Bill Text: PA SB547 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for permit and license application requirements and for enforcement orders; and providing for repeat violations.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2009-06-23 - Re-referred to APPROPRIATIONS [SB547 Detail]

Download: Pennsylvania-2009-SB547-Introduced.html

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PRINTER'S NO. 555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 547 Session of2009
INTRODUCED BY RAFFERTY, GORDNER, FERLO, BROWNE, WASHINGTON, MUSTO, O'PAKE, KITCHEN AND BOSCOLA, MARCH 2, 2009
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 2, 2009
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Resources to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," further
providing for permit and license application requirements and
for enforcement orders; and providing for repeat violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
adding a subsection to read:
Section 502. Permit and license application requirements.
* * *
(e.1) (1) The application for a new permit or a permit
modification that would result in an increased average or
maximum daily waste volume, increased disposal capacity or
expansion of the permit area shall certify that the applicant
does not have any outstanding violations of this act at the
facility that is the subject of the application and that have
not been corrected as of the date of filing of the
application. The permit application shall also certify that
the applicant has complied with any enforcement orders issued
by the department. The department shall not accept an
application for review until it verifies that the application
contains the certification required by this section. Failure
to so certify shall be grounds to return the application to
the applicant without action. Submission of a false
certification shall be cause for denial of the application
and may constitute cause for the revocation or modification
of any approval or permit issued by the department to the
applicant in reliance on the false certification.
(2) A violation is outstanding within the meaning of
this section if the department has issued an enforcement
order under section 602, the violation cited in the
enforcement order is not corrected as of the date of the
filing of the application and the enforcement order has not
been appealed to the Environmental Hearing Board.
(3) A violation is not outstanding within the meaning of
this section if the applicant has entered into an agreement
with the department addressing the violation and is in
compliance with the agreement as of the date of the filing of
the application.
* * *
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Section 2. Section 602(b) of the act, amended July 11, 1989
(P.L.331, No.55), is amended to read:
Section 602. Enforcement orders.
* * *
(b) If the department finds that the storage, collection,
transportation, processing, treatment, beneficial use 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] shall either
institute an action under section 604 or order the person or the
municipality to alter its storage, collection, transportation,
processing, treatment, beneficial use or disposal systems to
provide such storage, collection, transportation, processing,
treatment, beneficial use 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.
* * *
Section 3. The act is amended by adding a section to read:
Section 607.1. Repeat violations.
(a) The department may impose an additional penalty of up to
$50,000 per violation upon any person or municipality that
demonstrates a pattern of multiple violations of a single
regulation occurring at a single facility. A pattern of multiple
violations exists when three or more notices of violation are
issued for the same regulation for a single facility within a
period of 90 days.
(b) In determining the amount of a penalty to be assessed
under this section, the department shall consider the severity
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of the violations, the duration of the violations and the
culpability of the person or municipality.
(c) An assessment of a penalty under this section is final
and appealable.
(d) Penalties imposed by the department under this section
upon any person or municipality that demonstrates a pattern of
multiple violations of section 610 shall not be waived by the
department. Nothing in this section shall be construed to limit
or otherwise restrict the department in settling claims against
violators under this section or section 602.
(e) This section shall not preclude the department from
approving a community environmental project in lieu of all or
part of a penalty assessed under this section.
Section 4. This act shall take effect in 60 days.
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