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                                                      PRINTER'S NO. 1699

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.

















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