Bill Text: PA SB826 | 2011-2012 | Regular Session | Introduced


Bill Title: Adding definitions; and further providing for submission of plans and permits, for permits and licenses required, for granting of permits and licenses and for bonds.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2011-03-14 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [SB826 Detail]

Download: Pennsylvania-2011-SB826-Introduced.html

  

 

    

PRINTER'S NO.  844

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

826

Session of

2011

  

  

INTRODUCED BY BOSCOLA, RAFFERTY, FONTANA AND FERLO, MARCH 14, 2011

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 14, 2011  

  

  

  

AN ACT

  

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

 


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

- 2 -

 


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

- 3 -

 


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

- 4 -

 


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:

- 5 -

 


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

- 6 -

 


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

- 7 -

 


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

- 8 -

 


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

- 9 -

 


1

a period of one year after the expiration of the license.

2

* * *

3

Section 5.  This act shall take effect in 60 days.

- 10 -

 


feedback