THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BROWNE, FONTANA, ORIE, RAFFERTY, WASHINGTON, SOLOBAY, BOSCOLA AND TARTAGLIONE, JANUARY 31, 2011
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 31, 2011
Restricting the location of waste disposal facilities near
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Waste
Disposal Facility Proximity to Schools Act.
Section 2. Legislative findings.
The General Assembly, conscious of the public health concerns
relating to air pollution and other deleterious effects of
various types of waste disposal, finds that the public health,
safety and welfare of school students will be served by placing
restrictions on issuing permits for the construction and
operation of waste disposal facilities in close proximity to
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"School entity." A school district, joint school district,
intermediate unit, area vocational-technical school or charter
school within this Commonwealth.
"Waste disposal facility." Any waste incinerator, waste
treatment facility, solid waste landfill or other operation
disposing of waste which is required to be permitted by the
Department of Environmental Protection under the act of January
8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution
Control Act, or the act of July 7, 1980 (P.L.380, No.97), known
as the Solid Waste Management Act.
Section 4. Prohibition of waste disposal facility near schools.
(a) New construction.--On and after the effective date of
this section, the Department of Environmental Protection may not
issue a permit for any new waste disposal facility within 1,000
yards of a building which is owned or operated by a school
entity or a nonpublic or private school.
(b) Modifications.--Any modification, extension, addition or
renewal of existing permitted facilities may not bring the
existing permitted facility closer to a building owned or
operated by a school entity or a nonpublic or private school.
Section 5. Exceptions.
This act shall not apply to:
(1) Waste disposal facilities which received permits
before the effective date of this section.
(2) Waste disposal facilities proposed to be utilized by
municipalities or authorities and which before the effective
date of this section have entered into contracts for the
construction of such facilities or completed an escrow or
permanent bond financing.
(3) Waste disposal facilities proposed to be utilized by
more than one municipality, for which municipalities have
executed intermunicipal pacts and have expended public funds
prior to the effective date of this section.
Section 10. Effective date.
This act shall take effect immediately.