Section 1. Short
title.
This act shall be
known and may be cited as the Forest Lands Beautification Act.
Section 2. Legislative
findings.
The General Assembly
finds and declares as follows:
(1) State forest
lands comprise more than 2.1 million acres, owned by the Commonwealth for
the benefit of its citizens, which are available for public use and which
are increasingly important to the Commonwealth's travel and tourism industry.
(2) The illegal disposal
of household trash, tires, used appliances and other waste material is
a growing problem which can adversely affect health and safety, degrade
environmental resources and detract from the scenic and recreational quality
of State Forest and State Park lands.
(3) The Department
of Conservation and Natural Resources does not have the financial and other
resources needed to adequately address the problem of the illegal disposal
of waste on State Forest and State Park lands.
Section 3. Purpose.
It is the purpose
of this act:
(1) To deter illegal
waste disposal practices on State Forest and State Park lands and to ensure
that waste is recycled or disposed of properly.
(2) To provide for
the abatement of illegal waste disposal sites on State Forest and State
Parks lands and the threats to public health, safety and the environment
which are associated with such sites.
(3) To provide for
the removal, recycling or proper disposal of waste illegally disposed of
on State Forest and State Park lands.
(4) To develop cooperative
programs with local communities for preventing the illegal disposal of
waste on State Forest and State Park lands or abutting lands.
Section 4. 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:
"Abutting Land."
Land which is contiguous, joined at a border or boundary of State Forest
or State Park lands, and where no other land intervenes.
"Commonwealth agency."
The Commonwealth and its departments, boards, commissions and agencies,
Commonwealth-owned universities and any authority now in existence or hereafter
created or organized by the Commonwealth.
"Department." The
Department of Conservation and Natural Resources of the Commonwealth.
"Local agency." A
political subdivision, school district, conservation district or municipal
authority of the Commonwealth.
Section 5. Authority
of department.
The department is
authorized:
(1) To collect and
remove waste illegally deposited on State Forest and State Park Lands or
abutting lands and to ensure the proper disposal of these materials.
(2) To eliminate,
in accordance with applicable statutes, rules and regulations, unauthorized
waste disposal sites which have been created by the illegal disposal of
waste on State Forest and State Park Lands or abutting lands, in cooperation
with the owners of those properties, when the conditions on such properties
are likely to affect the State lands.
(3) To recycle, whenever
practical, materials found in the course of waste collection and removal.
(4) To place waste
receptacles in appropriate places on State Forest and State Park lands
or abutting lands and to arrange for the proper disposal and recycling
of their contents.
(5) To enforce laws
and regulations which prohibit unauthorized waste disposal and to cooperate
with other Commonwealth agencies and local agencies to enforce such laws
and regulations.
(6) To establish
educational programs to increase public awareness of the problem of unauthorized
waste disposal and to encourage recycling, waste reduction and proper waste
disposal.
Section 6. Funds.
There is hereby established
in the General Fund a restricted account to be known as the Forest Lands
Beautification Restricted Account. For a period of five years from the
effective date of this act, this account may receive up to $1,500,000 annually,
upon approval of the Governor, from the Recycling Fund created by Section
706 Act of July 28, 1988, (P.L.556, No. 101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act. Moneys in the restricted account
are hereby appropriated to the department to carry out the purposes of
this act.
Section 7. Grants
and contracts.
The department is
authorized:
(1) To make grants
to local agencies and nonprofit organizations to establish and administer
programs to prevent the unauthorized disposal of waste on State Forest
and State Park Lands or abutting lands, to encourage the proper disposal
of waste in areas in which such lands are located, to encourage recycling
and reduction of waste in those areas and to increase public awareness
of proper waste disposal methods.
(2) To enter into
contracts and agreements with Commonwealth agencies, local agencies, corporations,
partnerships, associations or other organizations to carry out the purposes
of this act.
Section 8. Effective
date.
This act shall take
effective immediately.
Signed by Governor
Tom Ridge
Date: December, 1998
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