Pennsylvania Act 1994-155 — HOUSEHOLD HAZARDOUS WASTE FUNDING ACT

Act text

HOUSEHOLD HAZARDOUS WASTE FUNDING ACT
                 Act of Dec. 27, 1994, P.L. 1346, No. 155             Cl. 35
                                  AN ACT

     Providing for household hazardous waste collection programs;
        further providing for the Recycling Fund; making a fund
        transfer; providing for a grant program; and making an
        appropriation.

        Compiler's Note:  Section 301(b) of Act 190 of 1996 provided
            that standards for management of household hazardous
            waste under Act 155 and the regulations of the department
            under 25 Pa. Code Ch. 272 are repealed insofar as they
            are inconsistent of the provisions of Act 190 and the
            regulations of the department issued under Act 190.

        The General Assembly finds as follows:
            (1)  Household hazardous wastes in the municipal waste
        stream present real and significant dangers to the public
        health and the environment.
            (2)  These dangers can be greatly reduced by removing
        these household hazardous wastes from the waste stream before
        disposal and managing them separately.
            (3)  Manufacturers of products that contribute to or
        later become household hazardous waste should help fund
        efforts to remove these wastes from the municipal waste
        stream for proper management.

        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 Household
     Hazardous Waste Funding Act.
     Section 2.  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:
        "Department."  The Department of Environmental Resources of
     the Commonwealth and its authorized representatives.
        "Municipal Waste Planning, Recycling and Waste Reduction
     Act."  The act of July 28, 1988 (P.L.556, No.101).
        "Municipality."  A county, city, borough, incorporated town,
     township or home rule municipality.
        "Person."  Any individual, partnership, corporation,
     association, institution, cooperative enterprise, municipality,
     municipal authority, Federal Government or agency, State
     institution or agency, including, but not limited to, the
     Department of General Services and the State Public School
     Building Authority, or any other legal entity whatsoever which
     is recognized by law as the subject of rights and duties. In any
     provisions of this act prescribing a fine, imprisonment or
     penalty or any combination of the foregoing, the term shall
     include the officers and directors of any corporation or other
     legal entity having officers and directors.
        "Solid Waste Management Act."  The act of July 7, 1980
     (P.L.380, No.97).

        Compiler's Note:  The Department of Environmental Resources,
            referred to in the def. of "department," was abolished by
            Act 18 of 1995. Its functions were transferred to the
            Department of Conservation and Natural Resources and the
            Department of Environmental Protection.
     Section 3.  Household hazardous waste collection programs.
        (a)  General rule.--Private individuals, municipalities,
     businesses or corporations are authorized to operate household
     hazardous waste collection programs in accordance with this act.
        (b)  Registration and department approval.--No person shall
     establish a program for the collection and management of
     household hazardous wastes until the program has been registered
     with and approved by the department. Every approved program
     shall also maintain and submit records to the department as
     required under the guidelines or regulations promulgated under
     section 1512(d) of the Municipal Waste Planning, Recycling and
     Waste Reduction Act.
        (c)  Qualifications.--No person may be selected to operate a
     collection program or site unless the person can demonstrate to
     the satisfaction of the department his ability to collect,
     package, transport and dispose of hazardous waste collected
     under this program, consistent with the requirements of Articles
     IV, V and VI of the Solid Waste Management Act and regulations
     promulgated thereunder and guidelines or regulations under this
     act.
        (d)  Ineligibility.--A person shall not be eligible to
     operate a collection program or collection site if the
     department finds that the person has shown a lack of ability or
     a lack of intent to comply with the Solid Waste Management Act
     or other environmental laws of this Commonwealth, other states
     or the United States.
        (e)  Requirements of Solid Waste Management Act.--((e)
     repealed Dec. 19, 1996, P.L.1478, No.190)
        (f)  Other requirements.--Persons operating household
     hazardous waste collection programs shall be subject to all the
     same requirements as municipalities under section 1512 of the
     Municipal Waste Planning, Recycling and Waste Reduction Act and
     all regulations and guidelines promulgated thereunder, except
     that persons other than municipalities shall not be eligible for
     grants under section 1512(b) of the Municipal Waste Planning,
     Recycling and Waste Reduction Act or this act.
     Section 4.  Transfer of funds.
        (a)  General rule.--The sum of $3,000,000 is hereby
     transferred from the Solid Waste - Resource Recovery Development
     Fund created by section 9 of the act of July 20, 1974 (P.L.572,
     No.198), known as the Pennsylvania Solid Waste - Resource
     Recovery Development Act, to the Recycling Fund created by
     section 706 of the Municipal Waste Planning, Recycling and Waste
     Reduction Act for the purposes of implementing this act.
        (b)  Account in Recycling Fund.--There is hereby created a
     restricted revenue account in the Recycling Fund into which
     these funds and any other funds appropriated by the General
     Assembly for these purposes shall be deposited, and the funds
     are hereby appropriated to the department on a continuing basis
     to be expended for the purposes authorized in section 5.
     Section 5.  Use of funds. (5 repealed Dec. 19, 1996, P.L.1478,
                 No.190)
     Section 6.  Effective date.
        This act shall take effect in 60 days.