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


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

  

 

    

PRINTER'S NO.  1100

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

962

Session of

2009

  

  

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

  

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Amending the act of July 28, 1988 (P.L.556, No.101), entitled

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"An act providing for planning for the processing and

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disposal of municipal waste; requiring counties to submit

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plans for municipal waste management systems within their

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boundaries; authorizing grants to counties and municipalities

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for planning, resource recovery and recycling; imposing and

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collecting fees; establishing certain rights for host

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municipalities; requiring municipalities to implement

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recycling programs; requiring Commonwealth agencies to

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procure recycled materials; imposing duties; granting powers

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to counties and municipalities; authorizing the Environmental

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Quality Board to adopt regulations; authorizing the

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Department of Environmental Resources to implement this act;

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providing remedies; prescribing penalties; establishing a

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fund; and making repeals," further providing for definitions;

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providing for siting near cemetery; and making editorial

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changes.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The title of the act of July 28, 1988 (P.L.556,

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No.101), known as the Municipal Waste Planning, Recycling and

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Waste Reduction Act, is amended to read:

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AN ACT

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Providing for planning for the processing and disposal of

 


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municipal waste; requiring counties to submit plans for

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municipal waste management systems within their boundaries;

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authorizing grants to counties and municipalities for

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planning, resource recovery and recycling; imposing and

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collecting fees; establishing certain rights for host

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municipalities; requiring municipalities to implement

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recycling programs; requiring Commonwealth agencies to

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procure recycled materials; imposing duties; granting powers

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to counties and municipalities; authorizing the Environmental

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Quality Board to adopt regulations; authorizing the

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Department of Environmental [Resources] Protection to

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implement this act; providing remedies; prescribing

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penalties; establishing a fund; and making repeals.

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Section 2.  The definitions of "department" and "secretary"

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in section 103 of the act are amended and the section is amended

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by adding a definition to read:

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Section 103.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Cemetery."  A place for the disposal or burial of deceased

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human beings, by cremation or in a grave, mausoleum, vault,

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columbarium or other receptacle, but the term does not include a

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private family cemetery.

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* * *

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"Department."  The Department of Environmental [Resources]

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Protection of the Commonwealth and its authorized

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representatives.

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* * *

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"Secretary."  The Secretary of Environmental [Resources]

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Protection of the Commonwealth.

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* * *

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Section 3.  The act is amended by adding a section to read:

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Section 514.  Proximity to cemeteries.

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(a)  New construction.--On and after the effective date of

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this section, the department may not issue a permit for any new

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waste disposal facility located within one-half mile of the

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footprint of a cemetery.

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(b)  Modifications.--Any modification, extension, addition or

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renewal of existing permitted facilities may not bring the

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existing permitted facility closer than one-half mile of the

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footprint of a cemetery.

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Section 4.  Sections 1510(f) and 1901 of the act are amended

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to read:

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Section 1510.  Lead acid batteries.

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* * *

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(f)  Enforcement.--The [Department of Environmental

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Resources] department shall enforce this section.

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Section 1901.  Report to General Assembly.

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The [Secretary of Environmental Resources] secretary shall

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prepare a report to the General Assembly concerning the

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implementation of this act and the success of county and

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municipal recycling programs. This report shall be transmitted

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to the General Assembly no later than April 1, 1991, and shall

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be revised, and modified if necessary, at least once every three

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years thereafter.

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Section 5.  This act shall take effect in 60 days.

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