THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GOODMAN, BELFANTI, BOBACK, BRENNAN, CONKLIN, GEORGE, GIBBONS, GILLESPIE, HENNESSEY, KULA, McGEEHAN, McILVAINE SMITH, MILNE, MOUL, MUNDY, MURPHY, MURT, M. O'BRIEN, PHILLIPS, PRESTON, SIPTROTH, STEVENSON, SWANGER AND YOUNGBLOOD, MAY 6, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 6, 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," further providing for site

limitations. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 511(a) of the act of July 28, 1988

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

Recycling and Waste Reduction Act, is amended to read:

Section 511.  Site limitation.

(a)  General rule.--The department shall not issue a permit

for, nor allow the operation of, a new municipal waste landfill,

a new commercial residual waste treatment facility or a new

resource recovery facility within 300 yards of a building which

is owned by a school district or a parochial school and used for

instructional purposes, parks or playgrounds existing prior to

the date the department has received an administratively

complete application for a permit for such facilities. A new

municipal waste or residual waste landfill may not be permitted

to operate within 2,500 feet of a public water supply. This

subsection shall not affect any modification, extension,

addition or renewal of existing permitted facilities.

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