Opinion by
This is an appeal by the Department of Environmental Resources (DER) from an adjudication of the Environmental Hearing Board (EHB) concluding that DER lacks statutory authority to compel implementation of a regional solid waste management plan. The plan was adopted by appellees and ap
The underlying facts are as follows: Pursuant to the provisions of Section 5(a) of the Act, 35 P.S. §6005(a), the City of York and other York County municipalities
This litigation arises from the refusal of appellees to implement that portion of the official plan calling for them to delegate, by resolution or ordinance, to the Authority their powers regarding solid waste disposal.
By orders dated on or about March 7, 1975, DER sought to compel appellees to utilize the Hopewell Township site and to otherwise implement the official plan. In proceedings brought by appellees before EHB, it was determined that DER lacked authority to issue such affirmative orders.
Succinctly stated, the issue before us is whether the Pennsylvania Solid Waste, Management Act vests
The Statutory Construction Act
Section 5(a) of the Act requires certain municipalities to submit to DER for approval an “officially adopted plan.” Section 5(f), 35 P.S. §6005 (f), authorizes DER to reject submitted plans and provides for review of such determinations in accordance with the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. §1710.1, et seq. Section 5(i), 35 P.S. §6005 (i), further authorizes DER to compel, by way of actions in mandamus, compliance with Section 5(a). Were municipalities free to simply abandon official plans after DER approval, these provisions would be reduced to an elaborate and expensive charade, and comprehensive planning of the type contemplated by the Legislature would be fruit
We are able to find clear support for DER’s orders in two additional sections of the Pennsylvania Solid Waste Management Act. Section 10(a), 35 P.S. §6010(a), states:
“(a) Each municipality with a population density of three hundred or more inhabitants per square mile shall be responsible for . . . implementing their approved plan . . . .”
This provision is given substance by Section 6(9), 35 P.S. §6006(9), which states:
“The department (DER) shall have the power and its duty shall be to :
“(9) Issue such permits and orders ... as may be necessary to implement the provisions of this act....”
We read these sections together and in light of the' avowed purposes of the Act as vesting in DER the power to compel municipalities to meet their responsibility to implement their DER approved plans. No other construction is possible lest we dimim’sh the concept of comprehensive planning of solid waste disposal and its implementation, as expressed in the Pennsylvania Solid Waste Management Act, to an exercise in legislative futility.
Order
Now, October 20, 1976, the order of the Environmental Hearing Board is hereby reversed and the proceedings are remanded to the Board for further proceedings on other issues raised before it by the appellees in their appeal to the Board.
Only the City of York, York Township, Jacobus Borough and Wrightsville Borough appeared in this proceeding.
Hallam Borough has done so by contract.
Appellees could have sought DEB approval of a revision of their plan but have not done so. Section 5(a) of Pennsylvania Solid Waste Management Act, 35 P.S. §6005(a).
Statutory Construction Act of 1972, 1 Pa. C.S. §1928(c).
