PRINTER'S NO. 798
No. 744 Session of 1997
INTRODUCED BY SLOCUM, HELFRICK, SALVATORE, TOMLINSON, O'PAKE,
HECKLER AND KASUNIC, MARCH 19, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 19, 1997
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," further
18 providing for the definition of "department" and for the
19 issuance of permits; and making editorial changes.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title of the act of July 7, 1980 (P.L.380,
23 No.97), known as the Solid Waste Management Act, is amended to
24 read:
25 AN ACT
26 Providing for the planning and regulation of solid waste
1 storage, collection, transportation, processing, treatment,
2 and disposal; requiring municipalities to submit plans for
3 municipal waste management systems in their jurisdictions;
4 authorizing grants to municipalities; providing regulation of
5 the management of municipal, residual and hazardous waste;
6 requiring permits for operating hazardous waste and solid
7 waste storage, processing, treatment, and disposal
8 facilities; and licenses for transportation of hazardous
9 waste; imposing duties on persons and municipalities;
10 granting powers to municipalities; authorizing the
11 Environmental Quality Board and the Department of
12 Environmental [Resources] Protection to adopt rules,
13 regulations, standards and procedures; granting powers to and
14 imposing duties upon county health departments; providing
15 remedies; prescribing penalties; and establishing a fund.
16 Section 2. The definition of "department" in section 103 of
17 the act is amended to read:
18 Section 103. Definitions.
19 The following words and phrases when used in this act shall
20 have, unless the context clearly indicates otherwise, the
21 meanings given to them in this section:
22 * * *
23 "Department." The Department of Environmental [Resources]
24 Protection of the Commonwealth of Pennsylvania and its
25 authorized representatives.
26 * * *
27 Section 3. Section 504 of the act is amended to read:
28 Section 504. Approval by governing body.
29 [Applications] (a) Except as provided in subsection (b),
30 applications for a permit shall be reviewed by the appropriate
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1 county, county planning agency or county health department where
2 they exist and the host municipality, and they may recommend to
3 the department conditions upon, revisions to, or disapproval of
4 the permit only if specific cause is identified. In such case
5 the department shall be required to publish in the Pennsylvania
6 Bulletin its justification for overriding the county's
7 recommendations. If the department does not receive comments
8 within 60 days, the county shall be deemed to have waived its
9 right to review.
10 (b) In addition to other requirements for the issuing of
11 permits by the department for a solid waste landfill, the
12 department may, only after local approval, issue a permit for a
13 solid waste landfill to be situate within a county in which
14 either of the following apply:
15 (1) the proposed host county is one in which there
16 exists an operating solid waste landfill for which a permit
17 has been granted; or
18 (2) the proposed host county borders a county in which
19 there exists an operating solid waste landfill for which a
20 permit has been granted.
21 (c) The local approval provided for in subsection (b) shall
22 be in the form of a referendum which may be initiated by either
23 of the following procedures:
24 (1) by ordinance or resolution of the governing body of
25 the proposed host county, a certified copy of which shall be
26 presented to the county board of elections; or
27 (2) by petition of the electors of the proposed host
28 county which petition contains signatures of at least 5% of
29 the electors voting for the office of the Governor in the
30 last gubernatorial general election and which shall be filed
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1 with the county board of elections.
2 (d) The question on the referendum referred to in
3 subsections (b) and (c) shall be:
4 Shall the Department of Environmental Protection approve
5 a permit for a landfill in (name of county) County?
6 Section 4. This act shall take effect in 60 days.
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