PRINTER'S NO. 1081
No. 970 Session of 1997
INTRODUCED BY MADIGAN, MUSTO, SALVATORE, WAGNER, HELFRICK,
STAPLETON, SLOCUM, WENGER, LEMMOND, GERLACH, STOUT,
BRIGHTBILL, HOLL, RHOADES, AFFLERBACH, SCHWARTZ, WHITE AND
MELLOW, MAY 7, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 7, 1997
AN ACT
1 Providing for the removal of waste illegally deposited on or
2 adjacent to State forests, for the closure of disposal sites,
3 for the prevention of unauthorized waste disposal on State
4 forests and for grant programs; and establishing the Forest
5 Lands Beautification Restricted Account.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Forest Lands
10 Beautification Act.
11 Section 2. Legislative findings.
12 The General Assembly finds and declares as follows:
13 (1) State forest lands comprise more than 2.1 million
14 acres, owned by the Commonwealth for the benefit of its
15 citizens, which are available for public use and which are
16 increasingly important to the Commonwealth's travel and
17 tourism industry.
18 (2) The illegal disposal of household trash, tires, used
1 appliances and other waste material is a growing problem
2 which can adversely affect health and safety, degrade
3 environmental resources and detract from the scenic and
4 recreational quality of State forest lands.
5 (3) The Department of Conservation and Natural Resources
6 does not have the financial and other resources needed to
7 adequately address the problem of the illegal disposal of
8 waste on State forest lands.
9 Section 3. Purpose.
10 It is the purpose of this act:
11 (1) To deter illegal waste disposal practices on State
12 forest and State park lands and to ensure that waste is
13 recycled or disposed of properly.
14 (2) To provide for the abatement of illegal waste
15 disposal sites on State forest and State parks lands and the
16 threats to public health, safety and the environment which
17 are associated with such sites.
18 (3) To provide for the removal, recycling or proper
19 disposal of waste illegally disposed of on State forest and
20 State parks lands.
21 (4) To develop cooperative programs with local
22 communities for preventing the illegal disposal of waste on
23 or adjacent to State forests and State parks.
24 Section 4. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Commonwealth agency." The Commonwealth and its departments,
29 boards, commissions and agencies, Commonwealth-owned
30 universities and any authority now in existence or hereafter
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1 created or organized by the Commonwealth.
2 "Department." The Department of Conservation and Natural
3 Resources of the Commonwealth.
4 "Local agency." A political subdivision, school district,
5 conservation district or municipal authority of the
6 Commonwealth.
7 Section 5. Authority of department.
8 The department is authorized:
9 (1) To collect and remove waste illegally deposited on
10 or adjacent to State forest and State park lands and to
11 ensure the proper disposal of these materials.
12 (2) To eliminate, in accordance with applicable
13 statutes, rules and regulations, unauthorized waste disposal
14 sites which have been created by the illegal disposal of
15 waste on State forest and State park lands or on adjacent
16 properties, in cooperation with the owners of those
17 properties, when the conditions on such properties are likely
18 to affect the State lands.
19 (3) To recycle, whenever practical, materials found in
20 the course of waste collection and removal.
21 (4) To place waste receptacles in appropriate places on
22 or adjacent to State forests and State parks and to arrange
23 for the proper disposal and recycling of their contents.
24 (5) To enforce laws and regulations which prohibit
25 unauthorized waste disposal and to cooperate with other
26 Commonwealth agencies and local agencies to enforce such laws
27 and regulations.
28 (6) To establish educational programs to increase public
29 awareness of the problem of unauthorized waste disposal and
30 to encourage recycling, waste reduction and proper waste
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1 disposal.
2 Section 6. Funds.
3 There is hereby established in the General Fund a restricted
4 account to be known as the Forest Lands Beautification
5 Restricted Account. For a period of five years from the
6 effective date of this act, this account may receive up to
7 $1,500,000 annually, upon approval of the Governor, from the
8 Recycling Fund created by section 706 act of July 28, 1988
9 (P.L.556, No.101), known as the Municipal Waste Planning,
10 Recycling and Waste Reduction Act. Moneys in the restricted
11 account are hereby appropriated to the department to carry out
12 the purposes of this act.
13 Section 7. Grants and contracts.
14 The department is authorized:
15 (1) To make grants to local agencies and nonprofit
16 organizations to establish and administer programs to prevent
17 the unauthorized disposal of waste on or adjacent to State
18 forest and State park lands, to encourage the proper disposal
19 of waste in areas in which such lands are located, to
20 encourage recycling and reduction of waste in those areas and
21 to increase public awareness of proper waste disposal
22 methods.
23 (2) To enter into contracts and agreements with
24 Commonwealth agencies, local agencies, corporations,
25 partnerships, associations or other organizations to carry
26 out the purposes of this act.
27 Section 8. Effective date.
28 This act shall take effect immediately.
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