§ 7130.318. Host and affected municipality benefits and guarantees
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7130.318
§ 7130.318. Host and affected municipality benefits and guarantees
(a) Funding for evaluation of proposal.--Upon submission of the potentially suitable sites application to the Environmental Quality Board for approval, the department shall provide a reasonable amount of funds, not to exceed $100,000 per site, to the proposed host municipalities in the study under section 307(c),1 and, upon the request of such county, the department shall provide a reasonable amount of funds, not to exceed $100,000 per site, to the proposed host county in the study under section 307(c) to evaluate the proposal submitted by the operator-licensee. The host municipality and the host county shall present their findings to the board not more than 180 days after receipt of funds under this subsection. Strict accounting and verification of expenditures for activities related to this topic shall be provided by the potential host municipalities to the department in accordance with their municipal codes. All unused moneys shall be returned to the department.
(b) Funding for evaluation of application.--Upon receipt of a license application from the operator-licensee designates, the department shall provide a reasonable amount of funds, not to exceed $150,000, to the potential host municipality to carry out an independent evaluation of the application, and, upon the request of such county, the department shall provide a reasonable amount of funds, not to exceed $150,000, to the potential host county to carry out an independent evaluation of the application. The potential host municipality and county, within 180 days after receipt of funds under this subsection, shall present its findings to the department for inclusion in the licensing proceedings. Strict accounting and verification of expenditures for activities related to this topic shall be provided by the host municipality to the department in accordance with its municipal code. All unused moneys shall be returned to the department.
(d) Petition for designation as affected municipality.--After the license application has been received, a municipality may petition the department to be designated as an affected municipality. The department shall designate affected municipalities based upon, but not limited to, the contents of the petition, the results of the social and economic impact and environmental impact studies submitted as part of the potentially suitable site proposal under section 307, and the license application under section 308.2 This shall not preclude the department from designating a municipality as affected even though the municipality has not submitted a petition. At least 30 days prior to taking final action, the department shall publish for comment in the Pennsylvania Bulletin a notice of its intent to grant or deny designation of a municipality as an affected municipality under this act, including the reasons for its action.
(3) A minimum dollar amount guaranteed annually regardless of the volume of waste received at the regional facility and any additional amount per unit of waste (cubic foot, curie content or a combination of the two) the operator and host municipality may agree upon. These funds will go directly to the host municipality.
(4) Payment of school district and municipal property taxes for individuals whose primary residence is within two miles of the regional facility for the operational life of the facility. For purposes of this section, a primary residence is the property in which the owner resides for at least nine months of each year. Payments under this section shall be prorated based on the assessed value of property located within two miles of the facility.
(5) The hiring by the host municipality of two full-time qualified inspectors, as determined by the department, to perform inspections of all activities at the regional facility under a written agreement with the department. The inspectors shall have the right of independent access to inspect any and all records and activities at the site and to carry out joint inspections with the department. The department shall respond immediately to any emergency complaint of the host municipality inspector. The department shall respond to any written complaint of the inspector within 24 hours.
(6) The hiring, upon the request of the host county, of two full-time qualified host county inspectors, to perform inspections of all activities at the regional facility under a written agreement with the department. The inspectors shall have the same authority and responsibilities as the host municipality inspectors as outlined in paragraph (5) and section 502.3
(8) Funds for the expenses incurred by an Environmental Advisory Council serving the host municipality or the affected municipalities, which has been set up pursuant to the act of December 21, 1973 (P.L. 425, No. 148),4 referred to as the Municipal Environmental Advisory Council Law, for the purpose of advising government agencies, elected officials and the public on matters dealing with the protection and conservation of the environment, including the immediate area of the disposal site.
(g) Authority of municipality.--The host and affected municipalities' governing bodies shall have the exclusive power, authority and duty to determine how to utilize any funds received under this section, provided that such expenditures or utilization shall be consistent with the provisions of the prevailing municipal code in effect at the time of the expenditure.
(1) An independent periodic well and surface water sampling program and soil and plant sampling program which will provide analyses for radioactive and specified chemical contamination for properties within three miles of the boundary of the regional facility. Test results shall be supplied to the host or affected municipality, homeowner and the department.
(2) An independent, continuous, air, well water, surface water and soil sampling program which will provide analyses for radioactive and specified chemical contamination at the regional facility boundary. Test results shall be supplied to the host county, host municipality, affected municipality landowners, homeowners and the department.
(i) Any landowner will be guaranteed the sale of his property or purchase by the site operator at property values immediately prior to the time operator-licensee designate's potentially suitable site application is submitted to the department, and any subsequent improvements since that date provided that the real property and improvements thereto are located within two miles from the boundary of the regional facility.
(4) Prior to acceptance of waste at the regional facility, and every three years thereafter, the operator will provide updated information for the health survey related to cancer and other disease rates and birth defects of the population within a five mile radius of the facility, and shall offer without charge whole-body radioactivity measurements and other measures appropriate to assess the presence of internal radioactive emitters to all permanent residents within the host municipality or within five miles of the boundary of the regional facility. All data shall be provided to the individual with a full explanation of the results and copies made available to the host or affected municipality and the department. Tests other than the above shall also be made available, subject to the approval of the department. Results of all such tests shall be considered confidential medical records. The department shall retain copies of all records provided to it.
(j) Benefit sharing.--Where there are two or more host municipalities, the benefits under this section shall be shared according to an agreement to be reached between these host municipalities. If an agreement cannot be reached, the department will decide upon a final division of the benefits, which decision shall not be reviewable.
(k) Local ordinances.--The host municipality shall have the authority to adopt reasonable ordinances, including, but not limited to, ordinances concerning the hours and days of operation of the facility and traffic. Such ordinances may be in addition to, but not less stringent than, not inconsistent with, and not in violation of any provision of this act, any regulation promulgated pursuant to this act or any license issued pursuant to this act. Such ordinances found to be inconsistent and not in substantial conformity with this act shall be superseded pursuant to section 503.5 Appeals under this section may be brought before a court of competent jurisdiction.
Credits
1988, Feb. 9, P.L. 31, No. 12, § 318, imd. effective.
Footnotes
35 P.S. § 7130.307.
35 P.S. § 7130.308.
35 P.S. § 7130.502.
53 P.S. § 11501 et seq. (repealed); see 53 Pa.C.S.A. § 2322 et seq.
35 P.S. § 7130.503.
35 P.S. § 7130.318, PA ST 35 P.S. § 7130.318
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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