PRINTER'S NO.  2280

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1768

Session of

2009

  

  

INTRODUCED BY WANSACZ, GOODMAN, EACHUS, CONKLIN, WILLIAMS, MUNDY, SIPTROTH, CARROLL AND PASHINSKI, JUNE 24, 2009

  

  

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 24, 2009  

  

  

  

AN ACT

  

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Amending the act of July 28, 1988 (P.L.556, No.101), entitled

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"An act providing for planning for the processing and

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disposal of municipal waste; requiring counties to submit

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plans for municipal waste management systems within their

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boundaries; authorizing grants to counties and municipalities

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for planning, resource recovery and recycling; imposing and

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collecting fees; establishing certain rights for host

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municipalities; requiring municipalities to implement

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recycling programs; requiring Commonwealth agencies to

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procure recycled materials; imposing duties; granting powers

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to counties and municipalities; authorizing the Environmental

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Quality Board to adopt regulations; authorizing the

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Department of Environmental Resources to implement this act;

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providing remedies; prescribing penalties; establishing a

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fund; and making repeals," further defining "host

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municipality"; and further providing for site limitations.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definition of "host municipality" in section

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103 of the act of July 28, 1988 (P.L.556, No.101), known as the

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Municipal Waste Planning, Recycling and Waste Reduction Act, is

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amended to read:

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Section 103.  Definitions.

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The following words and phrases when used in this act shall

 


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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Host municipality."  [The municipality other than the county

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within which a municipal waste landfill or resource recovery

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facility is located or is proposed to be located.] A

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municipality other than a county that meets one of the following

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criteria:

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(1)  a municipality in which a commercial solid waste

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landfill or resource recovery facility or any portion of a

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permit area is located or proposed to be located; or

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(2)  a municipality located within one mile of the

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footprint of a permit area of a proposed new facility or the

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expansion of operations of a commercial solid waste landfill

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or resource recovery facility.

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* * *

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Section 2.  Section 511(a) of the act is amended to read:

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Section 511.  Site limitation.

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

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

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a new commercial residual waste treatment facility or a new

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resource recovery facility within 300 yards of a building which

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

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instructional purposes, parks or playgrounds existing prior to

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the date the department has received an administratively

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complete application for a permit for such facilities. A new

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municipal waste or residual waste landfill may not be permitted

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to operate within 2,500 feet of a municipal reservoir. This

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subsection shall not affect any modification, extension,

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addition or renewal of existing permitted facilities.

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* * *

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Section 3.  This act shall take effect in 60 days.

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