PRINTER'S NO. 733
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
645
Session of
2017
INTRODUCED BY RAFFERTY, BREWSTER, SCHWANK, COSTA AND YUDICHAK,
APRIL 20, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 20, 2017
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Resources to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," in
enforcement and remedies, further providing for criminal
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 606(f), (g) and (j) of the act of July 7,
1980 (P.L.380, No.97), known as the Solid Waste Management Act,
are amended and the section is amended by adding a subsection to
read:
Section 606. Criminal penalties.
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(f) Any person who stores, transports, treats, or disposes
of hazardous waste within the Commonwealth in violation of
section 401, or in violation of any order of the department
shall be guilty of a felony of the second degree and, upon
conviction, shall be sentenced to pay a fine of not less than
[$2,500] $7,500 but not more than $100,000 per day for each
violation or to imprisonment for not less than two years but not
more than ten years, or both.
(g) Any person who intentionally, knowingly or recklessly
stores, transports, treats, or disposes of hazardous waste
within the Commonwealth in violation of any provision of this
act, and whose acts or omissions cause pollution, a public
nuisance or bodily injury to any person, shall be guilty of a
felony of the first degree, and upon conviction, shall be
sentenced to pay a fine of not less than [$10,000] $20,000 but
not more than $500,000 per day for each violation or to a term
of imprisonment of not less than two years, but not more than 20
years, or both.
(g.1) (1) Any person or municipality that intentionally,
knowingly or recklessly processes or disposes of solid waste
within the Commonwealth in violation of this act, or in
violation of any rule or regulation of the department, any
order of the department, or any term or condition of any
permit:
(i) In the amount of 100 cubic yards or more but
less than 500 cubic yards shall be guilty of a
misdemeanor of the first degree and, upon conviction,
shall be sentenced to pay a fine of not less than $2,500
but not more than $25,000 per day for each violation or
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to imprisonment for a period not more than five years, or
both.
(ii) In the amount of 500 cubic yards or more shall
be guilty of a felony of the third degree and, upon
conviction, shall be sentenced to pay a fine of not less
than $5,000 but not more than $50,000 per day for each
violation or to imprisonment for not more than seven
years, or both.
(2) The quantity of waste involved in an offense under
this subsection shall be determined by the trier of fact. The
quantity of solid waste involved in offenses committed
pursuant to one scheme or course of conduct, whether at one
or several locations, may be aggregated in determining the
grading of the offense under paragraph (1).
* * *
(j) With respect to the offenses specified in subsections
(a), (b), (c), (d), (e), (f) [and], (g) and (g.1), it is the
legislative purpose to impose liability on corporations.
Section 2. This act shall take effect in 60 days.
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