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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, TARTAGLIONE, BROWNE, FONTANA, YUDICHAK AND BOSCOLA, FEBRUARY 14, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An |
2 | act providing for the planning and regulation of solid waste |
3 | storage, collection, transportation, processing, treatment, |
4 | and disposal; requiring municipalities to submit plans for |
5 | municipal waste management systems in their jurisdictions; |
6 | authorizing grants to municipalities; providing regulation of |
7 | the management of municipal, residual and hazardous waste; |
8 | requiring permits for operating hazardous waste and solid |
9 | waste storage, processing, treatment, and disposal |
10 | facilities; and licenses for transportation of hazardous |
11 | waste; imposing duties on persons and municipalities; |
12 | granting powers to municipalities; authorizing the |
13 | Environmental Quality Board and the Department of |
14 | Environmental Resources to adopt rules, regulations, |
15 | standards and procedures; granting powers to and imposing |
16 | duties upon county health departments; providing remedies; |
17 | prescribing penalties; and establishing a fund," further |
18 | providing for criminal penalties. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 606(f), (g) and (j) of the act of July 7, |
22 | 1980 (P.L.380, No.97), known as the Solid Waste Management Act, |
23 | are amended and the section is amended by adding a subsection to |
24 | read: |
25 | Section 606. Criminal penalties. |
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1 | * * * |
2 | (f) Any person who stores, transports, treats, or disposes |
3 | of hazardous waste within the Commonwealth in violation of |
4 | section 401, or in violation of any order of the department |
5 | shall be guilty of a felony of the second degree and, upon |
6 | conviction, shall be sentenced to pay a fine of not less than |
7 | [$2,500] $7,500 but not more than $100,000 per day for each |
8 | violation or to imprisonment for not less than two years but not |
9 | more than ten years, or both. |
10 | (g) Any person who intentionally, knowingly or recklessly |
11 | stores, transports, treats, or disposes of hazardous waste |
12 | within the Commonwealth in violation of any provision of this |
13 | act, and whose acts or omissions cause pollution, a public |
14 | nuisance or bodily injury to any person, shall be guilty of a |
15 | felony of the first degree, and upon conviction, shall be |
16 | sentenced to pay a fine of not less than [$10,000] $20,000 but |
17 | not more than $500,000 per day for each violation or to a term |
18 | of imprisonment of not less than two years, but not more than 20 |
19 | years, or both. |
20 | (g.1) (1) Any person or municipality that intentionally, |
21 | knowingly or recklessly processes or disposes of solid waste |
22 | within the Commonwealth in violation of this act, or in |
23 | violation of any rule or regulation of the department, any |
24 | order of the department, or any term or condition of any |
25 | permit: |
26 | (i) In the amount of 100 cubic yards or more but |
27 | less than 500 cubic yards shall be guilty of a |
28 | misdemeanor of the first degree and, upon conviction, |
29 | shall be sentenced to pay a fine of not less than $2,500 |
30 | but not more than $25,000 per day for each violation or |
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1 | to imprisonment for a period not more than five years, or |
2 | both. |
3 | (ii) In the amount of 500 cubic yards or more shall |
4 | be guilty of a felony of the third degree and, upon |
5 | conviction, shall be sentenced to pay a fine of not less |
6 | than $5,000 but not more than $50,000 per day for each |
7 | violation or to imprisonment for not more than seven |
8 | years, or both. |
9 | (2) The quantity of waste involved in an offense under |
10 | this subsection shall be determined by the trier of fact. The |
11 | quantity of solid waste involved in offenses committed |
12 | pursuant to one scheme or course of conduct, whether at one |
13 | or several locations, may be aggregated in determining the |
14 | grading of the offense under paragraph (1). |
15 | * * * |
16 | (j) With respect to the offenses specified in subsections |
17 | (a), (b), (c), (d), (e), (f) [and], (g) and (g.1), it is the |
18 | legislative purpose to impose liability on corporations. |
19 | Section 2. This act shall take effect in 60 days. |
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