PRINTER'S NO. 2040
No. 1638 Session of 1997
INTRODUCED BY REBER, GEORGE, S. H. SMITH, HENNESSEY, RUBLEY,
BARD, SCHULER AND LEH, JUNE 11, 1997
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 11, 1997
AN ACT
1 Providing for verification of compliance with local laws for
2 environmental permits.
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 Local
7 Compliance for Environmental Permits Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Environmental Protection of
13 the Commonwealth.
14 "Facility." A landfill or incinerator which is used or is
15 capable of being used for the disposal of hazardous waste,
16 municipal waste or residual waste.
17 "Hazardous waste." As defined in section 103 of the act of
1 July 7, 1980 (P.L.380, No.97), known as the Solid Waste
2 Management Act.
3 "Municipal waste." As defined in any of the following:
4 (1) The act of July 7, 1980 (P.L.380, No.97), known as
5 the Solid Waste Management Act.
6 (2) The act of July 28, 1988 (P.L.556, No.101), known as
7 the Municipal Waste Planning, Recycling and Waste Reduction
8 Act.
9 "Residual waste." As defined in any of the following:
10 (1) The act of July 7, 1980 (P.L.380, No.97), known as
11 the Solid Waste Management Act.
12 (2) The act of July 28, 1988 (P.L.556, No.101), known as
13 the Municipal Waste Planning, Recycling and Waste Reduction
14 Act.
15 Section 3. Permit review.
16 (a) General rule.--Except as set forth in subsection (b),
17 notwithstanding any other provision of law, the department shall
18 not accept for review a permit application for the establishment
19 for expansion of a facility unless the application contains
20 information verifying that the applicant is in compliance with
21 the applicable ordinances, resolutions and regulations of the
22 appropriate political subdivisions.
23 (b) Exception.--Subsection (a) shall not apply to an
24 ordinance, resolution or regulation which has been by preempted
25 by any of the following:
26 (1) The act of July 7, 1980 (P.L.380, No.97), known as
27 the Solid Waste Management Act.
28 (2) The act of July 28, 1988 (P.L.556, No.101), known as
29 the Municipal Waste Planning, Recycling and Waste Reduction
30 Act.
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1 (c) Effect.--A permit issued in violation of this section
2 shall be void.
3 Section 3. Effective date.
4 This act shall take effect in 60 days.
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