An Act providing for disposal of waste tires, trash and debris, for rules and regulations and for penalties.

PRIOR PRINTER'S NO. 2167 PRINTER'S NO. 2883
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1759
Session of
2025
INTRODUCED BY SCOTT, GIRAL, PROBST, MAYES, SANCHEZ, HADDOCK,
DOUGHERTY, GALLAGHER, CEPEDA-FREYTIZ, GILLEN AND CIRESI,
JULY 23, 2025
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, HOUSE OF REPRESENTATIVES, AS AMENDED,
FEBRUARY 4, 2026
AN ACT
Providing for disposal of waste tires, trash and debris, for
rules and regulations and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Disposal of
Waste Tires, Trash and Debris Act.
Section 2. 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:
"Disposal." The incineration, deposition, injection,
dumping, spilling, leaking or placing of solid waste into or on
the land or water in a manner that the solid waste or a
constituent of the solid waste enters the environment, is
emitted into the air or is discharged to the waters of this
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Commonwealth.
"Municipality." A city of the second class, a city of the
second class A, a city of the third class, a borough, a
township, an incorporated town or a home rule municipality.
"Short dumping." Activity by which an owner or operator, or
an agent of the owner or operator, of a trash, garbage or debris
collection vehicle, including private automobiles and small
trucks or any other type of vehicle used to collect or transport
trash, garbage or debris, knowingly causes to be deposited or
deposits the vehicle's load, or any part of the load, on any
road, street, highway, alley or railroad right-of-way, on the
land of another or into the waters of this Commonwealth.
"Waste tire." A tire that has been discarded and can no
longer be used for the purpose for which it was originally
intended, regardless of whether the tire has any remaining
useful life.
"Waste tire recycling facility." As defined in section 104
of the act of December 19, 1996 (P.L.1478, No.190), entitled "An
act relating to the recycling and reuse of waste tires;
providing for the proper disposal of waste tires and the cleanup
of stockpiled tires; authorizing investment tax credits for
utilizing waste tires; providing remediation grants for the
cleanup of tire piles and for pollution prevention programs for
small business and households; establishing the Small Business
and Household Pollution Prevention Program and management
standards for small business hazardous waste; providing for a
household hazardous waste program and for grant programs; making
appropriations; and making repeals."
Section 3. Enforcement of trash laws.
(a) General rule.--Notwithstanding any contrary provision of
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the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act or the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act, a municipality may enforce ordinances,
rules and regulations relating to:
(1) 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 the act,
regardless of the value of the property; and
(2) disposal of waste tires by the imposition of a fine
or penalty of not more than $500 per tire.
(b) Suspension of operating privileges.--A municipality that
imposes a fine or penalty against a person under subsection (a)
(1) shall notify the Department of Transportation. On receipt of
the 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) (B) Records to be retained by businesses that dispose of
waste tires.--A business entity in a municipality that accepts
used tires for disposal or recycling shall maintain a list of
how many tires the business entity accepted and retain proof of
disposal in the form of a receipt from an authorized waste tire
recycling facility, as evidence of proper disposal of any tires
accepted by the business entity. The business entity shall
maintain all records for a minimum of five years and make the
records available to the municipality at the municipality's
request. The business entity shall retain the records
electronically.
(d) (C) Record review.--A municipality may review the
records of a business entity that accepts waste tires for
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disposal. The municipality may request that the business entity
submit a copy of the business entity's records electronically or
provide the municipality with a hard copy of the records as
proof that the business entity complied with this act through
the proper disposal of all waste tires received by the business
entity.
(e) (D) Appeal.--A business entity fined by a municipality
under this section shall have the right to appeal a fine levied
by the municipality to the court of common pleas.
(f) (E) Use of fines and penalties.--A municipality that
imposes a fine or penalty under subsection (a) shall use the
money collected to:
(1) encourage recycling;
(2) expand waste tire disposal programs within a
municipality in accordance with Chapter 1 of the act of
December 19, 1996 (P.L.1478, No.190), known as the Waste Tire
Recycling Act;
(3) remediate the environmental impact of waste tires
and other waste that has been improperly disposed of in the
municipality;
(4) prevent short dumping and the improper disposal of
waste tires; and
(5) enforce compliance with this act.
(g) (F) Existing ordinance.--Nothing in this act shall be
construed to invalidate or preempt an existing municipal
ordinance or portion thereof as of the effective date of this
subsection.
(h) Forfeiture.--Forfeiture of any property carried out by a
municipality under subsection (a)(1) shall be consistent with
the provisions of 42 Pa.C.S. Ch. 58 (relating to forfeiture of
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assets).
Section 4. Effective date.
This act shall take effect in 120 days.
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