PRINTER'S NO. 627
No. 533 Session of 2003
INTRODUCED BY YUDICHAK, GEORGE, KELLER, CAPPELLI, BELARDI,
CAWLEY, CRUZ, DALLY, FAIRCHILD, GOODMAN, HARHAI, HENNESSEY,
HERSHEY, HUTCHINSON, LEWIS, McGEEHAN, MUNDY, ROONEY, STABACK,
THOMAS, WASHINGTON, HORSEY, BROWNE, CREIGHTON, CURRY,
DeWEESE, FRANKEL, GRUCELA, HASAY, HERMAN, HESS, KOTIK, MANN,
MELIO, READSHAW, SOLOBAY, TANGRETTI, TIGUE AND YOUNGBLOOD,
FEBRUARY 26, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 26, 2003
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, recapping or
15 cleaning of waste tires to commerce for use as commodities. The
16 term includes a facility that may use waste tire reduction,
17 reuse or recycling equipment and machinery designed to process
18 or convert waste tires into a beneficial product or productive
19 use.
20 Section 2. The act is amended by adding a section to read:
21 Section 106.5. Prohibiting waste tire recycling facilities in
22 certain locations.
23 (a) General rule.--Notwithstanding any other provision of
24 law to the contrary, a waste tire recycling facility shall not
25 be established or operated within 500 feet of an existing
26 school, public playground, public park, residential housing
27 area, child-care facility, nursing home facility, church,
28 meetinghouse or other actual place of regularly stated religious
29 worship established prior to the proposed waste tire recycling
30 facility.
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1 (b) Applicability.--The provisions of this section shall
2 apply whether or not an occupancy permit or certificate of use
3 has been issued to the owner or operator of a waste tire
4 recycling facility for a location that is within 500 feet of an
5 existing school, public playground, public park, residential
6 housing area, child-care facility, nursing home facility,
7 church, meetinghouse or other actual place of regularly stated
8 religious worship established prior to the proposed waste tire
9 recycling facility.
10 (c) Municipality approval procedure.--
11 (1) Notwithstanding subsection (b) a waste tire
12 recycling facility may be established and operated closer
13 than 500 feet to an existing school, public playground,
14 public park, residential housing area, child-care facility,
15 nursing home facility, church, meetinghouse or other actual
16 place of regularly stated religious worship established prior
17 to the proposed waste tire recycling facility if, by majority
18 vote, the governing body for the municipality in which the
19 proposed waste tire recycling facility is to be located votes
20 in favor of the issuance of an occupancy permit or
21 certificate of use for the facility at such a location.
22 (2) At least 14 days prior to the governing body of a
23 municipality voting on whether to approve the issuance of an
24 occupancy permit or certificate of use for a waste tire
25 recycling facility at a location that is closer than 500 feet
26 to a school, public playground, public park, residential
27 housing area, child-care facility, nursing home facility,
28 church, meetinghouse or other actual place of regularly
29 stated religious worship established prior to the proposed
30 waste tire recycling facility, one or more public hearings
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1 regarding the proposed waste tire recycling facility location
2 must be held within the municipality following public notice.
3 (3) All owners of real property located within 500 feet
4 of the proposed location shall be provided written notice of
5 the public hearing at least 30 days prior to the public
6 hearing occurring.
7 Section 3. This act shall take effect immediately.
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