PRINTER'S NO. 2325
No. 1806 Session of 1985
INTRODUCED BY PRATT, GEORGE, FEE, BLAUM AND GRUITZA, OCTOBER 21,
1985
REFERRED TO COMMITTEE ON CONSERVATION, OCTOBER 21, 1985
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," temporarily
18 imposing limitations on the Department of Environmental
19 Resources; further providing for the location of hazardous
20 waste sites; and imposing additional powers and duties on the
21 Attorney General.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The act of July 7, 1980 (P.L.380, No.97), known
25 as the Solid Waste Management Act, is amended by adding a
26 section to read:
27 Section 406. Imposition of temporary limitations.
1 (a) From and after the effective date of this section and
2 until the enactment of subsequent comprehensive legislation
3 dealing with the location and siting of hazardous waste disposal
4 facilities, no new hazardous waste disposal facilities shall be
5 located within this Commonwealth.
6 (b) Notwithstanding any other provisions of law to the
7 contrary, the authority of the Department of Environmental
8 Resources and of the Environmental Quality Board to issue new
9 permits or approve locations for hazardous waste disposal
10 facilities is revoked. The department shall retain the authority
11 to repermit existing permit holders and to enforce all laws and
12 regulations dealing with these existing hazardous waste disposal
13 facilities.
14 (c) Any hazardous waste disposal facility which operates in
15 violation of subsection (a) is hereby declared to be a public
16 nuisance and the operator of such hazardous waste disposal
17 facility shall be subject to a civil penalty of $10,000 per day
18 for each day of operation. In addition, the operator shall be
19 responsible for paying all costs associated with the cleanup of
20 the hazardous waste disposal facility.
21 (d) The Office of Attorney General shall be solely
22 responsible for the enforcement of the provisions of subsection
23 (c).
24 Section 2. This act shall take effect in 60 days.
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