Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29C. HAZARDOUS SITES CLEANUP ACT
CHAPTER 3. POWERS AND DUTIES
Date:
08/31/2009
Document:
§ 6020.304. Host municipality incentives and guarantees
(a) INFORMATION REQUIRED.--
(1) The department shall provide all of the following information to
the governing body of host municipalities for a commercial hazardous
waste storage, treatment or disposal facility permitted by the
department under the Solid Waste Management Act, and located within
that municipality:
(i) Copies of each department inspection report for the facility
under the Solid Waste Management Act, the act of June 22, 1937 (P.L.
1987, No. 394), known as The Clean Streams Law, the act of January
8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control
Act, and the act of November 26, 1978 (P.L. 1375, No. 325), known as
the Dam Safety and Encroachments Act, within five working days after
the preparation of the reports.
(ii) Prompt notification of all department enforcement or emergency
actions for facilities, including, but not limited to, abatement
orders, cessation orders, proposed and final civil penalty
assessments and notices of violation.
(iii) Copies of all air and water quality monitoring data on samples
collected by the department at facilities, within five working days
after complete laboratory analysis of the data becomes available to
the department.
(2) An operator of a commercial hazardous waste storage, treatment or
disposal facility shall provide to the host municipality copies of all
air and water quality monitoring data for the facility conducted by or
on behalf of the operator under State or Federal statutes or
regulations, within five days after the data becomes available to the
operator.
(3) All information provided to the host municipality shall be made
available by the host municipality to the public for review upon
request.
(b) INSPECTION OF FACILITIES.--
(1) The department shall establish and conduct a training program to
certify host municipality inspectors for commercial hazardous waste
storage, treatment or disposal facilities. No more than two persons
from each host municipality shall be eligible for the program. Each
host municipality shall inform the department, in writing, of the
persons it has designated to participate in the training program. The
department shall hold training sessions at least twice a year. The
department shall certify host municipality inspectors upon completion
of the training program and satisfactory performance in an examination
administered by the department.
(2) Certified municipal inspectors shall be authorized to enter
property, inspect records, take samples and conduct inspections.
Certified municipal inspectors may not issue orders. Upon the
completion of an inspection, certified municipal inspectors shall
transmit all findings from the inspection to the department. The
department shall notify certified municipal inspectors of regular
inspections of permitted facilities within their jurisdiction and shall
provide opportunity for the inspectors to accompany department
inspectors on inspections.
(3) Repealed. 1996, July 11, P.L. 619, No. 105, § 7(a), imd. effective.
(4) The department shall promptly inspect a facility when a host
municipality presents information to the department which gives the
department reason to believe that a commercial hazardous waste storage,
treatment or disposal facility is in violation of any requirement of
The Clean Streams Law, the Air Pollution Control Act, the Dam Safety
and Encroachments Act, the Solid Waste Management Act or this act; a
regulation promulgated under these statutes; or the condition of a
permit issued under these statutes.
(i) The department shall notify the host municipality of this
inspection and shall permit a certified municipal inspector from the
host municipality to accompany the department inspector during the
inspection.
(ii) When the department determines that there is not sufficient
information to give the department reason to believe that a violation
is occurring or has occurred, the department shall provide a written
explanation to the host municipality of its decision not to conduct
an inspection within 30 days of the request for inspection.
(iii) Host municipalities may appeal the department's decision not to
conduct a requested inspection to the Environmental Hearing Board.
When the Environmental Hearing Board determines that failure to
perform a requested inspection may be detrimental to public health
and safety, it shall order the department to perform the requested
inspection.
(c) WATER SAMPLING AND ANALYSIS.--
(1) Upon written request from persons owning property within 2,500 feet
of a commercial hazardous waste storage, treatment or disposal
facility, the operator of the facility shall have quarterly sampling
and analysis conducted of private water supplies used by those persons
for drinking water. Sampling and analysis shall be conducted by a
laboratory certified pursuant to the act of May 1, 1984 (P.L. 206, No.
43), known as the Pennsylvania Safe Drinking Water Act. The laboratory
shall be chosen by the landowners from a list of regional laboratories
supplied by the department. Sampling and analysis shall be at the
expense of the facility operator.
(2) The laboratory performing sampling and analysis shall provide
written copies of sample results to the landowner, the operator and the
department.
(3) When the analysis indicates possible contamination from a facility,
the department shall either conduct, or require the operator to have
the laboratory conduct, additional sampling and analysis to determine
more precisely the nature, extent and source of contamination.
(4) Within 60 days from the effective date of this section, the
operator of a commercial hazardous waste storage, treatment or disposal
facility shall provide written notice to landowners within 2,500 feet
of the facility of their rights under this section on a form prepared
by the department. Landowners who rent or lease property within 2,500
feet of the facility shall provide written notice to tenants of the
availability of this water testing program. Upon the request of a
tenant to a landowner, the landowner shall be required to request
quarterly water sampling and analysis under paragraph (1).
(d) FINANCIAL ASSISTANCE.--
(1) The department shall reimburse host municipalities for costs
incurred by host municipalities for professional technical review of a
permit application under the Solid Waste Management Act for a
commercial hazardous waste disposal facility or for a permit
modification that would result in additional capacity for the facility.
The reimbursement shall not exceed $ 50,000 per complete application.
(2) The department may reimburse a county for costs incurred by a
county's planning board or commission for professional technical
planning and review for the potential siting of new commercial
hazardous waste disposal facilities in the county. The reimbursement
shall not exceed $ 50,000 per county.
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