Title 27, ENVIRONMENTAL RESOURCES

2005 Amendment. Section 6110 was deleted by amendment July 13, 2005, P.L.213, No.45, effective immediately.

(a) Market development funding.--The Department of Environmental Protection, on an annual basis, shall provide sufficient moneys for market development from the Recycling Fund to promote the long-term sustainability of recycling and to promote the continued growth of the recyclin…

(a) Recycling fee.--(Repealed). (b) Fee established.--Each operator of a municipal waste landfill shall pay, in the same manner prescribed in section 701 of the Municipal Waste Planning, Recycling and Waste Reduction Act, an amount equal to 25¢ per ton of weighted waste or 25¢ pe…

(a) General rule.--Prior to certification of final closure and release by the Department of Environmental Protection of the landfill bond under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the regulations promulgated thereto, the trustee …

(a) Borrowing authorized.-- (1) Pursuant to section 7(a)(3) of Article VIII of the Constitution of Pennsylvania and the act of April 13, 2005 (P.L.1, No.1), known as the Growing Greener Environmental Stewardship and Watershed Protection Enhancement Authorization Act, the issuing …

(a) Establishment of bond fund.--There is hereby established a special fund in the State Treasury to be known as the Growing Greener Bond Fund. Prior to allocation, moneys in the bond fund may be invested or reinvested as are other funds in the custody of the State Treasurer in a…

(a) Establishment.--There is established the County Environmental Initiative Program. From within the amounts allocated in section 6116(c)(1), (2), (3) and (4) (relating to establishment of bond fund and allocation and use of bond proceeds), $90,000,000 shall be available for cap…

(a) Transfer.--The Secretary of the Budget, in his discretion, may annually transfer funds from the Alternative Fuels Incentive Fund to the fund in such amounts as will allow the fund to continue to distribute moneys to the departments and the authority at historic levels. (b) Am…

(a) State departments and agencies.--Every State department and agency receiving funds under this chapter shall publish a report of all projects funded on the department or agency's publicly accessible Internet website at least annually. (b) Counties.--Every county designating ca…

This chapter shall be known and may be cited as the Waste Transportation Safety Act.

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: "Combination." Two or more vehicles physically interconnected in tandem. "Department." The Department of Environmental P…

(a) Establishment.--A Waste Transportation Safety Program is established to protect the public health, safety and welfare and the environment. (b) Duties.--The Waste Transportation Safety Program shall: (1) Ensure the responsible and safe transportation of municipal or residual w…

(a) Written authorization required.--It shall be unlawful for a transporter to operate a waste transportation vehicle without obtaining written authorization from the department. (b) Interim written application.-- (1) Within 120 days of the effective date of this chapter, a trans…

(a) Transporter noncompliance.--In carrying out the provisions of this chapter, the department may deny, suspend, modify or revoke any written authorization if it finds or receives findings from the Pennsylvania State Police or the Department of Transportation that: (1) The trans…

(a) General rule.--No municipal or residual waste processing or disposal facility shall accept municipal or residual waste from a waste transportation vehicle without a current authorization sticker issued by the department. Failure to comply with this provision shall result in a…

(a) Authority of qualified Commonwealth employees.--A qualified Commonwealth employee shall be authorized to assist the department in enforcing provisions of this chapter. The authority granted under this section shall be exercised only when the employee is in uniform and is cond…

(a) Criminal penalties.--A transporter who violates the provisions of this chapter commits a misdemeanor of the third degree and, upon conviction for the first offense, shall pay a penalty of not less than $5,000 nor more than $10,000. Upon the second or subsequent conviction of …

(a) Liberal construction.--This chapter shall be liberally construed so as best to effectuate the goals and purposes of this chapter. (b) Pari materia.--This chapter shall be construed in pari materia with the Solid Waste Management Act and 75 Pa.C.S. (relating to vehicles).

(a) Imposition.--Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall pay, in the same manner prescribed in Chapter 7 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction A…

(1) For the fiscal year 2002-2003, fees received by the department pursuant to section 6301 (relating to disposal fee for municipal waste landfills) shall be paid into the State Treasury as follows: (i) The first $50,000,000 in fees collected shall be deposited into the Environme…

(a) Owners and operators.--The owner or operator of a municipal waste landfill which collects and remits the fee established pursuant to section 6301 (relating to disposal fee for municipal waste landfills) may pass through and collect the fee from any person who delivered the wa…

2005 Amendment. Section 6304 was deleted by amendment July 13, 2005, P.L.213, No.45, effective immediately.

For fiscal years 2002-2003 through 2006-2007, the department shall utilize 10% of the money allocated annually to it under section 6104(d) (relating to fund) to provide grants for safe drinking water projects and wastewater treatment projects. Grants under this section shall be m…

When the Governor's proposed budget for the upcoming fiscal year, as submitted pursuant to section 12 of Article VIII of the Constitution of Pennsylvania, contains a revision to the revenue estimate for the current year of at least 3% less than the official revenue estimate for t…

This chapter shall be known and may be cited as the Uniform Environmental Covenants Act.

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: "Activity and use limitations." Restrictions or obligations with respect to real property created under this chapter. Th…

(a) Nature.--Any person, including a person that owns an interest in the real property, or an agency may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (b) Rights of agency.--The rights of an age…

(a) Required information.--An environmental covenant must: (1) state that the instrument is an environmental covenant executed pursuant to this chapter; (2) contain a legally sufficient description of the real property subject to the environmental covenant; (3) contain a brief na…

(a) Nature.--An environmental covenant which complies with this chapter runs with the land. (b) Impediments excluded.--An environmental covenant which is otherwise effective is valid and enforceable even if: (1) it is not appurtenant to an interest in real property; (2) it can be…

(a) Effect on unauthorized uses.--This chapter does not authorize a use of real property which is otherwise prohibited by: (1) zoning; (2) law other than this chapter regulating use of real property; or (3) a recorded instrument which has priority over the environmental covenant.…

(a) Recipients.--The owner or another person designated by the agency shall provide a copy of a signed environmental covenant as required by the agency to: (1) all persons who signed the environmental covenant; (2) all persons holding a recorded interest in the real property subj…

(a) Requirement.--An environmental covenant, any amendment or termination of the environmental covenant and a waiver under section 6510(a)(3)(i) or (b)(2) (relating to amendment or termination by consent) must be recorded in every county in which any portion of the real property …

(a) Perpetual.--An environmental covenant is perpetual unless one of the following applies: (1) It is limited by its terms to a specific duration or the occurrence of a specific event. (2) It is terminated by consent under section 6510 (relating to amendment or termination by con…

(a) Signature.--An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following: (1) The agency. (2) Unless waived by the agency, the current owner in fee simple of the real property subject to the environme…

(a) Parties.--A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) a party to the environmental covenant; (2) the agency or, if it is not the agency, the department; (3) any other person to whom the environme…

(a) Registry.--The department shall establish and maintain a registry which contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subje…

In applying and construing this chapter as a uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states which enact it.

(a) General rule.--Except as set forth in subsection (b), this chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.). (b) Exceptions.-- (1) This chapter does not modify, limit or superse…

(a) Regulations.--The Environmental Quality Board has the power and duty to promulgate regulations for the proper performance of work of the department under this chapter. This subsection includes the establishment of fees under this chapter. (b) Fees.--Fees under subsection (a) …

Actions of the department under this chapter shall be considered appealable actions under the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act.

(a) Prospective environmental response projects.-- (1) Unless waived by the department, engineering controls or institutional controls required to demonstrate attainment of a remediation standard under the Land Recycling Act or the act of July 6, 1989 (P.L.169, No.32), known as t…

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: "Department." The Department of Conservation and Natural Resources of the Commonwealth. "Restricted account." The Keysto…

The Keystone Tree Restricted Account is established as a restricted account within the General Fund. The money in the restricted account is appropriated on a continuing basis to the department for the purposes specified in section 6604 (relating to authorized purposes). Cross Ref…

The restricted account shall include the following: (1) Proceeds paid by the Department of Transportation under 75 Pa.C.S. § 1322 (relating to contributions to Keystone Tree Restricted Account). (2) Grants, gifts, donations and other payments from a person or governmental entity …

(a) Purposes and allocations.--Except as provided under 75 Pa.C.S. § 1322(e) (relating to contributions to Keystone Tree Restricted Account), the department may expend money from the restricted account for the purposes and in the allocations as follows: (1) A tree vitalize progra…

The department may solicit and accept gifts, donations, legacies and other money for deposit into the restricted account from a person or a government entity on behalf of the Commonwealth.