THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, ORIE, BOSCOLA, RAFFERTY, WASHINGTON, FERLO, O'PAKE AND COSTA, FEBRUARY 20, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 20, 2009  

AN ACT

Restricting the location of waste disposal facilities near

schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Waste

Disposal Facility Proximity to Schools Act.

Section 2.  Legislative findings.

The General Assembly, conscious of the public health concerns

relating to air pollution and other deleterious effects of

various types of waste disposal, finds that the public health,

safety and welfare of school students will be served by placing

restrictions on issuing permits for the construction and

operation of waste disposal facilities in close proximity to

school buildings.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"School entity."  A school district, joint school district,

intermediate unit, area vocational-technical school or charter

school within this Commonwealth.

"Waste disposal facility."  Any waste incinerator, waste

treatment facility, solid waste landfill or other operation

disposing of waste which is required to be permitted by the

Department of Environmental Protection under the act of January

8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution

Control Act, or the act of July 7, 1980 (P.L.380, No.97), known

as the Solid Waste Management Act.

Section 4.  Prohibition of waste disposal facility near schools.

(a)  New construction.--On and after the effective date of

this section, the Department of Environmental Protection may not

issue a permit for any new waste disposal facility within 1,000

yards of a building which is owned or operated by a school

entity or a nonpublic or private school.

(b)  Modifications.--Any modification, extension, addition or

renewal of existing permitted facilities may not bring the

existing permitted facility closer to a building owned or

operated by a school entity or a nonpublic or private school.

Section 5.  Exceptions.

This act shall not apply to:

(1)  Waste disposal facilities which received permits

before the effective date of this section.

(2)  Waste disposal facilities proposed to be utilized by

municipalities or authorities and which before the effective

date of this section have entered into contracts for the

construction of such facilities or completed an escrow or

permanent bond financing.

(3)  Waste disposal facilities proposed to be utilized by

more than one municipality, for which municipalities have

executed intermunicipal pacts and have expended public funds

prior to the effective date of this section.

Section 10.  Effective date.

This act shall take effect immediately.