PRIOR PRINTER'S NO. 1081 PRINTER'S NO. 1958
No. 970 Session of 1997
INTRODUCED BY MADIGAN, MUSTO, SALVATORE, WAGNER, HELFRICK,
STAPLETON, SLOCUM, WENGER, LEMMOND, GERLACH, STOUT,
BRIGHTBILL, HOLL, RHOADES, AFFLERBACH, SCHWARTZ, WHITE,
MELLOW AND MOWERY, MAY 7, 1997
AS AMENDED ON THIRD CONSIDERATION, APRIL 28, 1998
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 "ABUTTING LAND." LAND WHICH IS CONTIGUOUS, JOINED AT A <--
29 BORDER OR BOUNDARY OF A STATE FOREST OR STATE PARK LANDS, AND
30 WHERE NO OTHER LAND INTERVENES.
19970S0970B1958 - 2 -
1 "Commonwealth agency." The Commonwealth and its departments,
2 boards, commissions and agencies, Commonwealth-owned
3 universities and any authority now in existence or hereafter
4 created or organized by the Commonwealth.
5 "Department." The Department of Conservation and Natural
6 Resources of the Commonwealth.
7 "Local agency." A political subdivision, school district,
8 conservation district or municipal authority of the
9 Commonwealth.
10 Section 5. Authority of department.
11 The department is authorized:
12 (1) To collect and remove waste illegally deposited on
13 or adjacent to State forest and State park lands OR ABUTTING <--
14 LAND and to ensure the proper disposal of these materials.
15 (2) To eliminate, in accordance with applicable
16 statutes, rules and regulations, unauthorized waste disposal
17 sites which have been created by the illegal disposal of
18 waste on State forest and State park lands or on adjacent
19 properties, in cooperation with the owners of those
20 properties, when the conditions on such properties are likely
21 to affect the State lands.
22 (3) To recycle, whenever practical, materials found in
23 the course of waste collection and removal.
24 (4) To place waste receptacles in appropriate places on
25 or adjacent to State forests and State parks and to arrange
26 for the proper disposal and recycling of their contents.
27 (5) To enforce laws and regulations which prohibit
28 unauthorized waste disposal and to cooperate with other
29 Commonwealth agencies and local agencies to enforce such laws
30 and regulations.
19970S0970B1958 - 3 -
1 (6) To establish educational programs to increase public
2 awareness of the problem of unauthorized waste disposal and
3 to encourage recycling, waste reduction and proper waste
4 disposal.
5 Section 6. Funds.
6 There is hereby established in the General Fund a restricted
7 account to be known as the Forest Lands Beautification
8 Restricted Account. For a period of five years from the
9 effective date of this act, this account may receive up to
10 $1,500,000 annually, upon approval of the Governor, from the
11 Recycling Fund created by section 706 act of July 28, 1988
12 (P.L.556, No.101), known as the Municipal Waste Planning,
13 Recycling and Waste Reduction Act. Moneys in the restricted
14 account are hereby appropriated to the department to carry out
15 the purposes of this act.
16 Section 7. Grants and contracts.
17 The department is authorized:
18 (1) To make grants to local agencies and nonprofit
19 organizations to establish and administer programs to prevent
20 the unauthorized disposal of waste on or adjacent to State
21 forest and State park lands, to encourage the proper disposal
22 of waste in areas in which such lands are located, to
23 encourage recycling and reduction of waste in those areas and
24 to increase public awareness of proper waste disposal
25 methods.
26 (2) To enter into contracts and agreements with
27 Commonwealth agencies, local agencies, corporations,
28 partnerships, associations or other organizations to carry
29 out the purposes of this act.
30 Section 8. Effective date.
19970S0970B1958 - 4 -
1 This act shall take effect immediately.
D28L32JAM/19970S0970B1958 - 5 -