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Waste Transportation Safety Program - 27 Pa. Cons. Stat. § 6204

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     § 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.

Last modified: November 27, 2007