PRINTER'S NO. 1221
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1153
Session of
2023
INTRODUCED BY SCOTT, HILL-EVANS, PARKER, MADDEN, SOLOMON,
PROBST, SANCHEZ, DELLOSO AND NEILSON, MAY 18, 2023
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 18, 2023
AN ACT
Providing for disposal of waste tires, trash and debris, for
rules and regulations and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Disposal of
Waste Tires, Trash and Debris Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Disposal." The dumping, spilling or placing of whole used
or waste tires into or on the land or water in a manner that the
tires or a constituent of the tires enters the environment.
"Municipality." A city of the second class, a city of the
third class, a borough, or a home rule municipality that is a
city or a borough.
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"Short dumping." Activity by which an owner or operator, or
an agent of the owner or operator, of a trash, garbage or debris
collection vehicle, including private automobiles and small
trucks or any other type of vehicle used to collect or transport
trash, garbage or debris, knowingly causes to be deposited or
deposits the vehicle's load, or any part of the load, on any
road, street, highway, alley or railroad right-of-way, on the
land of another or into the waters of this Commonwealth.
"Waste tire." A tire that is no longer used for the purpose
for which it was originally intended. The term includes a tire
that has been discarded by an owner or user, and is not resold
for use or recycled, though the tire may have some remaining
useful life. A tire becomes a waste tire when it is discarded by
an owner or user and is not resold for use or recycled.
"Waste tire recycling facility." As defined in section 104
of the act of December 19, 1996 (P.L.1478, No.190), entitled "An
act relating to the recycling and reuse of waste tires;
providing for the proper disposal of waste tires and the cleanup
of stockpiled tires; authorizing investment tax credits for
utilizing waste tires; providing remediation grants for the
cleanup of tire piles and for pollution prevention programs for
small business and households; establishing the Small Business
and Household Pollution Prevention Program and management
standards for small business hazardous waste; providing for a
household hazardous waste program and for grant programs; making
appropriations; and making repeals."
Section 3. Enforcement of trash laws.
(a) General rule.--Notwithstanding any contrary provision of
the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act, a
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municipality pursuant to that act may enforce ordinances, rules
and regulations relating to:
(1) short dumping by the imposition of a fine or penalty
of not more than $5,000, and by the forfeiture of any
property, including any vehicle, used to violate the act,
regardless of the value of the property; and
(2) disposal of waste tires by the imposition of a fine
or penalty of not more than $500 per tire.
(b) Suspension of operating privileges.--A municipality that
imposes a fine or penalty against a person under subsection (a)
(1) shall notify the Department of Transportation. On receipt of
the notification, the Department of Transportation shall suspend
the operating privileges of the person granted under 75 Pa.C.S.
(relating to vehicles) for a period of six months.
(c) Records to be retained by businesses that dispose of
waste tires.--A business entity in a municipality that accepts
used tires for disposal shall maintain a list of how many tires
the business entity accepted and retain proof of disposal in the
form of a receipt from an authorized waste tire recycling
facility, as evidence of proper disposal of any tires accepted
by the business entity. The business entity shall maintain all
records for a minimum of five years and make the records
available to the municipality at the municipality's request. The
business entity shall retain the records electronically.
(d) Record review.--A municipality may review the records of
a business entity that accepts waste tires for disposal. The
municipality may request that the business entity submit a copy
of the business entity's records electronically or provide the
municipality with a hard copy of the records as proof that the
business entity complied with this act through the proper
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disposal of all waste tires received by the business entity.
(e) Appeal.--A business entity fined by a municipality under
this section shall have the right to appeal a fine levied by the
municipality to the court of common pleas.
(f) Waste tire enforcement.--A municipality that imposes a
fine or penalty under subsection (a)(2) shall utilize the money
collected to:
(1) encourage recycling;
(2) expand waste tire disposal programs within a
municipality in accordance with Chapter 1 of the act of
December 19, 1996 (P.L.1478, No.190), known as the Waste Tire
Recycling Act; and
(3) enforce compliance with this act.
Section 4. Effective date.
This act shall take effect in 120 days.
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