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§ 6029.205. Small business hazardous waste collection program

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29M. Small Business and Household Pollution Prevention Program Act
35 P.S. § 6029.205
§ 6029.205. Small business hazardous waste collection program
(a) General rule.--A sponsor may establish a collection program for the collection and management of solid wastes generated by eligible entities through collection events. Each sponsor must register the program with the department and receive approval of the department prior to commencing operation.
(b) Sites.--Collection events may be conducted on sites selected by the sponsor. Such sites may be on public or private property, including, but not limited to, property owned, leased or controlled by the Commonwealth, its agencies or its political subdivisions. Written permission to use the site for the conduct of the event shall be obtained from the owner prior to the event.
(c) Liability.--An owner who, without charge, permits any property to be used as a site for a collection event shall not be liable for any damage, harm or injury to any person or property which results from the use of the property as a site for a collection event. A sponsor of a collection event shall not be liable for any damage, harm or injury to any person or property which results from the operation of a collection event.
(d) Limitation of type.--The sponsor may limit the types of solid wastes or materials to be collected at a collection event in accordance with guidance issued by the department and further limitations determined at the discretion of the sponsor. A small business entity may bring up to but not more than 1,000 kilograms of hazardous waste to a collection event or collection events in any calendar month for waste recycling, treatment or disposal arranged by the collection contractor.
(e) Fees.--The sponsor may establish and assess reasonable fees from eligible entities for services provided in connection with a collection event.
(f) Registration and approval.--The sponsor may select a collection contractor to operate the collection event or may operate the collection event as the collection contractor. Each sponsor or collection contractor which operates a collection event must first be registered and approved by the department to operate collection events. The department shall issue guidance for registration requirements for the operation of collection events.
(g) Qualifications.--No collection contractor may be selected to operate a collection event unless the contractor can demonstrate to the satisfaction of the department its ability to collect, package, transport and dispose of solid waste collected under this program consistent with the requirements of the Solid Waste Management Act, the environmental protection laws of this Commonwealth, the regulations of the department and guidelines or regulations under this act.
(h) Ineligibility.--A collection contractor shall not be eligible to operate a collection event if the department finds that such person has shown a lack of ability or a lack of intent to comply with the Solid Waste Management Act or other environmental protection laws of this Commonwealth, other states or the United States.
(i) Generator.--A collection contractor shall be deemed to be the generator of hazardous waste collected at the event which is sent for treatment, storage or disposal at a permitted hazardous waste management facility.
(j) Pollution prevention.--The collection contractor shall practice and encourage pollution prevention and shall recycle or reclaim collected solid wastes to the greatest extent practicable.
(k) Documentation.--In conducting a collection event under this act, the collection contractor shall manage wastes and other materials received at a collection event in compliance with the environmental protection acts of this Commonwealth and the regulations and guidance issued thereunder. The sponsor and the collection contractor shall provide documentation and records of an event as requested by the department.
(l) Optional participation.--This section shall not be interpreted as requiring a small business to participate in a small business hazardous waste collection program or as prohibiting a small business from disposing of its hazardous waste under other applicable provisions established under the act of July 7, 1980 (P.L. 380, No. 97),1 known as the Solid Waste Management Act.

Credits

1996, Dec. 19, P.L. 1478, No. 190, § 205, imd. effective.

Footnotes

35 P.S. § 6018.101 et seq.
35 P.S. § 6029.205, PA ST 35 P.S. § 6029.205
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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