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Proposed Amendment 4054 to House Bill 1436
Note: Amendment 4054 is also included as a part of amendment A4014
H1436B2185A4054 MRD:KG 11/13/01 #90 A4054
AMENDMENTS TO HOUSE BILL NO. 1436
Sponsor: REPRESENTATIVE FEESE
Printer's No. 2185
1 Amend Title, page 1, lines 1 through 9, by striking out all
2 of said lines and inserting
3 Providing for a moratorium for certain municipal and residual
4 waste facilities.
5 Amend Table of Contents, page 2, lines 4 through 26, by
6 striking out all of said lines and inserting
7 Section 1. Short title.
8 Section 2. Legislative findings and declaration of policy.
9 Section 3. Definitions.
10 Section 4. Construction of act.
11 Section 5. Moratorium.
12 Section 6. Regulations.
13 Section 7. Repeals.
14 Section 8. Effective date.
15 Amend Bill, page 2, line 30 pages 3 through 44; lines 1
16 through 30; page 45, lines 1 through 24, by striking out all of
17 said lines on said pages and inserting
18 Section 1. Short title.
19 This act shall be known and may be cited as the Solid Waste
20 Control Act.
21 Section 2. Legislative findings and declaration of policy.
22 (a) Legislative findings.--The General Assembly hereby
23 determines, declares and finds that:
24 (1) Solid waste practices create public health hazards,
25 environmental pollution and nuisances and can cause
26 irreparable harm to the public health, safety and welfare.
27 (2) All aspects of solid waste management, particularly
28 the disposal of solid waste, pose a critical threat to the
29 health, safety and welfare of the residents of this
30 Commonwealth when solid waste is improperly managed.
31 (3) The Commonwealth is responsible for the protection
32 of the health, safety and welfare of its residents concerning
33 solid waste management.
34 (4) The construction and expansion of commercial solid
35 waste landfills and resource recovery facilities usually
1 consumes natural lands, thereby impinging upon wildlife
2 habitat and the public's use and enjoyment of the natural
3 resources, including air, water and natural scenic, historic
4 and esthetic values of the environment.
5 (b) Purposes and goals.--The purposes and goals of this act
6 are to:
7 (1) Enhance the protection of the public health, safety
8 and welfare from the short-term and long-term dangers
9 associated with the disposal of solid waste.
10 (2) Implement section 27 of Article I of the
11 Constitution of Pennsylvania.
12 (3) Conserve the environment and the natural resources
13 of this Commonwealth.
14 (4) Limit the magnitude of environmental and
15 transportation problems in and around communities which host
16 commercial solid waste landfills or resource recovery
17 facilities.
18 Section 3. Definitions.
19 (a) General rule.--Unless specifically defined in this
20 section, the terms in this act have the same meaning as provided
21 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
22 Waste Management Act, or the act of July 28, 1988 (P.L.556,
23 No.101), known as the Municipal Waste Planning, Recycling and
24 Waste Reduction Act, or regulations of the Department of
25 Environmental Protection promulgated thereunder.
26 (b) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Commercial solid waste landfill." A landfill permitted or
30 proposed for permitting under the act of July 7, 1980 (P.L.380,
31 No.97), known as the Solid Waste Management Act, for the
32 disposal of municipal waste, residual waste, construction and
33 demolition waste or mixed municipal and residual waste,
34 including mixed municipal or residual waste and construction and
35 demolition debris. The term does not include a captive residual
36 waste facility.
37 "Department." The Department of Environmental Protection of
38 the Commonwealth and its authorized representatives.
39 "Expansion modification." An application for permit
40 modification filed by an owner or operator of a commercial solid
41 waste landfill or resource recovery facility which requests an
42 expansion, either laterally or vertically, of a permit area.
43 "Host municipality." A municipality other than the county
44 which meets one of the following criteria:
45 (1) a commercial solid waste landfill or resource
46 recovery facility or any portion of a permit area is located
47 or proposed to be located within the municipality; or
48 (2) the municipality is located within one-half mile of
49 any portion of a permit area of a proposed or operating
50 commercial solid waste landfill or resource recovery
51 facility.
52 "Host municipality agreement." A written, legally binding
53 document or documents executed by authorized officials of each
54 host municipality and an owner or operator of a commercial solid
55 waste landfill or resource recovery facility.
56 "Municipal Waste Planning, Recycling and Waste Reduction
57 Act." The act of July 28, 1988 (P.L.556, No.101), known as the
58 Municipal Waste Planning, Recycling and Waste Reduction Act.
59 "Pennsylvania Municipalities Planning Code." The act of July
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1 31, 1968 (P.L.805, No.247), known as the Pennsylvania
2 Municipalities Planning Code.
3 "Permit." A permit issued pursuant to the act of July 7,
4 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
5 "Secretary." The Secretary of Environmental Protection of
6 the Commonwealth.
7 "Solid Waste Management Act." The act of July 7, 1980
8 (P.L.380, No.97), known as the Solid Waste Management Act.
9 "Volume modification." An application for permit
10 modification filed by an owner or operator of a commercial solid
11 waste landfill or resource recovery facility which requests an
12 increased in average or maximum daily waste volume.
13 Section 4. Construction of act.
14 (a) Liberal construction.--This act shall be liberally
15 construed so as best to achieve and effectuate the goals and
16 purposes of this act.
17 (b) Pari materia.--This act shall be construed in pari
18 materia with the Solid Waste Management Act, the Municipal Waste
19 Planning, Recycling and Waste Reduction Act and sections 1935-A
20 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known
21 as The Administrative Code of 1929.
22 Section 5. Moratorium.
23 (a) Permits relating to construction, expansion or
24 operation.--For a period of two years following the effective
25 date of this act, the department shall not accept an application
26 for a permit or permit modification nor issue a permit or permit
27 modification under the Solid Waste Management Act for the
28 construction, expansion or operation of a municipal waste
29 landfill, construction/demolition waste landfill, resource
30 recovery facility or commercial residual waste disposal
31 facility.
32 (b) Permit modifications relating to daily volume.--For a
33 period of two years following the effective date of this act,
34 the department shall not accept for review nor issue a permit
35 modification that would result in an increase in average daily
36 volume or maximum daily volume at a municipal waste landfill,
37 construction/demolition waste landfill, resource recovery
38 facility or commercial residual waste disposal facility.
39 (c) Return of applications.---Immediately following the
40 effective date of this act, the department shall return the
41 following applications and shall conduct no further review
42 during the pendency of the moratorium established in subsections
43 (a) and (b).
44 (1) Applications for new municipal waste landfills,
45 construction/demolition waste landfills, resource recovery
46 facilities or commercial residual waste disposal facilities.
47 (2) Applications for expansions of municipal waste
48 landfills, construction/demolition waste landfills or
49 commercial residual waste disposal facilities.
50 (3) Applications for permit modifications to increase
51 average daily volume or maximum daily volume at municipal
52 waste landfills, construction/demolition waste landfills,
53 resource recovery facilities or commercial residual waste
54 disposal facilities.
55 (d) Monitoring of remaining capacity.--During the pendency
56 of the moratorium established in this section and at all times
57 thereafter, the department shall monitor the remaining capacity
58 at all municipal waste landfills, construction/demolition waste
59 landfills, resource recovery facilities and commercial residual
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1 waste disposal facilities. Following the expiration of the
2 moratorium, no permit modification application identified in
3 subsection (a) or (b) will be accepted by the department until
4 the remaining disposal capacity for the facility is five years
5 or less. Following the expiration of the moratorium, an
6 application for a new facility identified in subsection (a) will
7 not be accepted if the disposal capacity is greater than ten
8 years.
9 (e) Exceptions.--This section shall not prohibit the review
10 or issuance of the following during the pendency of the
11 moratorium:
12 (1) A permit renewal or reissuance.
13 (2) A permit modification to allow the receipt of a
14 residual waste not previously approved by the department in
15 the facility's waste acceptance plan.
16 (3) An operational modification that does not affect
17 capacity.
18 (4) A permit amendment to increase the capacity of a
19 facility whose remaining capacity is five years or less to
20 increase its capacity to ten years or less.
21 (f) Special circumstances.--
22 (1) Notwithstanding any other provision of law or this
23 act to the contrary, the department may modify any permit
24 listed in subsection (a), (b) or (c) during the pendency of
25 the moratorium to allow increased maximum or average daily
26 waste volumes if the department:
27 (i) Finds in writing that the modification is
28 necessary to prevent a public health or environmental
29 emergency.
30 (ii) Publishes notice of the finding in the
31 Pennsylvania Bulletin.
32 (2) Action under this subsection shall be taken in
33 accordance with section 503(e) of the Solid Waste Management
34 Act.
35 (g) Emergencies.--Nothing in this section shall supersede
36 any other authority of the Governor or the department to act in
37 the event of an emergency.
38 Section 6. Regulations.
39 The Environmental Quality Board shall have the power and its
40 duty shall be to adopt the regulations of the department to
41 accomplish the purposes and to carry out the provisions of this
42 act.
43 Section 7. Repeals.
44 All acts and parts of acts are repealed insofar as they are
45 inconsistent with this act.
46 Section 8. Effective date.
47 This act shall take effect immediately.
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