THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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.

* * *

"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.