Note: Amendment 4014 is a combination of amendments A4054 and A3941
H1436B2185A4014 MRD:DH 11/09/01 #90 A4014
AMENDMENTS TO HOUSE BILL NO. 1436
Sponsor: REPRESENTATIVE FEESE
Printer's No. 2185
1 Amend Title, page 1, line 2, by inserting after "facilities;"
2 and
3 Amend Title, page 1, line 2, by removing the semicolon after
4 "MORATORIUM" and inserting a period
5 Amend Title, page 1, lines 3 through 9, by striking out all
6 of said lines
7 Amend Table of Contents, page 2, lines 4 through 26, by
8 striking out all of said lines and inserting
9 Section 1. Short title.
10 Section 2. Legislative findings and declaration of policy.
11 Section 3. Definitions.
12 Section 4. Construction of act.
13 Section 5. Moratorium.
14 Section 6. Host municipality agreements.
15 Section 7. Enforcement.
16 Section 8. Civil penalties.
17 Section 9. Regulations.
18 Section 10. Severability.
19 Section 11. Repeals.
20 Section 12. Effective date.
21 Amend Bill, page 2, line 30; pages 3 through 44; lines 1
22 through 30; page 45, lines 1 through 24, by striking out all of
23 said lines on said pages and inserting
24 Section 1. Short title.
25 This act shall be known and may be cited as the Solid Waste
26 Control and Host Municipality Agreement Act.
27 Section 2. Legislative findings and declaration of policy.
28 (a) Legislative findings.--The General Assembly hereby
29 determines, declares and finds that:
30 (1) Solid waste practices create public health hazards,
31 environmental pollution and nuisances and can cause
32 irreparable harm to the public health, safety and welfare.
1 (2) All aspects of solid waste management, particularly
2 the disposal of solid waste, pose a critical threat to the
3 health, safety and welfare of the residents of this
4 Commonwealth when solid waste is improperly managed.
5 (3) The Commonwealth is responsible for the protection
6 of the health, safety and welfare of its residents concerning
7 solid waste management.
8 (4) The construction and expansion of commercial solid
9 waste landfills and resource recovery facilities usually
10 consumes natural lands, thereby impinging upon wildlife
11 habitat and the public's use and enjoyment of the natural
12 resources, including air, water and natural scenic, historic
13 and esthetic values of the environment.
14 (5) Concentrated traffic in the vicinity of commercial
15 solid waste landfills and resource recovery facilities can
16 contribute to and cause substantial harm to this
17 Commonwealth's roadways and environment and to the health and
18 safety of the residents of this Commonwealth.
19 (6) Communities in the areas located near and along the
20 approach routes to commercial solid waste landfills and
21 resource recovery facilities experience traffic problems,
22 litter, odors, noise, dust and other nuisances that are
23 threats to public health and safety resulting from the
24 operation of the facilities and from the transportation of
25 waste to these facilities.
26 (b) Purposes and goals.--The purposes and goals of this act
27 are to:
28 (1) Provide municipalities across this Commonwealth with
29 the ability to control the disposal of solid waste in their
30 communities.
31 (2) Enhance the protection of the public health, safety
32 and welfare from the short-term and long-term dangers
33 associated with the disposal of solid waste.
34 (3) Implement section 27 of Article I of the
35 Constitution of Pennsylvania.
36 (4) Conserve the environment and the natural resources
37 of this Commonwealth.
38 (5) Limit the magnitude of environmental and
39 transportation problems in and around communities which host
40 commercial solid waste landfills or resource recovery
41 facilities.
42 (6) Provide for greater local input from affected
43 residents and communities in the planning of commercial solid
44 waste landfills and resource recovery facilities.
45 (7) Protect residents of the communities affected by
46 commercial solid waste landfills and resource recovery
47 facilities from unnecessary traffic problems, litter, odors,
48 noise, dust and other nuisances that are threats to public
49 health and safety which may result from the operation of the
50 facilities and from the transportation of waste to these
51 facilities.
52 Section 3. Definitions.
53 (a) General rule.--Unless specifically defined in this
54 section, the terms in this act have the same meaning as provided
55 in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
56 Waste Management Act, or the act of July 28, 1988 (P.L.556,
57 No.101), known as the Municipal Waste Planning, Recycling and
58 Waste Reduction Act, or regulations of the Department of
59 Environmental Protection promulgated thereunder.
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1 (b) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Commercial solid waste landfill." A landfill permitted or
5 proposed for permitting under the act of July 7, 1980 (P.L.380,
6 No.97), known as the Solid Waste Management Act, for the
7 disposal of municipal waste, residual waste, construction and
8 demolition waste or mixed municipal and residual waste,
9 including mixed municipal or residual waste and construction and
10 demolition debris. The term does not include a captive residual
11 waste facility.
12 "Department." The Department of Environmental Protection of
13 the Commonwealth and its authorized representatives.
14 "Expansion modification." An application for permit
15 modification filed by an owner or operator of a commercial solid
16 waste landfill or resource recovery facility which requests an
17 expansion, either laterally or vertically, of a permit area.
18 "Host municipality." A municipality other than the county
19 which meets one of the following criteria:
20 (1) a commercial solid waste landfill or resource
21 recovery facility or any portion of a permit area is located
22 or proposed to be located within the municipality; or
23 (2) the municipality is located within one-half mile of
24 any portion of a permit area of a proposed or operating
25 commercial solid waste landfill or resource recovery
26 facility.
27 "Host municipality agreement." A written, legally binding
28 document or documents executed by authorized officials of each
29 host municipality and an owner or operator of a commercial solid
30 waste landfill or resource recovery facility.
31 "Municipal Waste Planning, Recycling and Waste Reduction
32 Act." The act of July 28, 1988 (P.L.556, No.101), known as the
33 Municipal Waste Planning, Recycling and Waste Reduction Act.
34 "Pennsylvania Municipalities Planning Code." The act of July
35 31, 1968 (P.L.805, No.247), known as the Pennsylvania
36 Municipalities Planning Code.
37 "Permit." A permit issued pursuant to the act of July 7,
38 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
39 "Secretary." The Secretary of Environmental Protection of
40 the Commonwealth.
41 "Solid Waste Management Act." The act of July 7, 1980
42 (P.L.380, No.97), known as the Solid Waste Management Act.
43 "Volume modification." An application for permit
44 modification filed by an owner or operator of a commercial solid
45 waste landfill or resource recovery facility which requests an
46 increased in average or maximum daily waste volume.
47 Section 4. Construction of act.
48 (a) Liberal construction.--This act shall be liberally
49 construed so as best to achieve and effectuate the goals and
50 purposes of this act.
51 (b) Pari materia.--This act shall be construed in pari
52 materia with the Solid Waste Management Act, the Municipal Waste
53 Planning, Recycling and Waste Reduction Act and sections 1935-A
54 and 1936-A of the act of April 9, 1929 (P.L.177, No.175), known
55 as The Administrative Code of 1929.
56 Section 5. Moratorium.
57 (a) Permits relating to construction, expansion or
58 operation.--For a period of two years following the effective
59 date of this act, the department shall not accept an application
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1 for a permit or permit modification nor issue a permit or permit
2 modification under the Solid Waste Management Act for the
3 construction, expansion or operation of a municipal waste
4 landfill, construction/demolition waste landfill, resource
5 recovery facility or commercial residual waste disposal
6 facility.
7 (b) Permit modifications relating to daily volume.--For a
8 period of two years following the effective date of this act,
9 the department shall not accept for review nor issue a permit
10 modification that would result in an increase in average daily
11 volume or maximum daily volume at a municipal waste landfill,
12 construction/demolition waste landfill, resource recovery
13 facility or commercial residual waste disposal facility.
14 (c) Return of applications.---Immediately following the
15 effective date of this act, the department shall return the
16 following applications and shall conduct no further review
17 during the pendency of the moratorium established in subsections
18 (a) and (b).
19 (1) Applications for new municipal waste landfills,
20 construction/demolition waste landfills, resource recovery
21 facilities or commercial residual waste disposal facilities.
22 (2) Applications for expansions of municipal waste
23 landfills, construction/demolition waste landfills or
24 commercial residual waste disposal facilities.
25 (3) Applications for permit modifications to increase
26 average daily volume or maximum daily volume at municipal
27 waste landfills, construction/demolition waste landfills,
28 resource recovery facilities or commercial residual waste
29 disposal facilities.
30 (d) Monitoring of remaining capacity.--During the pendency
31 of the moratorium established in this section and at all times
32 thereafter, the department shall monitor the remaining capacity
33 at all municipal waste landfills, construction/demolition waste
34 landfills, resource recovery facilities and commercial residual
35 waste disposal facilities. Following the expiration of the
36 moratorium, no permit modification application identified in
37 subsection (a) or (b) will be accepted by the department until
38 the remaining disposal capacity for the facility is five years
39 or less. Following the expiration of the moratorium, an
40 application for a new facility identified in subsection (a) will
41 not be accepted if the disposal capacity is greater than ten
42 years.
43 (e) Exceptions.--This section shall not prohibit the review
44 or issuance of the following during the pendency of the
45 moratorium:
46 (1) A permit renewal or reissuance.
47 (2) A permit modification to allow the receipt of a
48 residual waste not previously approved by the department in
49 the facility's waste acceptance plan.
50 (3) An operational modification that does not affect
51 capacity.
52 (4) A permit amendment to increase the capacity of a
53 facility whose remaining capacity is five years or less to
54 increase its capacity to ten years or less.
55 (f) Special circumstances.--
56 (1) Notwithstanding any other provision of law or this
57 act to the contrary, the department may modify any permit
58 listed in subsection (a), (b) or (c) during the pendency of
59 the moratorium to allow increased maximum or average daily
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1 waste volumes if the department:
2 (i) Finds in writing that the modification is
3 necessary to prevent a public health or environmental
4 emergency.
5 (ii) Publishes notice of the finding in the
6 Pennsylvania Bulletin.
7 (2) Action under this subsection shall be taken in
8 accordance with section 503(e) of the Solid Waste Management
9 Act.
10 (g) Emergencies.--Nothing in this section shall supersede
11 any other authority of the Governor or the department to act in
12 the event of an emergency.
13 Section 6. Host municipality agreements.
14 (a) General rule.--Each host municipality may enter into
15 negotiations for the development of a host municipality
16 agreement. If a host municipality agreement is developed, the
17 governing body of each host municipality shall vote to adopt or
18 reject the agreement.
19 (b) Public notice and public involvement requirements.--
20 (1) If negotiations are entered into, each host
21 municipality shall publish notice that discussions for
22 developing a host municipality agreement with the commercial
23 solid waste landfill or resource recovery facility have
24 begun. The notice also shall describe the public involvement
25 process that the host municipality will use to develop the
26 agreement. The notice shall be published once a week for
27 three consecutive weeks in a newspaper of general circulation
28 in the municipality where the facility or proposed facility
29 is located. The public involvement process shall, at a
30 minimum, include the following:
31 (i) The host municipality shall hold a special
32 public hearing at which a proposed host municipality
33 agreement is presented to the public and at which the
34 public is provided an opportunity to provide oral and
35 written testimony. Notice of the hearing shall be
36 published in a newspaper of general circulation in the
37 municipality not less than ten days nor more than 30 days
38 prior to the hearing. A public comment period of no less
39 than 30 calendar days shall be provided after the public
40 hearing to accept written comments on the proposed host
41 municipality agreement.
42 (ii) The host municipality shall hold a special
43 public meeting at which revisions to the proposed host
44 municipality agreement are presented to the public by the
45 municipality, including changes to the proposed host
46 municipality agreement that were adopted after the public
47 hearing and public comment period. The public shall be
48 provided a reasonable opportunity to ask questions to the
49 host municipality on the host municipality agreement and
50 to provide public comment. Notice of the hearing shall be
51 published in a newspaper of general circulation in the
52 municipality not less than ten days nor more than 30 days
53 prior to the hearing.
54 (iii) The host municipality shall publish the
55 decision on adopting or rejecting the final agreement
56 within 30 calendar days of acting.
57 (2) The public involvement process may contain
58 additional public notice and involvement in a manner
59 determined by the municipality.
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1 (c) Contents of agreement.--
2 (1) A host municipality agreement agreed to and executed
3 by the parties shall address the following:
4 (i) The nature of the proposed facility.
5 (ii) The site of the proposed facility or expansion
6 of the existing facility.
7 (iii) Measures to alleviate local issues, such as
8 haul routes, traffic problems, litter, odors, noise, dust
9 and any other nuisances that might result from the
10 operation of the facility. Such local issues shall be
11 identified by the host municipality.
12 (iv) The host benefit fee to be paid by the owner or
13 operator of the facility to the host municipality, which
14 fee shall not be less than the statutory minimum fee
15 established under the Municipal Waste Planning, Recycling
16 and Waste Reduction Act and any other financial and in-
17 kind contributions.
18 (v) The maximum and daily average waste volume to be
19 received at the facility.
20 (vi) The days and hours of operation of the
21 facility.
22 (vii) The availability of capacity at the facility
23 for the disposal of solid waste generated within the host
24 municipality.
25 (viii) Activities to promote recycling, waste
26 reduction and the proper management and disposal of solid
27 waste generated within the host municipality.
28 (ix) The process for resolution in a cooperative and
29 nonbinding manner of complaints and other grievances
30 concerning the construction and operation of the
31 facility.
32 (x) Provision for access to the facility and its
33 records by the host municipality inspector.
34 (xi) A statement that if Congress enacts a law that
35 places restrictions on out-of-State waste, the host
36 municipality may renegotiate its host municipality
37 agreement in regard to out-of-State waste.
38 (2) A host municipality agreement agreed to and executed
39 by the parties may address any other terms or conditions to
40 which the parties agree should be included in the agreement.
41 (d) Requirement for host municipality agreement.--
42 (1) The department shall revoke the permit of any
43 currently permitted commercial solid waste landfill or
44 resource recovery facility that does not execute a host
45 municipality agreement in accordance with the schedule
46 established in this section.
47 (2) For a commercial solid waste landfill or resource
48 recovery facility for which a host municipality agreement was
49 executed prior to or on the effective date of this act,
50 except as provided in paragraphs (3) and (4), a new host
51 municipality agreement shall be:
52 (i) executed by the owner or operator and the host
53 municipality or municipalities on the date the existing
54 host municipality agreement expires or five years after
55 the effective date of this act, whichever occurs first;
56 and
57 (ii) submitted to the department for review within
58 30 days of execution.
59 (3) For a commercial solid waste landfill or resource
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1 recovery facility for which:
2 (i) no host municipality agreement has been executed
3 as of the effective date of this act; or
4 (ii) a host municipality agreement was executed on
5 or before the effective date of this act but which
6 agreement expires within two years of the effective date
7 of this act,
8 a host municipality agreement shall be executed by the owner
9 or operator and the host municipality or municipalities
10 within two years of the effective date of this act and
11 submitted to the department for review within 30 days of
12 execution.
13 (4) For any commercial solid waste landfill or resource
14 recovery facility for which a host municipality agreement was
15 executed prior to or on the effective date of this act but
16 which has not begun to accept solid waste as of the effective
17 date of this act, a new host municipality agreement shall be
18 executed by the owner or operator and the host municipality
19 or municipalities within two years of the effective date of
20 this act and submitted to the department for approval within
21 30 days of execution.
22 (5) A new host municipality agreement for each host
23 municipality shall be executed in accordance with this
24 section and submitted to the department for review for any
25 expansion modification or volume modification filed by an
26 owner or operator of a commercial solid waste landfill or
27 resource recovery facility after the effective date of this
28 act.
29 (6) A host municipality agreement shall be executed in
30 accordance with this section by an owner or operator and the
31 host municipality or municipalities and shall be submitted to
32 the department for review for any new commercial solid waste
33 landfill or resource recovery facility.
34 (e) Relationship to permit applications.--
35 (1) An application for a permit, volume modification or
36 expansion modification for a commercial solid waste landfill
37 or resource recovery facility which is submitted to the
38 department for review after the effective date of this act
39 shall only be accepted as administratively complete under
40 section 512(a) of the Municipal Waste Planning, Recycling and
41 Waste Reduction Act and the regulations promulgated
42 thereunder if it includes written evidence that a host
43 municipality agreement complies with the requirements of this
44 section and has been executed by the applicant and each host
45 municipality. Such written evidence shall be contained as
46 part of the application.
47 (2) An application for a permit, volume modification or
48 expansion modification for a commercial solid waste landfill
49 or resource recovery facility which is submitted to the
50 department for review on, before or after the effective date
51 of this act shall be issued by the department only if a host
52 municipality agreement that complies with this section has
53 been executed by the applicant and each host municipality.
54 The department shall not issue the permit or permit
55 modification until an executed host municipality agreement
56 has been submitted to the department.
57 (f) Department review of host municipality agreements.--
58 (1) For all host municipality agreements submitted to
59 the department for review under this section, the department
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1 shall review each executed host municipality agreement to
2 ensure that the agreement addresses the requirements of
3 subsection (c)(1) and also to ensure that there has been
4 compliance with the public notice and public comment
5 requirements of subsection (b).
6 (2) The department shall review the terms and conditions
7 of the host municipality agreement that address subsection
8 (c)(1)(iii), (v), (vi), (vii) and (viii) to ensure the terms
9 and conditions of the host municipality agreement are not in
10 conflict with the terms and conditions of the existing or
11 proposed permit and applicable regulations. Where the
12 department determines there is a conflict between the terms
13 and conditions of the host municipality agreement and the
14 terms and conditions of the regulations or existing or
15 proposed permit, the more stringent or restrictive
16 requirement or condition as determined by the department
17 shall apply. In making its determination, the department
18 shall consider any comments submitted by any affected or
19 potentially affected party. The department shall modify the
20 permit to incorporate any such term or condition, including
21 any term or condition that is not addressed in the proposed
22 or existing permit.
23 (g) Enforcement of host municipality agreement.--
24 (1) The terms of a host municipality agreement shall be
25 enforceable by the parties to the agreement. The courts of
26 common pleas are hereby given jurisdiction over disputes
27 between the host municipality and the facility owner or
28 operator regarding the enforcement of a host municipality
29 agreement.
30 (2) A host municipality which is successful in an action
31 brought under this subsection to enforce an agreement
32 involving a facility owner or operator shall be awarded
33 reasonable attorney fees and costs of litigation.
34 (h) Reimbursement of host municipality costs.--At the
35 request of a host municipality, the department shall reimburse
36 the host municipality for costs incurred in negotiating a host
37 municipality agreement under this section. Costs covered shall
38 be limited to costs incurred for professional fees for lawyers,
39 engineers and other professionals used in the efforts to reach
40 an agreement. Any reimbursement shall be provided from funds in
41 the recycling fund established by section 706 of the Municipal
42 Waste Planning, Recycling and Waste Reduction Act or in the
43 Solid Waste Abatement Fund established under section 701 of the
44 Solid Waste Management Act, upon approval by the Governor.
45 Reimbursement shall not exceed $50,000 for each host
46 municipality agreement. The combined total reimbursement from
47 the two funds shall not exceed $750,000 annually or $2,500,000
48 over a five-year period from the effective date of this act.
49 (i) Relationship to other laws.--
50 (1) To the extent the terms of a host municipality
51 agreement differ from any existing ordinance adopted pursuant
52 to section 304(b) of the Municipal Waste Planning, Recycling
53 and Waste Reduction Act and concerning:
54 (i) the hours and days during which vehicles may
55 deliver waste to the commercial solid waste facility or
56 resource recovery facility; or
57 (ii) the routing of traffic to and from the
58 commercial solid waste landfill or resource recovery
59 facility,
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1 the host municipality shall amend the ordinance to comply
2 with the agreement within 90 days of the adoption of the host
3 municipality agreement.
4 (2) Host municipality agreements shall be executed by
5 the parties in the manner provided for in this act and shall
6 not be subject to competitive bidding or other competitive
7 procurement requirements.
8 (3) The provisions of section 1305 of the Municipal
9 Waste Planning, Recycling and Waste Reduction Act shall be
10 applicable to any host benefit fee set forth in any host
11 municipality agreement executed pursuant to this act.
12 (4) Except as required by this section, the discussions
13 for developing a host municipality agreement shall not be
14 subject to the requirements of 65 Pa.C.S. Ch. 7 (relating to
15 open meetings).
16 Section 7. Enforcement.
17 (a) Orders.--
18 (1) The department may issue orders to persons and
19 municipalities as it deems necessary to aid in the
20 enforcement of this act. An order issued under this act shall
21 take effect upon notice unless the order specifies otherwise.
22 (2) An appeal to the Environmental Hearing Board shall
23 not act as a supersedeas.
24 (3) The power of the department to issue an order under
25 this act is in addition to any other remedy which may be
26 afforded to the department pursuant to this act or any other
27 act.
28 (b) Duty to comply with orders of department.--It shall be
29 the duty of any person and municipality to proceed diligently to
30 comply with any order issued pursuant to this section. If the
31 person or municipality fails to proceed diligently or fails to
32 comply with the order within the time, if any, as may be
33 specified, the person or municipality shall be guilty of
34 contempt and shall be punished by the court in an appropriate
35 manner and, for this purpose, application may be made by the
36 department to the court.
37 Section 8. Civil penalties.
38 (a) Authority.--
39 (1) In addition to proceeding under any other remedy
40 available at law or in equity for a violation of any
41 provision of this act, any rule or regulation of the
42 department or order of the department, the department may
43 assess a civil penalty upon a person for the violation. The
44 penalty may be assessed whether or not the violation was
45 willful or negligent.
46 (2) In determining the amount of the penalty, the
47 department shall consider the willfulness of the violation,
48 damage to air, water, land or other natural resources of this
49 Commonwealth or their uses, cost or restoration and
50 abatement, savings resulting to the person in consequence of
51 the violation and other relevant factors.
52 (3) The maximum civil penalty that may be assessed
53 pursuant to this section is $25,000 per offense. Each
54 violation for each separate day and each violation of any
55 provision of this act, any rule or regulation under this act,
56 any order of the department or any term or condition of a
57 permit or permits shall constitute a separate and distinct
58 offense under this section.
59 (b) Procedure.--
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1 (1) When the department proposes to assess a civil
2 penalty, it shall inform the person of the proposed amount of
3 the penalty. The person charged with the penalty shall then
4 have 30 calendar days to pay the proposed penalty in full or,
5 if the person wishes to contest the amount of the penalty or
6 the fact of the violation to the extent not already
7 established, the person shall forward the proposed amount of
8 the penalty to the Environmental Hearing Board within the 30-
9 calendar day period for placement in an escrow account with
10 the State Treasurer or any Commonwealth bank or post an
11 appeal bond to the hearing board within 30 calendar days in
12 the amount of the proposed penalty if the bond is executed by
13 a surety licensed to do business in this Commonwealth and is
14 satisfactory to the department.
15 (2) If through administrative or final judicial review
16 of the proposed penalty it is determined that no violation
17 occurred or that the amount of the penalty shall be reduced,
18 the hearing board shall within 30 calendar days remit the
19 appropriate amount to the person with any interest
20 accumulated by the escrow deposit.
21 (3) Failure to forward the money or the appeal bond at
22 the time of the appeal shall result in a waiver of all legal
23 rights to contest the violation or the amount of the civil
24 penalty unless the appellant alleges financial inability to
25 prepay the penalty or to post the appeal bond. The hearing
26 board shall conduct a hearing to consider the appellant's
27 alleged inability to pay within 30 calendar days of the date
28 of the appeal.
29 (4) The hearing board may waive the requirement to
30 prepay the civil penalty or to post an appeal bond if the
31 appellant demonstrates and the hearing board finds that the
32 appellant is financially unable to pay. The hearing board
33 shall issue an order within 30 calendar days of the date of
34 the hearing to consider the appellant's alleged inability to
35 pay.
36 (5) The amount assessed after administrative hearing or
37 after waiver of administrative hearing shall be payable to
38 the Commonwealth and shall be collectible in any manner
39 provided by law for the collection of debts, including the
40 collection of interest at the legal rate, which shall run
41 from the date of assessment of the penalty.
42 (6) If any person liable to pay a penalty neglects or
43 refuses to pay the same after demand, the amount, together
44 with interest and any costs that may accrue, shall constitute
45 a debt of the person, as may be appropriate, to the Solid
46 Waste Abatement Fund. The debt shall constitute a lien on all
47 property owned by the person when a notice of lien
48 incorporating a description of the property of the person
49 subject to the action is filed with the prothonotary of the
50 court of common pleas where the property is located.
51 (7) The prothonotary shall promptly enter upon the civil
52 judgment or order docket, at no cost to the department, the
53 name and address of the person, as may be appropriate, and
54 the amount of the lien as set forth in the notice of lien.
55 Upon entry by the prothonotary, the lien shall attach to the
56 revenues and all real and personal property of the person,
57 whether or not the person is solvent.
58 (8) The notice of lien, filed pursuant to this
59 subsection, which affects the property of the person shall
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1 create a lien with priority over all subsequent claims or
2 liens which are filed against the person, but it shall not
3 affect any valid lien, right or interest in the property
4 filed in accordance with established procedure prior to the
5 filing of a notice of lien under this subsection.
6 Section 9. Regulations.
7 The Environmental Quality Board shall have the power and its
8 duty shall be to adopt the regulations of the department to
9 accomplish the purposes and to carry out the provisions of this
10 act.
11 Section 10. Severability.
12 The provisions of this act are severable. If any provision of
13 this act or its application to any person or circumstance is
14 held invalid, the invalidity shall not affect other provisions
15 or applications of this act which can be given effect without
16 the invalid provision or application.
17 Section 11. Repeals.
18 All acts and parts of acts are repealed insofar as they are
19 inconsistent with this act.
20 Section 12. Effective date.
21 This act shall take effect immediately.
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