Bill Text: PA HB962 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions; providing for siting near cemetery; and making editorial changes.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2009-03-17 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB962 Detail]

Download: Pennsylvania-2009-HB962-Introduced.html

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PRINTER'S NO. 1100
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 962 Session of2009
INTRODUCED BY WANSACZ, GERGELY, GRUCELA, CREIGHTON, D. COSTA, GINGRICH, GOODMAN, KORTZ, MELIO, READSHAW, SIPTROTH AND MURT, MARCH 17, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 2009
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," further providing for definitions;
providing for siting near cemetery; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act, is amended to read:
AN ACT
Providing for planning for the processing and disposal of
municipal waste; requiring counties to submit plans for
municipal waste management systems within their boundaries;
authorizing grants to counties and municipalities for
planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental [Resources] Protection to
implement this act; providing remedies; prescribing
penalties; establishing a fund; and making repeals.
Section 2. The definitions of "department" and "secretary"
in section 103 of the act are amended and the section is amended
by adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Cemetery." A place for the disposal or burial of deceased
human beings, by cremation or in a grave, mausoleum, vault,
columbarium or other receptacle, but the term does not include a
private family cemetery.
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth and its authorized
representatives.
* * *
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"Secretary." The Secretary of Environmental [Resources]
Protection of the Commonwealth.
* * *
Section 3. The act is amended by adding a section to read:
Section 514. Proximity to cemeteries.
(a) New construction.--On and after the effective date of
this section, the department may not issue a permit for any new
waste disposal facility located within one-half mile of the
footprint of a cemetery.
(b) Modifications.--Any modification, extension, addition or
renewal of existing permitted facilities may not bring the
existing permitted facility closer than one-half mile of the
footprint of a cemetery.
Section 4. Sections 1510(f) and 1901 of the act are amended
to read:
Section 1510. Lead acid batteries.
* * *
(f) Enforcement.--The [Department of Environmental
Resources] department shall enforce this section.
Section 1901. Report to General Assembly.
The [Secretary of Environmental Resources] secretary shall
prepare a report to the General Assembly concerning the
implementation of this act and the success of county and
municipal recycling programs. This report shall be transmitted
to the General Assembly no later than April 1, 1991, and shall
be revised, and modified if necessary, at least once every three
years thereafter.
Section 5. This act shall take effect in 60 days.
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