PRINTER'S NO. 1250
No. 1088 Session of 2005
INTRODUCED BY BROWNE, BAKER, CALTAGIRONE, CAWLEY, CRAHALLA,
CURRY, DIVEN, FREEMAN, GOODMAN, GRUCELA, LaGROTTA, MANN,
MUNDY, REICHLEY, SAINATO, B. SMITH, SURRA, E. Z. TAYLOR,
THOMAS, TIGUE, WALKO, WANSACZ AND YOUNGBLOOD, MARCH 24, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 24, 2005
AN ACT
1 Restricting the location of waste disposal facilities near
2 schools.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Waste
7 Disposal Facility Proximity to Schools Act.
8 Section 2. Legislative findings.
9 The General Assembly, conscious of the public health concerns
10 relating to air pollution and other deleterious effects of
11 various types of waste disposal, finds that the public health,
12 safety and welfare of school students will be served by placing
13 restrictions on issuing permits for the construction and
14 operation of waste disposal facilities in close proximity to
15 school buildings.
16 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "School entity." A school district, joint school district,
5 intermediate unit, area vocational-technical school or charter
6 school within this Commonwealth.
7 "Waste disposal facility." Any waste incinerator, waste
8 treatment facility, solid waste landfill or other operation
9 disposing of waste which is required to be permitted by the
10 Department of Environmental Protection under the act of January
11 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution
12 Control Act, or the act of July 7, 1980 (P.L.380, No.97), known
13 as the Solid Waste Management Act.
14 Section 4. Prohibition of waste disposal facility near schools.
15 (a) New construction.--On and after the effective date of
16 this section, the Department of Environmental Protection may not
17 issue a permit for any new waste disposal facility within 1,000
18 yards of a building which is owned or operated by a school
19 entity or a nonpublic or private school.
20 (b) Modifications.--Any modification, extension, addition or
21 renewal of existing permitted facilities may not bring the
22 existing permitted facility closer to a building owned or
23 operated by a school entity or a nonpublic or private school.
24 Section 5. Exceptions.
25 This act shall not apply to:
26 (1) Waste disposal facilities which received permits
27 before the effective date of this section.
28 (2) Waste disposal facilities proposed to be utilized by
29 municipalities or authorities and which before the effective
30 date of this section have entered into contracts for the
20050H1088B1250 - 2 -
1 construction of such facilities or completed an escrow or
2 permanent bond financing.
3 (3) Waste disposal facilities proposed to be utilized by
4 more than one municipality, for which municipalities have
5 executed intermunicipal pacts and have expended public funds
6 prior to the effective date of this section.
7 Section 6. Effective date.
8 This act shall take effect immediately.
A6L27DMS/20050H1088B1250 - 3 -