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.