PRINTER'S NO. 1949
No. 1595 Session of 2001
INTRODUCED BY DALLY, GEORGE, LEDERER, HENNESSEY, THOMAS,
CAPPELLI, WILT, FAIRCHILD, WOJNAROSKI, SHANER, CLARK,
YOUNGBLOOD, BELFANTI, LAUGHLIN, WANSACZ, RUBLEY, SOLOBAY,
ROSS, DALEY, S. H. SMITH, TIGUE, GRUCELA, BELARDI, CRUZ,
McILHATTAN, YUDICHAK, McCALL, ROEBUCK, KELLER, KAISER, LEWIS,
CAPPABIANCA, HARHAI, CALTAGIRONE, C. WILLIAMS, FREEMAN,
HARPER, PALLONE, JAMES, MELIO, SURRA, MARSICO, TRELLO AND
WASHINGTON, MAY 10, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 10, 2001
AN ACT
1 Requiring permits for the operation of hazardous waste transfer
2 facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Hazardous
7 Waste Transfer Facilities Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Environmental Protection of
13 the Commonwealth.
14 "Hazardous waste." The term shall have the meaning given to
1 it under the act of July 7, 1980 (P.L.380, No.97), known as the
2 Solid Waste Management Act.
3 "Transfer facility." A transportation-related facility,
4 including loading docks, parking areas, storage areas and other
5 similar areas, where shipments of hazardous waste are held
6 during the normal course of transportation.
7 "Transporter." A person or municipality engaged in the
8 offsite transportation of hazardous waste by air, rail, highway
9 or water.
10 Section 3. Permit required.
11 Notwithstanding any other provision of law, it shall be
12 unlawful for a person or municipality to operate a transfer
13 facility unless that person or municipality first obtains a
14 permit for the facility from the department.
15 Section 4. Transfer restriction.
16 Notwithstanding any other provision of law, it shall be
17 unlawful for a transporter to transfer hazardous waste from one
18 vehicle to another except at a permitted transfer facility. If a
19 departmental official acting within the scope of his official
20 responsibilities determines that immediate transfer of the
21 hazardous waste is necessary to protect the health and safety of
22 the public or the environment, that official may authorize in
23 writing a vehicle-to-vehicle transfer at a location other than a
24 permitted transfer facility.
25 Section 5. Effective date.
26 This act shall take effect in 60 days.
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