Bill Text: PA HB806 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for municipal implementation of recycling programs and for facilities operation and recycling.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-09 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB806 Detail]

Download: Pennsylvania-2009-HB806-Introduced.html

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PRINTER'S NO. 896
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 806 Session of2009
INTRODUCED BY QUINN, BOYD, BISHOP, CREIGHTON, CRUZ, DePASQUALE, FLECK, FRANKEL, GEIST, GIBBONS, GINGRICH, HENNESSEY, HESS, LONGIETTI, MANN, MELIO, MICOZZIE, MILLER, MUNDY, MURT, D. O'BRIEN, O'NEILL, READSHAW, ROSS, SIPTROTH, STERN, STURLA, SWANGER, VULAKOVICH, WALKO AND YOUNGBLOOD, MARCH 9, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 9, 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,
for municipal implementation of recycling programs and for
facilities operation and recycling.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "recycling" in section 103 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 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:
* * *
"Fluorescent lamp or tube." A gas-discharge lamp, regardless
of size or shape, that uses electricity to excite mercury vapor
producing a short-wave ultraviolet light that then causes a
phosphor to fluoresce, producing visible light. The term
includes compact fluorescent lighting.
* * *
"Recycling." The collection, separation, recovery and sale
or reuse of metals, glass, paper, leaf waste, plastics,
fluorescent lamps or tubes and other materials which would
otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reuseable
materials other than a fuel for the operation of energy.
* * *
Section 2. Sections 1501(c) and 1502(b) and (c) of the act
are amended to read:
Section 1501. Municipal implementation of recycling programs.
* * *
(c) Contents.--The source-separation and collection program
shall include, at a minimum, the following elements:
(1) An ordinance or regulation adopted by the governing
body of the municipality, requiring all of the following:
(i) Persons to separate at least three materials
deemed appropriate by the municipality from other
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municipal waste generated at their homes, apartments and
other residential establishments and to store such
materials until collection. The three materials shall be
chosen from the following: clear glass, colored glass,
aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper [and], plastics and
fluorescent lamps or tubes. Nothing in the ordinance or
regulation shall be deemed to impair the ownership of
separated materials by the person who generated them
unless and until such materials are placed at curbside or
similar location for collection by the municipality or
its agents.
(ii) Persons to separate leaf waste from other
municipal waste generated at their homes, apartments and
other residential establishments until collection unless
those persons have otherwise provided for the composting
of leaf waste. The governing body of a municipality shall
allow an owner, landlord or agent of an owner or landlord
of multifamily rental housing properties with four or
more units to comply with its responsibilities under this
section by establishing a collection system for
recyclable materials at each property. The collection
system must include suitable containers for collecting
and sorting materials, easily accessible locations for
the containers and written instructions to the occupants
concerning the use and availability of the collection
system. Owners, landlords and agents of owners or
landlords who comply with this act shall not be liable
for the noncompliance of occupants of their buildings.
(iii) Persons to separate high grade office paper,
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aluminum, corrugated paper and leaf waste, fluorescent
lamps or tubes and other materials deemed appropriate by
the municipality generated at commercial, municipal or
institutional establishments and from community
activities and to store the material until collection.
The governing body of a municipality shall exempt persons
occupying commercial, institutional and municipal
establishments within its municipal boundaries from the
requirements of the ordinance or regulation if those
persons have otherwise provided for the recycling of
materials they are required by this section to recycle.
To be eligible for an exemption under this subparagraph,
a commercial or institutional solid waste generator must
annually provide written documentation to the
municipality of the total number of tons recycled.
(2) A scheduled day, at least once per month, during
which separated materials are to be placed at the curbside or
a similar location for collection.
(3) A system, including trucks and related equipment,
that collects recyclable materials from the curbside or
similar locations at least once per month from each residence
or other person generating municipal waste in the county or
municipality. The municipality, other than a county, shall
explain how the system will operate, the dates of collection,
the responsibilities of persons within the municipality and
incentives and penalties.
(4) Provisions to ensure compliance with the ordinance,
including incentives and penalties.
(5) Provisions for the recycling of collected materials.
* * *
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Section 1502. Facilities operation and recycling.
* * *
(b) Drop-off centers.--
(1) Two years after the effective date of this act, no
person may operate a municipal waste landfill, resource
recovery facility or transfer station unless the operator has
established at least one drop-off center for the collection
and sale of at least three recyclable materials. The three
materials shall be chosen from the following: clear glass,
colored glass, aluminum, steel and bimetallic cans, high
grade office paper, newsprint, corrugated paper [and],
plastics and fluorescent lamps or tubes. The center must be
located at the facility or in a place that is easily
accessible to persons generating municipal waste that is
processed or disposed at the facility. Each drop-off center
must contain bins or containers where recyclable materials
may be placed and temporarily stored. If the operation of the
drop-off center requires attendants, the center shall be open
at least eight hours per week, including four hours during
evenings or weekends.
(2) Each operator shall, at least 30 days prior to the
initiation of the drop-off center program and at least once
every six months thereafter, provide public notice of the
availability of the drop-off center. The operator shall place
an advertisement in a newspaper circulating in the
municipality or provide notice in another manner approved by
the department.
(c) Removal of recyclable materials.--Two years after the
effective date of this act, no person may operate a resource
recovery facility unless the operator has developed a program
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for the removal to the greatest extent practicable of recyclable
materials, such as plastics, high grade office paper,
aluminum,clear glass [and], newspaper and fluorescent lamps or
tubes from the waste to be incinerated.
* * *
Section 3. This act shall take effect in 60 days.
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