LEGISLATION AFFECTING THE SOLID WASTE INDUSTRY
By
Robert J. Yarbrough
July, 2001
The cited legislative histories of the following bills are current as of June 13, 2001.
I. Fees and Host Municipality Agreements.
HB 54 – Bard, Geist, Hennessey, Youngblood, Laughlin, DeLuca, Shaner, Wansacz, Frankel, Surra and Steelman. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 23, 2001.
HB 54 provides for host county fees of $1.00 per ton or $1.00 per cubic yard of waste received by a landfill or resource recovery facility. HB 54 also preempts and supercedes any tax imposed under the Local Tax Enabling Act.
HB 427 - Representatives GRUCELA, COY, SOLOBAY, YUDICHAK, COLAFELLA, DeLUCA, FREEMAN, GEORGE, JOSEPHS, LAUGHLIN, McCALL, ROONEY, RUFFING, SHANER, SURRA, THOMAS, WANSACZ and C. WILLIAMS. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Feb. 5, 2001.
HB 427 would add a new chapter to Act 101 to address transportation. A “transportation fee” of $2.00 per ton is assessed where the principal place of business of the transporter is more than 50 miles from the Pennsylvania waste disposal facility where the waste is disposed. The waste facility operator pays the fee to the host municipality. DEP can shut down the operator if the amount due is not paid within 30 days of receipt of the notice. The fee is automatically added as a surcharge to any tipping fees charged by the operator and any transportation fees charged by the transporter. The interstate commerce implications of this provision are obvious.
HB 1342 - Representatives CREIGHTON, WANSACZ, THOMAS, ARMSTRONG, BELARDI, CAWLEY, COLEMAN, DAILEY, FRANKEL, GABIG, GRUCELA, HENNESSEY, HORSEY, NAILOR, SHANER, STEELMAN, STURLA, E. Z. TAYLOR, TRELLO, J. WILLIAMS, WOJNAROSKI and YOUNGBLOOD. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 12, 2001.
HB 1342 amends the SWMA to add a waste disposal fee charged against the waste facility operators that receive more than 30,000 cubic yards of waste per year. The fee is $50.00 per ton of waste received. The fee may be automatically added by the operator to contract amounts due to the operator from customers. The money will be segregated by DEP. At least 50% of the money will be paid to municipalities that reduce their property tax millage rates by a corresponding amount. The remaining money will be used for “municipal infrastructure development” or for local recycling or other waste-related municipal projects.
The transparent purpose of HB 1342 is to make Pennsylvania facilities prohibitively expensive for New York waste. The bill subsidizes Pennsylvania municipalities either directly through money payments or indirectly through state funding of municipal programs so Pennsylvania residents will not suffer higher waste disposal costs. The Commerce Clause implications are obvious.
HB 1436 - Representatives S. H. SMITH, HERSHEY, BARD, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, FAIRCHILD, HENNESSEY, HERMAN, HESS, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, B. SMITH, E. Z. TAYLOR, THOMAS, TRELLO and DALLY.
Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 25, 2001. Reported as amended, June 12, 2001
First consideration, June 12, 2001
Re-committed to RULES, June 12, 2001
HB1436 is the same as negotiated SB814 relating to Host Municipality Agreements and waste transportation requirements.
HB 1437 - Representatives S. H. SMITH, HERSHEY, SURRA, BARD, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, FAIRCHILD, FRANKEL, GRUCELA, HENNESSEY, HERMAN, HESS, LAUGHLIN, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, STEIL, E. Z. TAYLOR, TRELLO, YUDICHAK and DALLY. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 25, 2001.
HB1437 includes the Host Municipality Agreement portions of SB814 and HB1436, but excludes the transportation portions.
HB 1488 - Representatives DALLY, HENNESSEY, YOUNGBLOOD, CAPPELLI, DALEY, CALTAGIRONE, FREEMAN, SURRA, CAWLEY, JAMES, E. Z. TAYLOR, GEORGE, ROSS, LEWIS, HARHAI, THOMAS, CREIGHTON, CRUZ, GRUCELA, KIRKLAND and WANSACZ. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, May 2, 2001.
HB 1488 would amend Act 101 to provide an annual “economic benefit” payable by waste facility operators to host municipalities and surrounding municipalities based on land use planning concepts such as truck traffic, proximity of the facility to populated areas and surrounding uses. If the operator and municipality do not agree, the Secretary of DEP will determine the economic benefit payment.
SB 180 - Senators O'PAKE, COSTA, MUSTO and BOSCOLA. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 30, 2001.
Imposes a “landfill impact fee” of $.25 per ton. The money will be paid to the owner of a residential property located within one mile of a landfill that was permitted or expanded since 1988 where the property owner has suffered a decrease in property values. The money also will be used for traffic safety improvement projects within ten miles of the landfill.
SB 814 - Senators PICCOLA, BRIGHTBILL, MUSTO, M. WHITE, SCARNATI, O'PAKE, BOSCOLA, TILGHMAN, GERLACH, WAUGH, KUKOVICH, HELFRICK, MOWERY, TOMLINSON, PUNT, HOLL, STACK and MURPHY.
Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 23, 2001
Reported as committed, April 25, 2001
First consideration, April 25, 2001
Re-referred to APPROPRIATIONS, April 30, 2001
Re-reported as amended, June 11, 2001
SB 814 is the negotiated bill on Host Municipality Agreements and transportation controls for waste haulers.
II. Moratoria, capacity caps and local veto.
HB 198 - WANSACZ, GEORGE, DeWEESE, CAWLEY, BLAUM, GORDNER, MUNDY, TIGUE, M. COHEN, D. EVANS, BARD, BEBKO-JONES, BELFANTI, COLAFELLA, COSTA, CURRY, DALEY, DALLY, DeLUCA, FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI, PETRARCA, SHANER, SOLOBAY, STEELMAN, STURLA, SURRA, TANGRETTI, WALKO, WASHINGTON, C. WILLIAMS, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, HENNESSEY, HUTCHINSON, JAMES, JOSEPHS, KAISER, LAUGHLIN, LEH, LEVDANSKY, LUCYK, MANDERINO, MANN, McCALL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC, BROWNE, EACHUS, HORSEY, TRELLO, BELARDI and PALLONE. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 24, 2001
HB 198 provides for a local veto over permits for landfills or resource recovery facilities. If the host municipality wants the facility but adjacent municipalities or municipalities along the haul route do not, the matter is decided by a referendum. The veto does not apply if DEP determines that there is public need for the facility. HB 198 also includes transportation provisions, including written authorization for transporters, fees, stickers, a bond posted by transporters, bond forfeiture for violations, and forfeiture of nonconforming trailers.
HB 269 - Representatives GEORGE, THOMAS, DeWEESE, RUFFING, GORDNER, CAPPABIANCA, McILHATTAN, YOUNGBLOOD, WOJNAROSKI, M. COHEN, FEESE, HERMAN, LAUGHLIN, SURRA, SANTONI, CAWLEY, FREEMAN, TRELLO, McNAUGHTON, STURLA, JOSEPHS, STEELMAN, CASORIO, ROONEY, WALKO, DERMODY, EACHUS, LEVDANSKY, CURRY, HORSEY, CALTAGIRONE, SHANER, DeLUCA, KAISER, COY, PETRARCA, BISHOP, C. WILLIAMS, WASHINGTON, HARHAI, BELARDI and YUDICHAK. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 29, 2001
HB 269 provides for a moratorium on new solid waste management permits and modifications that increase “daily volume” until implementing regulations are promulgated. For existing approved daily volumes, the Department will reduce permitted “daily volume” to meet the actual annual average volume over the last 12 months. The host municipality may deny a DEP permit or modification for a waste facility. DEP may overrule the municipality if it issues a certificate of “public need.” The public need language is confused, but it appears that if less than two years of capacity is available in the region, DEP will issue the certificate of need. A waste facility operator is rebutably presumed liable for any pollution of water supplies occurring within 2500 feet of a facility without proof of fault.
HB 424 - Representatives GRUCELA, YUDICHAK, COY, COLAFELLA, DeLUCA, EACHUS, FREEMAN, GEORGE, JOSEPHS, KAISER, LAUGHLIN, LEVDANSKY, McCALL, ROONEY, RUFFING, SHANER, SOLOBAY, STEELMAN, SURRA, THOMAS, WANSACZ, WASHINGTON, C. WILLIAMS and YOUNGBLOOD. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Feb. 5, 2001.
HB 424 modifies the Solid Waste Management Act. The bill would require each county to conduct a referendum within the host municipality and any affected municipality when a new landfill or expansion is proposed. The vote will occur during the next election cycle of the municipality. If the “majority of the municipalities” rejects the new landfill or expansion, DEP cannot issue the permit. Permit applications must provide information about truck equipment violations. Transporter vehicle violations are imputed to the facility operator. Permits expire at the end of the permit term, not to exceed ten years. I infer that the permit cannot be renewed. Bond amounts are adjusted to take into account compliance history and liability relating to waste transportation. This bill apparently is intended to end the disposal side of the waste industry in Pennsylvania.
HB 425 - Representatives GRUCELA, COY, SOLOBAY, YUDICHAK, COLAFELLA, DALLY, DeLUCA, FREEMAN, GEORGE, JOSEPHS, KAISER, LAUGHLIN, LEVDANSKY, McCALL, ROONEY, RUFFING, SHANER, STEELMAN, SURRA, THOMAS, WANSACZ, WASHINGTON, C. WILLIAMS, WOJNAROSKI and YOUNGBLOOD. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Feb. 5, 2001.
HB 425 modifies Act 101. A “community health risks study” is required for every new and existing waste facility. The study is to be prepared by the Department of Health and paid for by the applicant. The study will consider municipalities within one mile of the facility.
The bill includes the same ten-year permit term language as HB 424. Again, I infer that a permit cannot be renewed at the end of a permit term.
The current prohibition on issuing a permit for an operation within 300 yards of a school is expanded to prohibit operation within 300 yards of an occupied dwelling. HB 425 also provides expanded public hearings on nuisance and other local issues.
“Affected municipalities” within a mile of the facility on an approach route or otherwise adversely affected have the same rights as the county or host municipality to seek reservation of landfill capacity. HB 425 adds an “affected municipality” benefit fee of $.50 per ton in addition to the host municipality fee of $1.00 per ton. Note that there can be more than one “affected municipality.”
Provides a “three strikes and you’re out” penalty for the waste industry. If an operator is “found to have engaged” in significant violations on three occasions within a five year period, the operator is disqualified from obtaining a permit for a period of five years.
HB 1438 - Representatives S. H. SMITH, HERSHEY, SURRA, BARD, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, DALLY, FAIRCHILD, FRANKEL, GRUCELA, HENNESSEY, HERMAN, HESS, LAUGHLIN, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, STEELMAN, STEIL, E. Z. TAYLOR, TRELLO and YUDICHAK. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 25, 2001.
HB 1438 modifies the SWMA to create a statewide capacity cap. The bill is not clear on how the cap is calculated; nonetheless, the apparent intent is that DEP will neither accept nor issue permits if more than six years of capacity exists statewide based on 1997 (pre-Fresh Kills closure) figures. The bill does not specify how the cap limits would be allocated among operators. When DEP does issue permits, it will not issue permits allowing for more than eight years of statewide capacity to exist at any time. The purpose appears to be to halt the development of new landfills and restrict expansion of existing landfills to reduce importation of waste.
SB 113 - Senators BOSCOLA, COSTA, O'PAKE, MUSTO, STOUT, WAGNER, RHOADES, LOGAN and KASUNIC. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 29, 2001.
SB 113 revises Act 101 to require a “transportation fee” of $2.00 per ton of waste received by a waste disposal facility for all waste where the principal place of business of the transporter is more than 50 miles from the disposal facility. This is a transparent effort to discriminate against out of state waste. See the parallel HB 427.
SB 115 - Senators BOSCOLA, COSTA, O'PAKE, MUSTO, STOUT, RHOADES, LOGAN and KASUNIC. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 29, 2001.
SB 115 would amend the SWMA to provide for a local referendum on waste facilities. If the referendum results in a vote to exclude waste facilities, then DEP will issue no permits. The term of a landfill permit will be ten years, and apparently cannot be extended. Bond amounts will be recalculated based on compliance history, including compliance with transportation requirements. Vehicle violations by transporters are imputed to the facility operator. See the parallel HB 424.
III. Trash Hauling.
HB 153 - MARSICO, HESS, GEIST, CAPPABIANCA, BARD, DERMODY, FAIRCHILD, FORCIER, LAUGHLIN, LEH, MAHER, MARKOSEK, McGILL, MELIO, PETRARCA, PIPPY, SANTONI, SAYLOR, STAIRS, STETLER, WATSON, WASHINGTON and JAMES.
Referred to TRANSPORTATION, Jan. 29, 2001
Reported as committed, Jan. 30, 2001
First consideration, Jan. 30, 2001
Laid on the table, Jan. 30, 2001
Removed from table, Feb. 6, 2001
Second consideration, Feb. 6, 2001
Re-referred to APPROPRIATIONS, Feb. 6, 2001
Re-reported as committed, Feb. 12, 2001
Third consideration and final passage, Feb. 12, 2001(197-0)
In the Senate
Referred to TRANSPORTATION, Feb. 15, 2001
Reported as committed, March 20, 2001
First consideration, March 20, 2001
Re-referred to APPROPRIATIONS, March 26, 2001
Re-reported as committed, April 30, 2001
Second consideration, May 7, 2001
Amended on third consideration, May 21, 2001
Amended on third consideration, June 4, 2001
Third consideration and final passage, June 5, 2001 (46-3)
Vote on final passage reconsidered, June 5, 2001
Final passage, June 5, 2001 (44-5)
In the House
Referred to RULES, June 6, 2001
Reported as committed, June 11, 2001
House concurred in Senate amendments, June 11, 2001 (197-0)
Signed in House, June 12, 2001
HB 153 adopts motor vehicle out-of-service criteria by reference to determine when a driver or truck should be taken out of service for safety reasons. HB 153 also sets a minimum fine of $500.00 for driver hours-of-operation violations and creates an advisory board.
HB 216 - Representatives WALKO, DeWEESE, YOUNGBLOOD, THOMAS, READSHAW, BELARDI, RUBLEY, CORRIGAN, PETRONE, LAUGHLIN, SHANER, HERSHEY, COY, BISHOP, PISTELLA, SOLOBAY, KELLER, GEORGE, FRANKEL, CAWLEY, COLAFELLA, HASAY, WOJNAROSKI, GRUCELA, BELFANTI, CURRY, MANDERINO, COSTA, PETRARCA, CLARK, M. COHEN, LEVDANSKY, HESS, BEBKO-JONES, WANSACZ, EACHUS, SAINATO, STEELMAN, MICHLOVIC, DeLUCA and YUDICHAK.
Referred to JUDICIARY, Jan. 25, 2001
Reported as committed, Jan. 30, 2001
First consideration, Jan. 30, 2001
Laid on the table, Jan. 30, 2001
Removed from table, Jan. 31, 2001
Second consideration, Jan. 31, 2001
Re-referred to APPROPRIATIONS, Jan. 31, 2001
Re-reported as committed, Feb. 5, 2001
Third consideration and final passage, Feb. 6, 2001 (199-0)
In the Senate
Referred to JUDICIARY, Feb. 12, 2001
An owner or operator or their agent who knowingly allows a vehicle to dump trash on a road, railroad or water of the Commonwealth is guilty of the crime of scattering rubbish. If more than 25 pounds is dumped on the first offence, the vehicle may be considered contraband and forfeited to the state. There is no requirement that the vehicle must be owned by the dumper to be forfeited.
Appears intended to meet the situation of the truck driver who dumped part of his load to climb a hill on a back road. The bill is not limited to trash trucks and will also address dumping by pickup trucks and cars.
HB 606 - Representatives COY, WOJNAROSKI, CAPPABIANCA, YOUNGBLOOD, HERMAN, READSHAW, BELFANTI, CALTAGIRONE, M. COHEN, COLAFELLA, CORRIGAN, DeWEESE, EACHUS, FAIRCHILD, FEESE, GEORGE, GRUCELA, HERSHEY, HESS, HORSEY, HUTCHINSON, JAMES, PETRARCA, PRESTON, ROONEY, SATHER, SCHULER, SEMMEL, SOLOBAY, STEELMAN, SURRA, WALKO, WANSACZ, YUDICHAK, HARHAI and PICKETT.
Referred to AGRICULTURE AND RURAL AFFAIRS, Feb. 8, 2001 Reported as amended, March 19, 2001
First consideration, March 19, 2001
Laid on the table, March 19, 2001
Removed from table, May 21, 2001
Laid on the table, May 21, 2001
HB 606 amends 75 Pa.C.S. 3709(d)(1) and E (vehicles) to increase the fines from $300.00 to $900.00 for dumping trash in an easement purchased under the Agricultural Area Security Law (act of June 30, 1981, P.L.128, No.43). The fine for dumping in any Agricultural Security Area is increased from $300.00 to $600.00.
HB 1439 - Representatives S. H. SMITH, FEESE, SURRA, BASTIAN, BELARDI, CALTAGIRONE, CAPPELLI, CAWLEY, DALLY, BARD, FAIRCHILD, FRANKEL, GRUCELA, HENNESSEY, HERMAN, HERSHEY, HESS, LAUGHLIN, LEH, McILHATTAN, McNAUGHTON, PIPPY, PRESTON, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SHANER, B. SMITH, SOLOBAY, STEIL, E. Z. TAYLOR, THOMAS, TRELLO and YUDICHAK. Referred to TRANSPORTATION, April 25, 2001.
HB 1439 contains the transportation portions of negotiated SB814. HB 1439 and 1437 together are equivalent to either HB1436 or SB814.
SB 202 - Senator HOLL. Referred to TRANSPORTATION, Jan. 31, 2001.
SB 202 would amend the vehicle code to include explicit requirements concerning covering vehicle loads. The revised requirements would apply to all loads susceptible to scattering, including trash.
SB 236 - Senators MADIGAN, STOUT, WENGER, PUNT, ROBBINS, THOMPSON, TARTAGLIONE, M. WHITE, WOZNIAK, ARMSTRONG, CORMAN, KASUNIC and LEMMOND.
Referred to TRANSPORTATION, Jan. 23, 2001
Reported as committed, Jan. 24, 2001
First consideration, Jan. 24, 2001
Re-referred to APPROPRIATIONS, Jan. 29, 2001
Re-reported as amended, Feb. 5, 2001
Second consideration, Feb. 7, 2001
Amended on third consideration, Feb. 13, 2001
Third consideration and final passage, Feb. 13, 2001 (45-0) In the House
Referred to TRANSPORTATION, Feb. 14, 2001
Reported as amended, March 13, 2001
First consideration, March 13, 2001
Laid on the table, March 13, 2001
Removed from table, May 8, 2001
Laid on the table, May 8, 2001
Removed from table, May 22, 2001
Second consideration, May 22, 2001
Re-referred to APPROPRIATIONS, May 22, 2001
Re-reported as amended, June 11, 2001
SB 236 amends the Vehicle Code. Of interest, the fine for depositing waste in an agricultural security area is increased from $300.00 to $600.00. The fine for depositing waste in an agricultural security easement is increased from $300.00 to $900.00. This portion of the bill is similar to HB 606.
IV. Miscellaneous Waste Provisions
HR 174 - Representatives WANSACZ, ALLEN, BARD, BEBKO-JONES, BELARDI, BELFANTI, BLAUM, CALTAGIRONE, CAPPABIANCA, CAPPELLI, COLAFELLA, CORRIGAN, COSTA, CREIGHTON, DALEY, DALLY, FAIRCHILD, FRANKEL, FREEMAN, GEORGE, GORDNER, GRUCELA, HARHAI, HENNESSEY, HERMAN, JAMES, JOSEPHS, KAISER, KELLER, KIRKLAND, LAUGHLIN, LESCOVITZ, LEVDANSKY, LEWIS, MANDERINO, MANN, MARKOSEK, McCALL, McILHATTAN, MELIO, NICKOL, PETRARCA, READSHAW, RUBLEY, SANTONI, SATHER, SAYLOR, SCRIMENTI, SHANER, B. SMITH, SOLOBAY, STURLA, SURRA, TANGRETTI, THOMAS, TIGUE, WALKO, C. WILLIAMS, WOJNAROSKI, YEWCIC, YOUNGBLOOD, YUDICHAK and STEELMAN. Referred to INTERGOVERNMENTAL AFFAIRS, April 30, 2001.
States the goal of the General Assembly to limit imports of trash into Pennsylvania and petitions the U.S. Congress to enact legislation allowing such limits.
SB 82 - Senator HOLL.
Referred to JUDICIARY, Jan. 23, 2001
Reported as amended, April 24, 2001
First consideration, April 24, 2001
Second consideration, April 30, 2001
Third consideration and final passage, May 1, 2001 (49-0)
In the House
Referred to JUDICIARY, May 3, 2001
Applies to the criminal offence of scattering rubbish. In addition to other sanctions, a guilty person can be sentenced to community service or a combination of community service, fine and imprisonment.
SB 87 - Senator HOLL. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 29, 2001.
SB 87 creates a private right of action under the SWMA for a property owner on whose property trash has been dumped. The action is to prevent or abate a violation of the SWMA.
SB 116 - Senators BOSCOLA, COSTA, O'PAKE, MUSTO, STOUT, WAGNER, LOGAN and KASUNIC. Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 29, 2001.
SB 116 amends Act 101 to require community health risk studies prior to any permitting decisions. The studies are conducted by DEP and the local health department and paid for by the operator. The permit term is limited to 10 years. I infer that the permit cannot be renewed. New landfill permits cannot be issued for a landfill within 300 yards of an occupied dwelling. Enhanced public hearings on permit issuance required. Protection of capacity for disposal of local waste is expanded from the host municipality to “affected municipalities.” The Host Municipality Benefit Fees are expanded to include benefit fees for “affected municipalities” of $.50 per ton of waste received.
SB 116 includes a “three strikes and you’re out” provision for landfill operators. Three “significant violations” in a five-year period, and the operator can receive no permits for a five-year period. See parallel HB 425.