PRINTER'S NO. 2991
No. 2237 Session of 1990
INTRODUCED BY GEORGE, FEE, LUCYK, BILLOW, PISTELLA, DeLUCA,
COHEN, TANGRETTI, HALUSKA, MELIO, PESCI, NOYE, DISTLER,
JOHNSON, HERMAN AND TIGUE, JANUARY 29, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 29, 1990
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," authorizing the Commonwealth to
16 develop and make operational certain facilities in emergency
17 situations.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 102(a)(3) of the act of July 28, 1988
21 (P.L.556, No.101), known as the Municipal Waste Planning,
22 Recycling and Waste Reduction Act, is amended and subsection (b)
23 is amended by adding a paragraph to read:
24 Section 102. Legislative findings; declaration of policy and
25 goals.
1 (a) Legislative findings.--The Legislature hereby
2 determines, declares and finds that:
3 * * *
4 (3) Virtually every county in this Commonwealth will
5 have to replace existing municipal waste processing and
6 disposal facilities over the next decade. In some counties,
7 the situation is grave enough to warrant emergency action by
8 the Commonwealth.
9 * * *
10 (b) Purpose.--It is the purpose of this act to:
11 * * *
12 (15) Provide procedures by which, in emergency
13 situations, the Commonwealth may develop and make operational
14 facilities, including solid waste landfills, incinerators,
15 resource recovery facilities, transfer stations and recycling
16 stations, for the purpose of averting immediate hazards to
17 public health or safety or severe local economic
18 consequences. The facilities constructed by the department
19 shall be 50 acres or less in size and shall be limited to
20 accepting waste from the resident county or counties
21 bordering the resident county.
22 * * *
23 Section 2. Section 103 of the act is amended by adding a
24 definition to read:
25 Section 103. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 * * *
30 "Emergency." A situation where the department determines
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1 from direct study or from input from local public agencies,
2 operators, or other Commonwealth agencies, that the lack of
3 adequate regional facilities to process municipal waste will
4 cause immediate and severe hazards to public safety or health or
5 will cause immediate and severe consequences to the local
6 economy. In making its determination of an emergency, the
7 Department of Environmental Resources shall take into
8 consideration, but not be limited to, the following:
9 (1) The likelihood and extent of the threat to public
10 health and safety due to the improper disposal of waste.
11 (2) The composition of the waste stream in the area.
12 (3) The volume of municipal waste.
13 (4) The distance to the nearest available facility.
14 (5) The existing and projected user fee.
15 (6) The social, economic and financial condition of the
16 communities served.
17 * * *
18 Section 3. Section 301 of the act is amended by adding a
19 paragraph to read:
20 Section 301. Powers and duties of department.
21 The department, in consultation with the Department of Health
22 regarding matters of public health significance, shall have the
23 power and its duty shall be to:
24 * * *
25 (14.1) In an emergency, develop, construct and make
26 operational facilities described in section 102(b)(15) for
27 the purpose of averting immediate hazards to public health or
28 safety or severe local economic consequences. These
29 facilities shall be operated by the Commonwealth on a short-
30 term basis. The department shall negotiate the necessary
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1 financial arrangements with a municipality or person for
2 ultimate control of such facilities.
3 * * *
4 Section 4. This act shall take effect in 60 days.
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