PRINTER'S NO. 1702
No. 1439 Session of 2001
INTRODUCED BY S. H. SMITH, FEESE, SURRA, BASTIAN, BELARDI,
CALTAGIRONE, CAPPELLI, CAWLEY, DALLY, BARD, FAIRCHILD,
FRANKEL, GRUCELA, HENNESSEY, HERMAN, HERSHEY, HESS, LAUGHLIN,
LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS,
RUBLEY, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, STEIL,
E. Z. TAYLOR, THOMAS, TRELLO AND YUDICHAK, APRIL 25, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 2001
AN ACT
1 Establishing transportation and safety requirements, including a
2 fee and registration for vehicles that collect and transport
3 municipal and residual waste to certain municipal and
4 residual waste disposal and processing facilities.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Legislative findings and declaration of policy.
8 Section 3. Definitions.
9 Section 4. Construction of act.
10 Section 5. Transportation authorization and traffic safety.
11 Section 6. Enforcement.
12 Section 7. Civil penalties.
13 Section 8. Regulations.
14 Section 9. Severability.
15 Section 10. Repeals.
16 Section 11. Effective date.
17 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 Transportation Safety 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) Concentrated traffic in the vicinity of commercial
19 solid waste landfills and resource recovery facilities can
20 contribute to and cause substantial harm to this
21 Commonwealth's roadways and environment and to the health and
22 safety of the residents of this Commonwealth when traffic is
23 improperly managed.
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
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1 rural and sparsely populated areas.
2 (7) Joint inspections of vehicles by the Department of
3 Environmental Protection, the Pennsylvania State Police and
4 the Department of Transportation consistently indicate that
5 over 25% of the waste vehicles inspected have violations of
6 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
7 Waste Management Act, and the act of July 28, 1988 (P.L.556,
8 No.101), known as the Municipal Waste Planning, Recycling and
9 Waste Reduction Act.
10 (8) Inspections by the Pennsylvania State Police and the
11 Department of Transportation consistently indicate vehicle
12 safety and weight control violations are pervasive in the
13 waste hauling industry.
14 (b) Purposes and goals.--The purposes and goals of this act
15 are to:
16 (1) Enhance the protection of the public health, safety
17 and welfare from the short-term and long-term dangers of
18 transportation of solid waste.
19 (2) Implement section 27 of Article I of the
20 Constitution of Pennsylvania.
21 (3) Limit the magnitude of transportation problems in
22 and around communities which host commercial solid waste
23 landfills or resource recovery facilities.
24 (4) Require written authorization from the Department of
25 Environmental Protection for transporting municipal or
26 residual waste to municipal waste processing and disposal
27 facilities in order to enhance the safe transportation of
28 waste.
29 (5) Protect residents of the communities affected by
30 commercial solid waste landfills and resource recovery
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1 facilities from unnecessary traffic problems, litter, odors,
2 noise, dust and other nuisances which may result from the
3 operation of the facilities and from the transportation of
4 waste to the facilities.
5 Section 3. Definitions.
6 (a) General rule.--Unless specifically defined in this
7 section, the terms in this act have the same meaning as provided
8 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
9 Waste Management Act, or the act of July 28, 1988 (P.L.556,
10 No.101), known as the Municipal Waste Planning, Recycling and
11 Waste Reduction Act, or regulations of the Department of
12 Environmental Protection promulgated thereunder.
13 (b) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Commercial solid waste landfill." A landfill permitted or
17 proposed for permitting under the act of July 7, 1980 (P.L.380,
18 No.97), known as the Solid Waste Management Act, for the
19 disposal of municipal waste, residual waste or mixed municipal
20 and residual waste, including mixed municipal or residual waste
21 and construction and demolition debris. The term does not
22 include a landfill used for the exclusive disposal of
23 construction and demolition waste or debris or a captive
24 residual waste facility.
25 "Department." The Department of Environmental Protection of
26 the Commonwealth and its authorized representatives.
27 "Gross vehicle weight." The combined weight of a vehicle or
28 combination of vehicles, including a towing vehicle, semitrailer
29 and the vehicle load, excluding the driver's weight.
30 "Municipal Waste Planning, Recycling and Waste Reduction
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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 "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 "Semitrailer." A trailer so constructed that some part of
8 its weight rests upon or is carried by the towing vehicle.
9 "Solid Waste Management Act." The act of July 7, 1980
10 (P.L.380, No.97), known as the Solid Waste Management Act.
11 "Transporter." The owner or operator of a towing vehicle
12 used to transport municipal or residual waste.
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. Transportation authorization and traffic safety.
23 (a) General rule.--It shall be unlawful for a transporter to
24 transport solid waste to a municipal waste processing or
25 disposal facility located in this Commonwealth in a towing
26 vehicle and semitrailer combination with a fifth wheel hookup
27 unless the transporter meets the requirements of this section.
28 (b) Registration fee.--
29 (1) A transporter shall submit an annual registration
30 application on a form prescribed by the department and shall
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1 pay to the department an annual registration fee for each
2 semitrailer used in a towing vehicle and semitrailer
3 combination subject to this section.
4 (2) The annual registration fee shall be $100 for each
5 semitrailer used in a towing vehicle and semitrailer
6 combination subject to this section.
7 (c) Authorization.--Within 30 calendar days of receipt of
8 the registration fee, the department shall issue a written
9 authorization for the semitrailer to be used to transport solid
10 waste.
11 (d) Stickers.--For each written authorization issued, the
12 department shall provide the transporter with two stickers for
13 each semitrailer indicating the authorization number and
14 authorization expiration date for the semitrailer. The stickers
15 shall be displayed prominently on the left front bulkhead and
16 back of the semitrailer used to transport solid waste.
17 (e) Duration.--Written authorization shall be effective for
18 one year after issuance.
19 (f) Regulations.--Subject to subsection (l)(3), the
20 department shall promulgate regulations implementing this
21 section no later than one year after the effective date of this
22 act.
23 (g) Failure to comply.--In carrying out the provisions of
24 this section, the department may deny, suspend, modify or revoke
25 any written authorization if it finds that any of the following
26 has occurred:
27 (1) The transporter or its agent has failed and
28 continues to fail to comply with:
29 (i) any provision of this act;
30 (ii) the Solid Waste Management Act;
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1 (iii) the Municipal Waste Planning, Recycling and
2 Waste Reduction Act;
3 (iv) any other Federal or State statute relating to
4 environmental protection or to the protection of the
5 public health, safety and welfare;
6 (v) any rule, regulation or order of the department;
7 or
8 (vi) any condition of any permit, license or other
9 written authorization issued by the department.
10 (2) The transporter has shown a lack of ability or
11 intention to comply with:
12 (i) any provision of this act;
13 (ii) any of the acts referred to in paragraph (1);
14 (iii) any rule, regulation or order of the
15 department; or
16 (iv) any condition of any permit or license issued
17 by the department, as indicated by past or continuing
18 violations.
19 In the case of a corporate transporter, the department may
20 deny the issuance of a written authorization if the
21 department finds that a principal of the corporation was a
22 principal of another corporation that committed past
23 violations of this act.
24 (h) Penalty.--
25 (1) A person who violates subsection (a) commits a
26 misdemeanor of the third degree and shall, upon conviction
27 for the first offense, be sentenced to pay a fine of not less
28 than $5,000 nor more than $10,000.
29 (2) Upon a second or subsequent violation of subsection
30 (a), a person commits a misdemeanor of the second degree and
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1 shall be sentenced to pay a fine of not less than $10,000 nor
2 more than $25,000, and the court may order the operating
3 privilege of the transporter to be suspended for a period of
4 up to one year, or both.
5 (i) Fees, fines and penalties to be paid into the Solid
6 Waste Abatement Fund.--All written authorization fees, fines and
7 penalties collected under this section shall be paid into a
8 restricted account within the Solid Waste Abatement Fund
9 established under section 701 of the Solid Waste Management Act.
10 The fees, fines and penalties also may be used to implement the
11 written authorization program and to support efforts to inspect
12 vehicles used to transport solid waste.
13 (j) Forfeiture.--A towing vehicle and semitrailer used in
14 commission of an offense under this section shall be deemed
15 contraband and may be forfeited to the department. The
16 provisions of law relating to seizure, summary and judicial
17 forfeiture and condemnation of intoxicating liquor shall apply
18 to seizures and forfeitures under this section. Proceeds from
19 the sale of forfeited semitrailers shall be deposited in a
20 restricted account within the Solid Waste Abatement Fund
21 established under section 701 of the Solid Waste Management Act.
22 The funds shall be used to implement the written authorization
23 program and to support efforts to inspect vehicles used to
24 transport solid waste.
25 (k) Transporter compliance study and report.--
26 (1) Within 24 months from the effective date of this
27 act, the department shall complete a study of transporter
28 compliance. The study shall include one motor vehicle
29 compliance inspection at or in close proximity to the site of
30 each commercial solid waste landfill and each resource
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1 recovery facility in the Commonwealth during each of the two
2 calendar years following the effective date of this act. As a
3 part of each inspection, the department shall determine
4 compliance with the requirements of the Solid Waste
5 Management Act, the Municipal Waste Planning, Recycling and
6 Waste Reduction Act, vehicle safety requirements and weight
7 requirements by each vehicle delivering solid waste to a
8 commercial solid waste landfill or resource recovery facility
9 during the working day.
10 (2) Within 30 months from the effective date of this
11 act, the department shall report the results of the
12 transporter compliance study to the General Assembly. The
13 report shall provide numerical and statistical information
14 for each inspection in sufficient detail to identify and
15 quantify the violations found. For safety-related violations,
16 the report shall provide numerical and statistical
17 information identifying and quantifying the class of vehicle,
18 the driver violations and identifying and quantifying the
19 specific mechanical systems involved in vehicle violations.
20 The report also shall detail the annual registration fees
21 collected and fines and penalties imposed and collected, and
22 the direct and indirect costs to implement the annual
23 registration program and inspection program.
24 (3) Upon the completion of study and submission of the
25 report to the General Assembly, the department shall have the
26 power and duty to promulgate regulations to require the
27 payment of an annual registration fee for each semitrailer
28 used in a towing vehicle and semitrailer combination subject
29 to this section. The amount of the annual registration fee
30 shall be sufficient to cover the actual costs of the
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1 department in implementing and enforcing this section.
2 Section 6. Enforcement.
3 (a) Orders.--
4 (1) The department may issue orders to persons and
5 municipalities as it deems necessary to aid in the
6 enforcement of this act. These orders may include, but shall
7 not be limited to, orders to enforce the terms of a host
8 municipality agreement, orders modifying, suspending or
9 revoking written authorizations and orders requiring persons
10 and municipalities to cease unlawful activities or operations
11 of a commercial solid waste landfill or resource recovery
12 facility or transportation vehicle which in the course of its
13 operation is in violation of any provision of this act, any
14 rule or regulation of the department or any terms and
15 conditions of a written authorization issued under this act,
16 a host municipality agreement or a permit. An order issued
17 under this act shall take effect upon notice unless the order
18 specifies otherwise.
19 (2) An appeal to the Environmental Hearing Board shall
20 not act as a supersedeas.
21 (3) The power of the department to issue an order under
22 this act is in addition to any other remedy which may be
23 afforded to the department pursuant to this act or any other
24 act.
25 (b) Duty to comply with orders of department.--It shall be
26 the duty of any person and municipality to proceed diligently to
27 comply with any order issued pursuant to this section. If the
28 person or municipality fails to proceed diligently or fails to
29 comply with the order within the time, if any, as may be
30 specified, the person or municipality shall be guilty of
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1 contempt and shall be punished by the court in an appropriate
2 manner and, for this purpose, application may be made by the
3 department to the court.
4 Section 7. Civil penalties.
5 (a) Authority.--
6 (1) In addition to proceeding under any other remedy
7 available at law or in equity for a violation of any
8 provision of this act, any provision of a host municipality
9 agreement, any rule or regulation of the department or order
10 of the department or any term or condition of any written
11 authorization issued by the department, the department may
12 assess a civil penalty upon a person for the violation. The
13 penalty may be assessed whether or not the violation was
14 willful or negligent.
15 (2) In determining the amount of the penalty, the
16 department shall consider the willfulness of the violation,
17 damage to air, water, land or other natural resources of this
18 Commonwealth or their uses, cost or restoration and
19 abatement, savings resulting to the person in consequence of
20 the violation and other relevant factors.
21 (3) The maximum civil penalty that may be assessed
22 pursuant to this section is $25,000 per offense. Each
23 violation for each separate day and each violation of any
24 provision of this act, any rule or regulation under this act,
25 any order of the department or any term or condition of a
26 permit or permits shall constitute a separate and distinct
27 offense under this section.
28 (b) Procedure.--
29 (1) When the department proposes to assess a civil
30 penalty, it shall inform the person of the proposed amount of
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1 the penalty. The person charged with the penalty shall then
2 have 30 calendar days to pay the proposed penalty in full or,
3 if the person wishes to contest the amount of the penalty or
4 the fact of the violation to the extent not already
5 established, the person shall forward the proposed amount of
6 the penalty to the Environmental Hearing Board within the 30-
7 calendar day period for placement in an escrow account with
8 the State Treasurer or any Commonwealth bank or post an
9 appeal bond to the hearing board within 30 calendar days in
10 the amount of the proposed penalty if the bond is executed by
11 a surety licensed to do business in this Commonwealth and is
12 satisfactory to the department.
13 (2) If through administrative or final judicial review
14 of the proposed penalty it is determined that no violation
15 occurred or that the amount of the penalty shall be reduced,
16 the hearing board shall within 30 calendar days remit the
17 appropriate amount to the person with any interest
18 accumulated by the escrow deposit.
19 (3) Failure to forward the money or the appeal bond at
20 the time of the appeal shall result in a waiver of all legal
21 rights to contest the violation or the amount of the civil
22 penalty unless the appellant alleges financial inability to
23 prepay the penalty or to post the appeal bond. The hearing
24 board shall conduct a hearing to consider the appellant's
25 alleged inability to pay within 30 calendar days of the date
26 of the appeal.
27 (4) The hearing board may waive the requirement to
28 prepay the civil penalty or to post an appeal bond if the
29 appellant demonstrates and the hearing board finds that the
30 appellant is financially unable to pay. The hearing board
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1 shall issue an order within 30 calendar days of the date of
2 the hearing to consider the appellant's alleged inability to
3 pay.
4 (5) The amount assessed after administrative hearing or
5 after waiver of administrative hearing shall be payable to
6 the Commonwealth and shall be collectible in any manner
7 provided by law for the collection of debts, including the
8 collection of interest at the legal rate, which shall run
9 from the date of assessment of the penalty.
10 (6) If any person liable to pay a penalty neglects or
11 refuses to pay the same after demand, the amount, together
12 with interest and any costs that may accrue, shall constitute
13 a debt of the person, as may be appropriate, to the Solid
14 Waste Abatement Fund. The debt shall constitute a lien on all
15 property owned by the person when a notice of lien
16 incorporating a description of the property of the person
17 subject to the action is filed with the prothonotary of the
18 court of common pleas where the property is located.
19 (7) The prothonotary shall promptly enter upon the civil
20 judgment or order docket, at no cost to the department, the
21 name and address of the person, as may be appropriate, and
22 the amount of the lien as set forth in the notice of lien.
23 Upon entry by the prothonotary, the lien shall attach to the
24 revenues and all real and personal property of the person,
25 whether or not the person is solvent.
26 (8) The notice of lien, filed pursuant to this
27 subsection, which affects the property of the person shall
28 create a lien with priority over all subsequent claims or
29 liens which are filed against the person, but it shall not
30 affect any valid lien, right or interest in the property
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1 filed in accordance with established procedure prior to the
2 filing of a notice of lien under this subsection.
3 Section 8. Regulations.
4 The Environmental Quality Board shall have the power and its
5 duty shall be to adopt the regulations of the department to
6 accomplish the purposes and to carry out the provisions of this
7 act.
8 Section 9. Severability.
9 The provisions of this act are severable. If any provision of
10 this act or its application to any person or circumstance is
11 held invalid, the invalidity shall not affect other provisions
12 or applications of this act which can be given effect without
13 the invalid provision or application.
14 Section 10. Repeals.
15 All acts and parts of acts are repealed insofar as they are
16 inconsistent with this act.
17 Section 11. Effective date.
18 This act shall take effect as follows:
19 (1) Section 5 shall take effect upon the adoption of
20 final regulations by the department pursuant to section 5(f).
21 (2) The remainder of this act shall take effect
22 immediately.
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