PRINTER'S NO. 561
No. 483 Session of 2003
INTRODUCED BY DALLY, BEBKO-JONES, BELARDI, BELFANTI, CAPPELLI,
CAWLEY, CRAHALLA, CRUZ, CURRY, DALEY, DeWEESE, FAIRCHILD,
FRANKEL, FREEMAN, GEORGE, GOODMAN, GRUCELA, HARHAI, HARPER,
HENNESSEY, HORSEY, JAMES, KELLER, LAUGHLIN, LEDERER, LEWIS,
McCALL, MELIO, MUNDY, MYERS, ROSS, RUBLEY, SATHER, SCAVELLO,
SHANER, SOLOBAY, SURRA, E. Z. TAYLOR, THOMAS, TIGUE, WANSACZ,
WASHINGTON AND YOUNGBLOOD, FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 25, 2003
AN ACT
1 Requiring permits for the operation of hazardous waste transfer
2 facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Hazardous
7 Waste Transfer Facilities Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Environmental Protection of
13 the Commonwealth.
14 "Hazardous waste." The term shall have the meaning given to
15 it under the act of July 7, 1980 (P.L.380, No.97), known as the
1 Solid Waste Management Act.
2 "Transfer facility." A transportation-related facility,
3 including loading docks, parking areas, storage areas and other
4 similar areas, where shipments of hazardous waste are held
5 during the normal course of transportation.
6 "Transporter." A person or municipality engaged in the
7 offsite transportation of hazardous waste by air, rail, highway
8 or water.
9 Section 3. Permit required.
10 Notwithstanding any other provision of law, it shall be
11 unlawful for a person or municipality to operate a transfer
12 facility unless that person or municipality first obtains a
13 permit for the facility from the department.
14 Section 4. Transfer restriction.
15 Notwithstanding any other provision of law, it shall be
16 unlawful for a transporter to transfer hazardous waste from one
17 vehicle to another except at a permitted transfer facility. If a
18 departmental official acting within the scope of his official
19 responsibilities determines that immediate transfer of the
20 hazardous waste is necessary to protect the health and safety of
21 the public or the environment, that official may authorize in
22 writing a vehicle-to-vehicle transfer at a location other than a
23 permitted transfer facility.
24 Section 5. Effective date.
25 This act shall take effect in 60 days.
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