An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in enforcement and remedies, further providing for right of citizen to intervene in proceedings.

PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1121
Session of
2025
INTRODUCED BY COLLETT, SANTARSIERO, KEARNEY, COMITTA, KANE AND
COSTA, DECEMBER 22, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
DECEMBER 22, 2025
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Protection to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," in
enforcement and remedies, further providing for right of
citizen to intervene in proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 615 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended to
read:
Section 615. [Right] Rights of citizen to compel compliance and
intervene in proceedings.
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[Any] (a) In addition to seeking any other remedy available
at law or in equity to a citizen of this Commonwealth against
the department, or a person alleged to be in violation of this
act, any rule or regulation of the department or order of the
department or any term or condition of any permit issued by the
department, if the department fails to carry out a duty of the
department under this act or any regulation, rule, order or
permit issued under this act, a citizen of this Commonwealth
having an interest that is or may be adversely affected has a
right to commence a civil action to compel compliance with this
act or any regulation, rule, order or permit issued under this
act.
(b) An action under subsection (a) may not be commenced if
the department has commenced and is diligently prosecuting a
directly related civil action in a court of the United States or
the Commonwealth to require compliance with this act or any
regulation, rule or order adopted or issued under this act or
permit issued according to this act.
(c) In any action brought under section 604 or 605, any
citizen of this Commonwealth having an interest which is or may
be adversely affected shall have the right on [his] the
citizen's own behalf, without posting bond, to intervene in [any
action brought pursuant to section 604 or 605] the action.
Section 2. This act shall take effect in 60 days.
20250SB1121PN1367 - 2 -
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