THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY MUSTO, COSTA, GORDNER, McILHINNEY, HUGHES, TARTAGLIONE, ERICKSON, LEACH, FONTANA, FARNESE, MELLOW, STOUT, BOSCOLA, WILLIAMS, O'PAKE AND WASHINGTON, MAY 27, 2009

SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, JUNE 9, 2009   

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 fee, further

providing for recycling fee for municipal waste landfills and

resource recovery facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 701(d) of the act of July 28, 1988

(P.L.556, No.101), known as the Municipal Waste Planning,

Recycling and Waste Reduction Act, amended November 9, 2006

(P.L.1347, No.140), is amended to read:

Section 701.  Recycling fee for municipal waste landfills and

resource recovery facilities.

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[(d)  Sunset for fee.--No fee shall be imposed under this

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section on and after January 1, 2012.] [2012] 2020.

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Section 2.  The act is amended by adding a section to read:

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Section 707.  Used tire pile remediation.

(a)  Funding transfer.--Beginning in fiscal year 2009-2010,

through and including fiscal year 2012-2013, $1,250,000 shall be

transferred from the Recycling Fund created under section 706 to

the Used Tire Pile Remediation Restricted Account established

under section 110 of the act of December 19, 1996 (P.L.1478,

No.190), entitled "An act relating to the recycling and reuse of

waste tires; providing for the proper disposal of waste tires

and the cleanup of stockpiled tires; authorizing investment tax

credits for utilizing waste tires; providing remediation grants

for the cleanup of tire piles and for pollution prevention

programs for small business and households; establishing the

Small Business and Household Pollution Prevention Program and

management standards for small business hazardous waste;

providing for a household hazardous waste program and for grant

programs; making appropriations; and making repeals."

(b)  Use of funding.--For fiscal year 2009-2010 through

fiscal year 2012-2013 moneys in the account shall be used for

the following purposes:

(1)  The remediation of waste tire piles on the priority

enforcement list maintained by the department pursuant to

section 107(a) and (b) of the act of December 19, 1996

(P.L.1478, No.190).

(2)  The remediation of waste tire piles on the list of

additional waste tire sites maintained by the department

pursuant to section 107(d) of the act of December 19, 1996

(P.L.1478, No.190).

(3)  For the award of grants pursuant to section 111 of

the act of December 19, 1996 (P.L.1478, No.190) for

remediation of waste tire piles as provided in this

subsection or for activities authorized under that section

which the department determines will assist with the

remediation of waste tire piles as provided in this

subsection.

(c)  Annual report by department.--No later than December 31,

2010, and no later than each December 31 thereafter, the

department shall provide a report to the Environmental Resources

and Energy Committee of the Senate, the Appropriations Committee

of the Senate, the Environmental Resources and Energy Committee

of the House of Representatives and the Appropriations Committee

of the House of Representatives on the Used Tire Pile

Remediation Restricted Account and the remediation of used tire

piles. The last report to be submitted by the department

pursuant to this subsection shall be submitted no later than

December 31, 2014. Within seven days following submission of

each report to the Senate and House committees, the department

shall post the report on the department's publicly accessible

Internet website. The report shall include:

(1)  The current balance of the account and the projected

balance of the account at the end of the fiscal year for

which the department's budget is being submitted.

(2)  A listing of waste tire piles remediated or to be

remediated pursuant to subsection (b) during the prior fiscal

year and cumulatively since the effective date of this

subsection.

(3)  Those waste tire piles which the department expects

to remediate pursuant to subsection (b) during the fiscal

year for which its budget is being submitted and the

projected cost for remediation of those waste tire piles.

(4)  Those waste tire piles which will remain to be

remediated pursuant to subsection (b) and the projected cost

for remediation of those waste tire piles.

Section 2 3.  This act shall take effect in 60 days.

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