AN ACT

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 528 Session of 1987 2 municipal waste; requiring counties to submit plans for


     3     municipal waste management systems within their boundaries;
     4     authorizing grants to counties and municipalities for
     5     planning, resource recovery and recycling; imposing and
     6     collecting fees; establishing certain rights for host
     7     municipalities; requiring municipalities to implement
     8     recycling programs; requiring Commonwealth agencies to
     9     procure recycled materials; imposing duties; granting powers
    10     to counties and municipalities; authorizing the Environmental
    11     Quality Board to adopt regulations; authorizing the
    12     Department of Environmental Resources to implement this act;
    13     providing remedies; prescribing penalties; establishing a
    14     fund; and making repeals.

    15                         TABLE OF CONTENTS
    16  Chapter 1.  General Provisions
    17  Section 101.  Short title.
    18  Section 102.  Legislative findings; declaration of policy and
    19                 goals.
    20  Section 103.  Definitions.
    21  Section 104.  Construction of act.
    22  Chapter 3.  Powers and Duties
    23  Section 301.  Powers and duties of department.
    24  Section 302.  Powers and duties of Environmental Quality Board.
    25  Section 303.  Powers and duties of counties.
    26  Section 304.  Powers and duties of municipalities other than
    27                 counties.
    28  Chapter 5.  Municipal Waste Planning
    29  Section 501.  Schedule for submission of municipal waste
    30                 management plans.
    31  Section 502.  Content of municipal waste management plans.
    32  Section 503.  Development of municipal waste management plans.
    33  Section 504.  Failure to ratify plan.
    34  Section 505.  Review of municipal waste management plans.

     1  Section 506.  Contracts.
     2  Section 507.  Relationship between plans and permits.
     3  Section 508.  Studies.
     4  Section 509.  Best available technology.
     5  Section 510.  Permit requirements.
     6  Section 511.  Site limitation.
     7  Section 512.  Completeness review.
     8  Section 513.  Future availability.
     9  Chapter 7.  Recycling Fee
    10  Section 701.  Recycling fee for municipal waste landfills and
    11                 resource recovery facilities.
    12  Section 702.  Form and timing of recycling fee payment.
    13  Section 703.  Collection and enforcement of fee.
    14  Section 704.  Records.
    15  Section 705.  Surcharge.
    16  Section 706.  Recycling Fund.
    17  Chapter 9.  Grants
    18  Section 901.  Planning grants.
    19  Section 902.  Grants for development and implementation of
    20                 municipal recycling programs.
    21  Section 903.  Grants for recycling coordinators.
    22  Section 904.  Performance grants for municipal recycling
    23                 programs.
    24  Section 905.  General limitations.
    25  Chapter 11.  Assistance to Municipalities
    26  Section 1101.  Information provided to host municipalities.
    27  Section 1102.  Joint inspections with host municipalities.
    28  Section 1103.  Water supply testing for contiguous landowners.
    29  Section 1104.  Water supply protection.
    30  Section 1105.  Purchase of cogenerated electricity.
    19870S0528B2303                  - 2 -

     1  Section 1106.  Pennsylvania Public Utility Commission.
     2  Section 1107.  Claims resulting from pollution occurrences.
     3  Section 1108.  Site-specific postclosure fund.
     4  Section 1109.  Trust fund for municipally operated landfills.
     5  Section 1110.  Independent evaluation of permit applications.
     6  Section 1111.  Protection of capacity.
     7  Section 1112.  Waste volumes.
     8  Chapter 13.  Host Municipality Benefit Fee
     9  Section 1301.  Host municipality benefit fee.
    10  Section 1302.  Form and timing of host municipality benefit fee
    11                 payment.
    12  Section 1303.  Collection and enforcement of fee.
    13  Section 1304.  Records.
    14  Section 1305.  Surcharge.
    15  Chapter 15.  Recycling and Waste Reduction
    16  Section 1501.  Municipal implementation of recycling programs.
    17  Section 1502.  Facilities operation and recycling.
    18  Section 1503.  Commonwealth recycling and waste reduction.
    19  Section 1504.  Procurement by Commonwealth agencies.
    20  Section 1505.  Procurement by Department of General Services.
    21  Section 1506.  Testing by Department of Transportation.
    22  Section 1507.  Procurement procedures for local public agencies.
    23  Section 1508.  Procurement options for local public agencies and
    24                 certain Commonwealth agencies.
    25  Section 1509.  Recycling at educational institutions.
    26  Section 1510.  Lead acid batteries.
    27  Section 1511.  Recycled paper products.
    28  Section 1512.  Household Hazardous Waste Collection and
    29                 Disposal Grant Program.
    30  Chapter 17.  Enforcement and Remedies
    19870S0528B2303                  - 3 -

     1  Section 1701.  Unlawful conduct.
     2  Section 1702.  Enforcement orders.
     3  Section 1703.  Restraining violations.
     4  Section 1704.  Civil penalties.
     5  Section 1705.  Criminal penalties.
     6  Section 1706.  Existing rights and remedies preserved;
     7                 cumulative remedies authorized.
     8  Section 1707.  Production of materials; recordkeeping
     9                 requirements.
    10  Section 1708.  Withholding of State funds.
    11  Section 1709.  Collection of fines, fees, etc.
    12  Section 1710.  Right of citizen to intervene in proceedings.
    13  Section 1711.  Remedies of citizens.
    14  Section 1712.  Affirmative defense.
    15  Section 1713.  Public information.
    16  Section 1714.  Whistleblower provisions.
    17  Section 1715.  Additional penalties.
    18  Chapter 19.  Miscellaneous Provisions
    19  Section 1901.  Report to General Assembly.
    20  Section 1902.  Severability.
    21  Section 1903.  Repeals.
    22  Section 1904.  Effective date.
    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25                             CHAPTER 1
    26                         GENERAL PROVISIONS
    27  Section 101.  Short title.
    28     This act shall be known and may be cited as the Municipal
    29  Waste Planning, Recycling and Waste Reduction Act.
    30  Section 102.  Legislative findings; declaration of policy and
    19870S0528B2303                  - 4 -

     1                 goals.
     2     (a)  Legislative findings.--The Legislature hereby
     3  determines, declares and finds that:
     4         (1)  Improper municipal waste practices create public
     5     health hazards, environmental pollution and economic loss,
     6     and cause irreparable harm to the public health, safety and
     7     welfare.
     8         (2)  Parts of this Commonwealth have inadequate and
     9     rapidly diminishing processing and disposal capacity for
    10     municipal waste.
    11         (3)  Virtually every county in this Commonwealth will
    12     have to replace existing municipal waste processing and
    13     disposal facilities over the next decade.
    14         (4)  Needed additional municipal waste processing and
    15     disposal facilities have not been developed in a timely
    16     manner because of diffused responsibility for municipal waste
    17     planning, processing and disposal among numerous and
    18     overlapping units of local government.
    19         (5)  It is necessary to give counties the primary
    20     responsibility to plan for the processing and disposal of
    21     municipal waste generated within their boundaries to insure
    22     the timely development of needed processing and disposal
    23     facilities.
    24         (6)  Proper and adequate processing and disposal of
    25     municipal waste generated within a county requires the
    26     generating county to give first choice to new processing and
    27     disposal sites located within that county.
    28         (7)  It is appropriate to provide those living near
    29     municipal waste processing and disposal facilities with
    30     additional guarantees of the proper operation of such
    19870S0528B2303                  - 5 -

     1     facilities and to provide incentives for municipalities to
     2     host such facilities.
     3         (8)  Waste reduction and recycling are preferable to the
     4     processing or disposal of municipal waste.
     5         (9)  Prompt payment and efficient collection of the
     6     recycling fee created by this act are essential to the
     7     administration of the recycling grants provided by this act.
     8         (10)  Authorizing counties to control the flow of
     9     municipal waste is necessary, among other reasons, to
    10     guarantee the long term economic viability of resource
    11     recovery facilities and municipal waste landfills, to ensure
    12     that such facilities and landfills can be financed, to
    13     moderate the cost of such facilities and landfills over the
    14     long term, protect existing capacity, and to assist in the
    15     development of markets for recyclable materials by
    16     guaranteeing a steady flow of such 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
    19870S0528B2303                  - 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 materials on a Statewide basis so
     7     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 or processed at the Commonwealth's
    10     overburdened municipal waste processing or disposal
    11     facilities.
    12         (15)  The recycling of marketable materials by
    13     municipalities in the Commonwealth and Commonwealth agencies,
    14     and the development of public and private sector recycling
    15     activities on an orderly and incremental basis, will further
    16     demonstrate the Commonwealth's long term commitment to an
    17     effective and coherent solid waste management strategy.
    18         (16)  Operators of municipal waste landfills and resource
    19     recovery facilities should give first priority to the
    20     disposal or processing of municipal waste generated within
    21     the host county because, among other reasons, the host county
    22     is most directly affected by operations at the facility, and
    23     local processing or disposal of municipal waste saves energy
    24     and transportation costs.
    25         (17)  The Commonwealth recognizes that both municipal
    26     waste landfills and resource recovery facilities will be
    27     needed as part of an integrated strategy to provide for the
    28     processing and disposal of the Commonwealth's municipal
    29     waste.
    30         (18)  This act is enacted under the authority of
    19870S0528B2303                  - 7 -

     1     Amendment X of the Constitution of the United States of
     2     America, under which the police power to protect the health,
     3     safety and welfare of the citizens is reserved to the states.
     4         (19)  The Commonwealth is responsible for the protection
     5     of the health, safety and welfare of its citizens concerning
     6     solid waste management.
     7         (20)  All aspects of solid waste management, particularly
     8     the disposition of solid waste, pose a critical threat to the
     9     health, safety and welfare of the citizens of this
    10     Commonwealth.
    11         (21)  Uncontrolled increases in the daily volumes of
    12     solid waste received at municipal waste landfills have
    13     significantly decreased their remaining lifetimes, disrupting
    14     the municipal waste planning process and the ability of
    15     municipalities relying on the landfills to continue using
    16     them. These increases have threatened to significantly and
    17     adversely affect public health and safety when municipalities
    18     find they can no longer use the facilities. Uncontrolled
    19     increases in daily waste volumes can also cause increased
    20     noise, odors, truck traffic and other significant adverse
    21     effects on the environment as well as on public health and
    22     safety.
    23         (22)  By purchasing, processing and marketing obsolete
    24     and other materials which would otherwise have been managed
    25     as municipal or residual waste, the Commonwealth's existing
    26     for-profit scrap processing and recycling industry has been
    27     and remains essential to the efficient and effective
    28     management of solid waste.
    29         (23)  In carrying out their powers and duties under this
    30     act, counties and other municipalities should:
    19870S0528B2303                  - 8 -

     1             (i)  Ensure that the ability of the scrap processing
     2         and recycling industry to continue purchasing, processing
     3         and marketing recoverable materials is not thereby
     4         impaired.
     5             (ii)  Utilize to the fullest extent practicable all
     6         available facilities and expertise within the scrap
     7         processing and recycling industry for processing and
     8         marketing recyclable materials from municipal waste.
     9         (24)  Vehicle batteries are particularly difficult to
    10     dispose of and potentially harmful if improperly disposed of,
    11     and that it is necessary to control disposal and promote
    12     recycling of such batteries.
    13     (b)  Purpose.--It is the purpose of this act to:
    14         (1)  Establish and maintain a cooperative State and local
    15     program of planning and technical and financial assistance
    16     for comprehensive municipal waste management.
    17         (2)  Encourage the development of waste reduction and
    18     recycling as a means of managing municipal waste, conserving
    19     resources and supplying energy through planning, grants and
    20     other incentives.
    21         (3)  Protect the public health, safety and welfare from
    22     the short and long term dangers of transportation,
    23     processing, treatment, storage and disposal of municipal
    24     waste.
    25         (4)  Provide a flexible and effective means to implement
    26     and enforce the provisions of this act.
    27         (5)  Utilize, wherever feasible, the capabilities of
    28     private enterprise in accomplishing the desired objectives of
    29     an effective, comprehensive solid waste management plan.
    30         (6)  Establish a recycling fee for municipal waste
    19870S0528B2303                  - 9 -

     1     landfills and resource recovery facilities to provide grants
     2     for recycling, planning and related purposes.
     3         (7)  Establish a host municipality benefit fee for
     4     municipal waste landfills and resource recovery facilities
     5     that are permitted on or after the effective date of this act
     6     and to provide benefits to host municipalities for the
     7     presence of such facilities.
     8         (8)  Establish a site-specific postclosure fee for
     9     currently operating and future permitted municipal waste
    10     landfills for remedial measures and emergency actions that
    11     are necessary to prevent or abate adverse effects upon the
    12     environment after the closure of such landfills.
    13         (9)  Establish trust funds for municipally operated
    14     landfills to ensure that there are sufficient funds available
    15     for completing the final closure of such landfills under the
    16     Solid Waste Management Act.
    17         (10)  Shift the primary responsibility for developing and
    18     implementing municipal waste management plans from
    19     municipalities to counties.
    20         (11)  Require all public agencies of the Commonwealth to
    21     aid and promote the development of recycling through their
    22     procurement policies for the general welfare and economy of
    23     the Commonwealth.
    24         (12)  Require certain municipalities to implement
    25     recycling programs to return valuable materials to productive
    26     use, to conserve energy and to protect capacity at municipal
    27     waste processing or disposal facilities.
    28         (13)  Implement Article 1, section 27 of the Constitution
    29     of Pennsylvania.
    30         (14)  Strengthen the department's existing authority to
    19870S0528B2303                 - 10 -

     1     regulate daily waste volumes that may be received at a
     2     municipal waste landfill to protect against the unexpected or
     3     unplanned loss of facilities and to ensure that the
     4     facilities operate in a manner that protects the environment
     5     as well as public health and safety.
     6     (c)  Declaration of goals.--The General Assembly therefore
     7  declares the following goals:
     8         (1)  At least 25% of all municipal waste and source-
     9     separated recyclable materials generated in this Commonwealth
    10     on and after January 1, 1997, should be recycled.
    11         (2)  The weight or volume of municipal waste generated
    12     per capita in this Commonwealth on January 1, 1997, should,
    13     to the greatest extent practicable, be less than the weight
    14     or volume of municipal waste generated per capita on the
    15     effective date of this act.
    16         (3)  Each person living or working in this Commonwealth
    17     shall be taught the economic, environmental, and energy value
    18     of recycling and waste reduction, and shall be encouraged
    19     through a variety of means to participate in such activities.
    20         (4)  The Commonwealth should, to the greatest extent
    21     practicable, procure and use products and materials with
    22     recycled content, and procure and use materials that are
    23     recyclable.
    24  Section 103.  Definitions.
    25     The following words and phrases when used in this act shall
    26  have the meanings given to them in this section unless the
    27  context clearly indicates otherwise:
    28     "Abatement."  The restoration, reclamation, recovery, etc.,
    29  of a natural resource adversely affected by the activity of a
    30  person.
    19870S0528B2303                 - 11 -

     1     "Average daily volume."  The mean daily volume received at a
     2  facility taking into account weather, seasonal variations,
     3  scheduled community cleanup days and other factors.
     4     "Commission."  The Pennsylvania Public Utility Commission and
     5  its authorized representatives.
     6     "Commonwealth agency."  The Commonwealth and its departments,
     7  boards, commissions and agencies, Commonwealth owned
     8  universities, and the State Public School Building Authority,
     9  the State Highway and Bridge Authority, and any other authority
    10  now in existence or hereafter created or organized by the
    11  Commonwealth.
    12     "Degradable plastic beverage carrier."  Plastic beverage
    13  carriers that degrade by biological processes, photodegradation,
    14  chemodegradation or degradation by other natural processes. The
    15  degradation process does not produce or result in a residue or
    16  by-product considered to be hazardous waste.
    17     "Department."  The Department of Environmental Resources of
    18  the Commonwealth and its authorized representatives.
    19     "Disposal."  The deposition, injection, dumping, spilling,
    20  leaking or placing of solid waste into or on the land or water
    21  in a manner that the solid waste or a constituent of the solid
    22  waste enters the environment, is emitted into the air or is
    23  discharged to the waters of this Commonwealth.
    24     "Feasibility study."  A study which analyzes a specific
    25  municipal waste processing or disposal system to assess the
    26  likelihood that the system can be successfully implemented,
    27  including, but not limited to, an analysis of the prospective
    28  market, the projected costs and revenues of the system, the
    29  municipal waste-stream that the system will rely upon and
    30  various options available to implement the system.
    19870S0528B2303                 - 12 -

     1     "Host municipality."  The municipality other than the county
     2  within which a municipal waste landfill or resource recovery
     3  facility is located or is proposed to be located.
     4     "Leaf waste."  Leaves, garden residues, shrubbery and tree
     5  trimmings, and similar material, but not including grass
     6  clippings.
     7     "Local public agency."
     8         (1)  Counties, cities, boroughs, towns, townships, school
     9     districts, and any other authority now in existence or
    10     hereafter created or organized by the Commonwealth.
    11         (2)  All municipal or school or other authorities now in
    12     existence or hereafter created or organized by any county,
    13     city, borough, township or school district or any combination
    14     thereof.
    15         (3)  Any and all other public bodies, authorities,
    16     councils of government, officers, agencies or
    17     instrumentalities of the foregoing, whether exercising a
    18     governmental or proprietary function.
    19     "Management."  The entire process, or any part thereof, of
    20  storage, collection, transportation, processing, treatment and
    21  disposal of solid wastes by any person engaging in such process.
    22     "Municipal recycling program."  A source separation and
    23  collection program for recycling municipal waste or source
    24  separated recyclable materials, or a program for designated
    25  drop-off points or collection centers for recycling municipal
    26  waste or source-separated recyclable materials, that is operated
    27  by or on behalf of a municipality. The term includes any source
    28  separation and collection program for composting yard waste that
    29  is operated by or on behalf of a municipality. The term shall
    30  not include any program for recycling construction/demolition
    19870S0528B2303                 - 13 -

     1  waste or sludge from sewage treatment plants or water supply
     2  treatment plants.
     3     "Municipal waste."  Any garbage, refuse, industrial lunchroom
     4  or office waste and other material, including solid, liquid,
     5  semisolid or contained gaseous material, resulting from
     6  operation of residential, municipal, commercial or institutional
     7  establishments and from community activities and any sludge not
     8  meeting the definition of residual or hazardous waste in the
     9  Solid Waste Management Act from a municipal, commercial or
    10  institutional water supply treatment plant, waste water
    11  treatment plant or air pollution control facility. The term does
    12  not include source-separated recyclable materials.
    13     "Municipal waste landfill."  Any facility that is designed,
    14  operated or maintained for the disposal of municipal waste,
    15  whether or not such facility possesses a permit from the
    16  department under the Solid Waste Management Act. The term shall
    17  not include any facility that is used exclusively for disposal
    18  of construction/demolition waste or sludge from sewage treatment
    19  plants or water supply treatment plants.
    20     "Municipality."  A county, city, borough, incorporated town,
    21  township or home rule municipality.
    22     "Operator."  A person engaged in solid waste processing or
    23  disposal. Where more than one person is so engaged in a single
    24  operation, all persons shall be deemed jointly and severally
    25  responsible for compliance with the provisions of this act.
    26     "Person."  Any individual, partnership, corporation,
    27  association, institution, cooperative enterprise, municipality,
    28  municipal authority, Federal Government or agency, State
    29  institution or agency (including, but not limited to, the
    30  Department of General Services and the State Public School
    19870S0528B2303                 - 14 -

     1  Building Authority), or any other legal entity whatsoever which
     2  is recognized by law as the subject of rights and duties. In any
     3  provisions of this act prescribing a fine, imprisonment or
     4  penalty, or any combination of the foregoing, the term "person"
     5  shall include the officers and directors of any corporation or
     6  other legal entity having officers and directors.
     7     "Plastic beverage carrier."  Plastic rings or similar plastic
     8  connectors used as holding devices in the packaging of
     9  beverages, including, but not limited to, all carbonated
    10  beverages, liquors, wines, fruit juices, mineral waters, soda
    11  and beer.
    12     "Pollution."  Contamination of any air, water, land or other
    13  natural resources of this Commonwealth that will create or is
    14  likely to create a public nuisance or to render the air, water,
    15  land or other natural resources harmful, detrimental or
    16  injurious to public health, safety or welfare, or to domestic,
    17  municipal, commercial, industrial, agricultural, recreational or
    18  other legitimate beneficial uses, or to livestock, wild animals,
    19  birds, fish or other life.
    20     "Postconsumer material."  Any product generated by a business
    21  or consumer which has served its intended end use, and which has
    22  been separated or diverted from solid waste for the purposes of
    23  collection, recycling, and disposition. The term includes
    24  industrial byproducts that would otherwise go to disposal or
    25  processing facilities. The term does not include internally
    26  generated scrap that is commonly returned to industrial or
    27  manufacturing processes.
    28     "Processing."  Any technology used for the purpose of
    29  reducing the volume or bulk of municipal waste or any technology
    30  used to convert part or all of such waste materials for offsite
    19870S0528B2303                 - 15 -

     1  reuse. Processing facilities include, but are not limited to,
     2  transfer facilities, composting facilities and resource recovery
     3  facilities.
     4     "Project development."  Those activities required to be
     5  conducted prior to constructing a processing or disposal
     6  facility that has been shown to be feasible, including, but not
     7  limited to, public input and participation, siting, procurement
     8  and vendor contract negotiations, and market and municipal waste
     9  supply assurance negotiations.
    10     "Public agency."  Any Commonwealth agency or local public
    11  agency.
    12     "Reasonable expansion."  The growth of an existing permitted
    13  municipal waste landfill to land which is contiguous to the
    14  existing municipal waste landfill which contiguous land is owned
    15  in fee by the owner of the municipal waste landfill or which
    16  land is subject to an irrevocable option exercisable within one
    17  year in favor of the owner of the municipal waste landfill on
    18  the date that written notice of the development of a plan or a
    19  plan revision pursuant to section 503(b) and which contiguous
    20  land contains the same geological features which are present at
    21  the existing municipal waste landfill and for which a permit
    22  application under the Solid Waste Management Act is filed within
    23  one year of such notice.
    24     "Recycled content."  Goods, supplies, equipment, materials
    25  and printing containing postconsumer materials.
    26     "Recycling."  The collection, separation, recovery and sale
    27  or reuse of metals, glass, paper, leaf waste, plastics and other
    28  materials which would otherwise be disposed or processed as
    29  municipal waste or the mechanized separation and treatment of
    30  municipal waste (other than through combustion) and creation and
    19870S0528B2303                 - 16 -

     1  recovery of reuseable materials other than a fuel for the
     2  operation of energy.
     3     "Recycling facility."  A facility employing a technology that
     4  is a process that separates or classifies municipal waste and
     5  creates or recovers reuseable materials that can be sold to or
     6  reused by a manufacturer as a substitute for or a supplement to
     7  virgin raw materials. The term "recycling facility" shall not
     8  mean transfer stations or landfills for solid waste nor
     9  composting facilities or resource recovery facilities.
    10     "Remaining available permitted capacity."  The remaining
    11  permitted capacity that is actually available for processing or
    12  disposal to the county or other municipality that generated the
    13  waste.
    14     "Remaining permitted capacity."  The weight or volume of
    15  municipal waste that can be processed or disposed at an existing
    16  municipal waste processing or disposal facility. The term shall
    17  include only weight or volume capacity for which the department
    18  has issued a permit under the Solid Waste Management Act. The
    19  term shall not include any facility that the department
    20  determines, or has determined, has failed and continues to fail
    21  to comply with the provisions of the Solid Waste Management Act,
    22  the regulations promulgated pursuant thereto, any order issued
    23  pursuant thereto or any permit conditions.
    24     "Residual waste."  Any garbage, refuse, other discarded
    25  material or other waste, including solid, liquid, semisolid or
    26  contained gaseous materials resulting from industrial, mining
    27  and agricultural operations and any sludge from an industrial,
    28  mining or agricultural water supply treatment facility, waste
    29  water treatment facility or air pollution control facility,
    30  provided that it is not hazardous. The term shall not include
    19870S0528B2303                 - 17 -

     1  coal refuse as defined in the act of September 24, 1968
     2  (P.L.1040, No.318), known as the Coal Refuse Disposal Control
     3  Act. The term shall not include treatment sludges from coal mine
     4  drainage treatment plants, disposal of which is being carried on
     5  pursuant to and in compliance with a valid permit issued
     6  pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
     7  as The Clean Streams Law.
     8     "Resource recovery facility."  A processing facility that
     9  provides for the extraction and utilization of materials or
    10  energy from municipal waste that is generated off-site,
    11  including, but not limited to, a facility that mechanically
    12  extracts materials from municipal waste, a combustion facility
    13  that converts the organic fraction of municipal waste to usable
    14  energy, and any chemical and biological process that converts
    15  municipal waste into a fuel product. The term also includes any
    16  facility for the combustion of municipal waste that is generated
    17  off-site, whether or not the facility is operated to recover
    18  energy. The term does not include:
    19         (1)  Any composting facility.
    20         (2)  Methane gas extraction from a municipal waste
    21     landfill.
    22         (3)  Any separation and collection center, drop-off point
    23     or collection center for recycling, or any source separation
    24     or collection center for composting leaf waste.
    25         (4)  Any facility, including all units in the facility,
    26     with a total processing capacity of less than 50 tons per
    27     day.
    28     "Secretary."  The Secretary of Environmental Resources of the
    29  Commonwealth.
    30     "Solid waste."  Solid waste, as defined in the act of July 7,
    19870S0528B2303                 - 18 -

     1  1980 (P.L.380, No.97), known as the Solid Waste Management Act.
     2     "Solid Waste Abatement Fund."  The fund created pursuant to
     3  section 701 of the Solid Waste Management Act.
     4     "Solid Waste Management Act."  The act of July 7, 1980
     5  (P.L.380, No.97).
     6     "Source-separated recyclable materials."  Materials that are
     7  separated from municipal waste at the point of origin for the
     8  purpose of recycling.
     9     "Storage."  The containment of any municipal waste on a
    10  temporary basis in such a manner as not to constitute disposal
    11  of such waste. It shall be presumed that the containment of any
    12  municipal waste in excess of one year constitutes disposal. This
    13  presumption can be overcome by clear and convincing evidence to
    14  the contrary.
    15     "Transportation."  The offsite removal of any municipal waste
    16  at any time after generation.
    17     "Treatment."  Any method, technique or process, including,
    18  but not limited to, neutralization, designed to change the
    19  physical, chemical or biological character or composition of any
    20  municipal waste so as to neutralize such waste or so as to
    21  render such waste safer for transport, suitable for recovery,
    22  suitable for storage or reduced in volume.
    23     "Waste reduction."  Design, manufacture or use of a product
    24  to minimize weight of municipal waste that requires processing
    25  or disposal, including, but not limited to:
    26         (1)  design or manufacturing activities which minimize
    27     the weight or volume of materials contained in a product, or
    28     increase durability or recyclability; and
    29         (2)  use of products that contain as little material as
    30     possible, are capable of being reused or recycled or have an
    19870S0528B2303                 - 19 -

     1     extended useful life.
     2  Section 104.  Construction of act.
     3     (a)  Liberal construction.--The terms and provisions of this
     4  act are to be liberally construed, so as to best achieve and
     5  effectuate the goals and purposes hereof.
     6     (b)  Para materia.--This act shall be construed in para
     7  materia with the Solid Waste Management Act.
     8                             CHAPTER 3
     9                         POWERS AND DUTIES
    10  Section 301.  Powers and duties of department.
    11     The department, in consultation with the Department of Health
    12  regarding matters of public health significance, shall have the
    13  power and its duty shall be to:
    14         (1)  Administer the municipal waste planning, recycling
    15     and waste reduction program pursuant to the provisions of
    16     this act and the regulations promulgated pursuant thereto.
    17         (2) Cooperate with appropriate Federal, State, interstate
    18     and local units of government and with appropriate private
    19     organizations in carrying out its duties under this act.
    20         (3)  Provide technical assistance to municipalities and
    21     Commonwealth agencies, including, but not limited to, the
    22     training of personnel.
    23         (4)  Initiate, conduct and support research,
    24     demonstration projects and investigations, and coordinate all
    25     State agency research programs pertaining to municipal waste
    26     management systems.
    27         (5)  Regulate municipal waste planning, including, but
    28     not limited to, the development and implementation of county
    29     municipal waste management plans.
    30         (6)  Approve, conditionally approve or disapprove
    19870S0528B2303                 - 20 -

     1     municipal waste management plans, issue orders, conduct
     2     inspections and abate public nuisances to implement the
     3     provisions and purposes of this act and the regulations
     4     promulgated pursuant to this act.
     5         (7)  Serve as the agency of the Commonwealth for the
     6     receipt of moneys from the Federal Government or other public
     7     agencies or private agencies and expend such moneys for
     8     studies and research with respect to, and for the enforcement
     9     and administration of, the provisions and purposes of this
    10     act and the regulations promulgated pursuant thereto.
    11         (8)  Institute, in a court of competent jurisdiction,
    12     proceedings against any person to compel compliance with the
    13     provisions of this act, any regulation promulgated pursuant
    14     thereto, any order of the department, or the terms and
    15     conditions of any approved municipal waste management plan.
    16         (9)  Institute prosecutions against any person under this
    17     act.
    18         (10)  Appoint such advisory committees as the secretary
    19     deems necessary and proper to assist the department in
    20     carrying out the provisions of this act. The secretary is
    21     authorized to pay reasonable and necessary expenses incurred
    22     by the members of such advisory committees in carrying out
    23     their functions.
    24         (11)  Encourage and, where the department determines it
    25     is appropriate, require counties and other municipalities to
    26     carry out their duties under this act, using the full range
    27     of incentives and enforcement authority provided in this act.
    28         (12)  Take any action not inconsistent with this act that
    29     the department may deem necessary or proper to collect the
    30     recycling fee provided by this act, to ensure the payment of
    19870S0528B2303                 - 21 -

     1     the host municipality benefit fee, and to ensure the payment
     2     of the site-specific postclosure fee and moneys for the trust
     3     fund for municipally operated landfills provided by this act.
     4         (13)  Administer and distribute moneys in the Recycling
     5     Fund for any public educational programs on recycling and
     6     waste reduction that the department believes to be
     7     appropriate, for technical assistance to counties in the
     8     preparation of municipal waste management plans, for
     9     technical assistance to municipalities concerning recycling
    10     and waste reduction, to conduct research, and for other
    11     purposes consistent with this act.
    12         (14)  To promote and emphasize recycling and waste
    13     reduction in the Commonwealth by, among other things:
    14             (i)  Conducting a comprehensive, innovative and
    15         effective public education program concerning the value
    16         of recycling and waste reduction, and of public
    17         opportunities to participate in such activities, in
    18         cooperation with the Department of Education.
    19             (ii)  Developing and maintaining a data base on
    20         recycling and waste reduction in the Commonwealth, and
    21         making the information in that data base available to the
    22         public.
    23             (iii)  Coordinating recycling and waste reduction
    24         efforts among Commonwealth agencies.
    25             (iv)  Providing financial and other assistance to
    26         municipalities that are required by section 1501 to
    27         implement recycling programs.
    28             (v)  Providing information about potential recycling
    29         markets to municipalities and other interested persons.
    30         (15)  Do any and all other acts and things, not
    19870S0528B2303                 - 22 -

     1     inconsistent with any provision of this act, which it may
     2     deem necessary or proper for the effective enforcement of
     3     this act and the regulations promulgated pursuant thereto
     4     after consulting with the Department of Health regarding
     5     matters of public health significance.
     6  Section 302.  Powers and duties of Environmental Quality Board.
     7     The Environmental Quality Board shall have the power and its
     8  duty shall be to adopt the regulations of the department to
     9  accomplish the purposes and to carry out the provisions of this
    10  act.
    11  Section 303.  Powers and duties of counties.
    12     (a)  Primary responsibility of county.--Each county shall
    13  have the power and its duty shall be to insure the availability
    14  of adequate permitted processing and disposal capacity for the
    15  municipal waste which is generated within its boundaries. As
    16  part of this power, a county:
    17         (1)  May require all persons to obtain licenses to
    18     collect and transport municipal waste subject to the plan to
    19     a municipal waste processing or disposal facility designated
    20     pursuant to subsection (e).
    21         (2)  Shall have the power and duty to implement its
    22     approved plan, including a plan approved under section
    23     501(b), as it relates to the processing and disposal of
    24     municipal waste generated within its boundaries.
    25         (3)  May plan for the processing and disposal of
    26     municipal waste generated outside its boundaries and to
    27     implement its approved plan as it relates to the processing
    28     and disposal of such waste.
    29         (4)  May adopt ordinances, resolutions, regulations and
    30     standards for the recycling of municipal waste or source-
    19870S0528B2303                 - 23 -

     1     separated recyclable material if one of the following
     2     requirements are met:
     3             (i)  Such ordinances, resolutions, regulations or
     4         standards are set forth in the approved plan, and do not
     5         interfere with the implementation of any municipal
     6         recycling program under section 1501.
     7             (ii)  Such ordinances, resolutions, regulations or
     8         standards are necessary to implement a municipal
     9         recycling program under section 1501 which the
    10         municipality has delegated to the county pursuant to
    11         section 304.
    12         (5)  May prohibit the siting of additional resource
    13     recovery facilities within its geographic boundaries where
    14     any additional resource recovery facility is inconsistent
    15     with the county plan pursuant to section 501(b) unless such
    16     facilities meet the criteria of section 502(c)(2) and
    17     (o)(1)(iii).
    18     (b)  Joint planning.--Any two or more counties may adopt and
    19  implement a single municipal waste management plan for the
    20  municipal waste generated within the combined area of the
    21  counties.
    22     (c)  Ordinances and resolutions.--In carrying out its duties
    23  under this section, a county may adopt ordinances, resolutions,
    24  regulations and standards for the processing and disposal of
    25  municipal waste, which shall not be less stringent than, and not
    26  in violation of or inconsistent with, the provisions and
    27  purposes of the Solid Waste Management Act, this act and the
    28  regulations promulgated pursuant thereto.
    29     (d)  Delegation of county responsibility.--A county may enter
    30  into a written agreement with another person pursuant to which
    19870S0528B2303                 - 24 -

     1  the person undertakes to fulfill some or all of the county's
     2  responsibilities under this act for municipal waste planning and
     3  implementation of the approved county plan. Any such person
     4  shall be jointly and severally responsible with the county for
     5  municipal waste planning and implementation of the approved
     6  county plan in accordance with this act and the regulations
     7  promulgated pursuant thereto.
     8     (e)  Designated sites.--A county with an approved municipal
     9  waste management plan that was submitted pursuant to section
    10  501(a), (b) or (c) of this act is also authorized to require
    11  that all municipal wastes generated within its boundaries shall
    12  be processed or disposed at a designated processing or disposal
    13  facility that is contained in the approved plan and permitted by
    14  the department under the act of July 7, 1980 (P.L.380, No.97),
    15  known as the Solid Waste Management Act. No county shall direct
    16  municipal waste or source-separated recyclable materials that
    17  would otherwise be recycled to any resource recovery facility or
    18  other facility for purposes other than recycling such waste.
    19  This subsection shall not apply to municipal waste going to
    20  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, and the weight or volume of
    30     materials that were recycled by the county in the preceding
    19870S0528B2303                 - 25 -

     1     calendar year.
     2  Section 304.  Powers and duties of municipalities other than
     3                 counties.
     4     (a)  Responsibility of other municipalities.--Each
     5  municipality other than a county shall have the power and its
     6  duty shall be to assure the proper and adequate transportation,
     7  collection and storage of municipal waste which is generated or
     8  present within its boundaries, to assure adequate capacity for
     9  the disposal of municipal waste generated within its boundaries
    10  by means of the procedure set forth in section 1111, and to
    11  adopt and implement programs for the collection and recycling of
    12  municipal waste or source-separated recyclable materials as
    13  provided in this act.
    14     (b)  Ordinances.--
    15         (1)  In carrying out its duties under this section, a
    16     municipality other than a county may adopt resolutions,
    17     ordinances, regulations and standards for the recycling,
    18     transportation, storage and collection of municipal wastes,
    19     or source-separated recyclable materials which shall not be
    20     less stringent than, and not in violation of or inconsistent
    21     with, the provisions and purposes of the Solid Waste
    22     Management Act, this act and the regulations promulgated
    23     pursuant thereto.
    24         (2)  The host municipality shall have the authority to
    25     adopt reasonable ordinances concerning the hours and days
    26     during which vehicles may deliver waste to the facility and
    27     the routing of traffic on public roads to the facility. Such
    28     ordinances may be in addition to, but not less stringent
    29     than, not inconsistent with and not in violation of, any
    30     provision of the Solid Waste Management Act, any regulation
    19870S0528B2303                 - 26 -

     1     promulgated pursuant to that act, any order issued under that
     2     act, or any permit issued pursuant to that act. Such
     3     ordinances found to be inconsistent and not in substantial
     4     conformity with this paragraph shall be superseded. Appeals
     5     under this paragraph may be brought before a court of
     6     competent jurisdiction.
     7     (c)  Contracting of responsibility.--A municipality other
     8  than a county may contract with any person to carry out its
     9  duties for the recycling, transportation, collection and storage
    10  of municipal waste and source-separated recyclable materials, if
    11  the recycling, transportation, collection or storage activity or
    12  facility is conducted or operated in a manner that is consistent
    13  with the Solid Waste Management Act, this act and the
    14  regulations promulgated pursuant thereto. Any such person shall
    15  be jointly and severally responsible with the municipality other
    16  than a county when carrying out its duties for transportation,
    17  collection or storage activity or facility.
    18     (d)  Designated sites.--A municipality other than a county
    19  may require by ordinance that all municipal waste generated
    20  within its jurisdiction shall be disposed of or processed at a
    21  designated permitted facility. Such ordinance shall include an
    22  ordinance that is part of a plan approved under section 501(b).
    23  Such ordinance shall remain in effect until the county in which
    24  the municipality is located adopts a waste flow control
    25  ordinance as part of a plan submitted to the department pursuant
    26  to section 501(a) or (c) and approved by the department. Except
    27  as provided in section 502(o), any such county ordinance shall
    28  supersede any such municipal ordinance to the extent that the
    29  municipal ordinance is inconsistent with the county ordinance.
    30     (e)  Term and renewals of certain contracts.--The governing
    19870S0528B2303                 - 27 -

     1  body of a municipality other than a county shall have the power
     2  to, and may, enter into contracts having an initial term of five
     3  years with optional renewal periods of up to five years with
     4  persons responsible for the collection or transportation of
     5  municipal waste generated within the municipality. The
     6  limitations imposed on contracts by section 1502(XXVII) of the
     7  act of June 24, 1931 (P.L.1206, No.331), known as The First
     8  Class Township Code, and section 702 (VIII) of the act of May 1,
     9  1933 (P.L.103, No.69), known as The Second Class Township Code,
    10  shall not apply to contracts entered into pursuant to this act.
    11  Nothing in this act shall impair municipalities, other than
    12  counties, from entering into disposal contracts under section
    13  502(o).
    14     (f)  Report.--On or before February 15 of each year, each
    15  municipality other than a county that is implementing a
    16  recycling program shall submit a report to the county in which
    17  the municipality is located. The report shall describe the
    18  weight or volume of materials that were recycled by the
    19  municipal recycling program in the preceding calendar year.
    20                             CHAPTER 5
    21                      MUNICIPAL WASTE PLANNING
    22  Section 501.  Schedule for submission of municipal waste
    23                 management plans.
    24     (a)  Submission of plan.--Except as provided in subsections
    25  (b) and (c), each county shall submit to the department within
    26  two and one-half years of the effective date of this act an
    27  officially adopted municipal waste management plan for municipal
    28  waste generated within its boundaries. Such plan shall be
    29  consistent with the requirements of this act. For the purposes
    30  of this chapter, the term "county" includes cities of the first
    19870S0528B2303                 - 28 -

     1  class but does not include counties of the first class.
     2     (b)  Existing plans.--A county that has submitted a complete
     3  municipal waste management plan to the department for approval
     4  on or before 30 days from the effective date of this act, shall
     5  be deemed to have a plan approved pursuant to section 505 if:
     6         (1)  The department has granted technical or preliminary
     7     approval of such plan under 25 Pa. Code §§ 75.11 through
     8     75.13 within 90 days after the submission of the plan.
     9         (2)  More than one-half of the municipalities within the
    10     county, representing more than one-half of the county's
    11     population as determined by the most recent decennial census
    12     by the United States Bureau of the Census, have adopted
    13     resolutions approving such plan within 180 days after
    14     submission of the plan.
    15     (c)  Plan revisions.--Each county with an approved municipal
    16  waste management plan shall submit a revised plan to the
    17  department in accordance with the requirements of this act:
    18         (1)  At least three years prior to the time all remaining
    19     available permitted capacity for the county will be
    20     exhausted.
    21         (2)  For plans approved pursuant to subsection (b),
    22     within two years of the effective date of this act. Such plan
    23     revisions shall be consistent with the requirements of this
    24     chapter except to the extent that the county demonstrates to
    25     the department's satisfaction that irrevocable contracts made
    26     by or pursuant to the approved plan preclude compliance with
    27     the requirements of this chapter.
    28         (3)  When otherwise required by the department.
    29     (d)  Procedure for considering plan revisions.--At least 30
    30  days before submitting any proposed plan revision to the
    19870S0528B2303                 - 29 -

     1  department, the county shall submit a copy of the proposed
     2  revision to the advisory committee established pursuant to
     3  section 503 and to each municipality within the county. All plan
     4  revisions that are determined by the county or by the department
     5  to be substantial shall be subject to the requirements of
     6  sections 503 and 504. The plan revisions required by subsection
     7  (c)(2) shall be considered substantial plan revisions.
     8  Section 502.  Content of municipal waste management plans.
     9     (a)  General rule.--Except as provided in section 501(b),
    10  every plan submitted after the effective date of this act shall
    11  comply with the provisions of this section.
    12     (b)  Description of waste.--The plan shall describe and
    13  explain the origin, content and weight or volume of municipal
    14  waste currently generated within the county's boundaries, and
    15  the origin, content and weight or volume of municipal waste that
    16  will be generated within the county's boundaries during the next
    17  ten years.
    18     (c)  Description of facilities.--The plan shall identify and
    19  describe the facilities where municipal waste is currently being
    20  disposed or processed and the remaining available permitted
    21  capacity of such facilities and the capacity which could be made
    22  available through the reasonable expansion of such facilities.
    23  The plan shall contain an analysis of the effect of current and
    24  planned recycling on waste generated within the county. The plan
    25  shall also explain the extent to which existing facilities will
    26  be used during the life of the plan, and shall not substantially
    27  impair the use of their remaining permitted capacity or of
    28  capacity which could be made available through the reasonable
    29  expansion of such facilities. For purposes of this subsection,
    30  existing facilities shall include:
    19870S0528B2303                 - 30 -

     1         (1)  Facilities holding permits for which a complete
     2     permit application under the Solid Waste Management Act is
     3     filed with the department within one year from the effective
     4     date of this act or within one year of the date written
     5     notice of the development of a plan is given to
     6     municipalities pursuant to section 503(b) or within six
     7     months of the written notice for a substantial plan revision
     8     is given to municipalities pursuant to section 503(b),
     9     whichever is the later, unless such permit application is
    10     denied by the department.
    11         (2)  Resource recovery facilities for which the owner or
    12     operator of the facility has deposited funds into escrow for
    13     financing of the facility or has secured permanent bond
    14     financing for the facility or has signed an electric power
    15     contract with a public utility and such contract has been
    16     approved by the commission.
    17         (3)  Any facility which is a resource recovery facility
    18     or municipal waste landfill which, on or before the effective
    19     date of this act to the department's satisfaction meets all
    20     of the following criteria:
    21             (i)  The applicant has acquired ownership of the
    22         site.
    23             (ii)  The applicant has agreements for disposal of
    24         municipal waste.
    25             (iii)  The applicant meets one of the following:
    26                 (A)  The applicant has a permit from the
    27             department on the effective date of this act.
    28                 (B)  The applicant has received a permit within
    29             one year from the date written notice of the plan or
    30             the plan revisions is given to the municipalities
    19870S0528B2303                 - 31 -

     1             pursuant to section 503(b).
     2                 (C)  A permit application is submitted to the
     3             department within one year of the effective date of
     4             this act.
     5  In addition, the plan shall give consideration to the potential
     6  expansion of existing municipal waste processing or disposal
     7  facilities located in the county. For the purposes of this
     8  subsection, the department shall determine whether applications
     9  are complete within 90 days of their receipt and, if incomplete,
    10  specify to the applicant all deficiencies of the application.
    11  Any subsequent plan revisions shall identify and describe the
    12  facilities where municipal waste is currently being disposed or
    13  processed and the remaining available permitted capacity of such
    14  facilities and the plan shall consider the capacity which could
    15  be made available through the reasonable expansion of such
    16  facilities.
    17     (d)  Estimated future capacity.--The plan shall estimate the
    18  processing or disposal capacity needed for the municipal waste
    19  that will be generated in the county during the next ten years.
    20  The assessment shall describe the primary variables affecting
    21  this estimate and the extent to which they can reasonably be
    22  expected to affect the estimate, including, but not limited to,
    23  the amount of residual waste disposed or processed at municipal
    24  waste disposal or processing facilities in the county and the
    25  extent to which residual waste may be disposed or processed at
    26  such facilities during the next ten years. If the plan indicates
    27  that additional processing or disposal capacity is needed by the
    28  county, the county shall give public notice of such a
    29  determination and solicit proposals and recommendations
    30  regarding facilities and programs to provide such capacity. The
    19870S0528B2303                 - 32 -

     1  county shall provide a copy of such notice to the department
     2  which shall cause a copy of such notice to be published in the
     3  Pennsylvania Bulletin.
     4     (e)  Description of recyclable materials.--
     5         (1)  The plan shall describe and evaluate:
     6             (i)  The kind and weight or volume of materials that
     7         could be recycled, giving consideration at a minimum to
     8         the following materials: clear glass, colored glass,
     9         aluminum, steel and bimetallic cans, high grade office
    10         paper, newsprint, corrugated paper, plastics and leaf
    11         waste.
    12             (ii)  Potential benefits of recycling, including the
    13         potential solid waste reduction and the avoided cost of
    14         municipal waste processing or disposal.
    15             (iii)  Existing materials recovery operations and the
    16         kind and weight or volume of materials recycled by the
    17         operations, whether public or private.
    18             (iv)  The compatibility of recycling with other
    19         municipal waste processing or disposal methods, giving
    20         consideration to and describing anticipated and available
    21         markets for materials collected through municipal
    22         recycling programs.
    23             (v)  Proposed or existing collection methods for
    24         recyclable materials.
    25             (vi)  Options for ensuring the collection of
    26         recyclable materials.
    27             (vii)  Options for the processing, storage and sale
    28         of recyclable materials, including market commitments.
    29         The plan shall consider the results of the market
    30         development study required by section 508, if the results
    19870S0528B2303                 - 33 -

     1         are available.
     2             (viii)  Options for municipal cooperation or
     3         agreement for the collection, processing and sale of
     4         recyclable materials.
     5             (ix)  A schedule for implementation of the recycling
     6         program.
     7             (x)  Estimated costs of operating and maintaining a
     8         recycling program, estimated revenue from the sale or use
     9         of materials and avoided costs of processing or disposal.
    10         This estimate shall be based on a comparison of public
    11         and private operation of some or all parts of the
    12         recycling program.
    13             (xi)  What consideration for the collection,
    14         marketing and disposition of recyclable materials will be
    15         accorded to persons engaged in the business of recycling
    16         on the effective date of this act, whether or not the
    17         persons are operating for profit.
    18             (xii)  A public information and education program
    19         that will provide comprehensive and sustained public
    20         notice of recycling program features and requirements.
    21         (2)  Any county containing municipalities that are
    22     required by section 1501 to implement recycling programs
    23     shall take the provisions of that section into account in
    24     preparing the recycling portion of its plan.
    25         (3)  Nothing in this chapter shall be construed or
    26     understood to prohibit preparation of a county municipal
    27     waste management plan prior to developing and implementing
    28     any recycling program required by Chapter 15.
    29     (f)  Financial factors.--The plan shall describe the type,
    30  mix, size, expected cost and proposed methods of financing the
    19870S0528B2303                 - 34 -

     1  facilities, recycling programs or waste reduction programs that
     2  are proposed for the processing and disposal of the municipal
     3  waste or source-separated recyclable materials that will be
     4  generated within the county's boundaries during the next ten
     5  years. For every proposed facility, recycling program or waste
     6  reduction program, the plan shall discuss all of the following:
     7         (1)  Explain in detail the reason for selecting such
     8     facility or program.
     9         (2)  Describe alternative facilities or programs,
    10     including, but not limited to, waste reduction, recycling, or
    11     resource recovery facilities or programs, that were
    12     considered and provide reasonable assurances that the county
    13     utilized a fair, open and competitive process for selecting
    14     such facilities or programs from among alternatives which
    15     were suggested to the county.
    16         (3)  Evaluate the environmental, energy, life cycle cost,
    17     the costs of transportation to each facility considered and
    18     economic advantages and disadvantages of the proposed
    19     facility or program as well as the alternatives considered.
    20         (4)  Show that adequate provision for existing and
    21     reasonably anticipated future recycling has been made in
    22     designing the size of any proposed facility.
    23         (5)  Set forth a time schedule and program for planning,
    24     design, siting, construction and operation of each proposed
    25     facility or program.
    26     (g)  Location.--The plan shall identify the general location
    27  within a county where each municipal waste processing or
    28  disposal facility and each recycling program identified in
    29  subsection (f) will be located, and either identify the site of
    30  each facility if the site has already been chosen or explain how
    19870S0528B2303                 - 35 -

     1  the site will be chosen. For any facility that is proposed to be
     2  located outside the county, the plan shall explain in detail the
     3  reasons for selecting such a facility.
     4     (h)  Implementing entity identification.--The plan shall
     5  identify the governmental entity that will be responsible for
     6  implementing the plan on behalf of the county and describe the
     7  legal basis for that entity's authority to do so.
     8     (i)  Public function.--Where the county determines that it is
     9  in the public interest for municipal waste processing or
    10  disposal to be a public function, the plan shall provide for
    11  appropriate mechanisms, subject to the limitations set forth in
    12  section 902(a) on the use of grant moneys by municipalities for
    13  purchasing equipment for processing solid waste.
    14     (j)  Copies of ordinances and resolutions.--The plan shall
    15  include any proposed ordinances, negotiated contracts or
    16  requirements that will be used to insure the operation of any
    17  facilities proposed in the plan. For each ordinance, contract or
    18  requirement, the plan shall identify the areas of the county to
    19  be affected, the expected effective date and the implementing
    20  mechanism.
    21     (k)  Orderly extension.--The plan shall provide for the
    22  orderly extension of municipal waste management systems in a
    23  manner that is consistent with the needs of the area and is also
    24  consistent with any existing State, regional or local plans
    25  affecting the development, use and protection of air, water,
    26  land or other natural resources. The plan shall also take into
    27  consideration planning, zoning, population estimates,
    28  engineering and economics.
    29     (l)  Methods of disposal other than by contract.--If the
    30  county proposes to require, by means other than contracts, that
    19870S0528B2303                 - 36 -

     1  municipal wastes generated within its boundaries be processed or
     2  disposed at a designated facility under section 303(c), the plan
     3  shall so state. The plan shall explain the basis for such a
     4  proposal, giving consideration to alternative means of ensuring
     5  that waste generated within the county's boundaries is processed
     6  or disposed in an environmentally acceptable manner. A copy of
     7  the proposed ordinance or other legal instrument that would
     8  effectuate this proposal shall also be included.
     9     (m)  County ownership.--If the county proposes to own or
    10  operate a municipal waste processing or disposal facility, the
    11  plan shall so state. The plan shall also explain the basis for
    12  such a proposal, giving consideration to the comparative costs
    13  and benefits of private ownership and operation of municipal
    14  waste processing or disposal facilities.
    15     (n)  Other information.--The plan shall include any other
    16  information that the department may require.
    17     (o)  Noninterference with certain resource recovery
    18  facilities and landfills.--
    19         (1)  No county municipal waste management plan shall
    20     interfere with the design, construction, operation, financing
    21     or contractual obligations of any municipal processing or
    22     disposal facility, including any reasonable expansion of an
    23     existing facility which meets any of the following
    24     requirements:
    25             (i)  A resource recovery facility or municipal waste
    26         landfill that is part of a complete municipal waste
    27         management plan submitted by a municipality or
    28         organization of municipalities under the Solid Waste
    29         Management Act prior to the effective date of this act,
    30         and for which a complete permit application under the
    19870S0528B2303                 - 37 -

     1         Solid Waste Management Act is submitted to the department
     2         within one year of the effective date of this act.
     3             (ii)  The projects, plans or operations of a
     4         municipality authority created under the act of May 2,
     5         1945 (P.L.382, No.164), known as the Municipality
     6         Authorities Act of 1945, or of an organization of
     7         municipalities which (municipality authority or
     8         organization of municipalities) is created by two or more
     9         municipalities prior to the effective date of this act
    10         for the purposes of providing for collection, storage,
    11         transportation, processing or disposal of solid waste
    12         generated within the municipalities and which
    13         (municipality authority or organization of
    14         municipalities) submits to the department within one year
    15         of the effective date of this act, and is approved by the
    16         department, a solid waste management plan, consistent
    17         with the other provisions of this section, that includes
    18         each member municipality. This subparagraph applies to
    19         the projects, plans and operations of municipalities
    20         which are members of the municipality authority or
    21         organization of municipalities.
    22             (iii)  The owner or operator of the facility has
    23         deposited funds into escrow for financing of the facility
    24         or has secured permanent bond financing for the facility
    25         or has signed an electric power contract with a public
    26         utility and such a contract has been approved by the
    27         commission.
    28             (iv)  The implementation of a county municipal waste
    29         plan pursuant to section 501(b) which has designated an
    30         existing permitted solid waste management facility, on or
    19870S0528B2303                 - 38 -

     1         before the effective date of this act, owned by a local
     2         public agency other than the county in which the facility
     3         is located.
     4             (v)  The facility is a resource recovery facility or
     5         municipal waste landfill which, on or before the
     6         effective date of this act to the department's
     7         satisfaction, meets all of the following criteria:
     8                 (A)  The applicant has acquired ownership of the
     9             site.
    10                 (B)  The applicant has agreements for disposal of
    11             municipal waste.
    12                 (C)  The applicant meets one of the following:
    13                     (I)  The applicant has a permit from the
    14                 department on the effective date of this act.
    15                     (II)  The applicant has received a permit
    16                 within one year from the date written notice of
    17                 the plan or the plan revisions is given to the
    18                 municipalities pursuant to section 503(b).
    19                     (III)  A permit application is submitted to
    20                 the department within one year of the effective
    21                 date of this act.
    22         (2)  Within 120 days after receiving a complete plan, the
    23     department shall give it preliminary or technical approval
    24     under 25 Pa. Code §§ 75.11 through 75.13 or disapprove it.
    25     (p)  Public participation.--The plan shall include provisions
    26  for public participation in the implementation of the plan,
    27  including, but not limited to, an advisory committee to provide
    28  oversight and advice on the implementation of the plan.
    29  Section 503.  Development of municipal waste management plans.
    30     (a)  Advisory committee.--Prior to preparing a plan or
    19870S0528B2303                 - 39 -

     1  substantial plan revisions for submission to the department in
     2  accordance with the provisions of this act, the county shall
     3  form an advisory committee, which shall include representatives
     4  of all classes of municipalities within the county, citizen
     5  organizations, industry, the private solid waste industry
     6  operating within the county, the private recycling or scrap
     7  material processing industry operating within the county, the
     8  county recycling coordinator, if one exists, and any other
     9  persons deemed appropriate by the county. The advisory committee
    10  shall review the plan during its preparation, make suggestions
    11  and propose any changes it believes appropriate.
    12     (b)  Written notice.--The county shall provide written notice
    13  to all municipalities within the county when plan development
    14  begins and shall provide periodic written progress reports to
    15  such municipalities concerning the preparation of the plan.
    16     (c)  Review and comment.--Prior to adoption by the governing
    17  body of the county, the county shall submit copies of the
    18  proposed plan for review and comment to the department, all
    19  municipalities within the county, all areawide planning agencies
    20  and the county health department, if one exists. The county
    21  shall also make the proposed plan available for public review
    22  and comment. The period for review and comment shall be 90 days.
    23  The county shall hold at least one public hearing on the
    24  proposed plan during this period. The plan subsequently
    25  submitted to the governing body of the county for adoption shall
    26  be accompanied by a document containing written responses to
    27  comments made during the comment period.
    28     (d)  Adoption and ratification of plan.--The governing body
    29  of the county shall adopt a plan within 60 days from the end of
    30  the public comment period. Not later than ten days following
    19870S0528B2303                 - 40 -

     1  adoption of a plan by the governing body of the county, the plan
     2  shall be sent to municipalities within the county for
     3  ratification. If a municipality does not act on the plan within
     4  90 days of its submission to such municipality, it shall be
     5  deemed to have ratified the plan. If more than one-half of the
     6  municipalities, representing more than one-half of the county's
     7  population as determined by the most recent decennial census by
     8  the United States Bureau of the Census, ratify the plan, then
     9  the county within ten days of ratification shall submit the plan
    10  to the department for approval.
    11     (e)  Statement of objections.--A municipality may not
    12  disapprove of a proposed county plan unless the municipality's
    13  resolution of disapproval contains a concise statement of its
    14  objections to the plan. Each municipality disapproving a plan
    15  shall immediately transmit a copy of its resolution of
    16  disapproval to the county and the advisory committee. A
    17  conditional approval shall be considered a disapproval.
    18  Section 504.  Failure to ratify plan.
    19     (a)  Submission.--If the plan is not ratified as provided in
    20  section 503(d), the county shall meet with the advisory
    21  committee to discuss the reasons that the plan was not ratified.
    22  The advisory committee shall submit a recommendation concerning
    23  a revised county plan to the county within 45 days after it
    24  becomes apparent that the plan has failed to obtain
    25  ratification. The advisory committee's recommendation shall
    26  specifically address the objections stated by municipalities in
    27  their resolutions of disapproval of the county plan.
    28     (b)  Adoption of revised plan by county.--The governing body
    29  of the county shall adopt a revised plan within 75 days after it
    30  has become apparent that the original plan has failed to obtain
    19870S0528B2303                 - 41 -

     1  ratification. Not later than five days following adoption of a
     2  revised plan by the governing body of the county, the plan shall
     3  be sent to municipalities within the county for ratification. If
     4  a municipality does not act on the revised plan within 45 days
     5  of its submission to such municipality, it shall be deemed to
     6  have ratified the plan. If more than one-half of the
     7  municipalities, representing more than one-half of the county's
     8  population as determined by the most recent decennial census by
     9  the United States Bureau of the Census, ratify the revised plan,
    10  then the county within ten days of ratification shall submit the
    11  revised plan to the department for approval.
    12     (c)  Statement of objections.--A municipality may not
    13  disapprove of a proposed revised county plan unless the
    14  municipality's resolution of disapproval contains a concise
    15  statement of its objections to the plan. Each municipality shall
    16  immediately transmit a copy of its resolution of disapproval to
    17  the county.
    18     (d)  Failure to ratify revised plan.--If the plan is not
    19  ratified as provided in subsection (b), the county shall submit
    20  the revised plan to the department for approval. The revised
    21  plan shall be submitted within ten days after it is apparent
    22  that the plan has failed to obtain ratification and shall be
    23  accompanied by the county's written response to the objections
    24  stated by municipalities in the resolutions of disapproval.
    25  Section 505.  Review of municipal waste management plans.
    26     (a)  Departmental approval options.--Within 30 days after
    27  receiving a complete plan, the department shall approve,
    28  conditionally approve or disapprove it, unless the department
    29  gives written notice that additional time is necessary to
    30  complete its review. If the department gives such notice, it
    19870S0528B2303                 - 42 -

     1  shall have 30 additional days to render a decision.
     2     (b)  Minimum plan requirement.--The department shall approve
     3  any county plan that demonstrates to the satisfaction of the
     4  department that:
     5         (1)  The plan is complete and accurate, and consistent
     6     with this act and regulations promulgated hereunder.
     7         (2)  The plan provides for the maximum feasible
     8     development and implementation of recycling programs.
     9         (3)  The plan provides for the processing and disposal of
    10     municipal waste in a manner that is consistent with the
    11     requirements of the Solid Waste Management Act, and the
    12     regulations promulgated pursuant thereto.
    13         (4)  The plan provides for the processing and disposal of
    14     municipal waste for at least ten years.
    15         (5)  If the plan proposes that municipal waste generated
    16     within the county's boundaries be required, by means other
    17     than contracts, to be processed or disposed at a designated
    18     facility under section 303(e), the plan explains the basis
    19     for doing so.
    20         (6)  If the plan proposes that the county own or operate
    21     a municipal waste processing or disposal facility, the plan
    22     explains the basis for doing so.
    23     (c)  Zoning powers unaffected.--Nothing in this act shall be
    24  construed or understood to enlarge or diminish the authority of
    25  municipalities to adopt ordinances pursuant to, or to exempt
    26  persons acting under the authority of this act from, the
    27  provisions of the act of July 31, 1968 (P.L.805, No.247), known
    28  as the Pennsylvania Municipalities Planning Code, provided such
    29  ordinances do not interfere with the reasonable expansion,
    30  pursuant to a permit application filed with the department prior
    19870S0528B2303                 - 43 -

     1  to the effective date of this act, of existing permitted
     2  municipal owned municipal waste landfills.
     3  Section 506.  Contracts.
     4     (a)  General rule.--Except as otherwise provided in this act,
     5  nothing in this act shall be construed to interfere with, or in
     6  any way modify, the provisions of any contract for municipal
     7  waste disposal, processing or collection in force in any county,
     8  other municipality or municipal authority upon the effective
     9  date of this act or prior to the adoption pursuant to this act
    10  of a department-approved municipal waste management plan.
    11     (b)  Renewals.--No renewal of any existing contract upon the
    12  expiration or termination of the original term thereof, and no
    13  new contract for municipal waste disposal, processing or
    14  collection shall be entered into after the effective date of
    15  this act, if such renewal or such new contract fails to conform
    16  to the applicable provisions of this act or interferes with the
    17  implementation of a department-approved municipal waste
    18  management plan.
    19  Section 507.  Relationship between plans and permits.
    20     (a)  Limitation on permit issuance.--After the date of
    21  submission to the department of all executed ordinances,
    22  contracts or other requirements under section 513, the
    23  department shall not issue any permit, or any permit that
    24  results in additional capacity, for a municipal waste landfill
    25  or resource recovery facility under the Solid Waste Management
    26  Act, in the county unless the applicant demonstrates to the
    27  department's satisfaction that the proposed facility:
    28         (1)  is provided for in the plan for the county; or
    29         (2)  meets all of the following requirements:
    30             (i)  The proposed facility will not interfere with
    19870S0528B2303                 - 44 -

     1         implementation of the approved plan.
     2             (ii)  The proposed facility will not interfere with
     3         municipal waste collection, storage, transportation,
     4         processing or disposal in the host county.
     5             (iii)  The proposed location of the facility is at
     6         least as suitable as alternative locations giving
     7         consideration to environmental and economic factors.
     8             (iv)  The governing body of the proposed host county
     9         has received written notice of the proposed facility from
    10         the applicant pursuant to section 504 of the Solid Waste
    11         Management Act, and within 60 days from such
    12         notification, the governing body of the proposed host
    13         county has not provided the department with written
    14         objections to the proposed facility. Should the governing
    15         body of the proposed host county file timely objections
    16         to the department, the department shall not approve the
    17         permit application, unless the department determines the
    18         proposed facility complies with the appropriate
    19         environmental, public health and safety requirements and
    20         is in compliance with this paragraph.
    21     (b)  Exemption.--This section shall not impose any limitation
    22  on the department's authority to issue a permit in a county
    23  prior to the department's approval of a municipal waste
    24  management plan for the county under this act.
    25  Section 508.  Studies.
    26     (a)  Market development for recyclable materials.--Within 15
    27  months after the effective date of this act, the department
    28  shall submit to the General Assembly a report that describes:
    29         (1)  The current and projected capacity of existing
    30     markets to absorb materials generated by municipal recycling
    19870S0528B2303                 - 45 -

     1     programs in this Commonwealth.
     2         (2)  Market conditions that inhibit or affect demand for
     3     materials generated by municipal recycling programs.
     4         (3)  Potential opportunities to increase demand for and
     5     use of materials generated by municipal recycling programs.
     6         (4)  Recommendations for specific actions to increase and
     7     stabilize the demand for materials generated by municipal
     8     recycling programs, including, but not limited to, proposed
     9     legislation if necessary.
    10         (5)  Specific recommendations on markets for recycled
    11     materials for each region of this Commonwealth.
    12     (b)  Update of market study.--Within three years after the
    13  completion of the market development study described in
    14  subsection (a), the department shall submit to the General
    15  Assembly an update of the study, taking into account information
    16  developed since its completion.
    17     (c)  Waste reduction.--Within 24 months after the effective
    18  date of this act, the department shall submit to the General
    19  Assembly a report:
    20         (1)  That describes various mechanisms that could be
    21     utilized to stimulate and enhance waste reduction, including
    22     their advantages and disadvantages. The mechanisms to be
    23     analyzed shall include, but not be limited to, incentives for
    24     prolonging product life, methods for ensuring product
    25     recyclability, taxes for excessive packaging, tax incentives,
    26     prohibitions on the use of certain products and performance
    27     standards for products.
    28         (2)  That includes recommendations to stimulate and
    29     enhance waste reduction, including, but not limited to,
    30     proposed legislation if necessary.
    19870S0528B2303                 - 46 -

     1     (d)  Update of waste reduction study.--Within three years
     2  after the completion of the waste reduction study described in
     3  subsection (c), the department shall submit to the General
     4  Assembly an update of the study, taking into account information
     5  developed since its completion.
     6     (e)  Distribution to municipalities.--The department shall
     7  promptly make available to municipalities and other interested
     8  persons the results of the studies required by this section.
     9  Section 509.  Best available technology.
    10     (a)  Publication of criteria.--The department, after public
    11  notice and an opportunity for comment, shall publish in the
    12  Pennsylvania Bulletin criteria for best available technology (as
    13  defined in 25 Pa. Code § 121.1 (relating to definitions)) for
    14  new resource recovery facilities.
    15     (b)  Restriction on issuance of certain permits.--The
    16  department shall not issue any approval or permit for a new
    17  resource recovery facility under the act of January 8, 1960
    18  (1959 P.L.2119, No.787), known as the Air Pollution Control Act,
    19  that is less stringent than any provision of the applicable best
    20  available technology criteria. The department shall require any
    21  permit renewal of a resource recovery facility to operate in
    22  compliance with the reasonably available technology control
    23  standards as established by the department.
    24     (c)  Operation tests and reports.--The operator of any
    25  resource recovery facility shall conduct tests for emissions of
    26  particulate matter in accordance with standards of performance
    27  for new sources specified by the United States Environmental
    28  Protection Agency for incinerators, resource recovery facilities
    29  and associated control devices and shall report the results in a
    30  manner established by the department.
    19870S0528B2303                 - 47 -

     1     (d)  New technologies.--Nothing contained in this act shall
     2  prohibit a private commercial enterprise from developing and
     3  implementing innovative or alternative, environmentally
     4  acceptable, means of reducing, processing, recycling and/or
     5  disposing of waste generated by the applicant commercial
     6  enterprise's operation, either onsite or otherwise, which means
     7  are not violative of, nor inconsistent with, the provisions and
     8  purposes of the Solid Waste Management Act, this act and
     9  department regulations.
    10  Section 510.  Permit requirements.
    11     (a)  Permits.--The department shall not issue any approval or
    12  permit for a resource recovery facility under the Solid Waste
    13  Management Act, unless the applicant has provided the department
    14  with adequate documentation and assurances that all ash residue
    15  produced from or by a resource recovery facility will be
    16  disposed at a permitted landfill. Prior to the approval of any
    17  permit application for a resource recovery facility, the
    18  operator shall submit a plan to the department for the alternate
    19  disposal of municipal waste designated for disposal at the
    20  resource recovery facility.
    21     (b)  Study of effects on water supply.--The department shall
    22  not issue any approval or permit for a resource recovery
    23  facility unless the applicant has provided the department with a
    24  study that documents the short-term and long-term effects that
    25  the facility will have on the public and private water supply.
    26  The study shall include, but not be limited to, effects of
    27  pollution, contamination, diminution, and alternative sources of
    28  water adequate in quantity and quality for the purposes served
    29  by the water supply both public and private.
    30  Section 511.  Site limitation.
    19870S0528B2303                 - 48 -

     1     (a)  General rule.--The department shall not issue a permit
     2  for, nor allow the operation of, a new municipal waste landfill,
     3  a new commercial residual waste treatment facility or a new
     4  resource recovery facility within 300 yards of a building which
     5  is owned by a school district or a parochial school and used for
     6  instructional purposes, parks or playgrounds existing prior to
     7  the date the department has received an administratively
     8  complete application for a permit for such facilities. This
     9  subsection shall not affect any modification, extension,
    10  addition or renewal of existing permitted facilities.
    11     (b)  Existing features.--In applying subsection (a), the
    12  department shall use the same provisions concerning existing
    13  features that are present in its municipal waste regulations for
    14  other areas where municipal waste landfills and resource
    15  recovery facilities are prohibited.
    16     (c)  Authorization.--Nothing in this section shall prevent
    17  the department from establishing site limitations by regulation
    18  under the Solid Waste Management Act, in addition to or more
    19  stringent than those established in this section.
    20     (d)  Exemption by request.--The current property owner under
    21  subsection (a) in which a new facility is proposed may waive the
    22  300-yard prohibition  by signing a written waiver and, upon such
    23  request, the department shall waive the 300 yard prohibition and
    24  shall not use such prohibition as the basis for the denial of a
    25  new permit.
    26     (e)  Waiver.--The department may grant a waiver of the
    27  property line setback requirement in the department's
    28  regulations under the Solid Waste Management Act for resource
    29  recovery facilities if, upon petition by a permit applicant, the
    30  department determines that the proposed facility is in
    19870S0528B2303                 - 49 -

     1  conformance with local zoning codes and that the operation of
     2  the facility would result in an overall reduction in air
     3  emissions and that all owners of occupied dwellings within the
     4  above setbacks have provided written waivers consenting to the
     5  facility being closer than required in the regulations.
     6  Section 512.  Completeness review.
     7     (a)  General rule.--After receipt of a permit application
     8  under the Solid Waste Management Act for a landfill or resource
     9  recovery facility, the department shall determine whether the
    10  application is administratively complete. For purposes of this
    11  section, an application is administratively complete if it
    12  contains 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 construction/demolition
    30         waste landfills, within nine months from the date of the
    19870S0528B2303                 - 50 -

     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  Section 513.  Future availability.
    14     (a)  Submission of ordinances.--Within one year following
    15  approval of a plan by the department, including plans approved
    16  pursuant to section 501(b), the county shall cause to be
    17  submitted to the department copies of all executed ordinances,
    18  contracts or other requirements to implement its approved plan
    19  and that will be used to ensure sufficient available capacity to
    20  properly dispose or process all municipal waste that is expected
    21  to be generated within the county for the next ten years. The
    22  county may have such documents, contracts or other requirements
    23  submitted by a person to whom it has delegated such
    24  responsibility under section 303(d).
    25     (b)  Acceptable documents.--The contracts or other documents
    26  shall make the demonstration required by subsection (a) by any
    27  of the following:
    28         (1)  County ownership, operation or control of a facility
    29     or facilities with such available capacity.
    30         (2)  Contracts between the county and one or more persons
    19870S0528B2303                 - 51 -

     1     for the right to use a facility or facilities with such
     2     available capacity.
     3         (3)  Third-party contracts for the right to use a
     4     facility or facilities with such available capacity.
     5     (c)  Compliance.--The county shall assure that facilities
     6  subject to this section meet the requirements of section 507(a).
     7     (d)  Definition.--As used in this section, the term
     8  "sufficient available capacity" includes facilities not in
     9  existence for which the county has binding commitments.
    10                             CHAPTER 7
    11                           RECYCLING FEE
    12  Section 701.  Recycling fee for municipal waste landfills and
    13                 resource recovery facilities.
    14     (a)  Imposition.--There is imposed a recycling fee of $2 per
    15  ton for all solid waste processed at resource recovery
    16  facilities and for all solid waste except process residue and
    17  nonprocessible waste from a resource recovery facility that is
    18  disposed of at municipal waste landfills. Such fee shall be paid
    19  by the operator of each municipal waste landfill and resource
    20  recovery facility.
    21     (b)  Alternative calculation.--The fee for operators of
    22  municipal waste landfills and resource recovery facilities that
    23  do not weigh solid waste when it is received shall be calculated
    24  as if three cubic yards were equal to one ton of solid waste.
    25     (c)  Waste weight requirement.--On and after April 9, 1990,
    26  each operator of a municipal waste landfill and resource
    27  recovery facility that has received 30,000 or more cubic yards
    28  of solid waste in the previous calendar year shall weigh all
    29  solid waste when it is received. The scale used to weigh solid
    30  waste shall conform to the requirements of the act of December
    19870S0528B2303                 - 52 -

     1  1, 1965 (P.L.988, No.368), known as the Weights and Measures Act
     2  of 1965, and the regulations promulgated pursuant thereto. The
     3  operator of the scale shall be a licensed public weighmaster
     4  under the act of April 28, 1961 (P.L.135, No.64), known as the
     5  Public Weighmaster's Act, and the regulations promulgated
     6  pursuant thereto.
     7     (d)  Sunset for fee.--No fee shall be imposed under this
     8  section on and after the first day of the eleventh year
     9  following the effective date of this act.
    10  Section 702.  Form and timing of recycling fee payment.
    11     (a)  Quarterly payments.--Each operator of a municipal waste
    12  landfill and resource recovery facility shall make the recycling
    13  fee payment quarterly. The fee shall be paid on or before the
    14  20th day of April, July, October and January for the three
    15  months ending the last day of March, June, September and
    16  December.
    17     (b)  Quarterly reports.--Each recycling fee payment shall be
    18  accompanied by a form prepared and furnished by the department
    19  and completed by the operator. The form shall state the total
    20  weight or volume of solid waste received by the facility during
    21  the payment period and provide any other aggregate information
    22  deemed necessary by the department to carry out the purposes of
    23  this act. The form shall be signed by the operator.
    24     (c)  Timeliness of payment.--The operator shall be deemed to
    25  have made a timely payment of the recycling fee if the operator
    26  complies with all of the following:
    27         (1)  The enclosed payment is for the full amount owed
    28     pursuant to this section and no further departmental action
    29     is required for collection.
    30         (2)  The payment is accompanied by the required form, and
    19870S0528B2303                 - 53 -

     1     such form is complete and accurate.
     2         (3)  The letter transmitting the payment that is received
     3     by the department is postmarked by the United States Postal
     4     Service on or prior to the final day on which the payment is
     5     to be received.
     6     (d)  Discount.--Any operator that makes a timely payment of
     7  the recycling fee as provided in this section shall be entitled
     8  to credit and apply against the fee payable, a discount of 1% of
     9  the amount of the fee collected.
    10     (e)  Refunds.--Any operator that believes he has overpaid the
    11  recycling fee may file a petition for refund to the department.
    12  If the department determines that the operator has overpaid the
    13  fee, the department shall refund to the operator the amount due
    14  him, together with interest at a rate established pursuant to
    15  section 806.1 of the act of April 9, 1929 (P.L.343, No.176),
    16  known as The Fiscal Code, from the date of overpayment. No
    17  refund of the recycling fee shall be made unless the petition
    18  for the refund is filed with the department within six months of
    19  the date of the overpayment.
    20     (f)  Alternative proof of payment.--For purposes of this
    21  section, presentation of a receipt indicating that the payment
    22  was mailed by registered or certified mail on or before the due
    23  date shall be evidence of timely payment.
    24  Section 703.  Collection and enforcement of fee.
    25     (a)  Interest.--If an operator fails to make a timely payment
    26  of the recycling fee, the operator shall pay interest on the
    27  unpaid amount due at the rate established pursuant section 806
    28  of the act of April 9, 1929 (P.L.343, No.176), known as The
    29  Fiscal Code, from the last day for timely payment to the date
    30  paid.
    19870S0528B2303                 - 54 -

     1     (b)  Additional penalty.--In addition to the interest
     2  provided in subsection (a), if an operator fails to make timely
     3  payment of the recycling fee, there shall be added to the amount
     4  of fee actually due 5% of the amount of such fee, if the failure
     5  to file a timely payment is for not more than one month, with an
     6  additional 5% for each additional month, or fraction thereof,
     7  during which such failure continues, not exceeding 25% in the
     8  aggregate.
     9     (c)  Assessment notices.--
    10         (1)  If the department determines that any operator has
    11     not made a timely payment of the recycling fee, it will send
    12     the operator a written notice of the amount of the
    13     deficiency, within 30 days of determining such deficiency.
    14     When the operator has not provided a complete and accurate
    15     statement of the weight or volume of solid waste received at
    16     the facility for the payment period, the department may
    17     estimate the weight or volume in its notice.
    18         (2)  The operator charged with the deficiency shall have
    19     30 days to pay the deficiency in full or, if the operator
    20     wishes to contest the deficiency, forward the amount of the
    21     deficiency to the department for placement in an escrow
    22     account with the State Treasurer or any Pennsylvania bank, or
    23     post an appeal bond in the amount of the deficiency. Such
    24     bond shall be executed by a surety licensed to do business in
    25     this Commonwealth and be satisfactory to the department.
    26     Failure to forward the money or the appeal bond to the
    27     department within 30 days shall result in a waiver of all
    28     legal rights to contest the deficiency.
    29         (3)  If, through administrative or judicial review of the
    30     deficiency, it is determined that the amount of deficiency
    19870S0528B2303                 - 55 -

     1     shall be reduced, the department shall within 30 days remit
     2     the appropriate amount to the operator, with any interest
     3     accumulated by the escrow deposit.
     4         (4)  The amount determined after administrative hearing
     5     or after waiver of administrative hearing shall be payable to
     6     the Commonwealth and shall be collectible in the manner
     7     provided in section 1709.
     8         (5)  Any other provision of law to the contrary
     9     notwithstanding, there shall be a statute of limitations of
    10     five years upon actions brought by the Commonwealth pursuant
    11     to this section.
    12         (6)  If any amount due hereunder remains unpaid 30 days
    13     after receipt of notice thereof, the department may order the
    14     operator of the facility to cease receiving any solid waste
    15     until the amount of the deficiency is completely paid.
    16     (d)  Filing of appeals.--Notwithstanding any other provision
    17  of law, all appeals of final department actions concerning the
    18  resource recovery fee, including, but not limited to, petitions
    19  for refunds, shall be filed with the Environmental Hearing
    20  Board.
    21     (e)  Constructive trust.--All recycling fees collected by an
    22  operator and held by such operator prior to payment to the
    23  department shall constitute a trust fund for the Commonwealth,
    24  and such trust shall be enforceable against such operator, its
    25  representatives and any person receiving any part of such fund
    26  without consideration or with knowledge that the operator is
    27  committing a breach of the trust. However, any person receiving
    28  payment of lawful obligation of the operator from such fund
    29  shall be presumed to have received the same in good faith and
    30  without any knowledge of the breach of trust.
    19870S0528B2303                 - 56 -

     1     (f)  Remedies cumulative.--The remedies provided to the
     2  department in this section are in addition to any other remedies
     3  provided at law or in equity.
     4  Section 704.  Records.
     5     Each operator shall keep daily records of all deliveries of
     6  solid waste to the facility as required by the department,
     7  including, but not limited to, the name and address of the
     8  hauler, the source of the waste, the kind of waste received and
     9  the weight or volume of the waste. A copy of these records shall
    10  be maintained at the site by the operator for no less than five
    11  years and shall be made available to the department and the host
    12  municipality for inspection, upon request.
    13  Section 705.  Surcharge.
    14     The provisions of any law to the contrary notwithstanding,
    15  the operator may collect the fee imposed by this section as a
    16  surcharge on any fee schedule established pursuant to law,
    17  ordinance, resolution or contract for solid waste processing or
    18  disposal operations at the facility. In addition, any person who
    19  collects or transports solid waste subject to the recycling fee
    20  to a municipal waste landfill or resource recovery facility may
    21  impose a surcharge on any fee schedule established pursuant to
    22  law, ordinance, resolution or contract for the collection or
    23  transportation of solid waste to the facility. The surcharge
    24  shall be equal to the increase in disposal fees at the facility
    25  attributable to the recycling fee. However, interest and
    26  penalties on the fee under section 703(a) and (b) may not be
    27  collected as a surcharge.
    28  Section 706.  Recycling Fund.
    29     (a)  Establishment.--All fees received by the department
    30  pursuant to section 701 shall be paid into the State Treasury
    19870S0528B2303                 - 57 -

     1  into a special fund to be known as the Recycling Fund, which is
     2  hereby established.
     3     (b)  Appropriation.--All moneys placed in the Recycling Fund
     4  are hereby appropriated to the department for the purposes set
     5  forth in this section. The department shall annually submit to
     6  the Governor for his approval estimates of amounts to be
     7  expended under this act.
     8     (c)  Allocations.--The department shall, to the extent
     9  practicable, allocate the moneys received by the Recycling Fund,
    10  including all interest generated thereon, in the following
    11  manner over the life of the fund:
    12         (1)  At least 70% shall be expended by the department for
    13     grants to municipalities for the development and
    14     implementation of recycling programs as set forth in section
    15     902, recycling coordinators as provided in section 903, for
    16     grants for municipal recycling programs as set forth in
    17     section 904, and market development and waste reduction
    18     studies as set forth in section 508; for implementation of
    19     the recommendations in the studies required by section 508;
    20     and for research conducted or funded by the Department of
    21     Transportation pursuant to section 1505.
    22         (2)  Up to 10% may be expended by the department for
    23     grants for feasibility studies for municipal waste processing
    24     and disposal facilities, except for facilities for the
    25     combustion of municipal waste that are not proposed to be
    26     operated for the recovery of energy as set forth in section
    27     901.
    28         (3)  Up to 30% may be expended by the department for
    29     public information, public education and technical assistance
    30     programs concerning litter control, recycling and waste
    19870S0528B2303                 - 58 -

     1     reduction, including technical assistance programs for
     2     counties and other municipalities, for research and
     3     demonstration projects, for planning grants as set forth in
     4     section 901, for the host inspector training program as set
     5     forth in section 1102, and for other purposes consistent with
     6     this act.
     7         (4)  No more than 3% may be expended for the collection
     8     and administration of moneys in the fund.
     9     (d)  Transfer.--On the first day of the sixteenth year after
    10  the fee imposed by section 701 becomes effective, all moneys in
    11  the Recycling Fund that are not obligated shall be transferred
    12  to the Solid Waste Abatement Fund and expended in the same
    13  manner as other moneys in the Solid Waste Abatement Fund. On the
    14  first day of the nineteenth year after the fee imposed by
    15  section 701 becomes effective, all moneys in the Recycling Fund
    16  that are not expended shall be transferred to the Solid Waste
    17  Abatement Fund and expended in the same manner as other moneys
    18  in the Solid Waste Abatement Fund.
    19     (e)  Advisory committee.--The secretary shall establish a
    20  Recycling Fund Advisory Committee composed of representatives of
    21  counties, other municipalities, municipal authorities, the
    22  municipal waste management industry, the municipal waste
    23  recycling industry, municipal waste generating industry and the
    24  general public. The committee shall also include members of the
    25  General Assembly, one appointed by each of the following: the
    26  Speaker of the House of Representatives, the Minority Leader of
    27  the House of Representatives, the President pro tempore of the
    28  Senate and the Minority Leader of the Senate. The committee
    29  shall meet at least annually to review the Commonwealth's
    30  progress in meeting the goals under section 102(c), to recommend
    19870S0528B2303                 - 59 -

     1  priorities on expenditures from the fund, and to advise the
     2  secretary on associated activities concerning the administration
     3  of the fund. The department shall reimburse members of the
     4  committee for reasonable travel, hotel and other necessary
     5  expenses incurred in performance of their duties under this
     6  section.
     7     (f)  Annual reports.--The department shall submit an annual
     8  report to the General Assembly on receipts to and disbursements
     9  from the Recycling Fund in the previous fiscal year, projections
    10  for revenues and expenditures in the coming fiscal year, and the
    11  Commonwealth's progress in achieving the goals set forth in
    12  section 102(c). The annual report due two years before the
    13  expiration of the recycling fee under section 701(d) shall
    14  contain a recommendation whether the fee should continue to be
    15  imposed after the expiration date and, if so, the proposed
    16  amount of the fee.
    17                             CHAPTER 9
    18                               GRANTS
    19  Section 901.  Planning grants.
    20     The department shall, upon application from a county, award
    21  grants for the cost of preparing municipal waste management
    22  plans in accordance with this act; for carrying out related
    23  studies, surveys, investigations, inquiries, research and
    24  analyses, including those related by siting; and for
    25  environmental mediation. The department may also award grants
    26  under this section for feasibility studies and project
    27  development for municipal waste processing or disposal
    28  facilities, except for facilities for the combustion of
    29  municipal waste that are not proposed to be operated for the
    30  recovery of energy. The application shall be made on a form
    19870S0528B2303                 - 60 -

     1  prepared and furnished by the department. The application shall
     2  contain such information as the department deems necessary to
     3  carry out the provisions and purposes of this act. The grant to
     4  any county under this section shall be 80% of the approved cost
     5  of such plans and studies.
     6  Section 902.  Grants for development and implementation of
     7                 municipal recycling programs.
     8     (a)  Authorization.--The department shall award grants for
     9  development and implementation of municipal recycling programs,
    10  upon application from any municipality which meets the
    11  requirements of this section. The grant provided by this section
    12  may be used to identify markets, develop a public education
    13  campaign, purchase collection and storage equipment, and do
    14  other things necessary to establish a municipal recycling
    15  program. The grant may be used to purchase collection equipment,
    16  only to the extent needed for collection of recyclable
    17  materials, and mechanical processing equipment, only to the
    18  extent that such equipment is not available to the program in
    19  the private sector. The application shall be made on a form
    20  prepared and furnished by the department. The application shall
    21  explain the structure and operation of the program and shall
    22  contain such other information as the department deems necessary
    23  to carry out the provisions and purposes of this act. The grant
    24  under this section to a municipality required by section 1501 to
    25  implement a recycling program shall be 90% of the approved cost
    26  of establishing a municipal recycling program. The grant under
    27  this section to a municipality not required by section 1501 to
    28  implement a recycling program shall be 90% of the approved cost
    29  of establishing a municipal recycling program. In addition to
    30  the grant under this section, a financially distressed
    19870S0528B2303                 - 61 -

     1  municipality, as defined in section 203(f) of the act of July
     2  10, 1987 (P.L.246, No.47), known as the Financial Distressed
     3  Municipalities Act, that is required by section 1501 to
     4  implement a recycling program shall be eligible for an
     5  additional grant equal to 10% of the approved cost of
     6  establishing a municipal recycling program.
     7     (b)  Prerequisites.--The department shall not award any grant
     8  under this section unless it is demonstrated to the department's
     9  satisfaction that:
    10         (1)  The application is complete and accurate.
    11         (2)  The recycling program for which the grant is sought
    12     does not duplicate any other recycling programs operating
    13     within the municipality.
    14         (3)  If the applicant is not required to implement a
    15     recycling program by section 1501, the application describes
    16     the collection system for the program, including:
    17             (i)  materials collected and persons affected;
    18             (ii)  contracts for the operation of the program;
    19             (iii)  markets or uses for collected materials,
    20         giving consideration to the results of the market
    21         development study required by section 508 if the results
    22         are available;
    23             (iv)  ordinances or other mechanisms that will be
    24         used to ensure that materials are collected;
    25             (v)  public information and education;
    26             (vi)  program economics, including avoided processing
    27         or disposal costs; and
    28             (vii)  other information deemed necessary by the
    29         department.
    30         (4)  If the municipality proposes to use some or all of
    19870S0528B2303                 - 62 -

     1     the grant funds to purchase mechanical processing equipment,
     2     the equipment is not available to the program in the private
     3     sector. Before submitting the application to the department,
     4     the municipality shall publish in a newspaper of general
     5     circulation a notice describing in reasonable detail the
     6     equipment which the municipality proposes to purchase or
     7     cause to be purchased and the proposed uses of the equipment,
     8     and allow 30 days for written response from any interested
     9     persons. The application shall describe the responses
    10     received and shall explain why the municipality has concluded
    11     that such equipment is not available from the private sector.
    12     (c)  Municipal retroactive grants with restrictions.--The
    13  grant authorized by this section may be awarded to any
    14  municipality for eligible costs incurred for a municipal
    15  recycling program after 60 days prior to the effective date of
    16  this act. However, no grant may be authorized under this section
    17  for a municipal recycling program that has received a grant from
    18  the department under the act of July 20, 1974 (P.L.572, No.198),
    19  known as the Pennsylvania Solid Waste - Resource Recovery
    20  Development Act, except for costs that were not paid by such
    21  grant.
    22     (d)  Priority.--Each municipality, other than a county, which
    23  establishes and implements a mandatory source separation and
    24  collection program for recyclable materials shall be given the
    25  same priority with municipalities subject to the requirements of
    26  section 1501 for grants under this section.
    27  Section 903.  Grants for recycling coordinators.
    28     (a)  Authorization.--The department shall award grants to
    29  reimburse counties for authorized costs incurred for the salary
    30  and expenses of recycling coordinators, upon application from
    19870S0528B2303                 - 63 -

     1  any county. The application shall be made on a form prepared and
     2  furnished by the department. The application shall explain the
     3  duties and activities of the county recycling coordinator. If a
     4  recycling coordinator has been active prior to the year for
     5  which the grant is sought, the application shall also explain
     6  the coordinator's activities and achievements in the previous
     7  year.
     8     (b)  Limit on grant.--The grant under this section shall not
     9  exceed 50% of the approved cost of the recycling coordinator's
    10  salary and expenses.
    11  Section 904.  Performance grants for municipal recycling
    12                 programs.
    13     (a)  Authorization.--The department shall award annual
    14  performance grants for municipal recycling programs, upon
    15  application from a municipality. The application shall be made
    16  on a form prepared and furnished by the department. The
    17  application shall contain such information as the department
    18  deems necessary to carry out the provisions and purposes of this
    19  act.
    20     (b)  Availability.--The department shall award a grant under
    21  this section to a municipality based on the type and weight of
    22  source-separated recyclable materials identified in section 1501
    23  that were recycled in the previous calendar year, and the
    24  population of the municipality.
    25     (c)  Amount.--The amount of the grant shall be based on
    26  available funds under section 706 and shall be available to all
    27  municipalities which have a recycling program in existence on or
    28  will initiate a program after the effective date of this act.
    29     (d)  Prerequisites.--The department shall not award any grant
    30  under this section unless the application is complete and
    19870S0528B2303                 - 64 -

     1  accurate, and the materials were actually marketed. The
     2  department shall not award any grant under this section for the
     3  operation of a leaf waste composting facility.
     4  Section 905.  General limitations.
     5     (a)  Content of application.--Each grant application under
     6  this chapter shall include provisions for an independent
     7  performance audit, which shall be completed within six months
     8  after all reimbursable work under the grant has been completed.
     9     (b)  Monetary limit on grant.--The department may not award
    10  more than 10% of the moneys available under any grant under this
    11  chapter in any fiscal year to any county.
    12     (c)  Other limitations on grants.--The department may not
    13  award any grant under this chapter to any county or municipality
    14  that has failed to comply with the conditions set forth in
    15  previously awarded grants under this chapter, the requirements
    16  of this chapter, and any regulations promulgated pursuant
    17  thereto.
    18     (d)  Lapse of grant.--A grant offering pursuant to this
    19  chapter shall lapse automatically if funds for the grant are not
    20  encumbered within one year of the offering. To obtain the grant
    21  after an offering has lapsed, the grantee must submit a new
    22  application in a subsequent funding period.
    23     (e)  Lapse of encumbered funds.--Grant funds that have been
    24  encumbered shall lapse automatically to the recycling fund if
    25  the funds are not expended within two years after they have been
    26  encumbered. The department may, upon written request from the
    27  grantee, extend the two-year period for an additional period of
    28  up to three months. To obtain any funds that have lapsed to the
    29  recycling fund, the grantee must submit a new application in a
    30  subsequent funding period.
    19870S0528B2303                 - 65 -

     1     (f)  Availability of funds.--All obligations of the
     2  Commonwealth under this chapter are contingent upon the
     3  availability of funds under section 706.
     4                             CHAPTER 11
     5                    ASSISTANCE TO MUNICIPALITIES
     6  Section 1101.  Information provided to host municipalities.
     7     (a)  Departmental information.--The department will provide
     8  all of the following information to the governing body of host
     9  municipalities for municipal waste landfills and resource
    10  recovery facilities:
    11         (1)  Copies of each department inspection report for such
    12     facilities under the Solid Waste Management Act, the act of
    13     June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
    14     Law, the act of January 8, 1960 (1959 P.L.2119, No.787),
    15     known as the Air Pollution Control Act, and the act of
    16     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
    17     and Encroachments Act, within five working days after the
    18     preparation of such reports.
    19         (2)  Prompt notification of all department enforcement or
    20     emergency actions for such facilities, including, but not
    21     limited to, abatement orders, cessation orders, proposed and
    22     final civil penalty assessments, and notices of violation.
    23         (3)  Copies of all air and water quality monitoring data
    24     collected by the department at such facilities, within five
    25     working days after complete laboratory analysis of such data
    26     becomes available to the department.
    27     (b)  Operator information.--Every operator of a municipal
    28  waste landfill or resource recovery facility shall provide to
    29  the host municipality copies of all air and water quality
    30  monitoring data as required by the department for the facility
    19870S0528B2303                 - 66 -

     1  conducted by or on behalf of the operator, within five days
     2  after such data becomes available to the operator.
     3     (c)  Public information.--All information provided to the
     4  host municipality under this section shall be made available to
     5  the public for review upon request.
     6     (d)  Information to county.--If the host municipality owns or
     7  operates the municipal waste landfill or resource recovery
     8  facility, or proposes to own or operate such landfill or
     9  facility, the information required by this section shall be
    10  provided to the county within which the landfill or facility is
    11  located or proposed to be located instead of the host
    12  municipality.
    13     (e)  Sign on vehicle.--A vehicle or conveyance used for the
    14  transporting of solid waste shall bear the name and business
    15  address of the person or municipality which owns the vehicle or
    16  conveyance and the specific type of solid waste transported by
    17  the vehicle or conveyance. All signs shall have lettering which
    18  is at least six inches in height.
    19  Section 1102.  Joint inspections with host municipalities.
    20     (a)  Training of inspectors.--
    21         (1)  The department shall establish and conduct a
    22     training program to certify host municipality inspectors for
    23     municipal waste landfills and resource recovery facilities.
    24     This program will be available to no more than two persons
    25     who have been designated in writing by the host municipality.
    26     The department shall hold training programs at least twice a
    27     year. The department shall certify host municipality
    28     inspectors upon completion of the training program and
    29     satisfactory performance in an examination administered by
    30     the department.
    19870S0528B2303                 - 67 -

     1         (2)  Certified municipal inspectors are authorized to
     2     enter property, inspect only those records required by the
     3     department, take samples and conduct inspections in
     4     accordance with department regulations as applicable to
     5     department inspectors. However, certified municipal
     6     inspectors may not issue orders except as provided in this
     7     subsection. A certified municipal inspector may order the
     8     operator of a facility to cease any operation or activity at
     9     the facility which constitutes an immediate threat to public
    10     health and safety and which represents a violation of the
    11     Solid Waste Management Act, the regulations promulgated under
    12     that act, any order issued under that act, or the terms or
    13     conditions of a permit issued under that act. The order shall
    14     expire within two hours unless the inspector notifies the
    15     department and the governing body of the host municipality.
    16     The department may, after conducting an inspection, supersede
    17     the inspector's order by issuing an order of its own which
    18     vacates or modifies the terms of the inspector's order. If
    19     the department does not supersede the order, the order shall
    20     expire after 24 hours unless otherwise extended, continued or
    21     modified by a court pursuant to section 1703(b).
    22         (3)  The department is authorized to pay for the host
    23     inspection training program and to pay 50% of the approved
    24     cost of employing a certified host municipality inspector for
    25     a period not to exceed five years.
    26         (4)  The department may decertify host municipality
    27     inspectors pursuant to regulations promulgated by the
    28     Environmental Quality Board.
    29     (b)  Departmental information.--
    30         (1)  Whenever any host municipality presents information
    19870S0528B2303                 - 68 -

     1     to the department which gives the department reason to
     2     believe that any municipal waste landfill or resource
     3     recovery facility is in violation of any requirement of the
     4     act of June 22, 1937 (P.L.1987, No.394), known as The Clean
     5     Streams Law, the act of January 8, 1960 (1959 P.L.2119,
     6     No.787), known as the Air Pollution Control Act, the act of
     7     November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
     8     and Encroachments Act, the Solid Waste Management Act, any
     9     regulation promulgated pursuant thereto, any order issued
    10     pursuant thereto or the condition of any permit issued
    11     pursuant thereto, the department will promptly conduct an
    12     inspection of such facility.
    13         (2)  The department will notify the host municipality of
    14     this inspection and will allow a certified municipal
    15     inspector from the host municipality to accompany the
    16     inspector during the inspection.
    17         (3)  If there is not sufficient information to give the
    18     department reasons to believe that there is a violation, the
    19     department will provide a written explanation to the host
    20     municipality of its decision not to conduct an inspection
    21     within 30 days of the request for inspection.
    22         (4)  Upon written request of a host municipality to the
    23     department, the department will allow a certified inspector
    24     of such municipality to accompany department inspectors on
    25     routine inspections of municipal waste landfills and resource
    26     recovery facilities.
    27     (c)  County involvement.--If the host municipality owns or
    28  operates the municipal waste landfill or resource recovery
    29  facility, the training and inspection requirements of this
    30  section shall be available to the county within which the
    19870S0528B2303                 - 69 -

     1  landfill or facility is located instead of the host
     2  municipality.
     3  Section 1103.  Water supply testing for contiguous landowners.
     4     (a)  Required water sampling.--Upon written request from
     5  persons owning land contiguous to a municipal waste landfill,
     6  the operator of such landfill shall have quarterly sampling and
     7  analysis conducted of private water supplies used by such
     8  persons for drinking water. Such sampling and analysis shall be
     9  conducted by a laboratory certified pursuant to the act of May
    10  1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
    11  Drinking Water Act. The laboratory shall be chosen by the
    12  landowners from a list of regional laboratories supplied by the
    13  department. Sampling and analysis shall be at the expense of the
    14  landfill operator. Upon request, the landfill operator shall
    15  provide copies of the analyses to persons operating resource
    16  recovery facilities that dispose of the residue from the
    17  facilities at the landfill.
    18     (b)  Extent of analysis.--Water supplies shall be analyzed
    19  for all parameters or chemical constituents determined by the
    20  department to be indicative of typical contamination from
    21  municipal waste landfills. The laboratory performing such
    22  sampling and analysis shall provide written copies of sample
    23  results to the landowner and to the department.
    24     (c)  Additional sampling required.--If the analysis indicates
    25  possible contamination from a municipal waste landfill, the
    26  department may conduct, or require the landfill operator to have
    27  the laboratory conduct, additional sampling and analysis to
    28  determine more precisely the nature, extent and source of
    29  contamination.
    30     (d)  Written notice of rights.--On or before 60 days from the
    19870S0528B2303                 - 70 -

     1  effective date of this act for permits issued under the Solid
     2  Waste Management Act prior to the effective date of this act,
     3  and at or before the time of permit issuance for permits issued
     4  under the Solid Waste Management Act after the effective date of
     5  this act, the operator of each municipal waste landfill shall
     6  provide contiguous landowners with written notice of their
     7  rights under this section on a form prepared by the department.
     8  Section 1104.  Water supply protection.
     9     (a)  Alternative water supply requirement.--Any person owning
    10  or operating a municipal waste management facility that
    11  adversely affects a public or private water supply by pollution,
    12  degradation, diminution or other means shall restore the
    13  affected supply at no additional cost to the owner or replace
    14  the affected supply with an alternate source of water that is of
    15  like quantity and quality to the original supply at no
    16  additional cost to the owner. If any person shall fail to comply
    17  with this requirement, the department may issue such orders to
    18  the person as are necessary to assure compliance.
    19     (b)  Notification to department.--Any landowner or water
    20  purveyor suffering pollution, degradation or diminution of a
    21  public or private water supply as a result of solid waste
    22  management operations at a municipal waste management facility
    23  may so notify the department and request that an investigation
    24  be conducted. Within ten days of such notification, the
    25  department shall begin investigation of any such claims and
    26  shall, within 120 days of the notification, make a
    27  determination. If the department finds that the pollution,
    28  degradation or diminution was caused by the operation of a
    29  municipal waste management facility or if it presumes the owner
    30  or operator of a municipal waste facility responsible for
    19870S0528B2303                 - 71 -

     1  pollution, degradation or diminution pursuant to subsection (c),
     2  then it shall issue such orders to the owner or operator as are
     3  necessary to ensure compliance with subsection (a).
     4     (c)  Rebuttable presumption.--Unless rebutted by one of the
     5  four defenses established in subsection (d), it shall be
     6  presumed that the owner or operator of a municipal waste
     7  landfill is responsible for the pollution, degradation or
     8  diminution of a public or private water supply that is within
     9  one-quarter mile of the perimeter of the area where solid waste
    10  management operations have been carried out.
    11     (d)  Defenses.--In order to rebut the presumption of
    12  liability established in subsection (c), the owner or operator
    13  must affirmatively prove by clear and convincing evidence one of
    14  the following four defenses:
    15         (1)  The pollution, degradation or diminution existed
    16     prior to any municipal waste management operations on the
    17     site as determined by a preoperation survey.
    18         (2)  The landowner or water purveyor refused to allow the
    19     owner or operator access to conduct a preoperation survey.
    20         (3)  The water supply is not within one-quarter mile of
    21     the perimeter of the area where solid waste disposal
    22     activities have been carried out.
    23         (4)  The owner or operator did not cause the pollution,
    24     degradation or diminution.
    25     (e)  Independent testing.--Any owner or operator electing to
    26  preserve its defenses under subsection (d)(1) or (2) shall
    27  retain the services of an independent certified laboratory to
    28  conduct the preoperation survey of water supplies. A copy of the
    29  results of any survey shall be submitted to the department and
    30  the landowner or water purveyor in a manner prescribed by the
    19870S0528B2303                 - 72 -

     1  department.
     2     (f)  Other remedies preserved.--Nothing in this act shall
     3  prevent any landowner or water purveyor who claims pollution,
     4  degradation or diminution of a public or private water supply
     5  from seeking any other remedy that may be provided at law or in
     6  equity.
     7  Section 1105.  Purchase of cogenerated electricity.
     8     The owner or operator of a resource recovery facility may
     9  request that any public utility enter into a contract providing
    10  for the interconnection of the facility with the public utility
    11  and the purchase of electric energy, or electric energy and
    12  capacity, produced and offered for sale by the facility. The
    13  terms of any such contract shall be in accordance with the
    14  Federal Public Utility Regulatory Policies Act of 1978 (Public
    15  Law 95-617, 92 Stat. 3117) and any subsequent amendments, and
    16  any applicable Federal regulations promulgated pursuant thereto,
    17  and the regulations of the commission.
    18  Section 1106.  Pennsylvania Public Utility Commission.
    19     (a)  Application.--If the owner or operator of a resource
    20  recovery facility and a public utility fail to agree upon the
    21  terms and conditions of a contract for the purchase of electric
    22  energy, or electric energy and capacity, within 90 days of the
    23  request by the facility to negotiate such a contract, or if the
    24  public utility fails to offer a contract, either the owner or
    25  operator of the facility or the public utility may request the
    26  commission to establish the terms and conditions of such a
    27  contract. Such request may be for an informal consultation, a
    28  petition for declaratory order or a formal complaint, as
    29  appropriate under the circumstances.
    30     (b)  Commission response.--The commission shall respond to
    19870S0528B2303                 - 73 -

     1  any such request, unless time limits are waived by the owner or
     2  operator and utility, as follows:
     3         (1)  If the request is for an informal consultation, such
     4     consultation shall be held within 30 days, and commission
     5     staff shall make its recommendation to the parties within 30
     6     days after the last consultation or submittal of last
     7     requested data, whichever is later. Such recommendation may
     8     be oral or written, but shall not be binding on the parties
     9     or commission.
    10         (2)  If the request is in the form of petition for
    11     declaratory order, the petitioner shall comply with the
    12     requirements of 52 Pa. Code § 5.41 et seq. (relating to
    13     petitions) and 52 Pa. Code § 57.39 (relating to informal
    14     consultation and commission proceedings). Within 30 days
    15     after filing such petition, the commission or its staff
    16     assigned to the matter may request that the parties file
    17     legal memoranda addressing any issues raised therein. Within
    18     60 days after filing of such petition or legal memoranda,
    19     whichever is later, the commission shall act to grant or deny
    20     such petition.
    21         (3)  If the request is in the form of a formal complaint,
    22     the case shall proceed in accordance with 66 Pa.C.S. § 101 et
    23     seq. (relating to public utilities). However, the complaint
    24     may be withdrawn at any time, and the matter may proceed as
    25     set forth in paragraph (1) or (2).
    26     (c)  Status as public utility.--A resource recovery facility
    27  shall not be deemed a public utility, as such is defined in 66
    28  Pa.C.S. § 101 et seq., if such facility produces thermal energy
    29  for sale to a public utility and/or ten or less retail
    30  customers, all of whom agree to purchase from such facility
    19870S0528B2303                 - 74 -

     1  under mutually agreed upon terms, or if such facility produces
     2  thermal energy for sale to any number of retail customers, all
     3  of which are located on the same site or site contiguous to that
     4  of the selling facility.
     5     (d)  Effect of section.--The provisions of this section shall
     6  take effect notwithstanding the adoption or failure to adopt any
     7  regulations by the commission regarding the purchase of electric
     8  energy from qualifying facilities, as such term is defined in
     9  section 210 of the Federal Public Utility Regulatory Policies
    10  Act of 1978 (Public Law 95-617, 92 Stat. 3117), the regulations
    11  promulgated pursuant thereto and commission regulations.
    12  Section 1107.  Claims resulting from pollution occurrences.
    13     (a)  Financial responsibility.--
    14         (1)  Any permit application by a person other than a
    15     municipality or municipal authority under the Solid Waste
    16     Management Act for a municipal waste landfill or resource
    17     recovery facility shall certify that the applicant has in
    18     force, or will, prior to the initiation of operations under
    19     the permit, have in force, financial assurances for
    20     satisfying claims of bodily injury and property damage
    21     resulting from pollution occurrences arising from the
    22     operation of the landfill or facility. Such financial
    23     assurances shall be in place until the effective date of
    24     closure certification under the Solid Waste Management Act
    25     and the regulations promulgated pursuant thereto, unless the
    26     department determines that the landfill or facility may
    27     continue to present a significant risk to the public health,
    28     safety and welfare or the environment.
    29         (2)  The form and amount of such financial assurances
    30     shall be specified by the department. The required financial
    19870S0528B2303                 - 75 -

     1     assurances may include, but are not limited to, the
     2     following:
     3             (i)  Commercial pollution liability insurance.
     4             (ii)  A secured standby trust to become self-insured
     5         that satisfies a financial test established by
     6         regulation.
     7             (iii)  A trust fund financed by the person and
     8         administered by an independent trustee approved by the
     9         department.
    10     (b)  Municipal financial responsibility.--
    11         (1)  Any permit application by a municipality or
    12     municipal authority under the Solid Waste Management Act for
    13     a municipal waste landfill or resource recovery facility
    14     shall certify that the applicant has in force, or will, prior
    15     to the initiation of operations under the permit, have in
    16     force, financial assurances for satisfying claims of bodily
    17     injury and property damage resulting from pollution
    18     occurrences arising from the operation of the landfill or
    19     facility, to the extent that such claims are allowed by 42
    20     Pa.C.S. Ch. 85 Subch. C (relating to actions against local
    21     parties). Such financial assurances shall be in place until
    22     the effective date of closure certification under the Solid
    23     Waste Management Act and the regulations promulgated pursuant
    24     thereto, unless the department determines that the landfill
    25     or facility may continue to present a significant risk to the
    26     public health, safety and welfare or the environment.
    27         (2)  The form and amount of such financial assurances
    28     shall be specified by the department. The required financial
    29     assurances may include, but are not limited to, the
    30     following:
    19870S0528B2303                 - 76 -

     1             (i)  Commercial pollution liability insurance.
     2             (ii)  A trust fund financed by the municipality and
     3         administered by an independent trustee approved by the
     4         department.
     5             (iii)  An insurance pool or self-insurance program
     6         authorized by 42 Pa.C.S. § 8564 (relating to liability
     7         insurance and self-insurance).
     8         (3)  In no case shall the department establish minimum
     9     financial assurance amounts for a municipality that are
    10     greater than the damage limitations established in 42 Pa.C.S.
    11     Ch. 85 Subch. C.
    12     (c)  Liability limited.--A host municipality or county or
    13  municipality within the planning area may not be held liable for
    14  bodily injury or property damage resulting from pollution
    15  occurrences solely by reasons of participation in the
    16  preparation or adoption of a county or municipal solid waste
    17  plan. Nothing herein shall be construed to prevent any host
    18  municipality, county or municipality within the planning area
    19  from obtaining or giving such indemnities as may be appropriate
    20  in connection with the ownership, operation or control of a
    21  municipal solid waste facility.
    22     (d)  Effect on tort claims.--Nothing in this act shall be
    23  construed or understood as in any way modifying or affecting the
    24  provisions set forth in 42 Pa.C.S. Ch. 85 Subch. C.
    25  Section 1108.  Site-specific postclosure fund.
    26     (a)  Establishment by county.--Each county shall establish an
    27  interest-bearing trust with an accredited financial institution
    28  for every municipal waste landfill that is operating within its
    29  boundaries. This trust shall be established within 60 days of
    30  the effective date of this act for landfills permitted by the
    19870S0528B2303                 - 77 -

     1  department prior to the effective date of this act. The trust
     2  shall be established prior to the operation of any landfill
     3  permitted by the department after the effective date of this
     4  act. The requirement to establish a trust shall be satisfied by
     5  the submission to the department of a preexisting trust
     6  agreement which is substantially similar to the requirements of
     7  this section.
     8     (b)  Purpose.--The trust created for any landfill by this
     9  section may be used only for remedial measures and emergency
    10  actions that are necessary to prevent or abate adverse effects
    11  upon the environment after closure of the landfill. However, the
    12  county may withdraw actual costs incurred in establishing and
    13  administering the fund in an amount not to exceed 0.5% of the
    14  moneys deposited in the fund.
    15     (c)  Amount.--Each operator of a municipal waste landfill
    16  shall pay into the trust on a quarterly basis an amount equal to
    17  25¢ per ton of weighed waste or 25¢ per three cubic yards of
    18  volume measured waste for all solid waste received at the
    19  landfill.
    20     (d)  Trustee.--The trustee shall manage the trust in
    21  accordance with all applicable laws and regulations, except that
    22  moneys in the trust shall be invested in a manner that will
    23  allow withdrawals as provided in subsection (f). The trustee
    24  shall be a person whose trust activities are examined and
    25  regulated by a State or Federal agency. The trustee may resign
    26  only after giving 120 days' notice to the department and after
    27  the appointment of a new trustee. The trustee shall have an
    28  office located within the county where the landfill is located.
    29     (e)  Trust agreement.--The provisions of the trust agreement
    30  shall be consistent with the requirements of this section and
    19870S0528B2303                 - 78 -

     1  shall be provided by the operator of the landfill on a form
     2  prepared and approved by the department. The trust agreement
     3  shall be accompanied by a formal certification of
     4  acknowledgment.
     5     (f)  Withdrawal of funds.--The trustee may release moneys
     6  from the trust only upon written request of the operator of a
     7  landfill and upon prior written approval by the department. Such
     8  request shall include the proposed amount and purpose of the
     9  withdrawal and a copy of the department's written approval of
    10  the expenditure. A copy of the request shall be provided to the
    11  county and the host municipality. A copy of any withdrawal
    12  document prepared by the trustee shall be provided to the
    13  department, the county and the host municipality. No withdrawal
    14  from this trust may be made until after the department has
    15  certified closure of the landfill.
    16     (g)  Abandonment of trust.--If the department certifies to
    17  the trustee that the operator of a landfill has abandoned the
    18  operation of the landfill or has failed or refused to comply
    19  with the requirements of the Solid Waste Management Act, the
    20  regulations promulgated pursuant thereto, any order issued
    21  pursuant thereto or the terms or conditions of its permit, in
    22  any respect, the trustee shall forthwith pay the full amount of
    23  the trust to the department. The department may not make such
    24  certification unless it has given 30 days' written notice to the
    25  operator, the county, and the trustee of the department's intent
    26  to do so.
    27     (h)  Use of abandoned trust.--The department shall expend all
    28  moneys collected pursuant to subsection (g) for the purposes set
    29  forth in subsection (b). The department may expend money
    30  collected from a trust for a landfill only for that landfill.
    19870S0528B2303                 - 79 -

     1     (i)  Surplus.--Any moneys remaining in a trust subsequent to
     2  final closure of a landfill under the Solid Waste Management Act
     3  and the regulations promulgated pursuant thereto shall, upon
     4  release of the bond by the department, be divided equally
     5  between the county and the host municipality.
     6     (j)  Duty under law.--Nothing in this section shall be
     7  understood or construed to in any way relieve the operator of a
     8  municipal waste landfill of any duty or obligation imposed by
     9  this act, the Solid Waste Management Act, any other act
    10  administered by the department, any order issued pursuant
    11  thereto, the regulations promulgated pursuant thereto or the
    12  terms or conditions of any permit.
    13     (k)  Other remedies.--The remedies provided to the department
    14  in this section are in addition to any other remedies provided
    15  at law or in equity.
    16     (l)  County not liable.--Nothing in this section shall be
    17  understood or construed as imposing any additional
    18  responsibility or liability upon the county for compliance of a
    19  municipal waste landfill or resource recovery facility with the
    20  requirements of this act, the Solid Waste Management Act and the
    21  regulations promulgated pursuant thereto.
    22  Section 1109.  Trust fund for municipally operated landfills.
    23     (a)  Establishment of trust.--Except as provided in
    24  subsection (b), each municipality or municipal authority
    25  operating a landfill solely for municipal waste not classified
    26  hazardous shall establish an interest-bearing trust with an
    27  accredited financial institution. This trust shall be
    28  established within 60 days of the effective date of this act for
    29  landfills permitted by the department prior to the effective
    30  date of this act. The trust shall be established prior to the
    19870S0528B2303                 - 80 -

     1  operation of any landfill permitted by the department after the
     2  effective date of this act.
     3     (b)  Exemption.--Any municipality or municipal authority that
     4  has posted a bond that is consistent with the provisions of the
     5  Solid Waste Management Act and the regulations promulgated
     6  pursuant thereto shall not be required to establish the trust
     7  set forth in this section.
     8     (c)  Purpose.--The trust created for any landfill by this
     9  section may be used only for completing final closure of the
    10  landfill according to the permit granted by the department under
    11  the Solid Waste Management Act and taking such measures as are
    12  necessary to prevent adverse effects upon the environment. Such
    13  measures include but are not limited to satisfactory monitoring,
    14  postclosure care and remedial measures.
    15     (d)  Amount.--Each municipality or municipal authority
    16  operating a landfill solely for municipal waste not classified
    17  hazardous shall pay into the trust on a quarterly basis an
    18  amount determined by the department for each ton or cubic yard
    19  of solid waste disposed at the landfill. This amount shall be
    20  based on the estimated cost of completing final closure of the
    21  landfill and the weight or volume of waste to be disposed at the
    22  landfill prior to closure.
    23     (e)  Trustee.--The trustee shall manage the trust in
    24  accordance with all applicable laws and regulations, except that
    25  moneys in the trust shall be invested in a manner that will
    26  allow withdrawals as provided in subsection (g). The trustee
    27  shall be a person whose trust activities are examined and
    28  regulated by a State or Federal agency. The trustee may resign
    29  only after giving 120 days' notice to the department and after
    30  the appointment of a new trustee.
    19870S0528B2303                 - 81 -

     1     (f)  Trust agreement.--The provisions of the trust agreement
     2  shall be consistent with the requirements of this section and
     3  shall be provided by the municipality or municipal authority on
     4  a form prepared and approved by the department. The trust
     5  agreement shall be accompanied by a formal certification of
     6  acknowledgment.
     7     (g)  Withdrawal of funds.--The trustee may release moneys
     8  from the trust only upon written request of the municipality or
     9  municipal authority and upon prior written approval by the
    10  department. Such request shall include the proposed amount and
    11  purpose of the withdrawal and a copy of the department's written
    12  approval of the expenditure. A copy of the request shall be
    13  provided to the host municipality. A copy of any withdrawal
    14  document prepared by the trustee shall be provided to the
    15  department and to the host municipality. No withdrawal from this
    16  trust may be made until after closure of the landfill.
    17     (h)  Abandonment of trust.--If the department certifies to
    18  the trustee that the municipality or municipal authority has
    19  abandoned the operation of the landfill or has failed or refused
    20  to comply with the requirements of the Solid Waste Management
    21  Act or the regulations promulgated pursuant thereto in any
    22  respect, the trustee shall forthwith pay the full amount of the
    23  trust to the department. The department may not make such
    24  certification unless it has given 30 days' written notice to the
    25  municipality or municipal authority and the trustee of the
    26  department's intent to do so.
    27     (i)  Use of abandoned trust.--The department shall expend all
    28  moneys collected pursuant to subsection (h) for the purposes set
    29  forth in subsection (c). The department may expend money
    30  collected from a trust for a landfill only for that landfill.
    19870S0528B2303                 - 82 -

     1     (j)  Surplus.--Except for trusts that have been abandoned as
     2  provided in subsection (h), any moneys remaining in a trust
     3  subsequent to final closure of a landfill under the Solid Waste
     4  Management Act and the regulations promulgated pursuant thereto
     5  shall, upon certification of final closure by the department, be
     6  returned to the municipality or municipal authority.
     7     (k)  Duty under law.--Nothing in this section shall be
     8  understood or construed to in any way relieve the municipality
     9  or municipal authority of any duty or obligation imposed by this
    10  act, the Solid Waste Management Act, any other act administered
    11  by the department, the regulations promulgated pursuant thereto,
    12  any order issued thereto, or the terms or conditions of any
    13  permit.
    14     (l)  Other remedies.--The remedies provided to the department
    15  in this section are in addition to any other remedies provided
    16  at law or in equity.
    17  Section 1110.  Independent evaluation of permit applications.
    18     At the request of a host municipality, the department may
    19  reimburse a host municipality for costs incurred for an
    20  independent permit application review, by a professional
    21  engineer who is licensed in this Commonwealth and who has
    22  previous experience in preparing such permit applications, of an
    23  application under the Solid Waste Management Act, for a new
    24  municipal waste landfill or resource recovery facility or that
    25  would result in additional capacity for a municipal waste
    26  landfill or resource recovery facility. Reimbursement shall not
    27  exceed $10,000 per complete application.
    28  Section 1111.  Protection of capacity.
    29     (a)  Permit condition.--The following permits issued by the
    30  department under the Solid Waste Management Act, shall include a
    19870S0528B2303                 - 83 -

     1  permit condition, if provided pursuant to this section, which
     2  require compliance with an agreement or arbitration award,
     3  setting forth the weight or volume of municipal waste generated
     4  within the county and municipality that the operator shall allow
     5  and the rates, terms or conditions with which municipal waste is
     6  to be delivered for disposal or processing at the facility for a
     7  specified period:
     8         (1)  A permit for a new municipal waste landfill or
     9     resource recovery facility.
    10         (2)  A permit that results in additional capacity for a
    11     municipal waste landfill or resource recovery facility.
    12         (3)  In the case of an existing facility, a permit
    13     modification that results in an increase in the average or
    14     maximum daily volume of waste that may be received for
    15     processing or disposal at the facility.
    16     (b)  Determination.--The permit condition shall be determined
    17  in the following manner:
    18         (1)  The applicant shall notify the host county and host
    19     municipality upon filing an application for permit pursuant
    20     to subsection (a). Within 60 days after receiving written
    21     notice from the applicant that an application has been filed
    22     with the department, the host county and host municipality
    23     shall provide written notice to the applicant and the
    24     department if it intends to negotiate with the applicant. If
    25     the host county and host municipality do not provide such
    26     notice and, if the permit is issued, the permit condition
    27     shall state that no waste capacity is reserved for the host
    28     county and host municipality. The negotiation period shall
    29     commence upon the date of receipt of the written notice to
    30     the applicant from the host county and host municipality and
    19870S0528B2303                 - 84 -

     1     shall continue for 30 days. The issues to be considered in
     2     negotiations shall include, but not be limited to, the weight
     3     or volume of capacity reserved to a host county and host
     4     municipality and an increase in the average volume of waste
     5     up to the amount of capacity set aside for municipal waste
     6     generated within the host county and host municipality.
     7         (2)  If the host county and host municipality and the
     8     applicant agree to a weight or volume of waste capacity to be
     9     reserved for the host county and host municipality, they
    10     shall notify the department in writing.
    11         (3)  If the host county and host municipality and the
    12     applicant have failed to reach an agreement within the 30-day
    13     negotiation period then either party to the dispute, after
    14     written notice to the other party containing specifications
    15     of the issue or issues in dispute, may request the
    16     appointment of a board of arbitration pursuant to paragraph
    17     (7). Such notice shall be made in writing to the other party
    18     within five days of the end of the negotiation period. In
    19     making the decision as to the terms of the agreement, the
    20     board shall consider among other things the availability of
    21     disposal alternatives to the host county and host
    22     municipality. Should the host county and host municipality
    23     fail to request arbitration within five days, then the permit
    24     condition shall state that no waste capacity is reserved for
    25     the host county and host municipality.
    26         (4)  If the county and municipality elect to negotiate
    27     with the applicant pursuant to this section, any agreement or
    28     arbitration award shall provide, unless the host county and
    29     host municipality and applicant agree otherwise, that the
    30     county and municipality shall utilize the capacity reserved
    19870S0528B2303                 - 85 -

     1     in an agreed upon time frame.
     2         (5)  Should the applicant and the host county and host
     3     municipality be unable to agree to the terms of the agreement
     4     governing such utilization within 30 days of an agreement or
     5     an arbitration award as to the weight or volume of waste
     6     capacity to be reserved in the facility, either party can
     7     request the appointment of an arbitration board pursuant to
     8     paragraph (7). In making the decision as to the terms of the
     9     agreement for utilization, the board shall consider, among
    10     other things, the weight or volume of capacity reserved to a
    11     host county and host municipality under any permit issued
    12     pursuant to this section, an increase in the average volume
    13     of waste in an amount up to the amount of capacity set aside
    14     for municipal waste generated within the host county and host
    15     municipality, the financial viability of the facility, and
    16     the terms, including the rates per ton for disposal, of the
    17     contracts entered into by the applicant for use of the
    18     facility by other than the host county and host municipality.
    19         (6)  Except as provided in paragraph (1), the department
    20     shall not issue any permit under this section unless it has
    21     received written notice of an agreement between the applicant
    22     and host county and host municipality as to the weight or
    23     volume of capacity to be reserved for the host county and
    24     host municipality as provided in paragraph (2) or unless it
    25     has received written notice that a Board of Arbitration
    26     appointed pursuant to paragraph (7) has settled all issues in
    27     dispute between the host county and host municipality and the
    28     applicant. The department shall include a permit condition
    29     reserving such capacity provided for in such agreements or
    30     arbitration awards.
    19870S0528B2303                 - 86 -

     1         (7)  The board of arbitration shall be composed of three
     2     persons, one appointed by the applicant, one appointed by the
     3     host county and host municipality and a third member to be
     4     agreed upon by the applicant and such host county and host
     5     municipality. The members of the board representing the
     6     applicant and the host county and host municipality shall be
     7     named within five days from the date of the request for the
     8     appointment of such board. If, after a period of ten days
     9     from the date of the appointment of the two arbitrators
    10     appointed by the host county and host municipality and the
    11     applicant, the third arbitrator has not been selected by
    12     them, then either arbitrator may request the American
    13     Arbitration Association, or its successor in function, to
    14     furnish a list of three members of said association who are
    15     residents of Pennsylvania from which the third arbitrator
    16     shall be selected. The arbitrator appointed by the applicant
    17     shall eliminate one name from the list within five days after
    18     publication of the list, following which the arbitrator
    19     appointed by the host county and host municipality shall
    20     eliminate one name from the list within five days thereafter.
    21     The individual whose name remains on the list shall be the
    22     third arbitrator and shall act as chairman of the board of
    23     arbitration. The board of arbitration thus established shall
    24     commence the arbitration proceedings within ten days after
    25     the third arbitrator is selected and shall make its
    26     determination within 30 days after the appointment of the
    27     third arbitrator.
    28     (c)  Department.--The department may take any action
    29  authorized by statute that the department deems necessary to
    30  ensure that operators of municipal waste landfills and resource
    19870S0528B2303                 - 87 -

     1  recovery facilities give priority to the disposal or processing
     2  of municipal waste generated within the host county.
     3     (d)  Consultation.--The host county shall consult with the
     4  host municipality as part of the procedure set forth under this
     5  section.
     6     (e)  Exemption.--The provisions of this section shall not
     7  apply to a resource recovery facility financed by the host
     8  municipality or municipal authority, and to facilities for the
     9  disposal of ash residue from municipal waste incinerators which,
    10  prior to the enactment date of this act, agree to provide
    11  capacity to all municipalities located within the county and
    12  which can be documented to the department.
    13  Section 1112.  Waste volumes.
    14     (a)  General rule.--No person or municipality operating a
    15  municipal waste landfill may receive solid waste at the landfill
    16  in excess of the maximum or average daily volume approved in the
    17  permit by the department under the Solid Waste Management Act,
    18  or authorized by any regulation promulgated pursuant to the
    19  Solid Waste Management Act.
    20     (b)  New permits.--
    21         (1)  A permit issued by the department under the Solid
    22     Waste Management Act for a new municipal waste landfill, or
    23     that results in additional capacity for a municipal waste
    24     landfill, shall include a permit condition setting forth the
    25     maximum and average volumes of solid waste that may be
    26     received on a daily basis.
    27         (2)  The department may not approve any permit
    28     application for a new municipal waste landfill, or that would
    29     result in additional capacity for a municipal waste landfill,
    30     unless the applicant demonstrates all of the following to the
    19870S0528B2303                 - 88 -

     1     department's satisfaction:
     2             (i)  That the proposed maximum and average daily
     3         waste volumes will not cause or contribute to any
     4         violations of this act; the Solid Waste Management Act;
     5         any other statute administered by the department; or any
     6         regulation promulgated pursuant to this act, the Solid
     7         Waste Management Act or any other statute administered by
     8         the department.
     9             (ii)  That the proposed maximum and average daily
    10         waste volumes will not cause or contribute to any public
    11         nuisance from odors, noises, dust, truck traffic or other
    12         causes.
    13             (iii)  That the proposed maximum and average daily
    14         waste volumes will not interfere with, or contradict any
    15         provision contained in, any applicable county solid waste
    16         management plan that has been approved by the department.
    17     (c)  Existing permits.--Within six months after the effective
    18  date of this act, the department shall review the maximum and
    19  average daily volume limits in each municipal waste landfill
    20  permit issued under the Solid Waste Management Act before the
    21  effective date of this act. In reviewing any existing municipal
    22  waste landfill permit, the department shall consider:
    23         (1)  That the proposed maximum and average daily waste
    24     volumes will not cause or contribute to any violations of
    25     this act; the Solid Waste Management Act; any other statute
    26     administered by the department; or any regulation promulgated
    27     pursuant to this act, the Solid Waste Management Act or any
    28     other statute administered by the department.
    29         (2)  That the proposed maximum and average daily waste
    30     volumes will not cause or contribute to any public nuisance
    19870S0528B2303                 - 89 -

     1     from odors, noises, dust, truck traffic or other causes.
     2         (3)  That the proposed maximum and average daily waste
     3     volumes will not interfere with, or contradict any provision
     4     contained in, any applicable county solid waste management
     5     plan that has been approved by the department.
     6  This subsection does not require a second review for facilities
     7  where the department reviewed daily waste volumes 12 months
     8  before the enactment date of this act.
     9     (d)  Permit modification.--The department may not approve any
    10  permit modification request under the Solid Waste Management Act
    11  to increase the maximum or average daily volumes of solid waste
    12  received at a municipal waste landfill unless the applicant
    13  demonstrates all of the following to the department's
    14  satisfaction:
    15         (1)  Increased daily volumes will not cause or contribute
    16     to any violations of this act; the Solid Waste Management
    17     Act; any other statute administered by the department; or any
    18     regulations promulgated pursuant to this act, the Solid Waste
    19     Management Act or any other statute administered by the
    20     department.
    21         (2)  Increased daily volumes will not cause or contribute
    22     to any public nuisance from odors, noise, dust, truck traffic
    23     or other causes.
    24         (3)  Increased daily volumes will not reduce the
    25     remaining lifetime of a landfill, based on its remaining
    26     permitted capacity, to less than three years from the date of
    27     issuance of the permit modification.
    28         (4)  Increased daily volumes will not interfere with or
    29     contradict any provision contained in an applicable county
    30     municipal management plan that has been approved by the
    19870S0528B2303                 - 90 -

     1     department.
     2     (e)  Emergencies.--
     3         (1)  Notwithstanding any provision of law to the
     4     contrary, the department shall immediately modify a municipal
     5     waste landfill permit to allow increased maximum or average
     6     daily waste volumes when the department finds, in writing,
     7     that this action is necessary to prevent a public health or
     8     environmental emergency and publishes public notice of the
     9     finding. Action under this paragraph shall be taken pursuant
    10     to section 503(e) of the Solid Waste Management Act.
    11         (2)  When the department determines that the remaining
    12     lifetime of any municipal waste landfill, based on its
    13     remaining permitted capacity, is three years or less, the
    14     landfill operator shall give written notice of the finding to
    15     all municipalities that generate municipal waste received at
    16     the landfill. Notice shall be given annually thereafter until
    17     closure of the landfill or until the department has issued a
    18     permit under the Solid Waste Management Act expanding the
    19     capacity of the landfill to more than three years. This act
    20     shall not be understood or construed to impose any obligation
    21     on the department to find alternative processing or disposal
    22     capacity.
    23     (f)  Enforcement.--In addition to any other remedies provided
    24  at law or in equity, the department shall assess a civil penalty
    25  of at least $100 per ton for each ton of waste received at any
    26  municipal waste landfill in excess of the maximum or average
    27  daily volume limitations set forth in its permit. Except for the
    28  minimum amount, the penalty shall be assessed and collected in
    29  the manner set forth in section 1704. Each ton of waste in
    30  excess of the permit shall be considered a separate violation of
    19870S0528B2303                 - 91 -

     1  this act.
     2     (g)  Preference to host county waste.--Pursuant to section
     3  1111(a), a facility will give a preference to waste generated
     4  within the host county when the facility receives an increase in
     5  its average daily volume.
     6                             CHAPTER 13
     7                   HOST MUNICIPALITY BENEFIT FEE
     8  Section 1301.  Host municipality benefit fee.
     9     (a)  Imposition.--There is imposed a host municipality
    10  benefit fee upon the operator of each municipal waste landfill
    11  or resource recovery facility that has a valid permit on the
    12  effective date of this act or receives a new permit or permit
    13  that results in additional capacity from the department under
    14  the Solid Waste Management Act after the effective date of this
    15  act. The fee shall be paid to the host municipality. If the host
    16  municipality owns or operates the landfill or facility, the fee
    17  shall not be imposed for waste generated within such
    18  municipality. If the landfill or facility is located within more
    19  than one host municipality, the fee shall be apportioned among
    20  them according to the percentage of the permitted area located
    21  in each municipality.
    22     (b)  Amount.--The fee is $1 per ton of weighed solid waste or
    23  $1 per three cubic yards of volume-measured solid waste for all
    24  solid waste received at a landfill or facility. Any amounts paid
    25  by an operator to a host municipality pursuant to a preexisting
    26  agreement shall serve as a credit against the fee amount imposed
    27  by this section.
    28     (c)  Municipal options.--Nothing in this section or section
    29  1302 shall prevent a host municipality from receiving a higher
    30  fee or receiving the fee in a different form or at different
    19870S0528B2303                 - 92 -

     1  times than provided in this section and section 1302, if the
     2  host municipality and the operator of the municipal waste
     3  landfill or resource recovery facility agree in writing.
     4     (d)  Supersede.--The fee imposed by this section shall
     5  preempt and supersede any tax imposed on each municipal waste
     6  landfill or resource recovery facility under the act of December
     7  31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling
     8  Act, which is in excess of the amount imposed on or before
     9  December 31, 1987.
    10     (e)  County options.--Nothing in this act shall prevent a
    11  host county from negotiating a fee or fee in a different form,
    12  if the host county and the operator of the municipal waste
    13  landfill or resource recovery agree in writing. Any county who
    14  has negotiated a fee as of the effective date of this act may
    15  require that the fee be continued.
    16  Section 1302.  Form and timing of host municipality benefit fee
    17                 payment.
    18     (a)  Quarterly payment.--Each operator subject to section
    19  1301 shall make the host municipality benefit fee payment
    20  quarterly. The fee shall be paid on or before the twentieth day
    21  of April, July, October and January for the three months ending
    22  the last day of March, June, September and December.
    23     (b)  Quarterly reports.--Each host municipality benefit fee
    24  payment shall be accompanied by a form prepared and furnished by
    25  the department and completed by the operator. The form shall
    26  state the weight or volume of solid waste received by the
    27  landfill or facility during the payment period and provide any
    28  other information deemed necessary by the department to carry
    29  out the purposes of the act. The form shall be signed by the
    30  operator. A copy of the form shall be sent to the department at
    19870S0528B2303                 - 93 -

     1  the same time that the fee and form are sent to the host
     2  municipality.
     3     (c)  Timeliness of payment.--An operator shall be deemed to
     4  have made a timely payment of the host municipality benefit fee
     5  if all of the following are met:
     6         (1)  The enclosed payment is for the full amount owed
     7     pursuant to this section, and no further host municipality
     8     action is required for collection.
     9         (2)  The payment is accompanied by the required form, and
    10     such form is complete and accurate.
    11         (3)  The letter transmitting the payment that is received
    12     by the host municipality is postmarked by the United States
    13     Postal Service on or prior to the final day on which the
    14     payment is to be received.
    15     (d)  Discount.--Any operator that makes a timely payment of
    16  the host municipality benefit fee as provided in this section
    17  shall be entitled to credit and apply against the fee payable by
    18  him a discount of 1% of the amount of the fee collected by him.
    19     (e)  Alternative proof.--For purposes of this section,
    20  presentation of a receipt indicating that the payment was mailed
    21  by registered or certified mail on or before the due date shall
    22  be evidence of timely payment.
    23  Section 1303.  Collection and enforcement of fee.
    24     (a)  Interest.--If an operator fails to make a timely payment
    25  of the host municipality benefit fee, the operator shall pay
    26  interest on the unpaid amount due at the rate established
    27  pursuant section 806 of the act of April 9, 1929 (P.L.343,
    28  No.176), known as The Fiscal Code, from the last day for timely
    29  payment to the date paid.
    30     (b)  Additional penalty.--In addition to the interest
    19870S0528B2303                 - 94 -

     1  provided in subsection (a), if an operator fails to make timely
     2  payment of the host municipality benefit fee, there shall be
     3  added to the amount of fee actually due 5% of the amount of such
     4  fee, if the failure to file a timely payment is for not more
     5  than one month, with an additional 5% for each additional month,
     6  or fraction thereof, during which such failure continues, not
     7  exceeding 25% in the aggregate.
     8     (c)  Assessment notices.--If the host municipality determines
     9  that any operator of a municipal waste landfill or resource
    10  recovery facility has not made a timely payment of the host
    11  municipality benefit fee, it will send a written notice for the
    12  amount of the deficiency to such operator within 30 days from
    13  the date of determining such deficiency. When the operator has
    14  not provided a complete and accurate statement of the weight or
    15  volume of solid waste received at the landfill or facility for
    16  the payment period, the host municipality may estimate the
    17  weight or volume in its deficiency notice.
    18     (d)  Constructive trust.--All host municipality benefit fees
    19  collected by an operator and held by such operator prior to
    20  payment to the host municipality shall constitute a trust fund
    21  for the host municipality, and such trust shall be enforceable
    22  against such operator, its representatives and any person
    23  receiving any part of such fund without consideration or with
    24  knowledge that the operator is committing a breach of the trust.
    25  However, any person receiving payment of lawful obligation of
    26  the operator from such fund shall be presumed to have received
    27  the same in good faith and without any knowledge of the breach
    28  of trust.
    29     (e)  Manner of collection.--The amount due and owing under
    30  section 1301 shall be collectible by the host municipality in
    19870S0528B2303                 - 95 -

     1  the manner provided in section 1709.
     2     (f)  Remedies cumulative.--The remedies provided to host
     3  municipalities in this section are in addition to any other
     4  remedies provided at law or in equity.
     5  Section 1304.  Records.
     6     Each operator that is required to pay the Host Municipality
     7  Benefit Fee shall keep daily records of all deliveries of solid
     8  waste to the landfill or facility, as required by the host
     9  municipality, including, but not limited to, the name and
    10  address of the hauler, the source of the waste, the kind of
    11  waste received and the weight or volume of the waste. Such
    12  records shall be maintained in Pennsylvania by the operator for
    13  no less than five years and shall be made available to the host
    14  municipality for inspection upon request.
    15  Section 1305.  Surcharge.
    16     The provisions of any law to the contrary notwithstanding,
    17  the operator of any municipal waste landfill or resource
    18  recovery facility subject to section 1301 may collect the host
    19  municipality benefit fee as a surcharge on any fee schedule
    20  established pursuant to law, ordinance, resolution or contract
    21  for solid waste disposal or processing operations at the
    22  landfill or facility. In addition, any person who collects or
    23  transports solid waste subject to the host municipality benefit
    24  fee to a municipal waste landfill or resource recovery facility
    25  subject to section 1301 may impose a surcharge on any fee
    26  schedule established pursuant to law, ordinance, resolution or
    27  contract for the collection or transportation of solid waste to
    28  the landfill or facility. The surcharge shall be equal to the
    29  increase in processing or disposal fees at the landfill or
    30  facility attributable to the host municipality benefit fee.
    19870S0528B2303                 - 96 -

     1  However, interest and penalties on the fee under section 1303(a)
     2  and (b) may not be collected as a surcharge.
     3                             CHAPTER 15
     4                   RECYCLING AND WASTE REDUCTION
     5  Section 1501.  Municipal implementation of recycling programs.
     6     (a)  Large population.--Within two years after the effective
     7  date of this act, each municipality other than a county that has
     8  a population of 10,000 or more people shall establish and
     9  implement a source separation and collection program for
    10  recyclable materials in accordance with this section. Population
    11  shall be determined by the most recent decennial census by the
    12  Bureau of the Census of the United States Department of
    13  Commerce.
    14     (b)  Small population.--Within three years after the
    15  effective date of this act, each municipality other than a
    16  county that has a population of more than 5,000 people but less
    17  than 10,000 people, and which has a population density of more
    18  than 300 people per square mile, shall establish and implement a
    19  source separation and collection program for recyclable
    20  materials in accordance with this section. Population shall be
    21  determined based on the most recent decennial census by the
    22  Bureau of the Census of the United States Department of
    23  Commerce.
    24     (c)  Contents.--The source separation and collection program
    25  shall include, at a minimum, the following elements:
    26         (1)  An ordinance or regulation adopted by the governing
    27     body of the municipality, requiring all of the following:
    28             (i)  Persons to separate at least three materials
    29         deemed appropriate by the municipality from other
    30         municipal waste generated at their homes, apartments and
    19870S0528B2303                 - 97 -

     1         other residential establishments and to store such
     2         material until collection. The three materials shall be
     3         chosen from the following: clear glass, colored glass,
     4         aluminum, steel and bimetallic cans, high-grade office
     5         paper, newsprint, corrugated paper and plastics. Nothing
     6         in the ordinance or regulation shall be deemed to impair
     7         the ownership of separated materials by the person who
     8         generated them unless and until such materials are placed
     9         at curbside or similar location for collection by the
    10         municipality or its agents.
    11             (ii)  Persons to separate leaf waste from other
    12         municipal waste generated at their homes, apartments and
    13         other residential establishments until collection unless
    14         those persons have otherwise provided for the composting
    15         of leaf waste. The governing body of a municipality shall
    16         allow an owner, landlord or agent of an owner or landlord
    17         of multifamily rental housing properties with four or
    18         more units to comply with its responsibilities under this
    19         section by establishing a collection system for
    20         recyclable materials at each property. The collection
    21         system must include suitable containers for collecting
    22         and sorting materials, easily accessible locations for
    23         the containers, and written instructions to the occupants
    24         concerning the use and availability of the collection
    25         system. Owners, landlords and agents of owners or
    26         landlords who comply with this act shall not be liable
    27         for the noncompliance of occupants of their buildings.
    28             (iii)  Persons to separate high grade office paper,
    29         aluminum, corrugated paper and leaf waste and other
    30         material deemed appropriate by the municipality generated
    19870S0528B2303                 - 98 -

     1         at commercial, municipal or institutional establishments
     2         and from community activities and to store the material
     3         until collection. The governing body of a municipality
     4         shall exempt persons occupying commercial, institutional
     5         and municipal establishments within its municipal
     6         boundaries from the requirements of the ordinance or
     7         regulation if those persons have otherwise provided for
     8         the recycling of materials they are required by this
     9         section to recycle. To be eligible for an exemption under
    10         this subparagraph, a commercial or institutional solid
    11         waste generator must annually provide written
    12         documentation to the municipality of the total number of
    13         tons recycled.
    14         (2)  A scheduled day, at least once per month, during
    15     which separated materials are to be placed at the curbside or
    16     a similar location for collection.
    17         (3)  A system, including trucks and related equipment,
    18     that collects recyclable materials from the curbside or
    19     similar locations at least once per month from each residence
    20     or other person generating municipal waste in the county or
    21     municipality. The municipality, other than a county, shall
    22     explain how the system will operate, the dates of collection,
    23     the responsibilities of persons within the municipality and
    24     incentives and penalties.
    25         (4)  Provisions to ensure compliance with the ordinance,
    26     including incentives and penalties.
    27         (5)  Provisions for the recycling of collected materials.
    28     (d)  Notice.--Each municipality subject to this section shall
    29  establish a comprehensive and sustained public information and
    30  education program concerning recycling program features and
    19870S0528B2303                 - 99 -

     1  requirements. As a part of this program, each municipality
     2  shall, at least 30 days prior to the initiation of the recycling
     3  program and at least once every six months thereafter, notify
     4  all persons occupying residential, commercial, institutional and
     5  municipal premises within its boundaries of the requirements of
     6  the ordinance. The governing body of a municipality may, in its
     7  discretion as it deems necessary and appropriate, place an
     8  advertisement in a newspaper circulating in the municipality,
     9  post a notice in public places where public notices are
    10  customarily posted, including a notice with other official
    11  notifications periodically mailed to residential taxpayers or
    12  utilize any combination of the foregoing.
    13     (e)  Implementation.--
    14         (1)  Except as provided in paragraph (2), a municipality
    15     shall implement its responsibilities for collection,
    16     transportation, processing and marketing materials under this
    17     section in one or both of the following ways:
    18             (i)  Collect, transport, process or market materials
    19         as required by this section.
    20             (ii)  Enter into contracts with other persons for the
    21         collection, transportation, processing or marketing of
    22         materials as required by this section. A person who
    23         enters into a contract under this subsection shall be
    24         responsible with the municipality for implementation of
    25         this section.
    26         (2)  Nothing in this section requires a municipality to
    27     collect, transport, process and market materials, or to
    28     contract for the collection, transportation, processing and
    29     marketing of materials from establishments or activities
    30     where all of the following are met:
    19870S0528B2303                 - 100 -

     1             (i)  The municipality is not collecting and
     2         transporting municipal waste from such establishment or
     3         activity.
     4             (ii)  The municipality has not contracted for the
     5         collection and transportation of municipal waste from
     6         such establishment or activity.
     7             (iii)  The municipality has adopted an ordinance as
     8         required by this section, and the establishment or
     9         activity is in compliance with the provisions of this
    10         section.
    11     (f)  Preference.--In implementing its recycling program, a
    12  municipality shall accord consideration for the collection,
    13  marketing and disposition of recyclable materials to persons
    14  engaged in the business of recycling on the effective date of
    15  this act, whether or not the persons were operating for profit.
    16     (g)  Recycling by operator.--An operator of a landfill or
    17  resource recovery facility may contract with a municipality to
    18  provide recycling services in lieu of the curbside recycling
    19  program. The contract must ensure that at least 25% of the waste
    20  received is recycled. The economic and environmental impact of
    21  the proposed technology used for the recycling shall receive
    22  prior approval from the department.
    23     (h)  Alternative program.--A municipality shall be deemed to
    24  comply with this section through the use and operation of a
    25  recycling facility if it demonstrates all of the following to
    26  the department's satisfaction:
    27         (1)  Materials separated, collected, recovered or created
    28     by the recycling facility can be marketed as readily as
    29     materials collected through a curbside recycling program.
    30         (2)  The mechanical separation technology used in the
    19870S0528B2303                 - 101 -

     1     recycling facility has been demonstrated to be effective for
     2     the life of operations at the facility.
     3  Section 1502.  Facilities operation and recycling.
     4     (a)  Leaf waste.--Two years after the effective date of this
     5  act, no municipal waste landfill may accept for disposal, and no
     6  resource recovery facility may accept for processing, other than
     7  composting, truckloads composed primarily of leaf waste.
     8     (b)  Drop-off centers.--
     9         (1)  Two years after the effective date of this act, no
    10     person may operate a municipal waste landfill, resource
    11     recovery facility or transfer station unless the operator has
    12     established at least one drop-off center for the collection
    13     and sale of at least three recyclable materials. The three
    14     materials shall be chosen from the following: clear glass,
    15     colored glass, aluminum, steel and bimetallic cans, high
    16     grade office paper, newsprint, corrugated paper and plastics.
    17     The center must be located at the facility or in a place that
    18     is easily accessible to persons generating municipal waste
    19     that is processed or disposed at the facility. Each drop-off
    20     center must contain bins or containers where recyclable
    21     materials may be placed and temporarily stored. If the
    22     operation of the drop-off center requires attendants, the
    23     center shall be open at least eight hours per week, including
    24     four hours during evenings or weekends.
    25         (2)  Each operator shall, at least 30 days prior to the
    26     initiation of the drop-off center program and at least once
    27     every six months thereafter, provide public notice of the
    28     availability of the drop-off center. The operator shall place
    29     an advertisement in a newspaper circulating in the
    30     municipality or provide notice in another manner approved by
    19870S0528B2303                 - 102 -

     1     the department.
     2     (c)  Removal of recyclable materials.--Two years after the
     3  effective date of this act, no person may operate a resource
     4  recovery facility unless the operator has developed a program
     5  for the removal to the greatest extent practicable of recyclable
     6  materials, such as plastics, high grade office paper, aluminum,
     7  clear glass and newspaper from the waste to be incinerated.
     8     (d)  Removal of hazardous materials.--Two years after the
     9  effective date of this act, no person may operate a resource
    10  recovery facility unless the operator has developed a program
    11  for the removal to the greatest extent practicable of hazardous
    12  materials, such as plastics, corrosive materials, batteries,
    13  pressurized cans and household hazardous materials from the
    14  waste to be incinerated.
    15  Section 1503.  Commonwealth recycling and waste reduction.
    16     (a)  Recycling.--Within two years after the effective date of
    17  this act, each Commonwealth agency, in coordination with the
    18  Department of General Services, shall establish and implement a
    19  source separation and collection program for recyclable
    20  materials produced as a result of agency operations, including,
    21  at a minimum, aluminum, high grade office paper and corrugated
    22  paper. The source separation and collection program shall
    23  include, at a minimum, procedures for collecting and storing
    24  recyclable materials, bins or containers for storing materials,
    25  and contractual or other arrangements with buyers.
    26     (b)  Waste reduction.--Within two years after the effective
    27  date of this act, each Commonwealth agency, in coordination with
    28  the department of General Services, shall establish and
    29  implement a waste reduction program for materials used in the
    30  course of agency operations. The program shall be designed and
    19870S0528B2303                 - 103 -

     1  implemented to achieve the maximum feasible reduction of waste
     2  generated as a result of agency operations.
     3     (c)  Use of composted materials.--All Commonwealth agencies
     4  responsible for the maintenance of public lands in this
     5  Commonwealth shall, to the maximum extent practicable and
     6  feasible, give due consideration and preference to the use of
     7  compost materials in all land maintenance activities which are
     8  to be paid with public funds.
     9  Section 1504.  Procurement by Commonwealth agencies.
    10     (a)  Initial review.--
    11         (1)  Commonwealth agencies shall review and revise their
    12     existing procurement procedures and specifications for the
    13     purchase of goods, supplies, equipment, materials and
    14     printing to:
    15             (i)  eliminate procedures and specifications that
    16         explicitly discriminate against goods, supplies,
    17         equipment, materials and printing with recycled content;
    18         and
    19             (ii)  encourage the use of goods, supplies,
    20         equipment, materials and printing with recycled content.
    21     (b)  Continuing review.--Commonwealth agencies shall review
    22  and revise their procedures and specifications on a continuing
    23  basis to encourage the use of goods, supplies, equipment,
    24  materials and printing with recycled content and shall, in
    25  developing new procedures and specifications, encourage the use
    26  of goods, supplies, equipment, materials and printing with
    27  recycled content.
    28     (c)  Recycled materials.--
    29         (1)  Commonwealth agencies shall review and revise their
    30     procurement procedures and specifications for the purchase of
    19870S0528B2303                 - 104 -

     1     goods, supplies, equipment, materials and printing to ensure,
     2     to the maximum extent economically feasible, that such
     3     agencies purchase goods, supplies, equipment, materials and
     4     printing that may be recycled or reused when such goods,
     5     supplies, equipment, materials and printing are discarded.
     6         (2)  Commonwealth agencies shall review and revise their
     7     procurement procedures and specifications on a continuing
     8     basis to encourage the use of goods, supplies, equipment,
     9     materials and printing that may be recycled or reused.
    10         (3)  Commonwealth agencies shall also, in developing new
    11     procedures and specifications, encourage the use of goods,
    12     supplies, equipment, materials and printing that may be
    13     recycled or reused.
    14  Section 1505.  Procurement by Department of General Services.
    15     (a)  Bidding.--In issuing invitations to bid for the purchase
    16  of goods, supplies, equipment, materials and printing, the
    17  Department of General Services shall set forth a minimum
    18  percentage of recycled content for the goods, supplies,
    19  equipment, materials and printing that must be certified by a
    20  bidder in order to qualify for the preference in subsection (b).
    21  For goods, supplies, equipment, materials and printing for which
    22  the Environmental Protection Agency has adopted procurement
    23  guidelines under the Resource Conservation and Recovery Act of
    24  1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.), as amended,
    25  the minimum percentage of recycled content shall not be less
    26  than is specified in such guidelines. A person may submit a bid
    27  that does not certify that the goods, supplies, equipment,
    28  materials or printing contain such minimum percentage of
    29  recycled content. The Department of General Services may waive
    30  this requirement for goods, supplies, equipment, materials and
    19870S0528B2303                 - 105 -

     1  printing that cannot be procured with recycled content.
     2     (b)  Preference.--Every bidder for the purchase of goods,
     3  supplies, equipment, materials and printing which certifies that
     4  the goods, supplies, equipment, materials and printing subject
     5  to the bid contain the minimum percentage of recycled content
     6  that is set forth in the invitation for bids shall be granted a
     7  preference equal to 5% of the bid amount against any bidder that
     8  has not so certified. The Department of General Services shall
     9  waive this requirement for paper products purchased for State-
    10  owned hospitals.
    11     (c)  Ties.--When there is a tie for lowest responsible
    12  bidder, the Department of General Services may consider, as one
    13  factor in determining to whom to award the contract, which of
    14  the bids provides for the greatest weight of recycled content in
    15  the goods, supplies, equipment, materials or printing, or such
    16  other measure of recycled content as may be set forth in the
    17  invitation for bids.
    18     (d)  Implementation.--The Department of General Services may
    19  carry out the provisions and purposes of this section through
    20  appropriate contractual provisions and invitations to bid,
    21  through the adoption of such regulations as it deems necessary,
    22  or both.
    23     (e)  Federal funds.--The provisions of this section shall not
    24  be applicable when such provisions may jeopardize the receipt of
    25  Federal funds.
    26     (f)  Additional provisions.--The requirements of this section
    27  are in addition to those set forth in section 1504 for the
    28  Department of General Services.
    29     (g)  Cooperation.--All Commonwealth agencies shall cooperate
    30  with the Department of General Services in carrying out this
    19870S0528B2303                 - 106 -

     1  section.
     2     (h)  Annual report.--The Department of General Services shall
     3  submit an annual report to the General Assembly concerning the
     4  implementation of this section. This report shall include a
     5  description of what actions the Department of General Services
     6  has taken in the previous year to implement this section. This
     7  report shall be submitted on or before the anniversary of the
     8  effective date of this act.
     9  Section 1506.  Testing by Department of Transportation.
    10     (a)  Testing.--A person who believes that a particular
    11  constituent of solid waste or any product or material with
    12  recycled content may be beneficially used in lieu of another
    13  product or material in the Commonwealth's transportation system
    14  may request the Department of Transportation to evaluate that
    15  constituent, product or material. The Department of
    16  Transportation, in consultation with the department, shall
    17  conduct a preliminary review of each proposal to identify which
    18  proposals merit an evaluation. If the Department of
    19  Transportation finds, after an evaluation, that the constituent,
    20  product or material may be beneficially used, it shall amend its
    21  procedures and specifications to allow the use of the
    22  constituent product or material.
    23     (b)  Grants.--The Department of Transportation may award
    24  research and demonstration grants concerning the potential
    25  beneficial use of a particular constituent of solid waste, or
    26  any product or material with recycled content, in lieu of
    27  another product or material in the Commonwealth's transportation
    28  system. The application shall be made on a form prepared and
    29  furnished by the Department of Transportation and shall contain
    30  the information the Department of Transportation deems
    19870S0528B2303                 - 107 -

     1  necessary.
     2     (c)  Annual report.--The Department of Transportation shall
     3  submit an annual report to the General Assembly concerning its
     4  implementation of this section. This report shall include a
     5  description of what actions the Department of Transportation has
     6  taken in the previous year to implement this section. This
     7  report shall be submitted on or before the anniversary of the
     8  effective date of this act.
     9     (d)  Rulemaking.--The Department of Transportation may adopt
    10  regulations as it deems necessary to carry out this section.
    11     (e)  Cooperation.--All Commonwealth agencies shall cooperate
    12  with the Department of Transportation in carrying out this
    13  section.
    14  Section 1507.  Procurement procedures for local public agencies.
    15     (a)  Purpose.--Each local public agency may, at its
    16  discretion, review and revise its procurement procedures and
    17  specifications for purchases of goods, supplies, equipment,
    18  materials and printing to:
    19         (1)  eliminate procedures and specifications that
    20     explicitly discriminate against goods, supplies, equipment,
    21     materials and printing with recycled content;
    22         (2)  encourage the use of goods, supplies, equipment,
    23     materials and printing with recycled content; and
    24         (3)  ensure, to the maximum extent economically feasible,
    25     that it purchases goods, supplies, equipment, materials and
    26     printing that may be recycled or reused when such goods,
    27     supplies, equipment, materials and printing are discarded.
    28     (b)  Options.--The options set forth in this section may be
    29  exercised, notwithstanding any other provision of law to the
    30  contrary.
    19870S0528B2303                 - 108 -

     1  Section 1508.  Procurement options for local public agencies and
     2                 certain Commonwealth agencies.
     3     (a)  General rule.--This section sets forth procurement
     4  options for local public agencies. These procurement options are
     5  also available to Commonwealth agencies other than the
     6  Department of General Services.
     7     (b)  Options.--Each public agency subject to this section
     8  may, at its discretion, do any of the following:
     9         (1)  In issuing invitations to bid for the purchase of
    10     goods, supplies, equipment, materials and printing, set forth
    11     a minimum percentage of recycled content for the goods,
    12     supplies, equipment, materials and printing that must be
    13     certified by a bidder in order to qualify for the preference
    14     in this paragraph. For goods, supplies, equipment, materials
    15     and printing for which the Environmental Protection Agency
    16     has adopted procurement guidelines under the Resource
    17     Conservation and Recovery Act of 1976 (Public Law 94-580, 42
    18     U.S.C. § 6901 et seq.), as amended, the minimum percentage of
    19     recycled content shall not be less than is specified in such
    20     guidelines. A person may submit a bid that does not certify
    21     that the goods, supplies, equipment, materials or printing
    22     contain such minimum percentage of recycled content. Every
    23     bidder for the purchase of goods, supplies, equipment,
    24     materials and printing which certifies that the goods,
    25     supplies, equipment, materials and printing subject to the
    26     bid contain the minimum percentage of recycled content that
    27     is set forth in the invitation for bids shall be granted a
    28     preference equal to 5% of the bid amount against any bidder
    29     that has not so certified.
    30         (2)  Establish specifications for bids for public
    19870S0528B2303                 - 109 -

     1     contracts that require all bidders to propose that a stated
     2     minimum percentage of goods, supplies, equipment, materials
     3     or printing to be used for the contract be made from recycled
     4     material.
     5         (3)  Upon evaluation of bids opened for a public contract
     6     for goods, supplies, equipment, materials or printing, the
     7     agency shall identify the lowest responsible bidder. Where
     8     there is a tie for lowest responsible bidder, the agency
     9     shall consider, as one factor in determining to whom to award
    10     the contract, which of the bids provides for the greatest
    11     weight of recycled content in the goods, supplies, equipment,
    12     materials or printing, or such other measure of recycled
    13     content as may be set forth in the invitation for bids.
    14     (c)  Other laws.--The options set forth in this section may
    15  be exercised, notwithstanding any other provision of law to the
    16  contrary.
    17  Section 1509.  Recycling at educational institutions.
    18     The department, in consultation with the Department of
    19  Education, shall develop guidelines for source separation and
    20  collection of recyclable materials and for waste reduction in
    21  primary and secondary schools, colleges and universities,
    22  whether the schools, colleges and universities are public or
    23  nonpublic. At a minimum, the guidelines shall address materials
    24  generated in administrative offices, classrooms, dormitories and
    25  cafeterias. The Department of Education shall distribute these
    26  guidelines and encourage their implementation. The guidelines
    27  shall be developed and distributed within two years of the
    28  effective date of this act, except that the guidelines are not
    29  required to be distributed to educational institutions that are
    30  Commonwealth agencies implementing recycling programs under
    19870S0528B2303                 - 110 -

     1  section 1505.
     2  Section 1510.  Lead acid batteries.
     3     (a)  Certain disposal prohibited.--No person may place a used
     4  lead acid battery in mixed municipal solid waste, discard or
     5  otherwise dispose of a lead acid battery except by delivery to
     6  an automotive battery retailer or wholesaler, to a secondary
     7  lead smelter permitted by the Environmental Protection Agency,
     8  or to a collection or recycling facility authorized under the
     9  laws of this Commonwealth.
    10     (b)  Disposal by dealers.--No automotive battery retailer
    11  shall dispose of a used lead acid battery except by delivery to
    12  a secondary lead smelter permitted by the Environmental
    13  Protection Agency, or to a collection or recycling facility
    14  authorized under the laws of this Commonwealth, or to the agent
    15  of a battery manufacturer or wholesaler for delivery to a
    16  secondary lead smelter permitted by the Environmental Protection
    17  Agency, or a collection or recycling facility authorized under
    18  the laws of this Commonwealth.
    19     (c)  Collection for recycling.--Any person selling or
    20  offering for sale at retail lead acid batteries shall:
    21         (1)  Accept, at the point of transfer, in a quantity at
    22     least equal to the number purchased, used lead acid batteries
    23     from customers in exchange for new batteries purchased.
    24         (2)  Post written notice which must be at least 8 1/2
    25     inches by 11 inches in size and must contain the universal
    26     recycling symbol and the following language:
    27             (i)  "It is illegal to discard a motor vehicle or
    28         other lead acid battery."
    29             (ii)  "Recycle your used batteries."
    30             (iii)  "State law requires us to accept used motor
    19870S0528B2303                 - 111 -

     1         vehicle or other lead acid batteries for recycling, in
     2         exchange for new batteries purchased."
     3     (d)  Lead acid battery wholesalers.--Any person selling new
     4  lead acid batteries at wholesale shall accept, at the point of
     5  transfer, used lead acid batteries from customers in a quantity
     6  at least equal to the number purchased. A person accepting
     7  batteries in transfer from an automotive battery retailer shall
     8  be allowed a period not to exceed 90 days to remove batteries
     9  from the retail point of collection.
    10     (e)  Inspection of automotive battery retailers.--The
    11  department shall produce, print and distribute the notices
    12  required by subsection (d) to all places where lead acid
    13  batteries are offered for sale at retail. The department may
    14  inspect any place, building or premises governed by this act.
    15  authorized employees of the department may issue warnings and
    16  citations to persons who fail to comply with the requirements of
    17  this section. Failure to post the required notice following
    18  warning shall subject a civil penalty of $25 per day,
    19  collectible by the department.
    20     (f)  Enforcement.--The Department of Environmental Resources
    21  shall enforce this section.
    22  Section 1511.  Recycled paper products.
    23     (a)  General rule.--The Department of General Services shall,
    24  to the fullest extent possible when contracting for paper or
    25  paper products, purchase or approve for purchase only such paper
    26  or paper products that are manufactured or produced from
    27  recycled paper as specified in subsection (b).
    28     (b)  Implementation.--The provisions of subsection (a) shall
    29  be implemented by the Department of General Services so that, of
    30  the total volume of paper purchased, recycled paper composes at
    19870S0528B2303                 - 112 -

     1  least 10% of the volume in 1989, at least 25% of the volume in
     2  1991 and at least 40% of the volume in 1993.
     3     (c)  Newsprint.--In the case of the purchase of newsprint and
     4  newsprint products, at least 40% of the secondary waste paper
     5  material used in recycled newsprint shall be postconsumer
     6  newspaper waste.
     7     (d)  Application of section.--This section shall not apply to
     8  the purchase of paper containers for food or beverages.
     9     (e)  Definitions.--As used in this section, the following
    10  words and phrases shall have the meanings given to them in this
    11  subsection:
    12     "Postconsumer waste."  Any product generated by a business or
    13  consumer which has served its intended end use, and which has
    14  been separated from solid waste for the purposes of collection,
    15  recycling and disposition and which does not include secondary
    16  waste material or demolition waste.
    17     "Recycled paper."  Any paper having a total weight consisting
    18  of not less than 20% secondary waste paper material in 1989, not
    19  less than 30% of said material in 1991, not less than 40% of
    20  said material in 1993, and not less than 50% of said material in
    21  1996 and thereafter, and not less than 10% postconsumer waste
    22  beginning in 1996.
    23     "Secondary waste paper material."  Paper waste generated
    24  after the completion of a papermaking process, such as
    25  postconsumer waste material, envelope cuttings, bindery
    26  trimmings, printing waste, cutting and other converting waste,
    27  butt rolls and mill wrappers. The term shall not include fibrous
    28  waste generated during the manufacturing process, such as fibers
    29  recovered from wastewater or trimmings of paper machine rolls,
    30  fibrous by-products of harvesting, extractive or woodcutting
    19870S0528B2303                 - 113 -

     1  process, or forest residue such as bark.
     2  Section 1512.  Household Hazardous Waste Collection and Disposal
     3                 Grant Program.
     4     (a)  Administration.--It shall be the duty of the department
     5  to administer a Household Hazardous Waste Collection and
     6  Disposal Grant Program for households, farms, schools and small
     7  businesses, to be known as the Right-Way-to-Throw-Away Program.
     8     (b)  Grants.--It shall be the duty of the department to
     9  administer specifically appropriated funds for a grant program
    10  to municipalities for the establishment and operation of
    11  household hazardous waste collection programs. The department
    12  shall establish guidelines for the awarding of such grants and
    13  shall give priority to those programs operated by counties,
    14  multicounty agencies, cities of the first and second class and
    15  current municipal programs.
    16     (c)  Registration; department approval.--No municipality
    17  shall establish a program for the collection and management of
    18  household hazardous wastes until the program has been registered
    19  with and approved by the department. Each municipality shall
    20  also maintain and submit records to the department as required
    21  under the guidelines or regulations promulgated under subsection
    22  (d).
    23     (d)  Powers and duties of the department.--The department
    24  shall have the power and its duty shall be to:
    25         (1)  Administer the Right-Way-to-Throw-Away Program
    26     established pursuant to this section.
    27         (2)  Determine the types and amounts of household
    28     hazardous waste to be handled in the program and the size of
    29     the business establishments eligible for inclusion as
    30     entities.
    19870S0528B2303                 - 114 -

     1         (3)  License a collection contractor or contractors as
     2     defined and provided for in this section.
     3         (4)  Establish guidelines for the registration and
     4     operations of household hazardous waste collection programs
     5     within 90 days from the effective date of this act. The
     6     guidelines shall terminate after a period of one year or upon
     7     promulgation by the Environmental Quality Board of
     8     regulations for these activities, whichever occurs first.
     9         (5)  Inspect all such collection sites operated pursuant
    10     to this section to insure that such collection is performed
    11     in a safe and environmentally sound manner.
    12         (6)  Require records to be submitted to the department by
    13     the municipality or collection contractor identifying types
    14     and amounts of household hazardous waste collected, entities
    15     submitting household hazardous waste and the points of
    16     ultimate disposition.
    17         (7)  Submit an annual report to the General Assembly
    18     summarizing the operation and costs of the program, including
    19     location of sites, types and amounts of waste collected,
    20     entities disposing of waste at the collection sites, and the
    21     methods utilized for disposal of the wastes.
    22         (8)  Develop a fee schedule for eligible small
    23     businesses, with provisions exempting nonprofit entities from
    24     the payment of fees.
    25     (e)  Collection contractor responsibilities.--
    26         (1)  Qualifications.--No collection contractor may be
    27     selected to operate a collection program or site unless the
    28     contractor can demonstrate to the satisfaction of the
    29     department its ability to collect, package, transport and
    30     dispose of hazardous waste collected under this program
    19870S0528B2303                 - 115 -

     1     consistent with the requirements of Articles IV, V and VI of
     2     the Solid Waste Management Act and regulations promulgated
     3     thereunder and guidelines or regulations under this act.
     4         (2)  Ineligibility.--A collection contractor shall not be
     5     eligible to operate a collection program or collection site
     6     if the department finds that such person has shown a lack of
     7     ability or a lack of intent to comply with the Solid Waste
     8     Management Act or other environmental laws of this
     9     Commonwealth, other states or the United States.
    10         (3)  Requirements of the Solid Waste Management Act.--In
    11     addition to the requirements of this act, the contractor
    12     selected to operate a collection program shall be deemed to
    13     be a generator of hazardous waste under the Solid Waste
    14     Management Act and subject to the requirements and penalties
    15     provided in Article IV, V and VI of that act.
    16     (f)  Limit on amount.--No eligible entity shall deposit more
    17  than 100 kilograms of waste at any one scheduled collection
    18  event.
    19     (g)  Exclusions.--The following waste shall not be accepted
    20  at a collection point:
    21         (1)  Radioactive waste.
    22         (2)  Biologically active waste.
    23         (3)  Gas cylinders and aerosol cans.
    24         (4)  Explosives and ordinance materials.
    25     (h)  Public awareness.--The department shall administer a
    26  program of public information relating to the need for and
    27  promotion of the collection days to encourage citizen
    28  participation and inform citizens of the importance of proper
    29  disposal of hazardous waste. The department shall, within one
    30  year of the effective date of this act, establish a toll-free
    19870S0528B2303                 - 116 -

     1  telephone line to provide information to the public on matters
     2  relating to household hazardous waste management.
     3     (i)  Sites.--Collection events may be conducted on sites
     4  selected by the sponsoring entity or entities. Such sites may be
     5  on public or private property, including, but not limited to,
     6  property owned, leased or controlled by the Commonwealth, its
     7  agencies or its political subdivisions. Written permission to
     8  use the site for the conduct of the event shall be obtained from
     9  the owner prior to the event.
    10     (j)  Liability.--An owner who, without charge, permits any
    11  property to be used as a site for a collection event shall not
    12  be liable for any damage, harm or injury to any person or
    13  property which results from the use of the property as a site
    14  for a collection event.
    15     (k)  Definitions.--As used in this section, the following
    16  words and phrases shall have the meanings given to them in this
    17  subsection:
    18     "Collection contractor."  A person licensed by the department
    19  and retained by a municipality to operate a household hazardous
    20  waste collection program.
    21     "Household hazardous waste."  Any waste that would be
    22  considered hazardous under the Solid Waste Management Act, but
    23  for the fact that it is produced in quantities smaller than
    24  those regulated under that act and is generated by persons not
    25  otherwise covered by that act. At the discretion of the
    26  department, the term may include used oil.
    27     "Owner."  The possession of fee interest; a tenant, lessee,
    28  occupant, or person in contact; or the Commonwealth, its
    29  agencies and its political subdivisions.
    30     "Small business."  Any commercial establishment not regulated
    19870S0528B2303                 - 117 -

     1  under the Resource Conservation and Recovery Act of 1976 (Public
     2  Law 94-580, 42 U.S.C. § 6901 et seq.).
     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
    19870S0528B2303                 - 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     (c)  Unlawful conduct.--It shall be unlawful to sell or offer
    14  for sale beverages connected to each other by plastic beverage
    15  carriers where the carrier is not a degradable plastic beverage
    16  carrier. The department shall certify whether a plastic beverage
    17  carrier meets the standards of degradability as defined in this
    18  act.
    19  Section 1702.  Enforcement orders.
    20     (a)  Issuance.--The department may issue such orders to
    21  persons as it deems necessary to aid in the enforcement of the
    22  provisions of this act. Such orders may include, but shall not
    23  be limited to, orders requiring persons to comply with approved
    24  municipal waste management plans and orders requiring compliance
    25  with the provisions of this act and the regulations promulgated
    26  pursuant thereto. Any order issued under this act shall take
    27  effect upon notice, unless the order specifies otherwise. An
    28  appeal to the Environmental Hearing Board shall not act as a
    29  supersedeas. The power of the department to issue an order under
    30  this act is in addition to any other remedy which may be
    19870S0528B2303                 - 119 -

     1  afforded to the department pursuant to this act or any other
     2  act.
     3     (b)  Compliance.--It shall be the duty of any person to
     4  proceed diligently to comply with any order issued pursuant to
     5  subsection (a). If such person fails to proceed diligently or
     6  fails to comply with the order within such time, if any, as may
     7  be specified, such person shall be guilty of contempt and shall
     8  be punished by the court in an appropriate manner, and for this
     9  purpose, application may be made by the department to the
    10  Commonwealth Court, which is hereby granted jurisdiction.
    11  Section 1703.  Restraining violations.
    12     (a)  Injunctions.--In addition to any other remedies provided
    13  in this act, the department may institute a suit in equity in
    14  the name of the Commonwealth where unlawful conduct or public
    15  nuisance exists for an injunction to restrain a violation of
    16  this act, the regulations promulgated pursuant thereto, any
    17  order issued pursuant thereto, or the terms or conditions of any
    18  approved municipal waste management plan, and to restrain the
    19  maintenance or threat of a public nuisance. In any such
    20  proceeding, the court shall, upon motion of the Commonwealth,
    21  issue a prohibitory or mandatory preliminary injunction if it
    22  finds that the defendant is engaging in unlawful conduct as
    23  defined by this act or is engaged in conduct which is causing
    24  immediate and irreparable harm to the public. The Commonwealth
    25  shall not be required to furnish bond or other security in
    26  connection with such proceedings. In addition to an injunction,
    27  the court, in such equity proceedings, may levy civil penalties
    28  as specified in section 1704.
    29     (b)  Jurisdiction.--In addition to any other remedies
    30  provided for in this act, upon relation of any district attorney
    19870S0528B2303                 - 120 -

     1  of any county affected, or upon relation of the solicitor of any
     2  county or municipality affected, an action in equity may be
     3  brought in a court of competent jurisdiction for an injunction
     4  to restrain any and all violations of this act or the
     5  regulations promulgated pursuant thereto, or to restrain any
     6  public nuisance.
     7     (c)  Concurrent remedies.--The penalties and remedies
     8  prescribed by this act shall be deemed concurrent, and the
     9  existence of or exercise of any remedy shall not prevent the
    10  department from exercising any other remedy hereunder, at law or
    11  in equity.
    12     (d)  Venue.--Actions instituted under this section may be
    13  filed in the appropriate court of common pleas or in the
    14  Commonwealth Court, which courts are hereby granted jurisdiction
    15  to hear such actions.
    16  Section 1704.  Civil penalties.
    17     (a)  Assessment.--In addition to proceeding under any other
    18  remedy available at law or in equity for a violation of any
    19  provision of this act, the regulations promulgated hereunder,
    20  any order of the department issued hereunder, or any term or
    21  condition of an approved municipal waste management plan, the
    22  department may assess a civil penalty upon a person for such
    23  violation. Such a penalty may be assessed whether or not the
    24  violation was willful or negligent. In determining the amount of
    25  the penalty, the department shall consider the willfulness of
    26  the violation; the effect on the municipal waste planning
    27  process; damage to air, water, land or other natural resources
    28  of this Commonwealth or their uses; cost of restoration and
    29  abatement; savings resulting to the person in consequence of
    30  such violation; deterrence of future violations; and other
    19870S0528B2303                 - 121 -

     1  relevant factors. If the violation leads to issuance of a
     2  cessation order, a civil penalty shall be assessed.
     3     (b)  Escrow.--When the department assesses a civil penalty,
     4  it shall inform the person of the amount of the penalty. The
     5  person charged with the penalty shall then have 30 days to pay
     6  the penalty in full or, if the person wishes to contest either
     7  the amount of the penalty or the fact of the violation, either
     8  to forward the proposed amount to the department for placement
     9  in an escrow account with the State Treasurer or with a bank in
    10  this Commonwealth or to post an appeal bond in the amount of the
    11  penalty. The bond must be executed by a surety licensed to do
    12  business in this Commonwealth and must be satisfactory to the
    13  department. If, through administrative or judicial review of the
    14  proposed penalty, it is determined that no violation occurred or
    15  that the amount of the penalty shall be reduced, the department
    16  shall, within 30 days, remit the appropriate amount to the
    17  person, with an interest accumulated by the escrow deposit.
    18  Failure to forward the money or the appeal bond to the
    19  department within 30 days shall result in a waiver of all legal
    20  rights to contest the violation or the amount of the penalty.
    21     (c)  Amount.--The maximum civil penalty which may be assessed
    22  pursuant to this section is $10,000 per violation. Each
    23  violation for each separate day and each violation of any
    24  provision of this act, any regulation promulgated hereunder, any
    25  order issued hereunder, or the terms or conditions of any
    26  approved municipal waste management plan shall constitute a
    27  separate offense under this section.
    28     (d)  Statute of limitations.--Notwithstanding any other
    29  provision of law to the contrary, there shall be a statute of
    30  limitations of five years upon actions brought by the
    19870S0528B2303                 - 122 -

     1  Commonwealth under this section.
     2  Section 1705.  Criminal penalties.
     3     (a)  Summary offense.--Any person, other than a municipal
     4  official exercising his official duties, who violates any
     5  provision of this act, any regulation promulgated hereunder, any
     6  order issued hereunder, or the terms or conditions of any
     7  approved municipal waste management plan shall, upon conviction
     8  thereof in a summary proceeding, be sentenced to pay a fine of
     9  not less than $100 and not more than $1,000 and costs and, in
    10  default of the payment of such fine and costs, to undergo
    11  imprisonment for not more than 30 days.
    12     (b)  Misdemeanor offense.--Any person, other than a municipal
    13  official exercising his official duties, who violates any
    14  provision of this act, any regulation promulgated hereunder, any
    15  order issued hereunder, or the terms or conditions of any
    16  approved municipal waste management plan, commits a misdemeanor
    17  of the third degree and shall, upon conviction, be sentenced to
    18  pay a fine of not less than $1,000 but not more than $10,000 per
    19  day for each violation or to imprisonment for a period of not
    20  more than one year, or both.
    21     (c)  Second or subsequent offense.--Any person, other than a
    22  municipal official exercising his official duties who, within
    23  two years after a conviction of a misdemeanor for any violation
    24  of this act, violates any provision of this act, any regulation
    25  promulgated hereunder, any order issued hereunder, or the terms
    26  or conditions of any approved municipal waste management plan,
    27  commits a misdemeanor of the second degree and shall, upon
    28  conviction, be sentenced to pay a fine of not less than $2,500
    29  nor more than $25,000 for each violation or to imprisonment for
    30  a period of not more than two years, or both.
    19870S0528B2303                 - 123 -

     1     (d)  Violations to be separate offense.--Each violation for
     2  each separate day and each violation of any provision of this
     3  act, any regulation promulgated hereunder, any order issued
     4  hereunder, or the terms or conditions of any approved municipal
     5  waste management plan, shall constitute a separate offense under
     6  subsections (a), (b) and (c).
     7  Section 1706.  Existing rights and remedies preserved;
     8                 cumulative remedies authorized.
     9     Nothing in this act shall be construed as estopping the
    10  Commonwealth, or any district attorney of a county or solicitor
    11  of a municipality, from proceeding in courts of law or equity to
    12  abate pollution forbidden under this act, or abate nuisances
    13  under existing law. It is hereby declared to be the purpose of
    14  this act to provide additional and cumulative remedies to
    15  control municipal waste planning and management within this
    16  Commonwealth, and nothing contained in this act shall in any way
    17  abridge or alter rights of action or remedies now or hereafter
    18  existing in equity, or under the common law or statutory law,
    19  criminal or civil. Nothing in this act, or the approval of any
    20  municipal waste management plan under this act, or any act done
    21  by virtue of this act, shall be construed as estopping the
    22  Commonwealth or persons in the exercise of their rights under
    23  the common law or decisional law or in equity, from proceeding
    24  in courts of law or equity to suppress nuisances, or to abate
    25  any pollution now or hereafter existing, or to enforce common
    26  law or statutory rights. No court of this Commonwealth having
    27  jurisdiction to abate public or private nuisances shall be
    28  deprived of such jurisdiction in any action to abate any private
    29  or public nuisance instituted by any person for the reason that
    30  such nuisance constitutes air or water pollution.
    19870S0528B2303                 - 124 -

     1  Section 1707.  Production of materials; recordkeeping
     2                 requirements.
     3     (a)  Authority of department.--The department and its agents
     4  and employees shall:
     5         (1)  Have access to, and require the production of, books
     6     and papers, documents, and physical evidence pertinent to any
     7     matter under investigation.
     8         (2)  Require any person engaged in the municipal waste
     9     management or municipal waste planning to establish and
    10     maintain such records and make such reports and furnish such
    11     information as the department may prescribe.
    12         (3)  Have the authority to enter any building, property,
    13     premises or place where solid waste is generated, stored,
    14     processed, treated or disposed of for the purposes of making
    15     an investigation or inspection necessary to ascertain the
    16     compliance or noncompliance by any person with the provisions
    17     of this act and the regulations promulgated under this act.
    18     In connection with the inspection or investigation, samples
    19     may be taken of a solid, semisolid, liquid or contained
    20     gaseous material for analysis. If, analysis is made of the
    21     samples, a copy of the results of the analysis shall be
    22     furnished within five business days after receiving the
    23     analysis to the person having apparent authority over the
    24     building, property, premises or place.
    25     (b)  Warrants.--An agent or employee of the department may
    26  apply for a search warrant to any Commonwealth official
    27  authorized to issue a search warrant for the purposes of
    28  inspecting or examining any property, building, premises, place,
    29  book, record or other physical evidence; of conducting tests; or
    30  of taking samples of any solid waste. The warrant shall be
    19870S0528B2303                 - 125 -

     1  issued upon probable cause. It shall be sufficient probable
     2  cause to show any of the following:
     3         (1)  The inspection, examination, test or sampling is
     4     pursuant to a general administrative plan to determine
     5     compliance with this act.
     6         (2)  The agent or employee has reason to believe that a
     7     violation of this act has occurred or may occur.
     8         (3)  The agent or employee has been refused access to the
     9     property, building, premises, place, book, record or physical
    10     evidence or has been prevented from conducting tests or
    11     taking samples.
    12  Section 1708.  Withholding of State funds.
    13     In addition to any other penalties provided in this act, the
    14  department may notify the State Treasurer to withhold payment of
    15  all or any portion of funds payable to the municipality by the
    16  department from the General Fund or any other fund if the
    17  municipality has engaged in any unlawful conduct under section
    18  1701. Upon notification, the State Treasurer shall hold in
    19  escrow such moneys due to such municipality until such time as
    20  the department notifies the State Treasurer that the
    21  municipality has complied with such requirement or schedule.
    22  Section 1709.  Collection of fines, fees, etc.
    23     (a)  Lien.--All fines, fees, interest and penalties and any
    24  other assessments shall be collectible in any manner provided by
    25  law for the collection of debts. If the person liable to pay any
    26  such amount neglects or refuses to pay the same after demand,
    27  the amount, together with interest and any costs that may
    28  accrue, shall be a judgment in favor of the Commonwealth or the
    29  host municipality, as the case may be, upon the property of such
    30  person, but only after same has been entered and docketed of
    19870S0528B2303                 - 126 -

     1  record by the prothonotary of the county where such property is
     2  situated. The Commonwealth or host municipality, as the case may
     3  be, may at any time transmit to the prothonotaries of the
     4  respective counties certified copies of all such judgments, and
     5  it shall be the duty of each prothonotary to enter and docket
     6  the same of record in his office, and to index the same as
     7  judgments are indexed, without requiring the payment of costs as
     8  a condition precedent to the entry thereof.
     9     (b)  Deposit of fines.--All fines collected pursuant to
    10  sections 1704 and 1705 shall be paid into the Solid Waste
    11  Abatement Fund.
    12  Section 1710.  Right of citizen to intervene in proceedings.
    13     Any citizen of this Commonwealth having an interest which is
    14  or may be adversely affected shall have the right on his own
    15  behalf, without posting bond, to intervene in any action brought
    16  pursuant to section 1703 or 1704.
    17  Section 1711.  Remedies of citizens.
    18     (a)  Authority to bring civil action.--Except as provided in
    19  subsection (c), any aggrieved person may commence a civil action
    20  on his own behalf against any person who is alleged to be in
    21  violation of this act.
    22     (b)  Jurisdiction.--The Environmental Hearing Board is hereby
    23  given jurisdiction over citizen suit actions brought under this
    24  section against the department. Actions against any other
    25  persons under this section may be taken in a court of competent
    26  jurisdiction. Such jurisdiction is in addition to any rights of
    27  action now or hereafter existing in equity, or under the common
    28  law or statutory law.
    29     (c)  Notice.--No action may be commenced under this section
    30  prior to 60 days after the plaintiff has given notice of the
    19870S0528B2303                 - 127 -

     1  violation to the secretary, to the host municipality and to any
     2  alleged violator of the act, of other environmental protection
     3  acts, or of the regulation or order of the department which has
     4  allegedly been violated, nor shall any action be commenced under
     5  this section if the secretary has commenced and is diligently
     6  prosecuting an administrative action before the Environmental
     7  Hearing Board, or a civil or criminal action in a court of the
     8  United States or a state to require compliance with such permit,
     9  standard, regulation, condition, requirement, prohibition or
    10  order.
    11     (d)  Award of costs.--The Environmental Hearing Board or a
    12  court of competent jurisdiction, in issuing any final order in
    13  any action brought pursuant to subsection (a), may award costs
    14  of litigation, including reasonable attorney and expert witness
    15  fees, to any party, whenever the board or court determines such
    16  award is appropriate.
    17  Section 1712.  Affirmative defense.
    18     (a)  Defense.--It shall be an affirmative defense to any
    19  action by the department pursuant to section 1702, 1704, 1705 or
    20  1708 and any action brought pursuant to section 1711 against any
    21  municipality alleged to be in violation of section 1501 that
    22  such municipality's failure to comply is caused by excessive
    23  costs of the program required by section 1501. Program costs are
    24  excessive when reasonable and necessary costs of operating the
    25  program exceed income from the sale or use of collected
    26  material, grant money received from the department pursuant to
    27  section 902, and avoided costs of municipal waste processing or
    28  disposal.
    29     (b)  Requirements.--A municipality may not assert the
    30  affirmative defense provided by this section if it has failed:
    19870S0528B2303                 - 128 -

     1         (1)  To make a timely grant application to the department
     2     pursuant to section 902.
     3         (2)  To exercise its best efforts to implement the
     4     program required by section 1501 for at least two years after
     5     it was required to establish and implement the program.
     6     (c)  Construction.--Nothing in this section shall be
     7  construed or understood:
     8         (1)  To create an affirmative defense for a municipality
     9     that is alleged to be in violation of any provision of law
    10     other than section 1501.
    11         (2)  To create an affirmative defense for any person
    12     other than a municipality.
    13         (3)  To modify or affect existing statutory and case law
    14     concerning affirmative defenses to department actions, except
    15     as expressly provided in subsection (a).
    16     (d)  Exemption.--If the department approves a request, the
    17  municipality shall be exempt from the requirements of this
    18  section on and after the date of the department's approval.
    19  However, the municipality shall immediately pay to the
    20  department an amount equal to the depreciated value of any
    21  capital equipment, buildings, or other structures or facilities
    22  that were constructed or obtained through departmental grants
    23  under section 902. The municipality shall pay to the department
    24  within 5 years an amount equal to the depreciated value of any
    25  capitol equipment purchased with funds provided by the
    26  department under section 902, less any contribution by the
    27  municipality for the purchase of such capitol equipment, or the
    28  municipality shall convey within 90 days such capitol equipment
    29  to the department.
    30  Section 1713.  Public information.
    19870S0528B2303                 - 129 -

     1     (a)  General rule.--Except as provided in subsection (b),
     2  records, reports or other information obtained under this act
     3  shall be available to the public for inspection or copying
     4  during regular business hours.
     5     (b)  Confidentiality.--The department may, upon request,
     6  designate records, reports or information as confidential when
     7  the person providing the information demonstrates all of the
     8  following:
     9         (1)  The information contains the trade secrets,
    10     processes, operations, style of work or apparatus of a person
    11     or is otherwise confidential business information.
    12         (2)  The information does not relate to public health,
    13     safety, welfare, or the environment.
    14     (c)  Separation of information.--When submitting information
    15  under this act, a person shall designate the information which
    16  the person believes is confidential or shall submit that
    17  information separately from other information being submitted.
    18  Section 1714.  Whistleblower provisions.
    19     (a)  Adverse action prohibited.--No employer may discharge,
    20  threaten, or otherwise discriminate or retaliate against an
    21  employee regarding the employee's compensation, terms,
    22  conditions, location or privileges of employment because the
    23  employee makes a good faith report or is about to report,
    24  verbally or in writing, to the employer or appropriate authority
    25  an instance of waste or wrongdoing under this act.
    26     (b)  Remedies.--The remedies, penalties and enforcement
    27  procedures for violations of this section shall be as provided
    28  in the act of December 12, 1986 (P.L.1559, No.169), known as the
    29  Whistleblower Law.
    30     (c)  Definitions.--As used in this section, the following
    19870S0528B2303                 - 130 -

     1  words and phrases shall have the meanings given to them in this
     2  subsection:
     3     "Appropriate authority."  A Federal, State or local
     4  government body, agency or organization having jurisdiction over
     5  criminal law enforcement, regulatory violations, professional
     6  conduct or ethics, or waste; or a member, officer, agent,
     7  representative or supervisory employee of the body, agency or
     8  organization. The term includes, but is not limited to, the
     9  Office of Attorney General, the Department of the Auditor
    10  General, the Treasury Department, the General Assembly and
    11  committees of the General Assembly having the power and duty to
    12  investigate criminal law enforcement, regulatory violations,
    13  professional conduct or ethics, or waste.
    14     "Employee."  A person who performs a service for wages or
    15  other remuneration under a contract of hire, written or oral,
    16  express or implied, for an employer, whether or not the employer
    17  is a public body.
    18     "Employer."  A person supervising one or more employees,
    19  including the employee in question; a superior of that
    20  supervisor; or an agent of a public body.
    21     "Good faith report."  A report of conduct defined in this act
    22  as wrongdoing or waste which is made without malice or
    23  consideration of personal benefit and which the person making
    24  the report has reasonable cause to believe is true.
    25     "Public body."  All of the following:
    26         (1)  A State officer, agency, department, division,
    27     bureau, board, commission, council, authority or other body
    28     in the executive branch of State government.
    29         (2)  A county, city, township, regional governing body,
    30     council, school district, special district or municipal
    19870S0528B2303                 - 131 -

     1     corporation, or a board, department, commission, council or
     2     agency.
     3         (3)  Any other body which is created by Commonwealth or
     4     political subdivision authority or which is funded in any
     5     amount by or through Commonwealth or political subdivision
     6     authority or a member or employee of that body.
     7     "Waste."  An employer's conduct or omissions which result in
     8  substantial abuse, misuse, destruction or loss of funds or
     9  resources belonging to or derived from Commonwealth or political
    10  subdivision sources.
    11     "Whistleblower."  A person who witnesses or has evidence of
    12  wrongdoing or waste while employed and who makes a good faith
    13  report of the wrongdoing or waste, verbally or in writing, to
    14  one of the person's superiors, to an agent of the employer or to
    15  an appropriate authority.
    16     "Wrongdoing."  A violation which is not of a merely technical
    17  or minimal nature of a Federal or State statute or regulation,
    18  of a political subdivision ordinance or regulation or of a code
    19  of conduct or ethics designed to protect the interest of the
    20  public or the employer.
    21  Section 1715.  Additional penalties.
    22     (a)  Vehicle forfeiture.--Any vehicle or conveyance used for
    23  transportation of disposal of solid waste in the commission of
    24  an offense under section 610(1) of the Solid Waste Management
    25  shall be deemed contraband and forfeited to the department. The
    26  provisions of law relating to the seizure, summary and judicial
    27  forfeiture, and condemnation of intoxicating liquor shall apply
    28  to seizures and forfeitures under this section. Proceeds from
    29  the sale of forfeited vehicles or conveyances shall be deposited
    30  in the Solid Waste Abatement Fund.
    19870S0528B2303                 - 132 -

     1     (b)  Responsibility for cost.--The operator of any vehicle or
     2  conveyance forfeited under subsection (a) shall be responsible
     3  for any costs incurred in properly disposing of waste in the
     4  vehicle or conveyance.
     5                             CHAPTER 19
     6                      MISCELLANEOUS PROVISIONS
     7  Section 1901.  Report to General Assembly.
     8     The Secretary of Environmental Resources shall prepare a
     9  report to the General Assembly concerning the implementation of
    10  this act and the success of county and municipal recycling
    11  programs. This report shall be transmitted to the General
    12  Assembly no later than April 1, 1991, and shall be revised, and
    13  modified if necessary, at least once every three years
    14  thereafter.
    15  Section 1902.  Severability.
    16     The provisions of this act are severable. If any provision of
    17  this act or its application to any person or circumstance is
    18  held invalid, the invalidity shall not affect other provisions
    19  or applications of this act which can be given effect without
    20  the invalid provision or application.
    21  Section 1903.  Repeals.
    22     (a)  Absolute repeals.--The last sentence in section 201(b),
    23  section 201(f) through (l) and sections 202 and 203 of the act
    24  of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    25  Management Act, are repealed.
    26     (b)  Inconsistent repeals.--
    27         (1)  Except as provided in section 501(b) of this act,
    28     the first through fourth sentences of section 201(b) and
    29     section 201(c), (d) and (e) of the act of July 7, 1980
    30     (P.L.380, No.97), known as the Solid Waste Management Act,
    19870S0528B2303                 - 133 -

     1     are repealed insofar as they are inconsistent with this act.
     2         (2)  All acts and parts of acts inconsistent with section
     3     1505 are hereby repealed to the extent of the inconsistency.
     4     (c)  Effect of repealers.--All orders, permits, licenses,
     5  decisions and actions of the department under the repealed
     6  provisions of the Solid Waste Management Act, including
     7  technical or preliminary approvals of solid waste management
     8  plans, shall remain in effect unless and until modified,
     9  repealed, suspended, superseded or otherwise changed under the
    10  terms of this act and the regulations promulgated under this
    11  act.
    12  Section 1904.  Effective date.
    13     This act shall take effect as follows:
    14         (1)  The provisions of Chapters 7 and 9 shall take effect
    15     in 90 days.
    16         (2)  The remainder of this act shall take effect in 60
    17     days.









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