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PRIOR PRINTER'S NO. 319
PRINTER'S NO. 1818
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
342
Session of
2019
INTRODUCED BY CRUZ, YOUNGBLOOD, BURGOS, McCLINTON, HILL-EVANS,
MURT AND BULLOCK, FEBRUARY 1, 2019
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 14, 2019
AN ACT
Amending the act of December 1, 2004 (P.L.1766, No.227),
entitled "An act authorizing cities of the first class that
have adopted a home rule charter to enforce ordinances, rules
and regulations prohibiting dumping or disposal of waste,
trash or debris," further providing for enforcement of trash
laws.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of December 1, 2004
(P.L.1766, No.227), entitled "An act authorizing cities of the
first class that have adopted a home rule charter to enforce
ordinances, rules and regulations prohibiting dumping or
disposal of waste, trash or debris," is amended to read:
Section 1. Enforcement of trash laws.
(a) General rule.--Notwithstanding any contrary provision of
law set forth in the act of April 21, 1949 (P.L.665, No.155),
known as the First Class City Home Rule Act, a city of the first
class that has adopted a home rule charter pursuant to that act
may enforce ordinances, rules and regulations relating to:
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(1) short dumping by the imposition of a fine or penalty
of not more than $5,000 and by the forfeiture of any
property, including any vehicle, used to violate that act,
regardless of the value of the property[.]; and
(2) disposal of waste tires by the imposition of a fine
or penalty of $5,000 NO MORE THAN $500 per tire.
(b) Suspension of operating privileges.--A city of the first
class that imposes a fine or penalty against a person under
subsection [(a)] (a)(1) shall notify the Department of
Transportation. On receipt of such notification, the Department
of Transportation shall suspend the operating privileges of the
person granted under 75 Pa.C.S. (relating to vehicles) for a
period of six months.
[(c) Definitions.--As used in this section, "short dumping"
means activity by which an owner or operator, or an agent of
either, of a trash, garbage or debris collection vehicle,
including private automobiles and small trucks, or any other
type of vehicles used to collect or transport trash, garbage or
debris knowingly causes to be deposited or deposits the
vehicle's load or any part thereof on any road, street, highway,
alley or railroad right-of-way or on the land of another or into
the waters of this Commonwealth.]
(b.1) Documentation and recordkeeping.--A city of the first
class may require documentation and recordkeeping by business
entities that provide whole used or waste tires to a waste tire
hauler or that accepts whole used or waste tires from a waste
tire hauler to ensure proper disposal of waste tires. The
documentation and recordkeeping shall be retained for a minimum
of five years. The following apply:
(1) The documentation and recordkeeping shall include
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the number of waste tires received in exchange for tires
sold.
(2) If the person is using a waste tire hauler, the
documentation and recordkeeping requirements shall be the
same as the requirements under section 106.2 of the act of
December 19, 1996 (P.L.1478, No.190), entitled "An act
relating to the recycling and reuse of waste tires; providing
for the proper disposal of waste tires and the cleanup of
stockpiled tires; authorizing investment tax credits for
utilizing waste tires; providing remediation grants for the
cleanup of tire piles and for pollution prevention programs
for small business and households; establishing the Small
Business and Household Pollution Prevention Program and
management standards for small business hazardous waste;
providing for a household hazardous waste program and for
grant programs; making appropriations; and making repeals."
(3) If the person or business transports waste tires for
disposal without the use of a waste tire hauler, the
documentation and recordkeeping shall include the number of
waste tires transported and the location where the waste
tires were transported and disposed.
(b.2)
(B.1) RECORDS TO BE RETAINED BY BUSINESSES THAT DISPOSE OF
WASTE TIRES.--A BUSINESS ENTITY IN A CITY OF THE FIRST CLASS
THAT ACCEPTS USED TIRES FOR DISPOSAL SHALL MAINTAIN A LIST OF
HOW MANY TIRES THE BUSINESS ENTITY ACCEPTED AND RETAIN PROOF OF
DISPOSAL IN THE FORM OF A RECEIPT FROM AN AUTHORIZED WASTE TIRE
RECYCLING FACILITY, AS EVIDENCE OF PROPER DISPOSAL OF ANY TIRES
ACCEPTED BY THE BUSINESS ENTITY. THE BUSINESS ENTITY SHALL
MAINTAIN ALL RECORDS FOR A MINIMUM OF 5 YEARS AND MAKE THE
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RECORDS AVAILABLE TO THE CITY AT THE CITY'S REQUEST. THE
BUSINESS ENTITY SHALL RETAIN THE RECORDS ELECTRONICALLY.
(B.2) RECORD REVIEW.--A CITY OF THE FIRST CLASS MAY REVIEW
THE RECORDS OF A BUSINESS ENTITY THAT ACCEPTS WASTE TIRES FOR
DISPOSAL. THE CITY MAY REQUEST THAT THE BUSINESS ENTITY SUBMIT A
COPY OF THE BUSINESS ENTITY'S RECORDS ELECTRONICALLY OR PROVIDE
THE CITY WITH A HARD COPY OF THE RECORDS AS PROOF THAT THE
BUSINESS ENTITY COMPLIED WITH THIS ACT THROUGH THE PROPER
DISPOSAL OF ALL WASTE TIRES RECEIVED BY THE BUSINESS ENTITY.
(B.3) APPEAL.--A BUSINESS ENTITY FINED BY A CITY OF THE
FIRST CLASS UNDER THIS SECTION SHALL HAVE THE RIGHT TO APPEAL A
FINE LEVIED BY THE CITY TO THE COURT OF COMMON PLEAS.
(B.4) Waste tire enforcement.--A city of the first class
that imposes a fine or penalty under subsection (a)(2) shall
utilize the money collected to:
(1) encourage recycling;
(2) expand waste tire disposal programs within a city of
the first class in accordance with the Waste Tire Recycling
Act; and
(3) enforce compliance with this act.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disposal." The dumping, spilling or placing of whole used
or waste tires into or on the land or water in a manner that the
tires or a constituent of the tires enters the environment.
"Short dumping." Activity by which an owner or operator, or
an agent thereof, of a trash, garbage or debris collection
vehicle, including private automobiles and small trucks or any
other type of vehicle used to collect or transport trash,
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garbage or debris, knowingly causes to be deposited or deposits
the vehicle's load or any part thereof on any road, street,
highway, alley or railroad right-of-way, on the land of another
or into the waters of this Commonwealth.
"Waste tire." A tire that is no longer used for the purpose
for which it was originally intended. The term includes a tire
that has been discarded by an owner or user , AND IS NOT RESOLD
FOR USE OR RECYCLED, though the tire may have some remaining
useful life. A tire becomes a waste tire when it is discarded by
an owner or user AND IS NOT RESOLD FOR USE OR RECYCLED .
"WASTE TIRE RECYCLING FACILITY." AS DEFINED IN SECTION 104
OF THE ACT OF DECEMBER 19, 1996 (P.L.1478, NO.190), ENTITLED "AN
ACT R ELATING TO THE RECYCLING AND REUSE OF WASTE TIRES;
PROVIDING FOR THE PROPER DISPOSAL OF WASTE TIRES AND THE CLEANUP
OF STOCKPILED TIRES; AUTHORIZING INVESTMENT TAX CREDITS FOR
UTILIZING WASTE TIRES; PROVIDING REMEDIATION GRANTS FOR THE
CLEANUP OF TIRE PILES AND FOR POLLUTION PREVENTION PROGRAMS FOR
SMALL BUSINESS AND HOUSEHOLDS; ESTABLISHING THE SMALL BUSINESS
AND HOUSEHOLD POLLUTION PREVENTION PROGRAM AND MANAGEMENT
STANDARDS FOR SMALL BUSINESS HAZARDOUS WASTE; PROVIDING FOR A
HOUSEHOLD HAZARDOUS WASTE PROGRAM AND FOR GRANT PROGRAMS; MAKING
APPROPRIATIONS; AND MAKING REPEALS."
Section 2. This act shall take effect in 120 days.
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