PRIOR PRINTER'S NO. 596 PRINTER'S NO. 1467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.587
Session of
2025
INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
WEBSTER AND GREEN, FEBRUARY 12, 2025
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS ,
HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 23, 2025
AN ACT
Establishing the hauler or broker of food processing residuals
certification program; providing for the transportation of
food processing residuals; imposing duties on the Department
of Agriculture and the State Conservation Commission; and
imposing penalties.
AMENDING TITLE 3 (AGRICULTURE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, PROVIDING FOR COMMERCIAL HAULERS AND BROKERS OF
ANIMAL AND FOOD PROCESSING RESIDUALS; AND IMPOSING PENALTIES .
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hauler or
Broker of Food Processing Residuals Certification Act.
Section 2. 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:
"Broker of food processing residuals." A person who, for a
fee or other remuneration, provides coordination for transport
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19 or application of food processing residuals from a property
owned or controlled by another or to a property owned or
controlled by another.
"Certified hauler or broker of food processing residuals." A
person who is certified under this act as a hauler or broker of
food processing residuals.
"Commission." The State Conservation Commission established
under the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law.
"Department." The Department of Agriculture of the
Commonwealth.
"Food processing residuals." The term shall have the same
meaning as the term "food processing waste" under section 103 of
the Solid Waste Management Act.
"Food processing residuals data sheet." A written document
that meets the requirements established by the commission, in
consultation with the department, and specifies the quantity,
content, characterization, origin, age, prior possessors and
processing of food processing residuals, dates and parties to
any prior transfers of possession, intended site for storage
prior to land application, if applicable, and intended site of
land application in the course of normal farming operation.
"Hauler of food processing residuals." A person who, for a
fee or other remuneration, provides transport or application for
transport or application of food processing residuals from a
property owned or controlled by another or to a property owned
or controlled by another.
"Land application system." A written, site-specific plan
that incorporates best management practices for the use, storage
and application of food processing residuals.
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30 "Secretary." The Secretary of Agriculture of the
Commonwealth.
"Solid Waste Management Act." The act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act.
Section 3. Hauler or broker of food processing residuals
certification program.
(a) Establishment.--The department shall establish, within
18 months of the effective date of this subsection, in
consultation with the commission, a hauler or broker of food
processing residuals certification program for the purpose of
certifying persons as certified haulers or brokers of food
processing residuals. The certification shall be in effect for
three years and eligible for renewal if the certified hauler or
broker of food processing residuals has completed six credits of
continuing education as approved by the department. The
department shall by regulation establish additional conditions
and fees for certification as the department deems appropriate.
(b) Training.--For purposes of the hauler or broker of food
processing residuals certification program, the department shall
develop, in consultation with the commission, training and
educational requirements, testing and other criteria as the
department deems necessary for certification under this act.
Training shall at a minimum address the following topics:
(1) The best management practices with respect to
transport, storage and application of food processing
residuals.
(2) Information necessary for identifying, understanding
and following a land application system with emphasis on best
practices for proper application and timing for application
of food processing residuals.
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30 (3) Recordkeeping by certified haulers or brokers of
food processing residuals necessary to meet all regulatory
requirements of this act and the Solid Waste Management Act.
(4) Procedures necessary for the development,
preparation and maintenance of accurate f ood processing
residuals data sheets.
(c) Approval of training.--The department shall have the
authority to approve, for the purposes of training and
education, programs developed by educational institutions or
entities that meet the requirements of this section.
(d) Food processing residuals data sheet.--The commission,
in coordination with the department, shall develop a food
processing residuals data sheet. The food processing residuals
data sheet shall include, at a minimum:
(1) The quantity, content, characterization, origin,
age, prior possessors and processing of the food processing
residuals, including testing as required by the land
application system.
(2) The dates and parties to any prior transfers of
possession of the food processing residuals.
(3) The intended site for land application or any other
destination, within or outside of this Commonwealth, where
the food processing residuals will be utilized or disposed.
(4) Any other required information necessary to
identify, track and determine appropriate food processing
residuals data sheet handling, storage and application rates.
Section 4. Requirements for hauler or broker of food processing
residuals.
(a) Prohibition.--Subject to the hauler or broker of food
processing residuals certification program established under
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30 section 3(a), a hauler or broker of food processing residuals
may not transport or land apply in this Commonwealth, regardless
of where the food processing residuals are generated, unless the
hauler or broker has:
(1) Successfully completed a hauler or broker of food
processing residuals certification program approved by the
department.
(2) Received the appropriate certification by the
department.
(3) Maintained certification under the requirements of
the hauler or broker of food processing residuals
certification program.
(b) Land applying of food processing residuals.--A hauler or
broker of food processing residuals shall, when land applying
food processing residuals, do so only in accordance with the
land application system.
(c) Food processing residuals data sheet.--Prior to
accepting food processing residuals for transport or
application, a hauler or broker of food processing residuals
shall ensure that a complete food processing residuals data
sheet has been transmitted to the commission.
(d) Recordkeeping.--All records required under this section
shall be maintained for three years and made available upon
request to the department.
Section 5. Transport and transfer requirement.
Food processing residuals shall be hauled, brokered or
transferred only by a certified hauler or broker of food
processing residuals and:
(1) At each and every transfer of possession within this
Commonwealth of food processing residuals, provide a food
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30 processing residuals data sheet to all transferees, including
all persons receiving food processing residuals for land
application or for further transfer to others for land
application.
(2) Maintain the food processing residuals data sheet
for a period of three years.
(3) Meet any additional requirements under the act of
June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
Law, the Solid Waste Management Act and any other applicable
law.
Section 6. Unlawful conduct.
It shall be unlawful to fail to comply with or to cause or
assist in the violation of this act, a regulation promulgated
under this act or an order issued under this act.
Section 7. Administrative penalties.
(a) Penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this act,
the department may assess an administrative penalty of not
more than $1,000 for the first day of each violation and $500
for each additional day of continuing violation. The factors
for consideration in determining the amount of the penalty
are:
(i) The seriousness of the violation.
(ii) The willfulness of the violation.
(iii) Previous violations.
(2) A person may appeal a penalty under this section to
the secretary as follows:
(i) The appeal must be filed within 30 days of the
date of the penalty assessment.
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30 (ii) The secretary shall issue a decision on the
appeal within 30 days of the filing of an appeal.
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(b) Collection.--In cases of inability to collect the
administrative penalty or failure of a person to pay all or a
portion of the penalty, the department may refer the matter to
the Office of General Counsel, which shall institute an action
in the appropriate court to recover the penalty. A penalty
assessed shall operate as a lien on the property of the person
against whom the penalty has been assessed.
Section 8. Civil remedies.
(a) Law.--The Office of General Counsel may institute an
action at law in a court of competent jurisdiction to recover
damages for a violation of this act, a regulation promulgated
under this act or an order issued under this act.
(b) Equity.--The Office of General Counsel may institute an
action in equity in a court of competent jurisdiction to
restrain a violation of this act, a regulation promulgated under
this act or an order issued under this act. In a proceeding
under this subsection:
(1) The Commonwealth shall not be required to furnish
bond.
(2) The court shall issue a preliminary injunction if it
finds that the defendant is engaging in unlawful conduct as
proscribed by this act or is engaged in conduct which is
causing immediate and irreparable harm to the public.
(3) Equitable relief may be issued in addition to
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30 damages under subsection (a).
(c) Abatement.--The court may fix a reasonable time during
which the person responsible for a violation may make provision
for the abatement of the violation.
(d) Injunction.--In cases where the circumstances require it
or the public health is endangered, the court may issue a
preliminary injunction, special injunction or temporary
restraining order.
Section 9. Enforcement order and revocation or suspension of
certification.
(a) Orders and revocation or suspension.--The department
may:
(1) Issue orders necessary for the enforcement of this
act. An order issued under this subsection shall take effect
upon notice unless the order specifies otherwise.
(2) Suspend or revoke a certification granted under this
act if the department finds that the hauler or broker of food
processing residuals has failed or continues to fail to
comply with this act, the certification criteria, the
regulations promulgated under this act or an order of the
department under this act.
(b) Procedure.--A person may appeal an action under this
section to the secretary as follows:
(1) The appeal must be filed within 30 days of the date
of the order, revocation or suspension.
(2) The secretary shall issue a decision on the appeal
within 30 days of the filing of an appeal.
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
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30 Commonwealth agency action).
Section 10. Powers reserved under existing laws.
Nothing in this act shall limit the powers conferred upon the
department, the commission, the Department of Environmental
Protection or a county conservation district under laws other
than this act, including the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, the Solid Waste
Management Act or the act of June 28, 2004 (P.L.454, No.49),
known as the Commercial Manure Hauler and Broker Certification
Act.
Section 11. Preemption of local ordinances.
This act is of Statewide concern and shall occupy the whole
field of regulation regarding the certification and regulation
of haulers or brokers of food processing residuals and the
transportation of food processing residuals to the exclusion of
all local regulations. Except as otherwise specifically provided
in this act, an ordinance or regulation of a political
subdivision may not prohibit or attempt to regulate the
certification or operations or transportation of haulers or
brokers of food processing residuals.
Section 12. Limitation of liability.
If a person operating as a hauler or broker of food
processing residuals is properly certified under this act and
has complied with this act in the transportation, utilization,
land application and activities related to the management of
food processing residuals, certification and compliance shall be
given appropriate consideration as a mitigating factor in an
action arising from the management or utilization of food
processing residuals transported or land applied by the hauler
or broker.
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30 Section 13. Effective date.
This act shall take effect in 60 days.
SECTION 1. TITLE 3 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 13
COMMERCIAL HAULERS AND BROKERS OF
ANIMAL AND FOOD PROCESSING RESIDUALS
SEC.
1301. DEFINITIONS.
1302. AFPR COMMERCIAL HAULER AND BROKER CERTIFICATION PROGRAM.
1303. REQUIREMENTS FOR COMMERCIAL HAULERS AND COMMERCIAL
BROKERS OF AFPRS.
1304. UNLAWFUL CONDUCT.
1305. ADMINISTRATIVE PENALTIES.
1306. CIVIL REMEDIES.
1307. ENFORCEMENT ORDERS, SUSPENSION OR REVOCATION OF
CERTIFICATION.
1308. POWERS RESERVED UNDER EXISTING LAWS.
1309. PREEMPTION OF LOCAL ORDINANCES.
1310. MITIGATION.
§ 1301. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AFPR" OR "AFPRS." ANIMAL PROCESSING RESIDUALS AND FOOD
PROCESSING RESIDUA LS.
"AGRICULTURAL OPERATION" OR "OPERATION." THE MANAGEMENT AND
USE OF FARMING RESOURCES FOR THE PRODUCTION OF CROPS, LIVESTOCK
OR POULTRY.
"AGRICULTURAL OPERATOR." A PERSON THAT HAS MANAGEMENT
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30 CONTROL OF AN AGRICULTURAL OPERATION.
"ANIMAL PROCESSING RESIDUALS." RESIDUAL MATERIALS IN LIQUID
OR SOLID FORM GENERATED IN THE SLAUGHTERING, PROCESSING OR
CONVERTING OF POULTRY, LIVESTOCK, FISH, SEAFOOD, MILK, MEAT OR
EGGS INTO HUMAN FOOD OR ANIMAL FEED.
"BOARD." THE AGRICULTURAL ADVISORY BOARD ESTABLISHED UNDER
27 PA.C.S. § 702 (RELATING TO ESTABLISHMENT OF BOARD).
"COMMERCIAL BROKER." A PERSON THAT AS SUMES TEMPORARY CONTROL
OR OWNERSHIP OF ANIMAL PROCESSING RESIDUALS OR FOOD PROCESSING
RESIDUALS AND DIRECTLY OR INDIRECTLY ARRANGES FOR TRANSPORT TO
AND UTILIZATION AT A RECEIVING OPERATION OR OTHER LOCATION.
"COMMERCIAL HAULER." A PERSON THAT TRANSPORTS OR LAND-
APPLIES ANIMAL PROCESSING RESIDUALS OR FOOD PROCESSING RESIDUALS
AS A CONTRACT AGENT FOR AN AGRICULTURAL OPERATOR OR COMMERCIAL
BROKER UNDER THE DIRECTION OF THE OPERATOR OR BROKER.
"COMMISSION." THE STATE CONSERVATION COMMISSION ESTABLISHED
UNDER SECTION 4 OF THE ACT OF MAY 15, 1945 (P.L.547, NO.217),
KNOWN AS THE CONSERVATION DISTRICT LAW.
"FOOD PROCESSING RESIDUALS." RESIDUAL MATERIALS GENERATED IN
THE PROCESSING, CONVERTING OR MANUFACTURING OF FRUITS,
VEGETABLES, CROPS AND OTHER COMMODITIES INTO HUMAN FOOD OR
ANIMAL FEED.
"RECEIVING OPERATION." A PERSON THAT RECEIVES AND UTILIZES
OR PROCESSES ANIMAL PROCESSING RESIDUALS OR FOOD PROCESSING
RESIDUALS NOT PRODUCED UNDER THE MANAGEMENT CONTROL OF THAT
PERSON.
"SOLID WASTE MANAGEMENT ACT." THE ACT OF JULY 7, 1980
(P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT.
§ 1302. AFPR COMMERCIAL HAULER AND BROKER CERTIFICATION
PROGRAM.
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30 (A) DUTIES OF DEPARTMENT.--
(1) THE DEPARTMENT SHALL ESTABLISH, IN CONSULTATION WITH
THE COMMISSION AND THE BOARD, AN AFPR COMMERCIAL HAULER AND
BROKER CERTIFICATION PROGRAM FOR THE PURPOSE OF CERTIFYING
PERSONS TO STORE, TRANSFER, TRANSPORT OR LAND-APPLY AFPRS.
(2) THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH
TERMS, CONDITIONS AND FEES FOR CERTIFICATION AS THE
DEPARTMENT DEEMS APPROPRIATE.
(3) THE DEPARTMENT SHALL DEVELOP, IN CONSULTATION WITH
THE COMMISSION AND THE BOARD, TRAINING, EDUCATIONAL
REQUIREMENTS, TESTING AND OTHER CRITERIA AS THE DEPARTMENT
DEEMS NECESSARY FOR CERTIFICATION. THE TRAINING SHALL
ADDRESS, AT A MINIMUM, THE FOLLOWING TOPICS:
(I) LAWS, REGULATIONS AND ORDERS REGARDING AFPR USE,
STORAGE, TRANSFER, TRANSPORT AND LAND APPLICATION.
(II) BEST MANAGEMENT PRACTICES WITH RESPECT TO AFPR
STORAGE, HAULING AND LAND APPLICATION, TRANSPORT SAFETY
PROCEDURES, CALIBRATION OF APPLICATION RATES FOR VARIOUS
TYPES OF APPLICATION EQUIPMENT, SETBACKS FROM WATER
SOURCES AND PROPERTY LINES, AFPR RUNOFF CONCERNS AND
INCORPORATION TECHNIQUES.
(III) RECORDKEEPING OBLIGATIONS BY COMMERCIAL
HAULERS OR COMMERCIAL BROKERS NECESSARY TO COMPLY WITH
THIS CHAPTER AND THE SOLID WASTE MANAGEMENT ACT.
(B) TRAINING PROGRAM APPROVAL.-- THE DEPARTMENT MAY APPROVE
TRAINING AND EDUCATION PROGRAMS DEVELOPED BY EDUCATIONAL
INSTITUTIONS OR ENTITIES WITHIN THIS COMMONWEALTH THAT SATISFY
THE REQUIREMENTS OF THIS SECTION.
§ 1303. REQUIREMENTS FOR COMMERCIAL HAULERS AND COMMERCIAL
BROKERS OF AFPRS.
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30 (A) CERTIFICATION REQUIREMENT.--A COMMERCIAL HAULER OR
COMMERCIAL BROKER MAY NOT STORE, TRANSFER, TRANSPORT OR LAND-
APPLY ANIMAL PROCESSING RESIDUALS OR FOOD PROCESSING RESIDUALS
IN THIS COMMONWEALTH, REGARDLESS OF WHERE THE ANIMAL PROCESSING
RESIDUALS OR FOOD PROCESSING RESIDUALS ARE GENERATED, UNLESS THE
COMMERCIAL HAULER OR COMMERCIAL BROKER MEETS ALL OF THE
FOLLOWING REQUIREMENTS:
(1) HAS SUCCESSFULLY COMPLETED THE CERTIFICATION PROGRAM
UNDER SECTION 1302 (RELATING TO AFPR COMMERCIAL HAULER AND
BROKER CERTIFICATION PROGRAM).
(2) HAS BEEN ISSUED CERTIFICATION BY THE DEPARTMENT.
(3) MAINTAINS CERTIFICATION IN ACCORDANCE WITH THE
CERTIFICATION PROGRAM'S REQUIREMENTS.
(B) LAND APPLICATION OF AFPRS.--A COMMERCIAL HAULER OR
COMMERCIAL BROKER SHALL LAND-APPLY AFPRS IN ACCORDANCE WITH THIS
CHAPTER AND THE SOLID WASTE MANAGEMENT ACT.
(C) STORAGE, TRANSFER AND TRANSPORT OF AFPRS.--A COMMERCIAL
HAULER OR COMMERCIAL BROKER SHALL STORE, TRANSFER AND TRANSPORT
AFPRS IN ACCORDANCE WITH THIS CHAPTER AND THE SOLID WASTE
MANAGEMENT ACT.
(D) RECORDS.--COMMERCIAL HAULERS OR COMMERCIAL BROKERS SH ALL
MAINTAIN RECORDS IN ACCORDANCE WITH THIS CHAPTER AND THE SOLID
WASTE MANAGEMENT ACT OF ALL AFPRS THAT THE COMMERCIAL HAULERS OR
COMMERCIAL BROKERS STORE, BROKER, TRANSPORT OR LAND-APPLY.
RECORDS SHALL BE RETAINED FOR THREE YEARS AND SHALL BE MADE
AVAILABLE UPON REQUEST OF THE DEPARTMENT.
§ 1304. UNLAWFUL CONDUCT.
IT SHALL BE UNLAWFUL TO VIOLATE, CAUSE OR ASSIST IN THE
VIOLATION OF ANY OF THE FOLLOWING:
(1) A PROVISION OF THIS CHAPTER.
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30 (2) A REGULATION PROMULGATED UNDER THIS CHAPTER.
(3) AN ORDER ISSUED UNDER THIS CHAPTER.
(4) A PROVISION OF THE SOLID WASTE MANAGEMENT ACT
APPLICABLE TO THE ACTIVITIES OF COMMERCIAL HAULERS OR
COMMERCIAL BROKERS. ENFORCEMENT OF VIOLATIONS UNDER THIS
PARAGRAPH SHALL BE CONDUCTED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
§ 1305. ADMINISTRATIVE PENALTIES.
(A) PENALTIES.--
(1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY
AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF THIS
CHAPTER, THE DEPARTMENT MAY ASSESS AN ADMINISTRATIVE PENALTY
OF UP TO $1,000 FOR THE FIRST DAY OF A VIOLATION OF THIS
CHAPTER AND $500 FOR EACH DAY THE VIOLATION CONTINUES. IN
DETERMINING THE PENALTY AMOUNT, THE DEPARTMENT SHALL CONSIDER
THE FOLLOWING FACTORS:
(I) THE SERIOUSNESS OF THE VIOLATION.
(II) THE POTENTIAL HARM TO THE PUBLIC.
(III) THE POTENTIAL EFFECT ON THE ENVIRONMENT.
(IV) THE WILLFULNESS OF THE VIOLATION.
(V) ANY HISTORY OF PRIOR VIOLATIONS.
(VI) THE ECONOMIC BENEFIT DERIVED BY THE VIOLATOR
FOR NONCOMPLIANCE WITH THIS CHAPTER.
(2) IF THE DEPARTMENT FINDS THAT THE VIOLATION DOES NOT
CAUSE HARM TO HUMAN HEALTH OR AN ADVERSE EFFECT ON THE
ENVIRONMENT, THE DEPARTMENT MAY ISSUE A WARNING IN LIEU OF A
PENALTY IF THE VIOLATOR, UPON NOTICE, TAKES IMMEDIATE ACTION
TO CORRECT THE VIOLATION AND COMPLY WITH THIS CHAPTER.
(3) A PERSON MAY APPEAL A PENALTY TO THE SECRETARY
WITHIN 30 DAYS OF THE DATE OF THE PENALTY ASSESSMENT. THE
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30 SECRETARY SHALL ISSUE A DECISION ON THE APPEAL WITHIN 30 DAYS
OF THE APPEAL. IF NO DECISION IS ISSUED BY THE SECRETARY
WITHIN THE TIME PERIOD SPECIFIED UNDER THIS PARAGRAPH, THE
ASSESSMENT OF THE PENALTY SHALL BE DEEMED WITHDRAWN. APPEALS
SHALL BE GOVERNED BY 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH.
A (RELATING TO JUDICIAL REVIEW OF LOCAL AGENCY ACTION).
(B) COLLECTION.--IN THE CASE OF AN INABILITY TO COLLECT
THE PENALTY UNDER SUBSECTION (A) OR FAILURE OF A PERSON TO PAY
ALL OR A PORTION OF THE PENALTY, THE DEPARTMENT MAY REFER THE
MATTER TO THE OFFICE OF GENERAL COUNSEL OR THE OFFICE OF
ATTORNEY GENERAL, WHICH MAY INSTITUTE AN ACTION IN A COURT OF
COMPETENT JURISDICTION TO RECOVER THE PENALTY. A PENALTY
ASSESSED ON A PERSON FOR A VIOLATION OF THIS CHAPTER SHALL
OPERATE AS A LIEN ON THE PROPERTY OF THE PERSON.
§ 1306. CIVIL REMEDIES.
(A) ACTION AT LAW.-- THE OFFICE OF GENERAL COUNSEL MAY
INSTITUTE AN ACTION AT LAW IN A COURT OF COMPETENT JURISDICTION
TO RECOVER DAMAGES FOR A VIOLATION OF THIS CHAPTER, A REGULATION
PROMULGATED UNDER THIS CHAPTER OR AN ORDER ISSUED UNDER THIS
CHAPTER.
(B) ACTION IN EQUITY.-- THE OFFICE OF GENERAL COUNSEL MAY
INSTITUTE AN ACTION IN EQUITY IN A COURT OF COMPETENT
JURISDICTION TO RESTRAIN A VIOLATION OF THIS CHAPTER, A
REGULATION PROMULGATED UNDER THIS CHAPTER OR AN ORDER ISSUED
UNDER THIS CHAPTER. IN A PROCEEDING UNDER THIS SUBSECTION, THE
FOLLOWING SHALL APPLY:
(1) THE COURT MAY FIX A REASONABLE TIME DURING WHICH THE
DEFENDANT MAY MAKE PROVISION FOR THE ABATEMENT OF THE
VIOLATION.
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30 (2) THE COURT MAY ISSUE A PRELIMINARY OR SPECIAL
INJUNCTION OR TEMPORARY RESTRAINING ORDER WHERE CIRCUMSTANCES
WARRANT OR PUBLIC HEALTH IS ENDANGERED.
(3) THE COURT SHALL ISSUE A PRELIMINARY INJUNCTION UPON
FINDING THAT THE DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT
PROHIBITED UNDER THIS CHAPTER OR IS CAUSING IMMEDIATE OR
IRREPARABLE HARM TO THE PUBLIC.
(4) THE COMMONWEALTH SHALL NOT BE REQUIRED TO FURNISH
BOND.
(5) THE COURT MAY GRANT EQUITABLE RELIEF IN ADDITION TO
DAMAGES UNDER SUBSECTION (A).
§ 1307. ENFORCEMENT ORDERS, SUSPENSION OR REVOCATION OF
CERTIFICATION.
(A) ORDERS.-- THE DEPARTMENT MAY ISSUE ORDERS NECESSARY TO
ENFORCE THIS CHAPTER. ORDERS SHALL TAKE EFFECT UPON NOTICE
UNLESS OTHERWISE SPECIFIED.
(B) SUSPENSION OR REVOCATION.-- THE DEPARTMENT MAY SUSPEND OR
REVOKE CERTIFICATION OF A COMMERCIAL HAULER OR COMMERCIAL BROKER
UPON FINDING THAT THE COMMERCIAL HAULER OR COMMERCIAL BROKER HAS
FAILED TO COMPLY OR CONTINUES NONCOMPLIANCE WITH ANY OF THE
FOLLOWING:
(1) A PROVISION OF THIS CHAPTER.
(2) CERTIFICATION CRITERIA OR REQUIREMENTS.
(3) A REGULATION PROMULGATED UNDER THIS CHAPTER.
(4) AN ORDER ISSUED UNDER THIS CHAPTER.
(5) A PROVISION OF THE SOLID WASTE MANAGEMENT ACT
APPLICABLE TO THE ACTIVITIES CONDUCTED BY THE COMMERCIAL
HAULER OR COMMERCIAL BROKER.
(C) APPEALS.-- A PERSON MAY APPEAL AN ORDER, SUSPENSION OR
REVOCATION UNDER THIS SECTION TO THE SECRETARY WITHIN 30 DAYS OF
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30 THE DATE OF THE ORDER, SUSPENSION OR REVOCATION. THE SECRETARY
SHALL ISSUE A DECISION ON THE APPEAL WITHIN 30 DAYS OF THE
APPEAL. IF NO DECISION IS ISSUED BY THE SECRETARY WITHIN THE
TIME PERIOD SPECIFIED UNDER THIS PARAGRAPH, THE ORDER,
SUSPENSION OR REVOCATION SHALL BE DEEMED WITHDRAWN. APPEALS
SHALL BE GOVERNED BY 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH. A
(RELATING TO JUDICIAL REVIEW OF LOCAL AGENCY ACTION).
§ 1308. POWERS RESERVED UNDER EXISTING LAWS.
(A) RESERVATION.-- NOTHING IN THIS CHAPTER SHALL BE CONSTRUED
TO LIMIT THE POWERS OF THE DEPARTMENT, THE COMMISSION OR THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER OTHER STATE LAWS,
INCLUDING THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS
THE CLEAN STREAMS LAW, THE SOLID WASTE MANAGEMENT ACT AND COMMON
LAW.
(B) JUDICIAL JURISDICTION.-- A COURT EXERCISING EQUITABLE
JURISDICTION IN ACCORDANCE WITH SECTION 1306(B) (RELATING TO
CIVIL REMEDIES) SHALL NOT BE DEPRIVED OF JURISDICTION EVEN
THOUGH A NUISANCE OR CONDITION DETRIMENTAL TO PUBLIC HEALTH IS
SUBJECT TO REGULATION OR OTHER ACTION BY THE DEPARTMENT UNDER
THIS CHAPTER.
§ 1309. PREEMPTION OF LOCAL ORDINANCES.
THIS CHAPTER IS OF STATEWIDE CONCERN, OCCUPIES THE WHOLE
FIELD OF REGULATION REGARDING THE CERTIFICATION OF AND THE
REQUIREMENTS UNDER SECTION 1303 (RELATING TO RE QUIREMENTS FOR
COMMERCIAL HAULERS AND COMMERCIAL BROKERS OF AFPRS) FOR
COMMERCIAL HAULERS AND COMMERCIAL BROKERS AND PREEMPTS ALL LOCAL
ORDINANCES AND REGULATIONS GOVERNING THE CERTIFICATION OR
REGULATION OF COMMERCIAL HAULERS AND COMMERCIAL BROKERS OF
AFPRS.
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30 § 1310. MITIGATION.
A COMMERCIAL HAULER OR COMMERCIAL BROKER THAT IS PROPERLY
CERTIFIED UNDER THIS CHAPTER AND IN COMPLIANCE WITH ALL
APPLICABLE PROVISIONS OF THIS CHAPTER, REGULATIONS PROMULGATED
UNDER THIS CHAPTER, ORDERS ISSUED UNDER THIS CHAPTER AND THE
SOLID WASTE MANAGEMENT ACT SHALL BE AFFORDED APPROPRIATE
CONSIDERATION AS A MITIGATING FACTOR IN ANY ACTION ARISING FROM
THE STORAGE, TRANSFER, TRANSPORT OR LAND APPLICATION OF AFPRS BY
THE COMMERCIAL HAULER OR COMMERCIAL BROKER.
SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF 3 PA.C.S. § 1302(A) SHALL TAKE
EFFECT IN 18 MONTHS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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