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Senate Passes Rafferty Bill to Toughen Landfill Operator
Standards
HARRISBURG -- Senator
John Rafferty’s (R-44) legislation to provide more oversight of landfill
operators has been approved in the Pennsylvania Senate and now goes to the House
of Representatives for consideration.
Rafferty said that while
landfills are currently regulated by the State Department of Environmental
Protection (DEP), stronger guidelines are needed to protect the environment and
quality of life in surrounding communities. This bill would set higher
standards for landfill operators to meet before they could receive a permit to
expand, make it easier to suspend permits if violations occur, and crack down on
those operators who break the law.
Rafferty said his legislation
would amend current law to tighten standards and impose new penalties on
landfill operators who fail to meet them. These include:
Doubling penalties for multiple
violations. DEP could double the maximum penalty (up to $50,000) for landfill
operators who show a pattern of multiple violations, including odor. In
addition, DEP would be prohibited from waiving fines if the problem is fixed.
Rafferty said this would prevent landfill operators from making short-term
corrections to problems and then allowing violations to occur again.
Prohibiting landfill operators
from applying for permits to operate new landfills or expand existing landfills
if they have outstanding violations, including odor.
If DEP finds that the storage,
collection, transportation, processing, treatment, beneficial use or disposal of
solid waste is causing pollution of the air, water, land or other natural
resources of the Commonwealth or is creating a public nuisance, the DEP shall
order the operator or municipality to alter its activities in a manner that will
prevent pollution and public nuisances. (currently DEP has authority but is not
required to do so)
Ensures DEP may still permit
violator to engage in a local community environmental project in lieu of paying
fine directly to DEP. However the full fine must still be paid.
“Our goal is to ensure that
landfill operators do not violate state standards and that those living near
them do not have to deal repeatedly with problems like odor, noise and litter
that can really affect their quality of life,” Rafferty said. “This legislation
will help to protect the environment, improve the quality of life for area
residents and crack down on operators who violate the law.
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