PRINTER'S NO. 2672
No. 2031 Session of 2003
INTRODUCED BY WEBER, BROWNE, CAPPELLI, CAWLEY, CRAHALLA,
FREEMAN, GEIST, GEORGE, GOOD, GOODMAN, GRUCELA, HARRIS,
HENNESSEY, HORSEY, KELLER, LAUGHLIN, LEWIS, McILHATTAN,
O'NEILL, PETRARCA, PETRI, REICHLEY, SATHER, SCAVELLO,
SOLOBAY, J. TAYLOR, TIGUE, TRAVAGLIO, WASHINGTON, WATSON,
YOUNGBLOOD, YUDICHAK AND CRUZ, SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 29, 2003
AN ACT
1 Restricting the location of waste disposal facilities near
2 schools.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Findings.
6 The General Assembly, conscious of the public health concerns
7 relating to air pollution and other deleterious effects of
8 various types of waste disposal, finds that the public health,
9 safety and welfare of school students will be served by placing
10 restrictions on issuing permits for the construction and
11 operation of waste disposal facilities in close proximity to
12 school buildings.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "School entity." A school district, joint school district,
3 intermediate unit, area vocational-technical school or charter
4 school within this Commonwealth.
5 "Waste disposal facility." Any waste incinerator, waste
6 treatment facility, solid waste landfill or other operation
7 disposing of waste which is required to be permitted by the
8 Department of Environmental Protection under the act of January
9 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution
10 Control Act, or the act of July 7, 1980 (P.L.380, No.97), known
11 as the Solid Waste Management Act.
12 Section 3. Prohibition of waste disposal facility near schools.
13 (a) New construction.--On and after the effective date of
14 this act, the Department of Environmental Protection may not
15 issue a permit for any new waste disposal facility within 1,000
16 yards of a building which is owned or operated by a school
17 entity or a nonpublic or private school.
18 (b) Modifications.--Any modification, extension, addition or
19 renewals of existing permitted facilities may not bring the
20 existing permitted facility closer to a building owned or
21 operated by a school entity or a nonpublic or private school.
22 Section 4. Exceptions.
23 This act shall not apply to:
24 (1) Waste disposal facilities which received permits
25 before the effective date of this act.
26 (2) Waste disposal facilities proposed to be utilized by
27 municipalities or authorities and which before the effective
28 date of this act have entered into contracts for the
29 construction of such facilities or completed an escrow or
30 permanent bond financing.
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1 (3) Waste disposal facilities proposed to be utilized by
2 more than one municipality, for which municipalities have
3 executed intermunicipal pacts and have expended public funds
4 prior to the effective date of this act.
5 Section 5. Effective date.
6 This act shall take effect immediately.
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