Section 6018.105 - Powers and duties of the Environmental Quality Board(a) The Environmental Quality Board shall have the power and its duty shall be to adopt the rules, regulations, criteria and standards of the department to accomplish the purposes and to carry out the provisions of this act, including but not limited to the establishment of rules and regulations relating to the protection of safety, health, welfare and property of the public and the air, water and other natural resources of the Commonwealth.(b) The Environmental Quality Board shall, by regulation, set the term of expiration of permits and licenses appropriate to the category of the permit or license.(c) The Environmental Quality Board shall have the power and its duty shall be to adopt rules and regulations and standards to provide for the coordination of administration and enforcement of this act between the Department of Environmental Protection and county health departments where they exist.(d) The Environmental Quality Board shall have the power and its duty shall be to adopt a Pennsylvania Hazardous Waste Facilities Plan.(e) The Environmental Quality Board shall have the power and its duty shall be to adopt guidelines which shall: (1) Provide for the necessary inspection of hazardous waste treatment and disposal facilities considering the degree of hazard and the quantity of wastes handled.(2) Establish an inspection fee based on the frequency of inspection provided for in paragraph (1).(3) Encourage cooperative agreements between local communities and the hazardous waste facility operators to minimize local concerns regarding the operation of the facility.(f) In addition to exercising its powers and duties under section 1920-A of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929," the Environmental Quality Board shall have the power and its duty shall be to assist in the implementation of the Pennsylvania Hazardous Waste Facilities Plan through the issuance of certificates of public necessity for the establishment of hazardous waste treatment or disposal facilities. Any person prior to applying for a certificate of necessity shall have obtained all permits from the department of the Federal agency authorized to issue such permits in the Commonwealth and shall have implemented all impact assessments and public participation programs. In issuing certificates of public necessity the Environmental Quality Board shall:(1) Prescribe the form and content of applications for a certificate of public necessity to operate a hazardous waste treatment or disposal facility.(2) Require the payment of a fee for the processing of any application for a certificate of public necessity. Fees shall be in an amount sufficient to cover the aggregate cost of reviewing the application and acting on it.(3) Issue such certificates of public necessity for the operation of hazardous waste treatment and disposal facilities as are warranted by: (i) the extent to which the facility is in conformance with the Pennsylvania Hazardous Waste Facilities Plan;(ii) the impact of the proposed facility on adjacent populated areas and areas through which wastes are transported to such facility;(iii) the impact on the borough, township, town or city in which the facility is to be located in terms of health, safety, cost and consistency with local planning; and(iv) the extent to which the proposed facility has been the subject of a public participation program in which citizens have had a meaningful opportunity to participate in evaluation of alternate sites or technologies, development of siting criteria, socioeconomic assessment, and all other phases of the site selection process.(4) Provide the public with opportunities to comment upon the application for certificate of public necessity and consider the comments submitted.(5) Accept applications for certificates of public necessity only from persons or municipalities which have obtained the necessary solid waste treatment or disposal permits from the department or from the Federal agency authorized to issue such permits in the Commonwealth.(g) In carrying out the powers and duties set forth in this subsection, the board may consult with any person and hold any hearings which it deems necessary and proper to enable it to render a decision to issue or deny the certificate of public necessity and in any such hearing the board shall be represented by a minimum of three members.(h) Issuance of a certificate of public necessity under this section shall suspend and supersede any and all local laws which would preclude or prohibit the establishment of a hazardous waste treatment or disposal facility at said site, including zoning ordinances. The suspension and supersession is explicitly extended to any person to whom such certificates issued for the purpose of hazardous waste treatment or disposal, and to the successors and assigns of such person.(i) During all deliberations of the board a representative of the county and township, borough or municipality affected will be invited to participate.(j) Regulations promulgated under this section concerning the generation, transportation, storage, treatment and disposal of hazardous wastes may, to the extent consistent with Federal regulations promulgated under the Resource Conservation and Recovery Act, establish classes of hazardous wastes taking into account the relative availability to the environment of the hazardous constituents in waste materials and the degree of hazard thereby presented.Amended by P.L. TBD 2020 No. 127, § 3, eff. 1/24/2021. 1980 , July 7, P.L. 380, No. 97, § 105, effective in 60 days. Amended 1986, Dec. 12, P.L. 1556, No. 168, § 2, effective in 60 days.