PRINTER'S NO. 2149
No. 1584 Session of 1990
INTRODUCED BY HESS, PUNT, RHOADES AND HOPPER, APRIL 27, 1990
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 27, 1990
AN ACT
1 Amending the act of July 13, 1988 (P.L.525, No.93), entitled "An
2 act requiring the development of the Pennsylvania Infectious
3 and Chemotherapeutic Wastes Plan prior to the issuance of
4 permits for infectious and chemotherapeutic wastes
5 incinerators and disposal facilities; and providing
6 penalties," providing for plan implementation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of July 13, 1988 (P.L.525, No.93),
10 referred to as the Infectious and Chemotherapeutic Waste Law, is
11 amended by adding sections to read:
12 Section 1.1. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Commercial facility for the incineration of infectious or
17 chemotherapeutic wastes." Any incinerator which combusts
18 infectious or chemotherapeutic waste which is not generated at
19 the incinerator site, except for the following:
20 (1) Any incinerator which combusts infectious or
1 chemotherapeutic waste generated primarily at the incinerator
2 site. For purposes of this definition, the term "primarily"
3 means greater than 50% of the waste incinerated.
4 (2) Any incinerator which combusts infectious or
5 chemotherapeutic waste which was generated at a facility
6 which is wholly-owned by the owner of the incinerator. This
7 exception only applies if all of the waste generated offsite
8 was generated at a wholly-owned facility.
9 "Determination of need." A determination by the Department
10 of Environmental Resources that a proposed facility is needed to
11 address a critical capacity shortfall within the region of this
12 Commonwealth in which the proposed facility is to be located.
13 Section 3.1. Plan implementation.
14 (a) Initial review.--Following adoption of the plan, the
15 Department of Environmental Resources shall concentrate its
16 efforts on the development of a facility for the incineration of
17 infectious or chemotherapeutic wastes in the area of this
18 Commonwealth that, according to the plan, shows the greatest
19 shortfall of capacity, and shall initially accept applications
20 for any commercial facility for the incineration of infectious
21 or chemotherapeutic wastes only from that area. Within six
22 months following the issuance of a permit for a facility in that
23 area, the Department of Environmental Resources shall revise the
24 plan to indicate the impact that that facility has had on the
25 overall capacity shortfall within this Commonwealth, which
26 revised plan shall be submitted to the Environmental Quality
27 Board for review.
28 (b) Determination of need.--Following the adoption of the
29 revised plan by the Environmental Quality Board, but prior to
30 accepting any applications for additional commercial facilities
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1 for the incineration of infectious or chemotherapeutic wastes,
2 the Department of Environmental Resources shall require
3 potential applicants to receive a Determination of Need
4 certificate from the Department of Environmental Resources. No
5 such certificate shall be issued unless it is in conformance
6 with specific criteria and procedures to be developed and
7 adopted by the Environmental Quality Board and published in the
8 Pennsylvania Bulletin.
9 (c) Amendment of plan.--Any plan adopted by the
10 Environmental Quality Board and in effect on the effective date
11 of this act shall be deemed to be amended to be consistent with
12 the provisions of this act, and the Department of Environmental
13 Resources shall not issue any permits that are inconsistent with
14 the provisions of any such plan as amended by this act. In
15 addition, the Environmental Quality Board shall, within 60 days
16 of the effective date of this act, amend any such plan to be
17 consistent with the provisions of this act.
18 Section 2. This act shall take effect in 60 days.
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