1Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2"An act providing for planning for the processing and
3disposal of municipal waste; requiring counties to submit
4plans for municipal waste management systems within their
5boundaries; authorizing grants to counties and municipalities
6for planning, resource recovery and recycling; imposing and
7collecting fees; establishing certain rights for host
8municipalities; requiring municipalities to implement
9recycling programs; requiring Commonwealth agencies to
10procure recycled materials; imposing duties; granting powers
11to counties and municipalities; authorizing the Environmental
12Quality Board to adopt regulations; authorizing the
13Department of Environmental Resources to implement this act;
14providing remedies; prescribing penalties; establishing a
15fund; and making repeals," defining "affected municipality";
16further providing for permit requirements, for powers and
17duties of the Department of Health and for site limitation;
18providing for public participation in expansion of existing
19facilities; further providing for protection of capacity and
20for host municipality benefit fee; authorizing an affected
21municipality benefit fee; providing for effect of multiple
22violations; and making editorial changes.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. The title of the act of July 28, 1988 (P.L.556, 
26No.101), known as the Municipal Waste Planning, Recycling and
27Waste Reduction Act, is amended to read:

28AN ACT

1Providing for planning for the processing and disposal of
2municipal waste; requiring counties to submit plans for
3municipal waste management systems within their boundaries;
4authorizing grants to counties and municipalities for
5planning, resource recovery and recycling; imposing and
6collecting fees; establishing certain rights for host
7municipalities; requiring municipalities to implement
8recycling programs; requiring Commonwealth agencies to
9procure recycled materials; imposing duties; granting powers
10to counties and municipalities; authorizing the Environmental
11Quality Board to adopt regulations; authorizing the
12Department of Environmental [Resources] Protection to
13implement this act; providing remedies; prescribing
14penalties; establishing a fund; and making repeals.

15Section 2. The definitions of "department" and "secretary"
16in section 103 of the act are amended and the section is amended
17by adding a definition to read:

18Section 103. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22* * *

23"Affected municipality." A municipality within one mile of 
24the proposed facility, that is on an approach route to a 
25facility regulated by this act or that is otherwise adversely 
26impacted by a facility.

27* * *

28"Department." The Department of Environmental [Resources]
29Protection of the Commonwealth and its authorized
30representatives.

1* * *

2"Secretary." The Secretary of Environmental [Resources]
3Protection of the Commonwealth.

4* * *

5Section 3. Section 510 of the act is amended by adding
6subsections to read:

7Section 510. Permit requirements.

8* * *

9(c) Community health risks study.--The department may not
10issue an approval or permit under this act or the Solid Waste
11Management Act relating to the siting, operation or expansion of
12a municipal waste landfill until a community health risks study
13has been performed and submitted to the department. A community
14health risks study shall be conducted at all existing facilities
15by the department in conjunction with the Department of Health
16and paid for by the applicant or operator within one year of the
17effective date of this subsection. The department shall consider
18the study when reviewing new permit applications, applications
19for permit renewals and permits for the expansion of existing
20facilities. The study shall examine, measure and report on the
21health risks to the residents of the host municipalities and
22affected municipalities.

23(d) Term of permits.--

24(1) A permit issued pursuant to this act shall be issued
25for a fixed term consistent with the approved operation and
26design plans of the municipal waste landfill, and may not
27exceed ten years. No municipal waste may be disposed of or
28processed at a municipal waste landfill after the expiration
29of its permit term. Expiration of the permit term does not
30limit the operator's responsibility for complying with

1requirements under this act, the other environmental
2protection acts, regulations thereunder or the terms or
3conditions of the department's permit.

4(2) The department shall from time to time, but at
5intervals not to exceed two years, review a permit issued
6under this act. In its review, the department shall evaluate
7the permit to determine whether it reflects currently
8applicable operating requirements as well as current
9technology and management practices. The department may
10require modification, suspension or revocation of the permit
11when necessary to carry out the purposes of this act or the
12environmental protection acts.

13Section 4. Section 511(a) of the act is amended to read:

14Section 511. Site limitation.

15(a) General rule.--The department shall not issue a permit
16for, nor allow the operation of, a new municipal waste landfill,
17a new commercial residual waste treatment facility or a new
18resource recovery facility within 300 yards of any occupied 
19dwelling or a building which is owned by a school district or a
20parochial school and used for instructional purposes, parks or
21playgrounds existing prior to the date the department has
22received an administratively complete application for a permit
23for such facilities. This subsection shall not affect any
24modification, extension, addition or renewal of existing
25permitted facilities.

26* * *

27Section 5. The act is amended by adding a section to read:

28Section 514. Public participation in expansion of existing
29facilities.

30(a) General rule.--Upon receiving an application to operate,

1an application to modify a permit or an application to expand an
2existing municipal waste landfill, the department, in
3conjunction with the county, the host municipality and any
4affected municipality, shall conduct not fewer than three public
5hearings for the purpose of receiving information on the permit
6modification. At least 30 days prior to conducting the public
7hearings, the department shall publish notice of the hearing in
8a newspaper of general circulation in the host municipality and
9affected municipalities.

10(b) Places of public hearings.--Public hearings shall be
11conducted in the following areas:

12(1) One in the host municipality.

13(2) One in at least one affected municipality.

14(3) One in one other appropriate location in the county.

15(c) Purpose of public hearings.--The public hearings shall
16solicit information from members of the public and local
17officials regarding:

18(1) Odor control.

19(2) Community health risks.

20(3) Traffic patterns and traffic volume as a result of
21increased waste hauling in the host municipality and affected
22municipalities.

23(4) Emergency planning and response mechanisms for the
24host municipalities and affected municipalities.

25(5) Infrastructure support for the host municipalities
26and affected municipalities.

27(d) Summary of hearings.--After a hearing, the department
28shall prepare a summary of the written and oral comments
29submitted at the hearings, the department's responses to the
30comments and the reasons for the responses. The department shall

1provide copies of this summary to the governing bodies of the
2host municipalities, affected municipalities, any persons who
3submitted comments and to other persons who request a copy.

4(e) Construction with regulation or policy.--The public
5hearings authorized by this section shall supplement but shall
6not supersede the hearings and comment periods authorized by any
7department regulation or policy.

8Section 6. Section 1111(b) and (d) of the act are amended to
9read:

10Section 1111. Protection of capacity.

11* * *

12(b) Determination.--The permit condition shall be determined
13in the following manner:

14(1) The applicant shall notify the host county [and],
15host municipality and any affected municipality upon filing
16an application for permit pursuant to subsection (a). Within
1760 days after receiving written notice from the applicant
18that an application has been filed with the department, the
19host county [and], host municipality and affected 
20municipality shall provide written notice to the applicant
21and the department if it intends to negotiate with the
22applicant. If the host county [and], host municipality and 
23affected municipality do not provide such notice and, if the
24permit is issued, the permit condition shall state that no
25waste capacity is reserved for the host county [and], host
26municipality and affected municipality. The negotiation
27period shall commence upon the date of receipt of the written
28notice to the applicant from the host county and host
29municipality and shall continue for 30 days. The issues to be
30considered in negotiations shall include, but not be limited

1to, the weight or volume of capacity reserved to a host
2county [and], host municipality and affected municipality and
3an increase in the average volume of waste up to the amount
4of capacity set aside for municipal waste generated within
5the host county [and], host municipality and affected 
6municipality.

7(2) If the host county [and], host municipality, 
8affected municipality and the applicant agree to a weight or
9volume of waste capacity to be reserved for the host county
10[and], host municipality and affected municipality, they
11shall notify the department in writing.

12(3) If the host county [and], host municipality, 
13affected municipality and the applicant have failed to reach
14an agreement within the 30-day negotiation period, then
15either party to the dispute, after written notice to the
16other party containing specifications of the issue or issues
17in dispute, may request the appointment of a board of
18arbitration pursuant to paragraph (7). Such notice shall be
19made in writing to the other party within five days of the
20end of the negotiation period. In making the decision as to
21the terms of the agreement, the board shall consider among
22other things the availability of disposal alternatives to the
23host county [and], host municipality and affected 
24municipality. Should the host county [and], host municipality
25and affected municipality fail to request arbitration within
26five days, then the permit condition shall state that no
27waste capacity is reserved for the host county [and], host
28municipality and affected municipality.

29(4) If the county and municipality elect to negotiate
30with the applicant pursuant to this section, any agreement or

1arbitration award shall provide, unless the host county
2[and], host municipality, affected municipality and applicant
3agree otherwise, that the county and [municipality]
4municipalities shall utilize the capacity reserved in an
5agreed-upon time frame.

6(5) Should the applicant and the host county [and], host
7municipality and affected municipality be unable to agree to
8the terms of the agreement governing such utilization within
930 days of an agreement or an arbitration award as to the
10weight or volume of waste capacity to be reserved in the
11facility, either party can request the appointment of an
12arbitration board pursuant to paragraph (7). In making the
13decision as to the terms of the agreement for utilization,
14the board shall consider, among other things, the weight or
15volume of capacity reserved to a host county [and], host
16municipality and affected municipality under any permit
17issued pursuant to this section, an increase in the average
18volume of waste in an amount up to the amount of capacity set
19aside for municipal waste generated within the host county
20[and], host municipality and affected municipality, the
21financial viability of the facility and the terms, including
22the rates per ton for disposal, of the contracts entered into
23by the applicant for use of the facility by other than the
24host county and host municipality.

25(6) Except as provided in paragraph (1), the department
26shall not issue any permit under this section unless it has
27received written notice of an agreement between the applicant
28and host county [and], host municipality and affected 
29municipality as to the weight or volume of capacity to be
30reserved for the host county and host municipality as

1provided in paragraph (2) or unless it has received written
2notice that a Board of Arbitration appointed pursuant to
3paragraph (7) has settled all issues in dispute between the
4host county [and], host municipality, the affected 
5municipality and the applicant. The department shall include
6a permit condition reserving such capacity provided for in
7such agreements or arbitration awards.

8(7) The board of arbitration shall be composed of three
9persons, one appointed by the applicant, one appointed by the
10host county and host municipality and a third member to be
11agreed upon by the applicant and such host county and host
12municipality. The members of the board representing the
13applicant and the host county and host municipality shall be
14named within five days from the date of the request for the
15appointment of such board. If, after a period of ten days
16from the date of the appointment of the two arbitrators
17appointed by the host county and host municipality and the
18applicant, the third arbitrator has not been selected by
19them, then either arbitrator may request the American
20Arbitration Association, or its successor in function, to
21furnish a list of three members of said association who are
22residents of Pennsylvania from which the third arbitrator
23shall be selected. The arbitrator appointed by the applicant
24shall eliminate one name from the list within five days after
25publication of the list, following which the arbitrator
26appointed by the host county and host municipality shall
27eliminate one name from the list within five days thereafter.
28The individual whose name remains on the list shall be the
29third arbitrator and shall act as chairman of the board of
30arbitration. The board of arbitration thus established shall

1commence the arbitration proceedings within ten days after
2the third arbitrator is selected and shall make its
3determination within 30 days after the appointment of the
4third arbitrator.

5* * *

6(d) Consultation.--The host county shall consult with the
7host municipality and any affected municipality as part of the
8procedure set forth under this section.

9* * *

10Section 7. Chapter 13 heading and sections 1301, 1302, 1303,
111304, 1305 and 1510(f) of the act are amended to read:

12CHAPTER 13

13[HOST MUNICIPALITY] BENEFIT [FEE] FEES

14Section 1301. Host municipality and affected municipality 
15benefit fee.

16(a) Imposition.--There is imposed a host municipality
17benefit fee and an affected municipality benefit fee upon the
18operator of each municipal waste landfill or resource recovery
19facility that has a valid permit on the effective date of this
20act or receives a new permit or permit that results in
21additional capacity from the department under the Solid Waste
22Management Act after the effective date of this act. The fee
23shall be paid to the host municipality and affected 
24municipality. If the host municipality owns or operates the
25landfill or facility, the fee shall not be imposed for waste
26generated within such municipality. If the landfill or facility
27is located within more than one host municipality, the fee shall
28be apportioned among them according to the percentage of the
29permitted area located in each municipality.

30(b) Amount.--The host municipality fee is $1 per ton of

1weighed solid waste or $1 per three cubic yards of volume-
2measured solid waste for all solid waste received at a landfill
3or facility. The affected municipality fee is 50¢ per ton of 
4weighted solid waste or 50¢ per three cubic yards of volume-
5measured solid waste for all solid waste received at a landfill 
6or facility. Any amounts paid by an operator to a host
7municipality or affected municipality pursuant to a preexisting
8agreement shall serve as a credit against the fee amount imposed
9by this section.

10(c) Municipal options.--Nothing in this section or section
111302 shall prevent a host municipality or affected municipality
12from receiving a higher fee or receiving the fee in a different
13form or at different times than provided in this section and
14section 1302, if the host municipality or affected municipality
15and the operator of the municipal waste landfill or resource
16recovery facility agree in writing.

17(d) Supersede.--The fee imposed by this section shall
18preempt and supersede any tax imposed on each municipal waste
19landfill or resource recovery facility under the act of December 
2031, 1965 (P.L.1257, No.511), known as The Local Tax Enabling
21Act, which is in excess of the amount imposed on or before
22December 31, 1987.

23(e) County options.--Nothing in this act shall prevent a
24host county from negotiating a fee or fee in a different form,
25if the host county and the operator of the municipal waste
26landfill or resource recovery agree in writing. Any county which
27has negotiated a fee as of the effective date of this act may
28require that the fee be continued.

29Section 1302. Form and timing of host municipality benefit fee
30payment.

1(a) Quarterly payment.--Each operator subject to section
21301 shall make the host municipality benefit fee payment and 
3the affected municipality benefit fee payment quarterly. The fee
4shall be paid on or before the 20th day of April, July, October
5and January for the three months ending the last day of March,
6June, September and December.

7(b) Quarterly reports.--Each host municipality benefit fee
8payment and affected municipality benefit fee payment shall be
9accompanied by a form prepared and furnished by the department
10and completed by the operator. The form shall state the weight
11or volume of solid waste received by the landfill or facility
12during the payment period and provide any other information
13deemed necessary by the department to carry out the purposes of
14this act. The form shall be signed by the operator. A copy of
15the form shall be sent to the department at the same time that
16the fee and form are sent to the host municipality and affected 
17municipality.

18(c) Timeliness of payment.--An operator shall be deemed to
19have made a timely payment of the host municipality benefit fee
20if all of the following are met:

21(1) The enclosed payment is for the full amount owed
22pursuant to this section, and no further host municipality or 
23affected municipality action is required for collection.

24(2) The payment is accompanied by the required form and
25such form is complete and accurate.

26(3) The letter transmitting the payment that is received
27by the host municipality and affected municipality is
28postmarked by the United States Postal Service on or prior to
29the final day on which the payment is to be received.

30(d) Discount.--Any operator that makes a timely payment of

1the host municipality benefit fee and the affected municipality 
2benefit fee as provided in this section shall be entitled to
3credit and apply against the fee payable by him a discount of 1%
4of the amount of the fee collected by him.

5(e) Alternative proof.--For purposes of this section,
6presentation of a receipt indicating that the payment was mailed
7by registered or certified mail on or before the due date shall
8be evidence of timely payment.

9Section 1303. Collection and enforcement of fee.

10(a) Interest.--If an operator fails to make a timely payment
11of the host municipality benefit fee or the affected 
12municipality benefit fee, the operator shall pay interest on the
13unpaid amount due at the rate established pursuant to section
14806 of the act of April 9, 1929 (P.L.343, No.176), known as The
15Fiscal Code, from the last day for timely payment to the date
16paid.

17(b) Additional penalty.--In addition to the interest
18provided in subsection (a), if an operator fails to make timely
19payment of the host municipality benefit fee or the affected 
20municipality benefit fee, there shall be added to the amount of
21fee actually due 5% of the amount of such fee, if the failure to
22file a timely payment is for not more than one month, with an
23additional 5% for each additional month, or fraction thereof,
24during which such failure continues, not exceeding 25% in the
25aggregate.

26(c) Assessment notices.--If the host municipality determines
27that any operator of a municipal waste landfill or resource
28recovery facility has not made a timely payment of the host
29municipality benefit fee or the affected municipality benefit 
30fee, it will send a written notice for the amount of the

1deficiency to such operator within 30 days from the date of
2determining such deficiency. When the operator has not provided
3a complete and accurate statement of the weight or volume of
4solid waste received at the landfill or facility for the payment
5period, the host municipality may estimate the weight or volume
6in its deficiency notice.

7(d) Constructive trust.--All host municipality benefit fees
8or affected municipality benefit fees collected by an operator
9and held by such operator prior to payment to the host
10municipality or affected municipality shall constitute a trust
11fund for the host municipality and the affected municipality,
12and such trust shall be enforceable against such operator, its
13representatives and any person receiving any part of such fund
14without consideration or with knowledge that the operator is
15committing a breach of the trust. However, any person receiving
16payment of lawful obligation of the operator from such fund
17shall be presumed to have received the same in good faith and
18without any knowledge of the breach of trust.

19(e) Manner of collection.--The amount due and owing under
20section 1301 shall be collectible by the host municipality or 
21the affected municipality in the manner provided in section
221709.

23(f) Remedies cumulative.--The remedies provided to host
24municipalities or the affected municipalities in this section
25are in addition to any other remedies provided at law or in
26equity.

27Section 1304. Records.

28Each operator that is required to pay the host municipality
29benefit fee or the affected municipality benefit fee shall keep
30daily records of all deliveries of solid waste to the landfill

1or facility, as required by the host municipality, including,
2but not limited to, the name and address of the hauler, the
3source of the waste, the kind of waste received and the weight
4or volume of the waste. Such records shall be maintained in
5Pennsylvania by the operator for no less than five years and
6shall be made available to the host municipality for inspection
7upon request.

8Section 1305. Surcharge.

9The provisions of any law to the contrary notwithstanding,
10the operator of any municipal waste landfill or resource
11recovery facility subject to section 1301 may collect the host
12municipality benefit fee and the affected municipality benefit 
13fee as a surcharge on any fee schedule established pursuant to
14law, ordinance, resolution or contract for solid waste disposal
15or processing operations at the landfill or facility. In
16addition, any person who collects or transports solid waste
17subject to the host municipality benefit fee and the affected 
18municipality benefit fee to a municipal waste landfill or
19resource recovery facility subject to section 1301 may impose a
20surcharge on any fee schedule established pursuant to law,
21ordinance, resolution or contract for the collection or
22transportation of solid waste to the landfill or facility. The
23surcharge shall be equal to the increase in processing or
24disposal fees at the landfill or facility attributable to the
25host municipality benefit fee. However, interest and penalties
26on the fee under section 1303(a) and (b) may not be collected as
27a surcharge.

28Section 1510. Lead acid batteries.

29* * *

30(f) Enforcement.--The Department of Environmental

1[Resources] Protection shall enforce this section.

2Section 8. The act is amended by adding a section to read:

3Section 1716. Multiple violations.

4(a) General rule.--An operator of a municipal waste landfill
5that is found to have engaged in a significant violation of the
6provisions of this act or the Solid Waste Management Act on
7three separate occasions within a five-year period may not be
8granted a new permit, permit expansion or permit modification by
9the department for a period of five years. Prior to the
10adjudication of a third violation, the department shall notify
11the operator of its intention to proceed pursuant to this
12section before the Environmental Hearing Board.

13(b) Notice.--No action may be commenced under this section
14prior to 60 days after the department has given notice of the
15third violation to the host municipality, to any affected
16municipality and to any alleged violator of this act, of any
17other environmental protection act or of the regulations or
18orders of the department that have allegedly been violated.

19(c) Definition.--As used in this section, the term 
20"significant violation" means a violation that may harm or 
21threaten to seriously harm the environment, harm or threaten to 
22seriously harm public health or safety, or interfere with or 
23jeopardize the integrity of the monitoring system used by an 
24agency.

25Section 9. Section 1901 of the act is amended to read:

26Section 1901. Report to General Assembly.

27The Secretary of Environmental [Resources] Protection shall
28prepare a report to the General Assembly concerning the
29implementation of this act and the success of county and
30municipal recycling programs. This report shall be transmitted

1to the General Assembly no later than April 1, 1991, and shall
2be revised, and modified if necessary, at least once every three
3years thereafter.

4Section 10. The amendment of sections 1111(b) and (d), 1301,
51302, 1303, 1304 and 1305 of the act shall only be applicable to
6the siting of new municipal waste landfills which are issued
7permits for operation after the effective date of this section.

8Section 11. This act shall take effect in 60 days.