PRINTER'S NO. 2498
No. 1894 Session of 1985
INTRODUCED BY DALEY, TIGUE, KUKOVICH, LUCYK, YANDRISEVITS,
J. L. WRIGHT, GODSHALL, GRUPPO, HERMAN AND BELARDI,
NOVEMBER 19, 1985
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 19, 1985
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," further
18 providing for the powers and duties of municipalities.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 202 of the act of July 7, 1980 (P.L.380,
22 No.97), known as the Solid Waste Management Act, is amended to
23 read:
24 Section 202. Powers and duties of municipalities.
25 (a) Each municipality shall be responsible for the
1 collection, transportation, processing, and disposal of
2 municipal waste which is generated or present within its
3 boundaries and shall be responsible for implementing its
4 approved plan as it relates to the storage, collection,
5 transportation, processing, and disposal of its municipal
6 wastes.
7 (b) In carrying out its responsibilities, any such
8 municipality may adopt ordinances, regulations and standards for
9 the storage and collection of municipal wastes which shall be
10 not less stringent than, and not in violation of, the rules,
11 regulations, standards, and procedures of the department for the
12 storage, collection, transportation, processing and disposal of
13 municipal waste. Any ordinances, regulations and standards so
14 adopted shall be made a part of the plan required in section
15 201.
16 (c) Municipalities may contract with any person or other
17 municipality to carry out their responsibilities for the
18 collection, transportation, processing and disposal of municipal
19 wastes, provided that the ultimate disposal is known to be at a
20 site permitted to accept such waste, and provided, further, that
21 no municipality may delegate the duties imposed by this section.
22 Municipalities, by ordinance, may transfer full responsibility
23 for the collection, transportation, processing and disposal of
24 municipal waste, or any part of the function, to the county or
25 county authority: Provided, however, That such action cannot be
26 revoked at a later date. In cases where the planning agency
27 determines and the governing body approves that it is in the
28 public interest for municipal wastes management and disposal to
29 be a public function, the plan shall provide for the mechanisms.
30 Municipalities are authorized to require by ordinance that all
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1 municipal wastes generated within their jurisdiction shall be
2 disposed at a designated facility.
3 Section 2. This act shall take effect in 60 days.
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