Section 6020.304 - Host municipality incentives and guarantees(a) Information required.--(1) The department shall provide all of the following information to the governing body of host municipalities for a commercial hazardous waste storage, treatment or disposal facility permitted by the department under the Solid Waste Management Act, and located within that municipality:(i) Copies of each department inspection report for the facility under the Solid Waste Management Act, the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law, the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act, and the act of November 26, 1978 (P.L. 1375, No. 325), known as the Dam Safety and Encroachments Act, within five working days after the preparation of the reports.(ii) Prompt notification of all department enforcement or emergency actions for facilities, including, but not limited to, abatement orders, cessation orders, proposed and final civil penalty assessments and notices of violation.(iii) Copies of all air and water quality monitoring data on samples collected by the department at facilities, within five working days after complete laboratory analysis of the data becomes available to the department.(2) An operator of a commercial hazardous waste storage, treatment or disposal facility shall provide to the host municipality copies of all air and water quality monitoring data for the facility conducted by or on behalf of the operator under State or Federal statutes or regulations, within five days after the data becomes available to the operator.(3) All information provided to the host municipality shall be made available by the host municipality to the public for review upon request.(b) Inspection of facilities.--(1) The department shall establish and conduct a training program to certify host municipality inspectors for commercial hazardous waste storage, treatment or disposal facilities. No more than two persons from each host municipality shall be eligible for the program. Each host municipality shall inform the department, in writing, of the persons it has designated to participate in the training program. The department shall hold training sessions at least twice a year. The department shall certify host municipality inspectors upon completion of the training program and satisfactory performance in an examination administered by the department.(2) Certified municipal inspectors shall be authorized to enter property, inspect records, take samples and conduct inspections. Certified municipal inspectors may not issue orders. Upon the completion of an inspection, certified municipal inspectors shall transmit all findings from the inspection to the department. The department shall notify certified municipal inspectors of regular inspections of permitted facilities within their jurisdiction and shall provide opportunity for the inspectors to accompany department inspectors on inspections.(3) Repealed. 1996, July 11, P.L. 619, No. 105,§ 7(a), imd. effective.(4) The department shall promptly inspect a facility when a host municipality presents information to the department which gives the department reason to believe that a commercial hazardous waste storage, treatment or disposal facility is in violation of any requirement of The Clean Streams Law, the Air Pollution Control Act, the Dam Safety and Encroachments Act, the Solid Waste Management Act or this act; a regulation promulgated under these statutes; or the condition of a permit issued under these statutes.(i) The department shall notify the host municipality of this inspection and shall permit a certified municipal inspector from the host municipality to accompany the department inspector during the inspection.(ii) When the department determines that there is not sufficient information to give the department reason to believe that a violation is occurring or has occurred, the department shall provide a written explanation to the host municipality of its decision not to conduct an inspection within 30 days of the request for inspection.(iii) Host municipalities may appeal the department's decision not to conduct a requested inspection to the Environmental Hearing Board. When the Environmental Hearing Board determines that failure to perform a requested inspection may be detrimental to public health and safety, it shall order the department to perform the requested inspection.(c) Water sampling and analysis.--(1) Upon written request from persons owning property within 2,500 feet of a commercial hazardous waste storage, treatment or disposal facility, the operator of the facility shall have quarterly sampling and analysis conducted of private water supplies used by those persons for drinking water. Sampling and analysis shall be conducted by a laboratory certified pursuant to the act of May 1, 1984 (P.L. 206, No. 43) , known as the Pennsylvania Safe Drinking Water Act. The laboratory shall be chosen by the landowners from a list of regional laboratories supplied by the department. Sampling and analysis shall be at the expense of the facility operator.(2) The laboratory performing sampling and analysis shall provide written copies of sample results to the landowner, the operator and the department.(3) When the analysis indicates possible contamination from a facility, the department shall either conduct, or require the operator to have the laboratory conduct, additional sampling and analysis to determine more precisely the nature, extent and source of contamination.(4) Within 60 days from the effective date of this section, the operator of a commercial hazardous waste storage, treatment or disposal facility shall provide written notice to landowners within 2,500 feet of the facility of their rights under this section on a form prepared by the department. Landowners who rent or lease property within 2,500 feet of the facility shall provide written notice to tenants of the availability of this water testing program. Upon the request of a tenant to a landowner, the landowner shall be required to request quarterly water sampling and analysis under paragraph (1).(d) Financial assistance.--(1) The department shall reimburse host municipalities for costs incurred by host municipalities for professional technical review of a permit application under the Solid Waste Management Act for a commercial hazardous waste disposal facility or for a permit modification that would result in additional capacity for the facility. The reimbursement shall not exceed $50,000 per complete application.(2) The department may reimburse a county for costs incurred by a county's planning board or commission for professional technical planning and review for the potential siting of new commercial hazardous waste disposal facilities in the county. The reimbursement shall not exceed $50,000 per county. 1988 , Oct. 18, P.L. 756, No. 108, § 304, effective in 60 days. Affected 1996, July 11, P.L. 619, No. 105, § 7(a), imd. effective.