Regular Session 2015-2016 House Bill 1737 P.N. 4028

SENATE AMENDED

PRIOR PRINTER'S NOS. 2607, 3285

PRINTER'S NO. 4028

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1737

Session of

2015

INTRODUCED BY MAHER, COHEN, CORBIN, D. COSTA, COX, DEAN,

DIAMOND, GILLESPIE, GREINER, GROVE, HARHAI, JAMES, KILLION,

LONGIETTI, MAJOR, MILLARD, MILNE, MURT, O'BRIEN, READSHAW,

ROZZI, SAYLOR, SCHLOSSBERG, THOMAS, PHILLIPS-HILL, KORTZ,

MICCARELLI AND DAVIS, DECEMBER 3, 2015

SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,

REPORTED AS AMENDED, OCTOBER 17, 2016

AN ACT

Amending 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," further providing for household

hazardous waste collection program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 206 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," is amended by adding a subsection to read:

Section 206. Household hazardous waste collection program.

* * *

(1) Programs and events conducted by the following

facilities or entities are exempt from registering with the

department prior to commencing operations as required under

section 205(a):

(i) Federal, State or local law enforcement.

(ii) Hospitals, assisted living facilities, home

health care agencies, long-term care nursing facilities,

hospice, domiciliary care homes and other similar health

care facilities as defined in section 802.1 of the act of

July 19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

(iii) Pharmacies licensed by the Commonwealth.

(iv) Resource recovery facilities as defined in

section 103 of the act of July 28, 1988 (P.L.556,

No.101), known as the Municipal Waste Planning, Recycling

and Waste Reduction Act, that collect expired or unwanted

prescription drugs or over-the-counter pharmaceutical

products.

(v) Facilities or entities similar to those listed

in subparagraph (i), (ii), (iii) or (iv) that the

department, at its sole discretion, excludes.

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(2) The exclusion in 40 CFR 261.4(b)(1) (relating to

exclusions) shall apply to unused, expired or unwanted

prescription drugs and over-the-counter pharmaceutical

products generated by households if the wastes are collected

as part of a registered collection event OR A PROGRAM OR

EVENT LISTED IN PARAGRAPH (1) , separately managed and

destroyed in a manner that renders the drugs and

pharmaceutical products nonretrievable through resource

recovery facilities INCINERATION .

(3) Expired or unwanted prescription drugs and over-the-

counter pharmaceutical products generated by households and

collected as part of a registered collection event OR A

PROGRAM OR EVENT LISTED IN PARAGRAPH (1) may be destroyed

through industrial furnaces, resource recovery facilities or

any other facility that renders the drugs and pharmaceutical

products nonretrievable to prevent diversion of the wastes

for illicit purpose and protect this Commonwealth's waters,

public health and safety.

(4) INDUSTRIAL FURNACES, RESOURCE RECOVERY FACILITIES

AND OTHER FACILITIES THAT RENDER THE EXPIRED OR UNWANTED

PRESCRIPTION DRUGS AND OVER-THE-COUNTER PHARMACEUTICAL

PRODUCTS NONRETRIEVABLE MUST BE COMPLIANT WITH THE CLEAN AIR

ACT (69 STAT. 1, 42 U.S.C. § 7401 ET SEQ.) AND THE ACT OF

JANUARY 8, 1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR

POLLUTION CONTROL ACT.

(5) OTHER THAN RESOURCE RECOVERY FACILITIES, FACILITIES

OPERATING UNDER THE SPECIFIC PROVISIONS OF THIS SECTION ARE

NOT REQUIRED TO OBTAIN A PERMIT UNDER THE ACT OF JULY 7, 1980

(P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT.

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

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