SENATE AMENDED
        PRIOR PRINTER'S NOS. 2385, 2773, 2822,        PRINTER'S NO. 4201
        2926, 3708

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1929 Session of 1995


        INTRODUCED BY ARGALL, PETRONE, BATTISTO, CARONE, HARHART,
           PLATTS, HUTCHINSON, DeLUCA, LYNCH, MIHALICH, SATHER, BAKER,
           HERSHEY, HERMAN, DEMPSEY, JAROLIN, GODSHALL, MUNDY, FARGO,
           NAILOR, PETTIT, M. N. WRIGHT, LEVDANSKY, YOUNGBLOOD, BELARDI,
           BARD, SAYLOR, MANDERINO, COY, TRELLO, WAUGH, STURLA, RAYMOND,
           WOGAN, LAUGHLIN, D. W. SNYDER, MELIO, L. I. COHEN, MERRY,
           ALLEN, GAMBLE, EGOLF, STEELMAN, CIVERA, PISTELLA, SERAFINI
           AND McGEEHAN, JUNE 29, 1995

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, NOVEMBER 12, 1996

                                     AN ACT

     1  Relating to the recycling and reuse of waste tires; providing
     2     for the proper disposal of waste tires and the cleanup of
     3     stockpiled tires; authorizing investment tax credits for
     4     utilizing waste tires; providing remediation grants for the
     5     cleanup of tire piles; and providing for demonstration road    <--
     6     projects. AND FOR POLLUTION PREVENTION PROGRAMS FOR SMALL      <--
     7     BUSINESS AND HOUSEHOLDS; ESTABLISHING THE SMALL BUSINESS AND
     8     HOUSEHOLD POLLUTION PREVENTION PROGRAM AND MANAGEMENT
     9     STANDARDS FOR SMALL BUSINESS HAZARDOUS WASTE; PROVIDING FOR A
    10     HOUSEHOLD HAZARDOUS WASTE PROGRAM AND FOR GRANT PROGRAMS;
    11     MAKING APPROPRIATIONS; AND MAKING REPEALS.

    12                         TABLE OF CONTENTS
    13  Section 1.  Short title.                                          <--
    14  Section 2.  Legislative findings.
    15  Section 3.  Purpose.
    16  Section 4.  Definitions.
    17  Section 5.  Powers and duties of department.
    18  Section 6.  Disposal of whole waste tires.

     1  Section 7.  Priority enforcement list.
     2  Section 8.  Penalties.
     3  Section 9.  Investment tax credits for equipment for
     4                 reducing, reusing or recycling whole used
     5                 or waste tires.
     6  Section 10.  Funds.
     7  Section 11.  Remediation grants.
     8  Section 12.  Report to General Assembly.
     9  Section 13.  Commonwealth recycling and use of waste tires.
    10  Section 14.  Demonstration projects.
    11  Section 15.  Effective date.
    12  CHAPTER 1.  WASTE TIRE RECYCLING                                  <--
    13  SECTION 101.  SHORT TITLE OF CHAPTER.
    14  SECTION 102.  LEGISLATIVE FINDINGS.
    15  SECTION 103.  PURPOSE.
    16  SECTION 104.  DEFINITIONS.
    17  SECTION 105.  POWERS AND DUTIES OF DEPARTMENT.
    18  SECTION 106.  DISPOSAL OF WHOLE WASTE TIRES.
    19  SECTION 107.  PRIORITY ENFORCEMENT LIST.
    20  SECTION 108.  PENALTIES.
    21  SECTION 109.  INVESTMENT TAX CREDITS FOR EQUIPMENT FOR
    22                 REDUCING, REUSING OR RECYCLING WHOLE USED
    23                 OR WASTE TIRES.
    24  SECTION 110.  FUNDS.
    25  SECTION 111.  REMEDIATION GRANTS.
    26  SECTION 112.  REPORT TO GENERAL ASSEMBLY.
    27  SECTION 113.  COMMONWEALTH RECYCLING AND USE OF WASTE TIRES.
    28  SECTION 114.  DEMONSTRATION PROJECTS.                             <--
    29  CHAPTER 2.  SMALL BUSINESS AND HOUSEHOLD
    30                 POLLUTION PREVENTION PROGRAM
    19950H1929B4201                  - 2 -

     1  SECTION 201.  SHORT TITLE OF CHAPTER.
     2  SECTION 202.  LEGISLATIVE FINDINGS.
     3  SECTION 203.  DEFINITIONS.
     4  SECTION 204.  SMALL BUSINESS AND HOUSEHOLD POLLUTION
     5                 PREVENTION PROGRAM.
     6  SECTION 205.  SMALL BUSINESS HAZARDOUS WASTE
     7                 COLLECTION PROGRAM.
     8  SECTION 206.  HOUSEHOLD HAZARDOUS WASTE COLLECTION
     9                 PROGRAM.
    10  SECTION 207.  MANAGEMENT OF SMALL BUSINESS HAZARDOUS WASTE.
    11  SECTION 208.  GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION
    12                 PREVENTION PROGRAMS.
    13  SECTION 209.  GRANTS FOR COLLECTION EVENTS.
    14  CHAPTER 3.  MISCELLANEOUS PROVISIONS
    15  SECTION 301.  REPEALS.
    16  SECTION 302.  EFFECTIVE DATE.
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19                             CHAPTER 1                              <--
    20                        WASTE TIRE RECYCLING
    21  Section 1.  Short title.                                          <--
    22  SECTION 101.  SHORT TITLE OF CHAPTER.                             <--
    23     This act CHAPTER shall be known and may be cited as the Waste  <--
    24  Tire Recycling Act.
    25  Section 2 102.  Legislative findings.                             <--
    26     The General Assembly finds and declares as follows:
    27         (1)  An estimated 36,000,000 waste tires are stockpiled
    28     in Pennsylvania.
    29         (2)  Waste tires and stockpiled tires continue to be an
    30     environmental threat to this Commonwealth.
    19950H1929B4201                  - 3 -

     1         (3)  Approximately 12,000,000 waste tires are generated
     2     in Pennsylvania each year.
     3         (4)  Stockpiled tires create environmental hazards such
     4     as tire fires and heavy mosquito infestations.
     5         (5)  Landfilled whole tires and tire piles use valuable
     6     and productive land space.
     7         (6)  Financial incentives need to be created to help
     8     stimulate waste tire markets.
     9  Section 3 103.  Purpose.                                          <--
    10     It is the purpose of this act:
    11         (1)  To ensure that whole used and waste tires are
    12     collected and put to beneficial use or properly disposed.
    13         (2)  To provide for the abatement of whole used and waste
    14     tire dumps and their associated threats to public health and
    15     welfare.
    16         (3)  To encourage qualified investments by private
    17     companies to rehabilitate, expand or improve manufacturing
    18     processes, facilities, buildings and land to promote the use
    19     and recycling of waste tires.
    20         (4)  To reuse the current supply of waste tires generated
    21     each year in this Commonwealth.
    22  Section 4 104.  Definitions.                                      <--
    23     The following words and phrases when used in this act CHAPTER  <--
    24  shall have the meanings given to them in this section unless the
    25  context clearly indicates otherwise:
    26     "Commonwealth agency."  The Commonwealth and its departments,
    27  boards, commissions and agencies, Commonwealth-owned
    28  universities and the State Public School Building Authority and
    29  any other authority now in existence or hereafter created or
    30  organized by the Commonwealth.
    19950H1929B4201                  - 4 -

     1     "Department."  The Department of Environmental Protection of
     2  the Commonwealth.
     3     "Disposal."  The dumping, spilling or placing of whole used
     4  or waste tires into or on the land or water in a manner that the
     5  tires or a constituent of the tires enters the environment.
     6     "Landfill."  A facility using land for disposing of solid
     7  waste.
     8     "Person."  Any individual, partnership, corporation,
     9  association, institution, cooperative enterprise, municipal
    10  authority, Federal Government or agency, State institution and
    11  agency, including, but not limited to, the Department of General
    12  Services and the State Public School Building Authority, or any
    13  other legal entity whatsoever which is recognized by law as the
    14  subject of rights and duties. In any provisions of this act
    15  prescribing a fine, imprisonment or penalty, or any combination
    16  of the foregoing, the term "person" shall include the officers
    17  and directors of any corporation or other legal entity having
    18  officers and directors.
    19     "Priority site."  Any site designated by the Department of
    20  Environmental Protection to contain more than 10,000 stockpiled
    21  tires.
    22     "Recycling."  The systematic collection, sorting, cleaning
    23  and returning of waste tires to commerce for use as commodities.
    24     "Waste reduction, reuse or recycling equipment."  Machinery,
    25  equipment or facility modification designed to process or
    26  convert waste tires into a beneficial product or productive use.
    27     "Waste tire."  A tire that will no longer be used for the
    28  purpose for which it was originally intended.
    29  Section 5 105.  Powers and duties of department.                  <--
    30     The department shall have the power and its duty shall be to:
    19950H1929B4201                  - 5 -

     1         (1)  Administer the whole used or waste tire management
     2     program pursuant to the provisions of this act.
     3         (2)  Consult with the Department of Revenue concerning
     4     matters of tax credit disbursements.
     5         (3)  Cooperate with local units of government and
     6     appropriate private businesses in carrying out the duties of
     7     this act.
     8         (4)  Regulate the disposal of waste tires.
     9  Section 6 106.  Disposal of whole waste tires.                    <--
    10     (a)  Landfill disposal prohibited.--No person shall knowingly
    11  mix any whole used or waste tires with solid waste for disposal.
    12  Owners or operators of landfills shall not accept whole used or
    13  waste tires for disposal. Nothing in this section shall prohibit
    14  the disposal at landfills of occasional whole used or waste
    15  tires unknowingly and inadvertently mixed with solid waste.
    16     (b)  Exceptions.--Landfills may accept whole tires when:
    17         (1)  the landfill provides for shredding, chopping or
    18     splitting of whole used or waste tires prior to disposal,      <--
    19     EXCEPT THAT SUCH SHREDDING, CHOPPING OR SPLITTING SHALL NOT
    20     BE REQUIRED WHEN IT IS NOT FEASIBLE DUE TO THE CONDITION OF
    21     THE WASTE TIRES;
    22         (2)  the landfill uses the whole used or waste tires for
    23     alternative uses, which may include onsite uses such as
    24     lining of roadways with waste tires, use in landfill
    25     construction as liner protection, alternative daily landfill
    26     cover, use in a landfill leachate collection system or as
    27     otherwise provided for by regulation; or
    28         (3)  the landfill makes available the whole used or waste
    29     tires to an appropriate facility for reuse, recycling or use
    30     as an alternative fuel source.
    19950H1929B4201                  - 6 -

     1     (c)  Municipal waste landfills.--Municipal waste landfills     <--
     2  shall be prohibited from accepting whole used or waste tires or
     3  tires that have been shredded, chopped or split except to
     4  implement the provisions of subsection (b)(2) and (3).
     5     (d)  Municipal and residual waste landfills.--The department
     6  shall not approve applications for permit modifications for
     7  municipal or residual waste landfills that propose to accept and
     8  dispose of any hazardous waste.
     9     (e) (C)  Written management plan.--Landfills that accept       <--
    10  whole used or waste tires shall prepare and implement a written
    11  plan that addresses the management of waste tires. The plan
    12  shall, at a minimum, consist of the following:
    13         (1)  Procedures for notifying transporters of solid waste
    14     to the landfill of the existence and purpose of the waste
    15     tire management program.
    16         (2)  Procedures for distributing information regarding
    17     alternative management methods for waste tires or processed
    18     tires.
    19     (f) (D)  Notice to department.--Landfills that transfer whole  <--
    20  used or waste tires to an appropriate facility for reuse,
    21  recycling or processing or as an alternative fuel source shall
    22  submit an annual report to the department. Notification shall
    23  include information regarding the following:
    24         (1)  The name and address of the facility owner and
    25     operator to which waste tires are transferred.
    26         (2)  The name, address and location of the facility.
    27         (3)  The type of operation using the whole used or waste
    28     tires.
    29         (4)  The dates of shipments or transfers.
    30         (5)  The number of whole used and waste tires or the
    19950H1929B4201                  - 7 -

     1     volume or weight of processed tires transferred.
     2  Section 7 107.  Priority enforcement list.                        <--
     3     (a)  Development of list of waste tire sites.--Within 90 days
     4  of the effective date of this act, the department shall identify
     5  and develop a Statewide list of waste tire sites with more than
     6  10,000 waste tires known or estimated to be stockpiled. The
     7  department shall rank the waste tire sites according to their
     8  potential for creating environmental health and safety hazards
     9  and designate these sites as priority sites to those facilities
    10  requesting tax investment credits under section 9 109.            <--
    11     (b)  Maintenance of updated list.--The department shall
    12  review and update the priority enforcement list every two years.
    13     (c)  Municipal notification.--For the purposes of section 12,
    14  the department shall notify in writing the counties and
    15  municipalities of the waste tire sites selected to be listed on
    16  the priority enforcement list that are located within their
    17  borders.
    18  Section 8 108.  Penalties.                                        <--
    19     (a)  Penalty for first violation.--For the first violation, a
    20  person commits a summary offense and shall, upon conviction, be
    21  sentenced to pay a fine of not less than $100 and not more than
    22  $1,000 per violation, or be subject to imprisonment for not more
    23  than 30 days, or both.
    24     (b)  Additional penalty for subsequent violations.--For the
    25  second and any subsequent violations, a person commits a
    26  misdemeanor of the third degree and shall, upon conviction, be
    27  sentenced to pay a fine of not less than $1,000 and not more
    28  than $5,000 per violation, or be subject to imprisonment for not
    29  more than 90 days, or both.
    30  Section 9 109.  Investment tax credits for equipment for          <--
    19950H1929B4201                  - 8 -

     1                 reducing, reusing or recycling whole used or
     2                 waste tires.
     3     (a)  Equipment purchase, retrofitting or expansion of
     4  facilities tax credit.--Beginning with tax years beginning on or
     5  after January 1, 1996 1997, every taxpayer engaged in the         <--
     6  business of reducing, reusing or recycling whole used or waste
     7  tires that purchases waste reduction, reuse or recycling
     8  equipment or retrofits existing facilities for the purpose of
     9  reducing the number of whole used or waste tires or reusing or
    10  recycling whole used or waste tires or makes a qualified
    11  investment to rehabilitate, expand or improve buildings for the
    12  purpose of reducing, reusing or recycling whole used or waste
    13  tires for which an end market exists shall receive an investment
    14  tax credit equal to 30% of the cost of the waste reduction,
    15  reuse or recycling equipment or infrastructure investments. The
    16  credit may be claimed against any tax due under Article III, IV
    17  or VI of the act of March 4, 1971 (P.L.6, No.2), known as the
    18  Tax Reform Code of 1971, for the tax year during which the cost
    19  was incurred.
    20     (b)  New business tax credit.--Beginning with tax years        <--
    21  beginning on or after January 1, 1996, every new business
    22  created for the purpose of reducing, reusing or recycling whole
    23  used or waste tires which purchases waste reduction, reuse or
    24  recycling equipment or makes qualified infrastructure
    25  investments for the purposes of waste tire reduction, reuse or
    26  recycling for which an end market exists shall receive an
    27  investment tax credit equal to 5% of the cost of the waste
    28  reduction, reuse or recycling equipment or infrastructure
    29  investments. The credit may be claimed against any tax due under
    30  Article III, IV or VI of the Tax Reform Code of 1971 for the tax
    19950H1929B4201                  - 9 -

     1  year during which the cost was incurred.
     2     (c) (B)  Certification from department required.--To claim     <--
     3  credit under this section, a taxpayer must obtain certification
     4  from the department certifying to the Department of Revenue all
     5  of the following:
     6         (1)  The taxpayer is engaged in the business of reducing,
     7     reusing or recycling whole used or waste tires.
     8         (2)  The equipment purchased or infrastructure investment
     9     is for the purpose of whole used or waste tire reduction,
    10     reuse or recycling.
    11         (3)  The taxpayer engaged in the business of whole used
    12     or waste tire reduction, reuse or recycling must demonstrate
    13     that at least 10% of the whole used or waste tires processed
    14     each year were collected from priority tire sites as
    15     identified by the department.
    16         (4)  THE AMOUNT OF TAX CREDIT AVAILABLE TO THE TAXPAYER.   <--
    17     (d) (C)  Continuing tax credits.--For the years following the  <--
    18  first year a taxpayer or business receives an investment tax
    19  credit under subsection (a) or (b), an investment tax credit of   <--
    20  10% of the cost of the waste reduction, reuse or recycling
    21  equipment or infrastructure investments shall be allowed for
    22  each year in which a taxpayer engaged in the business of whole
    23  used or waste tire reduction, reuse or recycling demonstrates at
    24  least 25% of the waste tires processed were collected from
    25  priority tire sites as designated by the department.
    26     (e)  (D)  Limitation.--The dollar amount made available        <--
    27  through the Department of Revenue in each calendar year for tax
    28  credits shall not exceed $2,000,000.
    29     (E)  GENERAL FUND REIMBURSEMENT.--AN AMOUNT EQUAL TO THE TAX   <--
    30  CREDITS CLAIMED UNDER THIS SECTION SHALL BE TRANSFERRED FROM THE
    19950H1929B4201                 - 10 -

     1  RECYCLING FUND CREATED BY SECTION 706 OF THE ACT OF JULY 28,
     2  1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING,
     3  RECYCLING AND WASTE REDUCTION ACT, TO THE GENERAL FUND.
     4     (f) (E) (F)  Determination of distribution.--If the requests   <--
     5  for tax investment credits under subsection (a) or (b) exceeds    <--
     6  $2,000,000 during any calendar year, the department shall
     7  determine which taxpayers engaged in the business of whole used
     8  or waste tire reduction, reuse or recycling shall receive the
     9  investment tax credits.
    10     (g) (F) (G)  Sunset.--The investment tax credits under         <--
    11  subsection (a) or (b) shall expire within three years of the      <--
    12  effective date of this act. NO INVESTMENT TAX CREDIT UNDER THIS   <--
    13  ACT MAY BE CLAIMED AFTER JANUARY 1, 2000.
    14     (h) (G) (H)  Computation to exclude certain costs.--The cost   <--
    15  of feasibility studies or equipment used to service the waste
    16  reduction, reuse or recycling equipment shall not be used to
    17  compute tax credits.
    18  Section 10 110.  Funds.                                           <--
    19     (a)  Establishment of restricted account.--There is hereby
    20  established in the General Fund a restricted account to be known
    21  as the Used Tire Pile Remediation Restricted Account. This
    22  account shall receive up to $1,000,000, transferred upon
    23  approval of the Governor, on an annual basis for a period not to
    24  exceed five consecutive years from the Hazardous Sites Cleanup    <--
    25  Fund established under section 901 of the act of October 18,
    26  1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
    27  Act. RECYCLING FUND CREATED BY SECTION 706 OF THE ACT OF JULY     <--
    28  28, 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE
    29  PLANNING, RECYCLING AND WASTE REDUCTION ACT.
    30     (b)  Appropriation of fund.--Moneys in the account are hereby
    19950H1929B4201                 - 11 -

     1  appropriated upon approval of the Governor to the department for
     2  the purposes of this act. No more than 5% of the money in the
     3  account may be used for the development and implementation of
     4  public education and technical assistance programs concerning
     5  the management of used tires.
     6     (c)  Transfer of unexpended funds.--Any unexpended funds
     7  remaining in the account ten years after its establishment shall
     8  be transferred to the Solid Waste Abatement Fund.
     9  Section 11 111.  Remediation grants.                              <--
    10     (a)  Authorization.--The department shall award grants for
    11  the remediation of waste tire piles existing on or before the
    12  effective date of this act upon receipt of a proposal submitted
    13  by a person or municipality.
    14     (b)  Priority.--The department will announce the sites for
    15  which each proposal may be accepted. The department shall select
    16  these sites based on the environmental danger posed by the sites
    17  as determined by the department.
    18     (c)  Prerequisites.--
    19         (1)  Persons or municipalities submitting proposals to
    20     the department to remediate sites shall do so on a form
    21     provided by the department. The proposal at a minimum shall
    22     contain:
    23             (i)  A description of the person or municipality
    24         experienced in tire pile remediation.
    25             (ii)  Markets or uses for the remediated tires.
    26             (iii)  Schedule for the remediation of tires.
    27             (iv)  Proposed cost of the used tire pile
    28         remediation.
    29         (2)  Proposals shall include any additional information
    30     the department deems necessary. The department shall
    19950H1929B4201                 - 12 -

     1     establish guidelines for awarding grants. These guidelines
     2     may be updated by the department as needed.
     3         (3)  The department shall establish a grant ceiling for
     4     each proposed tire pile to be remediated based on the number
     5     of tires contained in the pile and estimated processing
     6     costs. Proposals must request an amount that may not exceed
     7     the ceiling established by the department. The department
     8     will give priority to those proposals indicating the removal
     9     of tires for reuse, recycling or energy recovery in that
    10     order. The department shall award a grant for the proposal
    11     requesting the fewest funds for any given site unless it
    12     determines, in its sole discretion, that a greater potential
    13     for environmental degradation would be remediated by a
    14     proposal for another site.
    15         (4)  Grant recipients shall apply funds received from the
    16     department under this section only to those purposes and
    17     activities authorized by contract with the department or
    18     otherwise approved by the department.
    19     (d)  Required grants.--The department shall not award a grant
    20  under this section to any person or municipality which has
    21  contributed in any manner to the creation of a waste tire pile.
    22     (e)  Limitation.--Grants under this section shall not be used
    23  for the purchase of equipment.
    24     (f)  Lapse of grant.--A grant offering under this chapter
    25  shall lapse automatically if funds for the grant are not
    26  encumbered within one year of the offering. The department may,
    27  in its sole discretion, reoffer the grant, offer the grant for
    28  the remediation of that site to another entity which submitted a
    29  proposal, or announce the solicitation for new proposals for
    30  that site.
    19950H1929B4201                 - 13 -

     1     (g)  Lapse of encumbered funds.--Grant funds that have been
     2  encumbered shall lapse automatically to the Waste Tire Pile       <--
     3  Remediation Fund USED TIRE PILE REMEDIATION RESTRICTED ACCOUNT    <--
     4  if the funds are not expended by the grantee within two years
     5  after they have been encumbered. The department may, upon
     6  written request from the grantee, extend the two-year period for
     7  an additional period not to exceed three months.
     8     (h)  Availability of funds.--All obligations of the
     9  Commonwealth under this section are contingent upon the
    10  availability of funds under section 10 110.                       <--
    11  Section 12 112.  Report to General Assembly.                      <--
    12     The department shall submit a report to the General Assembly
    13  concerning the implementation of this act, the success of the     <--
    14  waste tire registration and recordkeeping system and the
    15  reduction of stockpiled waste tires not later than three years
    16  after the implementation of this act.
    17  Section 13 113.  Commonwealth recycling and use of waste tires.   <--
    18     (a)  Use of waste tires by Commonwealth agencies.--Within two
    19  years after the effective date of this act, the Department of
    20  Conservation and Natural Resources, the Department of
    21  Environmental Protection and the Department of Transportation
    22  shall, to the maximum extent practicable and feasible, give due
    23  consideration and preference to the use of waste tires in all     <--
    24  APPROPRIATE construction and engineering activities which are     <--
    25  paid with public funds.
    26     (b)  Reports.--Within three years after the effective date of
    27  this act, the Department of Conservation and Natural Resources,
    28  the Department of Environmental Protection and the Department of
    29  Transportation shall submit a report to the Environmental
    30  Resources and Energy Committee of the Senate and the
    19950H1929B4201                 - 14 -

     1  Environmental Resources and Energy Committee of the House of
     2  Representatives concerning the implementation of this section.
     3  The report shall include a description of what actions the
     4  agencies have taken in the previous two years to implement this
     5  section.
     6  Section 14 114.  Demonstration projects.                          <--
     7     Within one year of the effective date of this act the
     8  Secretary of Transportation shall establish not less than six
     9  demonstration projects which use asphalt modified with product
    10  derived from waste tires for road repair and construction. The
    11  projects shall test the performance of the modified asphalt
    12  under various climates and use conditions. These projects shall
    13  be in addition to any other projects previously established.
    14  Additionally, the Secretary of Transportation shall give due
    15  consideration and preference for TO the use of waste tires in     <--
    16  transportation-related civil engineering applications throughout
    17  this Commonwealth. The Secretary of Transportation shall report
    18  annually to the General Assembly study results of each
    19  demonstration project and on the usage of waste tires in
    20  transportation-related civil engineering applications.
    21  Section 15.  Effective date.
    22     This act shall take effect immediately.
    23                             CHAPTER 2                              <--
    24                    SMALL BUSINESS AND HOUSEHOLD
    25                    POLLUTION PREVENTION PROGRAM
    26  SECTION 201.  SHORT TITLE OF CHAPTER.
    27     THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE SMALL
    28  BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM ACT.
    29  SECTION 202.  LEGISLATIVE FINDINGS.
    30     THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
    19950H1929B4201                 - 15 -

     1         (1)  IT IS THE GOAL OF THE COMMONWEALTH TO ACHIEVE A GOAL
     2     OF ZERO DISCHARGE OF POLLUTANTS INTO OUR AIR, WATER AND LAND.  <--
     3     THIS GOAL WILL NOT BE ACHIEVED WITH TRADITIONAL METHODS OF
     4     REGULATING POLLUTANTS AFTER THEY ARE GENERATED. THROUGH        <--
     5     VOLUNTARY POLLUTION PREVENTION MEASURES, RECOGNIZING THIS
     6     GOAL MAY NOT BE COMPLETELY ACHIEVABLE BY SOME.
     7         (2)  EDUCATION, DEMONSTRATION PROJECT AND TECHNICAL
     8     ASSISTANCE PROGRAMS ON POLLUTION PREVENTION ARE ESSENTIAL TO
     9     HELP SMALL AND MEDIUM SIZED BUSINESSES ACHIEVE THE ZERO
    10     DISCHARGE GOAL AND HELP THE PUBLIC CONSERVE RESOURCES, REDUCE
    11     THE VOLUME AND TOXICITY OF WASTES, AND RECYCLE OR RECLAIM
    12     WASTES.
    13         (3)  HAZARDOUS AND OTHER WASTES GENERATED BY SMALL
    14     BUSINESSES AND HOUSEHOLDS MAY PRESENT DANGERS TO THE PUBLIC
    15     HEALTH AND THE ENVIRONMENT IF MANAGED IMPROPERLY. THESE
    16     DANGERS CAN BE GREATLY REDUCED BY POLLUTION PREVENTION
    17     TECHNIQUES, INCLUDING SOURCE REDUCTION, ENERGY CONSERVATION,
    18     WASTE MINIMIZATION, REDUCTION IN THE TOXICITY OF WASTES
    19     GENERATED, BENEFICIAL USE, REUSE, RECYCLING AND RECLAMATION.
    20         (4)  TRADITIONAL "END-OF-PIPE" POLLUTION CONTROL
    21     TECHNIQUES OFTEN RESULT IN THE TRANSFER OF POLLUTANTS FROM
    22     ONE ENVIRONMENTAL MEDIUM TO ANOTHER. POLLUTION PREVENTION AND
    23     SOURCE REDUCTION TECHNIQUES REDUCE POLLUTION FORMING IN THE
    24     FIRST PLACE AND LESSEN TRANSFERS BETWEEN AIR, WATER AND LAND.
    25  SECTION 203.  DEFINITIONS.
    26     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    27  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    28  CONTEXT CLEARLY INDICATES OTHERWISE:
    29     "COLLECTION CONTRACTOR."  A PERSON REGISTERED AND APPROVED BY
    30  THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND RETAINED BY A
    19950H1929B4201                 - 16 -

     1  SPONSOR TO OPERATE A WASTE COLLECTION EVENT FOR ELIGIBLE
     2  ENTITIES UNDER THIS CHAPTER.
     3     "COLLECTION EVENT."  AN EVENT OR PROGRAM THAT INCLUDES
     4  COLLECTION AND MANAGEMENT OF SOLID WASTES FROM ELIGIBLE ENTITIES
     5  UNDER THIS CHAPTER. THE TERM INCLUDES ONE-DAY WASTE COLLECTION
     6  PROGRAMS AND WASTE COLLECTION PROGRAMS THAT ARE DESIGNED FOR
     7  CONTINUOUS OR ONGOING OPERATION THROUGHOUT A DESIGNATED PERIOD
     8  OF TIME.
     9     "DEPARTMENT."  THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
    10  THE COMMONWEALTH AND ITS AUTHORIZED REPRESENTATIVES.
    11     "ELIGIBLE ENTITY."  A HOUSEHOLD, POLITICAL SUBDIVISION OR A
    12  SMALL BUSINESS.
    13     "HOUSEHOLD HAZARDOUS WASTE."  A WASTE WHICH WOULD BE
    14  CHEMICALLY OR PHYSICALLY CLASSIFIED AS A HAZARDOUS WASTE BUT IS
    15  EXCLUDED FROM REGULATION AS A HAZARDOUS WASTE PURSUANT TO THE
    16  REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
    17  BECAUSE IT IS GENERATED BY A HOUSEHOLD.
    18     "HOUSEHOLD HAZARDOUS WASTE FUNDING ACT."  THE ACT OF DECEMBER
    19  27, 1994 (P.L.1346, NO.155), KNOWN AS THE HOUSEHOLD HAZARDOUS
    20  WASTE FUNDING ACT.
    21     "POLLUTION PREVENTION ASSESSMENT."  AN EVALUATION DESIGNED TO
    22  IDENTIFY OPPORTUNITIES TO ELIMINATE AND REDUCE POLLUTION OR
    23  REUSE WASTE MATERIALS.
    24     "PROGRAM."  THE SMALL BUSINESS AND HOUSEHOLD POLLUTION
    25  PREVENTION PROGRAM.
    26     "SMALL BUSINESS."  A BUSINESS ENTITY THAT IS DEFINED AS A
    27  SMALL QUANTITY GENERATOR OR A CONDITIONALLY EXEMPT SMALL
    28  QUANTITY GENERATOR UNDER THE REGULATIONS OF THE DEPARTMENT OF
    29  ENVIRONMENTAL PROTECTION.
    30     "SOLID WASTE MANAGEMENT ACT."  THE ACT OF JULY 7, 1980
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     1  (P.L.380, NO.97).
     2     "SPONSOR."  A MUNICIPALITY, CORPORATION, PUBLIC UTILITY,
     3  TRADE ASSOCIATION, NOT-FOR-PROFIT CORPORATION, NOT-FOR-PROFIT
     4  ASSOCIATION OR OTHER PERSON SPONSORING A COLLECTION EVENT OR
     5  SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM FOR
     6  ELIGIBLE ENTITIES UNDER THIS CHAPTER.
     7     "UNIVERSAL WASTE."  HAZARDOUS WASTES THAT ARE MANAGED AS
     8  UNIVERSAL WASTE AS DEFINED BY THE HAZARDOUS WASTE REGULATIONS OF
     9  THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.
    10  SECTION 204.  SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION
    11                 PROGRAM.
    12     (A)  ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH THE SMALL
    13  BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM FOR
    14  EDUCATING AND PROVIDING ASSISTANCE TO SMALL BUSINESSES AND THE
    15  GENERAL PUBLIC IN POLLUTION PREVENTION AND THE PROPER MANAGEMENT
    16  OF SOLID AND HAZARDOUS WASTES GENERATED IN HOUSEHOLDS AND SMALL
    17  BUSINESSES.
    18     (B)  EDUCATIONAL MATERIALS.--THE DEPARTMENT SHALL DEVELOP
    19  EDUCATIONAL MATERIALS FOR THE OPERATION OF THE PROGRAM IN
    20  CONSULTATION WITH SMALL BUSINESSES, TRADE ASSOCIATIONS,
    21  EDUCATIONAL INSTITUTIONS AND APPROPRIATE ADVISORY COMMITTEES.
    22     (C)  PROGRAM CONCERNS.--THE PROGRAM SHALL INCLUDE EDUCATION,
    23  TRAINING AND TECHNICAL ASSISTANCE CONCERNING:
    24         (1)  SOURCE REDUCTION AND METHODS FOR CONDUCTING
    25     POLLUTION PREVENTION ASSESSMENTS TO ELIMINATE OR REDUCE THE
    26     VOLUME OR TOXICITY OF SOLID WASTES GENERATED.
    27         (2)  NATURAL RESOURCE AND ENERGY CONSERVATION.
    28         (3)  OPPORTUNITIES TO REDUCE ENVIRONMENTAL CONTAMINATION
    29     FROM AIR EMISSIONS AND WATER EFFLUENTS.
    30         (4)  OPPORTUNITIES TO BENEFICIALLY USE, REUSE, RECYCLE OR
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     1     RECLAIM SOLID WASTE MATERIALS.
     2         (5)  OPPORTUNITIES TO COLLECT AND MANAGE UNIVERSAL WASTES
     3     RECEIVED FROM SMALL BUSINESS AND THE GENERAL PUBLIC.
     4         (6)  OPPORTUNITIES TO DEVELOP AND APPLY ENVIRONMENTAL
     5     IMPROVEMENT TECHNOLOGIES AND METHODS.
     6         (7)  INFORMATION ON COMPLIANCE WITH APPLICABLE
     7     ENVIRONMENTAL PROTECTION LAWS, INCLUDING COMPLIANCE WITH
     8     SOLID WASTE MANAGEMENT REQUIREMENTS.
     9     (D)  TECHNICAL ASSISTANCE.--THE DEPARTMENT SHALL PROVIDE
    10  EDUCATIONAL MATERIALS AND TECHNICAL ASSISTANCE TO SPONSORS AND
    11  COLLECTION CONTRACTORS FOR THE OPERATION OF THE PROGRAMS AND
    12  COLLECTION EVENTS TO ENCOURAGE AND PROMOTE ALL ASPECTS OF
    13  POLLUTION PREVENTION.
    14     (E)  TECHNICAL ASSISTANCE FOR IMPLEMENTATION.--THE DEPARTMENT
    15  SHALL PROVIDE TECHNICAL ASSISTANCE TO SPONSORS AND COLLECTION
    16  CONTRACTORS TO IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO
    17  FACILITATE THE PROGRAM AND THE PROPER COLLECTION, TREATMENT,
    18  RECYCLING OR DISPOSAL OF HAZARDOUS WASTES GENERATED BY ELIGIBLE
    19  ENTITIES.
    20     (F)  SITE VISIT.--AT THE REQUEST OF A SMALL BUSINESS, THE
    21  DEPARTMENT MAY OFFER A POLLUTION PREVENTION SITE VISIT AT THE
    22  PLACE OF BUSINESS AND MAY PROVIDE ASSISTANCE ON COMPLIANCE WITH
    23  THE ENVIRONMENTAL PROTECTION LAWS ADMINISTERED BY THE DEPARTMENT
    24  AND GUIDANCE ISSUED BY THE DEPARTMENT ON POLLUTION PREVENTION.
    25     (G)  APPROPRIATIONS.--MONEYS ARE HEREBY APPROPRIATED UPON
    26  APPROVAL OF THE GOVERNOR TO THE DEPARTMENT FOR THE PURPOSES OF
    27  ADMINISTERING THIS CHAPTER FROM THE RECYCLING FUND CREATED BY
    28  SECTION 706 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101) KNOWN
    29  AS THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
    30  ACT, AND THE HAZARDOUS SITES CLEANUP FUND ESTABLISHED UNDER
    19950H1929B4201                 - 19 -

     1  SECTION 901 OF THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108),
     2  KNOWN AS THE HAZARDOUS SITES CLEANUP ACT. THE COMBINED TOTAL OF
     3  APPROPRIATIONS FROM THESE TWO FUNDS FOR THE PROGRAM SHALL NOT
     4  EXCEED $2,000,000 ANNUALLY. NO MORE THAN 3% OF THE FUNDS
     5  APPROPRIATED MAY BE EXPENDED BY THE DEPARTMENT FOR THE
     6  ADMINISTRATION OF THE PROGRAM.
     7     (H)  PRIVATE CONTRACT AUTHORIZATION.--THE DEPARTMENT MAY
     8  COOPERATE WITH AND MAY CONTRACT FOR SERVICES FROM PRIVATE AND
     9  OTHER ENTITIES AND IS AUTHORIZED TO MAKE GRANTS TO PRIVATE,
    10  GOVERNMENTAL AND OTHER ENTITIES TO IMPLEMENT THIS SECTION.
    11     (I)  DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM
    12  "SMALL BUSINESS" SHALL MEAN A BUSINESS WITH 100 OR FEWER
    13  EMPLOYEES OR A POLITICAL SUBDIVISION.
    14  SECTION 205.  SMALL BUSINESS HAZARDOUS WASTE COLLECTION PROGRAM.
    15     (A)  GENERAL RULE.--A SPONSOR MAY ESTABLISH A COLLECTION
    16  PROGRAM FOR THE COLLECTION AND MANAGEMENT OF SOLID WASTES
    17  GENERATED BY ELIGIBLE ENTITIES THROUGH COLLECTION EVENTS. EACH
    18  SPONSOR MUST REGISTER THE PROGRAM WITH THE DEPARTMENT AND
    19  RECEIVE APPROVAL OF THE DEPARTMENT PRIOR TO COMMENCING
    20  OPERATION.
    21     (B)  SITES.--COLLECTION EVENTS MAY BE CONDUCTED ON SITES
    22  SELECTED BY THE SPONSOR. SUCH SITES MAY BE ON PUBLIC OR PRIVATE
    23  PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNED, LEASED
    24  OR CONTROLLED BY THE COMMONWEALTH, ITS AGENCIES OR ITS POLITICAL
    25  SUBDIVISIONS. WRITTEN PERMISSION TO USE THE SITE FOR THE CONDUCT
    26  OF THE EVENT SHALL BE OBTAINED FROM THE OWNER PRIOR TO THE
    27  EVENT.
    28     (C)  LIABILITY.--AN OWNER WHO, WITHOUT CHARGE, PERMITS ANY
    29  PROPERTY TO BE USED AS A SITE FOR A COLLECTION EVENT SHALL NOT
    30  BE LIABLE FOR ANY DAMAGE, HARM OR INJURY TO ANY PERSON OR
    19950H1929B4201                 - 20 -

     1  PROPERTY WHICH RESULTS FROM THE USE OF THE PROPERTY AS A SITE
     2  FOR A COLLECTION EVENT. A SPONSOR OF A COLLECTION EVENT SHALL
     3  NOT BE LIABLE FOR ANY DAMAGE, HARM OR INJURY TO ANY PERSON OR
     4  PROPERTY WHICH RESULTS FROM THE OPERATION OF A COLLECTION EVENT.
     5     (D)  LIMITATION OF TYPE.--THE SPONSOR MAY LIMIT THE TYPES OF
     6  SOLID WASTES OR MATERIALS TO BE COLLECTED AT A COLLECTION EVENT
     7  IN ACCORDANCE WITH GUIDANCE ISSUED BY THE DEPARTMENT AND FURTHER
     8  LIMITATIONS DETERMINED AT THE DISCRETION OF THE SPONSOR. A SMALL
     9  BUSINESS ENTITY MAY BRING UP TO BUT NOT MORE THAN 1000 KILOGRAMS
    10  OF HAZARDOUS WASTE TO A COLLECTION EVENT OR COLLECTION EVENTS IN
    11  ANY CALENDAR MONTH FOR WASTE RECYCLING, TREATMENT OR DISPOSAL
    12  ARRANGED BY THE COLLECTION CONTRACTOR.
    13     (E)  FEES.--THE SPONSOR MAY ESTABLISH AND ASSESS REASONABLE
    14  FEES FROM ELIGIBLE ENTITIES FOR SERVICES PROVIDED IN CONNECTION
    15  WITH A COLLECTION EVENT.
    16     (F)  REGISTRATION AND APPROVAL.--THE SPONSOR MAY SELECT A
    17  COLLECTION CONTRACTOR TO OPERATE THE COLLECTION EVENT OR MAY
    18  OPERATE THE COLLECTION EVENT AS THE COLLECTION CONTRACTOR. EACH
    19  SPONSOR OR COLLECTION CONTRACTOR WHICH OPERATES A COLLECTION
    20  EVENT MUST FIRST BE REGISTERED AND APPROVED BY THE DEPARTMENT TO
    21  OPERATE COLLECTION EVENTS. THE DEPARTMENT SHALL ISSUE GUIDANCE
    22  FOR REGISTRATION REQUIREMENTS FOR THE OPERATION OF COLLECTION
    23  EVENTS.
    24     (G)  QUALIFICATIONS.--NO COLLECTION CONTRACTOR MAY BE
    25  SELECTED TO OPERATE A COLLECTION EVENT UNLESS THE CONTRACTOR CAN
    26  DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT ITS ABILITY TO
    27  COLLECT, PACKAGE, TRANSPORT AND DISPOSE OF SOLID WASTE COLLECTED
    28  UNDER THIS PROGRAM CONSISTENT WITH THE REQUIREMENTS OF THE SOLID
    29  WASTE MANAGEMENT ACT, THE ENVIRONMENTAL PROTECTION LAWS OF THIS
    30  COMMONWEALTH, THE REGULATIONS OF THE DEPARTMENT AND GUIDELINES
    19950H1929B4201                 - 21 -

     1  OR REGULATIONS UNDER THIS ACT.
     2     (H)  INELIGIBILITY.--A COLLECTION CONTRACTOR SHALL NOT BE
     3  ELIGIBLE TO OPERATE A COLLECTION EVENT IF THE DEPARTMENT FINDS
     4  THAT SUCH PERSON HAS SHOWN A LACK OF ABILITY OR A LACK OF INTENT
     5  TO COMPLY WITH THE SOLID WASTE MANAGEMENT ACT OR OTHER
     6  ENVIRONMENTAL PROTECTION LAWS OF THIS COMMONWEALTH, OTHER STATES
     7  OR THE UNITED STATES.
     8     (I)  GENERATOR.--A COLLECTION CONTRACTOR SHALL BE DEEMED TO
     9  BE THE GENERATOR OF HAZARDOUS WASTE COLLECTED AT THE EVENT WHICH
    10  IS SENT FOR TREATMENT, STORAGE OR DISPOSAL AT A PERMITTED
    11  HAZARDOUS WASTE MANAGEMENT FACILITY.
    12     (J)  POLLUTION PREVENTION.--THE COLLECTION CONTRACTOR SHALL
    13  PRACTICE AND ENCOURAGE POLLUTION PREVENTION AND SHALL RECYCLE OR
    14  RECLAIM COLLECTED SOLID WASTES TO THE GREATEST EXTENT
    15  PRACTICABLE.
    16     (K)  DOCUMENTATION.--IN CONDUCTING A COLLECTION EVENT UNDER
    17  THIS ACT, THE COLLECTION CONTRACTOR SHALL MANAGE WASTES AND
    18  OTHER MATERIALS RECEIVED AT A COLLECTION EVENT IN COMPLIANCE
    19  WITH THE ENVIRONMENTAL PROTECTION ACTS OF THIS COMMONWEALTH AND
    20  THE REGULATIONS AND GUIDANCE ISSUED THEREUNDER. THE SPONSOR AND
    21  THE COLLECTION CONTRACTOR SHALL PROVIDE DOCUMENTATION AND
    22  RECORDS OF AN EVENT AS REQUESTED BY THE DEPARTMENT.
    23     (L)  OPTIONAL PARTICIPATION.--THIS SECTION SHALL NOT BE        <--
    24  INTERPRETED AS REQUIRING A SMALL BUSINESS TO PARTICIPATE IN A
    25  SMALL BUSINESS HAZARDOUS WASTE COLLECTION PROGRAM, OR AS
    26  PROHIBITING A SMALL BUSINESS FROM DISPOSING OF ITS HAZARDOUS
    27  WASTE UNDER OTHER APPLICABLE PROVISIONS ESTABLISHED UNDER THE
    28  ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE
    29  MANAGEMENT ACT.
    30  SECTION 206.  HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
    19950H1929B4201                 - 22 -

     1     (A)  COLLECTION EVENTS.--A SPONSOR MAY ESTABLISH A COLLECTION
     2  EVENT FOR THE PURPOSE OF COLLECTING AND MANAGING SOLID WASTE
     3  GENERATED BY HOUSEHOLDS THAT POSE A RISK TO THE PUBLIC HEALTH,
     4  SAFETY OR THE ENVIRONMENT IF MANAGED AS PART OF THE MUNICIPAL
     5  WASTE STREAM. A COLLECTION EVENT DESIGNED FOR HOUSEHOLD
     6  HAZARDOUS WASTE SHALL MEET THE STANDARDS AND REQUIREMENTS OF
     7  SECTION 205. A SPONSOR MAY OPERATE A COLLECTION EVENT
     8  EXCLUSIVELY FOR HOUSEHOLD HAZARDOUS WASTE, EXCLUSIVELY FOR SMALL
     9  BUSINESS WASTE OR FOR SPECIFIED WASTES FROM ELIGIBLE ENTITIES.
    10     (B)  HAZARDOUS WASTE.--A COLLECTION EVENT THAT INCLUDES
    11  COLLECTION OF HOUSEHOLD HAZARDOUS WASTE SHALL PROVIDE
    12  EDUCATIONAL MATERIALS THAT EMPHASIZE HOME SAFETY, FIRE
    13  PREVENTION AND POLLUTION PREVENTION IN THE HOME, INCLUDING
    14  SOURCE REDUCTION THROUGH THE USE OF ALTERNATIVE LESS TOXIC
    15  PRODUCTS, RECYCLING AND PROPER DISPOSAL METHODS FOR WASTE
    16  MATERIALS THAT CANNOT BE RECYCLED. WASTE MATERIALS COLLECTED
    17  FROM HOUSEHOLDS SHALL BE APPROPRIATELY REUSED OR RECYCLED TO THE
    18  GREATEST EXTENT PRACTICABLE. THE DEPARTMENT SHALL ISSUE GUIDANCE
    19  ON PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTE.
    20  SECTION 207.  MANAGEMENT OF SMALL BUSINESS HAZARDOUS WASTE.
    21     (A)  REGULATIONS.--THE ENVIRONMENTAL QUALITY BOARD MAY
    22  PROMULGATE REGULATIONS AS NEEDED TO IMPLEMENT THIS CHAPTER.
    23     (B)  MUNICIPAL AND RESIDUAL WASTE LANDFILLS.--THE DEPARTMENT
    24  SHALL NOT APPROVE APPLICATIONS FOR PERMIT MODIFICATIONS FOR
    25  MUNICIPAL OR RESIDUAL WASTE LANDFILLS THAT PROPOSE TO ACCEPT AND
    26  DISPOSE OF ANY HAZARDOUS WASTE.
    27  SECTION 208.  GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION
    28                 PREVENTION PROGRAMS.
    29     (A)  GENERAL RULE.--THE DEPARTMENT IS AUTHORIZED TO PROVIDE
    30  GRANTS TO COUNTIES UNDER SECTION 901 OF THE ACT OF JULY 28, 1988
    19950H1929B4201                 - 23 -

     1  (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING,
     2  RECYCLING AND WASTE REDUCTION ACT, TO REIMBURSE A COUNTY FOR
     3  ELIGIBLE COSTS FOR EDUCATION PROGRAMS ON POLLUTION PREVENTION OR
     4  FOR PROVIDING OTHER TECHNICAL ASSISTANCE TO SMALL BUSINESS FOR
     5  THE PURPOSE OF THIS CHAPTER.
     6     (B)  EDUCATION PROGRAMS.--THE GRANT TO ANY COUNTY UNDER THIS
     7  SECTION MAY REIMBURSE THE COUNTY FOR UP TO 80% OF THE APPROVED
     8  COST OF EDUCATION PROGRAMS ON POLLUTION PREVENTION OR FOR
     9  PROVIDING TECHNICAL ASSISTANCE TO SMALL BUSINESS FOR THE
    10  PURPOSES OF THIS CHAPTER.
    11     (C)  RESTRICTIONS.--GRANTS PAID UNDER THIS SUBSECTION SHALL
    12  BE SUBJECT TO THE RESTRICTIONS OF THE MUNICIPAL WASTE PLANNING,
    13  RECYCLING AND WASTE REDUCTION ACT, INCLUDING SECTIONS 706, 901
    14  AND 905 OF THAT ACT, AND THE APPLICABLE REGULATIONS OF THE
    15  DEPARTMENT.
    16     (D)  ELIGIBLE COSTS.--ELIGIBLE COSTS UNDER THIS SECTION MAY
    17  INCLUDE COSTS INCURRED BY A COUNTY BY CONTRACT WITH ANOTHER
    18  SPONSOR OR OTHER PERSON SELECTED BY THE COUNTY TO OPERATE THE
    19  PROGRAM UNDER THIS CHAPTER. THE DEPARTMENT SHALL ISSUE GUIDANCE
    20  FOR COUNTIES IN THE OPERATION OF THE PROGRAM AND FOR ELIGIBILITY
    21  REQUIREMENTS FOR GRANTS ADMINISTERED UNDER THIS SUBSECTION.
    22  SECTION 209.  GRANTS FOR COLLECTION EVENTS.
    23     (A)  RESTRICTED REVENUE ACCOUNT.--THE DEPARTMENT IS
    24  AUTHORIZED TO ADMINISTER SPECIFICALLY APPROPRIATED FUNDS
    25  DEPOSITED WITHIN THE RESTRICTED REVENUE ACCOUNT CREATED UNDER
    26  SECTION 4(B) OF THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT WITHIN
    27  THE RECYCLING FUND ESTABLISHED UNDER SECTION 706 OF THE ACT OF
    28  JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE
    29  PLANNING, RECYCLING AND WASTE REDUCTION ACT. NO MORE THAN 3% OF
    30  THE FUNDS TRANSFERRED INTO THE RESTRICTED REVENUE ACCOUNT UNDER
    19950H1929B4201                 - 24 -

     1  SECTION 4(B) OF THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT MAY BE
     2  EXPENDED BY THE DEPARTMENT FOR THE ADMINISTRATION OF THESE
     3  PROGRAMS.
     4     (B)  GRANT ELIGIBILITY.--GRANTS APPROVED UNDER THIS SECTION
     5  MAY BE PAID TO A REGISTERED SPONSOR OF A COLLECTION EVENT,
     6  INCLUDING SPONSORS OTHER THAN MUNICIPALITIES. THE DEPARTMENT IS
     7  AUTHORIZED TO REIMBURSE SPONSORS FOR ELIGIBLE COSTS INCURRED
     8  AFTER THE EFFECTIVE DATE OF THIS CHAPTER FOR THE OPERATION OF
     9  COLLECTION EVENTS FOR ELIGIBLE ENTITIES UNDER THIS CHAPTER.
    10     (C)  MATCHING REQUIREMENT.--THE FUNDS ADMINISTERED BY THE
    11  DEPARTMENT UNDER THIS SECTION MAY BE EXPENDED BY THE DEPARTMENT
    12  ONLY TO THE EXTENT THAT THE GRANT AMOUNT HAS BEEN MATCHED, AT
    13  LEAST DOLLAR FOR DOLLAR IN VALUE, BY THE GRANT APPLICANT.
    14  SPONSORS OF A COLLECTION EVENT ARE HEREBY AUTHORIZED TO RECEIVE
    15  ALL OR PART OF THE REQUIRED MATCHING FUNDS FROM MANUFACTURERS OR
    16  OTHER PERSONS.
    17     (D)  OTHER LIMITATIONS.--NO MORE THAN $100,000 PER FISCAL
    18  YEAR MAY BE EXPENDED BY THE DEPARTMENT FOR COLLECTION EVENTS IN
    19  ANY ONE COUNTY.
    20                             CHAPTER 3
    21                      MISCELLANEOUS PROVISIONS
    22  SECTION 301.  REPEALS.
    23     (A)  ABSOLUTE REPEALS.--THE FOLLOWING ACTS AND PARTS OF ACTS
    24  ARE REPEALED:
    25     SECTION 1512 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101),
    26  KNOWN AS THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE
    27  REDUCTION ACT.
    28     SECTION 3(E) AND 5 OF THE ACT OF DECEMBER 27, 1994 (P.L.1346,
    29  NO.155), KNOWN AS THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT.
    30     (B)  INCONSISTENT.--STANDARDS FOR MANAGEMENT OF HOUSEHOLD
    19950H1929B4201                 - 25 -

     1  HAZARDOUS WASTE UNDER THE HOUSEHOLD HAZARDOUS WASTE FUNDING ACT
     2  AND THE REGULATIONS OF THE DEPARTMENT UNDER 25 PA. CODE CH. 272
     3  ARE REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THE
     4  PROVISIONS OF THIS ACT AND REGULATIONS OF THE DEPARTMENT ISSUED
     5  UNDER THIS ACT.
     6  SECTION 302.  EFFECTIVE DATE.
     7     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
















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