PRINTER'S NO. 3410
No. 2513 Session of 1998
INTRODUCED BY McNAUGHTON, APRIL 21, 1998
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 21, 1998
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," providing
18 for a moratorium on the issuance of permits for municipal
19 waste disposal facilities.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of July 7, 1980 (P.L.380, No.97), known
23 as the Solid Waste Management Act, is amended by adding a
24 section to read:
25 Section 509. Moratorium on permitting municipal waste disposal
26 facilities.
1 (a) General rule.--Notwithstanding any other provision of
2 law, the department shall immediately cease reviewing
3 applications and cease issuing permits under this act for the
4 construction of new, or the expansion of existing, municipal
5 waste disposal facilities until the department has developed,
6 implemented and received Environmental Protection Agency
7 approval for, a State Solid Waste Management Plan as required by
8 the Federal Solid Waste Disposal Act (Public Law 89-272, 42
9 U.S.C. §§ 6941 through 6949).
10 (b) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Department." The Department of Environmental Protection of
14 the Commonwealth.
15 "Municipal waste disposal facility." A landfill or an
16 incinerator used or capable of being used for the disposal of
17 municipal waste.
18 Section 2. This act shall take effect immediately.
D15L35DGS/19980H2513B3410 - 2 -