FOR IMMEDIATE RELEASE
June 27, 2005
Back to News

Senator Rafferty's Bill to Toughen Standards for Landfill Operators Passes the Senate 

Senator Rafferty's 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.