PRINTER'S NO.  329

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

347

Session of

2011

  

  

INTRODUCED BY BROWNE, FONTANA, ORIE, RAFFERTY, WASHINGTON, SOLOBAY, BOSCOLA AND TARTAGLIONE, JANUARY 31, 2011

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 31, 2011  

  

  

  

AN ACT

  

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Restricting the location of waste disposal facilities near

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schools.

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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.  Short title.

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This act shall be known and may be cited as the Waste

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Disposal Facility Proximity to Schools Act.

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Section 2.  Legislative findings.

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The General Assembly, conscious of the public health concerns

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relating to air pollution and other deleterious effects of

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various types of waste disposal, finds that the public health,

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safety and welfare of school students will be served by placing

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restrictions on issuing permits for the construction and

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operation of waste disposal facilities in close proximity to

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school buildings.

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Section 3.  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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"School entity."  A school district, joint school district,

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intermediate unit, area vocational-technical school or charter

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school within this Commonwealth.

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"Waste disposal facility."  Any waste incinerator, waste

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treatment facility, solid waste landfill or other operation

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disposing of waste which is required to be permitted by the

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Department of Environmental Protection under the act of January

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8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution

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Control Act, or the act of July 7, 1980 (P.L.380, No.97), known

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as the Solid Waste Management Act.

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Section 4.  Prohibition of waste disposal facility near schools.

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(a)  New construction.--On and after the effective date of

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this section, the Department of Environmental Protection may not

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issue a permit for any new waste disposal facility within 1,000

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yards of a building which is owned or operated by a school

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entity or a nonpublic or private school.

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(b)  Modifications.--Any modification, extension, addition or

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renewal of existing permitted facilities may not bring the

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existing permitted facility closer to a building owned or

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operated by a school entity or a nonpublic or private school.

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Section 5.  Exceptions.

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This act shall not apply to:

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(1)  Waste disposal facilities which received permits

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before the effective date of this section.

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(2)  Waste disposal facilities proposed to be utilized by

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municipalities or authorities and which before the effective

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date of this section have entered into contracts for the

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construction of such facilities or completed an escrow or

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permanent bond financing.

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(3)  Waste disposal facilities proposed to be utilized by

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more than one municipality, for which municipalities have

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executed intermunicipal pacts and have expended public funds

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prior to the effective date of this section.

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Section 10.  Effective date.

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This act shall take effect immediately.

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