Pennsylvania Act 1998-125 — FOREST LANDS BEAUTIFICATION ACT

Act text

FOREST LANDS BEAUTIFICATION ACT
                  Act of Dec. 3, 1998, P.L. 946, No. 125              Cl. 32
                                  AN ACT

     Providing for the removal of waste illegally deposited on State
        forest and State park lands or abutting lands, for the
        closure of disposal sites, for the prevention of unauthorized
        waste disposal on State forest and State park lands or
        abutting lands and for grant programs; and establishing the
        Forest Lands Beautification Restricted Account.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Forest Lands
     Beautification Act.
     Section 2.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  State forest lands comprise more than 2.1 million
        acres, owned by the Commonwealth for the benefit of its
        citizens, which are available for public use and which are
        increasingly important to the Commonwealth's travel and
        tourism industry.
            (2)  The illegal disposal of household trash, tires, used
        appliances and other waste material is a growing problem
        which can adversely affect health and safety, degrade
        environmental resources and detract from the scenic and
        recreational quality of State forest and State park lands.
            (3)  The Department of Conservation and Natural Resources
        does not have the financial and other resources needed to
        adequately address the problem of the illegal disposal of
        waste on State forest and State park lands.
     Section 3.  Purpose.
        It is the purpose of this act:
            (1)  To deter illegal waste disposal practices on State
        forest and State park lands and to ensure that waste is
        recycled or disposed of properly.
            (2)  To provide for the abatement of illegal waste
        disposal sites on State forest and State park lands and the
        threats to public health, safety and the environment which
        are associated with such sites.
            (3)  To provide for the removal, recycling or proper
        disposal of waste illegally disposed of on State forest and
        State park lands.
            (4)  To develop cooperative programs with local
        communities for preventing the illegal disposal of waste on
        State forest and State park lands or abutting lands.
     Section 4.  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:
        "Abutting land."  Land which is contiguous, joined at a
     border or boundary of State forest or State park lands, and
     where no other land intervenes.
        "Commonwealth agency."  The Commonwealth and its departments,
     boards, commissions and agencies, Commonwealth-owned
     universities and any authority now in existence or hereafter
     created or organized by the Commonwealth.
        "Department."  The Department of Conservation and Natural
     Resources of the Commonwealth.
        "Local agency."  A political subdivision, school district,
     conservation district or municipal authority of the
     Commonwealth.
     Section 5.  Authority of department.
        The department is authorized:
            (1)  To collect and remove waste illegally deposited on
        State forest and State park lands or abutting lands and to
        ensure the proper disposal of these materials.
            (2)  To eliminate, in accordance with applicable
        statutes, rules and regulations, unauthorized waste disposal
        sites which have been created by the illegal disposal of
        waste on State forest and State park lands or abutting lands,
        in cooperation with the owners of those properties, when the
        conditions on such properties are likely to affect the State
        lands.
            (3)  To recycle, whenever practical, materials found in
        the course of waste collection and removal.
            (4)  To place waste receptacles in appropriate places on
        State forest and State park lands or abutting lands and to
        arrange for the proper disposal and recycling of their
        contents.
            (5)  To enforce laws and regulations which prohibit
        unauthorized waste disposal and to cooperate with other
        Commonwealth agencies and local agencies to enforce such laws
        and regulations.
            (6)  To establish educational programs to increase public
        awareness of the problem of unauthorized waste disposal and
        to encourage recycling, waste reduction and proper waste
        disposal.
     Section 6.  Funds.
        There is hereby established in the General Fund a restricted
     account to be known as the Forest Lands Beautification
     Restricted Account. For a period of ten years from December 3,
     1998, this account may receive up to $500,000 annually, upon
     approval of the Governor, from either the Solid Waste Abatement
     Fund established under the act of July 7, 1980 (P.L.380, No.97),
     known as the Solid Waste Management Act, the Recycling Fund
     created by section 706 of the act of July 28, 1988 (P.L.556,
     No.101), known as the Municipal Waste Planning, Recycling and
     Waste Reduction Act, the Keystone Recreation, Park and
     Conservation Fund under section 1106-C(d) of the act of March 4,
     1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or a
     combination thereof. Moneys in the restricted account are hereby
     appropriated to the department to carry out the purposes of this
     act.
        (6 amended Nov. 23, 2004, P.L.948, No.139)
     Section 7.  Grants and contracts.
        The department is authorized:
            (1)  To make grants to local agencies and nonprofit
        organizations to establish and administer programs to prevent
        the unauthorized disposal of waste on State forest and State
        park lands or abutting lands, to encourage the proper
        disposal of waste in areas in which such lands are located,
        to encourage recycling and reduction of waste in those areas
        and to increase public awareness of proper waste disposal
        methods.
            (2)  To enter into contracts and agreements with
        Commonwealth agencies, local agencies, corporations,
        partnerships, associations or other organizations to carry
        out the purposes of this act.
     Section 8.  Effective date.
        This act shall take effect immediately.