PRINTER'S NO. 2991
No. 2206 Session of 2001
INTRODUCED BY CORRIGAN, CAPPELLI, CREIGHTON, DALEY, GEORGE, GRUCELA, MELIO, WOJNAROSKI AND SHANER, DECEMBER 4, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, DECEMBER 4, 2001
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," providing for recycling of cathode 16 ray tubes; and making editorial changes. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. The title of the act of July 28, 1988 (P.L.556, 20 No.101), known as the Municipal Waste Planning, Recycling and 21 Waste Reduction Act, is amended to read: 22 AN ACT 23 Providing for planning for the processing and disposal of 24 municipal waste; requiring counties to submit plans for
1 municipal waste management systems within their boundaries; 2 authorizing grants to counties and municipalities for 3 planning, resource recovery and recycling; imposing and 4 collecting fees; establishing certain rights for host 5 municipalities; requiring municipalities to implement 6 recycling programs; requiring Commonwealth agencies to 7 procure recycled materials; imposing duties; granting powers 8 to counties and municipalities; authorizing the Environmental 9 Quality Board to adopt regulations; authorizing the 10 Department of Environmental [Resources] Protection to 11 implement this act; providing remedies; prescribing 12 penalties; establishing a fund; and making repeals. 13 Section 2. The definition of "department" in section 103 of 14 the act is amended to read: 15 Section 103. Definitions. 16 The following words and phrases when used in this act shall 17 have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 * * * 20 "Department." The Department of Environmental [Resources] 21 Protection of the Commonwealth and its authorized 22 representatives. 23 * * * 24 Section 3. The act is amended by adding a section to read: 25 Section 1510.1. Cathode ray tubes. 26 (a) Prohibition.--Except as set forth in subsection (b), a 27 person may not discard a cathode ray tube. 28 (b) Exception.-- 29 (1) A person may recycle a cathode ray tube in 30 accordance with paragraph (2). 20010H2206B2991 - 2 -
1 (2) A person selling or offering for sale cathode ray 2 tubes shall do all of the following: 3 (i) Accept, at the point of transfer, in a quantity 4 at least equal to the number purchased, used cathode ray 5 tubes from customers in exchange for new cathode ray 6 tubes purchased. 7 (ii) Post written notice which must be at least 8 8 1/2 inches by 11 inches in size and must contain the 9 universal recycling symbol and the following language: 10 (A) "It is illegal to discard a cathode ray 11 tube." 12 (B) "Recycle your used cathode ray tubes." 13 (C) "State law requires us to accept used 14 cathode ray tubes for recycling, in exchange for new 15 cathode ray tubes purchased." 16 (c) Department.-- 17 (1) The department shall produce, print and distribute 18 the notices required by subsection (b)(2)(ii) to all places 19 where cathode ray tubes are offered for sale. 20 (2) The department may inspect a place governed by this 21 act. 22 (3) Authorized employees of the department may issue 23 warnings and citations to persons who fail to comply with the 24 requirements of this section. 25 (d) Penalty.--Failure to post the required notice following 26 warning under subsection (c)(3) shall subject the person to an 27 administrative penalty of $25 per day. This subsection is 28 subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and 29 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating 30 to judicial review of Commonwealth agency action). 20010H2206B2991 - 3 -
1 (e) Enforcement.--The department shall enforce this section.
2 Section 4. This act shall take effect in 60 days.
K13L27JLW/20010H2206B2991 - 4 -