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

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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

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PRINTER'S NO. 844
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 826 Session of2011
INTRODUCED BY BOSCOLA, RAFFERTY, FONTANA AND FERLO, MARCH 14, 2011
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 14, 2011
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Resources to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Affected municipality." A municipality within one mile of a
proposed municipal waste landfill, that is on an approach route
to a municipal waste landfill regulated by this act or that is
otherwise adversely impacted by a facility.
* * *
"Host municipality." The municipality other than the county
within which a municipal waste landfill is located or is
proposed to be located.
* * *
Section 2. Sections 502 and 503 of the act are amended by
adding subsections to read:
Section 502. Permit and license application requirements.
* * *
(d.1) The application shall include all records, reports,
information and dispositions relating to violations of 75
Pa.C.S. Pt. IV (relating to vehicle characteristics). Such
information shall be considered by the department when
considering an application under this section.
* * *
Section 503. Granting, denying, renewing, modifying, revoking
and suspending permits and licenses.
* * *
(b.1) No permit shall be issued for the siting of a new
municipal waste landfill or the expansion of an existing
municipal waste landfill in a municipality where a referendum
has been conducted pursuant to section 504.1 and the electorate
has voted against the siting of a new municipal waste landfill
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or the expansion of an existing municipal waste landfill.
* * *
(c.1) In carrying out the provisions of this act, the
department may deny, suspend, modify or revoke any permit or
license if it finds that the applicant, permittee or licensee
has failed or continues to fail to comply with the provisions of
75 Pa.C.S. Pt. IV (relating to vehicle characteristics).
* * *
(f) (1) Any permit issued under this act for the operation
of a municipal waste landfill shall be issued for a fixed
term consistent with the approved operation and design plans
of a municipal waste landfill and may not exceed ten years.
No municipal waste may be disposed of or processed at such a
landfill after the expiration of the permit term. Expiration
of the permit term shall not limit the operator's
responsibility for complying with the provisions under this
act, the environmental protection acts, regulations
thereunder or the terms or conditions of the permit.
(2) The department shall, from time to time, but at
intervals not to exceed two years, review a permit issued to
a municipal waste landfill under this act. In its review, the
department shall evaluate the permit to determine whether it
reflects currently applicable operating requirements as well
as current technology and management practices. The
department may require modification, suspension or revocation
of the permit when necessary to carry out the purposes of
this act or the environmental protection acts.
Section 3. The act is amended by adding a section to read:
Section 504.1. Referendum on siting of municipal waste
landfills or expansion of existing municipal waste
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landfills.
(a) Prior to the approval of an application for a permit to
operate a municipal waste landfill or a permit to expand an
existing municipal waste landfill's capacity by the governing
body or the department, the county board of elections shall
conduct a binding referendum in the host municipality and all
affected municipalities. The department shall not issue such a
permit if a majority of the municipalities participating in the
referendum reject the proposed siting or expansion by a majority
vote of the electors in each municipality.
(b) The binding referendum shall be conducted at the first
primary, municipal or general election occurring at least 60
days after the department has notified the host county that it
has received an application for a permit to operate a municipal
waste landfill or to expand the capacity of an existing
facility.
(c) The results of the binding referendum shall be
transmitted to the department, the governing body of the county,
the host municipality and all affected municipalities.
(d) Procedures under this section shall be in accordance
with the act of June 3, 1937 (P.L.1333, No.320), known as the
"Pennsylvania Election Code."
Section 4. Section 505(a), (b) and (e) of the act are
amended and the section is amended by adding a subsection to
read:
Section 505. Bonds.
(a) With the exception of municipalities operating landfills
solely for municipal waste not classified hazardous, prior to
the commencement of operations, the operator of a municipal or
residual waste processing or disposal facility or of a hazardous
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waste storage, treatment or disposal facility for which a permit
is required by this section shall file with the department a
bond for the land affected by such facility on a form prescribed
and furnished by the department. Such bond shall be payable to
the Commonwealth and conditioned so that the operator shall
comply with the requirements of this act, the act of June 22,
1937 (P.L.1987, No.394), known as "The Clean Streams Law," the
act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
Mining Conservation and Reclamation Act," the act of January 8,
1960 (1959 P.L.2119, No.787), known as the "Air Pollution
Control Act," and the act of November 26, 1978 (P.L.1375,
No.325), known as the "Dam Safety and Encroachments Act." The
department may require additional bond amounts for the permitted
areas should such an increase be determined by the department to
be necessary to meet the requirements of this act. The amount of
the bond required shall be in an amount determined by the
secretary based upon the total estimated cost to the
Commonwealth of completing final closure according to the permit
granted to such facility and such measures as are necessary to
prevent adverse effects upon the environment; such measures
include but are not limited to satisfactory monitoring, post-
closure care, and remedial measures. The bond amount shall
reflect the additional cost to the Commonwealth which may be
entailed by being required to bring personnel and equipment to
the site. All permits shall be bonded for at least [$10,000]
$50,000. Liability under such bond shall be for the duration of
the operation, and for a period of up to [ten] 15 full years
after final closure of the permit site. Such bond shall be
executed by the operator and a corporate surety licensed to do
business in the Commonwealth and approved by the secretary:
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Provided, however, That the operator may elect to deposit cash,
certificates of deposit, automatically renewable irrevocable
letters of credit which are terminable only upon 90 days written
notice to the operator and the department, or negotiable bonds
of the United States Government or the Commonwealth of
Pennsylvania, the Pennsylvania Turnpike Commission, the General
State Authority, the State Public School Building Authority, or
any municipality within the Commonwealth, with the department in
lieu of a corporate surety. The cash amount of such deposit,
irrevocable letters of credit or market value of such securities
shall be equal at least to the sum of the bond. The secretary
shall, upon receipt of any such deposit of cash or negotiable
bonds, immediately place the same with the State Treasurer,
whose duty it shall be to receive and hold the same in the name
of the Commonwealth, in trust, for the purposes for which such
deposit is made. The State Treasurer shall at all times be
responsible for the custody and safekeeping of such deposits.
The operator making the deposit shall be entitled from time to
time to demand and receive from the State Treasurer, on the
written order of the secretary, the whole or any portion of any
collateral so deposited, upon depositing with him, in lieu
thereof, other collateral of the classes herein specified having
a market value at least equal to the sum of the bond, also to
demand, receive and recover the interest and income from said
negotiable bonds as the same becomes due and payable: Provided,
however, That where negotiable bonds, deposited as aforesaid,
mature or are called, the State Treasurer, at the request of the
permittee, shall convert such negotiable bonds into such other
negotiable bonds of the classes herein specified as may be
designated by the permittee: And provided further, That where
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notice of intent to terminate a letter of credit is given, the
department shall, after 30 days written notice to the operator
and in the absence of a replacement of such letter of credit
within such 30-day period by the operator with other acceptable
bond guarantees provided herein, draw upon and convert such
letter of credit into cash and hold it as a collateral bond
guarantee. In addition to criteria contained in department
regulations relating to the adjustment of bond or trust amounts
and bond forfeiture, the department may require an operator to
deposit additional bond or trust amounts based on the compliance
history of the facility.
(a.1) The department may provide by regulation that the
amount of the bond required reflect the potential liabilities
and costs associated with the transportation of solid waste to a
facility.
(b) In the case of applications for permits where the
department determines that the operations are reasonably
anticipated to continue for a period of at least ten years from
the date of application, the operator may elect to deposit
collateral and file a collateral bond as provided in subsection
(a) according to the following phase deposit schedule. The
operator shall, prior to commencing operations, deposit [$10,000
or 25%] $50,000 or 50% of the amount of the bond determined
under subsection (a), whichever is greater. The operator shall,
thereafter, annually deposit 10% of the remaining bond amount
for a period of ten years. Interest accumulated by such
collateral shall become a part of the bond. The department may
require additional bonding at any time to meet the intent of
subsection (a). The collateral shall be deposited in trust, with
the State Treasurer as provided in subsection (a) or with a
20110SB0826PN0844 - 7 -
bank, selected by the department, which shall act as trustee for
the benefit of the Commonwealth, according to rules and
regulations promulgated hereunder, to guarantee the operator's
compliance with this act and the statutes enumerated in
subsection (a). The operator shall be required to pay all costs
of the trust. The collateral deposit, or part thereof, shall be
released of liability and returned to the operator, together
with a proportional share of accumulated interest, upon the
conditions of and pursuant to the schedule and criteria for
release provided in this act.
* * *
(e) Prior to the issuance of any license for the
transportation of hazardous waste, the applicant for a license
shall file with the department a collateral bond on a form
prescribed and furnished by the department. Such bond shall be
payable to the Commonwealth and conditioned upon compliance by
the licensee with every requirement of this act, rule and
regulation of the department, order of the department and term
and condition of the license. The amount of the bond required
shall be in an amount determined by the secretary, but in an
amount no less than [$10,000] $50,000. The department may
require additional bond amounts if the department determines
such additional amounts are necessary to guarantee compliance
with this act. The licensee may elect to deposit cash or
automatically renewable irrevocable letters of credit which are
terminable only upon 90 days written notice to the operator and
the department, or negotiable bonds of the United States
Government or the Commonwealth of Pennsylvania, the Pennsylvania
Turnpike Commission, the General State Authority, the State
Public School Building Authority, or any municipality within the
20110SB0826PN0844 - 8 -
Commonwealth. No corporate surety bond is authorized by this
subsection. The cash amount of such deposit, irrevocable letters
of credit, or market value of such securities shall be equal at
least to the sum of the bond. The secretary shall, upon receipt
of any such deposit of cash or negotiable bonds, immediately
place the same with the State Treasurer, whose duty it shall be
to receive and hold the same in the name of the Commonwealth, in
trust, for the purposes for which such deposit is made. The
State Treasurer shall at all times be responsible for the
custody and safekeeping of such deposits. The licensee making
the deposit shall be entitled from time to time to demand and
receive from the State Treasurer, on the written order of the
secretary, the whole or any portion of any collateral so
deposited, upon depositing with him, in lieu thereof, other
collateral of the classes herein specified having a market value
at least equal to the sum of the bond, also to demand, receive
and recover the interest and income from said negotiable bonds
as the same becomes due and payable: Provided, however, That
where negotiable bonds, deposited as aforesaid, mature or are
called, the State Treasurer, at the request of the licensee,
shall convert such negotiable bonds into such other negotiable
bonds of the classes herein specified as may be designated by
the licensee: And provided further, That where notice of intent
to terminate a letter of credit is given, the department shall,
after 30 days written notice to the licensee and in the absence
of a replacement of such letter of credit within such 30-day
period by the licensee with other acceptable bond guarantees
provided herein, draw upon and convert such letter of credit
into cash and hold it as a collateral bond guarantee. Liability
under such bond shall be for the duration of the license and for
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a period of one year after the expiration of the license.
* * *
Section 5. This act shall take effect in 60 days.
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