HOUSEHOLD HAZARDOUS WASTE FUNDING ACT
Act of Dec. 27, 1994, P.L. 1346, No. 155 Cl. 35
AN ACT
Providing for household hazardous waste collection programs;
further providing for the Recycling Fund; making a fund
transfer; providing for a grant program; and making an
appropriation.
Compiler's Note: Section 301(b) of Act 190 of 1996 provided
that standards for management of household hazardous
waste under Act 155 and the regulations of the department
under 25 Pa. Code Ch. 272 are repealed insofar as they
are inconsistent of the provisions of Act 190 and the
regulations of the department issued under Act 190.
The General Assembly finds as follows:
(1) Household hazardous wastes in the municipal waste
stream present real and significant dangers to the public
health and the environment.
(2) These dangers can be greatly reduced by removing
these household hazardous wastes from the waste stream before
disposal and managing them separately.
(3) Manufacturers of products that contribute to or
later become household hazardous waste should help fund
efforts to remove these wastes from the municipal waste
stream for proper management.
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 Household
Hazardous Waste Funding Act.
Section 2. 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:
"Department." The Department of Environmental Resources of
the Commonwealth and its authorized representatives.
"Municipal Waste Planning, Recycling and Waste Reduction
Act." The act of July 28, 1988 (P.L.556, No.101).
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"Person." Any individual, partnership, corporation,
association, institution, cooperative enterprise, municipality,
municipal authority, Federal Government or agency, State
institution or agency, including, but not limited to, the
Department of General Services and the State Public School
Building Authority, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any
provisions of this act prescribing a fine, imprisonment or
penalty or any combination of the foregoing, the term shall
include the officers and directors of any corporation or other
legal entity having officers and directors.
"Solid Waste Management Act." The act of July 7, 1980
(P.L.380, No.97).
Compiler's Note: The Department of Environmental Resources,
referred to in the def. of "department," was abolished by
Act 18 of 1995. Its functions were transferred to the
Department of Conservation and Natural Resources and the
Department of Environmental Protection.
Section 3. Household hazardous waste collection programs.
(a) General rule.--Private individuals, municipalities,
businesses or corporations are authorized to operate household
hazardous waste collection programs in accordance with this act.
(b) Registration and department approval.--No person shall
establish a program for the collection and management of
household hazardous wastes until the program has been registered
with and approved by the department. Every approved program
shall also maintain and submit records to the department as
required under the guidelines or regulations promulgated under
section 1512(d) of the Municipal Waste Planning, Recycling and
Waste Reduction Act.
(c) Qualifications.--No person may be selected to operate a
collection program or site unless the person can demonstrate to
the satisfaction of the department his ability to collect,
package, transport and dispose of hazardous waste collected
under this program, consistent with the requirements of Articles
IV, V and VI of the Solid Waste Management Act and regulations
promulgated thereunder and guidelines or regulations under this
act.
(d) Ineligibility.--A person shall not be eligible to
operate a collection program or collection site if the
department finds that the person has shown a lack of ability or
a lack of intent to comply with the Solid Waste Management Act
or other environmental laws of this Commonwealth, other states
or the United States.
(e) Requirements of Solid Waste Management Act.--((e)
repealed Dec. 19, 1996, P.L.1478, No.190)
(f) Other requirements.--Persons operating household
hazardous waste collection programs shall be subject to all the
same requirements as municipalities under section 1512 of the
Municipal Waste Planning, Recycling and Waste Reduction Act and
all regulations and guidelines promulgated thereunder, except
that persons other than municipalities shall not be eligible for
grants under section 1512(b) of the Municipal Waste Planning,
Recycling and Waste Reduction Act or this act.
Section 4. Transfer of funds.
(a) General rule.--The sum of $3,000,000 is hereby
transferred from the Solid Waste - Resource Recovery Development
Fund created by section 9 of the act of July 20, 1974 (P.L.572,
No.198), known as the Pennsylvania Solid Waste - Resource
Recovery Development Act, to the Recycling Fund created by
section 706 of the Municipal Waste Planning, Recycling and Waste
Reduction Act for the purposes of implementing this act.
(b) Account in Recycling Fund.--There is hereby created a
restricted revenue account in the Recycling Fund into which
these funds and any other funds appropriated by the General
Assembly for these purposes shall be deposited, and the funds
are hereby appropriated to the department on a continuing basis
to be expended for the purposes authorized in section 5.
Section 5. Use of funds. (5 repealed Dec. 19, 1996, P.L.1478,
No.190)
Section 6. Effective date.
This act shall take effect in 60 days.
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