Section 6018.104 - Powers and duties of the departmentThe 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 solid waste management program, including resource recovery and utilization, pursuant to the provisions of this act;(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) develop a Statewide solid waste management plan in cooperation with local governments, the Department of Community Affairs, the Department of Commerce and the State Planning Board; emphasis shall be given to area-wide planning;(4) provide technical assistance to municipalities including the training of personnel;(5) initiate, conduct, and support research, demonstration projects, and investigations, and coordinate all State agency research programs, pertaining to solid waste management systems;(6) regulate the storage, collection, transportation, processing, treatment and disposal of solid waste;(7) issue permits, licenses and orders, and specify the terms and conditions thereof, and conduct inspections and abate public nuisances to implement the purposes and provisions of this act and the rules, regulations and standards adopted pursuant to this act;(8) require the payment of a fee according to a standard uniform schedule of permit and license fees for the processing of any permit or license application. Permit and license fees shall be in an amount sufficient to cover the aggregate cost of reviewing all applications, acting on all applications, processing all renewals, and administering all the terms and conditions of all permits and all provisions of this act relating thereto;(9) 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 purposes and provisions of this act and the rules and regulations promulgated thereunder;(10) institute in a court of competent jurisdiction, proceedings against any person or municipality to compel compliance with the provisions of this act, any rule or regulation issued thereunder, any order of the department, or the terms and conditions of any permit;(11) institute prosecutions against any person or municipality under this act;(12) 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;(13) 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 rules or regulations which may be promulgated hereunder after consulting with the Department of Health regarding matters of public health significance;(14) develop, prepare and submit to the Environmental Quality Board, within two years after the effective date of this act, its proposed Pennsylvania Hazardous Waste Facilities Plan;(15) develop, prepare and publish in the Pennsylvania Bulletin six months after the effective date of this act its preliminary environmental, social and economic criteria and standards for siting hazardous waste treatment and disposal facilities;(16) require the payment of such annual inspection fees and perform such inspections of hazardous waste treatment and disposal facilities as are provided for in the Environmental Quality Board guidelines adopted pursuant to section 105(e) . This provision shall not be construed to limit or restrict the department's inspection powers as elsewhere set forth in this act;(17) administer funds collected by the United States Government and granted to Pennsylvania for the purpose of closing, maintaining or monitoring abandoned or closed hazardous waste storage, treatment or disposal sites and for the purpose of action to abate or prevent pollution at such sites. If Congress has not authorized the collection of such funds within one year after the effective date of this act, or if the department finds that the funding program authorized is inadequate, the department shall transmit to the General Assembly within 15 months after the effective date of this act a proposal for the establishment of a fund in Pennsylvania comprised of surcharges collected from users of hazardous waste storage, treatment and disposal facilities excluding captive facilities in the Commonwealth. Such fund shall be proposed for the purpose of closing, maintaining or monitoring hazardous waste storage, treatment or disposal sites excluding captive facilities which have been abandoned or which have been closed for at least 20 years, and for the purpose of taking action to abate or prevent pollution at such closed or abandoned sites; and(18) encourage the beneficial use or processing of municipal waste or residual waste when the department determines that such use does not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. The department shall establish waste regulations to effectuate the beneficial use of municipal and residual waste, including regulations for the issuance of general permits for any category of beneficial use or processing of municipal waste or residual waste on a regional or Statewide basis in accordance with the regulations adopted by the Environmental Quality Board. The department may or may not require insurance under section 502(e) or bonds under section 505(a) for any general permit or class of general permits promulgated under this paragraph. Except with the written approval of the department, no waste may be stored for longer than one year. Residual wastes being stored shall be monitored for changes in physical and chemical properties, including leachability, pursuant to applicable regulations, by the person or municipality beneficially using or processing such waste. The department may require the submission of periodic analyses or other information to insure that the quality of residual waste to be beneficially used or processed does not change. A municipality or person beneficially using or processing the residual waste shall immediately notify the department, upon forms provided by department, of any change in the physical or chemical properties of the residual waste, including leachability; and the department shall conduct an investigation and order necessary corrective action. Upon receipt of a signed, written complaint of any person whose health, safety or welfare may be adversely affected by a physical or chemical change in the properties of residual waste to be beneficially used or processed, including leachability, the department shall determine the validity of the complaint and take appropriate action. 1980 , July 7, P.L. 380, No. 97, § 104, effective in 60 days. Amended 1986, Dec. 12, P.L. 1556, No. 168, § 2, effective in 60 days; 1989 , July 11, P.L. 331, No. 55, § 2, effective in 60 days.