PRIOR PRINTER'S NO. 1702 PRINTER'S NO. 2858
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
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 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.
1 ESTABLISHING A WASTE TRANSPORTATION SAFETY PROGRAM AND THE WASTE <--
2 TRANSPORTATION SAFETY ACCOUNT; AND IMPOSING PENALTIES.
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 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) Concentrated traffic in the vicinity of commercial
22 solid waste landfills and resource recovery facilities can
23 contribute to and cause substantial harm to this
24 Commonwealth's roadways and environment and to the health and
25 safety of the residents of this Commonwealth when traffic is
26 improperly managed.
27 (5) Communities in the areas located near and along the
28 approach routes to commercial solid waste landfills and
29 resource recovery facilities experience traffic problems,
30 litter, odors, noise, dust and other nuisances resulting from
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1 the operation of the facilities and from the transportation
2 of waste to the facilities.
3 (6) Commercial solid waste landfills tend to locate in
4 rural and sparsely populated areas.
5 (7) Joint inspections of vehicles by the Department of
6 Environmental Protection, the Pennsylvania State Police and
7 the Department of Transportation consistently indicate that
8 over 25% of the waste vehicles inspected have violations of
9 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
10 Waste Management Act, and the act of July 28, 1988 (P.L.556,
11 No.101), known as the Municipal Waste Planning, Recycling and
12 Waste Reduction Act.
13 (8) Inspections by the Pennsylvania State Police and the
14 Department of Transportation consistently indicate vehicle
15 safety and weight control violations are pervasive in the
16 waste hauling industry.
17 (b) Purposes and goals.--The purposes and goals of this act
18 are to:
19 (1) Enhance the protection of the public health, safety
20 and welfare from the short-term and long-term dangers of
21 transportation of solid waste.
22 (2) Implement section 27 of Article I of the
23 Constitution of Pennsylvania.
24 (3) Limit the magnitude of transportation problems in
25 and around communities which host commercial solid waste
26 landfills or resource recovery facilities.
27 (4) Require written authorization from the Department of
28 Environmental Protection for transporting municipal or
29 residual waste to municipal waste processing and disposal
30 facilities in order to enhance the safe transportation of
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1 waste.
2 (5) Protect residents of the communities affected by
3 commercial solid waste landfills and resource recovery
4 facilities from unnecessary traffic problems, litter, odors,
5 noise, dust and other nuisances which may result from the
6 operation of the facilities and from the transportation of
7 waste to the facilities.
8 Section 3. Definitions.
9 (a) General rule.--Unless specifically defined in this
10 section, the terms in this act have the same meaning as provided
11 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
12 Waste Management Act, or the act of July 28, 1988 (P.L.556,
13 No.101), known as the Municipal Waste Planning, Recycling and
14 Waste Reduction Act, or regulations of the Department of
15 Environmental Protection promulgated thereunder.
16 (b) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Commercial solid waste landfill." A landfill permitted or
20 proposed for permitting under the act of July 7, 1980 (P.L.380,
21 No.97), known as the Solid Waste Management Act, for the
22 disposal of municipal waste, residual waste or mixed municipal
23 and residual waste, including mixed municipal or residual waste
24 and construction and demolition debris. The term does not
25 include a landfill used for the exclusive disposal of
26 construction and demolition waste or debris or a captive
27 residual waste facility.
28 "Department." The Department of Environmental Protection of
29 the Commonwealth and its authorized representatives.
30 "Gross vehicle weight." The combined weight of a vehicle or
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1 combination of vehicles, including a towing vehicle, semitrailer
2 and the vehicle load, excluding the driver's weight.
3 "Municipal Waste Planning, Recycling and Waste Reduction
4 Act." The act of July 28, 1988 (P.L.556, No.101), known as the
5 Municipal Waste Planning, Recycling and Waste Reduction Act.
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 Section 4. Construction of act.
17 (a) Liberal construction.--This act shall be liberally
18 construed so as best to achieve and effectuate the goals and
19 purposes of this act.
20 (b) Pari materia.--This act shall be construed in pari
21 materia with the Solid Waste Management Act, the Municipal Waste
22 Planning, Recycling and Waste Reduction Act and sections 1935-A
23 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known
24 as The Administrative Code of 1929.
25 Section 5. Transportation authorization and traffic safety.
26 (a) General rule.--It shall be unlawful for a transporter to
27 transport solid waste to a municipal waste processing or
28 disposal facility located in this Commonwealth in a towing
29 vehicle and semitrailer combination with a fifth wheel hookup
30 unless the transporter meets the requirements of this section.
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1 (b) Registration fee.--
2 (1) A transporter shall submit an annual registration
3 application on a form prescribed by the department and shall
4 pay to the department an annual registration fee for each
5 semitrailer used in a towing vehicle and semitrailer
6 combination subject to this section.
7 (2) The annual registration fee shall be $100 for each
8 semitrailer used in a towing vehicle and semitrailer
9 combination subject to this section.
10 (c) Authorization.--Within 30 calendar days of receipt of
11 the registration fee, the department shall issue a written
12 authorization for the semitrailer to be used to transport solid
13 waste.
14 (d) Stickers.--For each written authorization issued, the
15 department shall provide the transporter with two stickers for
16 each semitrailer indicating the authorization number and
17 authorization expiration date for the semitrailer. The stickers
18 shall be displayed prominently on the left front bulkhead and
19 back of the semitrailer used to transport solid waste.
20 (e) Duration.--Written authorization shall be effective for
21 one year after issuance.
22 (f) Regulations.--Subject to subsection (l)(3), the
23 department shall promulgate regulations implementing this
24 section no later than one year after the effective date of this
25 act.
26 (g) Failure to comply.--In carrying out the provisions of
27 this section, the department may deny, suspend, modify or revoke
28 any written authorization if it finds that any of the following
29 has occurred:
30 (1) The transporter or its agent has failed and
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1 continues to fail to comply with:
2 (i) any provision of this act;
3 (ii) the Solid Waste Management Act;
4 (iii) the Municipal Waste Planning, Recycling and
5 Waste Reduction Act;
6 (iv) any other Federal or State statute relating to
7 environmental protection or to the protection of the
8 public health, safety and welfare;
9 (v) any rule, regulation or order of the department;
10 or
11 (vi) any condition of any permit, license or other
12 written authorization issued by the department.
13 (2) The transporter has shown a lack of ability or
14 intention to comply with:
15 (i) any provision of this act;
16 (ii) any of the acts referred to in paragraph (1);
17 (iii) any rule, regulation or order of the
18 department; or
19 (iv) any condition of any permit or license issued
20 by the department, as indicated by past or continuing
21 violations.
22 In the case of a corporate transporter, the department may
23 deny the issuance of a written authorization if the
24 department finds that a principal of the corporation was a
25 principal of another corporation that committed past
26 violations of this act.
27 (h) Penalty.--
28 (1) A person who violates subsection (a) commits a
29 misdemeanor of the third degree and shall, upon conviction
30 for the first offense, be sentenced to pay a fine of not less
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1 than $5,000 nor more than $10,000.
2 (2) Upon a second or subsequent violation of subsection
3 (a), a person commits a misdemeanor of the second degree and
4 shall be sentenced to pay a fine of not less than $10,000 nor
5 more than $25,000, and the court may order the operating
6 privilege of the transporter to be suspended for a period of
7 up to one year, or both.
8 (i) Fees, fines and penalties to be paid into the Solid
9 Waste Abatement Fund.--All written authorization fees, fines and
10 penalties collected under this section shall be paid into a
11 restricted account within the Solid Waste Abatement Fund
12 established under section 701 of the Solid Waste Management Act.
13 The fees, fines and penalties also may be used to implement the
14 written authorization program and to support efforts to inspect
15 vehicles used to transport solid waste.
16 (j) Forfeiture.--A towing vehicle and semitrailer used in
17 commission of an offense under this section shall be deemed
18 contraband and may be forfeited to the department. The
19 provisions of law relating to seizure, summary and judicial
20 forfeiture and condemnation of intoxicating liquor shall apply
21 to seizures and forfeitures under this section. Proceeds from
22 the sale of forfeited semitrailers shall be deposited in a
23 restricted account within the Solid Waste Abatement Fund
24 established under section 701 of the Solid Waste Management Act.
25 The funds shall be used to implement the written authorization
26 program and to support efforts to inspect vehicles used to
27 transport solid waste.
28 (k) Transporter compliance study and report.--
29 (1) Within 24 months from the effective date of this
30 act, the department shall complete a study of transporter
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1 compliance. The study shall include one motor vehicle
2 compliance inspection at or in close proximity to the site of
3 each commercial solid waste landfill and each resource
4 recovery facility in the Commonwealth during each of the two
5 calendar years following the effective date of this act. As a
6 part of each inspection, the department shall determine
7 compliance with the requirements of the Solid Waste
8 Management Act, the Municipal Waste Planning, Recycling and
9 Waste Reduction Act, vehicle safety requirements and weight
10 requirements by each vehicle delivering solid waste to a
11 commercial solid waste landfill or resource recovery facility
12 during the working day.
13 (2) Within 30 months from the effective date of this
14 act, the department shall report the results of the
15 transporter compliance study to the General Assembly. The
16 report shall provide numerical and statistical information
17 for each inspection in sufficient detail to identify and
18 quantify the violations found. For safety-related violations,
19 the report shall provide numerical and statistical
20 information identifying and quantifying the class of vehicle,
21 the driver violations and identifying and quantifying the
22 specific mechanical systems involved in vehicle violations.
23 The report also shall detail the annual registration fees
24 collected and fines and penalties imposed and collected, and
25 the direct and indirect costs to implement the annual
26 registration program and inspection program.
27 (3) Upon the completion of study and submission of the
28 report to the General Assembly, the department shall have the
29 power and duty to promulgate regulations to require the
30 payment of an annual registration fee for each semitrailer
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1 used in a towing vehicle and semitrailer combination subject
2 to this section. The amount of the annual registration fee
3 shall be sufficient to cover the actual costs of the
4 department in implementing and enforcing this section.
5 Section 6. Enforcement.
6 (a) Orders.--
7 (1) The department may issue orders to persons and
8 municipalities as it deems necessary to aid in the
9 enforcement of this act. These orders may include, but shall
10 not be limited to, orders to enforce the terms of a host
11 municipality agreement, orders modifying, suspending or
12 revoking written authorizations and orders requiring persons
13 and municipalities to cease unlawful activities or operations
14 of a commercial solid waste landfill or resource recovery
15 facility or transportation vehicle which in the course of its
16 operation is in violation of any provision of this act, any
17 rule or regulation of the department or any terms and
18 conditions of a written authorization issued under this act,
19 a host municipality agreement or a permit. An order issued
20 under this act shall take effect upon notice unless the order
21 specifies otherwise.
22 (2) An appeal to the Environmental Hearing Board shall
23 not act as a supersedeas.
24 (3) The power of the department to issue an order under
25 this act is in addition to any other remedy which may be
26 afforded to the department pursuant to this act or any other
27 act.
28 (b) Duty to comply with orders of department.--It shall be
29 the duty of any person and municipality to proceed diligently to
30 comply with any order issued pursuant to this section. If the
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1 person or municipality fails to proceed diligently or fails to
2 comply with the order within the time, if any, as may be
3 specified, the person or municipality shall be guilty of
4 contempt and shall be punished by the court in an appropriate
5 manner and, for this purpose, application may be made by the
6 department to the court.
7 Section 7. Civil penalties.
8 (a) Authority.--
9 (1) In addition to proceeding under any other remedy
10 available at law or in equity for a violation of any
11 provision of this act, any provision of a host municipality
12 agreement, any rule or regulation of the department or order
13 of the department or any term or condition of any written
14 authorization issued by the department, the department may
15 assess a civil penalty upon a person for the violation. The
16 penalty may be assessed whether or not the violation was
17 willful or negligent.
18 (2) In determining the amount of the penalty, the
19 department shall consider the willfulness of the violation,
20 damage to air, water, land or other natural resources of this
21 Commonwealth or their uses, cost or restoration and
22 abatement, savings resulting to the person in consequence of
23 the violation and other relevant factors.
24 (3) The maximum civil penalty that may be assessed
25 pursuant to this section is $25,000 per offense. Each
26 violation for each separate day and each violation of any
27 provision of this act, any rule or regulation under this act,
28 any order of the department or any term or condition of a
29 permit or permits shall constitute a separate and distinct
30 offense under this section.
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1 (b) Procedure.--
2 (1) When the department proposes to assess a civil
3 penalty, it shall inform the person of the proposed amount of
4 the penalty. The person charged with the penalty shall then
5 have 30 calendar days to pay the proposed penalty in full or,
6 if the person wishes to contest the amount of the penalty or
7 the fact of the violation to the extent not already
8 established, the person shall forward the proposed amount of
9 the penalty to the Environmental Hearing Board within the 30-
10 calendar day period for placement in an escrow account with
11 the State Treasurer or any Commonwealth bank or post an
12 appeal bond to the hearing board within 30 calendar days in
13 the amount of the proposed penalty if the bond is executed by
14 a surety licensed to do business in this Commonwealth and is
15 satisfactory to the department.
16 (2) If through administrative or final judicial review
17 of the proposed penalty it is determined that no violation
18 occurred or that the amount of the penalty shall be reduced,
19 the hearing board shall within 30 calendar days remit the
20 appropriate amount to the person with any interest
21 accumulated by the escrow deposit.
22 (3) Failure to forward the money or the appeal bond at
23 the time of the appeal shall result in a waiver of all legal
24 rights to contest the violation or the amount of the civil
25 penalty unless the appellant alleges financial inability to
26 prepay the penalty or to post the appeal bond. The hearing
27 board shall conduct a hearing to consider the appellant's
28 alleged inability to pay within 30 calendar days of the date
29 of the appeal.
30 (4) The hearing board may waive the requirement to
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1 prepay the civil penalty or to post an appeal bond if the
2 appellant demonstrates and the hearing board finds that the
3 appellant is financially unable to pay. The hearing board
4 shall issue an order within 30 calendar days of the date of
5 the hearing to consider the appellant's alleged inability to
6 pay.
7 (5) The amount assessed after administrative hearing or
8 after waiver of administrative hearing shall be payable to
9 the Commonwealth and shall be collectible in any manner
10 provided by law for the collection of debts, including the
11 collection of interest at the legal rate, which shall run
12 from the date of assessment of the penalty.
13 (6) If any person liable to pay a penalty neglects or
14 refuses to pay the same after demand, the amount, together
15 with interest and any costs that may accrue, shall constitute
16 a debt of the person, as may be appropriate, to the Solid
17 Waste Abatement Fund. The debt shall constitute a lien on all
18 property owned by the person when a notice of lien
19 incorporating a description of the property of the person
20 subject to the action is filed with the prothonotary of the
21 court of common pleas where the property is located.
22 (7) The prothonotary shall promptly enter upon the civil
23 judgment or order docket, at no cost to the department, the
24 name and address of the person, as may be appropriate, and
25 the amount of the lien as set forth in the notice of lien.
26 Upon entry by the prothonotary, the lien shall attach to the
27 revenues and all real and personal property of the person,
28 whether or not the person is solvent.
29 (8) The notice of lien, filed pursuant to this
30 subsection, which affects the property of the person shall
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1 create a lien with priority over all subsequent claims or
2 liens which are filed against the person, but it shall not
3 affect any valid lien, right or interest in the property
4 filed in accordance with established procedure prior to the
5 filing of a notice of lien under this subsection.
6 Section 8. Regulations.
7 The Environmental Quality Board shall have the power and its
8 duty shall be to adopt the regulations of the department to
9 accomplish the purposes and to carry out the provisions of this
10 act.
11 Section 9. Severability.
12 The provisions of this act are severable. If any provision of
13 this act or its application to any person or circumstance is
14 held invalid, the invalidity shall not affect other provisions
15 or applications of this act which can be given effect without
16 the invalid provision or application.
17 Section 10. Repeals.
18 All acts and parts of acts are repealed insofar as they are
19 inconsistent with this act.
20 Section 11. Effective date.
21 This act shall take effect as follows:
22 (1) Section 5 shall take effect upon the adoption of
23 final regulations by the department pursuant to section 5(f).
24 (2) The remainder of this act shall take effect
25 immediately.
26 SECTION 1. SHORT TITLE. <--
27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE WASTE
28 TRANSPORTATION SAFETY ACT.
29 SECTION 2. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "COMBINATION." TWO OR MORE VEHICLES PHYSICALLY
4 INTERCONNECTED IN TANDEM.
5 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
6 THE COMMONWEALTH AND ITS AUTHORIZED REPRESENTATIVES.
7 "GROSS VEHICLE WEIGHT." THE COMBINED WEIGHT OF A VEHICLE OR
8 COMBINATION OF VEHICLES AND ITS LOAD, EXCLUDING THE DRIVER'S
9 WEIGHT.
10 "LAW ENFORCEMENT OFFICER." A PENNSYLVANIA STATE POLICE
11 OFFICER OR A POLICE OFFICER CERTIFIED PURSUANT TO 35 PA.C.S. CH.
12 21 SUBCH. D (RELATING TO MUNICIPAL POLICE EDUCATION AND
13 TRAINING).
14 "MOTOR CARRIER VEHICLE." AS DEFINED IN 75 PA.C.S. § 102
15 (RELATING TO DEFINITIONS). FOR PURPOSES OF THIS ACT, THE TERMS
16 "TRUCK", "TRUCK TRACTOR" AND "COMBINATION" REFER TO VEHICLES
17 USED TO TRANSPORT MUNICIPAL OR RESIDUAL WASTE.
18 "MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
19 ACT." THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE
20 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT.
21 "OWNER." A PERSON OTHER THAN A LIENHOLDER, HAVING THE
22 PROPERTY RIGHT IN OR TITLE TO A VEHICLE.
23 "QUALIFIED COMMONWEALTH EMPLOYEE." ANY OF THE FOLLOWING WHO
24 HAVE COMPLETED TRAINING IN THE INSPECTION OR WEIGHING OF
25 VEHICLES AS REQUIRED BY 75 PA.C.S. CHS. 47 (RELATING TO
26 INSPECTION OF VEHICLES) AND 49 (RELATING TO SIZE, WEIGHT AND
27 LOAD):
28 (1) A DEPARTMENT OF ENVIRONMENTAL PROTECTION EMPLOYEE.
29 (2) A LAW ENFORCEMENT OFFICER.
30 (3) A QUALIFIED DEPARTMENT OF TRANSPORTATION EMPLOYEE.
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1 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL PROTECTION OF
2 THE COMMONWEALTH.
3 "SOLID WASTE MANAGEMENT ACT." THE ACT OF JULY 7, 1980
4 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT.
5 "TRANSPORTATION." THE OFFSITE REMOVAL OF MUNICIPAL AND
6 RESIDUAL WASTE ANY TIME AFTER GENERATION.
7 "TRANSPORTER." THE OWNER OR OPERATOR OF A PUBLIC OR PRIVATE
8 WASTE TRANSPORTATION VEHICLE USED FOR COMMERCIAL PURPOSES TO
9 TRANSPORT MUNICIPAL OR RESIDUAL WASTE TO A MUNICIPAL OR RESIDUAL
10 WASTE PROCESSING OR DISPOSAL FACILITY IN THIS COMMONWEALTH. AN
11 INDIVIDUAL DRIVING A WASTE TRANSPORTATION VEHICLE WHO IS NOT THE
12 OWNER OR OPERATOR IS NOT A "TRANSPORTER" FOR PURPOSES OF THIS
13 ACT.
14 "WASTE TRAILER." A VEHICLE IN EXCESS OF 10,001 POUNDS USED
15 TO CARRY WASTE AND DESIGNED TO BE TOWED BY A MOTOR VEHICLE.
16 "WASTE TRANSPORTATION VEHICLE." PUBLIC AND PRIVATE MOTOR
17 CARRIER VEHICLES AND WASTE TRAILERS, AS DEFINED IN THIS ACT,
18 ROUTINELY USED IN TRANSPORTING MUNICIPAL OR RESIDUAL WASTE TO A
19 PROCESSING OR DISPOSAL FACILITY IN THIS COMMONWEALTH, AS
20 DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. THE
21 TERM DOES NOT INCLUDE VEHICLES CURRENTLY REGISTERED BY THE
22 DEPARTMENT PURSUANT TO 25 PA.CODE § 285.225 (RELATING TO
23 TRANSPORTATION OF RESIDENTIAL SEPTAGE).
24 SECTION 3. ESTABLISHMENT OF PROGRAM.
25 (A) ESTABLISHMENT.--A WASTE TRANSPORTATION SAFETY PROGRAM IS
26 ESTABLISHED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND
27 THE ENVIRONMENT.
28 (B) DUTIES.--THE WASTE TRANSPORTATION SAFETY PROGRAM SHALL:
29 (1) ENSURE THE RESPONSIBLE AND SAFE TRANSPORTATION OF
30 MUNICIPAL OR RESIDUAL WASTE TO PROCESSING AND DISPOSAL
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1 FACILITIES BY REQUIRING WRITTEN AUTHORIZATION FROM THE
2 DEPARTMENT.
3 (2) PROHIBIT A WASTE PROCESSING OR DISPOSAL FACILITY
4 FROM ACCEPTING MUNICIPAL OR RESIDUAL WASTE FROM A WASTE
5 TRANSPORTATION VEHICLE ENGAGED IN COMMERCE WITHOUT A VALID
6 AUTHORIZATION.
7 (3) PROVIDE THE DEPARTMENT WITH THE AUTHORITY TO DENY OR
8 REVOKE WRITTEN AUTHORIZATION WHERE THE AGENCY FINDS
9 VIOLATIONS OF APPLICABLE LAWS AND REGULATIONS.
10 (4) ESTABLISH A TRANSPORTATION AUTHORIZATION FEE FOR THE
11 ADMINISTRATION OF THIS ACT.
12 SECTION 4. WASTE TRANSPORTATION SAFETY PROGRAM.
13 (A) INTERIM WRITTEN APPLICATION.--A TRANSPORTER SHALL SUBMIT
14 AN APPLICATION FOR INTERIM WRITTEN AUTHORIZATION ON A FORM
15 PRESCRIBED BY THE DEPARTMENT ACCOMPANIED BY A FEE OF $100 PER
16 TRUCK, $50 PER TRUCK TRACTOR AND $50 PER WASTE TRAILER. EACH
17 APPLICATION SHALL BE ACCOMPANIED BY A COPY OF THE OFFICIAL BASE
18 STATE REGISTRATION PROVIDED FOR IN 75 PA.C.S. § 6144 (RELATING
19 TO VEHICLE REGISTRATION AND LICENSING), EVIDENCE OF THE CURRENT
20 OFFICIAL CERTIFICATE OF INSPECTION AND A CURRENT CERTIFICATE OF
21 INSURANCE.
22 (B) WRITTEN AUTHORIZATION REQUIRED.--IT SHALL BE UNLAWFUL
23 FOR A TRANSPORTER TO OPERATE A WASTE TRANSPORTATION VEHICLE
24 WITHOUT OBTAINING WRITTEN AUTHORIZATION FROM THE DEPARTMENT
25 UNDER THIS SECTION. NOTHING IN THIS SECTION SHALL PRECLUDE THE
26 OPERATION OF A MUNICIPAL WASTE TRANSPORTATION AUTHORIZATION OR
27 LICENSE PROGRAM BY MUNICIPALITIES OR COUNTIES, INCLUDING
28 AMENDMENTS TO THE WASTE TRANSPORTATION SAFETY PROGRAM.
29 (C) INTERIM WRITTEN AUTHORIZATION.--UPON RECEIPT OF THE FEE
30 AND COMPLETE DOCUMENTATION SUBSTANTIATING CONFORMANCE WITH
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1 SUBSECTION (A), THE DEPARTMENT SHALL ISSUE AND PROVIDE THE
2 TRANSPORTER WITH AN INTERIM WRITTEN AUTHORIZATION AND STICKERS
3 FOR EACH TRUCK, TRUCK TRACTOR AND WASTE TRAILER. THE STICKERS
4 SHALL INDICATE THE TRANSPORTER'S INTERIM WRITTEN AUTHORIZATION
5 NUMBER AND INTERIM WRITTEN AUTHORIZATION EXPIRATION DATE. A
6 STICKER SHALL BE DISPLAYED PROMINENTLY ON THE LEFT FRONT SIDE OF
7 THE TRUCK OR TRUCK TRACTOR, AND A STICKER SHALL BE DISPLAYED
8 PROMINENTLY ON THE BACK OF THE TRUCK OR WASTE TRAILER. EACH
9 WASTE TRANSPORTATION VEHICLE SHALL CARRY A COPY OF THE INTERIM
10 WRITTEN AUTHORIZATION ISSUED TO THE TRANSPORTER BY THE
11 DEPARTMENT AND, UPON REQUEST, PRESENT THE INTERIM WRITTEN
12 AUTHORIZATION TO THE DEPARTMENT, A LAW ENFORCEMENT OFFICER OR A
13 QUALIFIED COMMONWEALTH EMPLOYEE.
14 (D) TERM OF INTERIM WRITTEN AUTHORIZATION.--THE INTERIM
15 WRITTEN AUTHORIZATION SHALL BE VALID UNTIL THE APPLICANT
16 RECEIVES FULL AUTHORIZATION OR FOR ONE YEAR AFTER ISSUANCE,
17 WHICHEVER IS LESS, UNLESS SUSPENDED OR REVOKED BY THE
18 DEPARTMENT.
19 (E) COMPLIANCE HISTORY.--UPON NOTIFICATION FROM THE
20 DEPARTMENT, THE APPLICANT SHALL SUBMIT ON A FORM PROVIDED BY THE
21 DEPARTMENT DOCUMENTATION OF COMPLIANCE HISTORY THAT CONFORMS
22 WITH SECTION 5.
23 (F) FULL WRITTEN AUTHORIZATION.--UPON EVALUATION OF THE
24 APPLICANT'S COMPLIANCE HISTORY UNDER SECTION 6, THE DEPARTMENT
25 SHALL MAKE A FINAL DETERMINATION ON THE ISSUANCE OF A FULL
26 WRITTEN AUTHORIZATION.
27 (G) TERM OF FULL WRITTEN AUTHORIZATION.--THE FULL WRITTEN
28 AUTHORIZATION SHALL BE VALID FOR ONE YEAR UNLESS SUSPENDED OR
29 REVOKED BY THE DEPARTMENT.
30 (H) FULL WRITTEN AUTHORIZATION APPLICATION RENEWAL.--NINETY
20010H1439B2858 - 18 -
1 DAYS PRIOR TO EXPIRATION OF FULL WRITTEN AUTHORIZATION, A
2 TRANSPORTER SHALL SUBMIT AN APPLICATION FOR FULL WRITTEN
3 AUTHORIZATION ON A FORM PRESCRIBED BY THE DEPARTMENT ACCOMPANIED
4 BY A FEE OF $100 PER TRUCK, $50 PER TRUCK TRACTOR AND $50 PER
5 WASTE TRAILER. EACH APPLICATION SHALL BE ACCOMPANIED BY A COPY
6 OF THE OFFICIAL BASE STATE REGISTRATION, THE CURRENT OFFICIAL
7 CERTIFICATE OF INSPECTION AND A CURRENT CERTIFICATE OF
8 INSURANCE, PURSUANT TO 75 PA.C.S. (RELATING TO VEHICLES), FOR
9 EACH TRUCK, TRUCK TRACTOR AND WASTE TRAILER. AFTER PUBLISHING A
10 NOTICE IN THE PENNSYLVANIA BULLETIN, NO LATER THAN JULY 1 AND
11 EFFECTIVE NO EARLIER THAN JANUARY 1 OF THE FOLLOWING YEAR, THE
12 DEPARTMENT SHALL EVALUATE AND MAY MODIFY THE WRITTEN
13 AUTHORIZATION RENEWAL FEE IN AN AMOUNT SUFFICIENT TO COVER THE
14 ACTUAL COSTS OF THE DEPARTMENT IN IMPLEMENTING AND ENFORCING
15 THIS ACT, INCLUDING THE COSTS OF THE PENNSYLVANIA STATE POLICE
16 AND THE DEPARTMENT OF TRANSPORTATION. THE RENEWAL FEE PAID TO
17 THE DEPARTMENT BY A TRANSPORTER SHALL NOT EXCEED $200.
18 (I) NONTRANSFERABILITY UNTIL REGULATIONS PUBLISHED.--WRITTEN
19 AUTHORIZATIONS SHALL NOT BE TRANSFERABLE UNTIL THE DEPARTMENT
20 PROMULGATES REGULATIONS OR UNTIL TWO YEARS AFTER THE EFFECTIVE
21 DATE OF THIS ACT, WHICHEVER OCCURS FIRST.
22 (J) POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD.--THE
23 ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND DUTY TO
24 ADOPT THE REGULATIONS OF THE DEPARTMENT TO ACCOMPLISH THE
25 PURPOSES AND TO CARRY OUT THE PROVISIONS OF THIS ACT.
26 (K) RESTRICTED ACCOUNT.--ALL FEES RECEIVED BY THE DEPARTMENT
27 PURSUANT TO THIS SECTION SHALL BE PAID INTO A SEPARATE
28 RESTRICTED ACCOUNT KNOWN AS THE WASTE TRANSPORTATION SAFETY
29 ACCOUNT, WHICH IS HEREBY ESTABLISHED. FUNDS IN THIS ACCOUNT
30 SHALL BE AVAILABLE TO THE DEPARTMENT, INCLUDING REIMBURSING THE
20010H1439B2858 - 19 -
1 PENNSYLVANIA STATE POLICE AND THE DEPARTMENT OF TRANSPORTATION
2 FOR THEIR COSTS IN ADMINISTERING THIS ACT.
3 SECTION 5. COMPLIANCE HISTORY REVIEW.
4 (A) TRANSPORTER NONCOMPLIANCE.--IN CARRYING OUT THIS
5 SECTION, THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE ANY
6 WRITTEN AUTHORIZATION IF IT FINDS OR RECEIVES FINDINGS FROM THE
7 PENNSYLVANIA STATE POLICE OR THE DEPARTMENT OF TRANSPORTATION
8 THAT:
9 (1) THE TRANSPORTER HAS FAILED OR CONTINUES TO FAIL TO
10 COMPLY WITH ANY PROVISION OF:
11 (I) THIS ACT;
12 (II) THE SOLID WASTE MANAGEMENT ACT;
13 (III) THE MUNICIPAL WASTE PLANNING, RECYCLING AND
14 WASTE REDUCTION ACT;
15 (IV) ANY OTHER FEDERAL OR STATE STATUTE RELATING TO
16 ENVIRONMENTAL PROTECTION, MOTOR VEHICLE SAFETY OR TO THE
17 PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE;
18 (V) ANY RULE OR REGULATION OF THE DEPARTMENT;
19 (VI) ANY ORDER OF THE DEPARTMENT; OR
20 (VII) ANY CONDITION OF ANY PERMIT, LICENSE OR OTHER
21 WRITTEN AUTHORIZATION ISSUED BY THE DEPARTMENT.
22 (2) THE TRANSPORTER HAS SHOWN A LACK OF ABILITY OR
23 INTENTION TO COMPLY WITH:
24 (I) ANY PROVISION OF THIS ACT;
25 (II) ANY OF THE ACTS REFERRED TO IN THIS SUBSECTION;
26 (III) ANY RULE OR REGULATION OF THE DEPARTMENT OR
27 ORDER OF THE DEPARTMENT; OR
28 (IV) ANY CONDITION OF ANY PERMIT OR LICENSE ISSUED
29 BY THE DEPARTMENT AS INDICATED BY PAST OR CONTINUING
30 VIOLATIONS.
20010H1439B2858 - 20 -
1 (B) CORRECTION OF NONCOMPLIANCE.--
2 (1) THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE
3 THE ISSUANCE OF A WRITTEN AUTHORIZATION IF THE DEPARTMENT
4 FINDS THAT ANY TRANSPORTER HAS ENGAGED IN UNLAWFUL CONDUCT AS
5 DEFINED IN THIS ACT, THE SOLID WASTE MANAGEMENT ACT OR THE
6 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT
7 OR WHOSE PARTNER, ASSOCIATE, OFFICER, PARENT CORPORATION,
8 SUBSIDIARY CORPORATION, CONTRACTOR, SUBCONTRACTOR OR AGENT
9 HAS ENGAGED IN SUCH UNLAWFUL CONDUCT.
10 (2) INDEPENDENT CONTRACTORS AND AGENTS WHO OPERATE UNDER
11 A WRITTEN AUTHORIZATION SHALL BE SUBJECT TO THE PROVISIONS OF
12 THIS SECTION AND SHALL BE JOINTLY AND SEVERALLY LIABLE,
13 WITHOUT REGARD TO FAULT, FOR VIOLATIONS OF THIS ACT WHICH
14 OCCUR DURING THE INDEPENDENT CONTRACTOR'S OR AGENT'S
15 INVOLVEMENT IN THE COURSE OF OPERATIONS.
16 (C) RELATED CORPORATIONS.--IN THE CASE OF A CORPORATE
17 TRANSPORTER THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE A
18 WRITTEN AUTHORIZATION IF THE DEPARTMENT FINDS THAT A CORPORATION
19 IS RELATED TO ANOTHER PAST OR PRESENT CORPORATION WHICH
20 COMMITTED VIOLATIONS OF THE ACTS REFERRED TO IN THIS SECTION. A
21 CORPORATION IS RELATED TO ANOTHER CORPORATION IF THEY HAVE
22 COMMON PRINCIPALS OR HAVE PARENT OR SUBSIDIARY CORPORATION
23 RELATIONSHIPS.
24 SECTION 6. RESPONSIBILITIES OF MUNICIPAL OR RESIDUAL WASTE
25 PROCESSING OR DISPOSAL FACILITIES.
26 (A) GENERAL RULE.--NO MUNICIPAL OR RESIDUAL WASTE PROCESSING
27 OR DISPOSAL FACILITY SHALL ACCEPT MUNICIPAL OR RESIDUAL WASTE
28 FROM A WASTE TRANSPORTATION VEHICLE WITHOUT A VALID WRITTEN
29 AUTHORIZATION ISSUED BY THE DEPARTMENT. FAILURE TO COMPLY WITH
30 THIS PROVISION SHALL RESULT IN A PENALTY ASSESSMENT OF $2,000
20010H1439B2858 - 21 -
1 AGAINST THE OPERATOR OF THE PROCESSING OR DISPOSAL FACILITY.
2 (B) DISPOSITION.--ALL PENALTY ASSESSMENTS COLLECTED UNDER
3 THIS SECTION SHALL BE PAID INTO THE WASTE TRANSPORTATION SAFETY
4 ACCOUNT AND SHALL BE USED FOR THE PURPOSES ENUMERATED IN THIS
5 ACT.
6 SECTION 7. ENFORCEMENT.
7 (A) AUTHORITY OF LAW ENFORCEMENT OFFICERS AND QUALIFIED
8 COMMONWEALTH EMPLOYEES.--A LAW ENFORCEMENT OFFICER OR QUALIFIED
9 COMMONWEALTH EMPLOYEE SHALL BE AUTHORIZED TO ASSIST THE
10 DEPARTMENT IN ENFORCING PROVISIONS OF THIS ACT. THE AUTHORITY
11 GRANTED UNDER THIS SECTION SHALL BE EXERCISED ONLY WHEN THE
12 EMPLOYEE IS IN UNIFORM AND IS CONDUCTING AN INSPECTION OF A
13 VEHICLE, AS DESCRIBED IN 75 PA.C.S. CHS. 47 (RELATING TO
14 INSPECTION OF VEHICLES) AND 49 (RELATING TO SIZE, WEIGHT AND
15 LOAD).
16 (B) TRAINING OF LAW ENFORCEMENT OFFICERS AND QUALIFIED
17 COMMONWEALTH EMPLOYEES.--THE DEPARTMENT OF TRANSPORTATION MAY
18 TRAIN AND QUALIFY LAW ENFORCEMENT OFFICERS AND QUALIFIED
19 COMMONWEALTH EMPLOYEES TO INSPECT WASTE TRANSPORTATION VEHICLES
20 AS AUTHORIZED UNDER THIS SECTION AND AS PROVIDED FOR IN 75
21 PA.C.S. CHS. 47 AND 49. THE DEPARTMENT OF TRANSPORTATION SHALL
22 HAVE THE POWER TO ADOPT REGULATIONS TO IMPLEMENT THIS
23 SUBSECTION, AS NECESSARY.
24 (C) DISPOSITION.--ALL FINES AND PENALTIES COLLECTED AS A
25 RESULT OF VIOLATIONS OF THIS ACT SHALL BE PAID INTO THE WASTE
26 TRANSPORTATION SAFETY ACCOUNT AND SHALL BE USED FOR THE PURPOSES
27 ENUMERATED IN THIS ACT. THE FEES MAY ALSO BE USED TO SUPPORT
28 ADDITIONAL EFFORTS TO INSPECT WASTE TRANSPORTATION VEHICLES USED
29 TO TRANSPORT MUNICIPAL AND RESIDUAL WASTE.
30 SECTION 8. PENALTIES.
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1 (A) CRIMINAL PENALTIES.--A PERSON WHO VIOLATES THE
2 PROVISIONS OF THIS ACT COMMITS A MISDEMEANOR OF THE THIRD DEGREE
3 AND, UPON CONVICTION FOR THE FIRST OFFENSE, SHALL PAY A PENALTY
4 OF NOT LESS THAN $5,000 NOR MORE THAN $10,000. UPON THE SECOND
5 OR SUBSEQUENT CONVICTION OF AN OFFENSE UNDER THIS ACT, A PERSON
6 COMMITS A MISDEMEANOR OF THE SECOND DEGREE AND SHALL PAY A
7 PENALTY OF NOT LESS THAN $10,000 NOR MORE THAN $25,000, AND THE
8 COURT MAY ORDER THE OPERATING PRIVILEGE OF THE VEHICLE OPERATOR
9 TO BE SUSPENDED FOR A PERIOD OF UP TO ONE YEAR, OR BOTH.
10 (B) CIVIL PENALTIES.--
11 (1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY
12 AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF ANY
13 PROVISION OF THIS ACT, THE REGULATIONS PROMULGATED HEREUNDER,
14 ANY ORDER OF THE DEPARTMENT ISSUED UNDER THIS ACT OR ANY TERM
15 OR CONDITION OF A WRITTEN AUTHORIZATION, THE DEPARTMENT MAY
16 ASSESS A CIVIL PENALTY UPON A PERSON. SUCH PENALTY MAY BE
17 ASSESSED WHETHER OR NOT THE VIOLATION WAS WILLFUL OR
18 NEGLIGENT. IN DETERMINING THE AMOUNT OF THE PENALTY, THE
19 DEPARTMENT SHALL CONSIDER THE WILLFULNESS OF THE VIOLATION,
20 THE EFFECT ON WASTE TRANSPORTATION SAFETY, DAMAGE TO THE
21 NATURAL RESOURCES OF THIS COMMONWEALTH OR THEIR USES, COST OF
22 RESTORATION AND ABATEMENT, SAVINGS RESULTING TO THE VIOLATOR
23 IN CONSEQUENCE OF SUCH VIOLATION, DETERRENCE OF FUTURE
24 VIOLATIONS AND OTHER RELEVANT FACTORS. IF THE VIOLATION LEADS
25 TO THE ISSUANCE OF A CESSATION ORDER, A CIVIL PENALTY SHALL
26 BE ASSESSED.
27 (2) WHEN THE DEPARTMENT ASSESSES A CIVIL PENALTY, IT
28 SHALL INFORM THE PERSON OF THE AMOUNT OF THE PENALTY. THE
29 PERSON SHALL THEN HAVE 30 DAYS TO PAY THE PENALTY IN FULL OR,
30 IF THE PERSON WISHES TO CONTEST EITHER THE AMOUNT OF THE
20010H1439B2858 - 23 -
1 PENALTY OR THE FACT OF THE VIOLATION, THE PERSON SHALL
2 FORWARD THE PROPOSED AMOUNT OF THE PENALTY TO THE DEPARTMENT
3 FOR PLACEMENT IN AN ESCROW ACCOUNT WITH THE STATE TREASURER
4 OR WITH A BANK IN THIS COMMONWEALTH, OR POST AN APPEAL BOND
5 IN THE AMOUNT OF THE PENALTY. THE BOND MUST BE EXECUTED BY A
6 SURETY LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND MUST
7 BE SATISFACTORY TO THE DEPARTMENT. IF, THROUGH ADMINISTRATIVE
8 OR JUDICIAL REVIEW OF THE PROPOSED PENALTY, IT IS DETERMINED
9 THAT NO VIOLATION OCCURRED OR THAT THE AMOUNT OF THE PENALTY
10 SHALL BE REDUCED, THE DEPARTMENT SHALL, WITHIN 30 DAYS, REMIT
11 THE APPROPRIATE AMOUNT TO THE PERSON, WITH AN INTEREST
12 ACCUMULATED BY THE ESCROW DEPOSIT. FAILURE TO FORWARD THE
13 MONEY OR THE APPEAL BOND TO THE DEPARTMENT WITHIN 30 DAYS
14 SHALL RESULT IN A WAIVER OF ALL LEGAL RIGHTS TO CONTEST THE
15 VIOLATION OR THE AMOUNT OF THE PENALTY.
16 (3) THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED
17 PURSUANT TO THIS ACT IS $10,000 PER VIOLATION. EACH VIOLATION
18 FOR EACH SEPARATE DAY AND EACH VIOLATION OF ANY PROVISION OF
19 THIS ACT, ANY REGULATION PROMULGATED HEREUNDER, ANY ORDER
20 ISSUED UNDER THIS ACT OR THE TERMS OR CONDITIONS OF ANY
21 WRITTEN AUTHORIZATION SHALL CONSTITUTE A SEPARATE OFFENSE
22 UNDER THIS ACT.
23 (4) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
24 CONTRARY, THERE SHALL BE A STATUTE OF LIMITATIONS OF FIVE
25 YEARS UPON ACTIONS BROUGHT BY THE COMMONWEALTH UNDER THIS
26 ACT.
27 (C) ENFORCEMENT ORDERS.--
28 (1) THE DEPARTMENT MAY ISSUE ORDERS TO SUCH PERSONS,
29 COUNTIES AND MUNICIPALITIES AS IT DEEMS NECESSARY TO AID IN
30 THE ENFORCEMENT OF THIS ACT. SUCH ORDERS MAY INCLUDE, BUT
20010H1439B2858 - 24 -
1 SHALL NOT BE LIMITED TO, ORDERS MODIFYING, SUSPENDING OR
2 REVOKING WRITTEN AUTHORIZATIONS AND ORDERS REQUIRING PERSONS,
3 COUNTIES AND MUNICIPALITIES TO CEASE UNLAWFUL ACTIVITIES OR
4 OPERATIONS OF A WASTE TRANSPORTATION VEHICLE WHICH IN THE
5 COURSE OF OPERATION IS IN VIOLATION OF THIS ACT, ANY RULE OR
6 REGULATION OF THE DEPARTMENT OR ANY TERMS AND CONDITIONS OF A
7 WRITTEN AUTHORIZATION ISSUED UNDER THIS ACT. AN ORDER ISSUED
8 UNDER THIS ACT SHALL TAKE EFFECT UPON NOTICE UNLESS THE ORDER
9 SPECIFIES OTHERWISE. AN APPEAL TO THE ENVIRONMENTAL HEARING
10 BOARD SHALL NOT ACT AS A SUPERSEDEAS. THE POWER OF THE
11 DEPARTMENT TO ISSUE AN ORDER UNDER THIS ACT IS IN ADDITION TO
12 ANY OTHER REMEDY WHICH MAY BE AFFORDED TO THE DEPARTMENT
13 PURSUANT TO THIS ACT OR ANY OTHER ACT.
14 (2) IT SHALL BE THE DUTY OF ANY PERSON TO PROCEED
15 DILIGENTLY TO COMPLY WITH ANY ORDER ISSUED PURSUANT TO THIS
16 SECTION. IF SUCH PERSON FAILS TO PROCEED DILIGENTLY OR FAILS
17 TO COMPLY WITH THE ORDER WITHIN SUCH TIME, IF ANY, AS MAY BE
18 SPECIFIED, SUCH PERSON COMMITS CONTEMPT AND SHALL BE PUNISHED
19 BY THE COURT IN AN APPROPRIATE MANNER, AND, FOR THIS PURPOSE,
20 APPLICATION MAY BE MADE TO THE COMMONWEALTH COURT, WHICH IS
21 HEREBY GRANTED JURISDICTION.
22 (D) INJUNCTIONS.--
23 (1) IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS
24 ACT, THE DEPARTMENT MAY INSTITUTE A SUIT IN EQUITY IN THE
25 NAME OF THE COMMONWEALTH WHERE UNLAWFUL CONDUCT EXISTS FOR AN
26 INJUNCTION TO RESTRAIN A VIOLATION OF THIS ACT, THE
27 REGULATIONS PROMULGATED UNDER THIS ACT, ANY ORDER ISSUED
28 PURSUANT HERETO OR THE TERMS OR CONDITIONS OF ANY WRITTEN
29 AUTHORIZATION. IN ANY SUCH PROCEEDING, THE COURT SHALL, UPON
30 THE MOTION OF THE COMMONWEALTH, ISSUE A PROHIBITORY OR
20010H1439B2858 - 25 -
1 MANDATORY PRELIMINARY INJUNCTION IF IT FINDS THAT THE
2 DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT AS DEFINED BY THIS
3 ACT OR IS ENGAGED IN CONDUCT WHICH IS CAUSING IMMEDIATE OR
4 IRREPARABLE HARM TO THE PUBLIC. THE COMMONWEALTH SHALL NOT BE
5 REQUIRED TO FURNISH BOND OR OTHER SECURITY IN CONNECTION WITH
6 SUCH PROCEEDINGS. IN ADDITION TO AN INJUNCTION, THE COURT IN
7 SUCH EQUITY PROCEEDINGS MAY LEVY CIVIL PENALTIES AS SPECIFIED
8 IN THIS ACT.
9 (2) IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR IN
10 THIS ACT, AN ACTION IN EQUITY MAY BE BROUGHT IN A COURT OF
11 COMPETENT JURISDICTION FOR AN INJUNCTION TO RESTRAIN ANY AND
12 ALL VIOLATIONS OF THIS ACT OR THE REGULATIONS PROMULGATED
13 UNDER THIS ACT.
14 (3) ACTIONS INSTITUTED UNDER THIS SECTION MAY BE FILED
15 IN THE APPROPRIATE COURT OF COMMON PLEAS OR IN THE
16 COMMONWEALTH COURT, WHICH COURTS ARE HEREBY GRANTED
17 JURISDICTION TO HEAR SUCH ACTIONS.
18 (E) CONCURRENT REMEDIES.--THE PENALTIES AND REMEDIES
19 PROVIDED IN THIS ACT SHALL BE DEEMED CONCURRENT AND CUMULATIVE
20 WITH ALL OTHER EXISTING PROVISIONS OF LAW OR EQUITY. THE
21 EXISTENCE OR EXERCISE OF ANY REMEDY SHALL NOT PREVENT THE
22 DEPARTMENT FROM EXERCISING ANY OTHER REMEDY UNDER THIS ACT, AT
23 ANY LAW OR IN EQUITY.
24 (F) FORFEITURE OF WASTE TRANSPORTATION VEHICLE.--
25 (1) A WASTE TRANSPORTATION VEHICLE USED IN THE
26 COMMISSION OF AN OFFENSE UNDER SECTION 5 SHALL BE DEEMED
27 CONTRABAND AND FORFEITED TO THE DEPARTMENT. THE PROVISIONS OF
28 LAW RELATING TO SEIZURE, SUMMARY AND JUDICIAL FORFEITURE AND
29 CONDEMNATION OF INTOXICATING LIQUOR SHALL APPLY TO SEIZURES
30 AND FORFEITURES UNDER THIS ACT. PROCEEDS FROM THE SALE OF
20010H1439B2858 - 26 -
1 FORFEITED WASTE TRANSPORTATION VEHICLES SHALL BE DEPOSITED IN
2 THE WASTE TRANSPORTATION SAFETY ACCOUNT.
3 (2) THE OWNER OF ANY VEHICLE OR CONVEYANCE FORFEITED
4 UNDER THIS ACT SHALL BE RESPONSIBLE FOR ANY COSTS INCURRED IN
5 PROPERLY DISPOSING OF WASTE IN THE VEHICLE OR CONVEYANCE.
6 (G) DEPOSIT OF FINES AND PENALTIES.--ALL FINES AND PENALTIES
7 COLLECTED UNDER THIS SECTION SHALL BE PAID INTO THE WASTE
8 TRANSPORTATION SAFETY ACCOUNT AND SHALL BE USED FOR THE PURPOSES
9 ENUMERATED IN THIS ACT. THE FEES MAY ALSO BE USED TO SUPPORT
10 ADDITIONAL EFFORTS TO INSPECT WASTE TRANSPORTATION VEHICLES USED
11 TO TRANSPORT MUNICIPAL AND RESIDUAL WASTE.
12 SECTION 9. EFFECTIVE DATE.
13 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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