380
    Act 1980-97
    LAWS OF PENNSYLVANIA
    No. 1980-97
    AN ACT
    HB 1840
    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 jurisdic-
    tions; 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, treat-
    ment, 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, stan-
    dards and procedures; granting powers to and imposing duties upon county
    health departments; providing remedies; prescribing penalties; and estab-
    lishing a fund.
    TABLE OF CONTENTS
    Article I. General Provisions
    Short title.
    Legislative finding; declaration of policy.
    Definitions.
    Powers and duties of the department.
    Powers and duties of the Environmental Quality
    Board.
    Powers and duties of county health departments;
    limitation.
    Section 107. Legislative oversight~,
    Section 108. Powers and duties of the Environmental Hearing
    Board.
    Article II. Municipal Waste
    Section 201. Submission of plans; permits.
    Section 202. Powers and duties of municipalities.
    Section 203. Grants authorized.
    Article Ill. Residual Waste
    Section 301. Management of residual waste.
    Section 302. Disposal, processing and storage of residual waste.
    Section 303. Transportation of residual waste.
    Article IV. Hazardous Waste
    disposal of hazardous waste.
    Section 404. Transition scheme.
    Section 405. Conveyance of disposal site property.
    Section 101.
    Section 102.
    Section 103.
    Section 104.
    Section 105.
    Section 106.
    Section 401.
    Section 402.
    Section 403.
    Management of hazardous waste.
    Listing of hazardous waste.
    Generation, transportation, storage, treatment and

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    Article V. Applications and Permits
    Section 501. Permits and licenses required; transition scheme;
    reporting requirements.
    Permit and license application requirements.
    Granting, denying, renewing, modifying, revoking
    and suspending permits and licenses.
    Approval by governing body.
    Bonds.
    Financial responsibility.
    Siting of hazardous waste treatment and disposal
    facilities.
    Article VI. Enforcement and Remedies
    Section 601.
    Section 602.
    Section 603.
    Section 604.
    Section 605.
    Section 606.
    Section 607.
    Section 608.
    Section 609.
    Section 610.
    Section 611.
    Section 612.
    Section 613.
    Section 614.
    Section 615.
    Section 616.
    Section 617.
    Public nuisances.
    Enforcement orders.
    Duty to comply with orders of the department.
    Restraining violations.
    Civil penalties.
    Criminal penalties.
    Existing rights and remedies preserved; cumulative
    remedies authorized.
    Production of materials; recordkeeping requirements;
    rights of entry.
    Search warrants.
    Unlawful conduct.
    Presumption of law for civil and administrative
    proceedings.
    Collection of fines and penalties.
    Recovery of costs of abatement.
    Forfeiture of contraband.
    Right of citizen to intervene in proceedings.
    Notice of proposed settlement.
    Limitation on action.
    Article VII. Solid Waste Abatement Fund
    Section 701. Solid Waste Abatement Fund.
    Article VIII. Leasing Real Estate
    Section 801. No prohibition against leasing real estate.
    Article IX. Liberal Construction
    Section 901. Construction of act.
    Article X. Repealer; Effective Date
    Section 1001.
    Section 1002.
    Section 1003.
    Repeal.
    Severability.
    Effective date.
    Section 502.
    Section 503.
    Section
    Section
    Section
    Section
    504.
    505.
    506.
    507.

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    Act 1980-97
    LAWS OF PENNSYLVANIA
    The General Assembly of the Commonwealth of Pennsylvania
    hereby enacts as follows:
    ARTICLE I
    GENERAL PROVISIONS
    Section 101. Short title.
    This act shall be known and may be cited as the “Solid Waste
    Management Act.”
    Section 102. Legislative finding; declaration of policy.
    The Legislature hereby determines, declares and finds that, since
    improper and inadequate solid waste practices create public health
    hazards, environmental pollution, a:rid economic loss, and cause irrep-
    arable harm to the public health, safety and welfare, it is the purpose
    of this act to:
    (1) establish and maintain a cooperative State and local program
    of planning and technical and financial assistance for comprehensive
    solid waste management;
    (2) encourage the development of resource recovery as a means
    of managing solid waste, conserving resources, and supplying
    energy;
    (3) require permits for the operation of municipal and residual
    waste processing and disposal systems, licenses for the trans-
    portation of hazardous waste and permits for hazardous waste
    storage, treatment, and disposal;
    (4) protect the public health, safety and welfare from the short
    and long term dangers of transportation, processing, treatment,
    storage, and disposal of all wastes;
    (5) provide a flexible and effective means to implement and
    enforce the provisions of this act;
    (6) establish the Pennsylvania Hazardous Waste Facilities Plan,
    which plan shall address the present and future needs for the treat-
    ment and disposal of hazardous waste in this Commonwealth;
    (7) develop an inventory of the nature and quantity of
    hazardous waste generated within this Commonwealth or disposed
    of within this Commonwealth, wherever generated;
    (8) project the nature and quantity of hazardous waste that will
    be generated within this Commonwealth in the next 20 years or will
    be disposed of within this Commonwealth, wherever generated;
    (9) provide a mechanism to establish hazardous waste facility
    sites;
    (10) implement Article I, section 27 of the Pennsylvania Consti-
    tution; and
    (11) utilize, wherever feasible, the capabilities of private enter-
    prise in accomplishing the desired objectives of an effective,
    comprehensive solid waste management program.

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    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:
    “Abatement.” The restoration, reclamation, recovery, etc., of a
    natural resource adversely affected by the activity of a person,
    permittee or municipality.
    “Agricultural waste.” Poultry and livestock manure, or residual
    materials in liquid or solid form generated in the production and
    marketing of poultry, livestock, fur bearing animals, and their
    products, provided that such agricultural waste is not hazardous. The
    term includes the residual materials generated in producing,
    harvesting, and marketing of all agronomic, horticultural, and
    silvicultural crops or commodities grown on what are usually recog-
    nized and accepted as farms, forests, or other agricultural lands.
    “Captive facilities.” Facilities which are located upon lands owned
    by a generator of hazardous waste and which are operated to provide
    for the treatment or disposal solely of such generator’s hazardous
    waste.
    “Commercial establishment.” Any establishment engaged in
    nonmanufacturing or nonprocessing business, including, but not
    limited to, stores, markets, office buildings, restaurants, shopping
    centers and theaters.
    “Commonwealth.” The Commonwealth of Pennsylvania.
    “Department.” The Department of Environmental Resources of
    the Commonwealth of Pennsylvania and its authorized representatives.
    “Disposal.” The incineration, deposition, injection, dumping,
    spilling, leaking, or placing of solid waste into or on the land or water
    in a manner that the solid waste or a constituent of the solid waste
    enters the environment, is emitted into the air or is discharged to the
    waters of the Commonwealth.
    “Food processing waste.” Residual materials in liquid or solid
    form generated in the slaughtering of poultry and livestock, or in
    processing and converting fish, seafood, milk, meat, and eggs to food
    products; it also means residual materials generated in the processing,
    converting, or manufacturing of fruits, vegetables, crops and other
    commodities into marketable food items.
    “Food processing wastes used for agricultural purposes.” The use
    of food processing wastes in normal farming operations as defined in
    this section.
    “Hazardous waste.” Any garbage, refuse, sludge from an indus-
    trial or other waste water treatment plant, sludge from a water supply
    treatment plant, or air pollution control facility and other discarded
    material including solid, liquid, semisolid or contained gaseous mate-
    rial resulting from municipal, commercial, industrial, institutional,
    mining, or agricultural operations, and from community activities, or
    any combination of the above, (but does not include solid or dissolved

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    material in domestic sewage, or solid or dissolved materials in irriga-
    tion return flows or industrial discharges which are point sources
    subject to permits under
    §
    402 of the Federal Water Pollution Control
    Act, as amended (86 Stat. 880) or source, special nuclear, or by-
    product material as defined by the U.S. Atomic Energy Act of 1954,
    as amended (68 Stat. 923)), which because of its quantity, concentra-
    tion, or physical, chemical, or infectious characteristics may:
    (1) cause or significantly contribute to an increase in mortality
    or an increase in morbidity in either an individual or the total
    population; or
    (2) pose a substantial present or potential hazard to human
    health or the environment when improperly treated, stored, trans-
    ported, disposed of or otherwise managed.
    The term “hazardous waste” shall not include coal refuse as defined
    in the act of September 24, 1968 (P.L.1040, No.318), known as the
    “Coal Refuse Disposal Control Act.” “Hazardous waste” shall not
    include treatment sludges from coal mine drainage treatment plants,
    disposal of which is being carried
    Ofl
    pursuant to and in compliance
    with a valid permit issued pursuant to the act of June 22, 1937
    (P.L.1987, No.394), known as “The Clean Streams Law.”
    “Industrial establishment.” Any establishment engaged in manu-
    facturing or processing, including, but not limited to factories, foun-
    dries, mills, processing plants, refineries, mines and slaughterhouses.
    “Institutional establishment.” Any establishment engaged in
    service, including, but not limited to, hospitals, nursing homes,
    orphanages, schools and universities..
    “Management.” The entire process, or any part thereof, of
    storage, collection, transportation, processing, treatment, and disposal
    of solid wastes by any person engaging in such process.
    “Manifest system.” A written record identifying the quantity,
    composition, origin, routing, and destination of hazardous waste from
    the point of generation to the point of disposal, treatment or storage.
    “Mine.” Any deep or surface mine, whether active, inactive or
    abandoned.
    “Mining.” The process of the extraction of minerals from the
    earth or from waste or stockpiles or from pits or banks.
    “Municipality.” A city, borough, incorporated town, township or
    county or any authority created by any of the foregoing.
    “Municipal waste.” Any garbage, refuse, industrial lunchroom or
    office waste and other material including solid, liquid, semisolid or
    contained gaseous material resulting from operation of residential,
    municipal, commercial or institutional establishments and from
    community activities and any sludge not meeting the definition of
    residual or hazardous waste hereunder from a municipal, commercial
    or institutional water supply treatment plant, waste water treatment
    plant, or air pollution control facility.

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    “Normal farming operations.” The customary and generally
    accepted activities, practices and procedures that farms adopt, use, or
    engage in year after year in the production and preparation for market
    of poultry, livestock, and their products; and in the production,
    harvesting and preparation for market of agricultural, agronomic,
    horticultural, silvicultural and aquicultural crops and commodities;
    provided that such operations are conducted in compliance with appli-
    cable laws, and provided that the use or disposal of these materials
    will not pollute the air, water, or other natural resources of the
    Commonwealth. It includes the storage and utilization of agricultural
    and food process wastes for animal feed, and includes the agricultural
    utilization of septic tank cleanings and sewage sludges which are
    generated off-site. It includes the management, collection, storage,
    transportation, use or disposal of manure, other agricultural waste
    and food processing waste on land where such materials will improve
    the condition of the soil, the growth of crops, or in the restoration of
    the land for the same purposes.
    “Person.” Any individual, partnership, corporation, association,
    institution, cooperative enterprise, municipal authority, Federal
    Government or agency, State institution and agency (including, but
    not limited to, the Department of General Services and the State
    Public School Building Authority), or any other legal entity whatso-
    ever which is recognized by law as the subject of rights and duties. In
    any provisions of this act prescribing a fine, imprisonment or penalty,
    or any combination of the foregoing, the term “person” shall include
    the officers and directors of any corporation or other legal entity
    having officers and directors.
    “Point sources subject to permits under
    §
    402 of the Federal Water
    Pollution Control Act.” Point source discharges for which valid and
    current permits have been issued under
    §
    402 of the Federal Water
    Pollution Control Act, as amended (86 Stat. 880) to the extent that
    such discharges are authorized by said permits.
    “Pollution.” Contamination of any air, water, land or other
    natural resources of the Commonwealth such as will create or is likely
    to create a public nuisance or to render such air, water, land or other
    natural resources harmful, detrimental or injurious to public health,
    safety or welfare, or to domestic, municipal, commercial, industrial,
    agricultural, recreational or other legitimate beneficial uses, or to
    livestock, wild animals, birds, fish or other life.
    “Processing.” Any technology used for the purpose of reducing
    the volume or bulk of municipal or residual waste or any technology
    used to convert part or all of such waste materials for off-site reuse.
    Processing facilities include but are not limited to transfer facilities,
    composting facilities, and resource recovery facilities.
    “Residual waste.” Any garbage, refuse, other discarded material
    or other waste including solid, liquid, semisolid, or contained gaseous
    materials resulting from industrial, mining and agricultural operations

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    and any sludge from an industrial, mining or agricultural water supply
    treatment facility, waste water treatment facility or air pollution
    control facility, provided that it is not hazardous. The term “residual
    waste” shall not include coal refuse as defined in the “Coal Refuse
    Disposal Control Act.” “Residual waste” shall not include treatment
    sludges from coal mine drainage treatment plants, disposal of which is
    being carried on pursuant to and in compliance with a valid permit
    issued pursuant to “The Clean Streams Law.”
    “Secretary.” The Secretary of the Department of Environmental
    Resources of the Commonwealth of Pennsylvania.
    “Solid waste.” Any waste, including but not limited to, munic-
    ipal, residual or hazardous wastes, including solid, liquid, semisolid or
    contained gaseous materials.
    “Storage.” The containment of any waste on a temporary basis in
    such a manner as not to constitute disposal of such waste. It shall be
    presumed that the containment of any waste in excess of one year
    constitutes disposal. This presumption can be overcome by clear and
    convincing evidence to the contrary.
    “Transportation.” The off-site removal of any solid waste at any
    time after generation.
    “Treatment.” Any method, technique, or process, including
    neutralization, designed to change the physical, chemical, or biological
    character or composition of any waste so as to neutralize such waste
    or so as to render such waste nonhazardous, safer for transport,
    suitable for recovery, suitable for storage, or reduced in volume. Such
    term includes any activity or processing designed to change the phys-
    ical form or chemical composition of waste so as to render it neutral
    or nonhazardous.
    Section 104. Powers and duties of the department.
    The department in consultation with the Department of Health
    regarding matters of public health significance shall have the power
    and its duty shall be to:
    (1) administer the solid waste management program pursuant to
    the provisions of this act;
    (2) cooperate with appropriate Federal, State, interstate and
    local units of government and with appropriate private organiza-
    tions in carrying out its duties under this act;
    (3) develop a Statewide solid waste management plan in cooper-
    ation with local governments, the Department of Community
    Affairs, the Department of Commerce and the State Planning
    Board; emphasis shall be given to a:rea-wide planning;
    (4) provide technical assistance to municipalities including the
    training of personnel;
    (5) initiate, conduct, and support research, demonstration
    projects, and investigations, and coordinate all State agency
    research programs, pertaining to solid waste management systems;

    SESSION OF 1980
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    387
    (6) regulate the storage, collection, transportation, processing,
    treatment and disposal of solid waste;
    (7) issue permits, licenses and orders, and specify the terms and
    conditions thereof, and conduct inspections and abate public
    nuisances to implement the. purposes and provisions of this act and
    the rules, regulations and standards adopted pursuant to this act;
    (8) require the payment of a fee according to a standard
    uniform schedule of permit and license fees for the processing of
    any permit or license application. Permit and license fees shall be in
    an amount sufficient to cover the aggregate cost of reviewing all
    applications, acting on all applications, processing all renewals, and
    administering all the terms and conditions of all permits and all
    provisions of this act relating thereto;
    (9) serve as the agency of the Commonwealth for the receipt of
    moneys from the Federal Government or other public agencies or
    private agencies and expend such moneys for studies and research
    with respect to, and for the enforcement and administration of, the
    purposes and provisions of this act and the rules and regulations
    promulgated thereunder;
    (10) institute in a court of competent jurisdiction, proceedings
    against any person or municipality to compel compliance with the
    provisions of this act, any rule or regulation issued thereunder, any
    order of the department, or the terms and conditions of any permit;
    (11) institute prosecutions against any person or municipality
    under this act;
    (12) appoint such advisory committees as the secretary deems
    necessary and proper to assist the department in carrying out the
    provisions of this act. The secretary is authorized to pay reasonable
    and necessary expenses incurred by the members of such advisory
    committees in carrying out their functions;
    (13) do any and all other acts and things not inconsistent with
    any provision of this act, which it may deem necessary or proper
    for the effective enforcement of this act and the rules or regulations
    which may be promulgated hereunder after consulting with the
    Department of Health regarding matters of public health signifi-
    cance;
    (14) develop, prepare and submit to the Environmental Quality
    Board, within two years after the effective date of this act, its
    proposed Pennsylvania Hazardous Waste Facilities Plan;
    (15) develop, prepare and publish in the Pennsylvania Bulletin
    six months after the effective date of this act its preliminary envi-
    ronmental, social and economic criteria and standards for siting
    hazardous waste treatment and disposal facilities;
    (16) require the payment of such annual inspection fees and
    perform such inspections of hazardous waste treatment and disposal
    facilities as are provided for in the Environmental Quality Board
    guidelines adopted pursuant to section
    105(e).
    This provision shall

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    not be construed to limit or restrict the department’s inspection
    powers as elsewhere set forth in this act; and
    (17) administer funds collected. by the United States Government
    and granted to Pennsylvania for the purpose of closing, maintaining
    or monitoring abandoned or closed hazardous waste storage, treat-
    ment or disposal sites and for the purpose of action to abate or
    prevent pollution at such sites. If Congress has not authorized the
    collection of such funds within one year after the effective date of
    this act, or if the department finds that the funding program autho-
    rized is inadequate, the departm.ent shall transmit to the General
    Assembly within 15 months after the effective date of this act a
    proposal for the establishment of a fund in Pennsylvania comprised
    of surcharges collected from users of hazardous waste storage, treat-
    ment and disposal facilities excluding captive facilities in the
    Commonwealth. Such fund shall be proposed for the purpose of
    closing, maintaining or monitoring hazardous waste storage, treat-
    ment or disposal sites excluding captive facilities which have been
    abandoned or which have been closed for at least 20 years, and for
    the purpose of taking action to abate or prevent pollution at such
    closed or abandoned sites.
    Section 105. Powers and duties of the Environmental Quality Board.
    (a) The Environmental Quality Board shall have the power and its
    duty shall be to adopt the rules and regulations of the department to
    accomplish the purposes and to carry out the provisions of this act,
    including but not limited to the establishment of rules and regulations
    relating to the protection of safety, health, welfare and property of
    the public and the air, water and other natural resources of the
    Commonwealth.
    (b) The Environmental Quality Board shall, by regulation, set the
    term of expiration of permits and licenses appropriate to the category
    of the permit or license.
    (c) The Environmental Quality Board shall have the power and its
    duty shall be to adopt rules and regulations and standards to provide
    for the coordination of administration and enforcement of this act
    between the Department of Environmental Resources and county
    health departments where they exist.
    (d) The Environmental Quality Board shall have the power and its
    duty shall be to adopt a Pennsylvania Hazardous Waste Facilities
    Plan.
    (e) The Environmental Quality Board shall have the power and its
    duty shall be to adopt guidelines which shall:
    (1) Provide for the necessary inspection of hazardous waste
    treatment and disposal facilities considering the degree of hazard
    and the quantity of wastes handled.
    (2) Establish an inspection fee based on the frequency of inspec-
    tion provided for in paragraph (1).

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    389
    (3) Encourage cooperative agreements between local commu-
    nities and the hazardous waste facility operators to minimize local
    concerns regarding the operation of the facility.
    (f) In addition to exercising its powers and duties under
    section 1920-A of the act of April 9, 1929 (P.L.177, No.175), known
    as “The Administrative Code of 1929,” the Environmental Quality
    Board shall have the power and its duty shall be to assist in the
    implementation of the Pennsylvania Hazardous Waste Facilities Plan
    through the issuance of certificates of public necessity for the estab-
    lishment of hazardous waste treatment or disposal facilities. Any
    person prior to applying for a certificate of necessity shall have
    obtained all permits from the department of the Federal agency autho-
    rized to issue such permits in the Commonwealth and shall have
    implemented all impact assessments and public participation
    programs. In issuing certificates of public necessity the Environmental
    Quality Board shall:
    (1) Prescribe the form and content of applications for a certifi-
    cate of public necessity to operate a hazardous waste treatment or
    disposal facility.
    (2) Require the payment of a fee for the processing of any
    application for a certificate of public necessity. Fees shall be in an
    amount sufficient to cover the aggregate cost of reviewing the appli-
    cation and acting on it.
    (3) Issue such certificates of public necessity for the operation of
    hazardous waste treatment and disposal facilities as are warranted
    by:
    (i) the extent to which the facility is in conformance with the
    Pennsylvania Hazardous Waste Facilities Plan;
    (ii) the impact of the proposed facility on adjacent populated
    areas and areas through which wastes are transported to such
    facility;
    (iii) the impact on the borough, township, town or city in
    which the facility is to be located in terms of health, safety, cost
    and consistency with local planning; and
    (iv) the extent to which the proposed facility has been the
    subject of a public participation program in which citizens have
    had a meaningful opportunity to participate in evaluation of
    alternate sites or technologies, development of siting criteria,
    socioeconomic assessment, and all other phases of the site selec-
    tion process.
    (4) Provide the public with opportunities to comment upon the
    application for certificate of public necessity and consider the
    comments submitted.
    (5) Accept applications for certificates of public necessity only
    from persons or municipalities which have obtained the necessary
    solid waste treatment or disposal permits from the department or
    from the Federal agency authorized to issue such permits in the
    Commonwealth.

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    (g) In carrying out the powers and duties set forth in this
    subsection, the board may consult with any person and hold any
    hearings which it deems necessary and proper to enable it to render a
    decision to issue or deny the certificate of public necessity and in any
    such hearing the board shall be represented by a minimum of three
    members.
    (h) Issuance of a certificate of public necessity under this section
    shall suspend and supersede any and all local laws which would
    preclude or prohibit the establishment of a hazardous waste treatment
    or disposal facility at said site, including zoning ordinances. The
    suspension and supersession is explicitly extended to any person to
    whom such certificates issued for the purpose of hazardous waste
    treatment or disposal, and to the successors and assigns of such
    person.
    (i) During all deliberations of the board a representative of the
    county and township, borough or municipality affected will be invited
    to participate.
    (j) Regulations promulgated under this section concerning the
    generation, transportation, storage, treatment and disposal of
    hazardous wastes may, to the extent consistent with Federal regula-
    tions promulgated under the Resource Conservation and Recovery
    Act, establish classes of hazardous wastes taking into account the
    relative availability to the environment of the hazardous constituents
    in waste materials and the degree of hazard thereby presented.
    -‘
    Section 106. Powers and duties of county health departments; limita-
    tion.
    (a) The county health department where it exists of each of the
    counties of the Commonwealth may elect to administer and enforce
    any of the provisions of this act together with the department in
    accordance with the established policies, procedures, guidelines, stan-
    dards and rules and regulations of the department. Where this
    program activity exceeds the minimum program requirements adopted
    by the Advisory Health Board under the provisions of the act of
    August 24, 1951 (P.L.l304, No.3:15), known as the “Local Health
    Administration Law,” such activity may be funded through contrac-
    tual agreements with the department. The department is authorized to
    provide funds to county health departments from funds appropriated
    for this purpose by the General Assembly.
    (b) Notwithstanding the grant of powers in subsection (a), in any
    case where administration and enforcement of this act by a county
    health department shall conflict with administration and enforcement
    by the Department of Environmental Resources, administration and
    enforcement by the Department of Environmental Resources shall take
    precedence over administration and enforcement by a county health
    department.

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    391
    Section 107. Legislative oversight.
    At least 30 days prior to consideration by the Environmental
    Quality Board of draft regulations for proposed rule making, the
    department shall submit such draft regulations to the Senate Environ-
    mental Resources and House Conservation Committees of the General
    Assembly for their review and comment.
    Section 108. Powers and duties of the Environmental Hearing
    Board.
    In addition to exercising its powers and duties to hold hearings and
    issue adjudications or any order, permit, license or decision of the
    department according to the provisions of “The Administrative Code
    of 1929” and the Administrative Agency Law, the Environmental
    Hearing Board shall have the power and its duty shall be to hold, if
    requested to do so by any party to a duly perfected appeal of an oral
    order under section 602(d), to hold a hearing on any duly filed peti-
    tion for supersedeas of such order within six business days of the
    receipt of such request by the board.
    ARTICLE II
    MUNICIPAL WASTE
    Section 201. Submission of plans; permits.
    (a) No person or municipality shall store, collect, transport,
    process, or dispose of municipal waste within this Commonwealth
    unless such storage, collection, transportation, processing or disposal
    is authorized by the rules and regulations of the department and no
    person or municipality shall own or operate a municipal waste
    processing or disposal facility unless such person or municipality has
    first obtained a permit for such facility from the department.
    (b) Each municipality with a population density of 300 or more
    inhabitants per square mile and each municipality with a population
    density of less than 300 wherein the department has identified a waste
    problem or a potential waste problem shall submit to the department
    an officially adopted plan for a municipal waste management system
    or systems serving the areas within its jurisdiction within two years of
    the effective date of this section, and shall, from time to time, submit
    such revisions of said plan as it deems necessary or as the department
    may require. Nothing in this subsection shall prohibit such a munici-
    pality from requesting the county in which it is located, and the
    county or an agency it designates from agreeing, to perform this
    function in its behalf. Whenever a county prepares and adopts such a
    solid waste management plan and revisions thereto, it shall provide for
    the participation and review of all affected municipalities. Whenever a
    city, borough, incorporated town or township prepares its own solid
    waste management plan or revisions thereto, it shall provide for
    review by the county prior to adoption. All solid waste management
    plans and subsequent revisions shall become official upon formal
    adoption by the governing body of the municipality and approval and
    certification by the department.

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    (c) When more than one municipality has authority over an
    existing or proposed municipal waste management system or systems
    or any part thereof, the required plan or any revisions thereof shall be
    submitted jointly by the municipalities concerned or by an authority
    or county or by one or more of the municipalities with the concur-
    rence of the affected municipalities.
    (d) Every plan, and any revision thereof, shall delineate areas
    where municipal waste management systems are in existence and areas
    where the municipal waste management systems are planned to be
    available within a ten-year period.
    (e) Every plan shall:
    (1) Provide for the orderly extension of municipal waste
    management systems in a manner consistent with the needs and
    plans of the whole area, and in a manner which will not create a
    risk of pollution of the water, air, land or other natural resources of
    the Commonwealth, nor constitute a public nuisance, and shall
    otherwise provide for the safe and sanitary disposal of municipal
    waste.
    (2) Take into consideration all aspects of planning, zoning,
    population estimates, engineering and economics so as to delineate
    with precision those portions of the area which may reasonably be
    expected to be served by a municipal waste management system
    within ten years of the submission of the plan, as well as those areas
    where it is not reasonably foreseeable that a municipal waste
    management system will be needed within ten years of the submis-
    sion of the plan.
    (3) Take into consideration any existing State plan affecting the
    development, use and protection of air, water, land or other natural
    resources.
    (4) Set forth a time schedule and proposed methods for
    financing the development, construction and operation of the
    planned municipal waste management systems, together with the
    estimated cost thereof.
    (5) Include a provision for periodic revision of the plan.
    (6) Include such other information as the department shall
    require.
    (f) The plan shall be reviewed by appropriate official planning
    agencies within a municipality, including a planning agency with area-
    wide jurisdiction, if one exists, the county, county planning commis-
    sion, and county health department for consistency with programs of
    planning if one exists, of planning for the area, and all such reviews
    shall be transmitted to the department with the proper plan. In the
    event a review of any plan has not been transmitted by such planning
    agency or commission within 90 days of its submission to such agency
    or commission, then such agency or commission shall be deemed to
    have waived its right to review the plan, and the department shall then
    review the plan for approval in the absence of the reviews of such
    planning agency or commission.

    SESSION OF 1980
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    (g) The department is hereby authorized to approve or disapprove
    plans for municipal waste management systems submitted in accord-
    ance with this act. Any plan which has not been disapproved within
    120 days of the date of its submission shall be deemed an approved
    plan, unless notice of pending investigation is given to the applicant
    by the department before expiration of the 120-day period.
    (h) The department is hereby authorized to approve or disapprove
    revisions of plans for municipal waste management systems submitted
    in accordance with this act.
    (i) The department is authorized to provide technical assistance to
    counties, municipalities and authorities in coordinating plans for
    municipal waste management systems required by this act, including
    revisions of such plans.
    (j) The department may establish priorities for the time within
    which plans shall be submitted and may, in appropriate cases, require
    the submission of joint plans.
    (k) The department may issue any order or may institute any
    appropriate legal or equitable action to compel municipalities to
    submit plans in accordance with this act and the rules, regulations and
    procedures of the department.
    (1) The department may order, or obtain an injunction requiring
    municipalities to implement the plans which they have submitted, in
    accordance with this act and the rules, regulations and procedures of
    the department.
    Section 202. Powers and duties of municipalities.
    (a) Each municipality shall be responsible for the collection, trans-
    portation, processing, and disposal of municipal waste which is gener-
    ated or present within its boundaries and shall be responsible for
    implementing its approved plan as it relates to the storage, collection,
    transportation, processing, and disposal of its municipal wastes.
    (b) In carrying out its responsibilities, any such municipality may
    adopt ordinances, regulations and standards for the storage and
    collection of municipal wastes which shall be not less stringent than,
    and not in violation of, the rules, regulations, standards, and proce-
    dures of the department for the storage, collection, transportation,
    processing and disposal of municipal waste. Any ordinances, regula-
    tions and standards so adopted shall be made a part of the plan
    required in section 201.
    (c) Municipalities may contract with any person or other munici-
    pality to carry out their responsibilities for the collection, trans-
    portation, processing and disposal of municipal wastes, provided that
    the ultimate disposal is known to be at a site permitted to accept such
    waste, and provided, further, that no municipality may delegate the
    duties imposed by this section. In cases where the planning agency
    determines and the governing body approves that it is in the public
    interest for municipal wastes management and disposal to be a public
    function, the plan shall provide for the mechanisms. Municipalities are

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    authorized to require by ordinance that all municipal wastes generated
    within their jurisdiction shall be disposed at a designated facility.
    Section 203. Grants authorized.
    (a) The department is authorized to assist municipalities by admin-
    istering grants to pay 50
    of the costs of preparing official plans for
    municipal waste management systems in accordance with the require-
    ments of this act and the rules, regulations, and standards adopted
    pursuant to this act, and for carrying out related studies, surveys,
    investigations, inquiries, research and analyses.
    (b) All grants shall be made from funds appropriated for this
    purpose by the General Assembly.
    ARTICLE III
    RESIDUAL WASTE
    Section 301. Management of residual waste.
    No person or municipality shall s.tore, transport, process, or dispose
    of residual waste within this Commonwealth unless such storage, or
    transportation, is consistent with or such processing or disposal is
    authorized by the rules and regulations of the department and no
    person or municipality shall own or operate a residual waste
    processing or disposal facility unless such person or municipality has
    first obtained a permit for such facility from the department.
    Section 302. Disposal, processing and storage of residual waste.
    (a) It shall be unlawful for any person or municipality to dispose,
    process, store, or permit the disposal, processing or storage of any
    residual waste in a manner which is contrary to the rules and regula-
    tions of the department or to any ~~ermitor to the terms or conditions
    of any permit or any order issued by the department.
    (b) It shall be unlawful for any person or municipality who stores,
    processes, or disposes of residual waste to fail to:
    (1) Use such methods and facilities as are necessary to control
    leachate, runoff, discharges and. emissions from residual waste in
    accordance with department regulations.
    (2) Use such methods and facilities as are necessary to prevent
    the harmful or hazardous mixing of wastes.
    (3) Design, construct, operate and maintain facilities and areas
    in a manner which shall not adversely effect or endanger public
    health, safety and welfare or the environment or cause a public
    nuisance.
    Section 303. Transportation of residual waste.
    (a) It shall be unlawful for any person or municipality to transport
    or permit the transportation of residual waste:
    (1) to any processing or disposal facility within the Common-
    wealth unless such facility holds a permit issued by the department
    to accept such waste; or
    (2) in a manner which is contrary to the rules and regulations of
    the department or any permit or the conditions of any permit or
    any order issued by the department.

    SESSION OF 1980
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    395
    (b) It shall be unlawful for any person or municipality who trans-
    ports residual waste to fail to:
    (1) use such methods, equipment and facilities as are necessary
    to transport residual waste in a manner which shall not adversely
    affect or endanger the environment or the public health, welfare
    and safety; and
    (2) take immediate steps to contain and clean up spills or acci-
    dental discharges of such waste, and notify the department,
    pursuant to department regulations, of all spills or accidental
    discharges which occur on public highways or public areas or which
    may enter the waters of the Commonwealth as defined by the act of
    June 22, 1937 (P.L.1987, No.394), known as “The Clean Streams
    Law,” or any other spill which is governed by any notification
    requirements of the department.
    ARTICLE IV
    HAZARDOUS WASTE
    Section 401. Management of hazardous waste.
    (a) No person or municipality shall store, transport, treat, or
    dispose of hazardous waste within this Commonwealth unless such
    storage, transportation, treatment, or disposal is authorized by the
    rules and regulations of the department; no person or municipality
    shall own or operate a hazardous waste storage, treatment or disposal
    facility unless such person or municipality has first obtained a permit
    for the storage, treatment and disposal of hazardous waste from the
    department; and, no person or municipality shall transport hazardous
    waste within the Commonwealth unless such person or municipality
    has first obtained a license for the transportation of hazardous waste
    from the department.
    (b) The storage, transportation, treatment, and disposal of
    hazardous waste are hereby declared to be activities, which subject the
    person carrying on those activities to liability for harm although he
    has exercised utmost care to prevent harm, regardless whether such
    activities were conducted prior to the enactment hereof.
    Section 402. Listing of hazardous waste.
    The Environmental Quality Board shall establish rules and regula-
    tions identifying the characteristics of hazardous wastes and listing
    particular hazardous wastes which shall be subject to the provisions of
    this act. The list promulgated shall in no event prevent the department
    from regulating other wastes, which, although not listed, the depart-
    ment has determined to be hazardous; the Department of Environ-
    mental Resources may regulate such hazardous wastes when the
    department has determined such waste poses a substantial present or
    potential hazard to the human health or the environment by any
    means including, but not limited to, issuance of orders and the impo-
    sition of terms and conditions of permits. The board shall identify the
    characteristics of hazardous wastes and list particular hazardous

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    wastes within 30 days after the effective date of this section, which
    initial list shall not be subject to section 107 of this act but shall be
    promulgated in accordance with section 204(3) (relating to omission of
    notice of proposed rule making) of the act of July 31, 1968 (P.L.769,
    No.240), referred to as the Commonwealth Documents Law.
    Section 403. Generation, transportation, storage, treatment and
    disposal of hazardous waste.
    (a) It shall be unlawful for arty person or municipality who gener-
    ates, transports or stores hazardous waste to transfer such waste
    unless such person or municipalit:y complies with the rules and regula-
    tions of the department and the terms or conditions of any applicable
    permit or license and any applicable order issued by the department.
    (b) It shall be unlawful for arty person or municipality who gener-
    ates, transports, stores, treats or disposes of hazardous waste to fail
    to:
    (1) Maintain such records as are necessary to accurately identify
    the quantities of hazardous waste generated, the constituents thereof
    which are significant in quanhity or in potential harm to human
    health or the environment, the method of transportation and the
    disposition of such wastes; and where applicable, the source and
    delivery points of such hazardous waste.
    (2) Label any containers used for the storage, transportation or
    disposal of such hazardous waste so as to identify accurately such
    waste.
    (3) Use containers appropriate for such hazardous waste and for
    the activity undertaken.
    (4) Furnish information on the general chemical composition of
    such hazardous waste to persons transporting, treating, storing or
    disposing of such wastes.
    (5) Use a manifest system as required by the department to
    assure that all such hazardous waste generated is designated for
    treatment, storage or disposal in such treatment, storage or disposal
    facilities (other than facilities on the premises where the waste is
    generated, where the use of a manifest system is not necessary)
    approved by the department, as provided in this article.
    (6) Transport hazardous waste for treatment, storage or disposal
    to such treatment, storage or disposal facilities which the shipper
    has designated on the manifest form as a facility permitted to
    receive such waste or as a facility not within the Commonwealth.
    (7) Submit reports to the department at such times as the
    department deems necessary, listing out:
    (i) the quantities of hazardous waste generated during a
    particular time period; and
    (ii) the method of disposal of all hazardous waste.
    (8) Carry out transportation activities in compliance with the
    rules and regulations of the department and the Pennsylvania
    Department of Transportation.

    SESSION OF 1980
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    397
    (9) Treat, store and dispose of all such waste in accordance with
    the rules and regulations of the department and permits, permit
    conditions and orders of the department.
    (10) Develop and implement contingency plans for effective
    action to minimize and abate hazards from any treatment, storage,
    transportation or disposal of any hazardous waste.
    (11) Maintain such operation, train personnel, and assure finan-
    cial responsibility for such storage, treatment or disposal operations
    to prevent adverse effects to the public health, safety and welfare
    and to the environment and to prevent public nuisances.
    (12) Immediately notify the department and the affected munici-
    pality or municipalities of any spill or accidental discharge of such
    waste in accordance with a contingency plan approved by the
    department and take immediate steps to contain and clean up the
    spill or discharge.
    (c) After January 1, 1981 any producer of any hazardous waste or
    any producer having a by-product of production which is a hazardous
    waste may be required by the department to submit to the department
    for its approval a plan relating to the disposal of such hazardous
    waste at either an on-site disposal area or an off-site disposal area
    before transferring, treating or disposing of this waste.
    Section 404. Transition scheme.
    (a) Any person or municipality who:
    (1) owns or operates a hazardous waste storage or treatment
    facility required to have a permit under this act, which facility is in
    existence on the effective date of this act;
    (2) has complied with the requirements of section
    501(c);
    (3) has made an application for a permit under this act; and
    (4) operates and continues to operate in such a manner as will
    not cause, or create a risk of, a health hazard, a public nuisance, or
    an adverse effect upon the environment;
    shall be treated as having been issued such permit until such time as a
    final departmental action on such application is made. In no instance
    shall such person or municipality continue to store or treat hazardous
    wastes without obtaining a permit from the department within two
    years after the date of enactment hereof.
    (b) Any person or municipality who:
    (1) as of the effective date of this act transports hazardous waste
    within the Commonwealth and is required to have a license under
    this act;
    (2) has complied with the requirements of section 501(c);
    (3) has made an application for a license under this act; and
    (4) transports and continues to transport in such a manner as
    will not cause, or create a risk of, a health hazard, a public
    nuisance, or an adverse effect upon the environment;
    shall be treated as having been issued such license until such time as a
    final departmental action on such application is made. In no instance

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    shall such person or municipality continue to transport hazardous
    waste without obtaining a license from the department within two
    years after the date of enactment.
    Section 405. Conveyance of disposal site property.
    After the effective date of this act, the grantor in every deed for the
    conveyance of property on which hazardous waste is presently being
    disposed, or has ever been disposed by the grantor or to the grantor’s
    actual knowledge shall include in the property description section of
    such deed an acknowledgement of such hazardous waste disposal;
    such acknowledgement to include to the extent such information is
    available, but not be limited to, the surface area size and exact
    location of the disposed waste and a description of the types of
    hazardous wastes contained therein. Such amended property descrip-
    tion shall be made a part of the deed for all future conveyances or
    transfers of the subject property: Provided, however, That the
    warranty in such deed shall not be applicable to the surface area size
    and exact location of the disposed waste and a description of the types
    of hazardous wastes contained therein.
    ARTICLE V
    APPLICATIONS AND PERMITS
    Section 501. Permits and licenses required; transition scheme;
    reporting requirements.
    (a) It shall be unlawful for any person or municipality to use, or
    continue to use, their land or the land of any other person or munici-
    pality as a solid waste processing, storage, treatment or disposal area
    without first obtaining a permit from the department as required by
    this act: Provided, however, That this section shall not apply to the
    short-term storage of by-products which are utilized in the processing
    or manufacturing of other products, to the extent that such by-
    products are not hazardous, and do not create a public nuisance or
    adversely affect the air, water and other natural resources of the
    Commonwealth: And provided further, however, That the provisions
    of this section shall not apply to agricultural waste produced in the
    course of normal farming operations nor the use of food processing
    wastes in the course of normal farming operations provided that such
    wastes are not classified by the board as hazardous.
    (b) It shall be unlawful for any person or municipality to transport
    hazardous waste within the Commonwealth unless such person or
    municipality has first obtained a license from the department to
    conduct such transportation activities.
    (c) Not later than 90 days after promulgation or revision of regula-
    tions under section 402 identifying by its characteristics or listing any
    substance as hazardous waste, an:y person or municipality generating
    or transporting such substance or owning or operating a facility for
    treatment, storage, or disposal of such substance shall file with the
    department a notification stating the location and general description

    SESSION OF 1980
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    399
    of such activity and the identified or listed hazardous wastes handled
    by such person or municipality. Not more than one such notification
    shall be required to be filed with respect to the same substance. No
    identified or listed hazardous waste may be transported, treated,
    processed, stored or disposed of unless notification has been given as
    required under this subsection.
    Section 502. Permit and license application requirements.
    (a) Application for any permit or license shall be in writing, shall
    be made on forms provided by the department and shall be accompa-
    nied by such plans, designs and relevant data as the department may
    require. Such plans, designs and data shall be prepared by a registered
    professional engineer.
    (b) The application for a permit to operate a hazardous waste
    storage, treatment or disposal facility shall also be accompanied by a
    form, prepared and furnished by the department, containing the
    written consent of the landowner to entry upon any land to be
    affected by the proposed facility by the Commonwealth and by any of
    its authorized agents prior to and during operation of the facility and
    for 20 years after closure of the facility, for the purpose of inspection
    and for the purpose of any such pollution abatement or pollution
    prevention activities as the department deems necessary. Such forms
    shall be deemed to be recordable documents and prior to the initiation
    of operations under the permit, such forms shall be recorded and
    entered into the deed book (d.b.v.) indexing system at the office of
    the recorder of deeds in the counties in which the area to be affected
    under the permit is situated.
    (c) All records, reports, or information contained in the hazardous
    waste storage, treatment or disposal facility permit application
    submitted to the department under this section shall be available to
    the public; except that the department shall consider a record, report
    or information or particular portion thereof, confidential in the
    administration of this act if the applicant can show cause that the
    records, reports or information, or a particular portion thereof (but
    not emission or discharge data or information concerning solid waste
    which is potentially toxic in the environment), if made public, would
    divulge production or sales figures or methods, processes or produc-
    tion unique to such applicant or would otherwise tend to affect
    adversely the competitive position of such applicant by revealing trade
    secrets. Nothing herein shall be construed to prevent disclosure of
    such report, record or information to the Federal Government or
    other State agencies as may be necessary for purposes of administra-
    tion of any Federal or State law.
    (d) The application for a permit shall set forth the manner in
    which the operator plans to comply with the requirements of 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

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    LAWS OF PENNSYLVANIA
    January 8, 1960 (1959 P.L.2119, No.787), known as the “Air Pollu-
    tion Control Act,” and the act of November 26, 1978 (P.L.1375,
    No.325), known as the “Dam Safety and Encroachments Act,” as
    applicable. No approval shall be granted unless the plan provides for
    compliance with the statutes hereinabove enumerated, and failure to
    comply with the statutes hereinabove enumerated during construction
    and operation or thereafter shall render the operator liable to the
    sanctions and penalties provided in this act for violations of this act
    and to the sanctions and penalties provided in the statutes hereinabove
    enumerated for violations of such statutes. Such failure to comply
    shall be cause for revocation of any approval or permit issued by the
    department to the operator. Compliance with the provisions of this
    subsection and with the provisions of this act and the provisions of
    the statutes hereinabove enumerated shall not relieve the operator of
    the responsibility for complying with the provisions of all other appli-
    cable statutes, including, but not limited to the act of July 17, 1961
    (P.L.659, No.339), known as the “Pennsylvania Bituminous Coal
    Mine Act,” the act of November i’D, 1965 (P.L.721, No.346), known
    as the “Pennsylvania Anthracite Coal Mine Act,” and the act of July
    9, 1976 (P.L.931, No.178), entitled “An act providing emergency
    medical personnel; employment of emergency medical personnel and
    emergency communications in coal mines.”
    (e) The application for a permit shall certify that the operator has
    in force, or will, prior to the initiation of operations under the permit
    have in force, an ordinary public liability insurance policy in an
    amount to be prescribed by rules and regulations promulgated here-
    under.
    (f) The department may require such other information, and
    impose such other terms and conditions, as it deems necessary or
    proper to achieve the goals and purposes of this act.
    (g) The department, upon receipt of an application for a permit,
    shall give written notice to each and every municipality in which the
    proposed hazardous waste facility will be located.
    Section 503. Granting, denying, renewing, modifying, revoking and
    suspending permits and licenses.
    (a) Upon approval of the application, the department shall issue a
    permit for the operation of a solid waste storage, treatment,
    processing or disposal facility or area or a license for the trans-
    portation of hazardous wastes, as set forth in the application and
    further conditioned by the department.
    (b) No permit shall be issued unless and until all applicable bonds
    have been posted with the department.
    (c) 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 any provision of this act, the act of June 22, 1937
    (P.L.1987, No.394), known as “The Clean Streams Law,” the act of

    SESSION OF 1980
    Act 1980-97
    401
    January 8, 1960 (1959 P.L.2119, No.787), known as the “Air Pollu-
    tion Control Act,” and the act of November 26, 1978
    (P.L.1375,
    No.325), known as the “Dam Safety and Encroachments Act,” or
    any other state or Federal statute relating to environmental protection
    or to the protection of the public health, safety and welfare; or any
    rule or regulation of the department; or any order of the department;
    or any condition of any permit or license issued by the department; or
    if the department finds that the applicant, permittee or licensee has
    shown a lack of ability or intention to comply with any provision of
    this act or any of the acts referred to in this subsection or any rule or
    regulation of the department or order of the department, or any
    condition of any permit or license issued by the department as
    indicated by past or continuing violations. In the case of a corporate
    applicant, permittee or licensee, the department may deny the issuance
    of a license or permit if it finds that a principal of the corporation
    was a principal of another corporation which committed past viola-
    tions of this act.
    (d) Any person or municipality which has engaged in unlawful
    conduct as defined in this act, or whose partner, associate, officer,
    parent corporation, subsidiary corporation, contractor, subcontractor
    or agent has engaged in such unlawful conduct, shall be denied any
    permit or license required by this act unless the permit or license
    application demonstrates to the satisfaction of the department that the
    unlawful conduct has been corrected. Independent contractors and
    agents who are to operate under any permit shall be subject to the
    provisions of this act. Such independent contractors, agents and the
    permittee shall be jointly and severally liable, without regard to fault,
    for violations of this act which occur during the contractor’s or
    agent’s involvement in the course of operations.
    (e) Any permit or license granted by the department, as provided
    in this act, shall be revocable or subject to modification or suspension
    at any time the department determines that the solid waste storage,
    treatment, processing or disposal facility or area or transportation of
    solid waste:
    (1) is, or has been, conducted in violation of this act or the
    rules, regulations, adopted pursuant to the act;
    (2) is creating a public nuisance;
    (3) is creating a potential hazard to the public health, safety and
    welfare;
    (4) adversely affects the environment;
    (5) is being operated in violation of any terms or conditions of
    the permit; or
    (6) was operated pursuant to a permit or license that was not
    granted in accordance with law.
    Section 504. Approval by governing body.
    Applications for a permit shall be reviewed by the appropriate
    county, county planning agency or county health department where

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    LAWS OF PENNSYLVANIA
    they exist and the host municipality, and they may recommend to the
    department conditions upon, revisions to, or disapproval of the permit
    only if specific cause is identified. In such case the department shall be
    required to publish in the Pennsylvania Bulletin its justification for
    overriding the county’s recommendations. If the department does not
    receive comments within 60 days, the county shall be deemed to have
    waived its right to review.
    Section
    505.
    Bonds.
    (a) With the exception of municipalities operating landfills solely
    for municipal waste not classified hazardous, prior to the commence-
    ment of operations, the operator of a municipal or residual waste
    processing or disposal facility or of a hazardous waste storage, treat-
    ment 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 Pollu-
    tion 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.
    Liability under such bond shall be for the duration of the operation,
    and for a period of up to ten 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: 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 Penn-
    sylvania, the Pennsylvania Turnpike Commission, the General State
    Authority, the State Public School Building Authority, or any munici-
    pality within the Commonwealth, with the department in lieu of a

    SESSION OF 1980
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    403
    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 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.
    (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
    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 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 accu-
    mulated interest, upon the conditions of and pursuant to the schedule
    and criteria for release provided in this act.

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    (c) The operator shall, prior to commencing operations on any
    additional land exceeding the estimate made in the application for a
    permit, file an additional application and bond. Upon receipt of such
    additional application and related documents and information as
    would have been required for the additional land had it been included
    in the original application for a permit and should all the requirements
    of this act be met as were necessary to secure the permit, the secretary
    shall promptly issue an amended permit covering the additional
    acreage covered by such application, and shall determine the addi-
    tional bond requirement therefor.
    (d) If the operator abandons the operation of a municipal or
    residual waste processing or disposal facility or a hazardous waste
    storage, treatment or disposal facility for which a permit is required
    by this section or if the permittee fails or refuses to comply with the
    requirements of this act in any respect for which liability has been
    charged on the bond, the secretary shall declare the bond forfeited
    and shall certify the same to the Department of Justice which shall
    proceed to enforce and collect the amount of liability forfeited
    thereon, and where the operation has deposited cash or securities as
    collateral in lieu of a corporate surety, the secretary shall declare said
    collateral forfeited and shall direct the State Treasurer to pay said
    funds into the Waste Abatement Fund. Should any corporate surety
    fail to promptly pay, in full, forfeited bond, it shall be disqualified
    from writing any further surety bonds under 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 depart-
    ment 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. 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 irrevo-
    cable 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. 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

    SESSION OF 1980
    Act 1980-97
    405
    the name of the Commonwealth, in trust, for the purposes for which
    such deposit is made. The State Treasurer shall at all times be respon-
    sible 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 depos-
    iting 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 a
    period of one year after the expiration of the license.
    Section 506. Financial responsibility.
    The Environmental Quality Board shall adopt such additional regu-
    lations to provide for proof of financial responsibility of owners or
    operators of hazardous waste storage, treatment, and disposal facili-
    ties, as necessary or desirable for closure of the facility, post-closure
    monitoring and maintenance, sudden and accidental occurrences, and
    nonsudden and accidental occurrences, and to comply with
    section 3004 of the Resource Conservation and Recovery Act of 1976
    42 U.S.C.
    §
    6924.
    Section 507. Siting of hazardous waste treatment and disposal facili-
    ties.
    (a) The Department of Environmental Resources shall have the
    power and authority to develop, prepare and modify the Pennsylvania
    Hazardous Waste Facilities Plan. The plan shall include:
    (1) Criteria and standards for siting hazardous waste treatment
    and disposal facilities.
    (2) An inventory and evaluation of the sources of hazardous
    waste concentration within the Commonwealth including types and
    quantities of hazardous waste.
    (3) An inventory and evaluation of current hazardous waste
    practices within the Commonwealth including existing hazardous
    waste treatment and disposal facilities.
    (4) A determination of future hazardous waste facility needs
    based on an evaluation of existing treatment and disposal facilities
    including their location, capacities and capabilities, and the existing

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    LAWS OF PENNSYLVANIA
    and projected generation of hazardous waste within the Common-
    wealth and including where the department within its discretion
    finds such information to be available, the projected generation
    outside the Commonwealth of hazardous wastes expected to be
    transported into the Commonwealth for storage, treatment or
    disposal.
    (5)
    An analysis of methods, incentives or technologies for source
    reduction, detoxification, reuse and recovery of hazardous waste
    and a strategy for implementing such methods, incentives and tech-
    nologies.
    (6) Identification of such hazardous waste treatment and
    disposal facilities and their locations (in addition to existing facili-
    ties) as are necessary to provide for the proper management of
    hazardous waste generated within this Commonwealth.
    (b) In preparation of the plan the department shall consult with
    affected persons, municipalities and State agencies. Within 60 days
    after the effective date of this act the secretary shall appoint the
    Pennsylvania Hazardous Waste Facilities Planning Advisory
    Committee. The department shall insure that the advisory body consist
    of substantially equivalent proportions of the following four groups:
    private citizens, representatives of public interest groups, public offi-
    cials and citizens or representatives of organizations with substantial
    economic interest in the plan. It shall specifically include but not be
    limited to a representative of a waste treatment operator, a waste
    generator, local governments, environmentalists, and academic scien-
    tist.
    (c) The committee may recommend to the department the adop-
    tion of such rules and regulations, standards, criteria and procedures
    as it deems necessary and advisable for the preparation, development,
    adoption and implementation of the Pennsylvania Hazardous Waste
    Facilities Plan.
    (d) A vacancy occurring on the committee shall be filled in the
    same manner as the original appointment and the secretary or his
    representative shall serve as chairperson of the committee.
    (e) The committee shall establish operating procedures and may
    solicit the advice of municipalities or other persons.
    (f) The committee shall disband after adoption of the plan by the
    Environmental Quality Board unless the committee is reconstituted as
    a provision of the plan.
    (g) Not later than two years after the date of enactment of this
    act, the Environmental Quality Board shall adopt the Pennsylvania
    Hazardous Waste Facilities Plan and the department shall review and
    amend said plan as necessary but in no event less than every five years
    following adoption.

    SESSION OF 1980
    Act 1980-97
    407
    ARTICLE VI
    ENFORCEMENT AND REMEDIES
    Section 601. Public nuisances.
    Any violation of any provision of this act, any rule or regulation of
    the department, any order of the department, or any term or condi-
    tion of any permit, shall constitute a public nuisance. Any person or
    municipality committing such a violation shall be liable for the costs
    of abatement of any pollution and any public nuisance caused by such
    violation. The Environmental Hearing Board and any court of compe-
    tent jurisdiction is hereby given jurisdiction over actions to recover the
    costs of such abatement.
    Section 602. Enforcement orders.
    (a) The department may issue orders to such persons and munici-
    palities as it deems necessary to aid in the enforcement of the provi-
    sions of this act. Such orders may include, but shall not be limited to,
    orders modifying, suspending or revoking permits and orders requiring
    persons and municipalities to cease unlawful activities or operations of
    a solid waste facility which in the course of its operation is in viola-
    tion of any provision of this act, any rule or regulation of the
    department or any terms and conditions of a permit issued under this
    act. An order issued under this act shall take effect upon notice,
    unless the order specifies otherwise. An appeal to the Environmental
    Hearing Board shall not act as a supersedeas. The power of the
    department to issue an order under this act is in addition to any other
    remedy which may be afforded to the department pursuant to this act
    or any other act.
    (b) If the department finds that the storage, collection, trans-
    portation, processing, treatment or disposal of solid waste is causing
    pollution of the air, water, land or other natural resources of the
    Commonwealth or is creating a public nuisance, the department may
    order the person or the municipality to alter its storage, collection,
    transportation, processing, treatment or disposal systems to provide
    such storage, collection, transportation, processing, treatment, or
    disposal systems as will prevent pollution and public nuisances. Such
    order shall specify the length of time after receipt of the order within
    which the facility or area shall be repaired, altered, constructed or
    reconstructed.
    (c) Any person or municipality ordered by the department to
    repair, alter, construct, or reconstruct a solid waste facility or area
    shall take such steps for the repair, alteration, construction, or
    reconstruction of the facility or area as may be necessary for the
    storage, processing, treatment and disposal of its solid waste in
    compliance with this act and the rules and regulations of the depart-
    ment, and standards and orders of the department.
    (d) The Department of Environmental Resources shall have the
    power to order, orally or in writing, any person or municipality to

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    LAWS OF PENNSYLVANIA
    immediately suspend or modify hazardous waste treatment or disposal
    activities when he determines that continued operation will jeopardize
    public health, safety or welfare. Said order shall be effective upon
    issuance and may only be superseded by further department action or,
    after an appeal has been perfected, by the Environmental Hearing
    Board after notice and hearing. Furthermore, said order may require
    remedial actions to be taken in order to prevent harm to public health,
    safety or welfare. Within two business days after the issuance of such
    oral order, the department shall issue a written order reciting and
    modifying, where appropriate, the terms and conditions contained in
    the oral order.
    Section 603. Duty to comply with orders of the department.
    It shall be the duty of any person and municipality to proceed
    diligently to comply with any order issued pursuant to section 602. If
    such person or municipality fails to proceed diligently, or fails to
    comply .with the order within such time, if any, as may be specified,
    such person or municipality shall be guilty of contempt, and shall be
    punished by the court in an appropriate manner and for this purpose,
    application may be made by the department to the Commonwealth
    Court, which court is hereby granted jurisdiction.
    Section 604. Restraining violations.
    (a) In addition to any other remedies provided in this act, the
    department may institute a suit in equity in the name of the Common-
    wealth where a violation of law or nuisance exists for an injunction to
    restrain a violation of this act or the rules, regulations, standards or
    orders adopted or issued thereunder and to restrain the maintenance
    or threat of a public nuisance. In any such proceeding, the court shall,
    upon motion of the Commonwealth, issue a prohibitory or mandatory
    preliminary injunction if it finds that the defendant is engaging in
    unlawful conduct as defined by this act or is engaged in conduct
    which is causing immediate and irreparable harm to the public. The
    Commonwealth shall not be required to furnish bond or other security
    in connection with such proceedings. In addition to an injunction, the
    court in such equity proceedings, may levy civil penalties as specified
    in section
    605.
    (b) In addition to any other remedies provided for in this act,
    upon relation of any district attorney of any county affected, or upon
    relation of the solicitor of any municipality affected, an action in
    equity may be brought in a cou:rt of competent jurisdiction for an
    injunction to restrain any and all violations of this act or the rules and
    regulations promulgated hereunder, or to restrain any public nuisance
    or detriment to health.
    (c) The penalties and remedies prescribed by this act shall be
    deemed concurrent and the existence of or exercise of any remedy
    shall not prevent the department from exercising any other remedy
    hereunder, at law or in equity.

    SESSION OF 1980
    Act 1980-97
    409
    (d) Actions instituted under this section may be filed in the appro-
    priate court of common pleas or in the Commonwealth Court, which
    courts are hereby granted jurisdiction to hear such actions.
    Section 605. Civil penalties.
    In addition to proceeding under any other remedy available at law
    or in equity for a violation of any provision of this act, any rule or
    regulation of the department or order of the department or any term
    or condition of any permit issued by the department, the department
    may assess a civil penalty upon a person for such violation. Such a
    penalty may be assessed whether or not the violation was willful or
    negligent. In determining the amount of the penalty, the department
    shall consider the willfulness of the violation, damage to air, water,
    land or other natural resources of the Commonwealth or their uses,
    cost of restoration and abatement, savings resulting to the person in
    consequence of such violation, and other relevant factors. If the
    violation leads to the issuance of a cessation order or occurs after the
    release of security for performance, a civil penalty shall be assessed.
    When the department proposes to assess a civil penalty, it shall inform
    the person or municipality of the proposed amount of said penalty.
    The person charged with the penalty shall then have 30 days to pay
    the proposed penalty in full or, if the person wishes to contest either
    the amount of the penalty or the fact of the violation, the person shall
    within such 30 day period file an appeal of such action with the
    Environmental Hearing Board. Failure to appeal within 30 days shall
    result in a waiver of all legal rights to contest the violation or the
    amount of the penalty. The maximum civil penalty which may be
    assessed pursuant to this section is $25,000 per offense. Each violation
    for each separate day and each violation of any provision of this act,
    any rule or regulation under this act, any order of the department, or
    any term or condition of a permit shall constitute a separate and
    distinct offense under this section. A generator of hazardous waste
    who has complied with section 403 and has designated on the manifest
    a facility permitted to treat or dispose of his wastes shall not be held
    liable for civil penalties with respect to such wastes by other persons
    after:
    (1) the wastes have been transported in compliance with all
    applicable provisions of this act and regulations promulgated and
    licenses issued thereunder; and
    (2) such wastes have been accepted by a disposal or treatment
    facility permitted to receive such wastes and designated on the
    manifest.
    Section 606. Criminal penalties.
    (a) Any person, other than a municipal official exercising his offi-
    cial duties, or any municipality who violates any provision of this act,
    the rules and regulations of the department, or any order of the
    department, or any term or condition of any permit upon conviction
    thereof in a summary proceeding, shall be sentenced to pay a fine of

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    LAWS OF PENNSYLVANIA
    not less than $100 and not more than $1,000 and costs and, in default
    of the payment of such fine and costs, to undergo imprisonment for
    not more than 30 days.
    (b) Any person other than a municipal official exercising his offi-
    cial duties who violates any provision of this act, any rule or regula-
    tion of the department, any order of the department, or any term or
    condition of any permit, shall be guilty of a misdemeanor of the third
    degree and, upon conviction, shall be sentenced to pay a fine of not
    less than $1,000 but not more than $25,000 per day for each violation
    or to imprisonment for a period of not more than one year, or both.
    (c) Any person other than a municipal official exercising his offi-
    cial duties who, within two years after a conviction of a misdemeanor
    for any violation of this act, violates any provision of this act, any
    rule or regulation of the department, any order of the department, or
    any term or condition of any permit shall be guilty of a misdemeanor
    of the second degree and, upon conviction, shall be sentenced to pay a
    fine of not less than $2,500 nor mo:re than $50,000 for each violation
    or to imprisonment for a period of not more than two years, or both.
    (d) Any person or municipality that knowingly:
    (1) transports any hazardous waste to a facility which does not
    have a permit under this act to accept such waste for storage,
    treatment or disposal; or
    (2) makes any false statement or representation in any applica-
    tion label, manifest, record, report, permit or other document
    relating to hazardous waste generation, storage, transportation,
    treatment or disposal, which is filed, submitted, maintained or used
    for purposes of compliance with this act or any municipality which
    knowingly stores, treats or disposes of any hazardous waste without
    having obtained a permit for such storage, treatment or disposal;
    shall be guilty of a misdemeanor of the third degree and, upon
    conviction, shall be sentenced to pay a fine of not less than $1,000 but
    not more than $25,000 per day for each violation.
    (e) Any person or municipality that within two years after a
    conviction of a misdemeanor for any violation of this act, commits a
    violation of subsection (d), shall be guilty of a misdemeanor of the
    second degree and upon conviction, shall be sentenced to pay a fine of
    not less than $2,500 nor more than $50,000 for each violation or to a
    term of imprisonment of not less than two years, but not more than
    20 years, or both.
    (f) Any person who stores, transports, treats, or disposes of
    hazardous waste within the Commonwealth in violation of
    section 401, or in violation of any order of the department shall be
    guilty of a felony of the second degree and, upon conviction, shall be
    sentenced to pay a fine of not less than $2,500 but not more than
    $100,000 per day for each violation or to imprisonment for not less
    than two years but not more than ten years, or both.

    SESSION OF 1980
    Act 1980-97
    411
    (g) Any person who intentionally, knowingly or recklessly stores,
    transports, treats, or disposes of hazardous waste within the Common-
    wealth in violation of any provision of this act, and whose acts or
    omissions cause pollution, a public nuisance or bodily injury to any
    person, shall be guilty of a felony of the first degree, and upon
    conviction, shall be sentenced to pay a fine of not less than $10,000
    but not more than $500,000 per day for each violation or to a term of
    imprisonment of not less than two years, but not more than 20 years,
    or both.
    (h) Each violation for each separate day and each violation of any
    provision of this act, any rule or regulation of the department, any
    order of the department, or term and condition of a permit shall
    constitute a separate and distinct offense under subsections (a), (b),
    (c), (d) and (e).
    (i) With respect to the offenses specified in subsections (a), (b), (c)
    and (f), it is the legislative purpose to impose absolute liability for
    such offenses. However, a generator who has complied with
    section 403 shall not be held criminally liable under this section if
    wastes have been transported in compliance with all applicable provi-
    sions of this act and the regulations promulgated and licenses issued
    thereunder, and provided that such wastes have been accepted by a
    facility designated in accordance with section 403(b)(6).
    (j) With respect to the offenses specified in subsections (a), (b),
    (c), (d), (e), (f) and (g), it is the legislative purpose to impose liability
    on corporations.
    Section 607. Existing rights and remedies preserved; cumulative
    remedies authorized.
    Nothing in this act shall be construed as estopping the Common-
    wealth, or any district attorney or solicitor of a municipality, from
    proceeding in courts of law or equity to abate pollution forbidden
    under this act, or abate nuisances under existing law. It is hereby
    declared to be the purposes of this act to provide additional and
    cumulative remedies to control the collection, storage, transportation,
    processing, treatment, and disposal of solid waste within the
    Commonwealth, and nothing contained in this act shall in any way
    abridge or alter rights of action or remedies now or hereafter existing
    in equity, or under the common law or statutory law, criminal or civil,
    nor shall any provision in this act, or the granting of any permit under
    this act, or any act done by virtue of this act, be construed as
    estopping the Commonwealth, persons or municipalities, in the
    exercise of their rights under the common law or decisional law or in
    equity, from proceeding in courts of law or equity to suppress
    nuisances, or to abate any pollution now or hereafter existing, or to
    enforce common law or statutory rights. No courts of this Common-
    wealth having jurisdiction to abate public or private nuisances shall be
    deprived of such jurisdiction in any action to abate any private or
    public nuisance instituted by any person for the reasons that such
    nuisance constitutes air or water pollution.

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    Section 608. Production of materials; recordkeeping requirements;
    rights of entry.
    The department and its agents and employees shall:
    (1) Have access to, and require the production of, books and
    papers, documents, and physical evidence pertinent to any matter
    under investigation.
    (2) Require any person or municipality engaged in the storage,
    transportation, processing, treatment or disposal of any solid waste
    to establish and maintain such records and make such reports and
    furnish such information as the department may prescribe.
    (3) Enter any building, property, premises or place where solid
    waste is generated, stored, processed, treated or disposed of for the
    purposes of making such investigation or inspection as may be
    necessary to ascertain the compliance or noncompliance by any
    person or municipality with the provisions of this act and the rules
    or regulations promulgated hereunder. In connection with such
    inspection or investigation, samples may be taken of any solid,
    semisolid, liquid or contained gaseous material for analysis. If any
    analysis is made of such samples, a copy of the results of the
    analysis shall be furnished within five business days to the person
    having apparent authority over the building, property, premises or
    place.
    Section 609. Search warrants.
    An agent or employee of the de:partment may apply for a search
    warrant to any Commonwealth official authorized to issue a search
    warrant for the purposes of inspecting or examining any property,
    building, premise, place, book, record or other physical evidence, of
    conducting tests, or of taking samples of any solid waste. Such
    warrant shall be issued upon probable cause. It shall be sufficient
    probable cause to show any of the following:
    (1) that the inspection, examination, test, or sampling is
    pursuant to a general administrative plan to determine compliance
    with this act;
    (2) that the agent or employee has reason to believe that a
    violation of this act has occurred or may occur; or
    (3) that the agent or employee has been refused access to the
    property, building, premise, place, book, record or physical
    evidence, or has been prevented from conducting tests or taking
    samples.
    Section 610. Unlawful conduct.
    It shall be unlawful for any person or municipality to:
    (1) Dump or deposit, or permit the dumping or depositing, of
    any solid waste onto the surface of the ground or underground or
    into the waters of the Commonwealth, by any means, unless a
    permit for the dumping of such solid wastes has been obtained from
    the department; provided, the Environmental Quality Board may by
    regulation exempt certain activities associated with normal farming
    operations as defined by this act from such permit requirements.

    SESSION OF 1980
    Act 1980-97
    413
    (2) Construct, alter, operate or utilize a solid waste storage,
    treatment, processing or disposal facility without a permit from the
    department as required by this act or in violation of the rules or
    regulations adopted under this act, or orders of the department, or
    in violation of any term or condition of any permit issued by the
    department.
    (3) Burn solid wastes without a permit from the department.
    (4) Store, collect, transport, process, treat, or dispose of, or
    assist in the storage, collection, transportation, processing, treat-
    ment, or disposal of, solid waste contrary to the rules or regulations
    adopted under this act, or orders of the department, or any term or
    any condition of any permit, or in any manner as to create a public
    nuisance or to adversely affect the public health, safety and welfare.
    (5) Transport hazardous waste without first having obtained a
    license from the department to conduct such transport activities.
    (6) Transport or permit the transportation of any solid waste to
    any storage, treatment, processing or disposal facility or area unless
    such facility or area possesses a permit issued by the department to
    accept such wastes, or contrary to the rules or regulations adopted
    under this act, or orders of the department, or in such a manner as
    to adversely affect or endanger the public health, safety and welfare
    or environment through which such transportation occurs.
    (7) Refuse, hinder, obstruct, delay, or threaten any agent or
    employee of the department in the course of performance of any
    duty under this act, including, but not limited to, entry and inspec-
    tion under any circumstances.
    (8) Consign, assign, sell, entrust, give or in any way transfer
    residual or hazardous waste which is at any time subsequently, by
    any such person or any other person;
    (i) dumped or deposited or discharged in any manner into the
    surface of the earth or underground or into the waters of the
    Commonwealth unless a permit for the dumping or depositing or
    discharging of such residual or hazardous waste has first been
    obtained from the department; or
    (ii) stored, treated, processed, disposed of or discharged by a
    residual or hazardous waste facility unless such facility is operated
    under a permit first obtained from the department.
    (9) Cause or assist in the violation of any provision of this act,
    any rule or regulation of the department, any order of the depart-
    ment or any term or condition of any permit.
    Section 611. Presumption of law for civil and administrative
    proceedings.
    It shall be presumed as a rebuttable presumption of law that a
    person or municipality which stores, treats, or disposes of hazardous
    waste shall be liable, without proof of fault, negligence, or causation,
    for all damages, contamination or pollution within 2,500 feet of the
    perimeter of the area where hazardous waste activities have been

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    LAWS OF PENNSYLVANIA
    carried out. Such presumption may be overcome by clear and
    convincing evidence that the person or municipality so charged did not
    contribute to the damage, contamination, or pollution.
    Section 612. Collection of fines and penalties.
    All fines and penalties shall be collectible in any manner provided
    by law for the collection of debts. If any person liable to pay any such
    penalty neglects or refuses to pay the same after demand, the amount
    together with interest and any costs that may accrue, shall be a
    judgment in favor of the Commonwealth upon the property of such
    person, but only after same has been entered and docketed of record
    by the prothonotary of the county where such property is situated.
    The department may, at any time, transmit to the prothonotaries of
    the respective counties certified copies of all such judgments, and it
    shall be the duty of each prothonotary to enter and docket the same
    of record in his office, and to index the same as judgments are
    indexed, without requiring the payment of costs as a condition
    precedent to the entry thereof.
    Section 613. Recovery of costs of abatement.
    Any person or municipality who causes a public nuisance shall be
    liable for the costs of abatement~.The department, any Common-
    wealth agency, or any municipality which undertakes to abate a public
    nuisance may recover the costs of abatement in an action in equity
    brought before any court of competent jurisdiction. In addition, the
    Environmental Hearing Board is hereby given jurisdiction over actions
    by the department to recover the costs of abatement.
    Section 614. Forfeiture of contraband.
    Any vehicle, equipment, or conveyance used for the transportation
    or disposal of hazardous waste in the commission of an offense under
    section 606 shall be deemed contraband and shall be seized and
    forfeited to the department. The provisions of law relating to the
    seizure, summary and judicial forfeiture, and condemnation of intoxi-
    cating liquor shall apply to seizures and forfeitures under the provi-
    sions of this section.
    Section 615. Right of citizen to intervene in proceedings.
    Any citizen of this Commonwealth having an interest which is or
    may be adversely affected shall have the right on his own behalf,
    without posting bond, to intervene in any action brought pursuant to
    section 604 or 605.
    Section 616. Notice of proposed settlement.
    If a settlement is proposed in any action brought pursuant to
    section 604 or 605, the terms of such settlement shall be published in a
    newspaper of general circulation in the area where the violations are
    alleged to have occurred at least 31) days prior to the time when such
    settlement is to take effect. The publication shall contain a solicitation
    for public comments concerning such settlement which shall be
    directed to the government agency bringing the action.

    SESSION OF 1980
    Act 1980-97
    415
    Section 617. Limitation on action.
    The provisions of any other statute to the contrary not with-
    standing, actions for civil or criminal penalties under this act may be
    commenced at any time within a period of 20 years from the date the
    offense is discovered.
    ARTICLE VII
    SOLID WASTE ABATEMENT FUND
    Section 701. Solid Waste Abatement Fund.
    (a) All fines, penalties and bond forfeitures collected under the
    provisions of this act shall be paid into the Treasury of the Common-
    wealth into a special fund to be known as the “Solid Waste Abate-
    ment Fund” hereby established. The Solid Waste Abatement Fund
    shall be administered by the department for abatement or elimination
    of present or potential hazards to human health or to the environment
    from the improper treatment, transportation, storage, processing, or
    disposal of solid wastes, and for the enforcement of this act.
    (b) All such moneys placed in the Solid Waste Abatement Fund
    under the provisions of this section are hereby made available immedi-
    ately, and are hereby specifically appropriated to the department for
    the purposes specified in this section.
    (c) Estimates of the amounts to be expended under this act shall
    be submitted to the Governor for his approval or disapproval.
    ARTICLE VIII
    LEASING REAL ESTATE
    Section 801. No prohibition against leasing real estate.
    Nothing in this act shall be construed to prevent the Commonwealth
    from leasing such real estate owned by the Commonwealth as is not
    being used in connection with the work of any department, board or
    commission thereof for a period of not more than 50 years to individ-
    uals, firms, corporations or the United States Government pursuant to
    section 2402(i) of “The Administrative Code of 1929,” for the
    purpose of operating hazardous waste storage, treatment or disposal
    facilities.
    ARTICLE IX
    LIBERAL CONSTRUCTION
    Section 901. Construction of act.
    The terms and provisions of this act are to be liberally construed, so
    as to best achieve and effectuate the goals and purposes hereof.
    ARTICLE X
    REPEALER; EFFECTIVE DATE
    Section 1001. Repeal.
    The act of July 31, 1968 (P.L.788, No.241), known as the “Penn-
    sylvania Solid Waste Management Act,” is repealed: Provided,

    416
    Act 1980-97
    LAWS OF PENNSYLVANIA
    however, That all permits and orders issued, municipal solid waste
    management plans approved, and regulations promulgated under such
    act shall remain in full force and effect unless and until modified,
    amended, suspended or revoked.
    Section 1002. Severability.
    If any provision of this act or the application thereof is held invalid,
    such invalidity shall not effect other provisions or applications of this
    act which can be given effect without the invalid provisions or applica-
    tion and to this end the provisions of this act are declared to be
    severable.
    Section 1003. Effective date.
    Section 402 of this act shall take effect immediately; the remainder
    of this act shall take effect in 60 days.
    APPROvED—The 7th day of July, A. D. 1980.
    DICK THORNBURGH

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