§ 6018.105. Powers and duties of the Environmental Quality Board
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 25, 2021
Effective: January 25, 2021
35 P.S. § 6018.105
§ 6018.105. Powers and duties of the Environmental Quality Board
(a) The Environmental Quality Board shall have the power and its duty shall be to adopt the rules, regulations, criteria and standards of the department to accomplish the purposes and to carry out the provisions of this act, including but not limited to the establishment of rules and regulations relating to the protection of safety, health, welfare and property of the public and the air, water and other natural resources of the Commonwealth.
(c) The Environmental Quality Board shall have the power and its duty shall be to adopt rules and regulations and standards to provide for the coordination of administration and enforcement of this act between the Department of Environmental Protection and county health departments where they exist.
(f) In addition to exercising its powers and duties under section 1920-A of the act of April 9, 1929 (P.L. 177, No. 175),1 known as “The Administrative Code of 1929,” the Environmental Quality Board shall have the power and its duty shall be to assist in the implementation of the Pennsylvania Hazardous Waste Facilities Plan through the issuance of certificates of public necessity for the establishment of hazardous waste treatment or disposal facilities. Any person prior to applying for a certificate of necessity shall have obtained all permits from the department of the Federal agency authorized to issue such permits in the Commonwealth and shall have implemented all impact assessments and public participation programs. In issuing certificates of public necessity the Environmental Quality Board shall:
(iv) the extent to which the proposed facility has been the subject of a public participation program in which citizens have had a meaningful opportunity to participate in evaluation of alternate sites or technologies, development of siting criteria, socioeconomic assessment, and all other phases of the site selection process.
(g) In carrying out the powers and duties set forth in this subsection, the board may consult with any person and hold any hearings which it deems necessary and proper to enable it to render a decision to issue or deny the certificate of public necessity and in any such hearing the board shall be represented by a minimum of three members.
(h) Issuance of a certificate of public necessity under this section shall suspend and supersede any and all local laws which would preclude or prohibit the establishment of a hazardous waste treatment or disposal facility at said site, including zoning ordinances. The suspension and supersession is explicitly extended to any person to whom such certificates issued for the purpose of hazardous waste treatment or disposal, and to the successors and assigns of such person.
(j) Regulations promulgated under this section concerning the generation, transportation, storage, treatment and disposal of hazardous wastes may, to the extent consistent with Federal regulations promulgated under the Resource Conservation and Recovery Act,2 establish classes of hazardous wastes taking into account the relative availability to the environment of the hazardous constituents in waste materials and the degree of hazard thereby presented.
Credits
1980, July 7, P.L. 380, No. 97, § 105, effective in 60 days. Amended 1986, Dec. 12, P.L. 1556, No. 168, § 2, effective in 60 days; 2020, Nov. 25, P.L. 1233, No. 127, § 3, effective in 60 days [Jan. 25, 2021].
35 P.S. § 6018.105, PA ST 35 P.S. § 6018.105
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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