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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, FONTANA AND RAFFERTY, APRIL 23, 2009 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 23, 2009 |
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| AN ACT |
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1 | Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An |
2 | act providing for the planning and regulation of solid waste |
3 | storage, collection, transportation, processing, treatment, |
4 | and disposal; requiring municipalities to submit plans for |
5 | municipal waste management systems in their jurisdictions; |
6 | authorizing grants to municipalities; providing regulation of |
7 | the management of municipal, residual and hazardous waste; |
8 | requiring permits for operating hazardous waste and solid |
9 | waste storage, processing, treatment, and disposal |
10 | facilities; and licenses for transportation of hazardous |
11 | waste; imposing duties on persons and municipalities; |
12 | granting powers to municipalities; authorizing the |
13 | Environmental Quality Board and the Department of |
14 | Environmental Resources to adopt rules, regulations, |
15 | standards and procedures; granting powers to and imposing |
16 | duties upon county health departments; providing remedies; |
17 | prescribing penalties; and establishing a fund," adding |
18 | definitions; and further providing for submission of plans |
19 | and permits, for permits and licenses required, for granting |
20 | of permits and licenses and for bonds. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. Section 103 of the act of July 7, 1980 (P.L.380, |
24 | No.97), known as the Solid Waste Management Act, is amended by |
25 | adding definitions to read: |
26 | Section 103. Definitions. |
27 | The following words and phrases when used in this act shall |
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1 | have, unless the context clearly indicates otherwise, the |
2 | meanings given to them in this section: |
3 | * * * |
4 | "Affected municipality." A municipality within one mile of a |
5 | proposed municipal waste landfill, that is on an approach route |
6 | to a municipal waste landfill regulated by this act or that is |
7 | otherwise adversely impacted by a facility. |
8 | * * * |
9 | "Host municipality." The municipality other than the county |
10 | within which a municipal waste landfill is located or is |
11 | proposed to be located. |
12 | * * * |
13 | Section 2. Sections 502 and 503 of the act are amended by |
14 | adding subsections to read: |
15 | Section 502. Permit and license application requirements. |
16 | * * * |
17 | (d.1) The application shall include all records, reports, |
18 | information and dispositions relating to violations of 75 |
19 | Pa.C.S. Pt. IV (relating to vehicle characteristics). Such |
20 | information shall be considered by the department when |
21 | considering an application under this section. |
22 | * * * |
23 | Section 503. Granting, denying, renewing, modifying, revoking |
24 | and suspending permits and licenses. |
25 | * * * |
26 | (b.1) No permit shall be issued for the siting of a new |
27 | municipal waste landfill or the expansion of an existing |
28 | municipal waste landfill in a municipality where a referendum |
29 | has been conducted pursuant to section 504.1 and the electorate |
30 | has voted against the siting of a new municipal waste landfill |
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1 | or the expansion of an existing municipal waste landfill. |
2 | * * * |
3 | (c.1) In carrying out the provisions of this act, the |
4 | department may deny, suspend, modify or revoke any permit or |
5 | license if it finds that the applicant, permittee or licensee |
6 | has failed or continues to fail to comply with the provisions of |
7 | 75 Pa.C.S. Pt. IV (relating to vehicle characteristics). |
8 | * * * |
9 | (f) (1) Any permit issued under this act for the operation |
10 | of a municipal waste landfill shall be issued for a fixed |
11 | term consistent with the approved operation and design plans |
12 | of a municipal waste landfill and may not exceed ten years. |
13 | No municipal waste may be disposed of or processed at such a |
14 | landfill after the expiration of the permit term. Expiration |
15 | of the permit term shall not limit the operator's |
16 | responsibility for complying with the provisions under this |
17 | act, the environmental protection acts, regulations |
18 | thereunder or the terms or conditions of the permit. |
19 | (2) The department shall, from time to time, but at |
20 | intervals not to exceed two years, review a permit issued to |
21 | a municipal waste landfill under this act. In its review, the |
22 | department shall evaluate the permit to determine whether it |
23 | reflects currently applicable operating requirements as well |
24 | as current technology and management practices. The |
25 | department may require modification, suspension or revocation |
26 | of the permit when necessary to carry out the purposes of |
27 | this act or the environmental protection acts. |
28 | Section 3. The act is amended by adding a section to read: |
29 | Section 504.1. Referendum on siting of municipal waste |
30 | landfills or expansion of existing municipal waste |
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1 | landfills. |
2 | (a) Prior to the approval of an application for a permit to |
3 | operate a municipal waste landfill or a permit to expand an |
4 | existing municipal waste landfill's capacity by the governing |
5 | body or the department, the county board of elections shall |
6 | conduct a binding referendum in the host municipality and all |
7 | affected municipalities. The department shall not issue such a |
8 | permit if a majority of the municipalities participating in the |
9 | referendum reject the proposed siting or expansion by a majority |
10 | vote of the electors in each municipality. |
11 | (b) The binding referendum shall be conducted at the first |
12 | primary, municipal or general election occurring at least 60 |
13 | days after the department has notified the host county that it |
14 | has received an application for a permit to operate a municipal |
15 | waste landfill or to expand the capacity of an existing |
16 | facility. |
17 | (c) The results of the binding referendum shall be |
18 | transmitted to the department, the governing body of the county, |
19 | the host municipality and all affected municipalities. |
20 | (d) Procedures under this section shall be in accordance |
21 | with the act of June 3, 1937 (P.L.1333, No.320), known as the |
22 | "Pennsylvania Election Code." |
23 | Section 4. Section 505(a), (b) and (e) of the act are |
24 | amended and the section is amended by adding a subsection to |
25 | read: |
26 | Section 505. Bonds. |
27 | (a) With the exception of municipalities operating landfills |
28 | solely for municipal waste not classified hazardous, prior to |
29 | the commencement of operations, the operator of a municipal or |
30 | residual waste processing or disposal facility or of a hazardous |
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1 | waste storage, treatment or disposal facility for which a permit |
2 | is required by this section shall file with the department a |
3 | bond for the land affected by such facility on a form prescribed |
4 | and furnished by the department. Such bond shall be payable to |
5 | the Commonwealth and conditioned so that the operator shall |
6 | comply with the requirements of this act, the act of June 22, |
7 | 1937 (P.L.1987, No.394), known as "The Clean Streams Law," the |
8 | act of May 31, 1945 (P.L.1198, No.418), known as the "Surface |
9 | Mining Conservation and Reclamation Act," the act of January 8, |
10 | 1960 (1959 P.L.2119, No.787), known as the "Air Pollution |
11 | Control Act," and the act of November 26, 1978 (P.L.1375, |
12 | No.325), known as the "Dam Safety and Encroachments Act." The |
13 | department may require additional bond amounts for the permitted |
14 | areas should such an increase be determined by the department to |
15 | be necessary to meet the requirements of this act. The amount of |
16 | the bond required shall be in an amount determined by the |
17 | secretary based upon the total estimated cost to the |
18 | Commonwealth of completing final closure according to the permit |
19 | granted to such facility and such measures as are necessary to |
20 | prevent adverse effects upon the environment; such measures |
21 | include but are not limited to satisfactory monitoring, post- |
22 | closure care, and remedial measures. The bond amount shall |
23 | reflect the additional cost to the Commonwealth which may be |
24 | entailed by being required to bring personnel and equipment to |
25 | the site. All permits shall be bonded for at least [$10,000] |
26 | $50,000. Liability under such bond shall be for the duration of |
27 | the operation, and for a period of up to [ten] 15 full years |
28 | after final closure of the permit site. Such bond shall be |
29 | executed by the operator and a corporate surety licensed to do |
30 | business in the Commonwealth and approved by the secretary: |
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1 | Provided, however, That the operator may elect to deposit cash, |
2 | certificates of deposit, automatically renewable irrevocable |
3 | letters of credit which are terminable only upon 90 days written |
4 | notice to the operator and the department, or negotiable bonds |
5 | of the United States Government or the Commonwealth of |
6 | Pennsylvania, the Pennsylvania Turnpike Commission, the General |
7 | State Authority, the State Public School Building Authority, or |
8 | any municipality within the Commonwealth, with the department in |
9 | lieu of a corporate surety. The cash amount of such deposit, |
10 | irrevocable letters of credit or market value of such securities |
11 | shall be equal at least to the sum of the bond. The secretary |
12 | shall, upon receipt of any such deposit of cash or negotiable |
13 | bonds, immediately place the same with the State Treasurer, |
14 | whose duty it shall be to receive and hold the same in the name |
15 | of the Commonwealth, in trust, for the purposes for which such |
16 | deposit is made. The State Treasurer shall at all times be |
17 | responsible for the custody and safekeeping of such deposits. |
18 | The operator making the deposit shall be entitled from time to |
19 | time to demand and receive from the State Treasurer, on the |
20 | written order of the secretary, the whole or any portion of any |
21 | collateral so deposited, upon depositing with him, in lieu |
22 | thereof, other collateral of the classes herein specified having |
23 | a market value at least equal to the sum of the bond, also to |
24 | demand, receive and recover the interest and income from said |
25 | negotiable bonds as the same becomes due and payable: Provided, |
26 | however, That where negotiable bonds, deposited as aforesaid, |
27 | mature or are called, the State Treasurer, at the request of the |
28 | permittee, shall convert such negotiable bonds into such other |
29 | negotiable bonds of the classes herein specified as may be |
30 | designated by the permittee: And provided further, That where |
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1 | notice of intent to terminate a letter of credit is given, the |
2 | department shall, after 30 days written notice to the operator |
3 | and in the absence of a replacement of such letter of credit |
4 | within such 30-day period by the operator with other acceptable |
5 | bond guarantees provided herein, draw upon and convert such |
6 | letter of credit into cash and hold it as a collateral bond |
7 | guarantee. In addition to criteria contained in department |
8 | regulations relating to the adjustment of bond or trust amounts |
9 | and bond forfeiture, the department may require an operator to |
10 | deposit additional bond or trust amounts based on the compliance |
11 | history of the facility. |
12 | (a.1) The department may provide by regulation that the |
13 | amount of the bond required reflect the potential liabilities |
14 | and costs associated with the transportation of solid waste to a |
15 | facility. |
16 | (b) In the case of applications for permits where the |
17 | department determines that the operations are reasonably |
18 | anticipated to continue for a period of at least ten years from |
19 | the date of application, the operator may elect to deposit |
20 | collateral and file a collateral bond as provided in subsection |
21 | (a) according to the following phase deposit schedule. The |
22 | operator shall, prior to commencing operations, deposit [$10,000 |
23 | or 25%] $50,000 or 50% of the amount of the bond determined |
24 | under subsection (a), whichever is greater. The operator shall, |
25 | thereafter, annually deposit 10% of the remaining bond amount |
26 | for a period of ten years. Interest accumulated by such |
27 | collateral shall become a part of the bond. The department may |
28 | require additional bonding at any time to meet the intent of |
29 | subsection (a). The collateral shall be deposited in trust, with |
30 | the State Treasurer as provided in subsection (a) or with a |
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1 | bank, selected by the department, which shall act as trustee for |
2 | the benefit of the Commonwealth, according to rules and |
3 | regulations promulgated hereunder, to guarantee the operator's |
4 | compliance with this act and the statutes enumerated in |
5 | subsection (a). The operator shall be required to pay all costs |
6 | of the trust. The collateral deposit, or part thereof, shall be |
7 | released of liability and returned to the operator, together |
8 | with a proportional share of accumulated interest, upon the |
9 | conditions of and pursuant to the schedule and criteria for |
10 | release provided in this act. |
11 | * * * |
12 | (e) Prior to the issuance of any license for the |
13 | transportation of hazardous waste, the applicant for a license |
14 | shall file with the department a collateral bond on a form |
15 | prescribed and furnished by the department. Such bond shall be |
16 | payable to the Commonwealth and conditioned upon compliance by |
17 | the licensee with every requirement of this act, rule and |
18 | regulation of the department, order of the department and term |
19 | and condition of the license. The amount of the bond required |
20 | shall be in an amount determined by the secretary, but in an |
21 | amount no less than [$10,000] $50,000. The department may |
22 | require additional bond amounts if the department determines |
23 | such additional amounts are necessary to guarantee compliance |
24 | with this act. The licensee may elect to deposit cash or |
25 | automatically renewable irrevocable letters of credit which are |
26 | terminable only upon 90 days written notice to the operator and |
27 | the department, or negotiable bonds of the United States |
28 | Government or the Commonwealth of Pennsylvania, the Pennsylvania |
29 | Turnpike Commission, the General State Authority, the State |
30 | Public School Building Authority, or any municipality within the |
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1 | Commonwealth. No corporate surety bond is authorized by this |
2 | subsection. The cash amount of such deposit, irrevocable letters |
3 | of credit, or market value of such securities shall be equal at |
4 | least to the sum of the bond. The secretary shall, upon receipt |
5 | of any such deposit of cash or negotiable bonds, immediately |
6 | place the same with the State Treasurer, whose duty it shall be |
7 | to receive and hold the same in the name of the Commonwealth, in |
8 | trust, for the purposes for which such deposit is made. The |
9 | State Treasurer shall at all times be responsible for the |
10 | custody and safekeeping of such deposits. The licensee making |
11 | the deposit shall be entitled from time to time to demand and |
12 | receive from the State Treasurer, on the written order of the |
13 | secretary, the whole or any portion of any collateral so |
14 | deposited, upon depositing with him, in lieu thereof, other |
15 | collateral of the classes herein specified having a market value |
16 | at least equal to the sum of the bond, also to demand, receive |
17 | and recover the interest and income from said negotiable bonds |
18 | as the same becomes due and payable: Provided, however, That |
19 | where negotiable bonds, deposited as aforesaid, mature or are |
20 | called, the State Treasurer, at the request of the licensee, |
21 | shall convert such negotiable bonds into such other negotiable |
22 | bonds of the classes herein specified as may be designated by |
23 | the licensee: And provided further, That where notice of intent |
24 | to terminate a letter of credit is given, the department shall, |
25 | after 30 days written notice to the licensee and in the absence |
26 | of a replacement of such letter of credit within such 30-day |
27 | period by the licensee with other acceptable bond guarantees |
28 | provided herein, draw upon and convert such letter of credit |
29 | into cash and hold it as a collateral bond guarantee. Liability |
30 | under such bond shall be for the duration of the license and for |
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1 | a period of one year after the expiration of the license. |
2 | * * * |
3 | Section 5. This act shall take effect in 60 days. |
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