Pennsylvania Act 2004-227 — CITIES OF FIRST CLASS - ENFORCEMENT OF ORDINANCES, RULES AND REGULATIONS PROHIBITING DUMPING OR DISPOSAL OF WASTE, TRASH OR DEBRIS

Act text

CITIES OF FIRST CLASS - ENFORCEMENT OF ORDINANCES, RULES AND REGULATIONS
        PROHIBITING DUMPING OR DISPOSAL OF WASTE, TRASH OR DEBRIS
                 Act of Dec. 1, 2004, P.L. 1766, No. 227              Cl. 11
                                  AN ACT

     Authorizing cities of the first class that have adopted a home
        rule charter to enforce ordinances, rules and regulations
        prohibiting dumping or disposal of waste, trash or debris.

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

     Section 1.  Enforcement of trash laws.
        (a)  General rule.--Notwithstanding any contrary provision of
     law set forth in the act of April 21, 1949 (P.L.665, No.155),
     known as the First Class City Home Rule Act, a city of the first
     class that has adopted a home rule charter pursuant to that act
     may enforce ordinances, rules and regulations relating to short
     dumping by the imposition of a fine or penalty of not more than
     $5,000 and by the forfeiture of any property, including any
     vehicle, used to violate that act, regardless of the value of
     the property.
        (b)  Suspension of operating privileges.--A city of the first
     class that imposes a fine or penalty against a person under
     subsection (a) shall notify the Department of Transportation. On
     receipt of such notification, the Department of Transportation
     shall suspend the operating privileges of the person granted
     under 75 Pa.C.S. (relating to vehicles) for a period of six
     months.
        (c)  Definitions.--As used in this section, "short dumping"
     means activity by which an owner or operator, or an agent of
     either, of a trash, garbage or debris collection vehicle,
     including private automobiles and small trucks, or any other
     type of vehicles used to collect or transport trash, garbage or
     debris knowingly causes to be deposited or deposits the
     vehicle's load or any part thereof on any road, street, highway,
     alley or railroad right-of-way or on the land of another or into
     the waters of this Commonwealth.
     Section 2.  Effective date.
        This act shall take effect in 60 days.