PRINTER'S NO. 4471
No. 2912 Session of 2002
INTRODUCED BY YUDICHAK, ARGALL, THOMAS, KELLER, BEBKO-JONES,
BROWNE, CAPPELLI, CAWLEY, COY, CREIGHTON, CURRY, FRANKEL,
FREEMAN, GEORGE, GRUCELA, HARHAI, HASAY, HERSHEY, HORSEY,
JOSEPHS, KAISER, MANN, McGEEHAN, MELIO, MUNDY, PETRARCA,
PISTELLA, ROBERTS, ROONEY, SAINATO, SATHER, SAYLOR, SHANER,
SOLOBAY, STABACK, TIGUE, WASHINGTON, J. WILLIAMS, YOUNGBLOOD
AND HENNESSEY, OCTOBER 15, 2002
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 15, 2002
AN ACT
1 Amending the act of December 19, 1996 (P.L.1478, No.190),
2 entitled "An act relating to the recycling and reuse of waste
3 tires; providing for the proper disposal of waste tires and
4 the cleanup of stockpiled tires; authorizing investment tax
5 credits for utilizing waste tires; providing remediation
6 grants for the cleanup of tire piles and for pollution
7 prevention programs for small business and households;
8 establishing the Small Business and Household Pollution
9 Prevention Program and management standards for small
10 business hazardous waste; providing for a household hazardous
11 waste program and for grant programs; making appropriations;
12 and making repeals," defining "waste tire recycling
13 facility"; and prohibiting waste tire recycling facilities in
14 certain locations.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 104 of the act of December 19, 1996
18 (P.L.1478, No.190), entitled "An act relating to the recycling
19 and reuse of waste tires; providing for the proper disposal of
20 waste tires and the cleanup of stockpiled tires; authorizing
21 investment tax credits for utilizing waste tires; providing
1 remediation grants for the cleanup of tire piles and for
2 pollution prevention programs for small business and households;
3 establishing the Small Business and Household Pollution
4 Prevention Program and management standards for small business
5 hazardous waste; providing for a household hazardous waste
6 program and for grant programs; making appropriations; and
7 making repeals," is amended by adding a definition to read:
8 Section 104. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 * * *
13 "Waste tire recycling facility." A facility whose purpose is
14 the systematic collection, sorting, storage or cleaning of waste
15 tires to commerce for use as commodities. The term includes a
16 facility that may use waste tire reduction, reuse or recycling
17 equipment and machinery designed to process or convert waste
18 tires into a beneficial product or productive use.
19 Section 2. The act is amended by adding a section to read:
20 Section 106.5. Prohibiting waste tire recycling facilities in
21 certain locations.
22 (a) General rule.--Notwithstanding any other provision of
23 law to the contrary a waste tire recycling facility shall not be
24 established or operated within 500 feet of an existing school,
25 public playground, public park, residential housing area, child-
26 care facility, church, meetinghouse or other actual place of
27 regularly stated religious worship established prior to the
28 proposed waste tire recycling facility.
29 (b) Applicability.--The provisions of this section shall
30 apply whether or not an occupancy permit or certificate of use
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1 has been issued to the owner or operator of a waste tire
2 recycling facility for a location that is within 500 feet of an
3 existing school, public playground, public park, residential
4 housing area, child-care facility, church, meetinghouse or other
5 actual place of regularly stated religious worship established
6 prior to the proposed waste tire recycling facility.
7 (c) Municipality approval procedure.--
8 (1) Notwithstanding subsection (b) a waste tire
9 recycling facility may be established and operated closer
10 than 500 feet to an existing school, public playground,
11 public park, residential housing area, child-care facility,
12 church, meetinghouse or other actual place of regularly
13 stated religious worship established prior to the proposed
14 waste tire recycling facility if, by majority vote, the
15 governing body for the municipality in which the proposed
16 waste tire recycling facility is to be located votes in favor
17 of the issuance of an occupancy permit or certificate of use
18 for said facility at such a location.
19 (2) At least 14 days prior to the governing body of a
20 municipality voting on whether to approve the issuance of an
21 occupancy permit or certificate of use for a waste tire
22 recycling facility at a location that is closer than 500 feet
23 to a school, public playground, public park, residential
24 housing area, child-care facility, church, meetinghouse or
25 other actual place of regularly stated religious worship
26 established prior to the proposed waste tire recycling
27 facility, one or more public hearings regarding the proposed
28 waste tire recycling facility location must be held within
29 the municipality following public notice.
30 (3) All owners of real property located within 500 feet
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1 of the proposed location shall be provided written notice of
2 the public hearings at least 30 days prior to the public
3 hearings occurring.
4 Section 3. This act shall take effect immediately.
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