Section 4000.301 - Powers and duties of 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 municipal waste planning, recycling and waste reduction program pursuant to the provisions of this act and the regulations promulgated pursuant thereto.(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) Provide technical assistance to municipalities and Commonwealth agencies, including, but not limited to, the training of personnel.(4) Initiate, conduct and support research, demonstration projects and investigations, and coordinate all State agency research programs pertaining to municipal waste management systems.(5) Regulate municipal waste planning, including, but not limited to, the development and implementation of county municipal waste management plans.(6) Approve, conditionally approve or disapprove municipal waste management plans, issue orders, conduct inspections and abate public nuisances to implement the provisions and purposes of this act and the regulations promulgated pursuant to this act.(7) 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 provisions and purposes of this act and the regulations promulgated pursuant thereto.(8) Institute, in a court of competent jurisdiction, proceedings against any person to compel compliance with the provisions of this act, any regulation promulgated pursuant thereto, any order of the department, or the terms and conditions of any approved municipal waste management plan.(9) Institute prosecutions against any person under this act.(10) 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.(11) Encourage and, where the department determines it is appropriate, require counties and other municipalities to carry out their duties under this act, using the full range of incentives and enforcement authority provided in this act.(12) Take any action not inconsistent with this act that the department may deem necessary or proper to collect the recycling fee provided by this act, to ensure the payment of the host municipality benefit fee and to ensure the payment of the site-specific postclosure fee and moneys for the trust fund for municipally operated landfills provided by this act.(13) Administer and distribute moneys in the Recycling Fund for any public educational programs on recycling and waste reduction that the department believes to be appropriate, for technical assistance to counties in the preparation of municipal waste management plans, for technical assistance to municipalities concerning recycling and waste reduction, to conduct research, and for other purposes consistent with this act.(14) To promote and emphasize recycling and waste reduction in the Commonwealth by, among other things: (i) Conducting a comprehensive, innovative and effective public education program concerning the value of recycling and waste reduction, and of public opportunities to participate in such activities, in cooperation with the Department of Education.(ii) Developing and maintaining a data base on recycling and waste reduction in the Commonwealth, and making the information in that data base available to the public.(iii) Coordinating recycling and waste reduction efforts among Commonwealth agencies.(iv) Providing financial and other assistance to municipalities that are required by section 1501 to implement recycling programs.(v) Providing information about potential recycling markets to municipalities and other interested persons.(15) 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 regulations promulgated pursuant thereto after consulting with the Department of Health regarding matters of public health significance. 1988, July 28, P.L. 556, No. 101, § 301, effective in 60 days.