PRINTER'S NO. 349

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 305 Session of 1983


        INTRODUCED BY WACHOB, DUFFY, COY, HALUSKA, PISTELLA, KUKOVICH,
           TRELLO, GALLAGHER, RYBAK, BLAUM, VAN HORNE, MILLER,
           STEIGHNER, MICOZZIE, MORRIS, LETTERMAN, PRESTON, ALDERETTE,
           CLARK, DeLUCA, BALDWIN AND MAIALE, MARCH 14, 1983

        REFERRED TO COMMITTEE ON CONSERVATION, MARCH 14, 1983

                                     AN ACT

     1  Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
     2     act providing for the planning and regulation of solid waste
     3     storage, collection, transportation, processing, treatment,
     4     and disposal; requiring municipalities to submit plans for
     5     municipal waste management systems in their jurisdictions;
     6     authorizing grants to municipalities; providing regulation of
     7     the management of municipal, residual and hazardous waste;
     8     requiring permits for operating hazardous waste and solid
     9     waste storage, processing, treatment, and disposal
    10     facilities; and licenses for transportation of hazardous
    11     waste; imposing duties on persons and municipalities;
    12     granting powers to municipalities; authorizing the
    13     Environmental Quality Board and the Department of
    14     Environmental Resources to adopt rules, regulations,
    15     standards and procedures; granting powers to and imposing
    16     duties upon county health departments; providing remedies;
    17     prescribing penalties; and establishing a fund," providing
    18     for municipal consent or nonconsent to the issuance of
    19     hazardous waste permits or licenses.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  Section 504 of the act of July 7, 1980 (P.L.380,
    23  No.97), known as the Solid Waste Management Act, is amended to
    24  read:
    25  Section 504.  Approval by governing body.


     1     [Applications for a permit shall be reviewed by the
     2  appropriate county, county planning agency or county health
     3  department where they exist and the host municipality, and they
     4  may recommend to the department conditions upon, revisions to,
     5  or disapproval of the permit only if specific cause is
     6  identified. In such case the department shall be required to
     7  publish in the Pennsylvania Bulletin its justification for
     8  overriding the county's recommendations. If the department does
     9  not receive comments within 60 days, the county shall be deemed
    10  to have waived its right to review.] No permit or license for
    11  the disposal of hazardous waste shall be granted without the
    12  written consent or approval of the governing body of the local
    13  municipality in which the proposed disposal site is located.
    14     Section 2.  This act shall take effect immediately.











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