PRINTER'S NO. 1700
No. 1437 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, STEIL, E. Z. TAYLOR, 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. 3 TABLE OF CONTENTS 4 Section 1. Short title. 5 Section 2. Legislative findings and declaration of policy. 6 Section 3. Definitions. 7 Section 4. Construction of act. 8 Section 5. Host municipality agreements. 9 Section 6. Enforcement. 10 Section 7. Civil penalties. 11 Section 8. Regulations. 12 Section 9. Severability. 13 Section 10. Repeals. 14 Section 11. Effective date. 15 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. Short title. 3 This act shall be known and may be cited as the Solid Waste 4 Host Municipality Agreement Act. 5 Section 2. Legislative findings and declaration of policy. 6 (a) Legislative findings.--The General Assembly hereby 7 determines, declares and finds that: 8 (1) Improper solid waste practices create public health 9 hazards, environmental pollution and nuisances and cause 10 irreparable harm to the public health, safety and welfare. 11 (2) All aspects of solid waste management, particularly 12 the disposition of solid waste, pose a critical threat to the 13 health, safety and welfare of the residents of this 14 Commonwealth when solid waste is improperly managed. 15 (3) The Commonwealth is responsible for the protection 16 of the health, safety and welfare of its residents concerning 17 solid waste management. 18 (4) The construction and expansion of commercial solid 19 waste landfills and resource recovery facilities usually 20 consumes natural lands, thereby impinging upon wildlife 21 habitat and the public's use and enjoyment of the natural 22 resources, including air, water and natural scenic, historic 23 and esthetic values of the environment. 24 (5) Communities in the areas located near and along the 25 approach routes to commercial solid waste landfills and 26 resource recovery facilities experience traffic problems, 27 litter, odors, noise, dust and other nuisances resulting from 28 the operation of the facilities and from the transportation 29 of waste to the facilities. 30 (6) Commercial solid waste landfills tend to locate in 20010H1437B1700 - 2 -
1 rural and sparsely populated areas. 2 (b) Purposes and goals.--The purposes and goals of this act 3 are to: 4 (1) Enhance the protection of the public health, safety 5 and welfare from the short-term and long-term dangers 6 associated with the disposal of solid waste. 7 (2) Implement section 27 of Article I of the 8 Constitution of Pennsylvania. 9 (3) Conserve the environment and the natural resources 10 of this Commonwealth. 11 (4) Limit the magnitude of environmental problems in and 12 around communities which host commercial solid waste 13 landfills or resource recovery facilities. 14 (5) Provide for greater local input from affected 15 residents and communities in the planning of commercial solid 16 waste landfills and resource recovery facilities. 17 (6) 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. 20010H1437B1700 - 3 -
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 "Host municipality." A municipality other than the county 20 within which a commercial solid waste landfill or resource 21 recovery facility or any portion of a permit area is located or 22 is proposed to be located. 23 "Host municipality agreement." A written, legally binding 24 document or documents executed by authorized officials of each 25 host municipality and an owner or operator of a commercial solid 26 waste landfill or resource recovery facility. 27 "Municipal Waste Planning, Recycling and Waste Reduction 28 Act." The act of July 28, 1988 (P.L.556, No.101), known as the 29 Municipal Waste Planning, Recycling and Waste Reduction Act. 30 "Pennsylvania Municipalities Planning Code." The act of July 20010H1437B1700 - 4 -
1 31, 1968 (P.L.805, No.247), known as the Pennsylvania 2 Municipalities Planning Code. 3 "Permit." A permit issued pursuant to the act of July 7, 4 1980 (P.L.380, No.97), known as the Solid Waste Management Act. 5 "Secretary." The Secretary of Environmental Protection of 6 the Commonwealth. 7 "Solid Waste Management Act." The act of July 7, 1980 8 (P.L.380, No.97), known as the Solid Waste Management Act. 9 "Volume modification." An application for permit 10 modification filed by an owner or operator of a commercial solid 11 waste landfill or resource recovery facility which requests an 12 increased in average or maximum daily waste volume. 13 Section 4. Construction of act. 14 (a) Liberal construction.--This act shall be liberally 15 construed so as best to achieve and effectuate the goals and 16 purposes of this act. 17 (b) Pari materia.--This act shall be construed in pari 18 materia with the Solid Waste Management Act, the Municipal Waste 19 Planning, Recycling and Waste Reduction Act and sections 1935-A 20 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known 21 as The Administrative Code of 1929. 22 Section 5. Host municipality agreements. 23 (a) Requirement for host municipality agreement.-- 24 (1) A commercial solid waste landfill or resource 25 recovery facility shall develop a new or supplemental host 26 municipality agreement in accordance with this section as 27 follows: 28 (i) For a commercial solid waste landfill or 29 resource recovery facility for which a host municipality 30 agreement was executed prior to or on the effective date 20010H1437B1700 - 5 -
1 of this act, except as provided in subparagraphs (ii), 2 (iii) and (iv), a new or supplemental host municipality 3 agreement shall be: 4 (A) executed by the owner or operator and the 5 host municipality or municipalities on the date the 6 existing host municipality agreement expires or five 7 years after the effective date of this act, whichever 8 occurs first; and 9 (B) submitted to the department for approval 10 within 30 days of execution. 11 (ii) For a commercial solid waste landfill or 12 resource recovery facility for which: 13 (A) no host municipality agreement has been 14 executed as of the effective date of this act; or 15 (B) a host municipality agreement was executed 16 on or before the effective date of this act but which 17 agreement expires within two years of the effective 18 date of this act, 19 a host municipality agreement shall be executed by the 20 owner or operator and the host municipality or 21 municipalities within two years of the effective date of 22 this act and submitted to the department for approval 23 within 30 days of execution. The owner or operator of 24 such a facility shall provide notice to the host 25 municipality or municipalities pursuant to subsection 26 (f)(1) within 60 calendar days of the effective date of 27 this act. 28 (iii) For any commercial solid waste landfill or 29 resource recovery facility for which a permit under the 30 Solid Waste Management Act, within 18 months prior to the 20010H1437B1700 - 6 -
1 effective date of this act: 2 (A) has expired; 3 (B) has expired but has been extended beyond its 4 expiration date; or 5 (C) has expired but has been reinstated; and 6 for which a host municipality agreement was executed 7 prior to the effective date of this act, a new or 8 supplemental host municipality agreement shall be 9 executed by the owner or operator and the host 10 municipality or municipalities within two years of the 11 effective date of this act and submitted to the 12 department for approval within 30 days of execution. The 13 owner or operator of such a facility shall provide notice 14 to the host municipality or municipalities pursuant to 15 subsection (f)(1) within 60 calendar days of the 16 effective date of this act. Notwithstanding the 17 provisions of subsection (b)(3), for any such facility, 18 no permit or permit modification shall be issued by the 19 department until a new or supplemental agreement has been 20 executed in compliance with this section by the owner or 21 operator and each host municipality, whether the 22 application for such permit or permit modification was 23 submitted on, before or after the effective date of this 24 act. 25 (iv) For any commercial solid waste landfill or 26 resource recovery facility for which a host municipality 27 agreement was executed prior to or on the effective date 28 of this act but which has not begun to accept solid waste 29 as of the effective date of this act, a new or 30 supplemental host municipality agreement shall be 20010H1437B1700 - 7 -
1 executed by the owner or operator and the host 2 municipality or municipalities within two years of the 3 effective date of this act and submitted to the 4 department for approval within 30 days of execution. The 5 owner or operator of such a facility shall provide notice 6 to the host municipality or municipalities pursuant to 7 subsection (f)(1) within 60 calendar days of the 8 effective date of this act. 9 (2) A new or supplemental host municipality agreement 10 for each host municipality shall be executed in accordance 11 with this section and submitted to the department for 12 approval for any expansion modification or volume 13 modification filed by an owner or operator of a commercial 14 solid waste landfill or resource recovery facility after the 15 effective date of this act unless the existing host 16 municipality agreement contemplates and addresses the subject 17 of the modification. 18 (3) A host municipality agreement shall be executed in 19 accordance with this section by an owner or operator and the 20 host municipality or municipalities and shall be submitted to 21 the department for approval for any new commercial solid 22 waste landfill or resource recovery facility. 23 (b) Relationship to permit applications.-- 24 (1) An application for a permit, volume modification or 25 expansion modification for a commercial solid waste landfill 26 or resource recovery facility which is submitted to the 27 department for review after the effective date of this act 28 shall only be accepted as administratively complete under 29 section 512(a) of the Municipal Waste Planning, Recycling and 30 Waste Reduction Act and the regulations promulgated 20010H1437B1700 - 8 -
1 thereunder if it includes written evidence that the applicant 2 is in compliance with the requirements of this section. Such 3 written evidence shall be contained as part of the 4 application and shall include evidence that a host 5 municipality agreement that complies with this section is in 6 effect or proof of written notice to the host municipality or 7 municipalities pursuant to subsection (f)(1). 8 (2) The department's processing and review of a permit 9 application shall proceed concurrently with the period of 10 negotiation, mediation and arbitration of the host 11 municipality agreement. Negotiation, mediation and 12 arbitration of a host municipality agreement also may proceed 13 prior to the submission of a permit or major permit 14 modification application to the department. 15 (3) An application for a permit, volume modification or 16 expansion modification for a commercial solid waste landfill 17 or resource recovery facility which is submitted to the 18 department for review after the effective date of this act 19 shall be issued by the department only if a host municipality 20 agreement that complies with this section has been executed 21 by the applicant and each host municipality. For any 22 application which was submitted to the department on or 23 before the effective date of this act, the department shall 24 not withhold issuance of the permit or permit modification 25 provided the applicant executed a host municipality agreement 26 prior to the effective date of this act or the applicant 27 provided notice to the host municipality or municipalities 28 pursuant to subsection (f)(1) and is proceeding with the 29 requirements of this section to execute a host municipality 30 agreement. 20010H1437B1700 - 9 -
1 (c) Public notice and public involvement requirements.-- 2 (1) Within 30 calendar days from the date of receipt of 3 a written notice of intent to develop a host municipality 4 agreement pursuant to subsection (f)(1), each host 5 municipality shall publish notice that discussions for 6 developing a host municipality agreement with the commercial 7 solid waste landfill or resource recovery facility have 8 begun. The notice also shall describe the public involvement 9 process that the host municipality will use to develop the 10 agreement. The notice shall be published once a week for 11 three consecutive weeks in a newspaper of general circulation 12 in the area where the facility or proposed facility is 13 located. The public involvement process shall include the 14 following: 15 (i) A special public hearing at which a draft 16 agreement is presented to the public and at which the 17 public is provided an opportunity to provide oral and 18 written testimony. The hearing shall be scheduled by the 19 host municipality with a minimum of 30 calendar days' 20 public notice prior to the hearing date. A public comment 21 period of no less than 30 calendar days shall be provided 22 after the public hearing to accept written comments on 23 the draft agreement. 24 (ii) A special public meeting at which revisions to 25 the draft agreement are presented to the public by the 26 municipality, including changes to the draft agreement 27 that were adopted after the public hearing and public 28 comment period. The public shall be provided a reasonable 29 opportunity to ask questions to the host municipality on 30 the host municipality agreement and to provide public 20010H1437B1700 - 10 -
1 comment. The meeting shall be scheduled by the host 2 municipality with a minimum of 30 calendar days' public 3 notice prior to the meeting date. 4 (iii) The host municipality shall publish the 5 decision on adopting or rejecting the final agreement 6 within 30 calendar days of acting. 7 (2) The public involvement process may contain 8 additional public notice in a manner determined by the 9 municipality to best inform the residents of the host 10 municipality. 11 (d) Contents of agreement.-- 12 (1) A host municipality agreement agreed to and executed 13 by the parties pursuant to the negotiation and mediation 14 process shall address the following: 15 (i) The nature of the proposed facility. 16 (ii) The site of the proposed facility or expansion 17 of the existing facility. 18 (iii) Measures to alleviate local issues, such as 19 haul routes, traffic problems, litter, odors, noise, dust 20 and any other nuisances that might result from the 21 operation of the facility. Such local issues shall be 22 identified by the host municipality during negotiation of 23 the host municipality agreement. 24 (iv) The host benefit fee to be paid by the owner or 25 operator of the facility to the host municipality, which 26 fee shall not be less than the statutory minimum fee 27 established under the Municipal Waste Planning, Recycling 28 and Waste Reduction Act and any other financial and in- 29 kind contributions. 30 (v) The maximum and daily average waste volume to be 20010H1437B1700 - 11 -
1 received at the facility. 2 (vi) The days and hours of operation of the 3 facility. 4 (vii) The availability of capacity at the facility 5 for the disposal of solid waste generated within the host 6 municipality. 7 (viii) Activities to promote recycling, waste 8 reduction and the proper management and disposal of solid 9 waste generated within the host municipality. 10 (ix) The process for resolution in a cooperative and 11 nonbinding manner of complaints and other grievances 12 concerning the construction and operation of the 13 facility. 14 (x) Provision for access to the facility and its 15 records by the host municipality inspector. 16 (2) A host municipality agreement agreed to and executed 17 by the parties pursuant to the negotiation and mediation 18 process may address the following: 19 (i) The geographic origin of solid waste disposed at 20 the facility and the amount of solid waste accepted for 21 disposal based upon the geographic origin of the solid 22 waste. 23 (ii) Any applicable zoning or land development 24 requirements or approvals pursuant to the provisions of 25 the Municipalities Planning Code and implementing 26 ordinances. 27 (iii) Any other terms or conditions to which the 28 parties agree should be included in the agreement. 29 (3) The host municipality agreement may not address the 30 specifications or requirements for cover and revegetation, 20010H1437B1700 - 12 -
1 storm water management, water quality protection and 2 monitoring, liners and leachate management or gas management. 3 (e) Department review of host municipality agreements.-- 4 (1) For all host municipality agreements submitted to 5 the department for approval under this section, the 6 department shall review each executed host municipality 7 agreement to ensure that the agreement addresses the 8 requirements of subsection (d)(1) or that an agreement has 9 been executed as a result of binding arbitration pursuant to 10 subsection (f)(7), whichever is applicable, and also to 11 ensure that there has been compliance with the public notice 12 and public comment requirements of subsection (c). 13 (2) The department shall review the terms and conditions 14 of the host municipality agreement that address subsection 15 (d)(1)(iii), (v), (vi), (vii) and (viii) to ensure the terms 16 and conditions of the host municipality agreement are not in 17 conflict with the terms and conditions of the existing or 18 proposed permit and applicable regulations. Where the 19 department determines there is a conflict between the terms 20 and conditions of the host municipality agreement and the 21 terms and conditions of the regulations or existing or 22 proposed permit, the more stringent or restrictive 23 requirement or condition shall apply. The department shall 24 modify the permit to incorporate any such term or condition, 25 including any term or condition that is not addressed in the 26 proposed or existing permit. 27 (f) Process for negotiation and dispute resolution.-- 28 (1) The owner or operator of a commercial solid waste 29 landfill or resource recovery facility shall provide written 30 notice to each host municipality of its intent to develop a 20010H1437B1700 - 13 -
1 host municipality agreement pursuant to the requirements of 2 this section. For a maximum period of 180 calendar days from 3 the date of receipt of the written notice of intent to 4 develop a host municipality agreement, the owner or operator 5 of the commercial solid waste landfill or resource recovery 6 facility and the host municipality or municipalities shall 7 engage in good faith negotiations to arrive at a host 8 municipality agreement. 9 (2) (i) If the parties are unable to reach an agreement 10 on all of the required terms and provisions of a host 11 municipality agreement, the parties shall engage in good 12 faith mediation, with a neutral mediator to be mutually 13 agreed upon and selected by the parties, for a period of 14 no more than 90 calendar days from the end of the 15 negotiation period with regard to the terms and 16 provisions on which an agreement cannot be reached. 17 (ii) The mediator shall act as a facilitator and 18 shall not have the ability or authority to legally bind 19 either party. 20 (iii) The costs of the mediator shall be borne 21 equally by the parties. If the parties cannot agree upon 22 a mediator within 20 calendar days after the expiration 23 of the negotiation period, the mediation period shall 24 immediately terminate. 25 (3) If a host municipality agreement is not executed 26 within the combined negotiation period and mediation period, 27 then the parties shall set forth in writing to each other, 28 within 20 calendar days of the expiration or termination of 29 the mediation period, the issues, terms and provisions on 30 which agreement has been reached and the issues, terms and 20010H1437B1700 - 14 -
1 provisions that remain in dispute, and the disputed issues 2 shall be submitted for binding arbitration. 3 (4) The arbitration shall be heard by an arbitration 4 board to consist of three persons: one appointed by the 5 municipality, one appointed by the owner or operator of the 6 facility and one to be agreed upon by the municipality and 7 the owner or operator of the facility. The arbitration board 8 members selected individually by the municipality and the 9 owner or operator shall be named within 30 calendar days from 10 the date of the parties' exchange of written statements of 11 issues in dispute. The remaining arbitrator shall be mutually 12 selected by the parties within 15 calendar days after the 13 appointment of the two arbitrators by the municipality and 14 the owner or operator. 15 (5) If the third arbitrator cannot be agreed upon by the 16 parties within the prescribed time period, then the selected 17 arbitrators shall request the American Arbitration 18 Association or any successor in function to furnish a list of 19 three members of said association who are residents of this 20 Commonwealth from which the third arbitrator shall be 21 selected by the selected arbitrators. The arbitrator 22 appointed by the owner or operator shall eliminate one of the 23 three suggested arbitrators within ten calendar days of 24 receipt of the recommendations and, thereafter, the 25 arbitrator appointed by the municipality shall eliminate one 26 of the three suggested arbitrators within ten calendar days 27 thereafter. The individual whose name remains on the list 28 shall be the third arbitrator and shall act as the chairman 29 of the board of arbitration. 30 (6) The board of arbitration shall commence arbitration 20010H1437B1700 - 15 -
1 proceedings within 60 calendar days after the date of 2 appointment of the final board member and shall conclude the 3 arbitration proceedings within 120 calendar days after the 4 date the third arbitrator is selected. The board of 5 arbitrators shall render its determination on all issues 6 before it within 30 calendar days after the conclusion of the 7 arbitration proceedings. 8 (7) The determination of the board of arbitration shall 9 be final and binding on the parties and, together with the 10 issues, terms and provisions mutually agreed to by the 11 parties during the exchange of mutual statements, shall 12 constitute the host municipality agreement, and each party 13 shall execute the agreement. 14 (8) The final determination of the board of arbitration 15 may be appealed only in accordance with and subject to 42 16 Pa.C.S. §§ 7314 (relating to vacating award by court) and 17 7315 (relating to modification or correction of award by 18 court). 19 (9) Each party shall bear the costs of the arbitrator 20 selected by that party and the costs of presenting the 21 party's position to the board of arbitration. The parties 22 shall bear equally the costs of the third arbitrator and all 23 other costs of arbitration. 24 (10) In reaching its decision, the board of arbitration 25 shall consider the following factors: 26 (i) The effect of the commercial solid waste 27 landfill or resource recovery facility on surrounding 28 land uses and the community. 29 (ii) The effect of the commercial solid waste 30 landfill or resource recovery facility traffic on use and 20010H1437B1700 - 16 -
1 safety of local roads and the existence of alternative 2 routes to the landfill. 3 (iii) Measures to be taken by the commercial solid 4 waste landfill or resource recovery facility to mitigate 5 its effects on surrounding uses and the community and, in 6 the case of existing facilities, any past mitigation 7 measures. 8 (iv) Needs of the host municipality for commercial 9 solid waste landfill or resource recovery facility 10 capacity, the cost to the landfill to reserve capacity, 11 the nature of local waste and limitations on the ability 12 of the landfill to accept that waste. 13 (v) The extent to which the issues raised by the 14 host municipality are addressed by existing regulations 15 or guidance of the department, other applicable law or 16 the conditions of a permit, if any. 17 (vi) The burden on the owner or operator to 18 administer any matter requested by the host municipality, 19 including the burden of undertaking activities to promote 20 recycling, waste reduction and waste management in the 21 host municipality. 22 (11) Only the following components of the host 23 municipality agreement shall be subject to determination by 24 the board of arbitration: 25 (i) Measures to alleviate local issues such as haul 26 routes, traffic problems, litter, odors, noise, dust and 27 any other nuisances that might result from the operation 28 of the facility. 29 (ii) The host benefit fee to be paid by the owner or 30 operator of the facility to the host municipality. The 20010H1437B1700 - 17 -
1 fee determined by the board of arbitration shall not be 2 less than the statutory minimum fee established under the 3 Municipal Waste Planning, Recycling and Waste Reduction 4 Act and shall not exceed 125% of the average fee paid by 5 similar facilities within the same geographical region, 6 taking into consideration the size and nature of the 7 facility. For purposes of this subparagraph, the term 8 "same geographical region" means the area defined by a 9 circle drawn around the facility in question with a 10 radius of 75 miles. 11 (iii) The days and hours of operation of the 12 facility. 13 (iv) The availability of capacity at the facility 14 for the disposal of solid waste generated within the host 15 municipality. 16 (v) Activities to promote recycling, waste reduction 17 and the proper management and disposal of solid waste 18 within the host municipality. 19 (vi) The process for resolution in a cooperative and 20 nonbinding manner of complaints and other grievances 21 concerning the construction and operation of the 22 facility. 23 (12) The parties at any time during the negotiation or 24 mediation periods may by mutual written consent agree to 25 terminate negotiations and proceed directly to arbitration. 26 (g) Enforcement.--The terms of a host municipality agreement 27 shall be enforceable by the parties to the agreement. The courts 28 of common pleas are hereby given jurisdiction over disputes 29 between the host municipality and the facility owner or operator 30 regarding the implementation or enforcement of a host 20010H1437B1700 - 18 -
1 municipality agreement. 2 (h) Reimbursement of host municipality costs.--At the 3 request of a host municipality, the department may reimburse the 4 host municipality for costs incurred in negotiating, mediating 5 and arbitrating a host municipality agreement under this 6 section. Costs covered shall be limited to costs incurred for 7 professional fees for lawyers, mediators, arbitrators, engineers 8 and other professionals used in the efforts to reach an 9 agreement. Any reimbursement shall be provided from funds in the 10 recycling fund established by section 706 of the Municipal Waste 11 Planning, Recycling and Waste Reduction Act or in the Solid 12 Waste Abatement Fund established under section 701 of the Solid 13 Waste Management Act, upon approval by the Governor. 14 Reimbursement shall not exceed $50,000 for each host 15 municipality agreement. The combined total reimbursement from 16 the two funds shall not exceed $750,000 annually or $2,500,000 17 over a five-year period from the effective date of this act. 18 (i) Relationship to other laws.-- 19 (1) The terms of a host municipality agreement shall 20 supersede and replace any existing ordinance adopted pursuant 21 to section 304(b) of the Municipal Waste Planning, Recycling 22 and Waste Reduction Act and concerning: 23 (i) the hours and days during which vehicles may 24 deliver waste to the commercial solid waste facility or 25 resource recovery facility; or 26 (ii) the routing of traffic to and from the 27 commercial solid waste landfill or resource recovery 28 facility, 29 to the extent the ordinance is inconsistent or in conflict 30 with the terms of the host municipality agreement. 20010H1437B1700 - 19 -
1 (2) Host municipality agreements shall be executed by 2 the parties in the manner provided for in this act and shall 3 not be subject to competitive bidding or other competitive 4 procurement requirements. 5 (3) The provisions of section 1305 of the Municipal 6 Waste Planning, Recycling and Waste Reduction Act shall be 7 applicable to any host benefit fee set forth in any host 8 municipality agreement executed pursuant to this act. and 9 enforcing this section. 10 Section 6. Enforcement. 11 (a) Orders.-- 12 (1) The department may issue orders to persons and 13 municipalities as it deems necessary to aid in the 14 enforcement of this act. These orders may include, but shall 15 not be limited to, orders to enforce the terms of a host 16 municipality agreement, orders modifying, suspending or 17 revoking written authorizations and orders requiring persons 18 and municipalities to cease unlawful activities or operations 19 of a commercial solid waste landfill or resource recovery 20 facility or transportation vehicle which in the course of its 21 operation is in violation of any provision of this act, any 22 rule or regulation of the department or any terms and 23 conditions of a written authorization issued under this act, 24 a host municipality agreement or a permit. An order issued 25 under this act shall take effect upon notice unless the order 26 specifies otherwise. 27 (2) An appeal to the Environmental Hearing Board shall 28 not act as a supersedeas. 29 (3) The power of the department to issue an order under 30 this act is in addition to any other remedy which may be 20010H1437B1700 - 20 -
1 afforded to the department pursuant to this act or any other 2 act. 3 (b) Duty to comply with orders of department.--It shall be 4 the duty of any person and municipality to proceed diligently to 5 comply with any order issued pursuant to this section. If the 6 person or municipality fails to proceed diligently or fails to 7 comply with the order within the time, if any, as may be 8 specified, the person or municipality shall be guilty of 9 contempt and shall be punished by the court in an appropriate 10 manner and, for this purpose, application may be made by the 11 department to the court. 12 Section 7. Civil penalties. 13 (a) Authority.-- 14 (1) In addition to proceeding under any other remedy 15 available at law or in equity for a violation of any 16 provision of this act, any provision of a host municipality 17 agreement, any rule or regulation of the department or order 18 of the department or any term or condition of any written 19 authorization issued by the department, the department may 20 assess a civil penalty upon a person for the violation. The 21 penalty may be assessed whether or not the violation was 22 willful or negligent. 23 (2) In determining the amount of the penalty, the 24 department shall consider the willfulness of the violation, 25 damage to air, water, land or other natural resources of this 26 Commonwealth or their uses, cost or restoration and 27 abatement, savings resulting to the person in consequence of 28 the violation and other relevant factors. 29 (3) The maximum civil penalty that may be assessed 30 pursuant to this section is $25,000 per offense. Each 20010H1437B1700 - 21 -
1 violation for each separate day and each violation of any 2 provision of this act, any rule or regulation under this act, 3 any order of the department or any term or condition of a 4 permit or permits shall constitute a separate and distinct 5 offense under this section. 6 (b) Procedure.-- 7 (1) When the department proposes to assess a civil 8 penalty, it shall inform the person of the proposed amount of 9 the penalty. The person charged with the penalty shall then 10 have 30 calendar days to pay the proposed penalty in full or, 11 if the person wishes to contest the amount of the penalty or 12 the fact of the violation to the extent not already 13 established, the person shall forward the proposed amount of 14 the penalty to the Environmental Hearing Board within the 30- 15 calendar day period for placement in an escrow account with 16 the State Treasurer or any Commonwealth bank or post an 17 appeal bond to the hearing board within 30 calendar days in 18 the amount of the proposed penalty if the bond is executed by 19 a surety licensed to do business in this Commonwealth and is 20 satisfactory to the department. 21 (2) If through administrative or final judicial review 22 of the proposed penalty it is determined that no violation 23 occurred or that the amount of the penalty shall be reduced, 24 the hearing board shall within 30 calendar days remit the 25 appropriate amount to the person with any interest 26 accumulated by the escrow deposit. 27 (3) Failure to forward the money or the appeal bond at 28 the time of the appeal shall result in a waiver of all legal 29 rights to contest the violation or the amount of the civil 30 penalty unless the appellant alleges financial inability to 20010H1437B1700 - 22 -
1 prepay the penalty or to post the appeal bond. The hearing 2 board shall conduct a hearing to consider the appellant's 3 alleged inability to pay within 30 calendar days of the date 4 of the appeal. 5 (4) The hearing board may waive the requirement to 6 prepay the civil penalty or to post an appeal bond if the 7 appellant demonstrates and the hearing board finds that the 8 appellant is financially unable to pay. The hearing board 9 shall issue an order within 30 calendar days of the date of 10 the hearing to consider the appellant's alleged inability to 11 pay. 12 (5) The amount assessed after administrative hearing or 13 after waiver of administrative hearing shall be payable to 14 the Commonwealth and shall be collectible in any manner 15 provided by law for the collection of debts, including the 16 collection of interest at the legal rate, which shall run 17 from the date of assessment of the penalty. 18 (6) If any person liable to pay a penalty neglects or 19 refuses to pay the same after demand, the amount, together 20 with interest and any costs that may accrue, shall constitute 21 a debt of the person, as may be appropriate, to the Solid 22 Waste Abatement Fund. The debt shall constitute a lien on all 23 property owned by the person when a notice of lien 24 incorporating a description of the property of the person 25 subject to the action is filed with the prothonotary of the 26 court of common pleas where the property is located. 27 (7) The prothonotary shall promptly enter upon the civil 28 judgment or order docket, at no cost to the department, the 29 name and address of the person, as may be appropriate, and 30 the amount of the lien as set forth in the notice of lien. 20010H1437B1700 - 23 -
1 Upon entry by the prothonotary, the lien shall attach to the 2 revenues and all real and personal property of the person, 3 whether or not the person is solvent. 4 (8) The notice of lien, filed pursuant to this 5 subsection, which affects the property of the person shall 6 create a lien with priority over all subsequent claims or 7 liens which are filed against the person, but it shall not 8 affect any valid lien, right or interest in the property 9 filed in accordance with established procedure prior to the 10 filing of a notice of lien under this subsection. 11 Section 8. Regulations. 12 The Environmental Quality Board shall have the power and its 13 duty shall be to adopt the regulations of the department to 14 accomplish the purposes and to carry out the provisions of this 15 act. 16 Section 9. Severability. 17 The provisions of this act are severable. If any provision of 18 this act or its application to any person or circumstance is 19 held invalid, the invalidity shall not affect other provisions 20 or applications of this act which can be given effect without 21 the invalid provision or application. 22 Section 10. Repeals. 23 All acts and parts of acts are repealed insofar as they are 24 inconsistent with this act. 25 Section 11. Effective date. 26 This act shall take effect immediately. D23L35MSP/20010H1437B1700 - 24 -