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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2670, 4221               PRINTER'S NO. 4639

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2029 Session of 2003


        INTRODUCED BY CRUZ, YOUNGBLOOD, LEDERER, FABRIZIO, KELLER,
           BISHOP, HORSEY, WASHINGTON, D. EVANS, WATERS, WILLIAMS,
           THOMAS AND MELIO, SEPTEMBER 29, 2003

        SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
           AS AMENDED, NOVEMBER 9, 2004

                                     AN ACT

     1  Authorizing cities of the first class that have adopted a home
     2     rule charter to enforce ordinances, rules and regulations
     3     prohibiting dumping or disposal of waste, trash or debris.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Enforcement of trash laws.
     7     (a)  General rule.--Notwithstanding any contrary provision of
     8  law set forth in the act of April 21, 1949 (P.L.665, No.155),
     9  known as the First Class City Home Rule Act, a city of the first
    10  class that has adopted a home rule charter pursuant to that act
    11  may enforce ordinances, rules and regulations relating to short
    12  dumping by the imposition of a fine or penalty of not more than
    13  $5,000, and by the forfeiture of any property, including any
    14  vehicle, used to violate that act, regardless of the value of
    15  the property.
    16     (B)  SUSPENSION OF OPERATING PRIVILEGES.--A CITY OF THE FIRST  <--
    17  CLASS THAT IMPOSES A FINE OR PENALTY AGAINST A PERSON UNDER

     1  SUBSECTION (A) SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION. ON
     2  RECEIPT OF SUCH NOTIFICATION, THE DEPARTMENT OF TRANSPORTATION
     3  SHALL SUSPEND THE OPERATING PRIVILEGES OF THE PERSON GRANTED
     4  UNDER 75 PA.C.S. (RELATING TO VEHICLES) FOR A PERIOD OF SIX
     5  MONTHS.
     6     (b) (C)  Definitions.--As used in this section, "short         <--
     7  dumping" means activity by which an owner or operator, or an
     8  agent of either, of a trash, garbage or debris collection
     9  vehicle, including private automobiles and small trucks, or any
    10  other type of vehicles used to collect or transport trash,
    11  garbage or debris, knowingly causes to be deposited or deposits
    12  the vehicle's load or any part thereof on any road, street,
    13  highway, alley or railroad right-of-way, or on the land of
    14  another or into the waters of this Commonwealth.
    15  Section 2.  Effective date.
    16     This act shall take effect in 60 days.










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