| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2280, 2667 | PRINTER'S NO. 2725 |
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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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| SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, SEPTEMBER 30, 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 providing for definitions; | <-- |
16 | and further providing for powers and duties of municipalities |
17 | other than counties, for site limitation, for records, and | <-- |
18 | for recycling fee for municipal waste landfills and resource |
19 | recovery facilities; providing for used tire pile |
20 | remediation; and further providing for information provided |
21 | to host municipalities, for joint inspections with host |
22 | municipalities, for claims resulting from pollution |
23 | occurrences, for independent evaluation of permit |
24 | applications, and for host municipality benefit fee and for | <-- |
25 | records. |
26 | The General Assembly of the Commonwealth of Pennsylvania |
27 | hereby enacts as follows: |
28 | Section 1. Section 103 of the act of July 28, 1988 (P.L.556, |
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1 | No.101), known as the Municipal Waste Planning, Recycling and |
2 | Waste Reduction Act, is amended by adding a definition to read: |
3 | Section 103. Definitions. |
4 | The following words and phrases when used in this act shall |
5 | have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | * * * |
8 | "Adjacent municipality." A municipality other than a county |
9 | that: |
10 | (1) is located within one mile of the footprint of a |
11 | permit area of a proposed new municipal waste landfill or |
12 | resource recovery facility, or of a proposed expansion of a |
13 | municipal waste landfill or resource recovery facility; and |
14 | (2) has notified the department in writing of its |
15 | intention to be considered an adjacent municipality under |
16 | this act. |
17 | * * * |
18 | Section 2. Sections 304(b), 511(a), 704 and 1101 of the act | <-- |
19 | are amended to read: |
20 | Section 304. Powers and duties of municipalities other than |
21 | counties. |
22 | * * * |
23 | (b) Ordinances.-- |
24 | (1) In carrying out its duties under this section, a |
25 | municipality other than a county may adopt resolutions, |
26 | ordinances, regulations and standards for the recycling, |
27 | transportation, storage and collection of municipal wastes or |
28 | source-separated recyclable materials, which shall not be |
29 | less stringent than, and not in violation of or inconsistent |
30 | with, the provisions and purposes of the Solid Waste |
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1 | Management Act, this act and the regulations promulgated |
2 | pursuant thereto. |
3 | (2) The host municipality shall have the authority to |
4 | adopt reasonable ordinances concerning the hours and days |
5 | during which vehicles may deliver waste to the facility and |
6 | the routing of traffic on public roads to the facility. An |
7 | adjacent municipality shall have the authority to adopt |
8 | reasonable ordinances concerning the hours and days during |
9 | which vehicles delivering waste to the facility may travel on |
10 | public roads within the adjacent municipality and concerning |
11 | the routing of traffic within the adjacent municipality. Such |
12 | ordinances may be in addition to, but not less stringent |
13 | than, not inconsistent with and not in violation of, any |
14 | provision of the Solid Waste Management Act, any regulation |
15 | promulgated pursuant to that act, any order issued under that |
16 | act, or any permit issued pursuant to that act. Such |
17 | ordinances found to be inconsistent and not in substantial |
18 | conformity with this paragraph shall be superseded. Appeals |
19 | under this paragraph may be brought before a court of |
20 | competent jurisdiction. |
21 | * * * |
22 | Section 511. Site limitation. |
23 | (a) General rule.--The department shall not issue a permit |
24 | for, nor allow the operation of, a new municipal waste landfill, |
25 | a new commercial residual waste treatment facility or a new |
26 | resource recovery facility within 300 yards of a building which |
27 | is owned by a school district or a parochial school and used for |
28 | instructional purposes, parks or playgrounds existing prior to |
29 | the date the department has received an administratively |
30 | complete application for a permit for such facilities. A new |
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1 | municipal waste, residual waste or construction and demolition |
2 | waste landfill may not be permitted to operate within one mile |
3 | of a reservoir that serves as a water source for a community |
4 | water system, as defined in section 3 of the act of May 1, 1984 |
5 | (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water |
6 | Act. This subsection shall not affect any modification, |
7 | extension, addition or renewal of existing permitted facilities. |
8 | * * * |
9 | Section 704. Records. |
10 | Each operator shall keep daily records of all deliveries of |
11 | solid waste to the facility as required by the department, |
12 | including, but not limited to, the name and address of the |
13 | hauler, the source of the waste, the kind of waste received and |
14 | the weight or volume of the waste. A copy of these records shall |
15 | be maintained at the site by the operator for no less than five |
16 | years and shall be made available to the department [and], the |
17 | host municipality and any adjacent municipality for inspection, |
18 | upon request. |
19 | Section 2. Section 701(d) of the act, amended November 9, | <-- |
20 | 2006 (P.L.1347, No.140), is amended to read: |
21 | Section 701. Recycling fee for municipal waste landfills and |
22 | resource recovery facilities. |
23 | * * * |
24 | (d) Sunset for fee.--No fee shall be imposed under this |
25 | section on and after January 1, [2012] 2020. |
26 | Section 3. The act is amended by adding a section to read: |
27 | Section 707. Used tire pile remediation. |
28 | (a) Funding transfer.--Beginning in fiscal year 2009-2010, |
29 | through and including fiscal year 2012-2013, $1,250,000 shall be |
30 | transferred from the Recycling Fund created under section 706 to |
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1 | the Used Tire Pile Remediation Restricted Account established |
2 | under section 110 of the act of December 19, 1996 (P.L.1478, |
3 | No.190), entitled "An act relating to the recycling and reuse of |
4 | waste tires; providing for the proper disposal of waste tires |
5 | and the cleanup of stockpiled tires; authorizing investment tax |
6 | credits for utilizing waste tires; providing remediation grants |
7 | for the cleanup of tire piles and for pollution prevention |
8 | programs for small business and households; establishing the |
9 | Small Business and Household Pollution Prevention Program and |
10 | management standards for small business hazardous waste; |
11 | providing for a household hazardous waste program and for grant |
12 | programs; making appropriations; and making repeals." |
13 | (b) Use of funding.--For fiscal year 2009-2010 through |
14 | fiscal year 2012-2013 moneys in the account shall be used for |
15 | the following purposes: |
16 | (1) The remediation of waste tire piles on the priority |
17 | enforcement list maintained by the department pursuant to |
18 | section 107(a) and (b) of the act of December 19, 1996 |
19 | (P.L.1478, No.190). |
20 | (2) The remediation of waste tire piles on the list of |
21 | additional waste tire sites maintained by the department |
22 | pursuant to section 107(d) of the act of December 19, 1996 |
23 | (P.L.1478, No.190). |
24 | (3) For the award of grants pursuant to section 111 of |
25 | the act of December 19, 1996 (P.L.1478, No.190) for |
26 | remediation of waste tire piles as provided in this |
27 | subsection or for activities authorized under that section |
28 | which the department determines will assist with the |
29 | remediation of waste tire piles as provided in this |
30 | subsection. |
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1 | (c) Annual report by department.--No later than December 31, |
2 | 2010, and no later than each December 31 thereafter, the |
3 | department shall provide a report to the Environmental Resources |
4 | and Energy Committee of the Senate, the Appropriations Committee |
5 | of the Senate, the Environmental Resources and Energy Committee |
6 | of the House of Representatives and the Appropriations Committee |
7 | of the House of Representatives on the Used Tire Pile |
8 | Remediation Restricted Account and the remediation of used tire |
9 | piles. The last report to be submitted by the department |
10 | pursuant to this subsection shall be submitted no later than |
11 | December 31, 2014. Within seven days following submission of |
12 | each report to the Senate and House committees, the department |
13 | shall post the report on the department's publicly accessible |
14 | Internet website. The report shall include: |
15 | (1) The current balance of the account and the projected |
16 | balance of the account at the end of the fiscal year for |
17 | which the department's budget is being submitted. |
18 | (2) A listing of waste tire piles remediated or to be |
19 | remediated pursuant to subsection (b) during the prior fiscal |
20 | year and cumulatively since the effective date of this |
21 | subsection. |
22 | (3) Those waste tire piles which the department expects |
23 | to remediate pursuant to subsection (b) during the fiscal |
24 | year for which its budget is being submitted and the |
25 | projected cost for remediation of those waste tire piles. |
26 | (4) Those waste tire piles which will remain to be |
27 | remediated pursuant to subsection (b) and the projected cost |
28 | for remediation of those waste tire piles. |
29 | Section 4. Section 1101 of the act is amended to read: |
30 | Section 1101. Information provided to host municipalities and |
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1 | adjacent municipalities. |
2 | (a) Departmental information.--The department will provide |
3 | all of the following information to the governing body of host |
4 | municipalities and adjacent municipalities for municipal waste |
5 | landfills and resource recovery facilities: |
6 | (1) Copies of each department inspection report for such |
7 | facilities under the Solid Waste Management Act, the act of |
8 | June 22, 1937 (P.L.1987, No.394), known as The Clean Streams |
9 | Law, the act of January 8, 1960 (1959 P.L.2119, No.787), |
10 | known as the Air Pollution Control Act, and the act of |
11 | November 26, 1978 (P.L.1375, No.325), known as the Dam Safety |
12 | and Encroachments Act, within five working days after the |
13 | preparation of such reports. |
14 | (2) Prompt notification of all department enforcement or |
15 | emergency actions for such facilities, including, but not |
16 | limited to, abatement orders, cessation orders, proposed and |
17 | final civil penalty assessments, and notices of violation. |
18 | (3) Copies of all air and water quality monitoring data |
19 | collected by the department at such facilities, within five |
20 | working days after complete laboratory analysis of such data |
21 | becomes available to the department. |
22 | (b) Operator information.--Every operator of a municipal |
23 | waste landfill or resource recovery facility shall provide to |
24 | the host municipality and adjacent municipalities copies of all |
25 | air and water quality monitoring data, as required by the |
26 | department for the facility, conducted by or on behalf of the |
27 | operator, within five days after such data becomes available to |
28 | the operator. |
29 | (c) Public information.--All information provided to the |
30 | host municipality and adjacent municipalities under this section |
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1 | shall be made available to the public for review upon request. |
2 | (d) Information to county.--If the host municipality owns or |
3 | operates the municipal waste landfill or resource recovery |
4 | facility, or proposes to own or operate such landfill or |
5 | facility, the information required by this section shall be |
6 | provided to the county within which the landfill or facility is |
7 | located or proposed to be located and to adjacent municipalities |
8 | instead of the host municipality. |
9 | (e) Sign on vehicle.--A vehicle or conveyance used for the |
10 | transporting of solid waste shall bear the name and business |
11 | address of the person or municipality which owns the vehicle or |
12 | conveyance and the specific type of solid waste transported by |
13 | the vehicle or conveyance. All signs shall have lettering which |
14 | is at least six inches in height. |
15 | Section 3 5. Section 1102 of the act, repealed in part July | <-- |
16 | 11, 1996 (P.L.619, No.105), is amended to read: |
17 | Section 1102. Joint inspections with host municipalities and |
18 | adjacent municipalities. |
19 | (a) Training of inspectors.-- |
20 | (1) The department shall establish and conduct a |
21 | training program to certify host municipality and adjacent |
22 | municipality inspectors for municipal waste landfills and |
23 | resource recovery facilities. This program will be available |
24 | to no more than two persons who have been designated in |
25 | writing by the host municipality or adjacent municipality. |
26 | The department shall [hold] offer training programs at least |
27 | twice a year. The department shall certify host municipality |
28 | and adjacent municipality inspectors upon completion of the |
29 | training program and satisfactory performance in an |
30 | examination administered by the department. |
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1 | (2) Certified host municipal inspectors and adjacent |
2 | municipal inspectors are authorized to enter property, |
3 | inspect only those records required by the department, take |
4 | samples and conduct inspections in accordance with department |
5 | regulations as applicable to department inspectors. However, |
6 | certified host municipal inspectors and adjacent municipal |
7 | inspectors may not issue orders except as provided in this |
8 | subsection. A certified host municipal inspector or adjacent |
9 | municipal inspector may order the operator of a facility to |
10 | cease any operation or activity at the facility which |
11 | constitutes an immediate threat to public health and safety |
12 | and which represents a violation of the Solid Waste |
13 | Management Act, the regulations promulgated under that act, |
14 | any order issued under that act or the terms or conditions of |
15 | a permit issued under that act. The order shall expire within |
16 | two hours unless the inspector notifies the department and |
17 | the governing body of the host municipality and adjacent |
18 | municipality. The department may, after conducting an |
19 | inspection, supersede the inspector's order by issuing an |
20 | order of its own which vacates or modifies the terms of the |
21 | inspector's order. If the department does not supersede the |
22 | order, the order shall expire after 24 hours unless otherwise |
23 | extended, continued or modified by a court pursuant to |
24 | section 1703(b). |
25 | (4) The department may decertify host municipality or |
26 | adjacent municipality inspectors pursuant to regulations |
27 | promulgated by the Environmental Quality Board. |
28 | (b) Departmental information.-- |
29 | (1) Whenever any host municipality or adjacent |
30 | municipality presents information to the department which |
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1 | gives the department reason to believe that any municipal |
2 | waste landfill or resource recovery facility is in violation |
3 | of any requirement of the act of June 22, 1937 (P.L.1987, |
4 | No.394), known as The Clean Streams Law, the act of January |
5 | 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution |
6 | Control Act, the act of November 26, 1978 (P.L.1375, No.325), |
7 | known as the Dam Safety and Encroachments Act, the Solid |
8 | Waste Management Act, any regulation promulgated pursuant |
9 | thereto, any order issued pursuant thereto or the condition |
10 | of any permit issued pursuant thereto, the department will |
11 | promptly conduct an inspection of such facility. |
12 | (2) The department will notify the host municipality and |
13 | adjacent municipality of this inspection and will allow a |
14 | certified municipal inspector from the host municipality and |
15 | adjacent municipality to accompany the inspector during the |
16 | inspection. |
17 | (3) If there is not sufficient information to give the |
18 | department reasons to believe that there is a violation, the |
19 | department will provide a written explanation to the host |
20 | municipality and adjacent municipality of its decision not to |
21 | conduct an inspection within 30 days of the request for |
22 | inspection. |
23 | (4) Upon written request of a host municipality or |
24 | adjacent municipality to the department, the department will |
25 | allow a certified inspector of such municipality to accompany |
26 | department inspectors on routine inspections of municipal |
27 | waste landfills and resource recovery facilities. |
28 | (c) County involvement.--If the host municipality owns or |
29 | operates the municipal waste landfill or resource recovery |
30 | facility, the training and inspection requirements of this |
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1 | section shall be available to the county within which the |
2 | landfill or facility is located and to adjacent municipalities |
3 | instead of the host municipality. |
4 | Section 4 6. Sections 1107(c) and 1110 of the act are | <-- |
5 | amended to read: |
6 | Section 1107. Claims resulting from pollution occurrences. |
7 | * * * |
8 | (c) Liability limited.--A host municipality [or], adjacent |
9 | municipality, county or municipality within the planning area |
10 | may not be held liable for bodily injury or property damage |
11 | resulting from pollution occurrences solely by reasons of |
12 | participation in the preparation or adoption of a county or |
13 | municipal solid waste plan. Nothing herein shall be construed to |
14 | prevent any host municipality, adjacent municipality, county or |
15 | municipality within the planning area from obtaining or giving |
16 | such indemnities as may be appropriate in connection with the |
17 | ownership, operation or control of a municipal solid waste |
18 | facility. |
19 | * * * |
20 | Section 1110. Independent evaluation of permit applications. |
21 | At the request of a host municipality or adjacent |
22 | municipality, the department may reimburse a host municipality |
23 | or adjacent municipality for costs incurred for an independent |
24 | permit application review, by a professional engineer who is |
25 | licensed in this Commonwealth and who has previous experience in |
26 | preparing such permit applications, of an application under the |
27 | Solid Waste Management Act, for a new municipal waste landfill |
28 | or resource recovery facility or that would result in additional |
29 | capacity for a municipal waste landfill or resource recovery |
30 | facility. Reimbursement shall not exceed $10,000 per complete |
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1 | application. An adjacent municipality which chooses to conduct | <-- |
2 | an independent evaluation of a permit application must do so |
3 | within 60 days of the department's receipt of the permit |
4 | application. Notwithstanding the provisions of this subsection, |
5 | an adjacent municipality affected by an application already |
6 | received by the department as of the effective date of this |
7 | section shall have 60 days to conduct an independent evaluation. |
8 | Nothing in this subsection shall be construed to alter an |
9 | existing permit review timeframe that was negotiated prior to |
10 | the effective date of this section. |
11 | Section 5 7. Chapter 13 heading of the act is amended to | <-- |
12 | read: |
13 | CHAPTER 13 |
14 | [HOST MUNICIPALITY] BENEFIT FEE |
15 | Section 6. Sections 1301 and 1304 of the act are 8. Section | <-- |
16 | 1301 of the act is amended to read: |
17 | Section 1301. [Host municipality benefit] Benefit fee. |
18 | (a) Imposition.--There is imposed a host municipality |
19 | benefit fee upon the operator of each municipal waste landfill |
20 | or resource recovery facility that has a valid permit on the |
21 | effective date of this act or receives a new permit or permit |
22 | that results in additional capacity from the department under |
23 | the Solid Waste Management Act after the effective date of this |
24 | act. The fee shall be paid to the host municipality. If the host |
25 | municipality owns or operates the landfill or facility, the fee |
26 | shall not be imposed for waste generated within such |
27 | municipality. If the landfill or facility is located within more |
28 | than one host municipality, the fee shall be apportioned among |
29 | them according to the percentage of the permitted area located |
30 | in each municipality. |
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1 | (b) Amount.--The fee is $1 per ton of weighed solid waste or |
2 | $1 per three cubic yards of volume-measured solid waste for all |
3 | solid waste received at a landfill or facility. Any amounts paid |
4 | by an operator to a host municipality pursuant to a preexisting |
5 | agreement shall serve as a credit against the fee amount imposed |
6 | by this section. |
7 | (c) Municipal options.--Nothing in this section or section |
8 | 1302 shall prevent a host municipality from receiving a higher |
9 | fee or receiving the fee in a different form or at different |
10 | times than provided in this section and section 1302, if the |
11 | host municipality and the operator of the municipal waste |
12 | landfill or resource recovery facility agree in writing. |
13 | (d) Supersede.--The fee imposed by this section shall |
14 | preempt and supersede any tax imposed on each municipal waste |
15 | landfill or resource recovery facility under the act of December |
16 | 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling |
17 | Act, which is in excess of the amount imposed on or before |
18 | December 31, 1987. |
19 | (e) County options.--Nothing in this act shall prevent a |
20 | host county from negotiating a fee or fee in a different form, |
21 | if the host county and the operator of the municipal waste |
22 | landfill or resource recovery agree in writing. Any county which |
23 | has negotiated a fee as of the effective date of this act may |
24 | require that the fee be continued. |
25 | (f) Adjacent municipality options.--Nothing in this act may |
26 | prevent an adjacent municipality from negotiating a fee or fee |
27 | in a different form if the adjacent municipality and the |
28 | operator of the municipal waste landfill or resource recovery |
29 | facility agree in writing. Any adjacent municipality which has |
30 | negotiated a fee as of the effective date of this act may |
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1 | require that the fee be continued. |
2 | Section 1304. Records. | <-- |
3 | Each operator that is required to pay the host municipality |
4 | benefit fee shall keep daily records of all deliveries of solid |
5 | waste to the landfill or facility, as required by the host |
6 | municipality, including, but not limited to, the name and |
7 | address of the hauler, the source of the waste, the kind of |
8 | waste received and the weight or volume of the waste. Such |
9 | records shall be maintained in Pennsylvania by the operator for |
10 | no less than five years and shall be made available to the host |
11 | municipality and adjacent municipalities for inspection upon |
12 | request. |
13 | Section 7 9. This act shall take effect in 60 days | <-- |
14 | immediately. | <-- |
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