§ 4909 — Transporting foodstuffs in vehicles used to transport waste

Pennsylvania § 4909

• Jurisdiction: Pennsylvania
• Title 75: VEHICLES
• Part: PART IV
• Ch. 49: SIZE, WEIGHT AND LOAD
• Subch.: GENERAL PROVISIONS

Text

(a) Offense defined.--

(1) A person commits a violation of this section if he transports or knowingly provides a vehicle for the transportation of any food product or produce intended for human consumption in a vehicle which has been used to transport any municipal, residual or hazardous waste or any chemical or liquid, in bulk, which is not a food product or produce.

(2) A person commits a violation of this section if he knowingly accepts any food product or produce from, or provides any food product or produce to, a vehicle used to transport any municipal, residual or hazardous waste or any chemical or liquid, in bulk, which is not a food product or produce.

(b) Penalties.--

(1) A person who violates subsection (a)(1) shall, upon conviction for the first offense, pay a fine of not less than $1,000 nor more than $10,000. Upon the second or subsequent conviction of subsection (a)(1), a person shall pay a fine of not less than $5,000 nor more than $25,000, or the court shall order the operating privilege of the vehicle operator suspended for a period of up to one year, or both. A copy of the order shall be transmitted to the department.

(2) A person who violates subsection (a)(2) shall, upon conviction for the first offense, pay a fine of not less than $1,000 nor more than $10,000. A person who violates subsection (a)(2) shall, upon the second or subsequent conviction, pay a fine of not less than $5,000 nor more than $25,000.

(c) Vehicle forfeiture.--Any vehicle or conveyance used in the commission of an offense under this section shall be deemed contraband and forfeited in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).

(d) Responsibility for cost.--The owner of any vehicle or conveyance forfeited under subsection (c) shall be responsible for any costs incurred in properly disposing of waste in the vehicle or conveyance.

(e) Environmental Quality Board.--The Environmental Quality Board shall have the power and its duty shall be to adopt regulations, if necessary, to carry out the requirements of this section. Regulations, if necessary, shall be proposed within 90 days.

(f) Emergency telephone number.--The Pennsylvania State Police shall establish or designate a toll-free telephone number to report violations of illegal hauling.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Food product or produce."Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.

"In bulk."Not divided into parts or packaged in separate units.

"Municipal waste,""residual waste" or "hazardous waste." The terms shall have the meanings given to them under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

Legislative History

(Mar. 13, 1990, P.L.69, No.14, eff. imd.; June 29, 2017, P.L.247, No.13, eff. July 1, 2017) 2017 Amendment.Act 13 amended subsec. (c). 1990 Amendment.Act 14 added section 4909. See section 6 of Act 14 in the appendix to this title for special provisions relating to construction of act. Environmental Quality Board.Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those set forth in section 4909. Cross References.Section 4909 is referred to in section 5803 of Title 42 (Judiciary and Judicial Procedure).