PRINTER'S NO. 1699
No. 1436 Session of 2001
INTRODUCED BY S. H. SMITH, HERSHEY, SURRA, BARD, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, FAIRCHILD, FRANKEL, GRUCELA, HENNESSEY, HERMAN, HESS, LAUGHLIN, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, E. Z. TAYLOR, THOMAS, TRELLO AND YUDICHAK, APRIL 25, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 25, 2001
AN ACT 1 Requiring host municipality agreements for certain municipal and 2 residual waste facilities; and establishing transportation 3 and safety requirements, including a fee and registration for 4 vehicles that collect and transport municipal and residual 5 waste to certain municipal and residual waste disposal and 6 processing facilities. 7 TABLE OF CONTENTS 8 Section 1. Short title. 9 Section 2. Legislative findings and declaration of policy. 10 Section 3. Definitions. 11 Section 4. Construction of act. 12 Section 5. Host municipality agreements. 13 Section 6. Transportation authorization and traffic safety. 14 Section 7. Enforcement. 15 Section 8. Civil penalties. 16 Section 9. Regulations. 17 Section 10. Severability.
1 Section 11. Repeals. 2 Section 12. Effective date. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Solid Waste 7 Host Municipality Agreement and Transportation Safety Act. 8 Section 2. Legislative findings and declaration of policy. 9 (a) Legislative findings.--The General Assembly hereby 10 determines, declares and finds that: 11 (1) Improper solid waste practices create public health 12 hazards, environmental pollution and nuisances and cause 13 irreparable harm to the public health, safety and welfare. 14 (2) All aspects of solid waste management, particularly 15 the disposition of solid waste, pose a critical threat to the 16 health, safety and welfare of the residents of this 17 Commonwealth when solid waste is improperly managed. 18 (3) The Commonwealth is responsible for the protection 19 of the health, safety and welfare of its residents concerning 20 solid waste management. 21 (4) The construction and expansion of commercial solid 22 waste landfills and resource recovery facilities usually 23 consumes natural lands, thereby impinging upon wildlife 24 habitat and the public's use and enjoyment of the natural 25 resources, including air, water and natural scenic, historic 26 and esthetic values of the environment. 27 (5) Concentrated traffic in the vicinity of commercial 28 solid waste landfills and resource recovery facilities can 29 contribute to and cause substantial harm to this 30 Commonwealth's roadways and environment and to the health and 20010H1436B1699 - 2 -
1 safety of the residents of this Commonwealth when traffic is 2 improperly managed. 3 (6) Communities in the areas located near and along the 4 approach routes to commercial solid waste landfills and 5 resource recovery facilities experience traffic problems, 6 litter, odors, noise, dust and other nuisances resulting from 7 the operation of the facilities and from the transportation 8 of waste to the facilities. 9 (7) Commercial solid waste landfills tend to locate in 10 rural and sparsely populated areas. 11 (8) Commercial solid waste landfills located more than 12 15 driving miles from a four-lane, divided highway cause 13 significant traffic harms and present unique issues. 14 (9) Joint inspections of vehicles by the Department of 15 Environmental Protection, the Pennsylvania State Police and 16 the Department of Transportation consistently indicate that 17 over 25% of the waste vehicles inspected have violations of 18 the act of July 7, 1980 (P.L.380, No.97), known as the Solid 19 Waste Management Act, and the act of July 28, 1988 (P.L.556, 20 No.101), known as the Municipal Waste Planning, Recycling and 21 Waste Reduction Act. 22 (10) Inspections by the Pennsylvania State Police and 23 the Department of Transportation consistently indicate 24 vehicle safety and weight control violations are pervasive in 25 the waste hauling industry. 26 (b) Purposes and goals.--The purposes and goals of this act 27 are to: 28 (1) Enhance the protection of the public health, safety 29 and welfare from the short-term and long-term dangers of 30 transportation and disposal of solid waste. 20010H1436B1699 - 3 -
1 (2) Implement section 27 of Article I of the 2 Constitution of Pennsylvania. 3 (3) Conserve the environment and the natural resources 4 of this Commonwealth. 5 (4) Limit the magnitude of environmental and 6 transportation problems in and around communities which host 7 commercial solid waste landfills or resource recovery 8 facilities. 9 (5) Provide for greater local input from affected 10 residents and communities in the planning of commercial solid 11 waste landfills and resource recovery facilities. 12 (6) Require written authorization from the Department of 13 Environmental Protection for transporting municipal or 14 residual waste to municipal waste processing and disposal 15 facilities in order to enhance the safe transportation of 16 waste. 17 (7) Protect residents of the communities affected by 18 commercial solid waste landfills and resource recovery 19 facilities from unnecessary traffic problems, litter, odors, 20 noise, dust and other nuisances which may result from the 21 operation of the facilities and from the transportation of 22 waste to the facilities. 23 Section 3. Definitions. 24 (a) General rule.--Unless specifically defined in this 25 section, the terms in this act have the same meaning as provided 26 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid 27 Waste Management Act, or the act of July 28, 1988 (P.L.556, 28 No.101), known as the Municipal Waste Planning, Recycling and 29 Waste Reduction Act, or regulations of the Department of 30 Environmental Protection promulgated thereunder. 20010H1436B1699 - 4 -
1 (b) Definitions.--As used in this section, the following 2 words and phrases shall have the meanings given to them in this 3 subsection: 4 "Commercial solid waste landfill." A landfill permitted or 5 proposed for permitting under the act of July 7, 1980 (P.L.380, 6 No.97), known as the Solid Waste Management Act, for the 7 disposal of municipal waste, residual waste or mixed municipal 8 and residual waste, including mixed municipal or residual waste 9 and construction and demolition debris. The term does not 10 include a landfill used for the exclusive disposal of 11 construction and demolition waste or debris or a captive 12 residual waste facility. 13 "Department." The Department of Environmental Protection of 14 the Commonwealth and its authorized representatives. 15 "Expansion modification." An application for permit 16 modification filed by an owner or operator of a commercial solid 17 waste landfill or resource recovery facility which requests an 18 expansion, either laterally or vertically, of a permit area. 19 "Gross vehicle weight." The combined weight of a vehicle or 20 combination of vehicles, including a towing vehicle, semitrailer 21 and the vehicle load, excluding the driver's weight. 22 "Host municipality." A municipality other than the county 23 within which a commercial solid waste landfill or resource 24 recovery facility or any portion of a permit area is located or 25 is proposed to be located. 26 "Host municipality agreement." A written, legally binding 27 document or documents executed by authorized officials of each 28 host municipality and an owner or operator of a commercial solid 29 waste landfill or resource recovery facility. 30 "Municipal Waste Planning, Recycling and Waste Reduction 20010H1436B1699 - 5 -
1 Act." The act of July 28, 1988 (P.L.556, No.101), known as the 2 Municipal Waste Planning, Recycling and Waste Reduction Act. 3 "Pennsylvania Municipalities Planning Code." The act of July 4 31, 1968 (P.L.805, No.247), known as the Pennsylvania 5 Municipalities Planning Code. 6 "Permit." A permit issued pursuant to the act of July 7, 7 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 8 "Secretary." The Secretary of Environmental Protection of 9 the Commonwealth. 10 "Semitrailer." A trailer so constructed that some part of 11 its weight rests upon or is carried by the towing vehicle. 12 "Solid Waste Management Act." The act of July 7, 1980 13 (P.L.380, No.97), known as the Solid Waste Management Act. 14 "Transporter." The owner or operator of a towing vehicle 15 used to transport municipal or residual waste. 16 "Volume modification." An application for permit 17 modification filed by an owner or operator of a commercial solid 18 waste landfill or resource recovery facility which requests an 19 increased in average or maximum daily waste volume. 20 Section 4. Construction of act. 21 (a) Liberal construction.--This act shall be liberally 22 construed so as best to achieve and effectuate the goals and 23 purposes of this act. 24 (b) Pari materia.--This act shall be construed in pari 25 materia with the Solid Waste Management Act, the Municipal Waste 26 Planning, Recycling and Waste Reduction Act and sections 1935-A 27 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known 28 as The Administrative Code of 1929. 29 Section 5. Host municipality agreements. 30 (a) Requirement for host municipality agreement.-- 20010H1436B1699 - 6 -
1 (1) A commercial solid waste landfill or resource 2 recovery facility shall develop a new or supplemental host 3 municipality agreement in accordance with this section as 4 follows: 5 (i) For a commercial solid waste landfill or 6 resource recovery facility for which a host municipality 7 agreement was executed prior to or on the effective date 8 of this act, except as provided in subparagraphs (ii), 9 (iii) and (iv), a new or supplemental host municipality 10 agreement shall be: 11 (A) executed by the owner or operator and the 12 host municipality or municipalities on the date the 13 existing host municipality agreement expires or five 14 years after the effective date of this act, whichever 15 occurs first; and 16 (B) submitted to the department for approval 17 within 30 days of execution. 18 (ii) For a commercial solid waste landfill or 19 resource recovery facility for which: 20 (A) no host municipality agreement has been 21 executed as of the effective date of this act; or 22 (B) a host municipality agreement was executed 23 on or before the effective date of this act but which 24 agreement expires within two years of the effective 25 date of this act, 26 a host municipality agreement shall be executed by the 27 owner or operator and the host municipality or 28 municipalities within two years of the effective date of 29 this act and submitted to the department for approval 30 within 30 days of execution. The owner or operator of 20010H1436B1699 - 7 -
1 such a facility shall provide notice to the host 2 municipality or municipalities pursuant to subsection 3 (f)(1) within 60 calendar days of the effective date of 4 this act. 5 (iii) For any commercial solid waste landfill or 6 resource recovery facility for which a permit under the 7 Solid Waste Management Act, within 18 months prior to the 8 effective date of this act: 9 (A) has expired; 10 (B) has expired but has been extended beyond its 11 expiration date; or 12 (C) has expired but has been reinstated; and 13 for which a host municipality agreement was executed 14 prior to the effective date of this act, a new or 15 supplemental host municipality agreement shall be 16 executed by the owner or operator and the host 17 municipality or municipalities within two years of the 18 effective date of this act and submitted to the 19 department for approval within 30 days of execution. The 20 owner or operator of such a facility shall provide notice 21 to the host municipality or municipalities pursuant to 22 subsection (f)(1) within 60 calendar days of the 23 effective date of this act. Notwithstanding the 24 provisions of subsection (b)(3), for any such facility, 25 no permit or permit modification shall be issued by the 26 department until a new or supplemental agreement has been 27 executed in compliance with this section by the owner or 28 operator and each host municipality, whether the 29 application for such permit or permit modification was 30 submitted on, before or after the effective date of this 20010H1436B1699 - 8 -
1 act. 2 (iv) For any commercial solid waste landfill or 3 resource recovery facility for which a host municipality 4 agreement was executed prior to or on the effective date 5 of this act but which has not begun to accept solid waste 6 as of the effective date of this act, a new or 7 supplemental host municipality agreement shall be 8 executed by the owner or operator and the host 9 municipality or municipalities within two years of the 10 effective date of this act and submitted to the 11 department for approval within 30 days of execution. The 12 owner or operator of such a facility shall provide notice 13 to the host municipality or municipalities pursuant to 14 subsection (f)(1) within 60 calendar days of the 15 effective date of this act. 16 (2) A new or supplemental host municipality agreement 17 for each host municipality shall be executed in accordance 18 with this section and submitted to the department for 19 approval for any expansion modification or volume 20 modification filed by an owner or operator of a commercial 21 solid waste landfill or resource recovery facility after the 22 effective date of this act unless the existing host 23 municipality agreement contemplates and addresses the subject 24 of the modification. 25 (3) A host municipality agreement shall be executed in 26 accordance with this section by an owner or operator and the 27 host municipality or municipalities and shall be submitted to 28 the department for approval for any new commercial solid 29 waste landfill or resource recovery facility. 30 (b) Relationship to permit applications.-- 20010H1436B1699 - 9 -
1 (1) An application for a permit, volume modification or 2 expansion modification for a commercial solid waste landfill 3 or resource recovery facility which is submitted to the 4 department for review after the effective date of this act 5 shall only be accepted as administratively complete under 6 section 512(a) of the Municipal Waste Planning, Recycling and 7 Waste Reduction Act and the regulations promulgated 8 thereunder if it includes written evidence that the applicant 9 is in compliance with the requirements of this section. Such 10 written evidence shall be contained as part of the 11 application and shall include evidence that a host 12 municipality agreement that complies with this section is in 13 effect or proof of written notice to the host municipality or 14 municipalities pursuant to subsection (f)(1). 15 (2) The department's processing and review of a permit 16 application shall proceed concurrently with the period of 17 negotiation, mediation and arbitration of the host 18 municipality agreement. Negotiation, mediation and 19 arbitration of a host municipality agreement also may proceed 20 prior to the submission of a permit or major permit 21 modification application to the department. 22 (3) An application for a permit, volume modification or 23 expansion modification for a commercial solid waste landfill 24 or resource recovery facility which is submitted to the 25 department for review after the effective date of this act 26 shall be issued by the department only if a host municipality 27 agreement that complies with this section has been executed 28 by the applicant and each host municipality. For any 29 application which was submitted to the department on or 30 before the effective date of this act, the department shall 20010H1436B1699 - 10 -
1 not withhold issuance of the permit or permit modification 2 provided the applicant executed a host municipality agreement 3 prior to the effective date of this act or the applicant 4 provided notice to the host municipality or municipalities 5 pursuant to subsection (f)(1) and is proceeding with the 6 requirements of this section to execute a host municipality 7 agreement. 8 (c) Public notice and public involvement requirements.-- 9 (1) Within 30 calendar days from the date of receipt of 10 a written notice of intent to develop a host municipality 11 agreement pursuant to subsection (f)(1), each host 12 municipality shall publish notice that discussions for 13 developing a host municipality agreement with the commercial 14 solid waste landfill or resource recovery facility have 15 begun. The notice also shall describe the public involvement 16 process that the host municipality will use to develop the 17 agreement. The notice shall be published once a week for 18 three consecutive weeks in a newspaper of general circulation 19 in the area where the facility or proposed facility is 20 located. The public involvement process shall include the 21 following: 22 (i) A special public hearing at which a draft 23 agreement is presented to the public and at which the 24 public is provided an opportunity to provide oral and 25 written testimony. The hearing shall be scheduled by the 26 host municipality with a minimum of 30 calendar days' 27 public notice prior to the hearing date. A public comment 28 period of no less than 30 calendar days shall be provided 29 after the public hearing to accept written comments on 30 the draft agreement. 20010H1436B1699 - 11 -
1 (ii) A special public meeting at which revisions to 2 the draft agreement are presented to the public by the 3 municipality, including changes to the draft agreement 4 that were adopted after the public hearing and public 5 comment period. The public shall be provided a reasonable 6 opportunity to ask questions to the host municipality on 7 the host municipality agreement and to provide public 8 comment. The meeting shall be scheduled by the host 9 municipality with a minimum of 30 calendar days' public 10 notice prior to the meeting date. 11 (iii) The host municipality shall publish the 12 decision on adopting or rejecting the final agreement 13 within 30 calendar days of acting. 14 (2) The public involvement process may contain 15 additional public notice in a manner determined by the 16 municipality to best inform the residents of the host 17 municipality. 18 (d) Contents of agreement.-- 19 (1) A host municipality agreement agreed to and executed 20 by the parties pursuant to the negotiation and mediation 21 process shall address the following: 22 (i) The nature of the proposed facility. 23 (ii) The site of the proposed facility or expansion 24 of the existing facility. 25 (iii) Measures to alleviate local issues, such as 26 haul routes, traffic problems, litter, odors, noise, dust 27 and any other nuisances that might result from the 28 operation of the facility. Such local issues shall be 29 identified by the host municipality during negotiation of 30 the host municipality agreement. 20010H1436B1699 - 12 -
1 (iv) The host benefit fee to be paid by the owner or 2 operator of the facility to the host municipality, which 3 fee shall not be less than the statutory minimum fee 4 established under the Municipal Waste Planning, Recycling 5 and Waste Reduction Act and any other financial and in- 6 kind contributions. 7 (v) The maximum and daily average waste volume to be 8 received at the facility. 9 (vi) The days and hours of operation of the 10 facility. 11 (vii) The availability of capacity at the facility 12 for the disposal of solid waste generated within the host 13 municipality. 14 (viii) Activities to promote recycling, waste 15 reduction and the proper management and disposal of solid 16 waste generated within the host municipality. 17 (ix) The process for resolution in a cooperative and 18 nonbinding manner of complaints and other grievances 19 concerning the construction and operation of the 20 facility. 21 (x) Provision for access to the facility and its 22 records by the host municipality inspector. 23 (2) A host municipality agreement agreed to and executed 24 by the parties pursuant to the negotiation and mediation 25 process may address the following: 26 (i) The geographic origin of solid waste disposed at 27 the facility and the amount of solid waste accepted for 28 disposal based upon the geographic origin of the solid 29 waste. 30 (ii) Any applicable zoning or land development 20010H1436B1699 - 13 -
1 requirements or approvals pursuant to the provisions of 2 the Municipalities Planning Code and implementing 3 ordinances. 4 (iii) Any other terms or conditions to which the 5 parties agree should be included in the agreement. 6 (3) The host municipality agreement may not address the 7 specifications or requirements for cover and revegetation, 8 storm water management, water quality protection and 9 monitoring, liners and leachate management or gas management. 10 (e) Department review of host municipality agreements.-- 11 (1) For all host municipality agreements submitted to 12 the department for approval under this section, the 13 department shall review each executed host municipality 14 agreement to ensure that the agreement addresses the 15 requirements of subsection (d)(1) or that an agreement has 16 been executed as a result of binding arbitration pursuant to 17 subsection (f)(7), whichever is applicable, and also to 18 ensure that there has been compliance with the public notice 19 and public comment requirements of subsection (c). 20 (2) The department shall review the terms and conditions 21 of the host municipality agreement that address subsection 22 (d)(1)(iii), (v), (vi), (vii) and (viii) to ensure the terms 23 and conditions of the host municipality agreement are not in 24 conflict with the terms and conditions of the existing or 25 proposed permit and applicable regulations. Where the 26 department determines there is a conflict between the terms 27 and conditions of the host municipality agreement and the 28 terms and conditions of the regulations or existing or 29 proposed permit, the more stringent or restrictive 30 requirement or condition shall apply. The department shall 20010H1436B1699 - 14 -
1 modify the permit to incorporate any such term or condition, 2 including any term or condition that is not addressed in the 3 proposed or existing permit. 4 (f) Process for negotiation and dispute resolution.-- 5 (1) The owner or operator of a commercial solid waste 6 landfill or resource recovery facility shall provide written 7 notice to each host municipality of its intent to develop a 8 host municipality agreement pursuant to the requirements of 9 this section. For a maximum period of 180 calendar days from 10 the date of receipt of the written notice of intent to 11 develop a host municipality agreement, the owner or operator 12 of the commercial solid waste landfill or resource recovery 13 facility and the host municipality or municipalities shall 14 engage in good faith negotiations to arrive at a host 15 municipality agreement. 16 (2) (i) If the parties are unable to reach an agreement 17 on all of the required terms and provisions of a host 18 municipality agreement, the parties shall engage in good 19 faith mediation, with a neutral mediator to be mutually 20 agreed upon and selected by the parties, for a period of 21 no more than 90 calendar days from the end of the 22 negotiation period with regard to the terms and 23 provisions on which an agreement cannot be reached. 24 (ii) The mediator shall act as a facilitator and 25 shall not have the ability or authority to legally bind 26 either party. 27 (iii) The costs of the mediator shall be borne 28 equally by the parties. If the parties cannot agree upon 29 a mediator within 20 calendar days after the expiration 30 of the negotiation period, the mediation period shall 20010H1436B1699 - 15 -
1 immediately terminate. 2 (3) If a host municipality agreement is not executed 3 within the combined negotiation period and mediation period, 4 then the parties shall set forth in writing to each other, 5 within 20 calendar days of the expiration or termination of 6 the mediation period, the issues, terms and provisions on 7 which agreement has been reached and the issues, terms and 8 provisions that remain in dispute, and the disputed issues 9 shall be submitted for binding arbitration. 10 (4) The arbitration shall be heard by an arbitration 11 board to consist of three persons: one appointed by the 12 municipality, one appointed by the owner or operator of the 13 facility and one to be agreed upon by the municipality and 14 the owner or operator of the facility. The arbitration board 15 members selected individually by the municipality and the 16 owner or operator shall be named within 30 calendar days from 17 the date of the parties' exchange of written statements of 18 issues in dispute. The remaining arbitrator shall be mutually 19 selected by the parties within 15 calendar days after the 20 appointment of the two arbitrators by the municipality and 21 the owner or operator. 22 (5) If the third arbitrator cannot be agreed upon by the 23 parties within the prescribed time period, then the selected 24 arbitrators shall request the American Arbitration 25 Association or any successor in function to furnish a list of 26 three members of said association who are residents of this 27 Commonwealth from which the third arbitrator shall be 28 selected by the selected arbitrators. The arbitrator 29 appointed by the owner or operator shall eliminate one of the 30 three suggested arbitrators within ten calendar days of 20010H1436B1699 - 16 -
1 receipt of the recommendations and, thereafter, the 2 arbitrator appointed by the municipality shall eliminate one 3 of the three suggested arbitrators within ten calendar days 4 thereafter. The individual whose name remains on the list 5 shall be the third arbitrator and shall act as the chairman 6 of the board of arbitration. 7 (6) The board of arbitration shall commence arbitration 8 proceedings within 60 calendar days after the date of 9 appointment of the final board member and shall conclude the 10 arbitration proceedings within 120 calendar days after the 11 date the third arbitrator is selected. The board of 12 arbitrators shall render its determination on all issues 13 before it within 30 calendar days after the conclusion of the 14 arbitration proceedings. 15 (7) The determination of the board of arbitration shall 16 be final and binding on the parties and, together with the 17 issues, terms and provisions mutually agreed to by the 18 parties during the exchange of mutual statements, shall 19 constitute the host municipality agreement, and each party 20 shall execute the agreement. 21 (8) The final determination of the board of arbitration 22 may be appealed only in accordance with and subject to 42 23 Pa.C.S. §§ 7314 (relating to vacating award by court) and 24 7315 (relating to modification or correction of award by 25 court). 26 (9) Each party shall bear the costs of the arbitrator 27 selected by that party and the costs of presenting the 28 party's position to the board of arbitration. The parties 29 shall bear equally the costs of the third arbitrator and all 30 other costs of arbitration. 20010H1436B1699 - 17 -
1 (10) In reaching its decision, the board of arbitration 2 shall consider the following factors: 3 (i) The effect of the commercial solid waste 4 landfill or resource recovery facility on surrounding 5 land uses and the community. 6 (ii) The effect of the commercial solid waste 7 landfill or resource recovery facility traffic on use and 8 safety of local roads and the existence of alternative 9 routes to the landfill. 10 (iii) Measures to be taken by the commercial solid 11 waste landfill or resource recovery facility to mitigate 12 its effects on surrounding uses and the community and, in 13 the case of existing facilities, any past mitigation 14 measures. 15 (iv) Needs of the host municipality for commercial 16 solid waste landfill or resource recovery facility 17 capacity, the cost to the landfill to reserve capacity, 18 the nature of local waste and limitations on the ability 19 of the landfill to accept that waste. 20 (v) The extent to which the issues raised by the 21 host municipality are addressed by existing regulations 22 or guidance of the department, other applicable law or 23 the conditions of a permit, if any. 24 (xi) The burden on the owner or operator to 25 administer any matter requested by the host municipality, 26 including the burden of undertaking activities to promote 27 recycling, waste reduction and waste management in the 28 host municipality. 29 (11) Only the following components of the host 30 municipality agreement shall be subject to determination by 20010H1436B1699 - 18 -
1 the board of arbitration: 2 (i) Measures to alleviate local issues such as haul 3 routes, traffic problems, litter, odors, noise, dust and 4 any other nuisances that might result from the operation 5 of the facility. 6 (ii) The host benefit fee to be paid by the owner or 7 operator of the facility to the host municipality. The 8 fee determined by the board of arbitration shall not be 9 less than the statutory minimum fee established under the 10 Municipal Waste Planning, Recycling and Waste Reduction 11 Act and shall not exceed 125% of the average fee paid by 12 similar facilities within the same geographical region, 13 taking into consideration the size and nature of the 14 facility. For purposes of this subparagraph, the term 15 "same geographical region" means the area defined by a 16 circle drawn around the facility in question with a 17 radius of 75 miles. 18 (iii) The days and hours of operation of the 19 facility. 20 (iv) The availability of capacity at the facility 21 for the disposal of solid waste generated within the host 22 municipality. 23 (v) Activities to promote recycling, waste reduction 24 and the proper management and disposal of solid waste 25 within the host municipality. 26 (vi) The process for resolution in a cooperative and 27 nonbinding manner of complaints and other grievances 28 concerning the construction and operation of the 29 facility. 30 (12) The parties at any time during the negotiation or 20010H1436B1699 - 19 -
1 mediation periods may by mutual written consent agree to 2 terminate negotiations and proceed directly to arbitration. 3 (g) Enforcement.--The terms of a host municipality agreement 4 shall be enforceable by the parties to the agreement. The courts 5 of common pleas are hereby given jurisdiction over disputes 6 between the host municipality and the facility owner or operator 7 regarding the implementation or enforcement of a host 8 municipality agreement. 9 (h) Reimbursement of host municipality costs.--At the 10 request of a host municipality, the department may reimburse the 11 host municipality for costs incurred in negotiating, mediating 12 and arbitrating a host municipality agreement under this 13 section. Costs covered shall be limited to costs incurred for 14 professional fees for lawyers, mediators, arbitrators, engineers 15 and other professionals used in the efforts to reach an 16 agreement. Any reimbursement shall be provided from funds in the 17 recycling fund established by section 706 of the Municipal Waste 18 Planning, Recycling and Waste Reduction Act or in the Solid 19 Waste Abatement Fund established under section 701 of the Solid 20 Waste Management Act, upon approval by the Governor. 21 Reimbursement shall not exceed $50,000 for each host 22 municipality agreement. The combined total reimbursement from 23 the two funds shall not exceed $750,000 annually or $2,500,000 24 over a five-year period from the effective date of this act. 25 (i) Relationship to other laws.-- 26 (1) The terms of a host municipality agreement shall 27 supersede and replace any existing ordinance adopted pursuant 28 to section 304(b) of the Municipal Waste Planning, Recycling 29 and Waste Reduction Act and concerning: 30 (i) the hours and days during which vehicles may 20010H1436B1699 - 20 -
1 deliver waste to the commercial solid waste facility or 2 resource recovery facility; or 3 (ii) the routing of traffic to and from the 4 commercial solid waste landfill or resource recovery 5 facility, 6 to the extent the ordinance is inconsistent or in conflict 7 with the terms of the host municipality agreement. 8 (2) Host municipality agreements shall be executed by 9 the parties in the manner provided for in this act and shall 10 not be subject to competitive bidding or other competitive 11 procurement requirements. 12 (3) The provisions of section 1305 of the Municipal 13 Waste Planning, Recycling and Waste Reduction Act shall be 14 applicable to any host benefit fee set forth in any host 15 municipality agreement executed pursuant to this act. 16 Section 6. Transportation authorization and traffic safety. 17 (a) General rule.--It shall be unlawful for a transporter to 18 transport solid waste to a municipal waste processing or 19 disposal facility located in this Commonwealth in a towing 20 vehicle and semitrailer combination with a fifth wheel hookup 21 unless the transporter meets the requirements of this section. 22 (b) Registration fee.-- 23 (1) A transporter shall submit an annual registration 24 application on a form prescribed by the department and shall 25 pay to the department an annual registration fee for each 26 semitrailer used in a towing vehicle and semitrailer 27 combination subject to this section. 28 (2) The annual registration fee shall be $100 for each 29 semitrailer used in a towing vehicle and semitrailer 30 combination subject to this section. 20010H1436B1699 - 21 -
1 (c) Authorization.--Within 30 calendar days of receipt of 2 the registration fee, the department shall issue a written 3 authorization for the semitrailer to be used to transport solid 4 waste. 5 (d) Stickers.--For each written authorization issued, the 6 department shall provide the transporter with two stickers for 7 each semitrailer indicating the authorization number and 8 authorization expiration date for the semitrailer. The stickers 9 shall be displayed prominently on the left front bulkhead and 10 back of the semitrailer used to transport solid waste. 11 (e) Duration.--Written authorization shall be effective for 12 one year after issuance. 13 (f) Regulations.--Subject to subsection (l)(3), the 14 department shall promulgate regulations implementing this 15 section no later than one year after the effective date of this 16 act. 17 (g) Failure to comply.--In carrying out the provisions of 18 this section, the department may deny, suspend, modify or revoke 19 any written authorization if it finds that any of the following 20 has occurred: 21 (1) The transporter or its agent has failed and 22 continues to fail to comply with: 23 (i) any provision of this act; 24 (ii) the Solid Waste Management Act; 25 (iii) the Municipal Waste Planning, Recycling and 26 Waste Reduction Act; 27 (iv) any other Federal or State statute relating to 28 environmental protection or to the protection of the 29 public health, safety and welfare; 30 (v) any rule, regulation or order of the department; 20010H1436B1699 - 22 -
1 or 2 (vi) any condition of any permit, license or other 3 written authorization issued by the department. 4 (2) The transporter has shown a lack of ability or 5 intention to comply with: 6 (i) any provision of this act; 7 (ii) any of the acts referred to in paragraph (1); 8 (iii) any rule, regulation or order of the 9 department; or 10 (iv) any condition of any permit or license issued 11 by the department, as indicated by past or continuing 12 violations. 13 In the case of a corporate transporter, the department may 14 deny the issuance of a written authorization if the 15 department finds that a principal of the corporation was a 16 principal of another corporation that committed past 17 violations of this act. 18 (h) Penalty.-- 19 (1) A person who violates subsection (a) commits a 20 misdemeanor of the third degree and shall, upon conviction 21 for the first offense, be sentenced to pay a fine of not less 22 than $5,000 nor more than $10,000. 23 (2) Upon a second or subsequent violation of subsection 24 (a), a person commits a misdemeanor of the second degree and 25 shall be sentenced to pay a fine of not less than $10,000 nor 26 more than $25,000, and the court may order the operating 27 privilege of the transporter to be suspended for a period of 28 up to one year, or both. 29 (i) Fees, fines and penalties to be paid into the Solid 30 Waste Abatement Fund.--All written authorization fees, fines and 20010H1436B1699 - 23 -
1 penalties collected under this section shall be paid into a 2 restricted account within the Solid Waste Abatement Fund 3 established under section 701 of the Solid Waste Management Act. 4 The fees, fines and penalties also may be used to implement the 5 written authorization program and to support efforts to inspect 6 vehicles used to transport solid waste. 7 (j) Forfeiture.--A towing vehicle and semitrailer used in 8 commission of an offense under this section shall be deemed 9 contraband and may be forfeited to the department. The 10 provisions of law relating to seizure, summary and judicial 11 forfeiture and condemnation of intoxicating liquor shall apply 12 to seizures and forfeitures under this section. Proceeds from 13 the sale of forfeited semitrailers shall be deposited in a 14 restricted account within the Solid Waste Abatement Fund 15 established under section 701 of the Solid Waste Management Act. 16 The funds shall be used to implement the written authorization 17 program and to support efforts to inspect vehicles used to 18 transport solid waste. 19 (k) Traffic impact studies for certain facilities.-- 20 (1) If the entrance to a commercial solid waste 21 landfill, resource recovery facility or a commercial solid 22 waste landfill or resource recovery facility for which a 23 permit, permit reissuance or major permit modification is 24 sought, is not within 15 driving miles from a four-lane, 25 divided highway as measured by the approved approach routes 26 to the facility, then the Department of Transportation shall 27 prepare a traffic impact study and submit the results of such 28 study to the department within 240 calendar days of the 29 effective date of this act. 30 (2) In the department's review of such study, the impact 20010H1436B1699 - 24 -
1 of traffic and transportation to the existing or proposed 2 facility shall be deemed a significant harm subject to 3 heightened scrutiny by the department and which harm may only 4 be overcome if the permittee, in the case of an existing 5 facility, or applicant, in the case of a pending application, 6 can demonstrate that the benefits of the project to the 7 public clearly outweigh all of the known and potential harms. 8 (l) Transporter compliance study and report.-- 9 (1) Within 24 months from the effective date of this 10 act, the department shall complete a study of transporter 11 compliance. The study shall include one motor vehicle 12 compliance inspection at or in close proximity to the site of 13 each commercial solid waste landfill and each resource 14 recovery facility in the Commonwealth during each of the two 15 calendar years following the effective date of this act. As a 16 part of each inspection, the department shall determine 17 compliance with the requirements of the Solid Waste 18 Management Act, the Municipal Waste Planning, Recycling and 19 Waste Reduction Act, vehicle safety requirements and weight 20 requirements by each vehicle delivering solid waste to a 21 commercial solid waste landfill or resource recovery facility 22 during the working day. 23 (2) Within 30 months from the effective date of this 24 act, the department shall report the results of the 25 transporter compliance study to the General Assembly. The 26 report shall provide numerical and statistical information 27 for each inspection in sufficient detail to identify and 28 quantify the violations found. For safety-related violations, 29 the report shall provide numerical and statistical 30 information identifying and quantifying the class of vehicle, 20010H1436B1699 - 25 -
1 the driver violations and identifying and quantifying the 2 specific mechanical systems involved in vehicle violations. 3 The report also shall detail the annual registration fees 4 collected and fines and penalties imposed and collected, and 5 the direct and indirect costs to implement the annual 6 registration program and inspection program. 7 (3) Upon the completion of study and submission of the 8 report to the General Assembly, the department shall have the 9 power and duty to promulgate regulations to require the 10 payment of an annual registration fee for each semitrailer 11 used in a towing vehicle and semitrailer combination subject 12 to this section. The amount of the annual registration fee 13 shall be sufficient to cover the actual costs of the 14 department in implementing and enforcing this section. 15 Section 7. Enforcement. 16 (a) Orders.-- 17 (1) The department may issue orders to persons and 18 municipalities as it deems necessary to aid in the 19 enforcement of this act. These orders may include, but shall 20 not be limited to, orders to enforce the terms of a host 21 municipality agreement, orders modifying, suspending or 22 revoking written authorizations and orders requiring persons 23 and municipalities to cease unlawful activities or operations 24 of a commercial solid waste landfill or resource recovery 25 facility or transportation vehicle which in the course of its 26 operation is in violation of any provision of this act, any 27 rule or regulation of the department or any terms and 28 conditions of a written authorization issued under this act, 29 a host municipality agreement or a permit. An order issued 30 under this act shall take effect upon notice unless the order 20010H1436B1699 - 26 -
1 specifies otherwise. 2 (2) An appeal to the Environmental Hearing Board shall 3 not act as a supersedeas. 4 (3) The power of the department to issue an order under 5 this act is in addition to any other remedy which may be 6 afforded to the department pursuant to this act or any other 7 act. 8 (b) Duty to comply with orders of department.--It shall be 9 the duty of any person and municipality to proceed diligently to 10 comply with any order issued pursuant to this section. If the 11 person or municipality fails to proceed diligently or fails to 12 comply with the order within the time, if any, as may be 13 specified, the person or municipality shall be guilty of 14 contempt and shall be punished by the court in an appropriate 15 manner and, for this purpose, application may be made by the 16 department to the court. 17 Section 8. Civil penalties. 18 (a) Authority.-- 19 (1) In addition to proceeding under any other remedy 20 available at law or in equity for a violation of any 21 provision of this act, any provision of a host municipality 22 agreement, any rule or regulation of the department or order 23 of the department or any term or condition of any written 24 authorization issued by the department, the department may 25 assess a civil penalty upon a person for the violation. The 26 penalty may be assessed whether or not the violation was 27 willful or negligent. 28 (2) In determining the amount of the penalty, the 29 department shall consider the willfulness of the violation, 30 damage to air, water, land or other natural resources of this 20010H1436B1699 - 27 -
1 Commonwealth or their uses, cost or restoration and 2 abatement, savings resulting to the person in consequence of 3 the violation and other relevant factors. 4 (3) The maximum civil penalty that may be assessed 5 pursuant to this section is $25,000 per offense. Each 6 violation for each separate day and each violation of any 7 provision of this act, any rule or regulation under this act, 8 any order of the department or any term or condition of a 9 permit or permits shall constitute a separate and distinct 10 offense under this section. 11 (b) Procedure.-- 12 (1) When the department proposes to assess a civil 13 penalty, it shall inform the person of the proposed amount of 14 the penalty. The person charged with the penalty shall then 15 have 30 calendar days to pay the proposed penalty in full or, 16 if the person wishes to contest the amount of the penalty or 17 the fact of the violation to the extent not already 18 established, the person shall forward the proposed amount of 19 the penalty to the Environmental Hearing Board within the 30- 20 calendar day period for placement in an escrow account with 21 the State Treasurer or any Commonwealth bank or post an 22 appeal bond to the hearing board within 30 calendar days in 23 the amount of the proposed penalty if the bond is executed by 24 a surety licensed to do business in this Commonwealth and is 25 satisfactory to the department. 26 (2) If through administrative or final judicial review 27 of the proposed penalty it is determined that no violation 28 occurred or that the amount of the penalty shall be reduced, 29 the hearing board shall within 30 calendar days remit the 30 appropriate amount to the person with any interest 20010H1436B1699 - 28 -
1 accumulated by the escrow deposit. 2 (3) Failure to forward the money or the appeal bond at 3 the time of the appeal shall result in a waiver of all legal 4 rights to contest the violation or the amount of the civil 5 penalty unless the appellant alleges financial inability to 6 prepay the penalty or to post the appeal bond. The hearing 7 board shall conduct a hearing to consider the appellant's 8 alleged inability to pay within 30 calendar days of the date 9 of the appeal. 10 (4) The hearing board may waive the requirement to 11 prepay the civil penalty or to post an appeal bond if the 12 appellant demonstrates and the hearing board finds that the 13 appellant is financially unable to pay. The hearing board 14 shall issue an order within 30 calendar days of the date of 15 the hearing to consider the appellant's alleged inability to 16 pay. 17 (5) The amount assessed after administrative hearing or 18 after waiver of administrative hearing shall be payable to 19 the Commonwealth and shall be collectible in any manner 20 provided by law for the collection of debts, including the 21 collection of interest at the legal rate, which shall run 22 from the date of assessment of the penalty. 23 (6) If any person liable to pay a penalty neglects or 24 refuses to pay the same after demand, the amount, together 25 with interest and any costs that may accrue, shall constitute 26 a debt of the person, as may be appropriate, to the Solid 27 Waste Abatement Fund. The debt shall constitute a lien on all 28 property owned by the person when a notice of lien 29 incorporating a description of the property of the person 30 subject to the action is filed with the prothonotary of the 20010H1436B1699 - 29 -
1 court of common pleas where the property is located. 2 (7) The prothonotary shall promptly enter upon the civil 3 judgment or order docket, at no cost to the department, the 4 name and address of the person, as may be appropriate, and 5 the amount of the lien as set forth in the notice of lien. 6 Upon entry by the prothonotary, the lien shall attach to the 7 revenues and all real and personal property of the person, 8 whether or not the person is solvent. 9 (8) The notice of lien, filed pursuant to this 10 subsection, which affects the property of the person shall 11 create a lien with priority over all subsequent claims or 12 liens which are filed against the person, but it shall not 13 affect any valid lien, right or interest in the property 14 filed in accordance with established procedure prior to the 15 filing of a notice of lien under this subsection. 16 Section 9. Regulations. 17 The Environmental Quality Board shall have the power and its 18 duty shall be to adopt the regulations of the department to 19 accomplish the purposes and to carry out the provisions of this 20 act. 21 Section 10. Severability. 22 The provisions of this act are severable. If any provision of 23 this act or its application to any person or circumstance is 24 held invalid, the invalidity shall not affect other provisions 25 or applications of this act which can be given effect without 26 the invalid provision or application. 27 Section 11. Repeals. 28 All acts and parts of acts are repealed insofar as they are 29 inconsistent with this act. 30 Section 12. Effective date. 20010H1436B1699 - 30 -
1 This act shall take effect as follows: 2 (1) Section 6(a) shall take effect upon the adoption of 3 final regulations by the department pursuant to section 6(f). 4 (2) The remainder of this act shall take effect 5 immediately. D23L35DMS/20010H1436B1699 - 31 -