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§ 755.4. Powers and duties of the department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Pennsylvania Solid Waste--Resource Recovery Development Act (Refs & Annos)
35 P.S. § 755.4
§ 755.4. Powers and duties of the department
The department is hereby authorized to serve as the administrator of the Pennsylvania Solid Waste--Demonstration Grants-in-Aid Fund and Solid Waste--Resource Recovery Development Fund and shall have and may exercise all powers necessary or appropriate to carry out and effectuate the purposes of this act, including the following powers, in addition to others herein granted:
(1) To make, upon proper application of solid waste--resource recovery agencies, loans to such development agencies of moneys held in the Solid Waste--Resource Recovery Development Fund for development projects and to provide for the repayment and redeposit of such allocations and loans in the manner hereinafter provided, and upon proper application make grants to such development agencies of moneys held in the Solid Waste--Demonstration Fund for demonstration projects, and to establish the priority of such loans and grants.
(2) To cooperate with solid waste--resource recovery development agencies in their efforts to promote the expansion of solid waste processing/disposal and resource recovery systems.
(3) To employ such persons as necessary to carry out the provisions of this act and to prescribe their duties.
(4) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business, and to avail itself of all rights and remedies, both at law and in equity, arising out of such contracts.
(5) Without limitation of the foregoing, accept grants from, and to enter into contracts or other transactions with any Federal agency.
(6) To take title by foreclosure or by the exercise of applicable conditions of the grant award contract to any demonstration or development project where such acquisition is necessary to protect any grant or loan previously made therefore by the department and to pay all costs arising out of such foreclosure and acquisition from moneys held in the Development Fund or Demonstration Fund, whichever is applicable and to sell, transfer and convey any such demonstration project or development project or components thereof to any responsible buyer; in the event such sale, transfer and conveyance cannot be effected with reasonable promptness, the department may, in order to minimize financial losses and sustain employment, lease such demonstration project or development project to a responsible tenant or tenants; the department shall not lease demonstration projects or development projects except under the conditions and for the purpose cited in this section.
(7) To purchase first mortgages and to make payments on first mortgages on any demonstration project or development project where such purchase or payment is necessary to protect any grant or loan previously made therefore by the department, and to sell, transfer, convey and assign any such first mortgage. Moneys so used by the department in the purchase of any first mortgages, or any payments thereon, shall be withdrawn from the Development Fund or the Demonstration Fund, whichever is applicable, and any moneys derived from the sale of any first mortgages shall be deposited by the department in the appropriate fund.
(8) To audit, inspect, and review all books, records, and reports maintained by recipients of grants or loans made pursuant to this act.
(9) To submit an annual report to the Joint Legislative Air and Water Pollution Control and Conservation Committee summarizing the status, activities, and accomplishments of the department in administering this act.
(10) To consult with technical advisors properly qualified by education or experience in financial administration, solid waste management, resource recovery systems design and construction, market analyses, or any other field of endeavor which is pertinent to the effectuation of the purposes of this act.
(11) To issue enforcement orders to grant or loan recipients whose books, records, or reports have not been maintained in the manner required by the department.
(12) To institute legal proceedings in a court of competent jurisdiction for the enforcement of any order of the department under this act for which there has been no timely appeal or which has been sustained on appeal, or for the recovery of penalties or damages under this act.
(13) To institute actions at law against any person to recover any funds spent by said person for any purpose not authorized by the department under this act, or under the rules, regulations, and agreements adopted or made thereunder.
(14) To institute prosecutions under this act.
(15) To do all things necessary or convenient to carry out the powers granted by this act.
(16) To establish priorities for grants based on the following guidelines:
(i) Whether the project is consistent with State, regional and local planning.
(ii) The degree to which the project can be expected to demonstrate results that will have general application to solid waste management problems within the Commonwealth.
(iii) Whether plans exist to continue the project as an ongoing service after the demonstration period.
(iv) The degree to which project objectives are attainable and measurable within the scope of the project.
(v) The projected quantity and quality of material and/or energy recovered.
(vi) The projected economic viability of the project.
(vii) The possible duplication of other existing or proposed projects.
(viii) The degree of improvement to the environment attainable from the project.


1974, July 20, P.L. 572, No. 198, § 4, effective Nov. 1, 1974. Amended 1975, Oct. 7, P.L. 375, No. 108, §§ 3, 4, imd. effective.
35 P.S. § 755.4, PA ST 35 P.S. § 755.4
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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