PRINTER'S NO. 2775
No. 2138 Session of 1988
INTRODUCED BY G. SNYDER, BORTNER, DORR, PHILLIPS, SCHULER,
HALUSKA, J. L. WRIGHT, DISTLER, FOSTER, HECKLER, SAURMAN,
FOX, GEIST, NOYE, SCHEETZ, TRELLO, MORRIS, REINARD, B. SMITH,
BELARDI AND HESS, FEBRUARY 1, 1988
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 1, 1988
AN ACT
1 Providing for community programs for the collection and disposal
2 of small quantities of hazardous waste.
3 The General Assembly finds that many hazardous materials are
4 in the possession of and commonly used by homeowners, farmers,
5 educational institutions and small businesses and are being
6 disposed of in a manner which can threaten human health and
7 safety or the environment because of the lack of public
8 awareness of the hazards associated with such materials and
9 because of the lack of adequate means, methods and facilities
10 for proper disposal. The purpose of this act is to encourage
11 municipalities, private citizens and private organizations to
12 develop, implement or continue existing community programs for
13 the collection and disposal of community hazardous waste, to
14 encourage community participation in hazardous waste collection
15 activities and to educate the public regarding the hazardous
16 nature of many commonly used materials.
17 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short title.
3 This act shall be known and may be cited as the Community
4 Waste Collection Law.
5 Section 2. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Community." A municipality or group of municipalities.
10 "Owner." The possessor of a fee interest; a tenant, lessee,
11 occupant, or person in control; or the Commonwealth, its
12 agencies and its political subdivisions.
13 "Small business." Any commercial establishment not regulated
14 under the Resource Conservation and Recovery Act of 1976 (Public
15 Law 94-580, 42 U.S.C. § 6901 et seq.).
16 "Sponsoring entity." A municipality, a group of
17 municipalities, a nonprofit organization, a nonprofit
18 association or a volunteer organization.
19 Section 3. Waste collection programs.
20 Any sponsoring entity may conduct a nonprofit community
21 hazardous waste collection program for the purpose of collecting
22 small quantities of hazardous household waste and encouraging
23 residents, homeowners and small businesses to properly dispose
24 of small quantities of hazardous household waste. These programs
25 may be conducted at such times and at such places as the
26 sponsoring entity determines would best encourage proper
27 disposal of waste, would demonstrate environmentally sound
28 disposal procedures and would provide the best educational value
29 to the community.
30 Section 4. Collection.
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1 (a) Receptacles.--Materials collected under the program
2 shall be deposited in a receptacle provided by a transporter
3 licensed under applicable Federal and State statutes and
4 regulations for the handling and transportation of hazardous
5 waste.
6 (b) Collection events.--Collection events shall be scheduled
7 for not more than seven consecutive days, and no waste shall
8 remain at the collection site for more than 24 hours following
9 the event. Collection receptacles shall be removed by the
10 transporter within 24 hours following the conclusion of the
11 collection event.
12 Section 5. Sites.
13 Collection events may be conducted on sites selected by the
14 sponsoring entity or entities. Such sites may be on public or
15 private property, including, but not limited to, property owned,
16 leased or controlled by the Commonwealth, its agencies or its
17 political subdivisions. Written permission to use the site for
18 the conduct of the event shall be obtained from the owner prior
19 to the event.
20 Section 6. Liability.
21 In order to encourage the establishment of programs for the
22 education of the public and for the proper disposal of household
23 hazardous waste, an owner who, without charge, permits any
24 property to be used as a site for a collection event shall not
25 be liable for any damage, harm or injury to any person or
26 property which results from the use of the property as a site
27 for a collection event.
28 Section 7. Effective date.
29 This act shall take effect immediately.
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