MUNICIPAL_WASTE_PLANNING,_RECYCLING_AND_WASTE_REDUCTION_ACT.pdf

PDF 813 KB Posted Dec 2, 2025

Attached to: Zero Waste Muni Plan with Composting Expansion Pilot
Solicitation number: 2024-RFP-308
Issued by: Allegheny County, Pennsylvania

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Written by GovTribe AI · Jan 22, 2026

This document is Pennsylvania's Municipal Waste Planning, Recycling and Waste Reduction Act (Act of July 28, 1988, P.L. 556, No. 101), comprehensive state legislation governing solid waste management, recycling, and waste reduction across Pennsylvania municipalities and counties. The act establishes a cooperative state and local program requiring counties to develop municipal waste management plans addressing the processing, disposal, and recycling of municipal waste generated within their boundaries over a ten-year planning period. Counties must submit officially adopted plans to the Department of Environmental Resources (now Department of Environmental Protection) within two and one-half years of the act's effective date, with plans subject to departmental approval, conditional approval, or disapproval. The legislation mandates that municipalities with populations of 10,000 or more, and certain smaller municipalities with higher population densities, implement source-separation and collection recycling programs that must include at least three recyclable materials (such as glass, aluminum, steel, paper, and plastics) and leaf waste collection. Municipal waste landfills and resource recovery facilities must establish drop-off centers for recyclable materials and implement programs to remove recyclables and hazardous materials from waste streams. The act establishes multiple fee structures including a $2 per ton recycling fee for facilities, a $1 per ton host municipality benefit fee, and site-specific postclosure funds for landfill remediation, with quarterly payment schedules required from facility operators.

Funding for recycling and planning initiatives derives from the Recycling Fund, created from collected recycling fees, with at least 70 percent allocated to municipal recycling program grants, recycling coordinator grants, and market development studies. The Department of Environmental Resources may award planning grants covering 80 percent of approved costs for county plan development and feasibility studies, as well as grants for municipal recycling program development and implementation. Commonwealth and local public agencies are required to establish recycling and waste reduction programs and preferentially procure products with recycled content, with the Department of General Services establishing minimum recycled content percentages for state purchases. The act imposes both civil penalties up to $10,000 per violation and criminal penalties ranging from summary offenses ($100-$1,000 fines) to misdemeanor charges ($1,000-$25,000 fines or imprisonment) for violations of planning requirements, fee payments, and recycling program implementation. The legislation also establishes host municipality rights including capacity reservation at new or expanded facilities through negotiation or binding arbitration, independent permit application reviews (reimbursed up to $10,000), and receipt of quarterly inspection reports and monitoring data from facility operators.

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MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT

Act of Jul. 28, 1988, P.L. 556, No. 101 Cl. 27

AN ACT

Providing for planning for the processing and disposal of municipal waste; requiring counties to submit plans for municipal waste management systems within their boundaries;

authorizing grants to counties and municipalities for planning, resource recovery and recycling; imposing and collecting fees;

establishing certain rights for host municipalities; requiring municipalities to implement recycling programs; requiring Commonwealth agencies to procure recycled materials; imposing duties; granting powers to counties and municipalities;

authorizing the Environmental Quality Board to adopt regulations; authorizing the Department of Environmental Resources to implement this act; providing remedies;

prescribing penalties; establishing a fund; and making repeals.

TABLE OF CONTENTS

Chapter 1. General Provisions

Section 101. Short title.

Section 102. Legislative findings; declaration of policy and goals.

Section 103. Definitions.

Section 104. Construction of act.

Chapter 3. Powers and Duties

Section 301. Powers and duties of department.

Section 302. Powers and duties of Environmental Quality Board.

Section 303. Powers and duties of counties.

Section 304. Powers and duties of municipalities other than counties.

Chapter 5. Municipal Waste Planning

Section 501. Schedule for submission of municipal waste management plans.

Section 502. Content of municipal waste management plans.

Section 503. Development of municipal waste management plans.

Section 504. Failure to ratify plan.

Section 505. Review of municipal waste management plans.

Section 506. Contracts.

Section 507. Relationship between plans and permits.

Section 508. Studies.

Section 509. Best available technology.

Section 510. Permit requirements.

Section 511. Site limitation.

Section 512. Completeness review.

Section 513. Future availability.

Chapter 7. Recycling Fee

Section 701. Recycling fee for municipal waste landfills and resource recovery facilities.

Section 702. Form and timing of recycling fee payment.

Section 703. Collection and enforcement of fee.

Section 704. Records.

Section 705. Surcharge.

Section 706. Recycling Fund.

Section 707. Used tire pile remediation.

Chapter 9. Grants

Section 901. Planning grants.

Section 902. Grants for development and implementation of municipal recycling programs.

Section 903. Grants for recycling coordinators.

Section 904. Performance grants for municipal recycling programs.

Section 905. General limitations.

Chapter 11. Assistance to Municipalities

Section 1101. Information provided to host municipalities.

Section 1102. Joint inspections with host municipalities.

Section 1103. Water supply testing for contiguous landowners.

Section 1104. Water supply protection.

Section 1105. Purchase of cogenerated electricity.

Section 1106. Pennsylvania Public Utility Commission.

Section 1107. Claims resulting from pollution occurrences.

Section 1108. Site-specific postclosure fund.

Section 1109. Trust fund for municipally operated landfills.

Section 1110. Independent evaluation of permit applications.

Section 1111. Protection of capacity.

Section 1112. Waste volumes.

Chapter 13. Host Municipality Benefit Fee

Section 1301. Host municipality benefit fee.

Section 1302. Form and timing of host municipality benefit fee payment.

Section 1303. Collection and enforcement of fee.

Section 1304. Records.

Section 1305. Surcharge.

Chapter 15. Recycling and Waste Reduction

Section 1501. Municipal implementation of recycling programs.

Section 1502. Facilities operation and recycling.

Section 1503. Commonwealth recycling and waste reduction.

Section 1504. Procurement by Commonwealth agencies.

Section 1505. Procurement by Department of General Services.

Section 1506. Testing by Department of Transportation.

Section 1507. Procurement procedures for local public agencies.

Section 1508. Procurement options for local public agencies and certain Commonwealth agencies.

Section 1509. Recycling at educational institutions.

Section 1510. Lead acid batteries.

Section 1511. Recycled paper products.

Section 1512. Household Hazardous Waste Collection and Disposal

Grant Program.

Section 1513. Development of recycling program plan.

Chapter 17. Enforcement and Remedies

Section 1701. Unlawful conduct.

Section 1702. Enforcement orders.

Section 1703. Restraining violations.

Section 1704. Civil penalties.

9/21/24, 10:12 AM Act of Jul. 28, 1988,P.L. 556, No. 101 Cl. 27 - MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1988/0/0101..HTM 2/65 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=7&sctn=5&subsctn=0 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=7&sctn=6&subsctn=0 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=7&sctn=7&subsctn=0 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=9 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=9&sctn=1&subsctn=0 https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1988&sessInd=0&smthLwInd=0&act=101&chpt=9&sctn=2&subsctn=0 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Section 1705. Criminal penalties.

Section 1706. Existing rights and remedies preserved; cumulative remedies authorized.

Section 1707. Production of materials; recordkeeping requirements.

Section 1708. Withholding of State funds.

Section 1709. Collection of fines, fees, etc.

Section 1710. Right of citizen to intervene in proceedings.

Section 1711. Remedies of citizens.

Section 1712. Affirmative defense.

Section 1713. Public information.

Section 1714. Whistleblower provisions.

Section 1715. Additional penalties.

Chapter 19. Miscellaneous Provisions

Section 1901. Report to General Assembly.

Section 1902. Severability.

Section 1903. Repeals.

Section 1904. Effective date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

CHAPTER 1

GENERAL PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Municipal Waste Planning, Recycling and Waste Reduction Act.

Section 102. Legislative findings; declaration of policy and goals.

(a) Legislative findings.--The Legislature hereby determines, declares and finds that:

(1) Improper municipal waste practices create public health hazards, environmental pollution and economic loss, and cause irreparable harm to the public health, safety and welfare.

(2) Parts of this Commonwealth have inadequate and rapidly diminishing processing and disposal capacity for municipal waste.

(3) Virtually every county in this Commonwealth will have to replace existing municipal waste processing and disposal facilities over the next decade.

(4) Needed additional municipal waste processing and disposal facilities have not been developed in a timely manner because of diffused responsibility for municipal waste planning, processing and disposal among numerous and overlapping units of local government.

(5) It is necessary to give counties the primary responsibility to plan for the processing and disposal of municipal waste generated within their boundaries to insure the timely development of needed processing and disposal facilities.

(6) Proper and adequate processing and disposal of municipal waste generated within a county requires the generating county to give first choice to new processing and disposal sites located within that county.

(7) It is appropriate to provide those living near municipal waste processing and disposal facilities with additional guarantees of the proper operation of such

(8) Waste reduction and recycling are preferable to the processing or disposal of municipal waste.

(9) Prompt payment and efficient collection of the recycling fee created by this act are essential to the administration of the recycling grants provided by this act.

(10) Authorizing counties to control the flow of municipal waste is necessary, among other reasons, to guarantee the long-term economic viability of resource recovery facilities and municipal waste landfills, to ensure that such facilities and landfills can be financed, to moderate the cost of such facilities and landfills over the long term, to protect existing capacity, and to assist in the development of markets for recyclable materials by guaranteeing a steady flow of such materials.

(11) Public agencies in the Commonwealth purchase significant quantities of products or materials annually.

(12) By purchasing products or materials made from recycled materials, public agencies in the Commonwealth can help stimulate the market for such materials and thereby foster recycling, and can also educate the public concerning the utility and availability of such materials.

(13) Removing certain materials from the municipal waste-stream will decrease the flow of solid waste to municipal waste landfills, aid in the conservation and recovery of valuable resources, conserve energy in the manufacturing process, increase the supply of reusable materials for the Commonwealth's industries, and will also reduce substantially the required capacity of proposed resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction and operation of these facilities.

(14) It is in the public interest to promote the source separation of marketable materials on a Statewide basis so that reusable materials may be returned to the economic mainstream in the form of raw materials or products rather than be disposed of or processed at the Commonwealth's overburdened municipal waste processing or disposal facilities.

(15) The recycling of marketable materials by municipalities in the Commonwealth and Commonwealth agencies, and the development of public and private sector recycling activities on an orderly and incremental basis, will further demonstrate the Commonwealth's long-term commitment to an effective and coherent solid waste management strategy.

(16) Operators of municipal waste landfills and resource recovery facilities should give first priority to the disposal or processing of municipal waste generated within the host county because, among other reasons, the host county is most directly affected by operations at the facility and local processing or disposal of municipal waste saves energy and transportation costs.

(17) The Commonwealth recognizes that both municipal waste landfills and resource recovery facilities will be needed as part of an integrated strategy to provide for the processing and disposal of the Commonwealth's municipal waste.

(18) This act is enacted under the authority of Amendment X of the Constitution of the United States of America, under which the police power to protect the health, safety and welfare of the citizens is reserved to the states.

(19) The Commonwealth is responsible for the protection of the health, safety and welfare of its citizens concerning solid waste management.

9/21/24, 10:12 AM Act of Jul. 28, 1988,P.L. 556, No. 101 Cl. 27 - MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1988/0/0101..HTM 4/65

(20) All aspects of solid waste management, particularly the disposition of solid waste, pose a critical threat to the health, safety and welfare of the citizens of this Commonwealth.

(21) Uncontrolled increases in the daily volumes of solid waste received at municipal waste landfills have significantly decreased their remaining lifetimes, disrupting the municipal waste planning process and the ability of municipalities relying on the landfills to continue using them. These increases have threatened to significantly and adversely affect public health and safety when municipalities find they can no longer use the facilities. Uncontrolled increases in daily waste volumes can also cause increased noise, odors, truck traffic and other significant adverse effects on the environment as well as on public health and safety.

(22) By purchasing, processing and marketing obsolete and other materials which would otherwise have been managed as municipal or residual waste, the Commonwealth's existing for-profit scrap processing and recycling industry has been and remains essential to the efficient and effective management of solid waste.

(23) In carrying out their powers and duties under this act, counties and other municipalities should:

(i) Ensure that the ability of the scrap processing and recycling industry to continue purchasing, processing and marketing recoverable materials is not thereby impaired.

(ii) Utilize to the fullest extent practicable all available facilities and expertise within the scrap processing and recycling industry for processing and marketing recyclable materials from municipal waste.

(24) Vehicle batteries are particularly difficult to dispose of and potentially harmful if improperly disposed of, and it is necessary to control disposal and promote recycling of such batteries.

(b) Purpose.--It is the purpose of this act to:

(1) Establish and maintain a cooperative State and local program of planning and technical and financial assistance for comprehensive municipal waste management.

(2) Encourage the development of waste reduction and recycling as a means of managing municipal waste, conserving resources and supplying energy through planning, grants and other incentives.

(3) Protect the public health, safety and welfare from the short- and long-term dangers of transportation, processing, treatment, storage and disposal of municipal waste.

(4) Provide a flexible and effective means to implement and enforce the provisions of this act.

(5) Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management plan.

(6) Establish a recycling fee for municipal waste landfills and resource recovery facilities to provide grants for recycling, planning and related purposes.

(7) Establish a host municipality benefit fee for municipal waste landfills and resource recovery facilities that are permitted on or after the effective date of this act and to provide benefits to host municipalities for the presence of such facilities.

(8) Establish a site-specific postclosure fee for currently operating and future permitted municipal waste landfills for remedial measures and emergency actions that are

(9) Establish trust funds for municipally operated landfills to ensure that there are sufficient funds available for completing the final closure of such landfills under the Solid Waste Management Act.

(10) Shift the primary responsibility for developing and implementing municipal waste management plans from municipalities to counties.

(11) Require all public agencies of the Commonwealth to aid and promote the development of recycling through their procurement policies for the general welfare and economy of the Commonwealth.

(12) Require certain municipalities to implement recycling programs to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.

(13) Implement Article 1, section 27 of the Constitution of Pennsylvania.

(14) Strengthen the department's existing authority to regulate daily waste volumes that may be received at a municipal waste landfill to protect against the unexpected or unplanned loss of facilities and to ensure that the facilities operate in a manner that protects the environment as well as public health and safety.

(1) At least 25% of all municipal waste and source-separated recyclable materials generated in this Commonwealth on and after January 1, 1997, should be recycled.

(2) The weight or volume of municipal waste generated per capita in this Commonwealth on January 1, 1997, should, to the greatest extent practicable, be less than the weight or volume of municipal waste generated per capita on the effective date of this act.

(3) Each person living or working in this Commonwealth shall be taught the economic, environmental and energy value of recycling and waste reduction and shall be encouraged through a variety of means to participate in such activities.

(4) The Commonwealth should, to the greatest extent practicable, procure and use products and materials with recycled content and procure and use materials that are recyclable.

Section 103. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abatement." The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person.

"Average daily volume." The mean daily volume received at a facility taking into account weather, seasonal variations, scheduled community cleanup days and other factors.

"Commission." The Pennsylvania Public Utility Commission and its authorized representatives.

"Commonwealth agency." The Commonwealth and its departments, boards, commissions and agencies, Commonwealth-owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority, and any other authority now in existence or hereafter created or organized by the Commonwealth.

"Degradable plastic beverage carrier." Plastic beverage carriers that degrade by biological processes, photodegradation, chemodegradation or degradation by other natural processes. The

"Department." The Department of Environmental Resources of the Commonwealth and its authorized representatives.

"Disposal." The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth.

"Feasibility study." A study which analyzes a specific municipal waste processing or disposal system to assess the likelihood that the system can be successfully implemented, including, but not limited to, an analysis of the prospective market, the projected costs and revenues of the system, the municipal waste-stream that the system will rely upon and various options available to implement the system.

"Host municipality." The municipality other than the county within which a municipal waste landfill or resource recovery facility is located or is proposed to be located.

"Leaf waste." Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.

"Local public agency."

(1) Counties, cities, boroughs, towns, townships, school districts and any other authority now in existence or hereafter created or organized by the Commonwealth.

(2) All municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, township or school district or any combination thereof.

(3) Any and all other public bodies, authorities, councils of government, officers, agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.

"Management." The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.

"Municipal recycling program." A source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

"Municipal waste." Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

"Municipal waste landfill." Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the department under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of

"Municipality." A county, city, borough, incorporated town, township or home rule municipality. For the purposes of sections 902 and 904 only, the term shall include a council of governments, consortium or other similar entities established by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). (Def. amended Dec. 9, 2002, P.L.1404, No.175)

"Operator." A person engaged in solid waste processing or disposal. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this act.

"Person." Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, Federal Government or agency, State institution or agency (including, but not limited to, the Department of General Services and the State Public School Building Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this act prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

"Plastic beverage carrier." Plastic rings or similar plastic connectors used as holding devices in the packaging of beverages, including, but not limited to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.

"Pollution." Contamination of any air, water, land or other natural resources of this Commonwealth that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

"Postconsumer material." Any product generated by a business or consumer which has served its intended end use and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.

"Processing." Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert part or all of such waste materials for offsite reuse.

Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

"Project development." Those activities required to be conducted prior to constructing a processing or disposal facility that has been shown to be feasible, including, but not limited to, public input and participation, siting, procurement and vendor contract negotiations, and market and municipal waste supply assurance negotiations.

"Public agency." Any Commonwealth agency or local public agency.

"Reasonable expansion." The growth of an existing permitted municipal waste landfill to land which is contiguous to the existing municipal waste landfill, which contiguous land is owned in fee by the owner of the municipal waste landfill or which land is subject to an irrevocable option exercisable within one year in

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"Recycled content." Goods, supplies, equipment, materials and printing containing postconsumer materials.

"Recycling." The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reuseable materials other than a fuel for the operation of energy.

"Recycling facility." A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reuseable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.

"Remaining available permitted capacity." The remaining permitted capacity that is actually available for processing or disposal to the county or other municipality that generated the waste.

"Remaining permitted capacity." The weight or volume of municipal waste that can be processed or disposed of at an existing municipal waste processing or disposal facility. The term shall include only weight or volume capacity for which the department has issued a permit under the Solid Waste Management Act. The term shall not include any facility that the department determines, or has determined, has failed and continues to fail to comply with the provisions of the Solid Waste Management Act, the regulations promulgated pursuant thereto, any order issued pursuant thereto or any permit conditions.

"Residual waste." Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act. The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

"Resource recovery facility." A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated offsite, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated offsite, whether or not the facility is operated to recover energy. The term does not include:

(1) Any composting facility.

(2) Methane gas extraction from a municipal waste landfill.

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(3) Any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste.

(4) Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.

"Secretary." The Secretary of Environmental Resources of the

Commonwealth.

"Solid waste." Solid waste, as defined in the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

"Solid Waste Abatement Fund." The fund created pursuant to section 701 of the Solid Waste Management Act.

"Solid Waste Management Act." The act of July 7, 1980

(P.L.380, No.97).

"Source-separated recyclable materials." Materials that are separated from municipal waste at the point of origin for the purpose of recycling.

"Storage." The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

"Transportation." The offsite removal of any municipal waste at any time after generation.

"Treatment." Any method, technique or process, including, but not limited to, neutralization, designed to change the physical, chemical or biological character or composition of any municipal waste so as to neutralize such waste or so as to render such waste safer for transport, suitable for recovery, suitable for storage or reduced in volume.

"Waste reduction." Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including, but not limited to:

(1) design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability; and

(2) use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.

Compiler's Note: The Department of Environmental Resources, referred to in the def. of "department," was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.

Compiler's Note: The Secretary of Environmental Resources, referred to in the def. of "secretary," was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.

Section 104. Construction of act.

(a) Liberal construction.--The terms and provisions of this act are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof.

(b) Pari materia.--This act shall be construed in pari materia with the Solid Waste Management Act.

CHAPTER 3

POWERS AND DUTIES

Section 301. Powers and duties of department.

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The department, in consultation with the Department of Health regarding matters of public health significance, shall have the power and its duty shall be to:

(1) Administer the municipal waste planning, recycling and waste reduction program pursuant to the provisions of this act and the regulations promulgated pursuant thereto.

(2) Cooperate with appropriate Federal, State, interstate and local units of government and with appropriate private organizations in carrying out its duties under this act.

(3) Provide technical assistance to municipalities and Commonwealth agencies, including, but not limited to, the training of personnel.

(4) Initiate, conduct and support research, demonstration projects and investigations, and coordinate all State agency research programs pertaining to municipal waste management systems.

(5) Regulate municipal waste planning, including, but not limited to, the development and implementation of county municipal waste management plans.

(6) Approve, conditionally approve or disapprove municipal waste management plans, issue orders, conduct inspections and abate public nuisances to implement the provisions and purposes of this act and the regulations promulgated pursuant to this act.

(7) Serve as the agency of the Commonwealth for the receipt of moneys from the Federal Government or other public agencies or private agencies and expend such moneys for studies and research with respect to, and for the enforcement and administration of, the provisions and purposes of this act and the regulations promulgated pursuant thereto.

(8) Institute, in a court of competent jurisdiction, proceedings against any person to compel compliance with the provisions of this act, any regulation promulgated pursuant thereto, any order of the department, or the terms and conditions of any approved municipal waste management plan.

(9) Institute prosecutions against any person under this act.

(10) Appoint such advisory committees as the secretary deems necessary and proper to assist the department in carrying out the provisions of this act. The secretary is authorized to pay reasonable and necessary expenses incurred by the members of such advisory committees in carrying out their functions.

(11) Encourage and, where the department determines it is appropriate, require counties and other municipalities to carry out their duties under this act, using the full range of incentives and enforcement authority provided in this act.

(12) Take any action not inconsistent with this act that the department may deem necessary or proper to collect the recycling fee provided by this act, to ensure the payment of the host municipality benefit fee and to ensure the payment of the site-specific postclosure fee and moneys for the trust fund for municipally operated landfills provided by this act.

(13) Administer and distribute moneys in the Recycling Fund for any public educational programs on recycling and waste reduction that the department believes to be appropriate, for technical assistance to counties in the preparation of municipal waste management plans, for technical assistance to municipalities concerning recycling and waste reduction, to conduct research, and for other purposes consistent with this act.

(14) To promote and emphasize recycling and waste reduction in the Commonwealth by, among other things:

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(i) Conducting a comprehensive, innovative and effective public education program concerning the value of recycling and waste reduction, and of public opportunities to participate in such activities, in cooperation with the Department of Education.

(ii) Developing and maintaining a data base on recycling and waste reduction in the Commonwealth, and making the information in that data base available to the public.

(iii) Coordinating recycling and waste reduction efforts among Commonwealth agencies.

(iv) Providing financial and other assistance to municipalities that are required by section 1501 to implement recycling programs.

(v) Providing information about potential recycling markets to municipalities and other interested persons.

(15) Do any and all other acts and things, not inconsistent with any provision of this act, which it may deem necessary or proper for the effective enforcement of this act and the regulations promulgated pursuant thereto after consulting with the Department of Health regarding matters of public health significance.

Section 302. Powers and duties of Environmental Quality Board.

The Environmental Quality Board shall have the power and its duty shall be to adopt the regulations of the department to accomplish the purposes and to carry out the provisions of this act.

Compiler's Note: Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except…

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