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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WANSACZ, GOODMAN, EACHUS, CONKLIN, WILLIAMS, MUNDY, SIPTROTH, CARROLL AND PASHINSKI, JUNE 24, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 24, 2009 |
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| AN ACT |
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1 | Amending the act of July 28, 1988 (P.L.556, No.101), entitled |
2 | "An act providing for planning for the processing and |
3 | disposal of municipal waste; requiring counties to submit |
4 | plans for municipal waste management systems within their |
5 | boundaries; authorizing grants to counties and municipalities |
6 | for planning, resource recovery and recycling; imposing and |
7 | collecting fees; establishing certain rights for host |
8 | municipalities; requiring municipalities to implement |
9 | recycling programs; requiring Commonwealth agencies to |
10 | procure recycled materials; imposing duties; granting powers |
11 | to counties and municipalities; authorizing the Environmental |
12 | Quality Board to adopt regulations; authorizing the |
13 | Department of Environmental Resources to implement this act; |
14 | providing remedies; prescribing penalties; establishing a |
15 | fund; and making repeals," further defining "host |
16 | municipality"; and further providing for site limitations. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. The definition of "host municipality" in section |
20 | 103 of the act of July 28, 1988 (P.L.556, No.101), known as the |
21 | Municipal Waste Planning, Recycling and Waste Reduction Act, is |
22 | amended to read: |
23 | Section 103. Definitions. |
24 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Host municipality." [The municipality other than the county |
5 | within which a municipal waste landfill or resource recovery |
6 | facility is located or is proposed to be located.] A |
7 | municipality other than a county that meets one of the following |
8 | criteria: |
9 | (1) a municipality in which a commercial solid waste |
10 | landfill or resource recovery facility or any portion of a |
11 | permit area is located or proposed to be located; or |
12 | (2) a municipality located within one mile of the |
13 | footprint of a permit area of a proposed new facility or the |
14 | expansion of operations of a commercial solid waste landfill |
15 | or resource recovery facility. |
16 | * * * |
17 | Section 2. Section 511(a) of the act is amended to read: |
18 | Section 511. Site limitation. |
19 | (a) General rule.--The department shall not issue a permit |
20 | for, nor allow the operation of, a new municipal waste landfill, |
21 | a new commercial residual waste treatment facility or a new |
22 | resource recovery facility within 300 yards of a building which |
23 | is owned by a school district or a parochial school and used for |
24 | instructional purposes, parks or playgrounds existing prior to |
25 | the date the department has received an administratively |
26 | complete application for a permit for such facilities. A new |
27 | municipal waste or residual waste landfill may not be permitted |
28 | to operate within 2,500 feet of a municipal reservoir. This |
29 | subsection shall not affect any modification, extension, |
30 | addition or renewal of existing permitted facilities. |
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1 | * * * |
2 | Section 3. This act shall take effect in 60 days. |
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