27 PA Cons Stat § 6204 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 27 - ENVIRONMENTAL RESOURCES|Chapter 62 - Waste Transportation Safety|Section 6204 - Waste Transportation Safety Program

§ 6204. Waste Transportation Safety Program.  (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 transporter currently doing business in the Commonwealth shall submit an application for interim written authorization on a form prescribed by the department. This form shall be accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration provided for in 75 Pa.C.S. § 6144 (relating to vehicle registration and licensing), evidence of the current official certificate of inspection and a current certificate of insurance.  (2) A transporter seeking to do business in this Commonwealth after the effective date of this chapter shall submit an application for interim written authorization on a form prescribed by the department. This form shall be accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration provided for in 75 Pa.C.S. § 6144, evidence of the current official certificate of inspection and a current certificate of insurance.  (c) Interim written authorization.--Within 60 days of receipt of the fee and documentation required under subsection (b), the department shall issue and provide the transporter with an interim written authorization and authorization stickers for each truck, truck tractor and waste trailer. The authorization stickers shall indicate the transporter's interim written authorization number. An authorization sticker shall be displayed prominently on the left front side of the truck or truck tractor, and an authorization sticker shall be displayed prominently on the back of the truck or waste trailer. Each waste transportation vehicle shall carry a copy of the interim written authorization issued to the transporter by the department and, upon request, present the interim written authorization to the department or a qualified Commonwealth employee.  (d) Term of interim written authorization.--The interim written authorization shall be valid until the transporter receives final authorization unless suspended or revoked by the department.  (e) Compliance history.--Upon notification from the department, the transporter shall submit on a form provided by the department documentation of compliance history in conformity with section 6205 (relating to compliance history review).  (f) Final written authorization.--Upon evaluation of the transporter's compliance history under section 6205, the department shall make a determination on the issuance of a final written authorization. The final written authorization shall include the transporter's written authorization number, the expiration date and authorization stickers for each truck, truck tractor and waste trailer.  (g) Term of final written authorization.--The final written authorization shall be valid for one year unless suspended or revoked by the department. The terms and conditions of an expired written authorization shall automatically continue when the following conditions are met:  (1) The transporter has submitted a timely renewal application in accordance with subsection (h).  (2) The department is unable, through no fault of the transporter, to issue or deny a written authorization prior to the expiration date of the previous written authorization.  (h) Final written authorization application renewal.--Ninety days prior to expiration of final written authorization, a transporter shall submit an application for renewal of its final written authorization on a form prescribed by the department, accompanied by a fee of $100 per truck or, in the case of a combination, $50 per truck tractor and a $50 per waste trailer. Each application shall also be accompanied by a copy of the official base State registration, the current official certificate of inspection and a current certificate of insurance pursuant to 75 Pa.C.S. (relating to vehicles) for each truck, truck tractor and waste trailer. After publishing a notice in the Pennsylvania Bulletin, no later than July 1 and effective no earlier than January 1 of the following year, the department shall evaluate and may modify the written authorization annual fee in an amount sufficient to cover the actual costs of the department, Pennsylvania State Police and the Department of Transportation in implementing and enforcing this chapter. The annual fee paid to the department by a transporter shall not exceed $200 per truck or, in the case of a combination, $100 per truck tractor and $100 per waste trailer.  (i) Transfer of written authorization.--Written authorization for a waste transportation vehicle may be transferred to another owner in accordance with the procedures in this section.  (j) Procedure for transfer.--In order to use the waste transportation vehicle to transport municipal or residual waste to a processing or disposal facility in this Commonwealth, the new owner shall be deemed to have interim written authorization upon the submission and receipt by the department of a complete application fee as set forth in subsection (b). The interim written authorization shall remain in effect until the department issues or denies final written authorization based upon a review of the new owner's compliance history information as required by this section.  (k) Powers and duties of Environmental Quality Board.--The Environmental Quality Board shall have the power and duty to adopt regulations to accomplish the purposes and to carry out the provisions of this chapter.  (l) Restricted account.--All fees, fines and penalties collected under the provisions of this chapter shall be paid into the State Treasury in a separate restricted account known as the Waste Transportation Safety Account, which is hereby established. The Waste Transportation Safety Account shall be administered by the department for the administration and enforcement of the Waste Transportation Safety Program, including the inspection of waste transportation vehicles and reimbursing the Pennsylvania State Police and the Department of Transportation for their costs in administering and enforcing this chapter.  Effective Date. Section 5(1) of Act 90 of 2002 provided that subsec. (a) shall take effect in 180 days.