PRINTER'S NO. 1946
No. 1539 Session of 2003
INTRODUCED BY CORRIGAN, COY, DALEY, GEORGE, HARHAI, SCRIMENTI
AND YOUNGBLOOD, JUNE 5, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 5, 2003
AN ACT
1 Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2 "An act providing for planning for the processing and
3 disposal of municipal waste; requiring counties to submit
4 plans for municipal waste management systems within their
5 boundaries; authorizing grants to counties and municipalities
6 for planning, resource recovery and recycling; imposing and
7 collecting fees; establishing certain rights for host
8 municipalities; requiring municipalities to implement
9 recycling programs; requiring Commonwealth agencies to
10 procure recycled materials; imposing duties; granting powers
11 to counties and municipalities; authorizing the Environmental
12 Quality Board to adopt regulations; authorizing the
13 Department of Environmental Resources to implement this act;
14 providing remedies; prescribing penalties; establishing a
15 fund; and making repeals," providing for recycling of cathode
16 ray tubes; and making editorial changes.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The title of the act of July 28, 1988 (P.L.556,
20 No.101), known as the Municipal Waste Planning, Recycling and
21 Waste Reduction Act, is amended to read:
22 AN ACT
23 Providing for planning for the processing and disposal of
24 municipal waste; requiring counties to submit plans for
1 municipal waste management systems within their boundaries;
2 authorizing grants to counties and municipalities for
3 planning, resource recovery and recycling; imposing and
4 collecting fees; establishing certain rights for host
5 municipalities; requiring municipalities to implement
6 recycling programs; requiring Commonwealth agencies to
7 procure recycled materials; imposing duties; granting powers
8 to counties and municipalities; authorizing the Environmental
9 Quality Board to adopt regulations; authorizing the
10 Department of Environmental [Resources] Protection to
11 implement this act; providing remedies; prescribing
12 penalties; establishing a fund; and making repeals.
13 Section 2. The definition of "department" in section 103 of
14 the act is amended to read:
15 Section 103. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 * * *
20 "Department." The Department of Environmental [Resources]
21 Protection of the Commonwealth and its authorized
22 representatives.
23 * * *
24 Section 3. The act is amended by adding a section to read:
25 Section 1510.1. Cathode ray tubes.
26 (a) Prohibition.--Except as set forth in subsection (b), a
27 person may not discard a cathode ray tube.
28 (b) Exception.--
29 (1) A person may recycle a cathode ray tube in
30 accordance with paragraph (2).
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1 (2) A person selling or offering for sale cathode ray
2 tubes shall do all of the following:
3 (i) Accept, at the point of transfer, in a quantity
4 at least equal to the number purchased, used cathode ray
5 tubes from customers in exchange for new cathode ray
6 tubes purchased.
7 (ii) Post written notice which must be at least 8
8 1/2 inches by 11 inches in size and contain the universal
9 recycling symbol and the following language:
10 (A) "It is illegal to discard cathode ray
11 tubes."
12 (B) "Recycle your used cathode ray tubes."
13 (C) "State law requires us to accept used
14 cathode ray tubes for recycling, in exchange for new
15 cathode ray tubes purchased."
16 (c) Department.--
17 (1) The department shall produce, print and distribute
18 the notices required by subsection (b)(2)(ii) to all places
19 where cathode ray tubes are offered for sale.
20 (2) The department may inspect a place governed by this
21 section.
22 (3) Authorized employees of the department may issue
23 warnings and citations to persons who fail to comply with the
24 requirements of this section.
25 (d) Penalty.--A person who fails to post the required notice
26 following warning under subsection (c)(3) shall pay an
27 administrative penalty of $25 per day. This subsection is
28 subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
29 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
30 to judicial review of Commonwealth agency action).
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1 (e) Enforcement.--The department shall enforce this section.
2 Section 4. This act shall take effect in 60 days.
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