SENATE AMENDED PRIOR PRINTER'S NOS. 2385, 2773, 2822, PRINTER'S NO. 4201 2926, 3708
No. 1929 Session of 1995
INTRODUCED BY ARGALL, PETRONE, BATTISTO, CARONE, HARHART, PLATTS, HUTCHINSON, DeLUCA, LYNCH, MIHALICH, SATHER, BAKER, HERSHEY, HERMAN, DEMPSEY, JAROLIN, GODSHALL, MUNDY, FARGO, NAILOR, PETTIT, M. N. WRIGHT, LEVDANSKY, YOUNGBLOOD, BELARDI, BARD, SAYLOR, MANDERINO, COY, TRELLO, WAUGH, STURLA, RAYMOND, WOGAN, LAUGHLIN, D. W. SNYDER, MELIO, L. I. COHEN, MERRY, ALLEN, GAMBLE, EGOLF, STEELMAN, CIVERA, PISTELLA, SERAFINI AND McGEEHAN, JUNE 29, 1995
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, NOVEMBER 12, 1996
AN ACT 1 Relating to the recycling and reuse of waste tires; providing 2 for the proper disposal of waste tires and the cleanup of 3 stockpiled tires; authorizing investment tax credits for 4 utilizing waste tires; providing remediation grants for the 5 cleanup of tire piles; and providing for demonstration road <-- 6 projects. AND FOR POLLUTION PREVENTION PROGRAMS FOR SMALL <-- 7 BUSINESS AND HOUSEHOLDS; ESTABLISHING THE SMALL BUSINESS AND 8 HOUSEHOLD POLLUTION PREVENTION PROGRAM AND MANAGEMENT 9 STANDARDS FOR SMALL BUSINESS HAZARDOUS WASTE; PROVIDING FOR A 10 HOUSEHOLD HAZARDOUS WASTE PROGRAM AND FOR GRANT PROGRAMS; 11 MAKING APPROPRIATIONS; AND MAKING REPEALS. 12 TABLE OF CONTENTS 13 Section 1. Short title. <-- 14 Section 2. Legislative findings. 15 Section 3. Purpose. 16 Section 4. Definitions. 17 Section 5. Powers and duties of department. 18 Section 6. Disposal of whole waste tires.
1 Section 7. Priority enforcement list. 2 Section 8. Penalties. 3 Section 9. Investment tax credits for equipment for 4 reducing, reusing or recycling whole used 5 or waste tires. 6 Section 10. Funds. 7 Section 11. Remediation grants. 8 Section 12. Report to General Assembly. 9 Section 13. Commonwealth recycling and use of waste tires. 10 Section 14. Demonstration projects. 11 Section 15. Effective date. 12 CHAPTER 1. WASTE TIRE RECYCLING <-- 13 SECTION 101. SHORT TITLE OF CHAPTER. 14 SECTION 102. LEGISLATIVE FINDINGS. 15 SECTION 103. PURPOSE. 16 SECTION 104. DEFINITIONS. 17 SECTION 105. POWERS AND DUTIES OF DEPARTMENT. 18 SECTION 106. DISPOSAL OF WHOLE WASTE TIRES. 19 SECTION 107. PRIORITY ENFORCEMENT LIST. 20 SECTION 108. PENALTIES. 21 SECTION 109. INVESTMENT TAX CREDITS FOR EQUIPMENT FOR 22 REDUCING, REUSING OR RECYCLING WHOLE USED 23 OR WASTE TIRES. 24 SECTION 110. FUNDS. 25 SECTION 111. REMEDIATION GRANTS. 26 SECTION 112. REPORT TO GENERAL ASSEMBLY. 27 SECTION 113. COMMONWEALTH RECYCLING AND USE OF WASTE TIRES. 28 SECTION 114. DEMONSTRATION PROJECTS. <-- 29 CHAPTER 2. SMALL BUSINESS AND HOUSEHOLD 30 POLLUTION PREVENTION PROGRAM 19950H1929B4201 - 2 -
1 SECTION 201. SHORT TITLE OF CHAPTER. 2 SECTION 202. LEGISLATIVE FINDINGS. 3 SECTION 203. DEFINITIONS. 4 SECTION 204. SMALL BUSINESS AND HOUSEHOLD POLLUTION 5 PREVENTION PROGRAM. 6 SECTION 205. SMALL BUSINESS HAZARDOUS WASTE 7 COLLECTION PROGRAM. 8 SECTION 206. HOUSEHOLD HAZARDOUS WASTE COLLECTION 9 PROGRAM. 10 SECTION 207. MANAGEMENT OF SMALL BUSINESS HAZARDOUS WASTE. 11 SECTION 208. GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION 12 PREVENTION PROGRAMS. 13 SECTION 209. GRANTS FOR COLLECTION EVENTS. 14 CHAPTER 3. MISCELLANEOUS PROVISIONS 15 SECTION 301. REPEALS. 16 SECTION 302. EFFECTIVE DATE. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 CHAPTER 1 <-- 20 WASTE TIRE RECYCLING 21 Section 1. Short title. <-- 22 SECTION 101. SHORT TITLE OF CHAPTER. <-- 23 This act CHAPTER shall be known and may be cited as the Waste <-- 24 Tire Recycling Act. 25 Section 2 102. Legislative findings. <-- 26 The General Assembly finds and declares as follows: 27 (1) An estimated 36,000,000 waste tires are stockpiled 28 in Pennsylvania. 29 (2) Waste tires and stockpiled tires continue to be an 30 environmental threat to this Commonwealth. 19950H1929B4201 - 3 -
1 (3) Approximately 12,000,000 waste tires are generated 2 in Pennsylvania each year. 3 (4) Stockpiled tires create environmental hazards such 4 as tire fires and heavy mosquito infestations. 5 (5) Landfilled whole tires and tire piles use valuable 6 and productive land space. 7 (6) Financial incentives need to be created to help 8 stimulate waste tire markets. 9 Section 3 103. Purpose. <-- 10 It is the purpose of this act: 11 (1) To ensure that whole used and waste tires are 12 collected and put to beneficial use or properly disposed. 13 (2) To provide for the abatement of whole used and waste 14 tire dumps and their associated threats to public health and 15 welfare. 16 (3) To encourage qualified investments by private 17 companies to rehabilitate, expand or improve manufacturing 18 processes, facilities, buildings and land to promote the use 19 and recycling of waste tires. 20 (4) To reuse the current supply of waste tires generated 21 each year in this Commonwealth. 22 Section 4 104. Definitions. <-- 23 The following words and phrases when used in this act CHAPTER <-- 24 shall have the meanings given to them in this section unless the 25 context clearly indicates otherwise: 26 "Commonwealth agency." The Commonwealth and its departments, 27 boards, commissions and agencies, Commonwealth-owned 28 universities and the State Public School Building Authority and 29 any other authority now in existence or hereafter created or 30 organized by the Commonwealth. 19950H1929B4201 - 4 -
1 "Department." The Department of Environmental Protection of
2 the Commonwealth.
3 "Disposal." The dumping, spilling or placing of whole used
4 or waste tires into or on the land or water in a manner that the
5 tires or a constituent of the tires enters the environment.
6 "Landfill." A facility using land for disposing of solid
7 waste.
8 "Person." Any individual, partnership, corporation,
9 association, institution, cooperative enterprise, municipal
10 authority, Federal Government or agency, State institution and
11 agency, including, but not limited to, the Department of General
12 Services and the State Public School Building Authority, or any
13 other legal entity whatsoever which is recognized by law as the
14 subject of rights and duties. In any provisions of this act
15 prescribing a fine, imprisonment or penalty, or any combination
16 of the foregoing, the term "person" shall include the officers
17 and directors of any corporation or other legal entity having
18 officers and directors.
19 "Priority site." Any site designated by the Department of
20 Environmental Protection to contain more than 10,000 stockpiled
21 tires.
22 "Recycling." The systematic collection, sorting, cleaning
23 and returning of waste tires to commerce for use as commodities.
24 "Waste reduction, reuse or recycling equipment." Machinery,
25 equipment or facility modification designed to process or
26 convert waste tires into a beneficial product or productive use.
27 "Waste tire." A tire that will no longer be used for the
28 purpose for which it was originally intended.
29 Section 5 105. Powers and duties of department. <--
30 The department shall have the power and its duty shall be to:
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1 (1) Administer the whole used or waste tire management
2 program pursuant to the provisions of this act.
3 (2) Consult with the Department of Revenue concerning
4 matters of tax credit disbursements.
5 (3) Cooperate with local units of government and
6 appropriate private businesses in carrying out the duties of
7 this act.
8 (4) Regulate the disposal of waste tires.
9 Section 6 106. Disposal of whole waste tires. <--
10 (a) Landfill disposal prohibited.--No person shall knowingly
11 mix any whole used or waste tires with solid waste for disposal.
12 Owners or operators of landfills shall not accept whole used or
13 waste tires for disposal. Nothing in this section shall prohibit
14 the disposal at landfills of occasional whole used or waste
15 tires unknowingly and inadvertently mixed with solid waste.
16 (b) Exceptions.--Landfills may accept whole tires when:
17 (1) the landfill provides for shredding, chopping or
18 splitting of whole used or waste tires prior to disposal, <--
19 EXCEPT THAT SUCH SHREDDING, CHOPPING OR SPLITTING SHALL NOT
20 BE REQUIRED WHEN IT IS NOT FEASIBLE DUE TO THE CONDITION OF
21 THE WASTE TIRES;
22 (2) the landfill uses the whole used or waste tires for
23 alternative uses, which may include onsite uses such as
24 lining of roadways with waste tires, use in landfill
25 construction as liner protection, alternative daily landfill
26 cover, use in a landfill leachate collection system or as
27 otherwise provided for by regulation; or
28 (3) the landfill makes available the whole used or waste
29 tires to an appropriate facility for reuse, recycling or use
30 as an alternative fuel source.
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1 (c) Municipal waste landfills.--Municipal waste landfills <-- 2 shall be prohibited from accepting whole used or waste tires or 3 tires that have been shredded, chopped or split except to 4 implement the provisions of subsection (b)(2) and (3). 5 (d) Municipal and residual waste landfills.--The department 6 shall not approve applications for permit modifications for 7 municipal or residual waste landfills that propose to accept and 8 dispose of any hazardous waste. 9 (e) (C) Written management plan.--Landfills that accept <-- 10 whole used or waste tires shall prepare and implement a written 11 plan that addresses the management of waste tires. The plan 12 shall, at a minimum, consist of the following: 13 (1) Procedures for notifying transporters of solid waste 14 to the landfill of the existence and purpose of the waste 15 tire management program. 16 (2) Procedures for distributing information regarding 17 alternative management methods for waste tires or processed 18 tires. 19 (f) (D) Notice to department.--Landfills that transfer whole <-- 20 used or waste tires to an appropriate facility for reuse, 21 recycling or processing or as an alternative fuel source shall 22 submit an annual report to the department. Notification shall 23 include information regarding the following: 24 (1) The name and address of the facility owner and 25 operator to which waste tires are transferred. 26 (2) The name, address and location of the facility. 27 (3) The type of operation using the whole used or waste 28 tires. 29 (4) The dates of shipments or transfers. 30 (5) The number of whole used and waste tires or the 19950H1929B4201 - 7 -
1 volume or weight of processed tires transferred. 2 Section 7 107. Priority enforcement list. <-- 3 (a) Development of list of waste tire sites.--Within 90 days 4 of the effective date of this act, the department shall identify 5 and develop a Statewide list of waste tire sites with more than 6 10,000 waste tires known or estimated to be stockpiled. The 7 department shall rank the waste tire sites according to their 8 potential for creating environmental health and safety hazards 9 and designate these sites as priority sites to those facilities 10 requesting tax investment credits under section 9 109. <-- 11 (b) Maintenance of updated list.--The department shall 12 review and update the priority enforcement list every two years. 13 (c) Municipal notification.--For the purposes of section 12, 14 the department shall notify in writing the counties and 15 municipalities of the waste tire sites selected to be listed on 16 the priority enforcement list that are located within their 17 borders. 18 Section 8 108. Penalties. <-- 19 (a) Penalty for first violation.--For the first violation, a 20 person commits a summary offense and shall, upon conviction, be 21 sentenced to pay a fine of not less than $100 and not more than 22 $1,000 per violation, or be subject to imprisonment for not more 23 than 30 days, or both. 24 (b) Additional penalty for subsequent violations.--For the 25 second and any subsequent violations, a person commits a 26 misdemeanor of the third degree and shall, upon conviction, be 27 sentenced to pay a fine of not less than $1,000 and not more 28 than $5,000 per violation, or be subject to imprisonment for not 29 more than 90 days, or both. 30 Section 9 109. Investment tax credits for equipment for <-- 19950H1929B4201 - 8 -
1 reducing, reusing or recycling whole used or 2 waste tires. 3 (a) Equipment purchase, retrofitting or expansion of 4 facilities tax credit.--Beginning with tax years beginning on or 5 after January 1, 1996 1997, every taxpayer engaged in the <-- 6 business of reducing, reusing or recycling whole used or waste 7 tires that purchases waste reduction, reuse or recycling 8 equipment or retrofits existing facilities for the purpose of 9 reducing the number of whole used or waste tires or reusing or 10 recycling whole used or waste tires or makes a qualified 11 investment to rehabilitate, expand or improve buildings for the 12 purpose of reducing, reusing or recycling whole used or waste 13 tires for which an end market exists shall receive an investment 14 tax credit equal to 30% of the cost of the waste reduction, 15 reuse or recycling equipment or infrastructure investments. The 16 credit may be claimed against any tax due under Article III, IV 17 or VI of the act of March 4, 1971 (P.L.6, No.2), known as the 18 Tax Reform Code of 1971, for the tax year during which the cost 19 was incurred. 20 (b) New business tax credit.--Beginning with tax years <-- 21 beginning on or after January 1, 1996, every new business 22 created for the purpose of reducing, reusing or recycling whole 23 used or waste tires which purchases waste reduction, reuse or 24 recycling equipment or makes qualified infrastructure 25 investments for the purposes of waste tire reduction, reuse or 26 recycling for which an end market exists shall receive an 27 investment tax credit equal to 5% of the cost of the waste 28 reduction, reuse or recycling equipment or infrastructure 29 investments. The credit may be claimed against any tax due under 30 Article III, IV or VI of the Tax Reform Code of 1971 for the tax 19950H1929B4201 - 9 -
1 year during which the cost was incurred. 2 (c) (B) Certification from department required.--To claim <-- 3 credit under this section, a taxpayer must obtain certification 4 from the department certifying to the Department of Revenue all 5 of the following: 6 (1) The taxpayer is engaged in the business of reducing, 7 reusing or recycling whole used or waste tires. 8 (2) The equipment purchased or infrastructure investment 9 is for the purpose of whole used or waste tire reduction, 10 reuse or recycling. 11 (3) The taxpayer engaged in the business of whole used 12 or waste tire reduction, reuse or recycling must demonstrate 13 that at least 10% of the whole used or waste tires processed 14 each year were collected from priority tire sites as 15 identified by the department. 16 (4) THE AMOUNT OF TAX CREDIT AVAILABLE TO THE TAXPAYER. <-- 17 (d) (C) Continuing tax credits.--For the years following the <-- 18 first year a taxpayer or business receives an investment tax 19 credit under subsection (a) or (b), an investment tax credit of <-- 20 10% of the cost of the waste reduction, reuse or recycling 21 equipment or infrastructure investments shall be allowed for 22 each year in which a taxpayer engaged in the business of whole 23 used or waste tire reduction, reuse or recycling demonstrates at 24 least 25% of the waste tires processed were collected from 25 priority tire sites as designated by the department. 26 (e) (D) Limitation.--The dollar amount made available <-- 27 through the Department of Revenue in each calendar year for tax 28 credits shall not exceed $2,000,000. 29 (E) GENERAL FUND REIMBURSEMENT.--AN AMOUNT EQUAL TO THE TAX <-- 30 CREDITS CLAIMED UNDER THIS SECTION SHALL BE TRANSFERRED FROM THE 19950H1929B4201 - 10 -
1 RECYCLING FUND CREATED BY SECTION 706 OF THE ACT OF JULY 28, 2 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 3 RECYCLING AND WASTE REDUCTION ACT, TO THE GENERAL FUND. 4 (f) (E) (F) Determination of distribution.--If the requests <-- 5 for tax investment credits under subsection (a) or (b) exceeds <-- 6 $2,000,000 during any calendar year, the department shall 7 determine which taxpayers engaged in the business of whole used 8 or waste tire reduction, reuse or recycling shall receive the 9 investment tax credits. 10 (g) (F) (G) Sunset.--The investment tax credits under <-- 11 subsection (a) or (b) shall expire within three years of the <-- 12 effective date of this act. NO INVESTMENT TAX CREDIT UNDER THIS <-- 13 ACT MAY BE CLAIMED AFTER JANUARY 1, 2000. 14 (h) (G) (H) Computation to exclude certain costs.--The cost <-- 15 of feasibility studies or equipment used to service the waste 16 reduction, reuse or recycling equipment shall not be used to 17 compute tax credits. 18 Section 10 110. Funds. <-- 19 (a) Establishment of restricted account.--There is hereby 20 established in the General Fund a restricted account to be known 21 as the Used Tire Pile Remediation Restricted Account. This 22 account shall receive up to $1,000,000, transferred upon 23 approval of the Governor, on an annual basis for a period not to 24 exceed five consecutive years from the Hazardous Sites Cleanup <-- 25 Fund established under section 901 of the act of October 18, 26 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup 27 Act. RECYCLING FUND CREATED BY SECTION 706 OF THE ACT OF JULY <-- 28 28, 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE 29 PLANNING, RECYCLING AND WASTE REDUCTION ACT. 30 (b) Appropriation of fund.--Moneys in the account are hereby 19950H1929B4201 - 11 -
1 appropriated upon approval of the Governor to the department for
2 the purposes of this act. No more than 5% of the money in the
3 account may be used for the development and implementation of
4 public education and technical assistance programs concerning
5 the management of used tires.
6 (c) Transfer of unexpended funds.--Any unexpended funds
7 remaining in the account ten years after its establishment shall
8 be transferred to the Solid Waste Abatement Fund.
9 Section 11 111. Remediation grants. <--
10 (a) Authorization.--The department shall award grants for
11 the remediation of waste tire piles existing on or before the
12 effective date of this act upon receipt of a proposal submitted
13 by a person or municipality.
14 (b) Priority.--The department will announce the sites for
15 which each proposal may be accepted. The department shall select
16 these sites based on the environmental danger posed by the sites
17 as determined by the department.
18 (c) Prerequisites.--
19 (1) Persons or municipalities submitting proposals to
20 the department to remediate sites shall do so on a form
21 provided by the department. The proposal at a minimum shall
22 contain:
23 (i) A description of the person or municipality
24 experienced in tire pile remediation.
25 (ii) Markets or uses for the remediated tires.
26 (iii) Schedule for the remediation of tires.
27 (iv) Proposed cost of the used tire pile
28 remediation.
29 (2) Proposals shall include any additional information
30 the department deems necessary. The department shall
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1 establish guidelines for awarding grants. These guidelines 2 may be updated by the department as needed. 3 (3) The department shall establish a grant ceiling for 4 each proposed tire pile to be remediated based on the number 5 of tires contained in the pile and estimated processing 6 costs. Proposals must request an amount that may not exceed 7 the ceiling established by the department. The department 8 will give priority to those proposals indicating the removal 9 of tires for reuse, recycling or energy recovery in that 10 order. The department shall award a grant for the proposal 11 requesting the fewest funds for any given site unless it 12 determines, in its sole discretion, that a greater potential 13 for environmental degradation would be remediated by a 14 proposal for another site. 15 (4) Grant recipients shall apply funds received from the 16 department under this section only to those purposes and 17 activities authorized by contract with the department or 18 otherwise approved by the department. 19 (d) Required grants.--The department shall not award a grant 20 under this section to any person or municipality which has 21 contributed in any manner to the creation of a waste tire pile. 22 (e) Limitation.--Grants under this section shall not be used 23 for the purchase of equipment. 24 (f) Lapse of grant.--A grant offering under this chapter 25 shall lapse automatically if funds for the grant are not 26 encumbered within one year of the offering. The department may, 27 in its sole discretion, reoffer the grant, offer the grant for 28 the remediation of that site to another entity which submitted a 29 proposal, or announce the solicitation for new proposals for 30 that site. 19950H1929B4201 - 13 -
1 (g) Lapse of encumbered funds.--Grant funds that have been 2 encumbered shall lapse automatically to the Waste Tire Pile <-- 3 Remediation Fund USED TIRE PILE REMEDIATION RESTRICTED ACCOUNT <-- 4 if the funds are not expended by the grantee within two years 5 after they have been encumbered. The department may, upon 6 written request from the grantee, extend the two-year period for 7 an additional period not to exceed three months. 8 (h) Availability of funds.--All obligations of the 9 Commonwealth under this section are contingent upon the 10 availability of funds under section 10 110. <-- 11 Section 12 112. Report to General Assembly. <-- 12 The department shall submit a report to the General Assembly 13 concerning the implementation of this act, the success of the <-- 14 waste tire registration and recordkeeping system and the 15 reduction of stockpiled waste tires not later than three years 16 after the implementation of this act. 17 Section 13 113. Commonwealth recycling and use of waste tires. <-- 18 (a) Use of waste tires by Commonwealth agencies.--Within two 19 years after the effective date of this act, the Department of 20 Conservation and Natural Resources, the Department of 21 Environmental Protection and the Department of Transportation 22 shall, to the maximum extent practicable and feasible, give due 23 consideration and preference to the use of waste tires in all <-- 24 APPROPRIATE construction and engineering activities which are <-- 25 paid with public funds. 26 (b) Reports.--Within three years after the effective date of 27 this act, the Department of Conservation and Natural Resources, 28 the Department of Environmental Protection and the Department of 29 Transportation shall submit a report to the Environmental 30 Resources and Energy Committee of the Senate and the 19950H1929B4201 - 14 -
1 Environmental Resources and Energy Committee of the House of 2 Representatives concerning the implementation of this section. 3 The report shall include a description of what actions the 4 agencies have taken in the previous two years to implement this 5 section. 6 Section 14 114. Demonstration projects. <-- 7 Within one year of the effective date of this act the 8 Secretary of Transportation shall establish not less than six 9 demonstration projects which use asphalt modified with product 10 derived from waste tires for road repair and construction. The 11 projects shall test the performance of the modified asphalt 12 under various climates and use conditions. These projects shall 13 be in addition to any other projects previously established. 14 Additionally, the Secretary of Transportation shall give due 15 consideration and preference for TO the use of waste tires in <-- 16 transportation-related civil engineering applications throughout 17 this Commonwealth. The Secretary of Transportation shall report 18 annually to the General Assembly study results of each 19 demonstration project and on the usage of waste tires in 20 transportation-related civil engineering applications. 21 Section 15. Effective date. 22 This act shall take effect immediately. 23 CHAPTER 2 <-- 24 SMALL BUSINESS AND HOUSEHOLD 25 POLLUTION PREVENTION PROGRAM 26 SECTION 201. SHORT TITLE OF CHAPTER. 27 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE SMALL 28 BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM ACT. 29 SECTION 202. LEGISLATIVE FINDINGS. 30 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: 19950H1929B4201 - 15 -
1 (1) IT IS THE GOAL OF THE COMMONWEALTH TO ACHIEVE A GOAL 2 OF ZERO DISCHARGE OF POLLUTANTS INTO OUR AIR, WATER AND LAND. <-- 3 THIS GOAL WILL NOT BE ACHIEVED WITH TRADITIONAL METHODS OF 4 REGULATING POLLUTANTS AFTER THEY ARE GENERATED. THROUGH <-- 5 VOLUNTARY POLLUTION PREVENTION MEASURES, RECOGNIZING THIS 6 GOAL MAY NOT BE COMPLETELY ACHIEVABLE BY SOME. 7 (2) EDUCATION, DEMONSTRATION PROJECT AND TECHNICAL 8 ASSISTANCE PROGRAMS ON POLLUTION PREVENTION ARE ESSENTIAL TO 9 HELP SMALL AND MEDIUM SIZED BUSINESSES ACHIEVE THE ZERO 10 DISCHARGE GOAL AND HELP THE PUBLIC CONSERVE RESOURCES, REDUCE 11 THE VOLUME AND TOXICITY OF WASTES, AND RECYCLE OR RECLAIM 12 WASTES. 13 (3) HAZARDOUS AND OTHER WASTES GENERATED BY SMALL 14 BUSINESSES AND HOUSEHOLDS MAY PRESENT DANGERS TO THE PUBLIC 15 HEALTH AND THE ENVIRONMENT IF MANAGED IMPROPERLY. THESE 16 DANGERS CAN BE GREATLY REDUCED BY POLLUTION PREVENTION 17 TECHNIQUES, INCLUDING SOURCE REDUCTION, ENERGY CONSERVATION, 18 WASTE MINIMIZATION, REDUCTION IN THE TOXICITY OF WASTES 19 GENERATED, BENEFICIAL USE, REUSE, RECYCLING AND RECLAMATION. 20 (4) TRADITIONAL "END-OF-PIPE" POLLUTION CONTROL 21 TECHNIQUES OFTEN RESULT IN THE TRANSFER OF POLLUTANTS FROM 22 ONE ENVIRONMENTAL MEDIUM TO ANOTHER. POLLUTION PREVENTION AND 23 SOURCE REDUCTION TECHNIQUES REDUCE POLLUTION FORMING IN THE 24 FIRST PLACE AND LESSEN TRANSFERS BETWEEN AIR, WATER AND LAND. 25 SECTION 203. DEFINITIONS. 26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 28 CONTEXT CLEARLY INDICATES OTHERWISE: 29 "COLLECTION CONTRACTOR." A PERSON REGISTERED AND APPROVED BY 30 THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND RETAINED BY A 19950H1929B4201 - 16 -
1 SPONSOR TO OPERATE A WASTE COLLECTION EVENT FOR ELIGIBLE 2 ENTITIES UNDER THIS CHAPTER. 3 "COLLECTION EVENT." AN EVENT OR PROGRAM THAT INCLUDES 4 COLLECTION AND MANAGEMENT OF SOLID WASTES FROM ELIGIBLE ENTITIES 5 UNDER THIS CHAPTER. THE TERM INCLUDES ONE-DAY WASTE COLLECTION 6 PROGRAMS AND WASTE COLLECTION PROGRAMS THAT ARE DESIGNED FOR 7 CONTINUOUS OR ONGOING OPERATION THROUGHOUT A DESIGNATED PERIOD 8 OF TIME. 9 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF 10 THE COMMONWEALTH AND ITS AUTHORIZED REPRESENTATIVES. 11 "ELIGIBLE ENTITY." A HOUSEHOLD, POLITICAL SUBDIVISION OR A 12 SMALL BUSINESS. 13 "HOUSEHOLD HAZARDOUS WASTE." A WASTE WHICH WOULD BE 14 CHEMICALLY OR PHYSICALLY CLASSIFIED AS A HAZARDOUS WASTE BUT IS 15 EXCLUDED FROM REGULATION AS A HAZARDOUS WASTE PURSUANT TO THE 16 REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 17 BECAUSE IT IS GENERATED BY A HOUSEHOLD. 18 "HOUSEHOLD HAZARDOUS WASTE FUNDING ACT." THE ACT OF DECEMBER 19 27, 1994 (P.L.1346, NO.155), KNOWN AS THE HOUSEHOLD HAZARDOUS 20 WASTE FUNDING ACT. 21 "POLLUTION PREVENTION ASSESSMENT." AN EVALUATION DESIGNED TO 22 IDENTIFY OPPORTUNITIES TO ELIMINATE AND REDUCE POLLUTION OR 23 REUSE WASTE MATERIALS. 24 "PROGRAM." THE SMALL BUSINESS AND HOUSEHOLD POLLUTION 25 PREVENTION PROGRAM. 26 "SMALL BUSINESS." A BUSINESS ENTITY THAT IS DEFINED AS A 27 SMALL QUANTITY GENERATOR OR A CONDITIONALLY EXEMPT SMALL 28 QUANTITY GENERATOR UNDER THE REGULATIONS OF THE DEPARTMENT OF 29 ENVIRONMENTAL PROTECTION. 30 "SOLID WASTE MANAGEMENT ACT." THE ACT OF JULY 7, 1980 19950H1929B4201 - 17 -
1 (P.L.380, NO.97). 2 "SPONSOR." A MUNICIPALITY, CORPORATION, PUBLIC UTILITY, 3 TRADE ASSOCIATION, NOT-FOR-PROFIT CORPORATION, NOT-FOR-PROFIT 4 ASSOCIATION OR OTHER PERSON SPONSORING A COLLECTION EVENT OR 5 SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM FOR 6 ELIGIBLE ENTITIES UNDER THIS CHAPTER. 7 "UNIVERSAL WASTE." HAZARDOUS WASTES THAT ARE MANAGED AS 8 UNIVERSAL WASTE AS DEFINED BY THE HAZARDOUS WASTE REGULATIONS OF 9 THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. 10 SECTION 204. SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION 11 PROGRAM. 12 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH THE SMALL 13 BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM FOR 14 EDUCATING AND PROVIDING ASSISTANCE TO SMALL BUSINESSES AND THE 15 GENERAL PUBLIC IN POLLUTION PREVENTION AND THE PROPER MANAGEMENT 16 OF SOLID AND HAZARDOUS WASTES GENERATED IN HOUSEHOLDS AND SMALL 17 BUSINESSES. 18 (B) EDUCATIONAL MATERIALS.--THE DEPARTMENT SHALL DEVELOP 19 EDUCATIONAL MATERIALS FOR THE OPERATION OF THE PROGRAM IN 20 CONSULTATION WITH SMALL BUSINESSES, TRADE ASSOCIATIONS, 21 EDUCATIONAL INSTITUTIONS AND APPROPRIATE ADVISORY COMMITTEES. 22 (C) PROGRAM CONCERNS.--THE PROGRAM SHALL INCLUDE EDUCATION, 23 TRAINING AND TECHNICAL ASSISTANCE CONCERNING: 24 (1) SOURCE REDUCTION AND METHODS FOR CONDUCTING 25 POLLUTION PREVENTION ASSESSMENTS TO ELIMINATE OR REDUCE THE 26 VOLUME OR TOXICITY OF SOLID WASTES GENERATED. 27 (2) NATURAL RESOURCE AND ENERGY CONSERVATION. 28 (3) OPPORTUNITIES TO REDUCE ENVIRONMENTAL CONTAMINATION 29 FROM AIR EMISSIONS AND WATER EFFLUENTS. 30 (4) OPPORTUNITIES TO BENEFICIALLY USE, REUSE, RECYCLE OR 19950H1929B4201 - 18 -
1 RECLAIM SOLID WASTE MATERIALS. 2 (5) OPPORTUNITIES TO COLLECT AND MANAGE UNIVERSAL WASTES 3 RECEIVED FROM SMALL BUSINESS AND THE GENERAL PUBLIC. 4 (6) OPPORTUNITIES TO DEVELOP AND APPLY ENVIRONMENTAL 5 IMPROVEMENT TECHNOLOGIES AND METHODS. 6 (7) INFORMATION ON COMPLIANCE WITH APPLICABLE 7 ENVIRONMENTAL PROTECTION LAWS, INCLUDING COMPLIANCE WITH 8 SOLID WASTE MANAGEMENT REQUIREMENTS. 9 (D) TECHNICAL ASSISTANCE.--THE DEPARTMENT SHALL PROVIDE 10 EDUCATIONAL MATERIALS AND TECHNICAL ASSISTANCE TO SPONSORS AND 11 COLLECTION CONTRACTORS FOR THE OPERATION OF THE PROGRAMS AND 12 COLLECTION EVENTS TO ENCOURAGE AND PROMOTE ALL ASPECTS OF 13 POLLUTION PREVENTION. 14 (E) TECHNICAL ASSISTANCE FOR IMPLEMENTATION.--THE DEPARTMENT 15 SHALL PROVIDE TECHNICAL ASSISTANCE TO SPONSORS AND COLLECTION 16 CONTRACTORS TO IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO 17 FACILITATE THE PROGRAM AND THE PROPER COLLECTION, TREATMENT, 18 RECYCLING OR DISPOSAL OF HAZARDOUS WASTES GENERATED BY ELIGIBLE 19 ENTITIES. 20 (F) SITE VISIT.--AT THE REQUEST OF A SMALL BUSINESS, THE 21 DEPARTMENT MAY OFFER A POLLUTION PREVENTION SITE VISIT AT THE 22 PLACE OF BUSINESS AND MAY PROVIDE ASSISTANCE ON COMPLIANCE WITH 23 THE ENVIRONMENTAL PROTECTION LAWS ADMINISTERED BY THE DEPARTMENT 24 AND GUIDANCE ISSUED BY THE DEPARTMENT ON POLLUTION PREVENTION. 25 (G) APPROPRIATIONS.--MONEYS ARE HEREBY APPROPRIATED UPON 26 APPROVAL OF THE GOVERNOR TO THE DEPARTMENT FOR THE PURPOSES OF 27 ADMINISTERING THIS CHAPTER FROM THE RECYCLING FUND CREATED BY 28 SECTION 706 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101) KNOWN 29 AS THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION 30 ACT, AND THE HAZARDOUS SITES CLEANUP FUND ESTABLISHED UNDER 19950H1929B4201 - 19 -
1 SECTION 901 OF THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108), 2 KNOWN AS THE HAZARDOUS SITES CLEANUP ACT. THE COMBINED TOTAL OF 3 APPROPRIATIONS FROM THESE TWO FUNDS FOR THE PROGRAM SHALL NOT 4 EXCEED $2,000,000 ANNUALLY. NO MORE THAN 3% OF THE FUNDS 5 APPROPRIATED MAY BE EXPENDED BY THE DEPARTMENT FOR THE 6 ADMINISTRATION OF THE PROGRAM. 7 (H) PRIVATE CONTRACT AUTHORIZATION.--THE DEPARTMENT MAY 8 COOPERATE WITH AND MAY CONTRACT FOR SERVICES FROM PRIVATE AND 9 OTHER ENTITIES AND IS AUTHORIZED TO MAKE GRANTS TO PRIVATE, 10 GOVERNMENTAL AND OTHER ENTITIES TO IMPLEMENT THIS SECTION. 11 (I) DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM 12 "SMALL BUSINESS" SHALL MEAN A BUSINESS WITH 100 OR FEWER 13 EMPLOYEES OR A POLITICAL SUBDIVISION. 14 SECTION 205. SMALL BUSINESS HAZARDOUS WASTE COLLECTION PROGRAM. 15 (A) GENERAL RULE.--A SPONSOR MAY ESTABLISH A COLLECTION 16 PROGRAM FOR THE COLLECTION AND MANAGEMENT OF SOLID WASTES 17 GENERATED BY ELIGIBLE ENTITIES THROUGH COLLECTION EVENTS. EACH 18 SPONSOR MUST REGISTER THE PROGRAM WITH THE DEPARTMENT AND 19 RECEIVE APPROVAL OF THE DEPARTMENT PRIOR TO COMMENCING 20 OPERATION. 21 (B) SITES.--COLLECTION EVENTS MAY BE CONDUCTED ON SITES 22 SELECTED BY THE SPONSOR. SUCH SITES MAY BE ON PUBLIC OR PRIVATE 23 PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNED, LEASED 24 OR CONTROLLED BY THE COMMONWEALTH, ITS AGENCIES OR ITS POLITICAL 25 SUBDIVISIONS. WRITTEN PERMISSION TO USE THE SITE FOR THE CONDUCT 26 OF THE EVENT SHALL BE OBTAINED FROM THE OWNER PRIOR TO THE 27 EVENT. 28 (C) LIABILITY.--AN OWNER WHO, WITHOUT CHARGE, PERMITS ANY 29 PROPERTY TO BE USED AS A SITE FOR A COLLECTION EVENT SHALL NOT 30 BE LIABLE FOR ANY DAMAGE, HARM OR INJURY TO ANY PERSON OR 19950H1929B4201 - 20 -
1 PROPERTY WHICH RESULTS FROM THE USE OF THE PROPERTY AS A SITE 2 FOR A COLLECTION EVENT. A SPONSOR OF A COLLECTION EVENT SHALL 3 NOT BE LIABLE FOR ANY DAMAGE, HARM OR INJURY TO ANY PERSON OR 4 PROPERTY WHICH RESULTS FROM THE OPERATION OF A COLLECTION EVENT. 5 (D) LIMITATION OF TYPE.--THE SPONSOR MAY LIMIT THE TYPES OF 6 SOLID WASTES OR MATERIALS TO BE COLLECTED AT A COLLECTION EVENT 7 IN ACCORDANCE WITH GUIDANCE ISSUED BY THE DEPARTMENT AND FURTHER 8 LIMITATIONS DETERMINED AT THE DISCRETION OF THE SPONSOR. A SMALL 9 BUSINESS ENTITY MAY BRING UP TO BUT NOT MORE THAN 1000 KILOGRAMS 10 OF HAZARDOUS WASTE TO A COLLECTION EVENT OR COLLECTION EVENTS IN 11 ANY CALENDAR MONTH FOR WASTE RECYCLING, TREATMENT OR DISPOSAL 12 ARRANGED BY THE COLLECTION CONTRACTOR. 13 (E) FEES.--THE SPONSOR MAY ESTABLISH AND ASSESS REASONABLE 14 FEES FROM ELIGIBLE ENTITIES FOR SERVICES PROVIDED IN CONNECTION 15 WITH A COLLECTION EVENT. 16 (F) REGISTRATION AND APPROVAL.--THE SPONSOR MAY SELECT A 17 COLLECTION CONTRACTOR TO OPERATE THE COLLECTION EVENT OR MAY 18 OPERATE THE COLLECTION EVENT AS THE COLLECTION CONTRACTOR. EACH 19 SPONSOR OR COLLECTION CONTRACTOR WHICH OPERATES A COLLECTION 20 EVENT MUST FIRST BE REGISTERED AND APPROVED BY THE DEPARTMENT TO 21 OPERATE COLLECTION EVENTS. THE DEPARTMENT SHALL ISSUE GUIDANCE 22 FOR REGISTRATION REQUIREMENTS FOR THE OPERATION OF COLLECTION 23 EVENTS. 24 (G) QUALIFICATIONS.--NO COLLECTION CONTRACTOR MAY BE 25 SELECTED TO OPERATE A COLLECTION EVENT UNLESS THE CONTRACTOR CAN 26 DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT ITS ABILITY TO 27 COLLECT, PACKAGE, TRANSPORT AND DISPOSE OF SOLID WASTE COLLECTED 28 UNDER THIS PROGRAM CONSISTENT WITH THE REQUIREMENTS OF THE SOLID 29 WASTE MANAGEMENT ACT, THE ENVIRONMENTAL PROTECTION LAWS OF THIS 30 COMMONWEALTH, THE REGULATIONS OF THE DEPARTMENT AND GUIDELINES 19950H1929B4201 - 21 -
1 OR REGULATIONS UNDER THIS ACT. 2 (H) INELIGIBILITY.--A COLLECTION CONTRACTOR SHALL NOT BE 3 ELIGIBLE TO OPERATE A COLLECTION EVENT IF THE DEPARTMENT FINDS 4 THAT SUCH PERSON HAS SHOWN A LACK OF ABILITY OR A LACK OF INTENT 5 TO COMPLY WITH THE SOLID WASTE MANAGEMENT ACT OR OTHER 6 ENVIRONMENTAL PROTECTION LAWS OF THIS COMMONWEALTH, OTHER STATES 7 OR THE UNITED STATES. 8 (I) GENERATOR.--A COLLECTION CONTRACTOR SHALL BE DEEMED TO 9 BE THE GENERATOR OF HAZARDOUS WASTE COLLECTED AT THE EVENT WHICH 10 IS SENT FOR TREATMENT, STORAGE OR DISPOSAL AT A PERMITTED 11 HAZARDOUS WASTE MANAGEMENT FACILITY. 12 (J) POLLUTION PREVENTION.--THE COLLECTION CONTRACTOR SHALL 13 PRACTICE AND ENCOURAGE POLLUTION PREVENTION AND SHALL RECYCLE OR 14 RECLAIM COLLECTED SOLID WASTES TO THE GREATEST EXTENT 15 PRACTICABLE. 16 (K) DOCUMENTATION.--IN CONDUCTING A COLLECTION EVENT UNDER 17 THIS ACT, THE COLLECTION CONTRACTOR SHALL MANAGE WASTES AND 18 OTHER MATERIALS RECEIVED AT A COLLECTION EVENT IN COMPLIANCE 19 WITH THE ENVIRONMENTAL PROTECTION ACTS OF THIS COMMONWEALTH AND 20 THE REGULATIONS AND GUIDANCE ISSUED THEREUNDER. THE SPONSOR AND 21 THE COLLECTION CONTRACTOR SHALL PROVIDE DOCUMENTATION AND 22 RECORDS OF AN EVENT AS REQUESTED BY THE DEPARTMENT. 23 (L) OPTIONAL PARTICIPATION.--THIS SECTION SHALL NOT BE <-- 24 INTERPRETED AS REQUIRING A SMALL BUSINESS TO PARTICIPATE IN A 25 SMALL BUSINESS HAZARDOUS WASTE COLLECTION PROGRAM, OR AS 26 PROHIBITING A SMALL BUSINESS FROM DISPOSING OF ITS HAZARDOUS 27 WASTE UNDER OTHER APPLICABLE PROVISIONS ESTABLISHED UNDER THE 28 ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE 29 MANAGEMENT ACT. 30 SECTION 206. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 19950H1929B4201 - 22 -
1 (A) COLLECTION EVENTS.--A SPONSOR MAY ESTABLISH A COLLECTION 2 EVENT FOR THE PURPOSE OF COLLECTING AND MANAGING SOLID WASTE 3 GENERATED BY HOUSEHOLDS THAT POSE A RISK TO THE PUBLIC HEALTH, 4 SAFETY OR THE ENVIRONMENT IF MANAGED AS PART OF THE MUNICIPAL 5 WASTE STREAM. A COLLECTION EVENT DESIGNED FOR HOUSEHOLD 6 HAZARDOUS WASTE SHALL MEET THE STANDARDS AND REQUIREMENTS OF 7 SECTION 205. A SPONSOR MAY OPERATE A COLLECTION EVENT 8 EXCLUSIVELY FOR HOUSEHOLD HAZARDOUS WASTE, EXCLUSIVELY FOR SMALL 9 BUSINESS WASTE OR FOR SPECIFIED WASTES FROM ELIGIBLE ENTITIES. 10 (B) HAZARDOUS WASTE.--A COLLECTION EVENT THAT INCLUDES 11 COLLECTION OF HOUSEHOLD HAZARDOUS WASTE SHALL PROVIDE 12 EDUCATIONAL MATERIALS THAT EMPHASIZE HOME SAFETY, FIRE 13 PREVENTION AND POLLUTION PREVENTION IN THE HOME, INCLUDING 14 SOURCE REDUCTION THROUGH THE USE OF ALTERNATIVE LESS TOXIC 15 PRODUCTS, RECYCLING AND PROPER DISPOSAL METHODS FOR WASTE 16 MATERIALS THAT CANNOT BE RECYCLED. WASTE MATERIALS COLLECTED 17 FROM HOUSEHOLDS SHALL BE APPROPRIATELY REUSED OR RECYCLED TO THE 18 GREATEST EXTENT PRACTICABLE. THE DEPARTMENT SHALL ISSUE GUIDANCE 19 ON PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTE. 20 SECTION 207. MANAGEMENT OF SMALL BUSINESS HAZARDOUS WASTE. 21 (A) REGULATIONS.--THE ENVIRONMENTAL QUALITY BOARD MAY 22 PROMULGATE REGULATIONS AS NEEDED TO IMPLEMENT THIS CHAPTER. 23 (B) MUNICIPAL AND RESIDUAL WASTE LANDFILLS.--THE DEPARTMENT 24 SHALL NOT APPROVE APPLICATIONS FOR PERMIT MODIFICATIONS FOR 25 MUNICIPAL OR RESIDUAL WASTE LANDFILLS THAT PROPOSE TO ACCEPT AND 26 DISPOSE OF ANY HAZARDOUS WASTE. 27 SECTION 208. GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION 28 PREVENTION PROGRAMS. 29 (A) GENERAL RULE.--THE DEPARTMENT IS AUTHORIZED TO PROVIDE 30 GRANTS TO COUNTIES UNDER SECTION 901 OF THE ACT OF JULY 28, 1988 19950H1929B4201 - 23 -
1 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 2 RECYCLING AND WASTE REDUCTION ACT, TO REIMBURSE A COUNTY FOR 3 ELIGIBLE COSTS FOR EDUCATION PROGRAMS ON POLLUTION PREVENTION OR 4 FOR PROVIDING OTHER TECHNICAL ASSISTANCE TO SMALL BUSINESS FOR 5 THE PURPOSE OF THIS CHAPTER. 6 (B) EDUCATION PROGRAMS.--THE GRANT TO ANY COUNTY UNDER THIS 7 SECTION MAY REIMBURSE THE COUNTY FOR UP TO 80% OF THE APPROVED 8 COST OF EDUCATION PROGRAMS ON POLLUTION PREVENTION OR FOR 9 PROVIDING TECHNICAL ASSISTANCE TO SMALL BUSINESS FOR THE 10 PURPOSES OF THIS CHAPTER. 11 (C) RESTRICTIONS.--GRANTS PAID UNDER THIS SUBSECTION SHALL 12 BE SUBJECT TO THE RESTRICTIONS OF THE MUNICIPAL WASTE PLANNING, 13 RECYCLING AND WASTE REDUCTION ACT, INCLUDING SECTIONS 706, 901 14 AND 905 OF THAT ACT, AND THE APPLICABLE REGULATIONS OF THE 15 DEPARTMENT. 16 (D) ELIGIBLE COSTS.--ELIGIBLE COSTS UNDER THIS SECTION MAY 17 INCLUDE COSTS INCURRED BY A COUNTY BY CONTRACT WITH ANOTHER 18 SPONSOR OR OTHER PERSON SELECTED BY THE COUNTY TO OPERATE THE 19 PROGRAM UNDER THIS CHAPTER. THE DEPARTMENT SHALL ISSUE GUIDANCE 20 FOR COUNTIES IN THE OPERATION OF THE PROGRAM AND FOR ELIGIBILITY 21 REQUIREMENTS FOR GRANTS ADMINISTERED UNDER THIS SUBSECTION. 22 SECTION 209. GRANTS FOR COLLECTION EVENTS. 23 (A) RESTRICTED REVENUE ACCOUNT.--THE DEPARTMENT IS 24 AUTHORIZED TO ADMINISTER SPECIFICALLY APPROPRIATED FUNDS 25 DEPOSITED WITHIN THE RESTRICTED REVENUE ACCOUNT CREATED UNDER 26 SECTION 4(B) OF THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT WITHIN 27 THE RECYCLING FUND ESTABLISHED UNDER SECTION 706 OF THE ACT OF 28 JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE 29 PLANNING, RECYCLING AND WASTE REDUCTION ACT. NO MORE THAN 3% OF 30 THE FUNDS TRANSFERRED INTO THE RESTRICTED REVENUE ACCOUNT UNDER 19950H1929B4201 - 24 -
1 SECTION 4(B) OF THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT MAY BE 2 EXPENDED BY THE DEPARTMENT FOR THE ADMINISTRATION OF THESE 3 PROGRAMS. 4 (B) GRANT ELIGIBILITY.--GRANTS APPROVED UNDER THIS SECTION 5 MAY BE PAID TO A REGISTERED SPONSOR OF A COLLECTION EVENT, 6 INCLUDING SPONSORS OTHER THAN MUNICIPALITIES. THE DEPARTMENT IS 7 AUTHORIZED TO REIMBURSE SPONSORS FOR ELIGIBLE COSTS INCURRED 8 AFTER THE EFFECTIVE DATE OF THIS CHAPTER FOR THE OPERATION OF 9 COLLECTION EVENTS FOR ELIGIBLE ENTITIES UNDER THIS CHAPTER. 10 (C) MATCHING REQUIREMENT.--THE FUNDS ADMINISTERED BY THE 11 DEPARTMENT UNDER THIS SECTION MAY BE EXPENDED BY THE DEPARTMENT 12 ONLY TO THE EXTENT THAT THE GRANT AMOUNT HAS BEEN MATCHED, AT 13 LEAST DOLLAR FOR DOLLAR IN VALUE, BY THE GRANT APPLICANT. 14 SPONSORS OF A COLLECTION EVENT ARE HEREBY AUTHORIZED TO RECEIVE 15 ALL OR PART OF THE REQUIRED MATCHING FUNDS FROM MANUFACTURERS OR 16 OTHER PERSONS. 17 (D) OTHER LIMITATIONS.--NO MORE THAN $100,000 PER FISCAL 18 YEAR MAY BE EXPENDED BY THE DEPARTMENT FOR COLLECTION EVENTS IN 19 ANY ONE COUNTY. 20 CHAPTER 3 21 MISCELLANEOUS PROVISIONS 22 SECTION 301. REPEALS. 23 (A) ABSOLUTE REPEALS.--THE FOLLOWING ACTS AND PARTS OF ACTS 24 ARE REPEALED: 25 SECTION 1512 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101), 26 KNOWN AS THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE 27 REDUCTION ACT. 28 SECTION 3(E) AND 5 OF THE ACT OF DECEMBER 27, 1994 (P.L.1346, 29 NO.155), KNOWN AS THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT. 30 (B) INCONSISTENT.--STANDARDS FOR MANAGEMENT OF HOUSEHOLD 19950H1929B4201 - 25 -
1 HAZARDOUS WASTE UNDER THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT 2 AND THE REGULATIONS OF THE DEPARTMENT UNDER 25 PA. CODE CH. 272 3 ARE REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THE 4 PROVISIONS OF THIS ACT AND REGULATIONS OF THE DEPARTMENT ISSUED 5 UNDER THIS ACT. 6 SECTION 302. EFFECTIVE DATE. 7 THIS ACT SHALL TAKE EFFECT IMMEDIATELY. F15L27JAM/19950H1929B4201 - 26 -