Section 4000.1112 - Waste volumes(a)General rule.--No person or municipality operating a municipal waste landfill may receive solid waste at the landfill in excess of the maximum or average daily volume approved in the permit by the department under the Solid Waste Management Act, or authorized by any regulation promulgated pursuant to the Solid Waste Management Act.(b)New permits.--(1) A permit issued by the department under the Solid Waste Management Act for a new municipal waste landfill, or that results in additional capacity for a municipal waste landfill, shall include a permit condition setting forth the maximum and average volumes of solid waste that may be received on a daily basis.(2) The department may not approve any permit application for a new municipal waste landfill, or that would result in additional capacity for a municipal waste landfill, unless the applicant demonstrates all of the following to the department's satisfaction: (i) That the proposed maximum and average daily waste volumes will not cause or contribute to any violations of this act; the Solid Waste Management Act; any other statute administered by the department; or any regulation promulgated pursuant to this act, the Solid Waste Management Act or any other statute administered by the department.(ii) That the proposed maximum and average daily waste volumes will not cause or contribute to any public nuisance from odors, noises, dust, truck traffic or other causes.(iii) That the proposed maximum and average daily waste volumes will not interfere with, or contradict any provision contained in, any applicable county solid waste management plan that has been approved by the department.(c)Existing permits.--Within six months after the effective date of this act, the department shall review the maximum and average daily volume limits in each municipal waste landfill permit issued under the Solid Waste Management Act before the effective date of this act. In reviewing any existing municipal waste landfill permit, the department shall consider:(1) That the proposed maximum and average daily waste volumes will not cause or contribute to any violations of this act; the Solid Waste Management Act; any other statute administered by the department; or any regulation promulgated pursuant to this act, the Solid Waste Management Act or any other statute administered by the department.(2) That the proposed maximum and average daily waste volumes will not cause or contribute to any public nuisance from odors, noises, dust, truck traffic or other causes.(3) That the proposed maximum and average daily waste volumes will not interfere with, or contradict any provision contained in, any applicable county solid waste management plan that has been approved by the department. This subsection does not require a second review for facilities where the department reviewed daily waste volumes 12 months before the enactment date of this act.
(d)Permit modification.--The department may not approve any permit modification request under the Solid Waste Management Act to increase the maximum or average daily volumes of solid waste received at a municipal waste landfill unless the applicant demonstrates all of the following to the department's satisfaction: (1) Increased daily volumes will not cause or contribute to any violations of this act, the Solid Waste Management Act, any other statute administered by the department, or any regulations promulgated pursuant to this act, the Solid Waste Management Act or any other statute administered by the department.(2) Increased daily volumes will not cause or contribute to any public nuisance from odors, noise, dust, truck traffic or other causes.(3) Increased daily volumes will not reduce the remaining lifetime of a landfill, based on its remaining permitted capacity, to less than three years from the date of issuance of the permit modification.(4) Increased daily volumes will not interfere with or contradict any provision contained in an applicable county municipal management plan that has been approved by the department.(e)Emergencies.--(1) Notwithstanding any provision of law to the contrary, the department shall immediately modify a municipal waste landfill permit to allow increased maximum or average daily waste volumes when the department finds, in writing, that this action is necessary to prevent a public health or environmental emergency and publishes public notice of the finding. Action under this paragraph shall be taken pursuant to section 503(e) of the Solid Waste Management Act.(2) When the department determines that the remaining lifetime of any municipal waste landfill, based on its remaining permitted capacity, is three years or less, the landfill operator shall give written notice of the finding to all municipalities that generate municipal waste received at the landfill. Notice shall be given annually thereafter until closure of the landfill or until the department has issued a permit under the Solid Waste Management Act expanding the capacity of the landfill to more than three years. This act shall not be understood or construed to impose any obligation on the department to find alternative processing or disposal capacity.(f)Enforcement.--In addition to any other remedies provided at law or in equity, the department shall assess a civil penalty of at least $100 per ton for each ton of waste received at any municipal waste landfill in excess of the maximum or average daily volume limitations set forth in its permit. Except for the minimum amount, the penalty shall be assessed and collected in the manner set forth in section 1704. Each ton of waste in excess of the permit shall be considered a separate violation of this act.(g)Preference to host county waste.--Pursuant to section 1111(a), a facility will give a preference to waste generated within the host county when the facility receives an increase in its average daily volume. 1988, July 28, P.L. 556, No. 101, § 1112, effective in 60 days.