PRINTER'S NO. 369
No. 356 Session of 1999
INTRODUCED BY McNAUGHTON, S. H. SMITH, MASLAND, GEORGE, SATHER,
FEESE, STEIL, FAIRCHILD, GORDNER, E. Z. TAYLOR, BARD, LEH,
HORSEY, LEVDANSKY, SURRA, MARSICO, SERAFINI, GRUCELA AND
LAUGHLIN, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 8, 1999
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," providing
18 for a moratorium on the issuance of permits for municipal
19 waste disposal facilities.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of July 7, 1980 (P.L.380, No.97), known
23 as the Solid Waste Management Act, is amended by adding a
24 section to read:
25 Section 509. Moratorium on permitting municipal waste disposal
1 facilities.
2 (a) Notwithstanding any other provision of law, the
3 department shall immediately cease reviewing applications and
4 cease issuing permits under this act for the construction of
5 new, or the expansion of existing, municipal waste disposal
6 facilities until the department has developed, implemented and
7 received Environmental Protection Agency approval for, a State
8 Solid Waste Management Plan as required by the Federal Solid
9 Waste Disposal Act (Public Law 89-272, 42 U.S.C. §§ 6941 through
10 6949).
11 (b) As used in this section, the following words and phrases
12 shall have the meanings given to them in this subsection:
13 "Department." The Department of Environmental Protection of
14 the Commonwealth.
15 "Municipal waste disposal facility." A landfill or an
16 incinerator used or capable of being used for the disposal of
17 municipal waste.
18 Section 2. This act shall take effect immediately.
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