53 Pa. Stat. § 4000.1102

Current through P.A. Acts 2023-32
Section 4000.1102 - Joint inspections with host municipalities
(a)Training of inspectors.--
(1) The department shall establish and conduct a training program to certify host municipality inspectors for municipal waste landfills and resource recovery facilities. This program will be available to no more than two persons who have been designated in writing by the host municipality. The department shall hold training programs 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 are authorized to enter property, inspect only those records required by the department, take samples and conduct inspections in accordance with department regulations as applicable to department inspectors. However, certified municipal inspectors may not issue orders except as provided in this subsection. A certified municipal inspector may order the operator of a facility to cease any operation or activity at the facility which constitutes an immediate threat to public health and safety and which represents a violation of the Solid Waste Management Act, the regulations promulgated under that act, any order issued under that act or the terms or conditions of a permit issued under that act. The order shall expire within two hours unless the inspector notifies the department and the governing body of the host municipality. The department may, after conducting an inspection, supersede the inspector's order by issuing an order of its own which vacates or modifies the terms of the inspector's order. If the department does not supersede the order, the order shall expire after 24 hours unless otherwise extended, continued or modified by a court pursuant to section 1703(b).
(3) Repealed by 1996, July 11, P.L. 619, No. 105, § 7(a), imd. effective.
(4) The department may decertify host municipality inspectors pursuant to regulations promulgated by the Environmental Quality Board.
(b)Departmental information.--
(1) Whenever any host municipality presents information to the department which gives the department reason to believe that any municipal waste landfill or resource recovery facility is in violation of any requirement of 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, the act of November 26, 1978 (P.L. 1375, No. 325), known as the Dam Safety and Encroachments Act, the Solid Waste Management Act, any regulation promulgated pursuant thereto, any order issued pursuant thereto or the condition of any permit issued pursuant thereto, the department will promptly conduct an inspection of such facility.
(2) The department will notify the host municipality of this inspection and will allow a certified municipal inspector from the host municipality to accompany the inspector during the inspection.
(3) If there is not sufficient information to give the department reasons to believe that there is a violation, the department will provide a written explanation to the host municipality of its decision not to conduct an inspection within 30 days of the request for inspection.
(4) Upon written request of a host municipality to the department, the department will allow a certified inspector of such municipality to accompany department inspectors on routine inspections of municipal waste landfills and resource recovery facilities.
(c)County involvement.--If the host municipality owns or operates the municipal waste landfill or resource recovery facility, the training and inspection requirements of this section shall be available to the county within which the landfill or facility is located instead of the host municipality.

53 P.S. § 4000.1102

1988, July 28, P.L. 556, No. 101, § 1102, effective in 60 days. Affected 1996, July 11, P.L. 619, No. 105, § 7(a), imd. effective.