PRINTER'S NO. 2451
No. 1906 Session of 1989
INTRODUCED BY GEORGE, HASAY, JAROLIN, KUKOVICH, FEE, DeWEESE,
J. L. WRIGHT, STABACK, S. H. SMITH, JADLOWIEC, ARGALL,
YANDRISEVITS, DISTLER, COLAIZZO, STISH, TIGUE, MORRIS,
DOMBROWSKI, BELARDI, VEON, MARKOSEK, TANGRETTI, HERMAN,
FLEAGLE, LEH, PESCI, HECKLER, MELIO, PRESTON, LLOYD, BLAUM,
CAWLEY, HALUSKA, VAN HORNE AND BILLOW, SEPTEMBER 27, 1989
REFERRED TO COMMITTEE ON CONSERVATION, SEPTEMBER 27, 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," prohibiting municipal waste
16 landfills from accepting certain materials.
17 The General Assembly finds and declares as follows:
18 (1) It is the goal of the Commonwealth to minimize
19 unnecessary uses of land for solid waste management by
20 reducing the amount of solid waste disposed of in landfills
21 by at least 25% through recycling projects.
22 (2) Of the total amount of waste deposited in landfills
23 within this Commonwealth, 20% is waste imported from other
1 states.
2 (3) It is economically and environmentally beneficial to
3 remove and recover useful components of the waste stream to
4 eliminate unnecessary disposal, thereby conserving the
5 natural resources of this Commonwealth.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of July 28, 1988 (P.L.556, No.101), known
9 as the Municipal Waste Planning, Recycling and Waste Reduction
10 Act, is amended by adding a section to read:
11 Section 514. Acceptance of certain materials prohibited.
12 (a) Programs required for disposal.--Within one year after
13 the effective date of this section, and notwithstanding any
14 other provision of law, the governing body of each county shall
15 prohibit the disposal of any waste generated outside the county
16 at a municipal waste landfill located within the county, unless
17 the generator of the waste is actively engaged in a recycling
18 program that is at least as comprehensive as the recycling
19 programs required by section 1501 and in a household hazardous
20 waste collection and disposal program.
21 (b) Certification of removal of recyclable materials and
22 household hazardous wastes.--Any person who disposes of waste at
23 a municipal waste landfill within a county shall certify in
24 writing to the governing body of the county that all recyclable
25 materials and household hazardous wastes were removed from the
26 waste prior to disposal of the waste at the facility. The
27 governing body of the county shall retain the certification and
28 a copy shall be provided to the department and the municipal
29 waste landfill operator.
30 (c) Screening of waste.--Within one year after the effective
19890H1906B2451 - 2 -
1 date of this section, solid waste shall be screened by each
2 municipal waste landfill operator to insure that, to the maximum
3 feasible extent, materials that are required to be recycled and
4 household hazardous wastes are not disposed of at the facility.
5 Materials that are required to be recycled shall include, but
6 not be limited to, clear glass, colored glass, aluminum, steel
7 and bimetallic cans, high-grade office paper, newsprint,
8 corrugated paper and plastics.
9 (d) Cessation order.--Disposal of materials that are
10 required to be recycled or household hazardous wastes shall be
11 cause for the issuance of a cessation order preventing continued
12 receipt of solid wastes at the facility.
13 (e) Definition.--As used in this section, the term
14 "household hazardous waste" means any waste that would be
15 considered hazardous under the Solid Waste Management Act, but
16 for the fact that it is produced in quantities smaller than
17 those regulated under that act and is generated by persons not
18 otherwise covered by that act. At the discretion of the
19 department, the term may include used oil.
20 Section 2. This act shall take effect in 30 days.
I19L27JLW/19890H1906B2451 - 3 -