PRIOR PRINTER'S NOS. 1437, 2407 PRINTER'S NO. 3391
No. 1298 Session of 1993
INTRODUCED BY GERLACH, SCHEETZ, SURRA, MILLER, CESSAR, HECKLER,
HARLEY, SERAFINI, MARSICO, E. Z. TAYLOR AND TOMLINSON,
APRIL 21, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 22, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, regulating source-separated recyclable materials
3 transported within this Commonwealth; AND PROVIDING FOR <--
4 TRANSPORTATION OF WASTE.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4903(c.1) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended and the section is amended by
9 adding a subsection to read:
10 § 4903. Securing loads in vehicles.
11 * * *
12 (c.1) Load of loose garbage.--Every load of loose, nonbaled
13 garbage, waste, refuse or rubbish being transported through or
14 within this Commonwealth shall be transported in a vehicle with
15 four solid sides and with a cover or top of a type to prevent
16 any of the load from escaping. The cover or top shall remain
17 tightly in place going to a disposal site. The load shall be no
18 higher than the solid sides of the vehicle. It is imperative
1 that all garbage, waste, refuse or rubbish be removed from the
2 vehicle at the disposal site to prevent any scattering of litter
3 on the highway during the return trip. No truck, trailer or
4 semitrailer with an open body or stake body shall be used for
5 such purposes. This subsection shall not apply to vehicles
6 engaged in the systematic collection of garbage, recyclable
7 materials or refuse and which are designed to be open [in the
8 rear for the loading of garbage or refuse] for the loading of
9 garbage, refuse or recyclable materials.
10 * * *
11 (h) Definition.--As used in this section, the term "waste"
12 shall include source-separated recyclable materials which are
13 separated from municipal waste at the point of origin and
14 transported through or within this Commonwealth.
15 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
16 § 4910. TRANSPORTATION OF WASTE.
17 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR ANY PERSON WHO
18 TRANSPORTS LOOSE, NONBALED GARBAGE, WASTE, REFUSE OR RUBBISH TO
19 A FACILITY PERMITTED UNDER THE ACT OF JULY 7, 1980 (P.L.380,
20 NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT, OR THE ACT OF
21 JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE
22 PLANNING, RECYCLING AND WASTE REDUCTION ACT, TO FAIL TO CARRY
23 THE RECORDS DEFINED BY THE REGULATION REQUIRED BY THE ABOVE ACTS
24 WHICH SHALL INCLUDE TIMES, DESTINATIONS, WASTE CARRIED, CAPACITY
25 AND LOCATION OF THE STATE AND COUNTY WHERE THE WASTE WAS
26 ORIGINALLY COLLECTED. THIS SECTION SHALL APPLY ONLY TO THOSE
27 PERSONS COMPENSATED FOR TRANSPORTATION OF LOOSE, NONBALED
28 GARBAGE, WASTE, REFUSE OR RUBBISH.
29 (B) CRIMINAL PENALTIES.--
30 (1) ANY PERSON, OTHER THAN A MUNICIPAL OFFICIAL
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1 EXERCISING HIS OFFICIAL DUTIES, WHO VIOLATES THIS SECTION OR
2 ANY REGULATION PROMULGATED HEREUNDER COMMITS A SUMMARY
3 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
4 FINE OF NOT LESS THAN $100 NOR MORE THAN $1,000 AND COSTS
5 AND, IN DEFAULT OF THE PAYMENT OF SUCH FINE AND COSTS, TO
6 UNDERGO IMPRISONMENT FOR NOT MORE THAN 30 DAYS.
7 (2) ANY PERSON, OTHER THAN A MUNICIPAL OFFICIAL
8 EXERCISING HIS OFFICIAL DUTIES, WHO, WITHIN TWO YEARS AFTER A
9 CONVICTION UNDER PARAGRAPH (1), VIOLATES THIS SECTION OR ANY
10 REGULATION PROMULGATED HEREUNDER COMMITS A MISDEMEANOR OF THE
11 THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
12 A FINE OF NOT LESS THAN $1,000 NOR MORE THAN $10,000 PER DAY
13 FOR EACH VIOLATION OR TO IMPRISONMENT FOR A PERIOD OF NOT
14 MORE THAN ONE YEAR, OR BOTH.
15 (3) EACH VIOLATION FOR EACH SEPARATE DAY AND EACH
16 VIOLATION OF THIS SECTION OR ANY REGULATION PROMULGATED
17 HEREUNDER SHALL CONSTITUTE A SEPARATE OFFENSE UNDER
18 PARAGRAPHS (1) AND (2).
19 (C) LIENS AND FINES.--
20 (1) ALL FINES, FEES, INTEREST AND PENALTIES AND ANY
21 OTHER ASSESSMENTS SHALL BE COLLECTIBLE IN ANY MANNER PROVIDED
22 BY LAW FOR THE COLLECTION OF DEBTS. IF THE PERSON LIABLE TO
23 PAY ANY AMOUNT NEGLECTS OR REFUSES TO PAY THE SAME AFTER
24 DEMAND, THE AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT
25 MAY ACCRUE, SHALL BE A JUDGMENT IN FAVOR OF THE COMMONWEALTH
26 UPON THE PROPERTY OF SUCH PERSON, BUT ONLY AFTER SAME HAS
27 BEEN ENTERED AND DOCKETED OF RECORD BY THE PROTHONOTARY OF
28 THE COUNTY WHERE SUCH PROPERTY IS SITUATED. THE COMMONWEALTH
29 MAY AT ANY TIME TRANSMIT TO THE PROTHONOTARIES OF THE
30 RESPECTIVE COUNTIES CERTIFIED COPIES OF ALL SUCH JUDGMENTS,
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1 AND IT SHALL BE THE DUTY OF EACH PROTHONOTARY TO ENTER AND
2 DOCKET THE SAME OF RECORD IN HIS OFFICE, AND TO INDEX THE
3 SAME AS JUDGMENTS ARE INDEXED, WITHOUT REQUIRING THE PAYMENT
4 OF COSTS AS A CONDITION PRECEDENT TO THE ENTRY THEREOF.
5 (2) FIFTY PERCENT OF THE FINES COLLECTED UNDER THIS
6 SECTION SHALL BE PAID INTO THE SOLID WASTE ABATEMENT FUND AND
7 50% SHALL BE PAID TO THE MUNICIPALITY TO WHICH THE LOOSE,
8 NONBALED GARBAGE, WASTE, REFUSE OR RUBBISH WAS BEING
9 TRANSPORTED.
10 Section 2 3. This act shall take effect in 60 days. <--
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