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| PRIOR PRINTER'S NO. 2280 | PRINTER'S NO. 2667 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WANSACZ, GOODMAN, EACHUS, CONKLIN, WILLIAMS, MUNDY, SIPTROTH, CARROLL AND PASHINSKI, JUNE 24, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 16, 2009 |
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| AN ACT |
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1 | Amending the act of July 28, 1988 (P.L.556, No.101), entitled |
2 | "An act providing for planning for the processing and |
3 | disposal of municipal waste; requiring counties to submit |
4 | plans for municipal waste management systems within their |
5 | boundaries; authorizing grants to counties and municipalities |
6 | for planning, resource recovery and recycling; imposing and |
7 | collecting fees; establishing certain rights for host |
8 | municipalities; requiring municipalities to implement |
9 | recycling programs; requiring Commonwealth agencies to |
10 | procure recycled materials; imposing duties; granting powers |
11 | to counties and municipalities; authorizing the Environmental |
12 | Quality Board to adopt regulations; authorizing the |
13 | Department of Environmental Resources to implement this act; |
14 | providing remedies; prescribing penalties; establishing a |
15 | fund; and making repeals," further defining "host | <-- |
16 | municipality"; and further providing for site limitations |
17 | providing for definitions; and further providing for powers | <-- |
18 | and duties of municipalities other than counties, for site |
19 | limitation, for records, for information provided to host |
20 | municipalities, for joint inspections with host |
21 | municipalities, for claims resulting from pollution |
22 | occurrences, for independent evaluation of permit |
23 | applications, for host municipality benefit fee and for |
24 | records. |
25 | The General Assembly of the Commonwealth of Pennsylvania |
26 | hereby enacts as follows: |
27 | Section 1. The definition of "host municipality" in section | <-- |
28 | 103 of the act of July 28, 1988 (P.L.556, No.101), known as the |
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1 | Municipal Waste Planning, Recycling and Waste Reduction Act, is |
2 | amended to read: |
3 | Section 1. Section 103 of the act of July 28, 1988 (P.L.556, | <-- |
4 | No.101), known as the Municipal Waste Planning, Recycling and |
5 | Waste Reduction Act, is amended by adding a definition to read: |
6 | Section 103. Definitions. |
7 | The following words and phrases when used in this act shall |
8 | have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | * * * |
11 | "Host municipality." [The municipality other than the county | <-- |
12 | within which a municipal waste landfill or resource recovery |
13 | facility is located or is proposed to be located.] A |
14 | municipality other than a county that meets one of the following |
15 | criteria: |
16 | (1) a municipality in which a commercial solid waste |
17 | landfill or resource recovery facility or any portion of a |
18 | permit area is located or proposed to be located; or |
19 | (2) a municipality located within one mile of the |
20 | footprint of a permit area of a proposed new facility or the |
21 | expansion of operations of a commercial solid waste landfill |
22 | or resource recovery facility. |
23 | "Adjacent municipality." A municipality other than a county | <-- |
24 | that: |
25 | (1) is located within one mile of the footprint of a |
26 | permit area of a proposed new municipal waste landfill or |
27 | resource recovery facility, or of a proposed expansion of a |
28 | municipal waste landfill or resource recovery facility; and |
29 | (2) has notified the department in writing of its |
30 | intention to be considered an adjacent municipality under |
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1 | this act. |
2 | * * * |
3 | Section 2. Section 511(a) of the act is Sections 304(b), | <-- |
4 | 511(a), 704 and 1101 of the act are amended to read: |
5 | Section 304. Powers and duties of municipalities other than | <-- |
6 | counties. |
7 | * * * |
8 | (b) Ordinances.-- |
9 | (1) In carrying out its duties under this section, a |
10 | municipality other than a county may adopt resolutions, |
11 | ordinances, regulations and standards for the recycling, |
12 | transportation, storage and collection of municipal wastes or |
13 | source-separated recyclable materials, which shall not be |
14 | less stringent than, and not in violation of or inconsistent |
15 | with, the provisions and purposes of the Solid Waste |
16 | Management Act, this act and the regulations promulgated |
17 | pursuant thereto. |
18 | (2) The host municipality shall have the authority to |
19 | adopt reasonable ordinances concerning the hours and days |
20 | during which vehicles may deliver waste to the facility and |
21 | the routing of traffic on public roads to the facility. An |
22 | adjacent municipality shall have the authority to adopt |
23 | reasonable ordinances concerning the hours and days during |
24 | which vehicles delivering waste to the facility may travel on |
25 | public roads within the adjacent municipality and concerning |
26 | the routing of traffic within the adjacent municipality. Such |
27 | ordinances may be in addition to, but not less stringent |
28 | than, not inconsistent with and not in violation of, any |
29 | provision of the Solid Waste Management Act, any regulation |
30 | promulgated pursuant to that act, any order issued under that |
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1 | act, or any permit issued pursuant to that act. Such |
2 | ordinances found to be inconsistent and not in substantial |
3 | conformity with this paragraph shall be superseded. Appeals |
4 | under this paragraph may be brought before a court of |
5 | competent jurisdiction. |
6 | * * * |
7 | Section 511. Site limitation. |
8 | (a) General rule.--The department shall not issue a permit |
9 | for, nor allow the operation of, a new municipal waste landfill, |
10 | a new commercial residual waste treatment facility or a new |
11 | resource recovery facility within 300 yards of a building which |
12 | is owned by a school district or a parochial school and used for |
13 | instructional purposes, parks or playgrounds existing prior to |
14 | the date the department has received an administratively |
15 | complete application for a permit for such facilities. A new |
16 | municipal waste or, residual waste or construction and | <-- |
17 | demolition waste landfill may not be permitted to operate within |
18 | 2,500 feet of a municipal reservoir one mile of a reservoir that | <-- |
19 | serves as a water source for a community water system, as |
20 | defined in section 3 of the act of May 1, 1984 (P.L.206, No.43), |
21 | known as the Pennsylvania Safe Drinking Water Act. This |
22 | subsection shall not affect any modification, extension, |
23 | addition or renewal of existing permitted facilities. |
24 | * * * |
25 | Section 704. Records. | <-- |
26 | Each operator shall keep daily records of all deliveries of |
27 | solid waste to the facility as required by the department, |
28 | including, but not limited to, the name and address of the |
29 | hauler, the source of the waste, the kind of waste received and |
30 | the weight or volume of the waste. A copy of these records shall |
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1 | be maintained at the site by the operator for no less than five |
2 | years and shall be made available to the department [and], the |
3 | host municipality and any adjacent municipality for inspection, |
4 | upon request. |
5 | Section 1101. Information provided to host municipalities and |
6 | adjacent municipalities. |
7 | (a) Departmental information.--The department will provide |
8 | all of the following information to the governing body of host |
9 | municipalities and adjacent municipalities for municipal waste |
10 | landfills and resource recovery facilities: |
11 | (1) Copies of each department inspection report for such |
12 | facilities under the Solid Waste Management Act, the act of |
13 | June 22, 1937 (P.L.1987, No.394), known as The Clean Streams |
14 | Law, the act of January 8, 1960 (1959 P.L.2119, No.787), |
15 | known as the Air Pollution Control Act, and the act of |
16 | November 26, 1978 (P.L.1375, No.325), known as the Dam Safety |
17 | and Encroachments Act, within five working days after the |
18 | preparation of such reports. |
19 | (2) Prompt notification of all department enforcement or |
20 | emergency actions for such facilities, including, but not |
21 | limited to, abatement orders, cessation orders, proposed and |
22 | final civil penalty assessments, and notices of violation. |
23 | (3) Copies of all air and water quality monitoring data |
24 | collected by the department at such facilities, within five |
25 | working days after complete laboratory analysis of such data |
26 | becomes available to the department. |
27 | (b) Operator information.--Every operator of a municipal |
28 | waste landfill or resource recovery facility shall provide to |
29 | the host municipality and adjacent municipalities copies of all |
30 | air and water quality monitoring data, as required by the |
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1 | department for the facility, conducted by or on behalf of the |
2 | operator, within five days after such data becomes available to |
3 | the operator. |
4 | (c) Public information.--All information provided to the |
5 | host municipality and adjacent municipalities under this section |
6 | shall be made available to the public for review upon request. |
7 | (d) Information to county.--If the host municipality owns or |
8 | operates the municipal waste landfill or resource recovery |
9 | facility, or proposes to own or operate such landfill or |
10 | facility, the information required by this section shall be |
11 | provided to the county within which the landfill or facility is |
12 | located or proposed to be located and to adjacent municipalities |
13 | instead of the host municipality. |
14 | (e) Sign on vehicle.--A vehicle or conveyance used for the |
15 | transporting of solid waste shall bear the name and business |
16 | address of the person or municipality which owns the vehicle or |
17 | conveyance and the specific type of solid waste transported by |
18 | the vehicle or conveyance. All signs shall have lettering which |
19 | is at least six inches in height. |
20 | Section 3. Section 1102 of the act, repealed in part July |
21 | 11, 1996 (P.L.619, No.105), is amended to read: |
22 | Section 1102. Joint inspections with host municipalities and |
23 | adjacent municipalities. |
24 | (a) Training of inspectors.-- |
25 | (1) The department shall establish and conduct a |
26 | training program to certify host municipality and adjacent |
27 | municipality inspectors for municipal waste landfills and |
28 | resource recovery facilities. This program will be available |
29 | to no more than two persons who have been designated in |
30 | writing by the host municipality or adjacent municipality. |
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1 | The department shall [hold] offer training programs at least |
2 | twice a year. The department shall certify host municipality |
3 | and adjacent municipality inspectors upon completion of the |
4 | training program and satisfactory performance in an |
5 | examination administered by the department. |
6 | (2) Certified host municipal inspectors and adjacent |
7 | municipal inspectors are authorized to enter property, |
8 | inspect only those records required by the department, take |
9 | samples and conduct inspections in accordance with department |
10 | regulations as applicable to department inspectors. However, |
11 | certified host municipal inspectors and adjacent municipal |
12 | inspectors may not issue orders except as provided in this |
13 | subsection. A certified host municipal inspector or adjacent |
14 | municipal inspector may order the operator of a facility to |
15 | cease any operation or activity at the facility which |
16 | constitutes an immediate threat to public health and safety |
17 | and which represents a violation of the Solid Waste |
18 | Management Act, the regulations promulgated under that act, |
19 | any order issued under that act or the terms or conditions of |
20 | a permit issued under that act. The order shall expire within |
21 | two hours unless the inspector notifies the department and |
22 | the governing body of the host municipality and adjacent |
23 | municipality. The department may, after conducting an |
24 | inspection, supersede the inspector's order by issuing an |
25 | order of its own which vacates or modifies the terms of the |
26 | inspector's order. If the department does not supersede the |
27 | order, the order shall expire after 24 hours unless otherwise |
28 | extended, continued or modified by a court pursuant to |
29 | section 1703(b). |
30 | (4) The department may decertify host municipality or |
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1 | adjacent municipality inspectors pursuant to regulations |
2 | promulgated by the Environmental Quality Board. |
3 | (b) Departmental information.-- |
4 | (1) Whenever any host municipality or adjacent |
5 | municipality presents information to the department which |
6 | gives the department reason to believe that any municipal |
7 | waste landfill or resource recovery facility is in violation |
8 | of any requirement of the act of June 22, 1937 (P.L.1987, |
9 | No.394), known as The Clean Streams Law, the act of January |
10 | 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution |
11 | Control Act, the act of November 26, 1978 (P.L.1375, No.325), |
12 | known as the Dam Safety and Encroachments Act, the Solid |
13 | Waste Management Act, any regulation promulgated pursuant |
14 | thereto, any order issued pursuant thereto or the condition |
15 | of any permit issued pursuant thereto, the department will |
16 | promptly conduct an inspection of such facility. |
17 | (2) The department will notify the host municipality and |
18 | adjacent municipality of this inspection and will allow a |
19 | certified municipal inspector from the host municipality and |
20 | adjacent municipality to accompany the inspector during the |
21 | inspection. |
22 | (3) If there is not sufficient information to give the |
23 | department reasons to believe that there is a violation, the |
24 | department will provide a written explanation to the host |
25 | municipality and adjacent municipality of its decision not to |
26 | conduct an inspection within 30 days of the request for |
27 | inspection. |
28 | (4) Upon written request of a host municipality or |
29 | adjacent municipality to the department, the department will |
30 | allow a certified inspector of such municipality to accompany |
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1 | department inspectors on routine inspections of municipal |
2 | waste landfills and resource recovery facilities. |
3 | (c) County involvement.--If the host municipality owns or |
4 | operates the municipal waste landfill or resource recovery |
5 | facility, the training and inspection requirements of this |
6 | section shall be available to the county within which the |
7 | landfill or facility is located and to adjacent municipalities |
8 | instead of the host municipality. |
9 | Section 4. Sections 1107(c) and 1110 of the act are amended |
10 | to read: |
11 | Section 1107. Claims resulting from pollution occurrences. |
12 | * * * |
13 | (c) Liability limited.--A host municipality [or], adjacent |
14 | municipality, county or municipality within the planning area |
15 | may not be held liable for bodily injury or property damage |
16 | resulting from pollution occurrences solely by reasons of |
17 | participation in the preparation or adoption of a county or |
18 | municipal solid waste plan. Nothing herein shall be construed to |
19 | prevent any host municipality, adjacent municipality, county or |
20 | municipality within the planning area from obtaining or giving |
21 | such indemnities as may be appropriate in connection with the |
22 | ownership, operation or control of a municipal solid waste |
23 | facility. |
24 | * * * |
25 | Section 1110. Independent evaluation of permit applications. |
26 | At the request of a host municipality or adjacent |
27 | municipality, the department may reimburse a host municipality |
28 | or adjacent municipality for costs incurred for an independent |
29 | permit application review, by a professional engineer who is |
30 | licensed in this Commonwealth and who has previous experience in |
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1 | preparing such permit applications, of an application under the |
2 | Solid Waste Management Act, for a new municipal waste landfill |
3 | or resource recovery facility or that would result in additional |
4 | capacity for a municipal waste landfill or resource recovery |
5 | facility. Reimbursement shall not exceed $10,000 per complete |
6 | application. |
7 | Section 5. Chapter 13 heading of the act is amended to read: |
8 | CHAPTER 13 |
9 | [HOST MUNICIPALITY] BENEFIT FEE |
10 | Section 6. Sections 1301 and 1304 of the act are amended to |
11 | read: |
12 | Section 1301. [Host municipality benefit] Benefit fee. |
13 | (a) Imposition.--There is imposed a host municipality |
14 | benefit fee upon the operator of each municipal waste landfill |
15 | or resource recovery facility that has a valid permit on the |
16 | effective date of this act or receives a new permit or permit |
17 | that results in additional capacity from the department under |
18 | the Solid Waste Management Act after the effective date of this |
19 | act. The fee shall be paid to the host municipality. If the host |
20 | municipality owns or operates the landfill or facility, the fee |
21 | shall not be imposed for waste generated within such |
22 | municipality. If the landfill or facility is located within more |
23 | than one host municipality, the fee shall be apportioned among |
24 | them according to the percentage of the permitted area located |
25 | in each municipality. |
26 | (b) Amount.--The fee is $1 per ton of weighed solid waste or |
27 | $1 per three cubic yards of volume-measured solid waste for all |
28 | solid waste received at a landfill or facility. Any amounts paid |
29 | by an operator to a host municipality pursuant to a preexisting |
30 | agreement shall serve as a credit against the fee amount imposed |
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1 | by this section. |
2 | (c) Municipal options.--Nothing in this section or section |
3 | 1302 shall prevent a host municipality from receiving a higher |
4 | fee or receiving the fee in a different form or at different |
5 | times than provided in this section and section 1302, if the |
6 | host municipality and the operator of the municipal waste |
7 | landfill or resource recovery facility agree in writing. |
8 | (d) Supersede.--The fee imposed by this section shall |
9 | preempt and supersede any tax imposed on each municipal waste |
10 | landfill or resource recovery facility under the act of December |
11 | 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling |
12 | Act, which is in excess of the amount imposed on or before |
13 | December 31, 1987. |
14 | (e) County options.--Nothing in this act shall prevent a |
15 | host county from negotiating a fee or fee in a different form, |
16 | if the host county and the operator of the municipal waste |
17 | landfill or resource recovery agree in writing. Any county which |
18 | has negotiated a fee as of the effective date of this act may |
19 | require that the fee be continued. |
20 | (f) Adjacent municipality options.--Nothing in this act may |
21 | prevent an adjacent municipality from negotiating a fee or fee |
22 | in a different form if the adjacent municipality and the |
23 | operator of the municipal waste landfill or resource recovery |
24 | facility agree in writing. Any adjacent municipality which has |
25 | negotiated a fee as of the effective date of this act may |
26 | require that the fee be continued. |
27 | Section 1304. Records. |
28 | Each operator that is required to pay the host municipality |
29 | benefit fee shall keep daily records of all deliveries of solid |
30 | waste to the landfill or facility, as required by the host |
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1 | municipality, including, but not limited to, the name and |
2 | address of the hauler, the source of the waste, the kind of |
3 | waste received and the weight or volume of the waste. Such |
4 | records shall be maintained in Pennsylvania by the operator for |
5 | no less than five years and shall be made available to the host |
6 | municipality and adjacent municipalities for inspection upon |
7 | request. |
8 | Section 3 7. This act shall take effect in 60 days. | <-- |
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