HOUSE AMENDED
        PRIOR PRINTER'S NOS. 581, 1207, 1415,         PRINTER'S NO. 1963
        1507, 1519, 1672

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 528 Session of 1987


        INTRODUCED BY FISHER, RHOADES, HELFRICK, REIBMAN, SHUMAKER,
           LEWIS, SCANLON, CORMAN, SALVATORE, LEMMOND, ROSS, STAUFFER
           AND MUSTO, MARCH 10, 1987

        AS 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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