PRINTER'S NO. 2493
No. 1984 Session of 1999
INTRODUCED BY GRUCELA, ROONEY, DeWEESE, FREEMAN, GIGLIOTTI,
SCHULER, COSTA, SOLOBAY, MELIO, HORSEY, ARGALL, HARHAI, WALKO
AND GEORGE, OCTOBER 20, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 20, 1999
AN ACT
1 Regulating stockpiled tree stump and tree debris storage
2 management; and providing for powers and duties of the
3 Department of Environmental Protection.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Waste Tree
8 Stump Storage Management Act.
9 Section 2. Legislative findings.
10 The General Assembly finds and declares as follows:
11 (1) Stockpiled tree stumps and tree debris, in large
12 piles, continue to be an environmental threat to this
13 Commonwealth.
14 (2) Stockpiled tree stumps and tree debris create
15 environmental and public health and safety hazards such as
16 tree stump dump fires and vector infestations.
17 (3) No Statewide standards exist for the management of
1 stockpiled tree stumps and tree debris that protect the
2 environment from potential fire hazards and from other public
3 health and safety hazards.
4 Section 3. Purpose.
5 It is the purpose of this act:
6 (1) To ensure that stockpiled tree stumps and tree
7 debris are collected and disposed of in a manner that reduces
8 the potential for large fires and reduces the potential for
9 vector problems and other related nuisances.
10 (2) To provide specific preventive practices for the
11 management of stockpiled tree stumps and tree debris.
12 Section 4. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Department." The Department of Environmental Protection of
17 the Commonwealth.
18 "Disposal." The dumping, spilling, stockpiling or placing of
19 tree stumps or tree debris into or on the land or water in such
20 a manner that the tree stumps or tree debris enter the
21 environment.
22 "Person." An individual, partnership, corporation,
23 association, institution, cooperative enterprise, municipal
24 authority, Federal Government or agency, State institution and
25 agency, including, but not limited to, the Department of General
26 Services and the State Public School Building Authority or any
27 other legal entity whatsoever which is recognized by law as the
28 subject of rights and duties. In any provision of this act that
29 relates to the imposition of a fine, imprisonment or penalty,
30 the term shall also include the officers and directors of any
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1 corporation or other legal entity having officers and directors.
2 "Recycling." The systematic collection, sorting and mulching
3 or composting of tree stumps or tree debris for use as
4 commodities.
5 "Tree debris." Tree leaves, tree branches and tree trimmings
6 thereof and similar material. The term does not include grass
7 clippings.
8 "Tree stumps." The main trunk portion of a tree with or
9 without the tree roots.
10 Section 5. Powers and duties of department.
11 The department shall have the power and its duty shall be to:
12 (1) Administer the tree stump and tree debris storage
13 management program pursuant to this act.
14 (2) Cooperate with local units of government and
15 appropriate private businesses in carrying out the duties of
16 this act.
17 (3) Regulate the disposal of stockpiled tree stumps and
18 tree debris.
19 (4) Develop a closure plan for storage sites.
20 Section 6. Disposal and storage management of stockpiled tree
21 stumps and tree debris.
22 (a) Site security and fire department access.--
23 (1) The perimeter of a stockpiled tree stump and tree
24 debris facility shall have a chain-link fence at least ten
25 feet high with intruder controls on the top in accordance
26 with applicable local laws. Clearly visible signs with
27 business hours and department regulations and local laws
28 shall be posted near the facility entrance.
29 (2) Each stockpiled tree stump and tree debris facility
30 shall be provided with emergency vehicle access routes, such
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1 that no portion of the stockpile is more than 450 feet from
2 an access road or fire break. Access routes, or fire breaks,
3 through the piles shall have a clear width of at least 60
4 feet.
5 (3) There shall be gates protecting each access point
6 that can be locked when a stockpiled tree stump and tree
7 debris facility is closed. All gates shall have a 20-foot
8 open width and remain unobstructed at all times. The gates
9 shall have rapid entry design compatible with fire department
10 requirements. Electric gates shall have default capabilities
11 to the unlocked position.
12 (4) All roads and accesses shall be designed to support
13 loads imposed by firefighting equipment. All bridges and
14 structures, including drainage structures on access roads,
15 shall be capable of carrying a minimum design load of HS-20
16 consistent with ASFTO to "Standard Specifications for Highway
17 Bridges." Access routes shall be surfaced with material
18 designed to permit accessibility under all climatic
19 conditions.
20 (5) All emergency vehicle accesses shall have
21 unobstructed vertical clearance of 14 feet or as needed for
22 passage of large fire fighting apparatus. A minimum turning
23 radius of 45 feet shall be provided for emergency vehicles
24 access. All dead-end access in excess of 150 feet long shall
25 be provided with a turn-around area.
26 (6) Accesses shall be well-maintained and remain
27 accessible to the fire department at all times.
28 (b) Storage and disposal site design requirements.--
29 (1) Stockpiled tree stumps and tree debris storage sites
30 shall be limited to 20 feet in height with a maximum
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1 perimeter of 250 feet long and 50 feet wide. The edges of the
2 stockpile shall be at least 60 feet from the perimeter fence,
3 and that area shall be clear of debris or vegetation. All
4 interior fire breaks shall be at least 65 feet wide.
5 (2) Stockpiled tree stumps and tree debris may not be
6 stored on wetlands, flood plains, ravines, canyons or on
7 steeply graded surfaces.
8 (c) Storage site safety requirements.--
9 (1) No open-air burning shall occur within 500 feet of
10 the storage site, in accordance with applicable local laws,
11 and no welding or other heat generating devices shall occur
12 within 200 feet of the stockpile.
13 (2) Smoking and the lighting of flames in or around the
14 piles shall be prohibited at the storage site. Lightning rods
15 conforming to State and local codes shall be placed on the
16 site, but away from the piles.
17 (3) The owner of a storage site shall coordinate with
18 local fire and police departments so they can respond quickly
19 to an emergency.
20 (4) If there is a stream, lake or other body of water
21 located in the vicinity of the storage area, fire department
22 drafting connection shall be provided in accordance with the
23 fire department's response plan.
24 (5) All water supply systems shall be approved by the
25 responsible local authority.
26 (6) Each fuel-fired vehicle operating at the storage
27 site shall be equipped with at least one 2A, 10B c-rated or
28 higher portable fire extinguisher.
29 (7) Storm water collection basins shall be installed at
30 appropriate locations on the storage site in accordance with
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1 State and local laws recognizing that individual storage
2 sites shall require special considerations.
3 (d) Written management plan.--A storage site that accepts
4 tree stumps and tree debris shall prepare and implement a
5 written plan to the department and local government that
6 addresses the management of tree stumps and tree debris. The
7 plan shall, at a minimum, consist of the following:
8 (1) A description of the manner in which the storage
9 site owner will meet the provisions of this act.
10 (2) The projected size of storage site shall be
11 described in the number or projected piles based on the
12 design requirements for piles as stated in this act and any
13 regulations promulgated by the department under this act.
14 (3) A storage site existing prior to the effective date
15 of this act shall submit a written plan, within 120 days of
16 the effective date of this act, describing how the storage
17 site will achieve compliance with this act within two years
18 of the effective date of this act.
19 (4) Notice to the department and local government, by
20 the property owner, of the owner's intention to develop a
21 storage site at least six months prior to the scheduled
22 opening of a facility of stockpiled tree stumps and tree
23 debris.
24 (5) Notice to department and local government, by the
25 property owner of an existing storage site, of the owner's
26 intention to develop a storage management plan or of
27 intention to develop and implement a closure plan in
28 accordance with the rules and regulations promulgated by the
29 department within 90 days of the effective date of this act.
30 (e) Closure plans.--The department shall develop the
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1 requirements for all closure plans through its regulations.
2 Section 7. Priority enforcement list.
3 (a) Development of stockpiled tree stumps and tree debris
4 storage sites.--Within 180 days of the effective date of this
5 act, the department shall identify and develop a Statewide list
6 of stockpiled tree stumps and tree debris storage sites with
7 piles equal to or larger than the pile design requirements set
8 forth in section 6. The department shall rank the storage sites
9 according to their potential for creating environmental health
10 and safety hazards and designate these sites as priority sites
11 in obtaining compliance with this act and the rules and
12 regulations of the department.
13 (b) Review and update.--The department shall review and
14 update the priority enforcement list every two years.
15 (c) Notification to counties and municipalities.--For
16 purposes of section 9, the department shall notify in writing
17 the counties and municipalities of storage sites selected to be
18 listed on the priority enforcement list that are located within
19 their borders.
20 Section 8. Penalties.
21 (a) General rule.--A person who violates this act commits a
22 summary offense and shall, upon conviction, be sentenced to pay
23 a fine of not less than $100 and not more than $1,000 per
24 violation or be subject to imprisonment for not more than 30
25 days, or both.
26 (b) Additional penalty for subsequent violations.--For a
27 second and any subsequent violations, the offense shall be
28 graded as a misdemeanor of the third degree and the person
29 shall, upon conviction, be sentenced to pay a fine of not less
30 than $1,000 and not more than $5,000 per violation or be subject
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1 to imprisonment for not more than 90 days, or both.
2 Section 9. Applicability.
3 This act shall not apply to the right-of-way clearing or
4 maintenance activities of a public utility subject to the
5 jurisdiction of the Pennsylvania Public Utility Commission or of
6 an electric cooperative corporation or municipal utility
7 operation.
8 Section 10. Report to General Assembly.
9 The department shall submit a report to the General Assembly
10 concerning the implementation of this act and the compliance
11 status of the identified storage sites in this Commonwealth.
12 Section 11. Effective date.
13 This act shall take effect immediately.
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