A04825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2384
Session of
2024
INTRODUCED BY VITALI, HILL-EVANS, RABB, HOHENSTEIN, KHAN,
SAPPEY, FREEMAN, WEBSTER, STEELE, OTTEN, D. WILLIAMS, CEPEDA-
FREYTIZ, HOWARD AND PROBST, JUNE 5, 2024
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 5, 2024
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Protection to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," in general
provisions, further providing for definitions; and, in
residual waste, providing for prohibition on road spreading
and land application of oil and gas wastewater.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "residual waste" in section 103
of the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, is amended to read:
Section 103. Definitions.
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The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Residual waste."
(1) The term includes any of the following:
(i) Any garbage, refuse, other discarded material or
other waste including solid, liquid, semisolid, or
contained gaseous materials resulting from industrial,
mining and agricultural operations.
(ii) Any sludge from an industrial, mining or
agricultural water supply treatment facility, waste water
treatment facility or air pollution control facility,
provided that it is not hazardous.
(iii) Oil-related and gas-related wastewater,
tophole water, production water of any type, brine or
wastewater sludge from conventional or unconventional oil
and gas wells.
(2) The term does not include:
(i) Coal refuse as defined in the "Coal Refuse
Disposal Control Act."
(ii) Treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on
pursuant to and in compliance with a valid permit issued
pursuant to "The Clean Streams Law."
(iii) Current generation blast furnace, iron and
steel slag if:
(A) used onsite as a waste processing liming
agent in acid neutralization or onsite in place of
aggregate or sold and distributed in the stream of
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commerce for consumption, use or further processing
into another desired commodity; and
(B) managed as an item of commercial value in
accordance with industry practices to ensure
commercial value.
* * *
Section 2. The act is amended by adding a section to read:
Section 304. Prohibition on road spreading and land application
of oil and gas wastewater.
(a) It shall be unlawful for a person or municipality to
dispose , process, beneficially use or reuse oil-related and gas-
related wastewater, tophole water, production water of any type,
brine or wastewater sludge from conventional or unconventional
oil and gas wells:
(1) by application, dumping or spreading on any dirt,
gravel or paved road for any purpose; or
(2) by land application , except for the land application
of tophole water at a well site as specified under 25 Pa.
Code ยง 78.60 (relating to discharge requirements) or 78a.60
(relating to discharge requirements) .
(b) It shall be unlawful for a vehicle used to transport
oil-related and gas-related wastewater, tophole water,
production water of any type, brine or wastewater sludge to be
equipped with a mechanism that could be used to dispose,
process, beneficially use or reuse the oil-related and gas-
related wastewater, tophole water, production water of any type,
brine or wastewater sludge from conventional or unconventional
oil and gas wells in a manner prohibited by subsection (b) (a) .
(c) Oil-related and gas-related wastewater, tophole water,
production water of any type, brine or wastewater sludge from
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conventional or unconventional oil and gas wells proposed to be
used or being used for dust suppression, road deicing or road
bed stabilization shall not be considered a coproduct under the
regulations promulgated by the department.
Section 3. This act shall take effect in 60 days.
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