PRINTER'S NO. 2036
No. 1681 Session of 1989
INTRODUCED BY GEORGE, WOZNIAK, DOMBROWSKI, MICHLOVIC, TRELLO,
KOSINSKI, ITKIN, HALUSKA, HECKLER, HERMAN, LEH, S. H. SMITH,
COLAIZZO, CHADWICK, DALEY, COLE, BILLOW, RYBAK, STABACK,
LLOYD, DIETTERICK, RUDY, STUBAN, STISH, J. L. WRIGHT,
DISTLER, PESCI, PISTELLA, MORRIS, MELIO AND TRICH,
JUNE 13, 1989
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 13, 1989
AN ACT
1 Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2 "An act providing for planning for the processing and
3 disposal of municipal waste; requiring counties to submit
4 plans for municipal waste management systems within their
5 boundaries; authorizing grants to counties and municipalities
6 for planning, resource recovery and recycling; imposing and
7 collecting fees; establishing certain rights for host
8 municipalities; requiring municipalities to implement
9 recycling programs; requiring Commonwealth agencies to
10 procure recycled materials; imposing duties; granting powers
11 to counties and municipalities; authorizing the Environmental
12 Quality Board to adopt regulations; authorizing the
13 Department of Environmental Resources to implement this act;
14 providing remedies; prescribing penalties; establishing a
15 fund; and making repeals," further prohibiting the transport
16 of food and other materials in vehicles that transport
17 certain waste.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 1701(a) of the act of July 28, 1988
21 (P.L.556, No.101), known as the Municipal Waste Planning,
22 Recycling and Waste Reduction Act, is amended by adding a
23 paragraph to read:
1 Section 1701. Unlawful conduct.
2 (a) Offenses defined.--It shall be unlawful for any person
3 to:
4 * * *
5 (10) Transport any product, produce or any other
6 material intended for human consumption, in any vehicle that
7 has been used to transport any municipal, residual or
8 hazardous waste.
9 * * *
10 Section 2. Section 1715 of the act is amended to read:
11 Section 1715. Additional penalties.
12 (a) Vehicle forfeiture.--Any vehicle or conveyance used for
13 transportation or disposal of solid waste in the commission of
14 an offense under section 610(1) of the Solid Waste Management
15 Act or section 1701(a)(10) of this act shall be deemed
16 contraband and forfeited to the department. The provisions of
17 law relating to the seizure, summary and judicial forfeiture,
18 and condemnation of intoxicating liquor shall apply to seizures
19 and forfeitures under this section. Proceeds from the sale of
20 forfeited vehicles or conveyances shall be deposited in the
21 Solid Waste Abatement Fund.
22 (b) Responsibility for cost.--The operator of any vehicle or
23 conveyance forfeited under subsection (a) shall be responsible
24 for any costs incurred in properly disposing of waste in the
25 vehicle or conveyance.
26 Section 3. This act shall take effect immediately.
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