMS NECESSARY TO CARRY OUT THE PROVISIONS AND PURPOSES OF THIS
5 ACT.
6 (B) AVAILABILITY.--THE DEPARTMENT SHALL AWARD A GRANT UNDER
7 THIS SUBSECTION TO A MUNICIPALITY BASED ON FACTORS SUCH AS:
8 (1) TYPE AND WEIGHT OF MUNICIPAL WASTE RECYCLED
9 ANNUALLY.
10 (2) TYPE AND VOLUME OF MUNICIPAL WASTE RECYCLED
11 ANNUALLY.
12 (3) UNIT COST TO COLLECT, STORE, TRANSPORT AND PREPARE
13 TO SELL TO RECYCLER.
14 (4) GRANTS OR OTHER SUBSIDY INCOME FROM SELLING MATERIAL
15 TO RECYCLER.
16 (5) TOTAL COST OF OPERATION.
17 (6) EFFECTIVENESS OF PROGRAM.
18 (C) AMOUNT.--THE AMOUNT OF THE GRANT SHALL BE BASED ON
19 AVAILABLE FUNDS UNDER SECTION 706 AND SHALL BE AVAILABLE TO ALL
20 MUNICIPALITIES WHICH HAVE A RECYCLING PROGRAM IN EXISTENCE ON OR
21 WILL INITIATE A PROGRAM AFTER THE EFFECTIVE DATE OF THIS ACT.
22 (D) PREREQUISITES.--THE DEPARTMENT SHALL NOT AWARD ANY GRANT
23 UNDER THIS SECTION UNLESS THE APPLICATION IS COMPLETE AND
24 ACCURATE, AND THE MATERIALS WERE ACTUALLY MARKETED.
25 Section 904 905. General limitations. <--
26 (a) Content of application.--Each grant application under
27 this chapter shall include provisions for an independent
28 performance audit, which shall be completed within six months
29 after all reimbursable work under the grant has been completed.
30 (b) Monetary limit on grant.--The department may not award
19870S0528B1963 - 63 -
1 more than 10% of the moneys available under any grant under this 2 chapter in any fiscal year to any county, including 3 municipalities within the county. 4 (c) Other limitations on grants.--The department may not 5 award any grant under this chapter to any county or municipality 6 that has failed to comply with the conditions set forth in 7 previously awarded grants under this chapter, the requirements 8 of this chapter, and any regulations promulgated pursuant 9 thereto. 10 (d) Lapse of grant.--A grant offering pursuant to this 11 chapter shall lapse automatically if funds for the grant are not 12 encumbered within one year of the offering. To obtain the grant 13 after an offering has lapsed, the grantee must submit a new 14 application in a subsequent funding period. 15 (e) Lapse of encumbered funds.--Grant funds that have been 16 encumbered shall lapse automatically to the recycling fund if 17 the funds are not expended within two years after they have been 18 encumbered. The department may, upon written request from the 19 grantee, extend the two-year period for an additional period of 20 up to three months. To obtain any funds that have lapsed to the 21 recycling fund, the grantee must submit a new application in a 22 subsequent funding period. 23 CHAPTER 11 24 ASSISTANCE TO MUNICIPALITIES 25 Section 1101. Information provided to host municipalities. 26 (a) Departmental information.--The department will provide 27 all of the following information to the governing body of host 28 municipalities for municipal waste landfills and resource 29 recovery facilities: 30 (1) Copies of each department inspection report for such 19870S0528B1963 - 64 -
1 facilities under the Solid Waste Management Act, the act of 2 June 22, 1937 (P.L.1987, No.394), known as The Clean Streams 3 Law, the act of January 8, 1960 (1959 P.L.2119, No.787), 4 known as the Air Pollution Control Act, and the act of 5 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 6 and Encroachments Act, within five working days after the 7 preparation of such reports. 8 (2) Prompt notification of all department enforcement or 9 emergency actions for such facilities, including, but not 10 limited to, abatement orders, cessation orders, proposed and 11 final civil penalty assessments, and notices of violation. 12 (3) Copies of all air and water quality monitoring data 13 collected by the department at such facilities, within five 14 working days after complete laboratory analysis of such data 15 becomes available to the department. 16 (b) Operator information.--Every operator of a municipal 17 waste landfill or resource recovery facility shall provide to 18 the host municipality copies of all air and water quality 19 monitoring data as required by the department for the facility 20 conducted by or on behalf of the operator, within five days 21 after such data becomes available to the operator. 22 (c) Public information.--All information provided to the 23 host municipality under this section shall be made available to 24 the public for review upon request. 25 (d) Information to county.--If the host municipality owns or 26 operates the municipal waste landfill or resource recovery 27 facility, or proposes to own or operate such landfill or 28 facility, the information required by this section shall be 29 provided to the county within which the landfill or facility is 30 located or proposed to be located instead of the host 19870S0528B1963 - 65 -
1 municipality. 2 (E) SIGN ON VEHICLE.--A VEHICLE OR CONVEYANCE USED FOR THE <-- 3 TRANSPORTING OF SOLID WASTE SHALL BEAR THE NAME AND BUSINESS 4 ADDRESS OF THE PERSON OR MUNICIPALITY WHICH OWNS THE VEHICLE OR 5 CONVEYANCE. 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. THE <-- 22 MUNICIPAL INSPECTOR HAS THE RIGHT TO HALT OPERATIONS OF THE 23 FACILITY IF THE INSPECTOR DETERMINES THAT THERE IS AN 24 IMMEDIATE THREAT TO HEALTH AND SAFETY. THIS HALT IN 25 OPERATIONS SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT 26 EVALUATES THE SITUATION AND DETERMINES WHETHER THERE IS A 27 CONTINUING NEED FOR THE HALT IN OPERATIONS. IF THE DEPARTMENT 28 DETERMINES THERE IS NO CONTINUING NEED FOR THE HALT IN 29 OPERATIONS, THE MUNICIPAL INSPECTOR HAS THE RIGHT TO APPEAL 30 THIS DETERMINATION TO THE COURT OF COMMON PLEAS, WHICH SHALL 19870S0528B1963 - 66 -
1 CONSIDER THE MATTER IMMEDIATELY. 2 (3) The department is authorized to pay for the host 3 inspection training program and to pay 50% of the approved 4 cost of employing a certified host municipality inspector for 5 a period not to exceed five years. 6 (b) Departmental information.-- 7 (1) Whenever any host municipality presents information 8 to the department which gives the department reason to 9 believe that any municipal waste landfill or resource 10 recovery facility is in violation of any requirement of the 11 act of June 22, 1937 (P.L.1987, No.394), known as The Clean 12 Streams Law, the act of January 8, 1960 (1959 P.L.2119, 13 No.787), known as the Air Pollution Control Act, the act of 14 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety 15 and Encroachments Act, and the Solid Waste Management Act, 16 any regulation promulgated pursuant thereto, or the condition 17 of any permit issued pursuant thereto, the department will 18 promptly conduct an inspection of such facility. 19 (2) The department will notify the host municipality of 20 this inspection and will allow a certified municipal 21 inspector from the host municipality to accompany the 22 inspector during the inspection. 23 (3) If there is not sufficient information to give the 24 department reasons to believe that there is a violation, the 25 department will provide a written explanation to the host 26 municipality of its decision not to conduct an inspection 27 within 30 days of the request for inspection. 28 (4) Upon written request of a host municipality to the 29 department, the department will allow a certified inspector 30 of such municipality to accompany department inspectors on 19870S0528B1963 - 67 -
1 routine inspections of municipal waste landfills and resource 2 recovery facilities. 3 (5) THE HOST MUNICIPAL INSPECTOR SHALL HAVE THE RIGHT TO <-- 4 INSPECT THE MUNICIPAL WASTE FACILITY INDEPENDENT OF THE 5 DEPARTMENT AT ANY TIME. 6 (c) County involvement.--If the host municipality owns or 7 operates the municipal waste landfill or resource recovery 8 facility, the training and inspection requirements of this 9 section shall be available to the county within which the 10 landfill or facility is located instead of the host 11 municipality. 12 Section 1103. Water supply testing for contiguous landowners. 13 (a) Required water sampling.--Upon written request from 14 persons owning land contiguous to a municipal waste landfill, 15 the operator of such landfill shall have quarterly sampling and 16 analysis conducted of private water supplies used by such 17 persons for drinking water. Such sampling and analysis shall be 18 conducted by a laboratory certified pursuant to the act of May 19 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe 20 Drinking Water Act. The laboratory shall be chosen by the 21 landowners from a list of regional laboratories supplied by the 22 department. Sampling and analysis shall be at the expense of the 23 landfill operator. Upon request the landfill operator shall 24 provide copies of the analyses to persons operating resource 25 recovery facilities that dispose of the residue from the 26 facilities at the landfill. 27 (b) Extent of analysis.--Water supplies shall be analyzed 28 for all parameters or chemical constituents determined by the 29 department to be indicative of typical contamination from 30 municipal waste landfills. The laboratory performing such 19870S0528B1963 - 68 -
1 sampling and analysis shall provide written copies of sample 2 results to the landowner and to the department. 3 (c) Additional sampling required.--If the analysis indicates 4 possible contamination from a municipal waste landfill, the 5 department may conduct, or require the landfill operator to have 6 the laboratory conduct, additional sampling and analysis to 7 determine more precisely the nature, extent and source of 8 contamination. 9 (d) Written notice of rights.--On or before 60 days from the 10 effective date of this act for permits issued under the Solid 11 Waste Management Act prior to the effective date of this act, 12 and at or before the time of permit issuance for permits issued 13 under the Solid Waste Management Act after the effective date of 14 this act, the operator of each municipal waste landfill shall 15 provide contiguous landowners with written notice of their 16 rights under this section on a form prepared by the department. 17 Section 1104. Water supply protection. 18 (a) Alternative water supply requirement.--Any person owning 19 or operating a municipal waste management facility that affects 20 a public or private water supply by pollution, contamination or 21 diminution shall restore or replace the affected supply with an 22 alternate source of water adequate in quantity or quality for 23 the purposes served by the water supply. If any person shall 24 fail to comply with this requirement, the department may issue 25 such orders to the person as are necessary to assure compliance. 26 (b) Notification to department.--Any landowner or water 27 purveyor suffering pollution, contamination or diminution of a 28 public or private water supply as a result of solid waste 29 disposal activities at a municipal waste management facility may 30 so notify the department and request that an investigation be 19870S0528B1963 - 69 -
1 conducted. Within ten days of such notification, the department 2 shall begin investigation of any such claims and shall, within 3 120 days of the notification, make a determination. If the 4 department finds that the pollution or diminution was caused by 5 the operation of a municipal waste management facility or if it 6 presumes the owner or operator of a municipal waste facility 7 responsible for pollution, contamination or diminution pursuant 8 to subsection (c), then it shall issue such orders to the owner 9 or operator as are necessary to insure compliance with 10 subsection (a). 11 (c) Rebuttable presumption.--Unless rebutted by one of the 12 four defenses established in subsection (d), it shall be 13 presumed that the owner or operator of a municipal waste 14 landfill is responsible for the pollution, contamination or 15 diminution of a public or private water supply that is within 16 one-quarter mile of the perimeter of the area where solid waste 17 disposal activities have been carried out. 18 (d) Defenses.--In order to rebut the presumption of 19 liability established in subsection (c), the owner or operator 20 must affirmatively prove by clear and convincing evidence one of 21 the following four defenses: 22 (1) The pollution, contamination or diminution existed 23 prior to any municipal waste landfill operations on the site 24 as determined by a preoperation survey. 25 (2) The landowner or water purveyor refused to allow the 26 owner or operator access to conduct a preoperation survey. 27 (3) The water supply is not within one-quarter mile of 28 the perimeter of the area where solid waste disposal 29 activities have been carried out. 30 (4) The owner or operator did not cause the pollution, 19870S0528B1963 - 70 -
1 contamination or diminution. 2 (e) Independent testing.--Any owner or operator electing to 3 preserve its defenses under subsection (d)(1) or (2) shall 4 retain the services of an independent certified laboratory to 5 conduct the preoperation survey of water supplies. A copy of the 6 results of any survey shall be submitted to the department and 7 the landowner or water purveyor in a manner prescribed by the 8 department. 9 (f) Other remedies preserved.--Nothing in this act shall 10 prevent any landowner or water purveyor who claims pollution, 11 contamination or diminution of a public or private water supply 12 from seeking any other remedy that may be provided at law or in 13 equity. 14 Section 1105. Purchase of cogenerated electricity. 15 (a) Request to public utility.--The owner or operator of a <-- 16 resource recovery facility may request that any public utility 17 enter into a contract providing for the interconnection of the 18 facility with the public utility and the purchase of electric 19 energy, or electric energy and capacity, produced and offered 20 for sale by the facility. The terms of any such contract shall 21 be in accordance with the Federal Public Utility Regulatory 22 Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117) and any 23 subsequent amendments, and any applicable Federal regulations 24 promulgated pursuant thereto, and the regulations of the 25 commission. 26 (b) Limited Public Utility Commission review.--A contract <-- 27 entered into between a resource recovery facility and a public 28 utility in accordance with subsection (a), shall be subject to a 29 one-time review and approval by the commission at the time the 30 contract is entered into, notwithstanding the provisions of 66 19870S0528B1963 - 71 -
1 Pa.C.S. § 508 (relating to power of the commission to vary, 2 reform and revise contracts). 3 Section 1106. Public Utility Commission. 4 (a) Application.--If the owner or operator of a resource 5 recovery facility and a public utility fail to agree upon the 6 terms and conditions of a contract for the purchase of electric 7 energy, or electric energy and capacity, within 90 days of the 8 request by the facility to negotiate such a contract, or if the 9 public utility fails to offer a contract, either the owner or 10 operator of the facility or the public utility may request the 11 commission to establish the terms and conditions of such a 12 contract. Such request may be for an informal consultation, a 13 petition for declaratory order or a formal complaint, as 14 appropriate under the circumstances. 15 (b) Commission response.--The commission shall respond to 16 any such request, unless time limits are waived by the owner or 17 operator and utility, as follows: 18 (1) If the request is for an informal consultation, such 19 consultation shall be held within 30 days, and commission 20 staff shall make its recommendation to the parties within 30 21 days after the last consultation or submittal of last 22 requested data, whichever is later. Such recommendation may 23 be oral or written, but shall not be binding on the parties 24 or commission. 25 (2) If the request is in the form of petition for 26 declaratory order, the petitioner shall comply with the 27 requirements of 52 Pa. Code § 5.41 et seq. (relating to 28 petitions) and 52 Pa. Code § 57.39 (relating to informal 29 consultation and commission proceedings). Within 30 days 30 after filing such petition, the commission or its staff 19870S0528B1963 - 72 -
1 assigned to the matter may request that the parties file 2 legal memoranda addressing any issues raised therein. Within 3 60 days after filing of such petition or legal memoranda, 4 whichever is later, the commission shall act to grant or deny 5 such petition. 6 (3) If the request is in the form of a formal complaint, 7 the case shall proceed in accordance with 66 Pa.C.S. § 101 et 8 seq. (relating to public utilities). However, the complaint 9 may be withdrawn at any time, and the matter may proceed as 10 set forth in paragraph (1) or (2). 11 (c) Status as public utility.--A resource recovery facility 12 shall not be deemed a public utility, as such is defined in 66 13 Pa.C.S. § 101 et seq., if such facility produces thermal energy 14 for sale to a public utility and/or ten or less retail 15 customers, all of whom agree to purchase from such facility 16 under mutually agreed upon terms, or if such facility produces 17 thermal energy for sale to any number of retail customers, all 18 of which are located on the same site or site contiguous to that 19 of the selling facility. 20 (d) Effect of section.--The provisions of this section shall 21 take effect notwithstanding the adoption or failure to adopt any 22 regulations by the Public Utility Commission regarding the 23 purchase of electric energy from qualifying facilities, as such 24 term is defined in section 210 of the Federal Public Utility 25 Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat. 26 3117) regulations and commission regulations. 27 Section 1107. Claims resulting from pollution occurrences. 28 (a) Financial responsibility.-- 29 (1) Any permit application by a person other than a 30 municipality or municipal authority under the Solid Waste 19870S0528B1963 - 73 -
1 Management Act for a municipal waste landfill or resource 2 recovery facility shall certify that the applicant has in 3 force, or will, prior to the initiation of operations under 4 the permit, have in force, financial assurances for 5 satisfying claims of bodily injury and property damage 6 resulting from pollution occurrences arising from the 7 operation of the landfill or facility. Such financial 8 assurances shall be in place until the effective date of 9 closure certification under the Solid Waste Management Act 10 and the regulations promulgated pursuant thereto, unless the 11 department determines that the landfill or facility may 12 continue to present a significant risk to the public health, 13 safety and welfare or the environment. 14 (2) The form and amount of such financial assurances 15 shall be specified by the department. The required financial 16 assurances may include, but are not limited to, the 17 following: 18 (i) A commercial pollution liability insurance <-- 19 policy. 20 (I) COMMERCIAL POLLUTION LIABILITY INSURANCE. <-- 21 (ii) A secured standby trust to become self-insured 22 that satisfies a financial test established by 23 regulation. 24 (iii) A trust fund financed by the person and 25 administered by an independent trustee approved by the 26 department. 27 (b) Municipal financial responsibility.-- 28 (1) Any permit application by a municipality or 29 municipal authority under the Solid Waste Management Act for 30 a municipal waste landfill or resource recovery facility 19870S0528B1963 - 74 -
1 shall certify that the applicant has in force, or will, prior 2 to the initiation of operations under the permit, have in 3 force, financial assurances for satisfying claims of bodily 4 injury and property damage resulting from pollution 5 occurrences arising from the operation of the landfill or 6 facility, to the extent that such claims are allowed by 42 7 Pa.C.S. Ch. 85 Subch. C (relating to actions against local 8 parties). Such financial assurances shall be in place until 9 the effective date of closure certification under the Solid 10 Waste Management Act and the regulations promulgated pursuant 11 thereto, unless the department determines that the landfill 12 or facility may continue to present a significant risk to the 13 public health, safety and welfare or the environment. 14 (2) The form and amount of such financial assurances 15 shall be specified by the department. The required financial 16 assurances may include, but are not limited to, the 17 following: 18 (i) A commercial pollution liability insurance <-- 19 policy. 20 (I) COMMERCIAL POLLUTION LIABILITY INSURANCE. <-- 21 (ii) A trust fund financed by the municipality and 22 administered by an independent trustee approved by the 23 department. 24 (iii) An insurance pool or self-insurance program 25 authorized by 42 Pa.C.S. § 8564 (relating to liability 26 insurance and self-insurance). 27 (3) In no case shall the department establish minimum 28 financial assurance amounts for a municipality that are 29 greater than the damage limitations established in 42 Pa.C.S. 30 Ch. 85 Subch. C. 19870S0528B1963 - 75 -
1 (c) Liability limited.--A host municipality or county or 2 municipality within the planning area may not be held liable for 3 bodily injury or property damage resulting from pollution 4 occurrences solely by reasons of participation in the 5 preparation or adoption of a county or municipal solid waste 6 plan. Nothing herein shall be construed to prevent any host 7 municipality, county or municipality within the planning area 8 from obtaining or giving such indemnities as may be appropriate 9 in connection with the ownership, operation or control of a 10 municipal solid waste facility. 11 (d) Effect on tort claims.--Nothing in this act shall be 12 construed or understood as in any way modifying or affecting the 13 provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C. 14 Section 1108. Site-specific postclosure fund. 15 (a) Establishment by county.--Each county shall establish an 16 interest-bearing trust with an accredited financial institution 17 for every municipal waste landfill that is operating within its 18 boundaries. This trust shall be established within 60 days of 19 the effective date of this act for landfills permitted by the 20 department prior to the effective date of this act. The trust 21 shall be established prior to the operation of any landfill 22 permitted by the department after the effective date of this 23 act. 24 (b) Purpose.--The trust created for any landfill by this 25 section may be used only for remedial measures and emergency 26 actions that are necessary to prevent or abate adverse effects 27 upon the environment after closure of the landfill. However, the 28 county may withdraw actual costs incurred in establishing and 29 administering the fund in an amount not to exceed 0.5% of the 30 moneys deposited in the fund. 19870S0528B1963 - 76 -
1 (c) Amount.--Each operator of a municipal waste landfill 2 shall pay into the trust on a quarterly basis an amount equal to 3 25¢ per ton of weighed waste or 25¢ per three cubic yards of 4 volume measured waste for all solid waste received at the 5 landfill. 6 (d) Trustee.--The trustee shall manage the trust in 7 accordance with all applicable laws and regulations, except that 8 moneys in the trust shall be invested in a manner that will 9 allow withdrawals as provided in subsection (f). The trustee 10 shall be a person whose trust activities are examined and 11 regulated by a State or Federal agency. The trustee may resign 12 only after giving 120 days' notice to the department and after 13 the appointment of a new trustee. The trustee shall have an 14 office located within the county where the landfill is located. 15 (e) Trust agreement.--The provisions of the trust agreement 16 shall be consistent with the requirements of this section and 17 shall be provided by the operator of the landfill on a form 18 prepared and approved by the department. The trust agreement 19 shall be accompanied by a formal certification of 20 acknowledgment. 21 (f) Withdrawal of funds.--The trustee may release moneys 22 from the trust only upon written request of the operator of a 23 landfill and upon prior written approval by the department. Such 24 request shall include the proposed amount and purpose of the 25 withdrawal and a copy of the department's written approval of 26 the expenditure. A copy of the request shall be provided to the 27 county and the host municipality. A copy of any withdrawal 28 document prepared by the trustee shall be provided to the 29 department, the county and the host municipality. No withdrawal 30 from this trust may be made until after the department has 19870S0528B1963 - 77 -
1 certified closure of the landfill. 2 (g) Abandonment of trust.--If the department certifies to 3 the trustee that the operator of a landfill has abandoned the 4 operation of the landfill or has failed or refused to comply 5 with the requirements of the Solid Waste Management Act, the 6 regulations promulgated pursuant thereto or the terms or 7 conditions of its permit, in any respect, the trustee shall 8 forthwith pay the full amount of the trust to the department. 9 The department may not make such certification unless it has 10 given 30 days' written notice to the operator, the county, and 11 the trustee of the department's intent to do so. 12 (h) Use of abandoned trust.--The department shall expend all 13 moneys collected pursuant to subsection (g) for the purposes set 14 forth in subsection (b). The department may expend money 15 collected from a trust for a landfill only for that landfill. 16 (i) Surplus.--Any moneys remaining in a trust subsequent to 17 final closure of a landfill under the Solid Waste Management Act 18 and the regulations promulgated pursuant thereto shall, upon 19 release of the bond by the department, be divided equally 20 between the county and the host municipality. 21 (j) Duty under law.--Nothing in this section shall be 22 understood or construed to in any way relieve the operator of a 23 municipal waste landfill of any duty or obligation imposed by 24 this act, the Solid Waste Management Act any other act 25 administered by the department, the regulations promulgated 26 pursuant thereto or the terms or conditions of any permit. 27 (k) Other remedies.--The remedies provided to the department 28 in this section are in addition to any other remedies provided 29 at law or in equity. 30 (l) County not liable.--Nothing in this section shall be 19870S0528B1963 - 78 -
1 understood or construed as imposing any additional 2 responsibility or liability upon the county for compliance of a 3 municipal waste landfill or resource recovery facility with the 4 requirements of this act, the Solid Waste Management Act and the 5 regulations promulgated pursuant thereto. 6 Section 1109. Trust fund for municipally operated landfills. 7 (a) Establishment of trust.--Except as provided in 8 subsection (b), each municipality or municipal authority 9 operating a landfill solely for municipal waste not classified 10 hazardous shall establish an interest-bearing trust with an 11 accredited financial institution. This trust shall be 12 established within 60 days of the effective date of this act for 13 landfills permitted by the department prior to the effective 14 date of this act. The trust shall be established prior to the 15 operation of any landfill permitted by the department after the 16 effective date of this act. 17 (b) Exemption.--Any municipality or municipal authority that 18 has posted a bond that is consistent with the provisions of the 19 Solid Waste Management Act and the regulations promulgated 20 pursuant thereto shall not be required to establish the trust 21 set forth in this section. 22 (c) Purpose.--The trust created for any landfill by this 23 section may be used only for completing final closure of the 24 landfill according to the permit granted by the department under 25 the Solid Waste Management Act and taking such measures as are 26 necessary to prevent adverse effects upon the environment. Such 27 measures include but are not limited to satisfactory monitoring, 28 postclosure care and remedial measures. 29 (d) Amount.--Each municipality or municipal authority 30 operating a landfill solely for municipal waste not classified 19870S0528B1963 - 79 -
1 hazardous shall pay into the trust on a quarterly basis an 2 amount determined by the department for each ton or cubic yard 3 of solid waste disposed at the landfill. This amount shall be 4 based on the estimated cost of completing final closure of the 5 landfill and the weight or volume of waste to be disposed at the 6 landfill prior to closure. 7 (e) Trustee.--The trustee shall manage the trust in 8 accordance with all applicable laws and regulations, except that 9 moneys in the trust shall be invested in a manner that will 10 allow withdrawals as provided in subsection (g). The trustee 11 shall be a person whose trust activities are examined and 12 regulated by a State or Federal agency. The trustee may resign 13 only after giving 120 days' notice to the department and after 14 the appointment of a new trustee. 15 (f) Trust agreement.--The provisions of the trust agreement 16 shall be consistent with the requirements of this section and 17 shall be provided by the municipality or municipal authority on 18 a form prepared and approved by the department. The trust 19 agreement shall be accompanied by a formal certification of 20 acknowledgment. 21 (g) Withdrawal of funds.--The trustee may release moneys 22 from the trust only upon written request of the municipality or 23 municipal authority and upon prior written approval by the 24 department. Such request shall include the proposed amount and 25 purpose of the withdrawal and a copy of the department's written 26 approval of the expenditure. A copy of the request shall be 27 provided to the host municipality. A copy of any withdrawal 28 document prepared by the trustee shall be provided to the 29 department and to the host municipality. No withdrawal from this 30 trust may be made until after closure of the landfill. 19870S0528B1963 - 80 -
1 (h) Abandonment of trust.--If the department certifies to 2 the trustee that the municipality or municipal authority has 3 abandoned the operation of the landfill or has failed or refused 4 to comply with the requirements of the Solid Waste Management 5 Act or the regulations promulgated pursuant thereto in any 6 respect, the trustee shall forthwith pay the full amount of the 7 trust to the department. The department may not make such 8 certification unless it has given 30 days' written notice to the 9 municipality or municipal authority and the trustee of the 10 department's intent to do so. 11 (i) Use of abandoned trust.--The department shall expend all 12 moneys collected pursuant to subsection (h) for the purposes set 13 forth in subsection (c). The department may expend money 14 collected from a trust for a landfill only for that landfill. 15 (j) Surplus.--Except for trusts that have been abandoned as 16 provided in subsection (h), any moneys remaining in a trust 17 subsequent to final closure of a landfill under the Solid Waste 18 Management Act and the regulations promulgated pursuant thereto 19 shall, upon certification of final closure by the department, be 20 returned to the municipality or municipal authority. 21 (k) Duty under law.--Nothing in this section shall be 22 understood or construed to in any way relieve the municipality 23 or municipal authority of any duty or obligation imposed by this 24 act, the Solid Waste Management Act, any other act administered 25 by the department, the regulations promulgated pursuant thereto, 26 or the terms or conditions of any permit. 27 (l) Other remedies.--The remedies provided to the department 28 in this section are in addition to any other remedies provided 29 at law or in equity. 30 Section 1110. Independent evaluation of permit applications. 19870S0528B1963 - 81 -
1 At the request of a host municipality, the department may 2 reimburse a host municipality for costs incurred for an 3 independent permit application review, by a professional 4 engineer who is licensed in this Commonwealth and who has 5 previous experience in preparing such permit applications, of an 6 application under the act of July 7, 1980 (P.L.380, No.97), 7 known as the Solid Waste Management Act, for a new municipal 8 waste landfill or resource recovery facility or that would 9 result in additional capacity for a municipal waste landfill or 10 resource recovery facility. Reimbursement shall not exceed 11 $10,000 per complete application. 12 Section 1111. Protection of capacity. 13 (a) New permits.--A permit issued by the department under <-- 14 the act of July 7, 1980 (P.L.380, No.97), known as the Solid 15 Waste Management Act, for a new municipal waste landfill or 16 resource recovery facility or that results in additional 17 capacity for a municipal waste landfill or resource recovery 18 facility shall include a permit condition setting forth the 19 weight or volume of municipal waste generated within the host 20 county that the operator shall allow to be delivered for 21 disposal or processing at the facility for a specified period. 22 (b) Existing permits.--Within six months after the effective 23 date of this act, the department shall modify each municipal 24 waste landfill and resource recovery facility permit issued 25 under the Solid Waste Management Act before the effective date 26 of this act. The permit modification shall consist of a permit 27 condition setting forth the weight or volume of municipal waste 28 generated within the host county that the operator shall allow 29 to be delivered to the facility for disposal or processing at 30 the facility for a specified period. 19870S0528B1963 - 82 -
1 (A) PERMIT CONDITION.--THE FOLLOWING PERMITS ISSUED BY THE <-- 2 DEPARTMENT UNDER THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN 3 AS THE SOLID WASTE MANAGEMENT ACT, SHALL INCLUDE A PERMIT 4 CONDITION, IF PROVIDED PURSUANT TO THIS SECTION WHICH REQUIRE 5 COMPLIANCE WITH AN AGREEMENT OR ARBITRATION AWARD, SETTING FORTH 6 THE WEIGHT OR VOLUME OF MUNICIPAL WASTE GENERATED WITHIN THE 7 COUNTY AND MUNICIPALITY, THE OPERATOR SHALL ALLOW AND THE RATES, 8 TERMS OF CONDITIONS WITH WHICH MUNICIPAL WASTE IS TO BE 9 DELIVERED FOR DISPOSAL OR PROCESSING AT THE FACILITY FOR A 10 SPECIFIED PERIOD: 11 (1) A PERMIT FOR A NEW MUNICIPAL WASTE LANDFILL OR 12 RESOURCE RECOVERY FACILITY. 13 (2) A PERMIT THAT RESULTS IN ADDITIONAL CAPACITY FOR A 14 MUNICIPAL WASTE LANDFILL OR RESOURCE RECOVERY FACILITY. 15 (3) IN THE CASE OF AN EXISTING FACILITY, A PERMIT 16 MODIFICATION THAT RESULTS IN AN INCREASE IN THE AVERAGE OR 17 MAXIMUM DAILY VOLUME OF WASTE THAT MAY BE RECEIVED FOR 18 PROCESSING OR DISPOSAL AT THE FACILITY. 19 (B) DETERMINATION.--THE PERMIT CONDITION SHALL BE DETERMINED 20 IN THE FOLLOWING MANNER: 21 (1) THE APPLICANT SHALL NOTIFY THE HOST COUNTY AND HOST 22 MUNICIPALITY UPON FILING AN APPLICATION FOR PERMIT PURSUANT 23 TO SUBSECTION (A). WITHIN 60 DAYS AFTER RECEIVING WRITTEN 24 NOTICE FROM THE APPLICANT THAT AN APPLICATION HAS BEEN FILED 25 WITH THE DEPARTMENT, THE HOST COUNTY AND HOST MUNICIPALITY 26 SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT AND THE 27 DEPARTMENT IF IT INTENDS TO NEGOTIATE WITH THE APPLICANT. IF 28 THE HOST COUNTY AND HOST MUNICIPALITY DOES NOT PROVIDE SUCH 29 NOTICE, AND IF THE PERMIT IS ISSUED, THE PERMIT CONDITION 30 SHALL STATE THAT NO WASTE CAPACITY IS RESERVED FOR THE HOST 19870S0528B1963 - 83 -
1 COUNTY AND HOST MUNICIPALITY. THE NEGOTIATION PERIOD SHALL 2 COMMENCE UPON THE DATE OF RECEIPT OF THE WRITTEN NOTICE TO 3 THE APPLICANT FROM THE HOST COUNTY AND HOST MUNICIPALITY AND 4 SHALL CONTINUE FOR 30 DAYS. THE ISSUES TO BE CONSIDERED IN 5 NEGOTIATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE WEIGHT 6 OR VOLUME OF CAPACITY RESERVED TO A HOST COUNTY AND HOST 7 MUNICIPALITY AND AN INCREASE IN THE AVERAGE VOLUME OF WASTE 8 IN AN AMOUNT UP TO THE AMOUNT OF CAPACITY SET ASIDE FOR 9 MUNICIPAL WASTE GENERATED WITHIN THE HOST COUNTY AND HOST 10 MUNICIPALITY. 11 (2) IF THE HOST COUNTY AND HOST MUNICIPALITY AND THE 12 APPLICANT AGREE TO A WEIGHT OR VOLUME OF WASTE CAPACITY TO BE 13 RESERVED FOR THE HOST COUNTY AND HOST MUNICIPALITY, THEY 14 SHALL NOTIFY THE DEPARTMENT IN WRITING. 15 (3) IF THE HOST COUNTY AND HOST MUNICIPALITY AND THE 16 APPLICANT HAVE FAILED TO REACH AN AGREEMENT WITHIN THE 30-DAY 17 NEGOTIATION PERIOD THEN EITHER PARTY TO THE DISPUTE, AFTER 18 WRITTEN NOTICE TO THE OTHER PARTY CONTAINING SPECIFICATIONS 19 OF THE ISSUE OR ISSUES IN DISPUTE, MAY REQUEST THE 20 APPOINTMENT OF A BOARD OF ARBITRATION PURSUANT TO PARAGRAPH 21 (7). SUCH NOTICE SHALL BE MADE IN WRITING TO THE OTHER PARTY 22 WITHIN FIVE DAYS OF THE END OF THE NEGOTIATION PERIOD. IN 23 MAKING THE DECISION AS TO THE TERMS OF THE AGREEMENT, THE 24 BOARD SHALL CONSIDER AMONG OTHER THINGS THE AVAILABILITY OF 25 DISPOSAL ALTERNATIVES TO THE HOST COUNTY AND HOST 26 MUNICIPALITY. SHOULD THE HOST COUNTY AND HOST MUNICIPALITY 27 FAIL TO REQUEST ARBITRATION WITHIN FIVE DAYS, THEN THE PERMIT 28 CONDITION SHALL STATE THAT NO WASTE CAPACITY IS RESERVED FOR 29 THE HOST COUNTY AND HOST MUNICIPALITY. 30 (4) IF THE COUNTY AND MUNICIPALITY ELECT TO NEGOTIATE 19870S0528B1963 - 84 -
1 WITH THE APPLICANT PURSUANT TO THIS SECTION, ANY AGREEMENT OR 2 ARBITRATION AWARD SHALL PROVIDE, UNLESS THE HOST COUNTY AND 3 HOST MUNICIPALITY AND APPLICANT AGREE OTHERWISE, THAT THE 4 COUNTY AND MUNICIPALITY SHALL UTILIZE THE CAPACITY RESERVED 5 IN AN AGREED UPON TIME FRAME. 6 (5) SHOULD THE APPLICANT AND THE HOST COUNTY AND HOST 7 MUNICIPALITY BE UNABLE TO AGREE TO THE TERMS OF THE AGREEMENT 8 GOVERNING SUCH UTILIZATION WITHIN 30 DAYS OF AN AGREEMENT OR 9 AN ARBITRATION AWARD AS TO THE WEIGHT OR VOLUME WASTE 10 CAPACITY TO BE RESERVED IN THE FACILITY, EITHER PARTY CAN 11 REQUEST THE APPOINTMENT OF AN ARBITRATION BOARD PURSUANT TO 12 PARAGRAPH (7). IN MAKING THE DECISION AS TO THE TERMS OF THE 13 AGREEMENT FOR UTILIZATION, THE BOARD SHALL CONSIDER, AMONG 14 OTHER THINGS, THE WEIGHT OR VOLUME OF CAPACITY RESERVED TO A 15 HOST COUNTY AND HOST MUNICIPALITY UNDER ANY PERMIT ISSUED 16 PURSUANT TO THIS SECTION, AN INCREASE IN THE AVERAGE VOLUME 17 OF WASTE IN AN AMOUNT UP TO THE AMOUNT OF CAPACITY SET ASIDE 18 FOR MUNICIPAL WASTE GENERATED WITHIN THE HOST COUNTY AND HOST 19 MUNICIPALITY, THE FINANCIAL VIABILITY OF THE FACILITY, THE 20 TERMS, INCLUDING THE RATES PER TON FOR DISPOSAL, OF THE 21 CONTRACTS ENTERED INTO BY THE APPLICANT FOR USE OF THE 22 FACILITY BY OTHER THAN THE HOST COUNTY AND HOST MUNICIPALITY. 23 (6) EXCEPT AS PROVIDED IN PARAGRAPH (1), THE DEPARTMENT 24 SHALL NOT ISSUE ANY PERMIT UNDER THIS SECTION UNLESS IT HAS 25 RECEIVED WRITTEN NOTICE OF AN AGREEMENT BETWEEN THE APPLICANT 26 AND HOST COUNTY AND HOST MUNICIPALITY AS TO THE WEIGHT OR 27 VOLUME OF CAPACITY TO BE RESERVED FOR THE HOST COUNTY AND 28 HOST MUNICIPALITY AS PROVIDED IN PARAGRAPH (2) OR UNLESS IT 29 HAS RECEIVED WRITTEN NOTICE THAT A BOARD OF ARBITRATION 30 APPOINTED PURSUANT TO PARAGRAPH (7) HAS SETTLED ALL ISSUES IN 19870S0528B1963 - 85 -
1 DISPUTE BETWEEN THE HOST COUNTY AND HOST MUNICIPALITY AND THE 2 APPLICANT. THE DEPARTMENT SHALL INCLUDE A PERMIT CONDITION 3 RESERVING SUCH CAPACITY PROVIDED FOR IN SUCH AGREEMENTS OR 4 ARBITRATION AWARDS. 5 (7) THE BOARD OF ARBITRATION SHALL BE COMPOSED OF THREE 6 PERSONS, ONE APPOINTED BY THE APPLICANT, ONE APPOINTED BY THE 7 HOST COUNTY AND HOST MUNICIPALITY AND A THIRD MEMBER TO BE 8 AGREED UPON BY THE APPLICANT AND SUCH HOST COUNTY AND HOST 9 MUNICIPALITY. THE MEMBERS OF THE BOARD REPRESENTING THE 10 APPLICANT AND THE HOST COUNTY AND HOST MUNICIPALITY SHALL BE 11 NAMED WITHIN FIVE DAYS FROM THE DATE OF THE REQUEST FOR THE 12 APPOINTMENT OF SUCH BOARD. IF, AFTER A PERIOD OF TEN DAYS 13 FROM THE DATE OF THE APPOINTMENT OF THE TWO ARBITRATORS 14 APPOINTED BY THE HOST COUNTY AND HOST MUNICIPALITY AND THE 15 APPLICANT, THE THIRD ARBITRATOR HAS NOT BEEN SELECTED BY 16 THEM, THEN EITHER ARBITRATOR MAY REQUEST THE AMERICAN 17 ARBITRATION ASSOCIATION, OR ITS SUCCESSOR IN FUNCTION, TO 18 FURNISH A LIST OF THREE MEMBERS OF SAID ASSOCIATION WHO ARE 19 RESIDENTS OF PENNSYLVANIA FROM WHICH THE THIRD ARBITRATOR 20 SHALL BE SELECTED. THE ARBITRATOR APPOINTED BY THE APPLICANT 21 SHALL ELIMINATE ONE NAME FROM THE LIST WITHIN FIVE DAYS AFTER 22 PUBLICATION OF THE LIST, FOLLOWING WHICH THE ARBITRATOR 23 APPOINTED BY THE HOST COUNTY AND HOST MUNICIPALITY SHALL 24 ELIMINATE ONE NAME FROM THE LIST WITHIN FIVE DAYS THEREAFTER. 25 THE INDIVIDUAL WHOSE NAME REMAINS ON THE LIST SHALL BE THE 26 THIRD ARBITRATOR AND SHALL ACT AS CHAIRMAN OF THE BOARD OF 27 ARBITRATION. THE BOARD OF ARBITRATION THUS ESTABLISHED SHALL 28 COMMENCE THE ARBITRATION PROCEEDINGS WITHIN TEN DAYS AFTER 29 THE THIRD ARBITRATOR IS SELECTED AND SHALL MAKE ITS 30 DETERMINATION WITHIN 30 DAYS AFTER THE APPOINTMENT OF THE 19870S0528B1963 - 86 -
1 THIRD ARBITRATOR. 2 (c) Department.--The department may take any action 3 authorized by statute that the department deems necessary to 4 ensure that operators of municipal waste landfills and resource 5 recovery facilities give priority to the disposal or processing 6 of municipal waste generated within the host county. 7 (D) CONSULTATION.--THE HOST COUNTY SHALL CONSULT WITH THE <-- 8 HOST MUNICIPALITY AS PART OF THE PROCEDURE SET FORTH UNDER THIS 9 SECTION. 10 SECTION 1112. WASTE VOLUMES. 11 (A) GENERAL RULE.--NO PERSON OR MUNICIPALITY OPERATING A 12 MUNICIPAL WASTE LANDFILL MAY RECEIVE SOLID WASTE AT THE LANDFILL 13 IN EXCESS OF THE MAXIMUM AND AVERAGE DAILY VOLUME APPROVED IN 14 THE PERMIT BY THE DEPARTMENT UNDER THE SOLID WASTE MANAGEMENT 15 ACT, OR AUTHORIZED BY ANY REGULATION PROMULGATED PURSUANT TO THE 16 SOLID WASTE MANAGEMENT ACT. 17 (B) NEW PERMITS.-- 18 (1) A PERMIT ISSUED BY THE DEPARTMENT UNDER THE SOLID 19 WASTE MANAGEMENT ACT FOR A NEW MUNICIPAL WASTE LANDFILL, OR 20 THAT RESULTS IN ADDITIONAL CAPACITY FOR A MUNICIPAL WASTE 21 LANDFILL, SHALL INCLUDE A PERMIT CONDITION SETTING FORTH THE 22 MAXIMUM AND AVERAGE VOLUMES OF SOLID WASTE THAT MAY BE 23 RECEIVED ON A DAILY BASIS. 24 (2) THE DEPARTMENT MAY NOT APPROVE ANY PERMIT 25 APPLICATION FOR A NEW MUNICIPAL WASTE LANDFILL, OR THAT WOULD 26 RESULT IN ADDITIONAL CAPACITY FOR A MUNICIPAL WASTE LANDFILL, 27 UNLESS THE APPLICANT DEMONSTRATES ALL OF THE FOLLOWING TO THE 28 DEPARTMENT'S SATISFACTION: 29 (I) THAT THE PROPOSED MAXIMUM AND AVERAGE DAILY 30 WASTE VOLUMES WILL NOT CAUSE OR CONTRIBUTE TO ANY 19870S0528B1963 - 87 -
1 VIOLATIONS OF THIS ACT; THE SOLID WASTE MANAGEMENT ACT; 2 ANY OTHER STATUTE ADMINISTERED BY THE DEPARTMENT; OR ANY 3 REGULATION PROMULGATED PURSUANT TO THIS ACT, THE SOLID 4 WASTE MANAGEMENT ACT OR ANY OTHER STATUTE ADMINISTERED BY 5 THE DEPARTMENT. 6 (II) THAT THE PROPOSED MAXIMUM AND AVERAGE DAILY 7 WASTE VOLUMES WILL NOT CAUSE OR CONTRIBUTE TO ANY PUBLIC 8 NUISANCE FROM ODORS, NOISES, DUST, TRUCK TRAFFIC OR OTHER 9 CAUSES. 10 (III) THAT THE PROPOSED MAXIMUM AND AVERAGE DAILY 11 WASTE VOLUMES WILL NOT INTERFERE WITH, OR CONTRADICT ANY 12 PROVISION CONTAINED IN, ANY APPLICABLE COUNTY SOLID WASTE 13 MANAGEMENT PLAN THAT HAS BEEN APPROVED BY THE DEPARTMENT. 14 (C) EXISTING PERMITS.--WITHIN SIX MONTHS AFTER THE EFFECTIVE 15 DATE OF THIS ACT, THE DEPARTMENT SHALL REVIEW THE DAILY VOLUME 16 LIMITS IN EACH MUNICIPAL WASTE LANDFILL PERMIT ISSUED UNDER THE 17 SOLID WASTE MANAGEMENT ACT BEFORE THE EFFECTIVE DATE OF THIS ACT 18 AND, THEREAFTER, TAKE ANY ACTION THAT IT DEEMS NECESSARY TO 19 CARRY OUT THE PROVISIONS AND PURPOSES OF THIS ACT AND THE SOLID 20 WASTE MANAGEMENT ACT. 21 (D) PERMIT MODIFICATION.--THE DEPARTMENT MAY NOT APPROVE ANY 22 PERMIT MODIFICATION REQUEST UNDER THE SOLID WASTE MANAGEMENT ACT 23 TO INCREASE DAILY VOLUMES OF SOLID WASTE RECEIVED AT A MUNICIPAL 24 WASTE LANDFILL UNLESS THE APPLICANT DEMONSTRATES ALL OF THE 25 FOLLOWING TO THE DEPARTMENT'S SATISFACTION: 26 (1) INCREASED DAILY VOLUMES WILL NOT CAUSE OR CONTRIBUTE 27 TO ANY VIOLATIONS OF THIS ACT; THE SOLID WASTE MANAGEMENT 28 ACT; ANY OTHER STATUTE ADMINISTERED BY THE DEPARTMENT; OR ANY 29 REGULATIONS PROMULGATED PURSUANT TO THIS ACT, THE SOLID WASTE 30 MANAGEMENT ACT OR ANY OTHER STATUTE ADMINISTERED BY THE 19870S0528B1963 - 88 -
1 DEPARTMENT. 2 (2) INCREASED DAILY VOLUMES WILL NOT CAUSE OR CONTRIBUTE 3 TO ANY PUBLIC NUISANCE FROM ODORS, NOISE, DUST, TRUCK TRAFFIC 4 OR OTHER CAUSES. 5 (3) INCREASED DAILY VOLUMES WILL NOT REDUCE THE 6 REMAINING LIFETIME OF A LANDFILL, BASED ON ITS REMAINING 7 PERMITTED CAPACITY, TO LESS THAN THREE YEARS FROM THE DATE OF 8 ISSUANCE OF THE PERMIT MODIFICATION. 9 (4) INCREASED DAILY VOLUMES WILL NOT INTERFERE WITH, OR 10 CONTRADICT ANY PROVISION CONTAINED IN, AN APPLICABLE COUNTY 11 SOLID WASTE MANAGEMENT PLAN THAT HAS BEEN APPROVED BY THE 12 DEPARTMENT. 13 (E) EMERGENCIES.-- 14 (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE 15 CONTRARY, THE DEPARTMENT SHALL IMMEDIATELY MODIFY A MUNICIPAL 16 WASTE LANDFILL OR RESOURCE RECOVERY FACILITY PERMIT TO ALLOW 17 INCREASED DAILY WASTE VOLUMES OR INCREASED MONTHLY WASTE 18 VOLUMES, OR BOTH, WHEN THE DEPARTMENT FINDS, IN WRITING, THAT 19 THIS ACTION IS NECESSARY TO PREVENT A PUBLIC HEALTH OR 20 ENVIRONMENTAL EMERGENCY AND PUBLISHES PUBLIC NOTICE OF THE 21 FINDING. ACTION UNDER THIS PARAGRAPH SHALL BE TAKEN PURSUANT 22 TO SECTION 503(E) OF THE SOLID WASTE MANAGEMENT ACT. 23 (2) WHEN THE DEPARTMENT DETERMINES THAT THE REMAINING 24 LIFETIME OF ANY MUNICIPAL WASTE LANDFILL, BASED ON ITS 25 REMAINING PERMITTED CAPACITY, IS THREE YEARS OR LESS, THE 26 LANDFILL OPERATOR SHALL GIVE WRITTEN NOTICE OF THE FINDING TO 27 ALL MUNICIPALITIES THAT GENERATE MUNICIPAL WASTE RECEIVED AT 28 THE LANDFILL. NOTICE SHALL BE GIVEN ANNUALLY THEREAFTER UNTIL 29 CLOSURE OF THE LANDFILL OR UNTIL THE DEPARTMENT HAS ISSUED A 30 PERMIT UNDER THE SOLID WASTE MANAGEMENT ACT EXPANDING THE 19870S0528B1963 - 89 -
1 CAPACITY OF THE LANDFILL TO MORE THAN THREE YEARS. THIS ACT 2 SHALL NOT BE UNDERSTOOD OR CONSTRUED TO IMPOSE ANY OBLIGATION 3 ON THE DEPARTMENT TO FIND ALTERNATIVE PROCESSING OR DISPOSAL 4 CAPACITY. 5 (F) ENFORCEMENT.--IN ADDITION TO ANY OTHER REMEDIES PROVIDED 6 AT LAW OR IN EQUITY, THE DEPARTMENT SHALL ASSESS A CIVIL PENALTY 7 OF AT LEAST $100 PER TON FOR EACH TON OF WASTE RECEIVED AT ANY 8 MUNICIPAL WASTE LANDFILL IN EXCESS OF THE DAILY OR MONTHLY 9 VOLUME LIMITATIONS SET FORTH IN ITS PERMIT. EXCEPT FOR THE 10 MINIMUM AMOUNT, THE PENALTY SHALL BE ASSESSED AND COLLECTED IN 11 THE MANNER SET FORTH IN SECTION 1704. EACH TON OF WASTE IN 12 EXCESS OF THE PERMIT SHALL BE CONSIDERED A SEPARATE VIOLATION OF 13 THIS ACT. 14 (G) PREFERENCE TO HOST COUNTY WASTE.--PURSUANT TO SECTION 15 1111(A), A FACILITY WILL GIVE A PREFERENCE TO WASTE GENERATED 16 WITHIN THE HOST COUNTY WHEN THE FACILITY RECEIVES AN INCREASE IN 17 ITS AVERAGE DAILY VOLUME. 18 CHAPTER 13 19 HOST MUNICIPALITY AND COUNTY BENEFIT FEE <-- 20 Section 1301. Host municipality benefit fee. 21 (a) Imposition.--There is imposed a host municipality 22 benefit fee upon the operator of each municipal waste landfill 23 or resource recovery facility that receives a new permit or 24 permit that results in additional capacity from the department 25 under the Solid Waste Management Act after the effective date of 26 this act. The fee shall be paid to the host municipality AND <-- 27 COUNTY. If the host municipality OR COUNTY owns or operates the <-- 28 landfill or facility, the fee shall not be imposed for waste 29 generated within such municipality OR COUNTY. If the landfill or <-- 30 facility is located within more than one host municipality OR <-- 19870S0528B1963 - 90 -
1 COUNTY, the fee shall be apportioned among them according to the 2 percentage of the permitted area located in each municipality 3 AND COUNTY. <-- 4 (b) Amount.--The fee is $1 $1.50 TO THE HOST MUNICIPALITY <-- 5 AND $1.50 TO THE COUNTY per ton of weighed solid waste or $1 per <-- 6 three cubic yards of volume-measured solid waste for all solid 7 waste received at a landfill or facility. 8 (c) Municipal options.--Nothing in this section or section 9 1302 shall prevent a host municipality AND COUNTY from receiving <-- 10 a higher fee or receiving the fee in a different form or at 11 different times than provided in this section and section 1302, 12 if the host municipality AND COUNTY and the operator of the <-- 13 municipal waste landfill or resource recovery facility agree in 14 writing. 15 SECTION 1302. HOST COUNTY BENEFIT FEE. <-- 16 (A) IMPOSITION.--THERE IS IMPOSED A HOST COUNTY BENEFIT FEE 17 UPON THE OPERATOR OF EACH MUNICIPAL WASTE LANDFILL OR RESOURCE 18 RECOVERY FACILITY THAT RECEIVES A NEW PERMIT OR PERMIT THAT 19 RESULTS IN ADDITIONAL CAPACITY FROM THE DEPARTMENT UNDER THE 20 SOLID WASTE MANAGEMENT ACT AFTER THE EFFECTIVE DATE OF THIS ACT. 21 THE FEE SHALL BE PAID TO THE HOST COUNTY. IF THE HOST COUNTY 22 OWNS OR OPERATES THE LANDFILL OR FACILITY, THE FEE SHALL NOT BE 23 IMPOSED FOR WASTE GENERATED WITHIN SUCH COUNTY. IF THE LANDFILL 24 OR FACILITY IS LOCATED WITHIN MORE THAN ONE HOST COUNTY, THE FEE 25 SHALL BE APPORTIONED AMONG THEM ACCORDING TO THE PERCENTAGE OF 26 THE PERMITTED AREA LOCATED IN EACH COUNTY. 27 (B) AMOUNT.--THE FEE IS 25¢ PER TON OF WEIGHED SOLID WASTE 28 OR 25¢ PER THREE CUBIC YARDS OF VOLUME-MEASURED SOLID WASTE FOR 29 ALL SOLID WASTE RECEIVED AT THE LANDFILL OR FACILITY. 30 (C) USE.--THE HOST COUNTY SHALL USE THE FUNDS COLLECTED 19870S0528B1963 - 91 -
1 PURSUANT TO THIS SECTION TO OFFSET ANY ENVIRONMENTAL DEGRADATION 2 OR TRANSPORTATION-RELATED COSTS THE COUNTY, OR MUNICIPALITIES 3 OTHER THAN THE HOST MUNICIPALITY IN THE COUNTY, MIGHT OTHERWISE 4 BEAR IN CONNECTION WITH THE OPERATION OF THE FACILITY. 5 (D) COUNTY OPTIONS.--NOTHING IN THIS CHAPTER SHALL PREVENT A 6 HOST COUNTY FROM RECEIVING THE FEE IN A DIFFERENT FORM OR AT 7 DIFFERENT TIMES THAN PROVIDED IN THIS CHAPTER, IF THE HOST 8 COUNTY AND THE OPERATOR OF THE MUNICIPAL WASTE LANDFILL OR 9 RESOURCE RECOVERY FACILITY AGREE IN WRITING. 10 Section 1302 1303. Form and timing of host municipality benefit <-- 11 fee payment. 12 (a) Quarterly payment.--Each operator subject to section <-- 13 1301 SECTIONS 1301 AND 1302 shall make the host municipality <-- 14 benefit fee payment quarterly. The fee shall be paid on or 15 before the twentieth day of April, July, October and January for 16 the three months ending the last day of March, June, September 17 and December. 18 (b) Quarterly reports.--Each host municipality benefit fee 19 AND HOST COUNTY BENEFIT FEE payment shall be accompanied by a <-- 20 form prepared and furnished by the department and completed by 21 the operator. The form shall state the weight or volume of solid 22 waste received by the landfill or facility during the payment 23 period and provide any other information deemed necessary by the 24 department to carry out the purposes of the act. The form shall 25 be signed by the operator. A copy of the form shall be sent to 26 the department at the same time that the fee and form are sent 27 to the host municipality. 28 (c) Timeliness of payment.--An operator shall be deemed to 29 have made a timely payment of the host municipality benefit fee 30 if all of the following are met: 19870S0528B1963 - 92 -
1 (1) The enclosed payment is for the full amount owed
2 pursuant to this section, and no further host municipality
3 action is required for collection.
4 (2) The payment is accompanied by the required form, and
5 such form is complete and accurate.
6 (3) The letter transmitting the payment that is received
7 by the host municipality is postmarked by the United States
8 Postal Service on or prior to the final day on which the
9 payment is to be received.
10 (d) Discount.--Any operator that makes a timely payment of
11 the host municipality benefit fee OR HOST COUNTY BENEFIT FEE as <--
12 provided in this section shall be entitled to credit and apply
13 against the fee payable by him a discount of 1% of the amount of
14 the fee collected by him.
15 (e) Alternative proof.--For purposes of this section,
16 presentation of a receipt indicating that the payment was mailed
17 by registered or certified mail on or before the due date shall
18 be evidence of timely payment.
19 Section 1303 1304. Collection and enforcement of fee. <--
20 (a) Interest.--If an operator fails to make a timely payment
21 of the host municipality benefit fee OR HOST COUNTY BENEFIT FEE, <--
22 the operator shall pay interest on the unpaid amount due at the
23 rate established pursuant section 806 of the act of April 9,
24 1929 (P.L.343, No.176), known as The Fiscal Code, from the last
25 day for timely payment to the date paid.
26 (b) Additional penalty.--In addition to the interest
27 provided in subsection (a), if an operator fails to make timely
28 payment of the host municipality benefit fee AND HOST COUNTY <--
29 BENEFIT FEE, there shall be added to the amount of fee actually
30 due 5% of the amount of such fee, if the failure to file a
19870S0528B1963 - 93 -
1 timely payment is for not more than one month, with an 2 additional 5% for each additional month, or fraction thereof, 3 during which such failure continues, not exceeding 25% in the 4 aggregate. 5 (c) Assessment notices.--If the host municipality OR HOST <-- 6 COUNTY determines that any operator of a municipal waste 7 landfill or resource recovery facility has not made a timely 8 payment of the host municipality benefit fee OR HOST COUNTY <-- 9 BENEFIT FEE, RESPECTIVELY, it will send a written notice for the 10 amount of the deficiency to such operator within 30 days from 11 the date of determining such deficiency. When the operator has 12 not provided a complete and accurate statement of the weight or 13 volume of solid waste received at the landfill or facility for 14 the payment period, the host municipality OR HOST COUNTY may <-- 15 estimate the weight or volume in its deficiency notice. 16 (d) Constructive trust.--All host municipality benefit fees 17 AND HOST COUNTY BENEFIT FEES collected by an operator and held <-- 18 by such operator prior to payment to the host municipality OR <-- 19 HOST COUNTY shall constitute a trust fund for the host 20 municipality OR HOST COUNTY, RESPECTIVELY, and such trust shall <-- 21 be enforceable against such operator, its representatives and 22 any person receiving any part of such fund without consideration 23 or with knowledge that the operator is committing a breach of 24 the trust. However, any person receiving payment of lawful 25 obligation of the operator from such fund shall be presumed to 26 have received the same in good faith and without any knowledge 27 of the breach of trust. 28 (e) Manner of collection.--The amount due and owing under 29 section 1301 OR 1302 shall be collectible by the host <-- 30 municipality OR HOST COUNTY, RESPECTIVELY, in the manner <-- 19870S0528B1963 - 94 -
1 provided in section 1709. 2 (f) Remedies cumulative.--The remedies provided to host 3 municipalities AND HOST COUNTIES in this section are in addition <-- 4 to any other remedies provided at law or in equity. 5 Section 1304 1305. Records. <-- 6 Each operator that is required to pay the Host Municipality <-- 7 Benefit Fee HOST MUNICIPALITY BENEFIT FEE OR HOST COUNTY BENEFIT <-- 8 FEE shall keep daily records of all deliveries of solid waste to 9 the landfill or facility, as required by the host municipality, 10 including, but not limited to, the name and address of the 11 hauler, the source of the waste, the kind of waste received and 12 the weight or volume of the waste. Such records shall be 13 maintained in Pennsylvania by the operator for no less than five 14 years and shall be made available to the host municipality AND <-- 15 HOST COUNTY for inspection upon request. 16 Section 1305 1306. Surcharge. <-- 17 The provisions of any law to the contrary notwithstanding, 18 the operator of any municipal waste landfill or resource 19 recovery facility subject to section 1301 OR 1302 may collect <-- 20 the host municipality benefit fee FEES as a surcharge on any fee <-- 21 schedule established pursuant to law, ordinance, resolution or 22 contract for solid waste disposal or processing operations at 23 the landfill or facility. In addition, any person who collects 24 or transports solid waste subject to the host municipality <-- 25 benefit fee to a municipal waste landfill or resource recovery 26 facility subject to section 1301 SECTIONS 1301 AND 1302 may <-- 27 impose a surcharge on any fee schedule established pursuant to 28 law, ordinance, resolution or contract for the collection or 29 transportation of solid waste to the landfill or facility. The 30 surcharge shall be equal to the increase in processing or 19870S0528B1963 - 95 -
1 disposal fees at the landfill or facility attributable to the 2 host municipality benefit fee AND HOST COUNTY BENEFIT FEE. <-- 3 However, interest and penalties on the fee under section 1303(a) 4 and (b) may not be collected as a surcharge. 5 SECTION 1307. PAYMENT OF RESIDENTIAL TAXES. <-- 6 WITH THE APPROVAL OF THE DEPARTMENT, THE OPERATOR SHALL 7 ESTABLISH A REASONABLE SURCHARGE ON RATES CHARGED FOR WASTE 8 DISPOSED AT THE REGIONAL FACILITY TO BE PAID TO THE HOST 9 MUNICIPALITY, HOST COUNTY AND HOST SCHOOL DISTRICT FOR THE 10 PAYMENT OF ALL MUNICIPAL, COUNTY AND SCHOOL DISTRICT PROPERTY 11 TAXES FOR INDIVIDUALS WHOSE PRIMARY RESIDENCE IS WITHIN ONE-HALF 12 MILE OF THE PERMIT AREA OR IS CONTIGUOUS TO THE PROPERTY OWNED 13 BY THE OPERATOR. THE OPERATOR SHALL CHOOSE WHICH METHOD OF 14 REIMBURSEMENT TO USE. FOR THE PURPOSE OF THIS SECTION, A PRIMARY 15 RESIDENCE IS THE PROPERTY IN WHICH THE OWNER RESIDES FOR AT 16 LEAST NINE MONTHS OF EACH YEAR PERIOD. 17 CHAPTER 15 18 RECYCLING AND WASTE REDUCTION 19 Section 1501. Municipal implementation of recycling programs. 20 (a) Large population.--Within two THREE years after the <-- 21 effective date of this act, each municipality other than a 22 county that has a population of 10,000 or more people shall 23 establish and implement a source separation and collection 24 program for recyclable materials in accordance with this 25 section. Population shall be determined by the most recent 26 decennial census by the Bureau of the Census of the United 27 States Department of Commerce. 28 (b) Small population.--Within three FOUR years after the <-- 29 effective date of this act, each municipality other than a 30 county that has a population of more than 5,000 people but less 19870S0528B1963 - 96 -
1 than 10,000 people, and which has a population density of more
2 than 300 people per square mile, shall establish and implement a
3 source separation and collection program for recyclable
4 materials in accordance with this section. Population shall be
5 determined based on the most recent decennial census by the
6 Bureau of the Census of the United States Department of
7 Commerce.
8 (c) Contents.--The source separation and collection program
9 shall include, at a minimum, the following elements:
10 (1) An ordinance or regulation adopted by the governing
11 body of the county or municipality, requiring all of the <--
12 following:
13 (i) Persons to separate at least three materials
14 deemed appropriate by the municipality from other
15 municipal waste generated at their homes, apartments and
16 other residential establishments and to store such
17 material until collection. The three materials shall be
18 chosen from the following: clear glass OR colored glass, <--
19 aluminum, steel and bimetallic cans, high-grade office
20 paper, newsprint, corrugated paper and plastics.
21 (ii) Persons to separate leaf waste from other
22 municipal waste generated at their homes, apartments and
23 other residential establishments until collection unless
24 those persons have otherwise provided for the composting
25 of leaf waste. THE GOVERNING BODY OF A MUNICIPALITY SHALL <--
26 ALLOW AN OWNER, LANDLORD OR AGENT OF AN OWNER OR LANDLORD
27 OF MULTIFAMILY RENTAL HOUSING PROPERTIES WITH FOUR OR
28 MORE UNITS TO COMPLY WITH ITS RESPONSIBILITIES UNDER THIS
29 SECTION BY ESTABLISHING A COLLECTION SYSTEM FOR
30 RECYCLABLE MATERIALS AT EACH PROPERTY. THE COLLECTION
19870S0528B1963 - 97 -
1 SYSTEM MUST INCLUDE SUITABLE CONTAINERS FOR COLLECTING 2 AND SORTING MATERIALS, EASILY ACCESSIBLE LOCATIONS FOR 3 THE CONTAINERS, AND WRITTEN INSTRUCTIONS TO THE OCCUPANTS 4 CONCERNING THE USE AND AVAILABILITY OF THE COLLECTION 5 SYSTEM. OWNERS, LANDLORDS AND AGENTS OF OWNERS OR 6 LANDLORDS WHO COMPLY WITH THIS ACT SHALL NOT BE LIABLE 7 FOR THE NONCOMPLIANCE OF OCCUPANTS OF THEIR BUILDINGS. 8 (iii) Persons to separate high grade office paper, 9 aluminum, corrugated paper and leaf waste and other 10 material deemed appropriate by the municipality generated 11 at commercial, municipal or institutional establishments 12 and from community activities and to store the material 13 until collection. The governing body of a municipality 14 shall exempt persons occupying commercial, institutional 15 and municipal premises ESTABLISHMENTS within its <-- 16 municipal boundaries from the source-separation <-- 17 requirements of the ordinance or regulation if those 18 persons have otherwise provided for the recycling of 19 materials they are required by this section to recycle. 20 To be eligible for an exemption under this subparagraph, 21 a commercial or institutional solid waste generator must 22 annually provide written documentation to the 23 municipality of the total number of tons recycled. 24 (2) A scheduled day, at least once per month, during 25 which separated materials are to be placed at the curbside or 26 a similar location for collection. 27 (3) A system, including trucks and related equipment, 28 that collects recyclable materials from the curbside or 29 similar locations at least once per month from each residence 30 or other person generating municipal waste in the county or 19870S0528B1963 - 98 -
1 municipality. THE MUNICIPALITY, OTHER THAN A COUNTY, SHALL <-- 2 EXPLAIN HOW THE SYSTEM WILL OPERATE, THE DATES OF COLLECTION, 3 THE RESPONSIBILITIES OF PERSONS WITHIN THE MUNICIPALITY AND 4 INCENTIVES AND PENALTIES. 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 shall 9 ESTABLISH A COMPREHENSIVE AND SUSTAINED PUBLIC INFORMATION AND <-- 10 EDUCATION PROGRAM CONCERNING RECYCLING PROGRAM FEATURES AND 11 REQUIREMENTS. AS A PART OF THIS PROGRAM, EACH MUNICIPALITY 12 SHALL, at least 30 days prior to the initiation of the recycling 13 program and at least once every six months thereafter, notify 14 all persons occupying residential, commercial, institutional and 15 municipal premises within its boundaries of the requirements of 16 the ordinance. The governing body of a municipality may, in its 17 discretion as it deems necessary and appropriate, place an 18 advertisement in a newspaper circulating in the municipality, 19 post a notice in public places where public notices are 20 customarily posted, including a notice with other official 21 notifications periodically mailed to residential taxpayers or 22 utilize any combination of the foregoing. 23 (e) Agreements.--A municipality may enter into a written 24 agreement with other persons, including persons transporting 25 municipal waste on the effective date of this act, pursuant to 26 which the persons undertake to fulfill some or all of the 27 municipality's responsibilities under this section. A person who 28 enters an agreement under this subsection shall be responsible 29 with the municipality for implementation of this section. 30 (f) Preference.--In implementing its recycling program, a 19870S0528B1963 - 99 -
1 municipality shall accord consideration for the collection, 2 marketing and disposition of recyclable materials to persons 3 engaged in the business of recycling on the effective date of 4 this act, whether or not the persons were operating for profit. 5 (G) RECYCLING BY OPERATOR.--AN OPERATOR OF A LANDFILL OR <-- 6 RESOURCE RECOVERY FACILITY MAY CONTRACT WITH A MUNICIPALITY TO 7 PROVIDE RECYCLING SERVICES IN LIEU OF THE CURBSIDE RECYCLING 8 PROGRAM. THE CONTRACT MUST ENSURE THAT AT LEAST 25% OF THE WASTE 9 RECEIVED IS RECYCLED. THE ECONOMIC AND ENVIRONMENTAL IMPACT OF 10 THE PROPOSED TECHNOLOGY USED FOR THE RECYCLING SHALL RECEIVE 11 PRIOR APPROVAL FROM THE DEPARTMENT. 12 (H) EXEMPTION.-- 13 (1) TWO YEARS AFTER A MUNICIPALITY IS REQUIRED BY THIS 14 SECTION TO ESTABLISH AND IMPLEMENT A MUNICIPAL RECYCLING 15 PROGRAM, IT MAY FILE WITH THE DEPARTMENT A WRITTEN REQUEST 16 FOR AN EXEMPTION FROM THIS SECTION. 17 (2) THE DEPARTMENT MAY NOT APPROVE A REQUEST FOR AN 18 EXEMPTION UNLESS THE MUNICIPALITY DEMONSTRATES ALL OF THE 19 FOLLOWING TO THE DEPARTMENT'S SATISFACTION: 20 (I) THE MUNICIPALITY HAS MADE TIMELY GRANT 21 APPLICATIONS TO THE DEPARTMENT UNDER SECTIONS 902 AND 22 904. 23 (II) FOR A PERIOD OF AT LEAST TWO YEARS, THE 24 MUNICIPALITY HAS EXERCISED ITS BEST EFFORTS TO IMPLEMENT 25 THE PROGRAM REQUIRED BY THIS SECTION. 26 (III) THE MUNICIPALITY HAS COLLECTED, TRANSPORTED, 27 PROCESSED AND MARKETED MATERIALS, OR HAS CONTRACTED FOR 28 THE COLLECTION, TRANSPORTATION, PROCESSING AND MARKETING 29 OF MATERIALS. 30 (IV) REASONABLE AND NECESSARY COSTS OF OPERATING THE 19870S0528B1963 - 100 -
1 PROGRAM EXCEED INCOME FROM THE SALE OF USED OR COLLECTED
2 MATERIAL, AVOIDED COSTS OF MUNICIPAL WASTE PROCESSING OR
3 DISPOSAL, AND GRANT MONEY RECEIVED FROM THE DEPARTMENT
4 PURSUANT TO SECTIONS 902 AND 904.
5 (3) IF THE DEPARTMENT APPROVES A REQUEST, THE
6 MUNICIPALITY SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
7 SECTION ON AND AFTER THE DATE OF THE DEPARTMENT'S APPROVAL.
8 HOWEVER, THE MUNICIPALITY SHALL IMMEDIATELY PAY TO THE
9 DEPARTMENT AN AMOUNT EQUAL TO THE DEPRECIATED VALUE OF ANY
10 CAPITAL EQUIPMENT, BUILDINGS, OR OTHER STRUCTURES OR
11 FACILITIES THAT WERE CONSTRUCTED OR OBTAINED THROUGH
12 DEPARTMENTAL GRANTS UNDER SECTIONS 902 AND 904.
13 Section 1502. Facilities operation and recycling.
14 (a) Leaf waste.--Two years after the effective date of this
15 act, no municipal waste landfill may accept for disposal, and no
16 resource recovery facility may accept for processing, other than
17 composting, truckloads LOADS composed primarily of leaf waste. <--
18 (b) Drop-off centers.--
19 (1) Two years after the effective date of this act, no
20 person may operate a municipal waste landfill, resource
21 recovery facility or transfer station unless the operator has
22 established at least one drop-off center for the collection
23 and sale of recyclable material, including, at a minimum,
24 clear glass, aluminum, high grade office paper and cardboard.
25 The center must be located at the facility or in a place that
26 is easily accessible to persons generating municipal waste
27 that is processed or disposed at the facility. Each drop-off
28 center must contain bins or containers where recyclable
29 materials may be placed and temporarily stored. If the
30 operation of the drop-off center requires attendants, the
19870S0528B1963 - 101 -
1 center shall be open at least eight hours per week, including 2 four hours during evenings or weekends. A PERSON WHO DEPOSITS <-- 3 NONRECYCLABLE MATERIAL IN A DROP-OFF CENTER ESTABLISHED UNDER 4 THIS SUBSECTION COMMITS A SUMMARY OFFENSE. 5 (2) Each operator shall, at least 30 days prior to the 6 initiation of the drop-off center program and at least once 7 every six months thereafter, notify all persons generating 8 municipal waste that is processed or disposed at the 9 facility. The operator shall place an advertisement in a 10 newspaper circulating in the municipality or provide notice 11 in another manner approved by the department. 12 (C) REMOVAL OF RECYCLABLE MATERIALS.--TWO YEARS AFTER THE <-- 13 EFFECTIVE DATE OF THIS ACT, NO PERSON MAY OPERATE A RESOURCE 14 RECOVERY FACILITY UNLESS THE OPERATOR HAS DEVELOPED A PROCESS 15 FOR THE SORTING OF MUNICIPAL WASTE PRIOR TO INCINERATION AND FOR 16 THE REMOVAL TO THE GREATEST EXTENT POSSIBLE OF RECYCLABLE 17 MATERIALS INCLUDING, BUT NOT LIMITED TO, PLASTICS, HIGH GRADE 18 OFFICE PAPER, ALUMINUM, CLEAR GLASS, AND NEWSPAPER, FROM THE 19 WASTE TO BE INCINERATED. THE DEPARTMENT, BY REGULATION, SHALL 20 ESTABLISH STANDARDS AND CRITERIA FOR THE SORTING AND REMOVAL 21 PROCESS. 22 (D) REMOVAL OF HAZARDOUS MATERIALS.--TWO YEARS AFTER THE 23 EFFECTIVE DATE OF THIS ACT, NO PERSON MAY OPERATE A RESOURCE 24 RECOVERY FACILITY UNLESS THE OPERATOR HAS DEVELOPED A PROCESS 25 FOR THE SORTING OF MUNICIPAL WASTE PRIOR TO INCINERATION AND FOR 26 THE REMOVAL TO THE GREATEST EXTENT POSSIBLE OF HAZARDOUS 27 MATERIALS, INCLUDING, BUT NOT LIMITED TO, PLASTICS, CORROSIVE 28 MATERIALS, BATTERIES, PRESSURIZED CANS AND HOUSEHOLD HAZARDOUS 29 MATERIALS, FROM THE WASTE TO BE INCINERATED. THE DEPARTMENT, BY 30 REGULATION, SHALL ESTABLISH STANDARDS AND CRITERIA FOR THE 19870S0528B1963 - 102 -
1 SORTING AND REMOVAL PROCESS. 2 Section 1503. Commonwealth recycling and waste reduction. 3 (a) Recycling.--Within two years after the effective date of 4 this act, each Commonwealth agency, in coordination with the 5 Department of General Services, shall establish and implement a 6 source separation and collection program for recyclable 7 materials produced as a result of agency operations, including, 8 at a minimum, aluminum, high grade office paper and corrugated 9 paper. The source separation and collection program shall 10 include, at a minimum, procedures for collecting and storing 11 recyclable materials, bins or containers for storing materials, 12 and contractual or other arrangements with buyers. 13 (b) Waste reduction.--Within two years after the effective 14 date of this act, each Commonwealth agency, in coordination with 15 the department of General Services, shall establish and 16 implement a waste reduction program for materials used in the 17 course of agency operations. The program shall be designed and 18 implemented to achieve the maximum feasible reduction of waste 19 generated as a result of agency operations. 20 (c) Use of composted materials.--All Commonwealth agencies 21 responsible for the maintenance of public lands in this 22 Commonwealth shall, to the maximum extent practicable and 23 feasible, give due consideration and preference to the use of 24 compost materials in all land maintenance activities which are 25 to be paid with public funds. 26 Section 1504. Procurement by Department of General Services. <-- 27 (a) Review of policies.-- 28 (1) The Department of General Services shall review and 29 revise its existing procurement procedures and specifications 30 for the purchase of products and materials to eliminate 19870S0528B1963 - 103 -
1 procedures and specifications that explicitly discriminate 2 against products and materials with recycled content. The 3 Department of General Services shall review and revise its 4 procedures and specifications on a continuing basis to 5 encourage the use of products and materials with recycled 6 content and shall, in developing new procedures and 7 specification, encourage the use of products and materials 8 with recycled content. 9 (2) The Department of General Services shall review and 10 revise its procurement procedures and specifications for the 11 purchase of products and materials to ensure, to the maximum 12 extent economically feasible, that the Department of General 13 Services purchases products or materials that may be recycled 14 or reused when these products are discarded. The Department 15 of General Services shall complete an initial review and 16 revision within one year from the effective date of this act. 17 The Department of General Services shall review and revise 18 its procedures and specifications on a continuing basis to 19 encourage the use of products and materials that may be 20 recycled or reused and shall, in developing new procedures 21 and specifications, encourage the use of products and 22 materials that may be recycled or reused. 23 (b) Bidding.-- 24 (1) A person who submits a bid to the Department of 25 General Services for a contract that includes the purchase of 26 products or materials shall certify, in writing, either the 27 percentage by weight of recycled content in the product that 28 is the subject of the bid or such other measure of recycled 29 content as may be set forth in the Department of General 30 Services' invitation for bids. A person may certify that the 19870S0528B1963 - 104 -
1 products or materials contain no recycled content. 2 (2) The Department of General Services shall, in issuing 3 an invitation for bids, require that all bidders who seek to 4 qualify for the preference set forth in subsection (c) 5 certify that the products or materials that are the subject 6 of the bid contain a minimum percentage of recycled content 7 that is set forth in the invitation for bids. 8 (c) Award of contracts.--Upon evaluation of bids opened for 9 every public contract by the Department of General Services that 10 includes the purchase of products or materials, the Department 11 of General Services shall identify the lowest responsible bidder 12 and any other responsible bidders whose prices exceed that of 13 the lowest responsible bidder by 5% or less who have certified 14 that the products or materials contain at least the minimum 15 percentage of recycled content that is set forth in the 16 Department of General Services' invitation for bids. If no 17 bidders offer products or materials with the minimum prescribed 18 recycled content, the Department of General Services shall award 19 the contract to the lowest responsible bidder. This subsection 20 does not apply to products and materials used in highway and 21 bridge maintenance. 22 (d) Rulemaking.--The Department of General Services may 23 adopt regulations as it deems necessary to carry out the 24 provisions and purposes of this section. 25 (e) Cooperation.--All Commonwealth agencies shall cooperate 26 with the Department of General Services in carrying out this 27 section. 28 (f) Annual report.--The Department of General Services shall 29 submit an annual report to the General Assembly concerning its 30 implementation of this section. This report shall include a 19870S0528B1963 - 105 -
1 description of what actions the Department of General Services 2 has taken in the previous year to implement this section. This 3 report shall be submitted on or before the anniversary of the 4 effective date of this act. 5 (g) Partial repeal.--Sections 2403(b), (c) and 2409(h) of 6 the act of April 9, 1929 (P.L.177, No.175), known as The 7 Administrative Code of 1929, are repealed to the extent that 8 they are inconsistent with subsection (c). 9 Section 1505. Procurement by Department of Transportation. 10 (a) Review of policies.-- 11 (1) The Department of Transportation shall review and 12 revise its existing procurement procedures and specifications 13 for the purchase of products and materials to eliminate 14 procedures and specifications that explicitly discriminate 15 against products and materials with recycled content and to 16 encourage the use of products and materials with recycled 17 content. The Department of Transportation shall complete an 18 initial review and revision within one year of the effective 19 date of this act. The Department of Transportation shall 20 review and revise its procedures and specifications on a 21 continuing basis to encourage the use of products and 22 materials with recycled content and shall, in developing new 23 procedures and specifications, encourage the use of products 24 and materials with recycled content. 25 (2) The Department of Transportation shall review and 26 revise its procurement procedures and specifications for the 27 purchase of products and materials to ensure, to the maximum 28 extent economically feasible, that the Department of 29 Transportation purchases products or materials that may be 30 recycled or reused when these products or materials are 19870S0528B1963 - 106 -
1 discarded. The Department of Transportation shall complete an 2 initial review and revision within one year of the effective 3 date of this act. The Department of Transportation shall 4 review and revise its procedures and specifications on a 5 continuing basis to encourage the use of products and 6 materials that may be recycled or reused and shall, in 7 developing new procedures and specifications, encourage the 8 use of products and materials that may be recycled or reused. 9 (b) Rulemaking.--The Department of Transportation may adopt 10 regulations as it deems necessary to carry out the provisions 11 and purposes of this section. 12 (c) Cooperation.--All Commonwealth agencies shall cooperate 13 with the Department of Transportation in carrying out this 14 section. 15 (d) Testing.--A person who believes that a particular 16 constituent of solid waste or any product or material with 17 recycled content may be beneficially used in lieu of another 18 product or material in the Commonwealth's transportation system 19 may request the Department of Transportation to evaluate that 20 constituent, product or material. The Department of 21 Transportation, in consultation with the department, shall 22 conduct a preliminary review of each proposal to identify which 23 proposals merit an evaluation. If the Department of 24 Transportation finds, after an evaluation, that the constituent, 25 product or material may be beneficially used, it shall amend its 26 procedures and specifications to allow the use of the 27 constituent product or material. 28 (e) Grants.--The Department of Transportation may award 29 research and demonstration grants concerning the potential 30 beneficial use of a particular constituent of solid waste, or 19870S0528B1963 - 107 -
1 any product or material with recycled content, in lieu of 2 another product or material in the Commonwealth's transportation 3 system. The application shall be made on a form prepared and 4 furnished by the Department of Transportation and shall contain 5 the information the Department of Transportation deems 6 necessary. 7 (f) Annual report.--The Department of Transportation shall 8 submit an annual report to the General Assembly concerning its 9 implementation of this section. This report shall include a 10 description of what actions the Department of Transportation has 11 taken in the previous year to implement this section. This 12 report shall be submitted on or before the anniversary of the 13 effective date of this act. 14 Section 1506. Procurement options for local public agencies and 15 certain Commonwealth agencies. 16 (a) General rule.--This section sets forth procurement 17 options for local public agencies. These procurement options are 18 also available to Commonwealth agencies for which materials are 19 not purchased by the Department of General Services or the 20 Department of Transportation. Nothing in this act shall be 21 construed to require the agencies to exercise the options set 22 forth in this section. 23 (b) Procedural options.--Each public agency subject to this 24 section may, at is discretion, do any of the following: 25 (1) Review and revise its procurement procedures and 26 specifications for purchases of paper, lubricating oil, tires 27 and other products or materials to eliminate procedures and 28 specifications that discriminate against recycled products or 29 materials. 30 (2) Review and revise its procurement procedures and 19870S0528B1963 - 108 -
1 specifications for purchases of paper, lubricating oil, tires 2 and other products or materials to ensure, to the maximum 3 extent economically feasible, that the agency purchases 4 products or materials that may be recycled or reused when 5 these products are discarded. 6 (3) Require that a person who submits a bid to the 7 agency for a contract for purchase products or materials for 8 use by or on behalf of the agency certify, in writing, either 9 the percentage by weight of recycled content in the product 10 or material that is the subject of the bid, or such other 11 measure of recycled content as may be set forth in the 12 agency's invitation for bids. 13 (4) Establish specifications for bids for public 14 contracts that require all bidders to propose that a stated 15 minimum percentage of products or materials to be used for 16 the contract be made from recycled material. 17 (c) Contract options.--Each public agency that is subject to 18 this section may, at its discretion, award contracts according 19 to one of the following methods, when the method is set forth in 20 the invitation for bids: 21 (1) Upon evaluation of bids opened for a public contract 22 by a public agency for the purchase of products or materials, 23 the public agency shall identify the lowest responsible 24 bidder and any other responsible bidders whose prices exceed 25 that of the lowest responsible bidder by a preference 26 percentage to be set forth in the invitation for bids, but 27 not more than 5% of the bid amount. If no bidders offer 28 products or materials with the minimum prescribed recycled 29 content, the agency shall award the contract to the lowest 30 responsible bidder. 19870S0528B1963 - 109 -
1 (2) Upon evaluation of bids opened for a public 2 contract, the agency shall identify the lowest responsible 3 bidder. Where there is a tie for lowest responsible bidder, 4 the agency in determining to whom to award the contract shall 5 consider, as one factor in its determination, which of the 6 bids provides for the greatest weight of recycled material in 7 the product or products to be purchased, or for the best 8 measure of recycled content other than weight as may be set 9 forth in the invitation for bids. 10 (d) Other laws.--The options set forth in this section may 11 be exercised, notwithstanding any other provision of law to the 12 contrary. 13 SECTION 1504. PROCUREMENT BY COMMONWEALTH AGENCIES. <-- 14 (A) INITIAL REVIEW.-- 15 (1) COMMONWEALTH AGENCIES SHALL REVIEW AND REVISE THEIR 16 EXISTING PROCUREMENT PROCEDURES AND SPECIFICATIONS FOR THE 17 PURCHASE OF GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND 18 PRINTING TO: 19 (I) ELIMINATE PROCEDURES AND SPECIFICATIONS THAT 20 EXPLICITLY DISCRIMINATE AGAINST GOODS, SUPPLIES, 21 EQUIPMENT, MATERIALS AND PRINTING WITH RECYCLED CONTENT; 22 AND 23 (II) ENCOURAGE THE USE OF GOODS, SUPPLIES, 24 EQUIPMENT, MATERIALS AND PRINTING WITH RECYCLED CONTENT. 25 (B) CONTINUING REVIEW.--COMMONWEALTH AGENCIES SHALL REVIEW 26 AND REVISE THEIR PROCEDURES AND SPECIFICATIONS ON A CONTINUING 27 BASIS TO ENCOURAGE THE USE OF GOODS, SUPPLIES, EQUIPMENT, 28 MATERIALS AND PRINTING WITH RECYCLED CONTENT AND SHALL, IN 29 DEVELOPING NEW PROCEDURES AND SPECIFICATIONS, ENCOURAGE THE USE 30 OF GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING WITH 19870S0528B1963 - 110 -
1 RECYCLED CONTENT. 2 (C) RECYCLED MATERIALS.-- 3 (1) COMMONWEALTH AGENCIES SHALL REVIEW AND REVISE THEIR 4 PROCUREMENT PROCEDURES AND SPECIFICATIONS FOR THE PURCHASE OF 5 GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING TO ENSURE, 6 TO THE MAXIMUM EXTENT ECONOMICALLY FEASIBLE, THAT SUCH 7 AGENCIES PURCHASE GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND 8 PRINTING THAT MAY BE RECYCLED OR REUSED WHEN SUCH GOODS, 9 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING ARE DISCARDED. 10 (2) COMMONWEALTH AGENCIES SHALL REVIEW AND REVISE THEIR 11 PROCUREMENT PROCEDURES AND SPECIFICATIONS ON A CONTINUING 12 BASIS TO ENCOURAGE THE USE OF GOODS, SUPPLIES, EQUIPMENT, 13 MATERIALS AND PRINTING THAT MAY BE RECYCLED OR REUSED. 14 (3) COMMONWEALTH AGENCIES SHALL ALSO, IN DEVELOPING NEW 15 PROCEDURES AND SPECIFICATIONS, ENCOURAGE THE USE OF GOODS, 16 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING THAT MAY BE 17 RECYCLED OR REUSED. 18 SECTION 1505. PROCUREMENT BY DEPARTMENT OF GENERAL SERVICES. 19 (A) BIDDING.--IN ISSUING INVITATIONS TO BID FOR THE PURCHASE 20 OF GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING, THE 21 DEPARTMENT OF GENERAL SERVICES SHALL SET FORTH A MINIMUM 22 PERCENTAGE OF RECYCLED CONTENT FOR THE GOODS, SUPPLIES, 23 EQUIPMENT, MATERIALS AND PRINTING THAT MUST BE CERTIFIED BY A 24 BIDDER IN ORDER TO QUALIFY FOR THE PREFERENCE IN SUBSECTION (B). 25 A PERSON MAY SUBMIT A BID THAT DOES NOT CERTIFY THAT THE GOODS, 26 SUPPLIES, EQUIPMENT, MATERIALS OR PRINTING CONTAIN SUCH MINIMUM 27 PERCENTAGE OF RECYCLED CONTENT. THE DEPARTMENT OF GENERAL 28 SERVICES MAY WAIVE THIS REQUIREMENT FOR GOODS, SUPPLIES, 29 EQUIPMENT, MATERIALS AND PRINTING THAT CANNOT BE PROCURED WITH 30 RECYCLED CONTENT. 19870S0528B1963 - 111 -
1 (B) PREFERENCE.--EVERY BIDDER FOR THE PURCHASE OF GOODS, 2 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING WHICH CERTIFIES THAT 3 THE GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING SUBJECT 4 TO THE BID CONTAIN THE MINIMUM PERCENTAGE OF RECYCLED CONTENT 5 THAT IS SET FORTH IN THE INVITATION FOR BIDS SHALL BE GRANTED A 6 PREFERENCE EQUAL TO 5% OF THE BID AMOUNT AGAINST ANY BIDDER THAT 7 HAS NOT SO CERTIFIED. 8 (C) TIES.--WHEN THERE IS A TIE FOR LOWEST RESPONSIBLE 9 BIDDER, THE DEPARTMENT OF GENERAL SERVICES MAY CONSIDER, AS ONE 10 FACTOR IN DETERMINING TO WHOM TO AWARD THE CONTRACT, WHICH OF 11 THE BIDS PROVIDES FOR THE GREATEST WEIGHT OF RECYCLED CONTENT IN 12 THE GOODS, SUPPLIES, EQUIPMENT, MATERIALS OR PRINTING, OR SUCH 13 OTHER MEASURE OF RECYCLED CONTENT AS MAY BE SET FORTH IN THE 14 INVITATION FOR BIDS. 15 (D) IMPLEMENTATION.--THE DEPARTMENT OF GENERAL SERVICES MAY 16 CARRY OUT THE PROVISIONS AND PURPOSES OF THIS SECTION THROUGH 17 APPROPRIATE CONTRACTUAL PROVISIONS AND INVITATIONS TO BID, 18 THROUGH THE ADOPTION OF SUCH REGULATIONS AS IT DEEMS NECESSARY, 19 OR BOTH. 20 (E) FEDERAL FUNDS.--THE PROVISIONS OF THIS SECTION SHALL NOT 21 BE APPLICABLE WHEN SUCH PROVISIONS MAY JEOPARDIZE THE RECEIPT OF 22 FEDERAL FUNDS. 23 (F) ADDITIONAL PROVISIONS.--THE REQUIREMENTS OF THIS SECTION 24 ARE IN ADDITION TO THOSE SET FORTH IN SECTION 1504 FOR THE 25 DEPARTMENT OF GENERAL SERVICES. 26 (G) COOPERATION.--ALL COMMONWEALTH AGENCIES SHALL COOPERATE 27 WITH THE DEPARTMENT OF GENERAL SERVICES IN CARRYING OUT THIS 28 SECTION. 29 (H) ANNUAL REPORT.--THE DEPARTMENT OF GENERAL SERVICES SHALL 30 SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY CONCERNING THE 19870S0528B1963 - 112 -
1 IMPLEMENTATION OF THIS SECTION. THIS REPORT SHALL INCLUDE A 2 DESCRIPTION OF WHAT ACTIONS THE DEPARTMENT OF GENERAL SERVICES 3 HAS TAKEN IN THE PREVIOUS YEAR TO IMPLEMENT THIS SECTION. THIS 4 REPORT SHALL BE SUBMITTED ON OR BEFORE THE ANNIVERSARY OF THE 5 EFFECTIVE DATE OF THIS ACT. 6 SECTION 1506. TESTING BY DEPARTMENT OF TRANSPORTATION. 7 (A) TESTING.--A PERSON WHO BELIEVES THAT A PARTICULAR 8 CONSTITUENT OF SOLID WASTE OR ANY PRODUCT OR MATERIAL WITH 9 RECYCLED CONTENT MAY BE BENEFICIALLY USED IN LIEU OF ANOTHER 10 PRODUCT OR MATERIAL IN THE COMMONWEALTH'S TRANSPORTATION SYSTEM 11 MAY REQUEST THE DEPARTMENT OF TRANSPORTATION TO EVALUATE THAT 12 CONSTITUENT, PRODUCT OR MATERIAL. THE DEPARTMENT OF 13 TRANSPORTATION, IN CONSULTATION WITH THE DEPARTMENT, SHALL 14 CONDUCT A PRELIMINARY REVIEW OF EACH PROPOSAL TO IDENTIFY WHICH 15 PROPOSALS MERIT AN EVALUATION. IF THE DEPARTMENT OF 16 TRANSPORTATION FINDS, AFTER AN EVALUATION, THAT THE CONSTITUENT, 17 PRODUCT OR MATERIAL MAY BE BENEFICIALLY USED, IT SHALL AMEND ITS 18 PROCEDURES AND SPECIFICATIONS TO ALLOW THE USE OF THE 19 CONSTITUENT PRODUCT OR MATERIAL. 20 (B) GRANTS.--THE DEPARTMENT OF TRANSPORTATION MAY AWARD 21 RESEARCH AND DEMONSTRATION GRANTS CONCERNING THE POTENTIAL 22 BENEFICIAL USE OF A PARTICULAR CONSTITUENT OF SOLID WASTE, OR 23 ANY PRODUCT OR MATERIAL WITH RECYCLED CONTENT, IN LIEU OF 24 ANOTHER PRODUCT OR MATERIAL IN THE COMMONWEALTH'S TRANSPORTATION 25 SYSTEM. THE APPLICATION SHALL BE MADE ON A FORM PREPARED AND 26 FURNISHED BY THE DEPARTMENT OF TRANSPORTATION AND SHALL CONTAIN 27 THE INFORMATION THE DEPARTMENT OF TRANSPORTATION DEEMS 28 NECESSARY. 29 (C) ANNUAL REPORT.--THE DEPARTMENT OF TRANSPORTATION SHALL 30 SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY CONCERNING ITS 19870S0528B1963 - 113 -
1 IMPLEMENTATION OF THIS SECTION. THIS REPORT SHALL INCLUDE A 2 DESCRIPTION OF WHAT ACTIONS THE DEPARTMENT OF TRANSPORTATION HAS 3 TAKEN IN THE PREVIOUS YEAR TO IMPLEMENT THIS SECTION. THIS 4 REPORT SHALL BE SUBMITTED ON OR BEFORE THE ANNIVERSARY OF THE 5 EFFECTIVE DATE OF THIS ACT. 6 (D) RULEMAKING.--THE DEPARTMENT OF TRANSPORTATION MAY ADOPT 7 REGULATIONS AS IT DEEMS NECESSARY TO CARRY OUT THIS SECTION. 8 (E) COOPERATION.--ALL COMMONWEALTH AGENCIES SHALL COOPERATE 9 WITH THE DEPARTMENT OF TRANSPORTATION IN CARRYING OUT THIS 10 SECTION. 11 SECTION 1507. PROCUREMENT PROCEDURES FOR LOCAL PUBLIC AGENCIES. 12 (A) PURPOSE.--EACH LOCAL PUBLIC AGENCY MAY, AT ITS 13 DISCRETION, REVIEW AND REVISE ITS PROCUREMENT PROCEDURES AND 14 SPECIFICATIONS FOR PURCHASES OF GOODS, SUPPLIES, EQUIPMENT, 15 MATERIALS AND PRINTING TO: 16 (1) ELIMINATE PROCEDURES AND SPECIFICATIONS THAT 17 EXPLICITLY DISCRIMINATE AGAINST GOODS, SUPPLIES, EQUIPMENT, 18 MATERIALS AND PRINTING WITH RECYCLED CONTENT; 19 (2) ENCOURAGE THE USE OF GOODS, SUPPLIES, EQUIPMENT, 20 MATERIALS AND PRINTING WITH RECYCLED CONTENT; AND 21 (3) ENSURE, TO THE MAXIMUM EXTENT ECONOMICALLY FEASIBLE, 22 THAT IT PURCHASES GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND 23 PRINTING THAT MAY BE RECYCLED OR REUSED WHEN SUCH GOODS, 24 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING ARE DISCARDED. 25 (B) OPTIONS.--THE OPTIONS SET FORTH IN THIS SECTION MAY BE 26 EXERCISED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 27 CONTRARY. 28 SECTION 1508. PROCUREMENT OPTIONS FOR LOCAL PUBLIC AGENCIES AND 29 CERTAIN COMMONWEALTH AGENCIES. 30 (A) GENERAL RULE.--THIS SECTION SETS FORTH PROCUREMENT 19870S0528B1963 - 114 -
1 OPTIONS FOR LOCAL PUBLIC AGENCIES. THESE PROCUREMENT OPTIONS ARE 2 ALSO AVAILABLE TO COMMONWEALTH AGENCIES OTHER THAN THE 3 DEPARTMENT OF GENERAL SERVICES. 4 (B) OPTIONS.--EACH PUBLIC AGENCY SUBJECT TO THIS SECTION 5 MAY, AT ITS DISCRETION, DO ANY OF THE FOLLOWING: 6 (1) IN ISSUING INVITATIONS TO BID FOR THE PURCHASE OF 7 GOODS, SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING, SET FORTH 8 A MINIMUM PERCENTAGE OF RECYCLED CONTENT FOR THE GOODS, 9 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING THAT MUST BE 10 CERTIFIED BY A BIDDER IN ORDER TO QUALIFY FOR THE PREFERENCE 11 IN THIS PARAGRAPH. A PERSON MAY SUBMIT A BID THAT DOES NOT 12 CERTIFY THAT THE GOODS, SUPPLIES, EQUIPMENT, MATERIALS OR 13 PRINTING CONTAIN SUCH MINIMUM PERCENTAGE OF RECYCLED CONTENT. 14 EVERY BIDDER FOR THE PURCHASE OF GOODS, SUPPLIES, EQUIPMENT, 15 MATERIALS AND PRINTING WHICH CERTIFIES THAT THE GOODS, 16 SUPPLIES, EQUIPMENT, MATERIALS AND PRINTING SUBJECT TO THE 17 BID CONTAIN THE MINIMUM PERCENTAGE OF RECYCLED CONTENT THAT 18 IS SET FORTH IN THE INVITATION FOR BIDS SHALL BE GRANTED A 19 PREFERENCE EQUAL TO 5% OF THE BID AMOUNT AGAINST ANY BIDDER 20 THAT HAS NOT SO CERTIFIED. 21 (2) ESTABLISH SPECIFICATIONS FOR BIDS FOR PUBLIC 22 CONTRACTS THAT REQUIRE ALL BIDDERS TO PROPOSE THAT A STATED 23 MINIMUM PERCENTAGE OF GOODS, SUPPLIES, EQUIPMENT, MATERIALS 24 OR PRINTING TO BE USED FOR THE CONTRACT BE MADE FROM RECYCLED 25 MATERIAL. 26 (3) UPON EVALUATION OF BIDS OPENED FOR A PUBLIC CONTRACT 27 FOR GOODS, SUPPLIES, EQUIPMENT, MATERIALS OR PRINTING, THE 28 AGENCY SHALL IDENTIFY THE LOWEST RESPONSIBLE BIDDER. WHERE 29 THERE IS A TIE FOR LOWEST RESPONSIBLE BIDDER, THE AGENCY 30 SHALL CONSIDER, AS ONE FACTOR IN DETERMINING TO WHOM TO AWARD 19870S0528B1963 - 115 -
1 THE CONTRACT, WHICH OF THE BIDS PROVIDES FOR THE GREATEST 2 WEIGHT OF RECYCLED CONTENT IN THE GOODS, SUPPLIES, EQUIPMENT, 3 MATERIALS OR PRINTING, OR SUCH OTHER MEASURE OF RECYCLED 4 CONTENT AS MAY BE SET FORTH IN THE INVITATION FOR BIDS. 5 (C) OTHER LAWS.--THE OPTIONS SET FORTH IN THIS SECTION MAY 6 BE EXERCISED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 7 CONTRARY. 8 Section 1507 1509. Recycling at educational institutions. <-- 9 The department, in consultation with the Department of 10 Education, shall develop guidelines for source separation and 11 collection of recyclable materials and for waste reduction in 12 primary and secondary schools, colleges and universities, 13 whether the schools, colleges and universities are public or 14 nonpublic. At a minimum, the guidelines shall address generated 15 in administrative offices, classrooms, dormitories and 16 cafeterias. The Department of Education shall distribute these 17 guidelines and encourage their implementation. The guidelines 18 shall be developed and distributed within two years of the 19 effective date of this act, except that the guidelines are not 20 required to be distributed to educational institutions that are 21 Commonwealth agencies implementing recycling programs under 22 section 1505 1503. <-- 23 SECTION 1510. RECYCLED PAPER PRODUCTS. <-- 24 (A) GENERAL RULE.--THE DEPARTMENT OF GENERAL SERVICES SHALL, 25 TO THE FULLEST EXTENT POSSIBLE WHEN CONTRACTING FOR PAPER OR 26 PAPER PRODUCTS, PURCHASE OR APPROVE FOR PURCHASE ONLY SUCH PAPER 27 OR PAPER PRODUCTS THAT ARE MANUFACTURED OR PRODUCED FROM 28 RECYCLED PAPER AS SPECIFIED IN SUBSECTION (B). 29 (B) IMPLEMENTATION.--THE PROVISIONS OF SUBSECTION (A) SHALL 30 BE IMPLEMENTED BY THE DEPARTMENT OF GENERAL SERVICES SO THAT, OF 19870S0528B1963 - 116 -
1 THE TOTAL VOLUME OF PAPER PURCHASED, RECYCLED PAPER COMPOSES AT 2 LEAST 10% OF THE VOLUME IN 1989, AT LEAST 25% OF THE VOLUME IN 3 1991 AND AT LEAST 40% OF THE VOLUME IN 1993. 4 (C) NEWSPRINT.--IN THE CASE OF THE PURCHASE OF NEWSPRINT AND 5 NEWSPRINT PRODUCTS, AT LEAST 40% OF THE SECONDARY WASTE PAPER 6 MATERIAL USED IN RECYCLED NEWSPRINT SHALL BE POSTCONSUMER 7 NEWSPAPER WASTE. 8 (D) APPLICATION OF SECTION.--THIS SECTION SHALL NOT APPLY TO 9 THE PURCHASE OF PAPER CONTAINERS FOR FOOD OR BEVERAGES. 10 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 11 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 12 SUBSECTION: 13 "POSTCONSUMER WASTE." ANY PRODUCT GENERATED BY A BUSINESS OR 14 CONSUMER WHICH HAS SERVED ITS INTENDED END USE, AND WHICH HAS 15 BEEN SEPARATED FROM SOLID WASTE FOR THE PURPOSES OF COLLECTION, 16 RECYCLING AND DISPOSITION AND WHICH DOES NOT INCLUDE SECONDARY 17 WASTE MATERIAL OR DEMOLITION WASTE. 18 "RECYCLED PAPER." ANY PAPER HAVING A TOTAL WEIGHT CONSISTING 19 OF NOT LESS THAN 20% SECONDARY WASTE PAPER MATERIAL IN 1989, NOT 20 LESS THAN 30% OF SAID MATERIAL IN 1991, NOT LESS THAN 40% OF 21 SAID MATERIAL IN 1993, AND NOT LESS THAN 50% OF SAID MATERIAL IN 22 1996 AND THEREAFTER, AND NOT LESS THAN 10% POSTCONSUMER WASTE 23 BEGINNING IN 1996. 24 "SECONDARY WASTE PAPER MATERIAL." PAPER WASTE GENERATED 25 AFTER THE COMPLETION OF A PAPERMAKING PROCESS, SUCH AS 26 POSTCONSUMER WASTE MATERIAL, ENVELOPE CUTTINGS, BINDERY 27 TRIMMINGS, PRINTING WASTE, CUTTING AND OTHER CONVERTING WASTE, 28 BUTT ROLLS AND MILL WRAPPERS. THE TERM SHALL NOT INCLUDE FIBROUS 29 WASTE GENERATED DURING THE MANUFACTURING PROCESS, SUCH AS FIBERS 30 RECOVERED FROM WASTEWATER OR TRIMMINGS OF PAPER MACHINE ROLLS, 19870S0528B1963 - 117 -
1 FIBROUS BY-PRODUCTS OF HARVESTING, EXTRACTIVE OR WOODCUTTING 2 PROCESS, OR FOREST RESIDUE SUCH AS BARK. 3 CHAPTER 17 4 ENFORCEMENT AND REMEDIES 5 Section 1701. Unlawful conduct. 6 (a) Offenses defined.--It shall be unlawful for any person 7 to: 8 (1) Violate, or cause or assist in the violation of, any 9 provision of this act, any regulation promulgated hereunder, 10 any order issued hereunder, or the terms or conditions of any 11 municipal waste management plan approved by the department 12 under this act. 13 (2) Fail to adhere to the schedule set forth in, or 14 pursuant to, this act for developing or submitting to the 15 department a municipal waste management plan. 16 (3) Fail to adhere to the schedule set forth in an 17 approved plan for planning, design, siting, construction or 18 operation of municipal waste processing or disposal 19 facilities. 20 (4) Act in a manner that is contrary to the approved 21 county plan or otherwise fail to act in a manner that is 22 consistent with the approved county plan. 23 (5) Fail to make a timely payment of the recycling fee 24 or host municipality benefit fee. 25 (6) Hinder, obstruct, prevent or interfere with the 26 department or its personnel in the performance of any duty 27 under this act. 28 (7) Hinder, obstruct, prevent or interfere with host 29 municipalities or their personnel in the performance of any 30 duty related to the collection of the host municipality 19870S0528B1963 - 118 -
1 benefit fee or in conducting any inspection authorized by 2 this act. 3 (8) Violate the provisions of 18 Pa.C.S. § 4903 4 (relating to false swearing) or 4904 (relating to unsworn 5 falsification to authorities) in complying with any provision 6 of this act, including, but not limited to, providing or 7 preparing any information required by this act. 8 (9) Fail to make any payment to the site-specific 9 postclosure fund or the trust fund for municipally operated 10 landfills in accordance with the provisions of this act. 11 (b) Public nuisance.--All unlawful conduct set forth in 12 subsection (a) shall also constitute a public nuisance. 13 Section 1702. Enforcement orders. 14 (a) Issuance.--The department may issue such orders to 15 persons as it deems necessary to aid in the enforcement of the 16 provisions of this act. Such orders may include, but shall not 17 be limited to, orders requiring persons to comply with approved 18 municipal waste management plans and orders requiring compliance 19 with the provisions of this act and the regulations promulgated 20 pursuant thereto. Any order issued under this act shall take 21 effect upon notice, unless the order specifies otherwise. An 22 appeal to the Environmental Hearing Board shall not act as a 23 supersedeas. The power of the department to issue an order under 24 this act is in addition to any other remedy which may be 25 afforded to the department pursuant to this act or any other 26 act. 27 (b) Compliance.--It shall be the duty of any person to 28 proceed diligently to comply with any order issued pursuant to 29 subsection (a). If such person fails to proceed diligently or 30 fails to comply with the order within such time, if any, as may 19870S0528B1963 - 119 -
1 be specified, such person shall be guilty of contempt and shall 2 be punished by the court in an appropriate manner, and for this 3 purpose, application may be made by the department to the 4 Commonwealth Court, which is hereby granted jurisdiction. 5 Section 1703. Restraining violations. 6 (a) Injunctions.--In addition to any other remedies provided 7 in this act, the department may institute a suit in equity in 8 the name of the Commonwealth where unlawful conduct or public 9 nuisance exists for an injunction to restrain a violation of 10 this act, the regulations promulgated pursuant thereto, any 11 order issued pursuant thereto, or the terms or conditions of any 12 approved municipal waste management plan, and to restrain the 13 maintenance or threat of a public nuisance. In any such 14 proceeding, the court shall, upon motion of the Commonwealth, 15 issue a prohibitory or mandatory preliminary injunction if it 16 finds that the defendant is engaging in unlawful conduct as 17 defined by this act or is engaged in conduct which is causing 18 immediate and irreparable harm to the public. The Commonwealth 19 shall not be required to furnish bond or other security in 20 connection with such proceedings. In addition to an injunction, 21 the court, in such equity proceedings, may levy civil penalties 22 as specified in section 1704. 23 (b) Jurisdiction.--In addition to any other remedies 24 provided for in this act, upon relation of any district attorney 25 of any county affected, or upon relation of the solicitor of any 26 county or municipality affected, an action in equity may be 27 brought in a court of competent jurisdiction for an injunction 28 to restrain any and all violations of this act or the 29 regulations promulgated pursuant thereto, or to restrain any 30 public nuisance. 19870S0528B1963 - 120 -
1 (c) Concurrent remedies.--The penalties and remedies 2 prescribed by this act shall be deemed concurrent, and the 3 existence of or exercise of any remedy shall not prevent the 4 department from exercising any other remedy hereunder, at law or 5 in equity. 6 (d) Venue.--Actions instituted under this section may be 7 filed in the appropriate court of common pleas or in the 8 Commonwealth Court, which courts are hereby granted jurisdiction 9 to hear such actions. 10 Section 1704. Civil penalties. 11 (a) Assessment.--In addition to proceeding under any other 12 remedy available at law or in equity for a violation of any 13 provision of this act, the regulations promulgated hereunder, 14 any order of the department issued hereunder, or any term or 15 condition of an approved municipal waste management plan, the 16 department may assess a civil penalty upon a person for such 17 violation. Such a penalty may be assessed whether or not the 18 violation was willful or negligent. In determining the amount of 19 the penalty, the department shall consider the willfulness of 20 the violation; the effect on the municipal waste planning 21 process; damage to air, water, land or other natural resources 22 of this Commonwealth or their uses; cost of restoration and 23 abatement; savings resulting to the person in consequence of 24 such violation; deterrence of future violations; and other 25 relevant factors. If the violation leads to issuance of a 26 cessation order, a civil penalty shall be assessed. 27 (b) Escrow.--When the department assesses a civil penalty, 28 it shall inform the person of the amount of the penalty. The 29 person charged with the penalty shall then have 30 days to pay 30 the penalty in full or, if the person wishes to contest either 19870S0528B1963 - 121 -
1 the amount of the penalty or the fact of the violation, either 2 to forward the proposed amount to the department for placement 3 in an escrow account with the State Treasurer or with a bank in 4 this Commonwealth or to post an appeal bond in the amount of the 5 penalty. The bond must be executed by a surety licensed to do 6 business in this Commonwealth and must be satisfactory to the 7 department. If, through administrative or judicial review of the 8 proposed penalty, it is determined that no violation occurred or 9 that the amount of the penalty shall be reduced, the department 10 shall, within 30 days, remit the appropriate amount to the 11 person, with an interest accumulated by the escrow deposit. 12 Failure to forward the money or the appeal bond to the 13 department within 30 days shall result in a waiver of all legal 14 rights to contest the violation or the amount of the penalty. 15 (c) Amount.--The maximum civil penalty which may be assessed 16 pursuant to this section is $10,000 per violation. Each 17 violation for each separate day and each violation of any 18 provision of this act, any regulation promulgated hereunder, any 19 order issued hereunder, or the terms or conditions of any 20 approved municipal waste management plan shall constitute a 21 separate offense under this section. 22 (d) Statute of limitations.--Notwithstanding any other 23 provision of law to the contrary, there shall be a statute of 24 limitations of five years upon actions brought by the 25 Commonwealth under this section. 26 Section 1705. Criminal penalties. 27 (a) Summary offense.--Any person, other than a municipal 28 official exercising his official duties, who violates any 29 provision of this act, any regulation promulgated hereunder, any 30 order issued hereunder, or the terms or conditions of any 19870S0528B1963 - 122 -
1 approved municipal waste management plan shall, upon conviction 2 thereof in a summary proceeding, be sentenced to pay a fine of 3 not less than $100 and not more than $1,000 and costs and, in 4 default of the payment of such fine and costs, to undergo 5 imprisonment for not more than 30 days. 6 (b) Misdemeanor offense.--Any person, other than a municipal 7 official exercising his official duties, who violates any 8 provision of this act, any regulation promulgated hereunder, any 9 order issued hereunder, or the terms or conditions of any 10 approved municipal waste management plan, commits a misdemeanor 11 of the third degree and shall, upon conviction, be sentenced to 12 pay a fine of not less than $1,000 but not more than $10,000 per 13 day for each violation or to imprisonment for a period of not 14 more than one year, or both. 15 (c) Second or subsequent offense.--Any person, other than a 16 municipal official exercising his official duties who, within 17 two years after a conviction of a misdemeanor for any violation 18 of this act, violates any provision of this act, any regulation 19 promulgated hereunder, any order issued hereunder, or the terms 20 or conditions of any approved municipal waste management plan, 21 commits a misdemeanor of the second degree and shall, upon 22 conviction, be sentenced to pay a fine of not less than $2,500 23 nor more than $25,000 for each violation or to imprisonment for 24 a period of not more than two years, or both. 25 (d) Violations to be separate offense.--Each violation for 26 each separate day and each violation of any provision of this 27 act, any regulation promulgated hereunder, any order issued 28 hereunder, or the terms or conditions of any approved municipal 29 waste management plan, shall constitute a separate offense under 30 subsections (a), (b) and (c). 19870S0528B1963 - 123 -
1 Section 1706. Existing rights and remedies preserved; 2 cumulative remedies authorized. 3 Nothing in this act shall be construed as estopping the 4 Commonwealth, or any district attorney of a county or solicitor 5 of a municipality, from proceeding in courts of law or equity to 6 abate pollution forbidden under this act, or abate nuisances 7 under existing law. It is hereby declared to be the purpose of 8 this act to provide additional and cumulative remedies to 9 control municipal waste planning and management within this 10 Commonwealth, and nothing contained in this act shall in any way 11 abridge or alter rights of action or remedies now or hereafter 12 existing in equity, or under the common law or statutory law, 13 criminal or civil. Nothing in this act, or the approval of any 14 municipal waste management plan under this act, or any act done 15 by virtue of this act, shall be construed as estopping the 16 Commonwealth or persons in the exercise of their rights under 17 the common law or decisional law or in equity, from proceeding 18 in courts of law or equity to suppress nuisances, or to abate 19 any pollution now or hereafter existing, or to enforce common 20 law or statutory rights. No court of this Commonwealth having 21 jurisdiction to abate public or private nuisances shall be 22 deprived of such jurisdiction in any action to abate any private 23 or public nuisance instituted by any person for the reason that 24 such nuisance constitutes air or water pollution. 25 Section 1707. Production of materials; recordkeeping 26 requirements. 27 (a) Authority of department.--The department and its agents 28 and employees shall: 29 (1) Have access to, and require the production of, books 30 and papers, documents, and physical evidence pertinent to any 19870S0528B1963 - 124 -
1 matter under investigation. 2 (2) Require any person engaged in the municipal waste 3 management or municipal waste planning to establish and 4 maintain such records and make such reports and furnish such 5 information as the department may prescribe. 6 (3) Have the authority to enter any building, property, 7 premises or place where solid waste is generated, stored, 8 processed, treated or disposed of for the purposes of making 9 an investigation or inspection necessary to ascertain the 10 compliance or noncompliance by any person with the provisions 11 of this act and the regulations promulgated under this act. 12 In connection with the inspection or investigation, samples 13 may be taken of a solid, semisolid, liquid or contained 14 gaseous material for analysis. If, analysis is made of the 15 samples, a copy of the results of the analysis shall be 16 furnished within five business days after receiving the 17 analysis to the person having apparent authority over the 18 building, property, premises or place. 19 (b) Warrants.--An agent or employee of the department may 20 apply for a search warrant to any Commonwealth official 21 authorized to issue a search warrant for the purposes of 22 inspecting or examining any property, building, premises, place, 23 book, record or other physical evidence; of conducting tests; or 24 of taking samples of any solid waste. The warrant shall be 25 issued upon probable cause. It shall be sufficient probable 26 cause to show any of the following: 27 (1) The inspection, examination, test or sampling is 28 pursuant to a general administrative plan to determine 29 compliance with this act. 30 (2) The agent or employee has reason to believe that a 19870S0528B1963 - 125 -
1 violation of this act has occurred or may occur. 2 (3) The agent or employee has been refused access to the 3 property, building, premises, place, book, record or physical 4 evidence or has been prevented from conducting tests or 5 taking samples. 6 Section 1708. Withholding of State funds. 7 In addition to any other penalties provided in this act, the 8 department may notify the State Treasurer to withhold payment of 9 all or any portion of funds payable to the municipality by the 10 department from the General Fund or any other fund if the 11 municipality has engaged in any unlawful conduct under section 12 1701. Upon notification, the State Treasurer shall hold in 13 escrow such moneys due to such municipality until such time as 14 the department notifies the State Treasurer that the 15 municipality has complied with such requirement or schedule. 16 Section 1709. Collection of fines, fees, etc. 17 (a) Lien.--All fines, fees, interest and penalties and any 18 other assessments shall be collectible in any manner provided by 19 law for the collection of debts. If the person liable to pay any 20 such amount neglects or refuses to pay the same after demand, 21 the amount, together with interest and any costs that may 22 accrue, shall be a judgment in favor of the Commonwealth or the 23 host municipality, as the case may be, upon the property of such 24 person, but only after same has been entered and docketed of 25 record by the prothonotary of the county where such property is 26 situated. The Commonwealth or host municipality, as the case may 27 be, may at any time transmit to the prothonotaries of the 28 respective counties certified copies of all such judgments, and 29 it shall be the duty of each prothonotary to enter and docket 30 the same of record in his office, and to index the same as 19870S0528B1963 - 126 -
1 judgments are indexed, without requiring the payment of costs as 2 a condition precedent to the entry thereof. 3 (b) Deposit of fines.--All fines collected pursuant to 4 sections 1704 and 1705 shall be paid into the Solid Waste 5 Abatement Fund. 6 Section 1710. Right of citizen to intervene in proceedings. 7 Any citizen of this Commonwealth having an interest which is 8 or may be adversely affected shall have the right on his own 9 behalf, without posting bond, to intervene in any action brought 10 pursuant to section 1703 or 1704. 11 Section 1711. Remedies of citizens. <-- 12 (a) Commencement of civil action.--Except as provided in 13 subsection (b), any person having an interest which is or may be 14 adversely affected may commence a civil suit on his own behalf 15 to compel compliance with this act, or any rule or regulation 16 promulgated hereunder, against any municipality where the 17 municipality fails to comply with the provisions of this act or 18 against the department where there is alleged a failure of the 19 department to perform any act which is not discretionary with 20 the department. 21 (b) Notice.--No action pursuant to this section may be 22 commenced prior to 60 days after the plaintiff has given notice, 23 in writing, notifying the department of the section of this act 24 or the rule or regulation for which compliance is sought. In 25 addition, no such action may be commenced if the department has 26 commenced and is diligently proceeding with performance of the 27 required nondiscretionary act. 28 (c) Multiple actions.--No action under this section may be 29 commenced if the department has commenced and is diligently 30 prosecuting a civil action in a court of the United States or of 19870S0528B1963 - 127 -
1 the Commonwealth, has issued an order, or has entered a consent 2 order and agreement or consent degree to require compliance with 3 this act, any regulation promulgated under this act, any order 4 of the department issued under this act or any term or condition 5 of an approved municipal waste management plan. If the 6 department has commenced and is diligently prosecuting a civil 7 action in a court of the Commonwealth, any person with an 8 interest which is or may be adversely affected may intervene as 9 of right. 10 Section 1712. Affirmative defense. 11 (a) Defense.--It shall be an affirmative defense to any 12 action by the department pursuant to section 1702, 1704, 1705 or 13 1708 and any action brought pursuant to section 1711 against any 14 municipality alleged to be in violation of section 1501 that 15 such municipality's failure to comply is caused by excessive 16 costs of the program required by section 1501. Program costs are 17 excessive when reasonable and necessary costs of operating the 18 program exceed income from the sale or use of collected 19 material, grant money received from the department pursuant to 20 section 902, and avoided costs of municipal waste processing or 21 disposal. 22 (b) Requirements.--A municipality may not assert the 23 affirmative defense provided by this section if it has failed: 24 (1) To make a timely grant application to the department 25 pursuant to section 902. 26 (2) To exercise its best efforts to implement the 27 program required by section 1501 for at least two years after 28 it was required to establish and implement the program. 29 (c) Construction.--Nothing in this section shall be 30 construed or understood: 19870S0528B1963 - 128 -
1 (1) To create an affirmative defense for a municipality 2 that is alleged to be in violation of any provision of law 3 other than section 1501. 4 (2) To create an affirmative defense for any person 5 other than a municipality. 6 (3) To modify or affect existing statutory and case law 7 concerning affirmative defenses to department actions, except 8 as expressly provided in subsection (a). 9 SECTION 1711. REMEDIES OF CITIZENS. <-- 10 (A) AUTHORITY TO BRING CIVIL ACTION.--EXCEPT AS PROVIDED IN 11 SUBSECTION (C), ANY AFFECTED PERSON MAY COMMENCE A CIVIL ACTION 12 ON HIS OWN BEHALF AGAINST ANY PERSON WHO IS ALLEGED TO BE IN 13 VIOLATION OF THIS ACT. 14 (B) JURISDICTION.--THE ENVIRONMENTAL HEARING BOARD IS HEREBY 15 GIVEN JURISDICTION OVER CITIZEN SUIT ACTIONS BROUGHT UNDER THIS 16 SECTION AGAINST THE DEPARTMENT. ACTIONS AGAINST ANY OTHER 17 PERSONS UNDER THIS SECTION MAY BE TAKEN IN A COURT OF COMPETENT 18 JURISDICTION. SUCH JURISDICTION IS IN ADDITION TO ANY RIGHTS OF 19 ACTION NOW OR HEREAFTER EXISTING IN EQUITY, OR UNDER THE COMMON 20 LAW OR STATUTORY LAW. 21 (C) NOTICE.--NO ACTION MAY BE COMMENCED UNDER THIS SECTION 22 PRIOR TO 60 DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE 23 VIOLATION TO THE SECRETARY, TO THE HOST MUNICIPALITY AND TO ANY 24 ALLEGED VIOLATOR OF THE ACT, OF OTHER ENVIRONMENTAL PROTECTION 25 ACTS, OR OF THE REGULATION OR ORDER OF THE DEPARTMENT WHICH HAS 26 ALLEGEDLY BEEN VIOLATED, NOR SHALL ANY ACTION BE COMMENCED UNDER 27 THIS SECTION IF THE SECRETARY HAS COMMENCED AND IS DILIGENTLY 28 PROSECUTING AN ADMINISTRATIVE ACTION BEFORE THE ENVIRONMENTAL 29 HEARING BOARD, OR A CIVIL OR CRIMINAL ACTION IN A COURT OF THE 30 UNITED STATES OR A STATE TO REQUIRE COMPLIANCE WITH SUCH PERMIT, 19870S0528B1963 - 129 -
1 STANDARD, REGULATION, CONDITION, REQUIREMENT, PROHIBITION OR
2 ORDER.
3 (D) AWARD OF COSTS.--THE ENVIRONMENTAL HEARING BOARD OR A
4 COURT OF COMPETENT JURISDICTION, IN ISSUING ANY FINAL ORDER IN
5 ANY ACTION BROUGHT PURSUANT TO SUBSECTION (A), MAY AWARD COSTS
6 OF LITIGATION, INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS
7 FEES, TO ANY PARTY, WHENEVER THE BOARD OR COURT DETERMINES SUCH
8 AWARD IS APPROPRIATE.
9 Section 1713 1712. Public information. <--
10 (a) General rule.--Except as provided in subsection (b),
11 records, reports or other information obtained under this act
12 shall be available to the public for inspection or copying
13 during regular business hours.
14 (b) Confidentiality.--The department may, upon request,
15 designate records, reports or information as confidential when
16 the person providing the information demonstrates all of the
17 following:
18 (1) The information contains the trade secrets,
19 processes, operations, style of work or apparatus of a person
20 or is otherwise confidential business information.
21 (2) The information does not relate to public health,
22 safety, welfare, or the environment.
23 (c) Separation of information.--When submitting information
24 under this act, a person shall designate the information which
25 the person believes is confidential or shall submit that
26 information separately from other information being submitted.
27 SECTION 1713. WHISTLEBLOWER PROVISIONS. <--
28 (A) ADVERSE ACTION PROHIBITED.--NO EMPLOYER MAY DISCHARGE,
29 THREATEN, OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN
30 EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION, TERMS,
19870S0528B1963 - 130 -
1 CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE THE 2 EMPLOYEE MAKES A GOOD FAITH REPORT OR IS ABOUT TO REPORT, 3 VERBALLY OR IN WRITING, TO THE EMPLOYER OR APPROPRIATE AUTHORITY 4 AN INSTANCE OF WRONGDOING UNDER THIS ACT. 5 (B) REMEDIES.--THE REMEDIES, PENALTIES AND ENFORCEMENT 6 PROCEDURES FOR VIOLATIONS OF THIS SECTION SHALL BE AS PROVIDED 7 IN THE ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE 8 WHISTLEBLOWER LAW. 9 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 10 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 11 SUBSECTION: 12 "APPROPRIATE AUTHORITY." A FEDERAL, STATE OR LOCAL 13 GOVERNMENT BODY, AGENCY OR ORGANIZATION HAVING JURISDICTION OVER 14 CRIMINAL LAW ENFORCEMENT, REGULATORY VIOLATIONS, PROFESSIONAL 15 CONDUCT OR ETHICS, OR WASTE; OR A MEMBER, OFFICER, AGENT, 16 REPRESENTATIVE OR SUPERVISORY EMPLOYEE OF THE BODY, AGENCY OR 17 ORGANIZATION. THE TERM INCLUDES, BUT IS NOT LIMITED TO, THE 18 OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT OF THE AUDITOR 19 GENERAL, THE TREASURY DEPARTMENT, THE GENERAL ASSEMBLY AND 20 COMMITTEES OF THE GENERAL ASSEMBLY HAVING THE POWER AND DUTY TO 21 INVESTIGATE CRIMINAL LAW ENFORCEMENT, REGULATORY VIOLATIONS, 22 PROFESSIONAL CONDUCT OR ETHICS, OR WASTE. 23 "EMPLOYEE." A PERSON WHO PERFORMS A SERVICE FOR WAGES OR 24 OTHER REMUNERATION UNDER A CONTRACT OF HIRE, WRITTEN OR ORAL, 25 EXPRESS OR IMPLIED, FOR AN EMPLOYER, WHETHER OR NOT THE EMPLOYER 26 IS A PUBLIC BODY. 27 "EMPLOYER." A PERSON SUPERVISING ONE OR MORE EMPLOYEES, 28 INCLUDING THE EMPLOYEE IN QUESTION; A SUPERIOR OF THAT 29 SUPERVISOR; OR AN AGENT OF A PUBLIC BODY. 30 "GOOD FAITH REPORT." A REPORT OF CONDUCT DEFINED IN THIS ACT 19870S0528B1963 - 131 -
1 AS WRONGDOING OR WASTE WHICH IS MADE WITHOUT MALICE OR 2 CONSIDERATION OF PERSONAL BENEFIT AND WHICH THE PERSON MAKING 3 THE REPORT HAS REASONABLE CAUSE TO BELIEVE IS TRUE. 4 "PUBLIC BODY." ALL OF THE FOLLOWING: 5 (1) A STATE OFFICER, AGENCY, DEPARTMENT, DIVISION, 6 BUREAU, BOARD, COMMISSION, COUNCIL, AUTHORITY OR OTHER BODY 7 IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT. 8 (2) A COUNTY, CITY, TOWNSHIP, REGIONAL GOVERNING BODY, 9 COUNCIL, SCHOOL DISTRICT, SPECIAL DISTRICT OR MUNICIPAL 10 CORPORATION, OR A BOARD, DEPARTMENT, COMMISSION, COUNCIL OR 11 AGENCY. 12 (3) ANY OTHER BODY WHICH IS CREATED BY COMMONWEALTH OR 13 POLITICAL SUBDIVISION AUTHORITY OR WHICH IS FUNDED IN ANY 14 AMOUNT BY OR THROUGH COMMONWEALTH OR POLITICAL SUBDIVISION 15 AUTHORITY OR A MEMBER OR EMPLOYEE OF THAT BODY. 16 "WASTE." AN EMPLOYER'S CONDUCT OR OMISSIONS WHICH RESULT IN 17 SUBSTANTIAL ABUSE, MISUSE, DESTRUCTION OR LOSS OF FUNDS OR 18 RESOURCES BELONGING TO OR DERIVED FROM COMMONWEALTH OR POLITICAL 19 SUBDIVISION SOURCES. 20 "WHISTLEBLOWER." A PERSON WHO WITNESSES OR HAS EVIDENCE OF 21 WRONGDOING OR WASTE WHILE EMPLOYED AND WHO MAKES A GOOD FAITH 22 REPORT OF THE WRONGDOING OR WASTE, VERBALLY OR IN WRITING, TO 23 ONE OF THE PERSON'S SUPERIORS, TO AN AGENT OF THE EMPLOYER OR TO 24 AN APPROPRIATE AUTHORITY. 25 "WRONGDOING." A VIOLATION WHICH IS NOT OF A MERELY TECHNICAL 26 OR MINIMAL NATURE OF A FEDERAL OR STATE STATUTE OR REGULATION, 27 OF A POLITICAL SUBDIVISION ORDINANCE OR REGULATION OR OF A CODE 28 OF CONDUCT OR ETHICS DESIGNED TO PROTECT THE INTEREST OF THE 29 PUBLIC OR THE EMPLOYER. 30 SECTION 1714. ADDITIONAL PENALTIES. 19870S0528B1963 - 132 -
1 (A) DRIVER LICENSE.--IF ANY PERSON IS CONVICTED OF OR PLEADS 2 GUILTY OR NO CONTEST TO A VIOLATION OF SECTION 610(1) OF THE 3 SOLID WASTE MANAGEMENT ACT, THE DEPARTMENT SHALL, WITHIN 30 4 DAYS, SEND A CERTIFIED COPY OF THE JUDGMENT TO THE DEPARTMENT OF 5 TRANSPORTATION. UPON RECEIPT OF THE CERTIFIED COPY OF THE 6 JUDGMENT, THE DEPARTMENT OF TRANSPORTATION SHALL SUSPEND THE 7 OPERATING PRIVILEGE OF THE PERSON FOR ONE YEAR. 8 (B) VEHICLE FORFEITURE.--ANY VEHICLE, EQUIPMENT OR 9 CONVEYANCE USED FOR THE TRANSPORTATION OR DISPOSAL OF SOLID 10 WASTE IN THE COMMISSION OF AN OFFENSE UNDER SECTION 610(1) OF 11 THE SOLID WASTE MANAGEMENT ACT SHALL BE DEEMED CONTRABAND AND 12 FORFEITED TO THE DEPARTMENT. THE PROVISIONS OF LAW RELATING TO 13 THE SEIZURE, SUMMARY AND JUDICIAL FORFEITURE, AND CONDEMNATION 14 OF INTOXICATING LIQUOR SHALL APPLY TO SEIZURES AND FORFEITURES 15 UNDER THIS SECTION. PROCEEDS FROM THE SALE OF FORFEITED 16 VEHICLES, EQUIPMENT OR CONVEYANCE SHALL BE DEPOSITED IN THE 17 SOLID WASTE ABATEMENT FUND. 18 (C) RESPONSIBILITY FOR COST.--THE OPERATOR OF ANY VEHICLE, 19 EQUIPMENT OR CONVEYANCE FORFEITED UNDER SUBSECTION (B) SHALL BE 20 RESPONSIBLE FOR ANY COSTS INCURRED IN PROPERLY DISPOSING OF 21 WASTE IN THE VEHICLE, EQUIPMENT OR CONVEYANCE. 22 CHAPTER 19 23 MISCELLANEOUS PROVISIONS 24 Section 1901. Severability. 25 The provisions of this act are severable. If any provision of 26 this act or its application to any person or circumstance is 27 held invalid, the invalidity shall not affect other provisions 28 or applications of this act which can be given effect without 29 the invalid provision or application. 30 Section 1902. Repeals. 19870S0528B1963 - 133 -
1 (a) Absolute repeals.--The last sentence in section 201(b),
2 section 201(f) through (l) and sections 202 and 203 of the act
3 of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
4 Management Act, are repealed.
5 (b) Inconsistent repeals.--Except as provided in section <--
6 (B) INCONSISTENT REPEALS.-- <--
7 (1) EXCEPT AS PROVIDED IN SECTION 501(b) of this act,
8 the first through fourth sentences of section 201(b) and
9 section 201(c), (d) and (e) of the act of July 7, 1980
10 (P.L.380, No.97), known as the Solid Waste Management Act,
11 are repealed insofar as they are inconsistent with this act.
12 (2) ALL ACTS AND PARTS OF ACTS INCONSISTENT WITH SECTION <--
13 1505 ARE HEREBY REPEALED TO THE EXTENT OF THE INCONSISTENCY.
14 Section 1903. Effective date.
15 This act shall take effect in 60 days.
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