PRINTER'S NO. 152
No. 139 Session of 1989
INTRODUCED BY BURD, VAN HORNE, HASAY, B. D. CLARK, CESSAR,
MORRIS, FARGO, TRELLO, MERRY, BATTISTO, VROON, DOMBROWSKI,
DISTLER, GAMBLE, NOYE, BELARDI, HERSHEY, LETTERMAN,
E. Z. TAYLOR, CAWLEY, McVERRY, OLASZ, SEMMEL, RITTER,
CARLSON, VEON, LANGTRY, BOYES, FARMER, ROBBINS, GEIST,
LASHINGER, GLADECK, SAURMAN, SCHEETZ, S. H. SMITH, DEMPSEY,
DORR, MOEHLMANN, BUNT, BARLEY, JADLOWIEC, HERMAN, ARGALL,
GODSHALL, CORNELL, JOHNSON, D. W. SNYDER, REBER, ALLEN,
FLEAGLE, FOX, NAHILL, GRUPPO, BRANDT, WASS, STAIRS, KONDRICH
AND WILSON, JANUARY 30, 1989
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 30, 1989
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," further
18 providing for powers and duties of the department; and
19 providing for the beneficial use or reclamation of municipal
20 and residual waste.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The definition of "processing" in section 103 of
1 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
2 Waste Management Act, is amended and the section is amended by
3 adding definitions to read:
4 Section 103. Definitions.
5 The following words and phrases when used in this act shall
6 have, unless the context clearly indicates otherwise, the
7 meanings given to them in this section:
8 * * *
9 "Beneficial use." The use of any nonhazardous waste for
10 other than its original purpose or the process that generated
11 it, and where such use does not harm or present a threat of harm
12 to the health and welfare of the people and environment of the
13 Commonwealth.
14 * * *
15 "Processing." Any technology used for the purpose of
16 reducing the volume or bulk of municipal or residual waste or
17 any technology used to convert part or all of such waste
18 materials for [off-site reuse] beneficial use or reclamation.
19 Processing facilities include but are not limited to transfer
20 facilities, composting facilities, and resource recovery
21 facilities.
22 "Reclamation." The recycling or processing of a nonhazardous
23 waste to return it to a form suitable for use in its original
24 purpose or reuse in the process that generated it.
25 * * *
26 Section 2. Section 104(16) and (17) of the act are amended
27 and the section is amended by adding a paragraph to read:
28 Section 104. Powers and duties of the department.
29 The department in consultation with the Department of Health
30 regarding matters of public health significance shall have the
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1 power and its duty shall be to:
2 * * *
3 (16) require the payment of such annual inspection fees
4 and perform such inspections of hazardous waste treatment and
5 disposal facilities as are provided for in the Environmental
6 Quality Board guidelines adopted pursuant to section 105(e).
7 This provision shall not be construed to limit or restrict
8 the department's inspection powers as elsewhere set forth in
9 this act; [and]
10 (17) administer funds collected by the United States
11 Government and granted to Pennsylvania for the purpose of
12 closing, maintaining or monitoring abandoned or closed
13 hazardous waste storage, treatment or disposal sites and for
14 the purpose of action to abate or prevent pollution at such
15 sites. If Congress has not authorized the collection of such
16 funds within one year after the effective date of this act,
17 or if the department finds that the funding program
18 authorized is inadequate, the department shall transmit to
19 the General Assembly within 15 months after the effective
20 date of this act a proposal for the establishment of a fund
21 in Pennsylvania comprised of surcharges collected from users
22 of hazardous waste storage, treatment and disposal facilities
23 excluding captive facilities in the Commonwealth. Such fund
24 shall be proposed for the purpose of closing, maintaining or
25 monitoring hazardous waste storage, treatment or disposal
26 sites excluding captive facilities which have been abandoned
27 or which have been closed for at least 20 years, and for the
28 purpose of taking action to abate or prevent pollution at
29 such closed or abandoned sites[.]; and
30 (18) encourage the beneficial use or reclamation of
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1 municipal and residual waste, when such materials and
2 compounds are determined by the department to be nonhazardous
3 in nature, and such use does not harm or present a threat of
4 harm to the health and welfare of the people and environment
5 of the Commonwealth. The department shall establish rules and
6 regulations to effectuate the beneficial use or reclamation
7 of such municipal and residual wastes, including the issuance
8 of general permits for any category of beneficial use or
9 reclamation of municipal or residual waste, on a regional or
10 Statewide basis, in accordance with rules adopted by the
11 Environmental Quality Board.
12 Section 3. Section 201(a) of the act is amended and the
13 section is amended by adding a subsection to read:
14 Section 201. Submission of plans; permits.
15 (a) No person or municipality shall store, collect,
16 transport, process, beneficially use or reclaim, or dispose of
17 municipal waste within this Commonwealth unless such storage,
18 collection, transportation, processing, beneficial use or
19 reclamation or disposal is authorized by the rules and
20 regulations of the department and no person or municipality
21 shall own or operate a municipal waste processing or disposal
22 facility unless such person or municipality has first obtained a
23 permit for such facility from the department.
24 (a.1) (1) Beneficial use or reclamation of municipal waste
25 shall include, but not be limited to, the following:
26 (i) The uses which are the subject of Federal
27 Procurement Guidelines issued by the Environmental
28 Protection Agency under section 6002 of the Solid Waste
29 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
30 (ii) The extraction or recovery and application of
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1 materials and compounds contained within municipal waste,
2 when such materials and compounds are determined by the
3 department to be nonhazardous in nature, prior to such
4 use.
5 (2) The department may establish siting criteria,
6 design, operating and certification standards of wastes from
7 specific generators for the beneficial use or reclamation of
8 municipal waste. The department may require a person or
9 municipality that beneficially uses or reclaims municipal
10 waste to notify the department prior to such use. Generators
11 of certified municipal waste shall notify the department in
12 the event changes occur with regard to the origin of the
13 municipal waste or physical and chemical properties of the
14 waste, including leachability. Recertification shall be
15 required, in the event of any such changes.
16 * * *
17 Section 4. Section 302 of the act is amended to read:
18 Section 302. Disposal, processing [and], storage and beneficial
19 use or reclamation of residual waste.
20 (a) It shall be unlawful for any person or municipality to
21 dispose, process, store, beneficially use or reclaim, or permit
22 the disposal, processing, beneficial use or reclamation or
23 storage of any residual waste in a manner which is contrary to
24 the rules and regulations of the department or to any permit or
25 to the terms or conditions of any permit or any order issued by
26 the department.
27 (b) It shall be unlawful for any person or municipality who
28 stores, processes, beneficially uses or reclaims, or disposes of
29 residual waste to fail to:
30 (1) Use such methods and facilities as are necessary to
19890H0139B0152 - 5 -
1 control leachate, runoff, discharges and emissions from
2 residual waste in accordance with department regulations.
3 (2) Use such methods and facilities as are necessary to
4 prevent the harmful or hazardous mixing of wastes.
5 (3) Design, construct, operate and maintain facilities
6 and areas in a manner which shall not adversely effect or
7 endanger public health, safety and welfare or the environment
8 or cause a public nuisance.
9 (c) (1) Beneficial use or reclamation of residual waste
10 shall include, but not be limited to the following:
11 (i) The uses which are the subject of the Federal
12 Procurement Guidelines issued by the Environmental
13 Protection Agency under section 6002 of the Solid Waste
14 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
15 (ii) The extraction or recovery and application of
16 materials and compounds contained within residual waste,
17 when such materials and compounds are determined by the
18 department to be nonhazardous in nature, prior to such
19 use.
20 (2) The department may establish siting criteria,
21 design, operating and certification standards of wastes from
22 specific generators for the beneficial use or reclamation of
23 residual waste. The department may require a person or
24 municipality that beneficially uses or reclaims residual
25 waste to notify the department prior to such use. Generators
26 of certified residual waste shall notify the department in
27 the event changes occur with regard to the facility from
28 which the residual waste is originating, combustion and
29 operating characteristics of the facility, or physical and
30 chemical properties of the residual waste, including
19890H0139B0152 - 6 -
1 leachability. Recertification shall be required in the event
2 of such changes.
3 Section 5. Section 502 of the act is amended by adding a
4 subsection to read:
5 Section 502. Permit and license application requirements.
6 * * *
7 (h) The department may or may not require bonds under
8 section 505(a) or insurance under subsection (e) for any general
9 permit or class of general permit promulgated under section
10 104(18).
11 Section 6. Nothing in this act shall be deemed to affect
12 section 508 of the act nor any other provision of the act in
13 relation to coal ash.
14 Section 7. This act shall take effect in 60 days.
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