(a) Establishment.--In the event that no commercial hazardous waste disposal facility has been permitted within this Commonwealth pursuant to the Solid Waste Management Act¹ by July 1, 1992, an independent agency, known as the Hazardous Waste Facility Siting Commission, is hereby established. The commission shall consist of seven members, three of whom shall be appointed by the Governor, one of whom shall be designated as chairman, one of whom shall be appointed by the President pro tempore of the Senate, one of whom shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed by the Minority Leader of the Senate and one of whom shall be appointed by the Minority Leader of the House of Representatives. Those persons appointed shall be knowledgeable in the fields of hazardous waste management, environmental protection, municipal government or other pertinent fields and shall be appointed in such a manner as to fairly represent local government, industry and public interest groups. No member of the General Assembly or any officer or employee of the State government shall serve as a member of the commission.

(b) Terms of members.--Each appointment shall be for a term of three years. All vacancies shall be filled, for the remainder of the unexpired term, by the respective appointing authority. Any member, upon the expiration of his term, shall continue to hold office until his successor shall be appointed. No member may be removed from office during his term, except for cause, by the respective appointing authority.

(c) Compensation.--Members shall receive such compensation for their services as shall be set by the Executive Board. The members shall be entitled to reimbursement for travel and other necessary expenses incurred as a result of their duties as members of the commission.

(d) Meetings.--The commission shall meet as necessary to carry out its business, but not less than four times per year, at such times and places as shall be set by the chairman. For purposes of conducting official business, a quorum shall consist of four members.

(e) Organizational meeting.--Within two weeks following the appointment of the members of the commission, the chairman shall convene an organizational meeting. Within 60 days of the organizational meeting, the commission shall appoint and fix the compensation of an executive director, who shall devote his full time to the general supervision of all the affairs of the commission. In addition, the commission may appoint and fix the compensation of such other employees as the commission may, from time to time, find necessary for the proper performance of its functions.

(f) Federal deadline.--Notwithstanding the provisions of subsection (a), in the event the Environmental Protection Agency, or its successor, notifies the department that Federal funds for response actions shall not be provided to the Commonwealth for failure to comply with the provisions of section 104(b)(9) of the Federal Superfund Act,² the commission shall be established within one year from receipt of the notice by the department, unless the department and the Environmental Protection Agency reach an agreement prior to the establishment of the commission that provides for the continued usage of Federal funds for response actions.