AN ACT

 

1Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2"An act providing for planning for the processing and
3disposal of municipal waste; requiring counties to submit
4plans for municipal waste management systems within their
5boundaries; authorizing grants to counties and municipalities
6for planning, resource recovery and recycling; imposing and
7collecting fees; establishing certain rights for host
8municipalities; requiring municipalities to implement
9recycling programs; requiring Commonwealth agencies to
10procure recycled materials; imposing duties; granting powers
11to counties and municipalities; authorizing the Environmental
12Quality Board to adopt regulations; authorizing the
13Department of Environmental Resources to implement this act;
14providing remedies; prescribing penalties; establishing a
15fund; and making repeals," further providing for site
16limitation.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 511(a) of the act of July 28, 1988
20(P.L.556, No.101), known as the Municipal Waste Planning,
21Recycling and Waste Reduction Act, is amended to read:

22Section 511. Site limitation.

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

1for, nor allow the operation of, a new municipal waste landfill,
2a new commercial residual waste treatment facility or a new
3resource recovery facility within 300 yards of a building which
4is owned by a school district or a parochial school and used for
5instructional purposes, parks or playgrounds existing prior to
6the date the department has received an administratively
7complete application for a permit for such facilities. A new 
8municipal waste, residual waste or construction and demolition 
9waste landfill may not be permitted to operate within one mile 
10of a reservoir that serves as a water source for a community 
11water system, as defined in section 3 of the act of May 1, 1984 
12(P.L.206, No.43), known as the Pennsylvania Safe Drinking Water 
13Act. This subsection shall not affect any modification,
14extension, addition or renewal of existing permitted facilities.

15* * *

16Section 2. This act shall take effect in 60 days.