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PRINTER'S NO. 1048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
824
Session of
2017
INTRODUCED BY SCHWANK, BROWNE, FONTANA, YUDICHAK, RAFFERTY AND
KILLION, JUNE 29, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 29, 2017
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," in recycling and waste reduction,
further providing for municipal implementation of recycling
programs; and, in enforcement and remedies, further providing
for affirmative defense.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1501(e) and 1712(c) of the act of July
28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act, are amended by
adding paragraphs to read:
Section 1501. Municipal implementation of recycling programs.
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(e) Implementation.--
* * *
(1.1) A municipality other than a county may impose and
collect a fee or similar charge to support a municipal
recycling program provided for under this section.
* * *
Section 1712. Affirmative defense.
* * *
(c) Construction.--Nothing in this section shall be
construed or understood:
* * *
(4) To preclude an affirmative defense due to the
recycling fee authorized under section 1501(e)(1.1) or any
other law.
* * *
Section 2. This act shall take effect in 60 days.
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