THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, TARTAGLIONE, BROWNE, FONTANA, YUDICHAK AND BOSCOLA, FEBRUARY 14, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 14, 2011  

AN ACT

Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An

act providing for the planning and regulation of solid waste

storage, collection, transportation, processing, treatment,

and disposal; requiring municipalities to submit plans for

municipal waste management systems in their jurisdictions;

authorizing grants to municipalities; providing regulation of

the management of municipal, residual and hazardous waste;

requiring permits for operating hazardous waste and solid

waste storage, processing, treatment, and disposal

facilities; and licenses for transportation of hazardous

waste; imposing duties on persons and municipalities;

granting powers to municipalities; authorizing the

Environmental Quality Board and the Department of

Environmental Resources to adopt rules, regulations,

standards and procedures; granting powers to and imposing

duties upon county health departments; providing remedies;

prescribing penalties; and establishing a fund," further

providing for criminal penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 606(f), (g) and (j) of the act of July 7,

1980 (P.L.380, No.97), known as the Solid Waste Management Act,

are amended and the section is amended by adding a subsection to

read:

Section 606.  Criminal penalties.

* * *

(f)  Any person who stores, transports, treats, or disposes

of hazardous waste within the Commonwealth in violation of

section 401, or in violation of any order of the department

shall be guilty of a felony of the second degree and, upon

conviction, shall be sentenced to pay a fine of not less than

[$2,500] $7,500 but not more than $100,000 per day for each

violation or to imprisonment for not less than two years but not

more than ten years, or both.

(g)  Any person who intentionally, knowingly or recklessly

stores, transports, treats, or disposes of hazardous waste

within the Commonwealth in violation of any provision of this

act, and whose acts or omissions cause pollution, a public

nuisance or bodily injury to any person, shall be guilty of a

felony of the first degree, and upon conviction, shall be

sentenced to pay a fine of not less than [$10,000] $20,000 but

not more than $500,000 per day for each violation or to a term

of imprisonment of not less than two years, but not more than 20

years, or both.

(g.1)  (1)  Any person or municipality that intentionally,

knowingly or recklessly processes or disposes of solid waste

within the Commonwealth in violation of this act, or in

violation of any rule or regulation of the department, any

order of the department, or any term or condition of any

permit:

(i)  In the amount of 100 cubic yards or more but

less than 500 cubic yards shall be guilty of a

misdemeanor of the first degree and, upon conviction,

shall be sentenced to pay a fine of not less than $2,500

but not more than $25,000 per day for each violation or

to imprisonment for a period not more than five years, or

both.

(ii)  In the amount of 500 cubic yards or more shall

be guilty of a felony of the third degree and, upon

conviction, shall be sentenced to pay a fine of not less

than $5,000 but not more than $50,000 per day for each

violation or to imprisonment for not more than seven

years, or both.

(2)  The quantity of waste involved in an offense under

this subsection shall be determined by the trier of fact. The

quantity of solid waste involved in offenses committed

pursuant to one scheme or course of conduct, whether at one

or several locations, may be aggregated in determining the

grading of the offense under paragraph (1).

* * *

(j)  With respect to the offenses specified in subsections

(a), (b), (c), (d), (e), (f) [and], (g) and (g.1), it is the

legislative purpose to impose liability on corporations.

Section 2.  This act shall take effect in 60 days.