PRIOR PRINTER'S NOS. 152, 539 PRINTER'S NO. 2155
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,
WILSON, STEIGHNER, BROUJOS AND J. H. CLARK, JANUARY 30, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 26, 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:
1 Section 1. The definition of "processing" in section SECTION <--
2 103 of the act of July 7, 1980 (P.L.380, No.97), known as the
3 Solid Waste Management Act, is amended and the section is <--
4 amended by adding definitions A DEFINITION to read: <--
5 Section 103. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 * * *
10 "Beneficial use." The use of any nonhazardous waste for <--
11 other than its original purpose or the process that generated
12 it, and where such use does not harm or present a threat of harm
13 to the health and welfare of the people and environment of the
14 Commonwealth.
15 * * *
16 "Processing." Any technology used for the purpose of
17 reducing the volume or bulk of municipal or residual waste or
18 any technology used to convert part or all of such waste
19 materials for [off-site reuse] beneficial use or reclamation.
20 Processing facilities include but are not limited to transfer
21 facilities, composting facilities, and resource recovery
22 facilities.
23 "Reclamation." The recycling or processing of a nonhazardous
24 waste to return it to a form suitable for use in its original
25 purpose or reuse in the process that generated it.
26 "BENEFICIAL USE." USE OR REUSE OF RESIDUAL WASTE OR RESIDUAL <--
27 MATERIAL DERIVED FROM RESIDUAL WASTE FOR COMMERCIAL, INDUSTRIAL
28 OR GOVERNMENTAL PURPOSES, WHERE THE USE DOES NOT HARM OR
29 THREATEN PUBLIC HEALTH, SAFETY, WELFARE OR THE ENVIRONMENT, OR
30 THE USE OR REUSE OF PROCESSED MUNICIPAL WASTE FOR ANY PURPOSE,
19890H0139B2155 - 2 -
1 WHERE THE USE DOES NOT HARM OR THREATEN PUBLIC HEALTH, SAFETY,
2 WELFARE OR THE ENVIRONMENT.
3 * * *
4 Section 2. Section 104(16) and (17) of the act are amended
5 and the section is amended by adding a paragraph to read:
6 Section 104. Powers and duties of the department.
7 The department in consultation with the Department of Health
8 regarding matters of public health significance shall have the
9 power and its duty shall be to:
10 * * *
11 (16) require the payment of such annual inspection fees
12 and perform such inspections of hazardous waste treatment and
13 disposal facilities as are provided for in the Environmental
14 Quality Board guidelines adopted pursuant to section 105(e).
15 This provision shall not be construed to limit or restrict
16 the department's inspection powers as elsewhere set forth in
17 this act; [and]
18 (17) administer funds collected by the United States
19 Government and granted to Pennsylvania for the purpose of
20 closing, maintaining or monitoring abandoned or closed
21 hazardous waste storage, treatment or disposal sites and for
22 the purpose of action to abate or prevent pollution at such
23 sites. If Congress has not authorized the collection of such
24 funds within one year after the effective date of this act,
25 or if the department finds that the funding program
26 authorized is inadequate, the department shall transmit to
27 the General Assembly within 15 months after the effective
28 date of this act a proposal for the establishment of a fund
29 in Pennsylvania comprised of surcharges collected from users
30 of hazardous waste storage, treatment and disposal facilities
19890H0139B2155 - 3 -
1 excluding captive facilities in the Commonwealth. Such fund
2 shall be proposed for the purpose of closing, maintaining or
3 monitoring hazardous waste storage, treatment or disposal
4 sites excluding captive facilities which have been abandoned
5 or which have been closed for at least 20 years, and for the
6 purpose of taking action to abate or prevent pollution at
7 such closed or abandoned sites[.]; and
8 (18) encourage the beneficial use or reclamation of <--
9 municipal and residual waste, when such materials and
10 compounds are determined by the department to be nonhazardous
11 in nature, and such use does not harm or present a threat of
12 harm to the health and welfare of the people and environment
13 of the Commonwealth. The department shall establish rules and
14 regulations to effectuate the beneficial use or reclamation
15 of such municipal and residual wastes, including the issuance
16 of general permits for any category of beneficial use or
17 reclamation of municipal or residual waste, on a regional or
18 Statewide basis, in accordance with rules adopted by the
19 Environmental Quality Board.
20 Section 3. Section 201(a) of the act is amended and the
21 section is amended by adding a subsection to read:
22 Section 201. Submission of plans; permits.
23 (a) No person or municipality shall store, collect,
24 transport, process, beneficially use or reclaim, or dispose of
25 municipal waste within this Commonwealth unless such storage,
26 collection, transportation, processing, beneficial use or
27 reclamation or disposal is authorized by the rules and
28 regulations of the department and no person or municipality
29 shall own or operate a municipal waste processing or disposal
30 facility unless such person or municipality has first obtained a
19890H0139B2155 - 4 -
1 permit for such facility from the department.
2 (a.1) (1) Beneficial use or reclamation of municipal waste
3 shall include, but not be limited to, the following:
4 (i) The uses which are the subject of Federal
5 Procurement Guidelines issued by the Environmental
6 Protection Agency under section 6002 of the Solid Waste
7 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
8 (ii) The extraction or recovery and application of
9 materials and compounds contained within municipal waste,
10 when such materials and compounds are determined by the
11 department to be nonhazardous in nature, prior to such
12 use.
13 (2) The department may establish siting criteria,
14 design, operating and certification standards of wastes from
15 specific generators for the beneficial use or reclamation of
16 municipal waste. The department may require a person or
17 municipality that beneficially uses or reclaims municipal
18 waste to notify the department prior to such use. No waste
19 shall be stored for longer than one year, and the department
20 shall monitor the waste while being stored for changes in
21 physical and chemical properties, including leachability.
22 Generators of certified municipal waste shall notify the
23 department in the event changes occur with regard to the
24 origin of the municipal waste or physical and chemical
25 properties of the waste, including leachability.
26 Recertification shall be required, in the event of any such
27 changes.
28 * * *
29 Section 4. Section 302 of the act is amended to read:
30 Section 302. Disposal, processing [and], storage and beneficial
19890H0139B2155 - 5 -
1 use or reclamation of residual waste.
2 (a) It shall be unlawful for any person or municipality to
3 dispose, process, store, beneficially use or reclaim, or permit
4 the disposal, processing, beneficial use or reclamation or
5 storage of any residual waste in a manner which is contrary to
6 the rules and regulations of the department or to any permit or
7 to the terms or conditions of any permit or any order issued by
8 the department.
9 (b) It shall be unlawful for any person or municipality who
10 stores, processes, beneficially uses or reclaims, or disposes of
11 residual waste to fail to:
12 (1) Use such methods and facilities as are necessary to
13 control leachate, runoff, discharges and emissions from
14 residual waste in accordance with department regulations.
15 (2) Use such methods and facilities as are necessary to
16 prevent the harmful or hazardous mixing of wastes.
17 (3) Design, construct, operate and maintain facilities
18 and areas in a manner which shall not adversely effect or
19 endanger public health, safety and welfare or the environment
20 or cause a public nuisance.
21 (c) (1) Beneficial use or reclamation of residual waste
22 shall include, but not be limited to the following:
23 (i) The uses which are the subject of the Federal
24 Procurement Guidelines issued by the Environmental
25 Protection Agency under section 6002 of the Solid Waste
26 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
27 (ii) The extraction or recovery and application of
28 materials and compounds contained within residual waste,
29 when such materials and compounds are determined by the
30 department to be nonhazardous in nature, prior to such
19890H0139B2155 - 6 -
1 use.
2 (2) The department may establish siting criteria,
3 design, operating and certification standards of wastes from
4 specific generators for the beneficial use or reclamation of
5 residual waste. The department may require a person or
6 municipality that beneficially uses or reclaims residual
7 waste to notify the department prior to such use. No waste
8 shall be stored for longer than one year, and the department
9 shall monitor the waste while being stored for changes in
10 physical and chemical properties, including leachability.
11 Generators of certified residual waste shall notify the
12 department in the event changes occur with regard to the
13 facility from which the residual waste is originating,
14 combustion and operating characteristics of the facility, or
15 physical and chemical properties of the residual waste,
16 including leachability. Recertification shall be required in
17 the event of such changes.
18 Section 5. Section 502 of the act is amended by adding a
19 subsection to read:
20 Section 502. Permit and license application requirements.
21 * * *
22 (h) The department may or may not require bonds under
23 section 505(a) or insurance under subsection (e) for any general
24 permit or class of general permit promulgated under section
25 104(18).
26 (18) ENCOURAGE THE BENEFICIAL USE OR PROCESSING OF <--
27 MUNICIPAL WASTE OR RESIDUAL WASTE WHEN THE DEPARTMENT
28 DETERMINES THAT SUCH USE DOES NOT HARM OR PRESENT A THREAT OF
29 HARM TO THE HEALTH, SAFETY OR WELFARE OF THE PEOPLE OR
30 ENVIRONMENT OF THIS COMMONWEALTH. THE DEPARTMENT SHALL
19890H0139B2155 - 7 -
1 ESTABLISH WASTE REGULATIONS TO EFFECTUATE THE BENEFICIAL USE
2 OF MUNICIPAL AND RESIDUAL WASTE, INCLUDING REGULATIONS FOR
3 THE ISSUANCE OF GENERAL PERMITS FOR ANY CATEGORY OF
4 BENEFICIAL USE OR PROCESSING OF MUNICIPAL WASTE OR RESIDUAL
5 WASTE ON A REGIONAL OR STATEWIDE BASIS IN ACCORDANCE WITH THE
6 REGULATIONS ADOPTED BY THE ENVIRONMENTAL QUALITY BOARD. THE
7 DEPARTMENT MAY OR MAY NOT REQUIRE INSURANCE UNDER SECTION
8 502(E) OR BONDS UNDER SECTION 505(A) FOR ANY GENERAL PERMIT
9 OR CLASS OF GENERAL PERMITS PROMULGATED UNDER THIS PARAGRAPH.
10 EXCEPT WITH THE WRITTEN APPROVAL OF THE DEPARTMENT, NO WASTE
11 MAY BE STORED FOR LONGER THAN ONE YEAR. RESIDUAL WASTES BEING
12 STORED SHALL BE MONITORED FOR CHANGES IN PHYSICAL AND
13 CHEMICAL PROPERTIES, INCLUDING LEACHABILITY, PURSUANT TO
14 APPLICABLE REGULATIONS, BY THE PERSON OR MUNICIPALITY
15 BENEFICIALLY USING OR PROCESSING SUCH WASTE. THE DEPARTMENT
16 MAY REQUIRE THE SUBMISSION OF PERIODIC ANALYSES OR OTHER
17 INFORMATION TO INSURE THAT THE QUALITY OF RESIDUAL WASTE TO
18 BE BENEFICIALLY USED OR PROCESSED DOES NOT CHANGE. A
19 MUNICIPALITY OR PERSON BENEFICIALLY USING OR PROCESSING THE
20 RESIDUAL WASTE SHALL IMMEDIATELY NOTIFY THE DEPARTMENT, UPON
21 FORMS PROVIDED BY DEPARTMENT, OF ANY CHANGE IN THE PHYSICAL
22 OR CHEMICAL PROPERTIES OF THE RESIDUAL WASTE, INCLUDING
23 LEACHABILITY; AND THE DEPARTMENT SHALL CONDUCT AN
24 INVESTIGATION AND ORDER NECESSARY CORRECTIVE ACTION. UPON
25 RECEIPT OF A SIGNED, WRITTEN COMPLAINT OF ANY PERSON WHOSE
26 HEALTH, SAFETY OR WELFARE MAY BE ADVERSELY AFFECTED BY A
27 PHYSICAL OR CHEMICAL CHANGE IN THE PROPERTIES OF RESIDUAL
28 WASTE TO BE BENEFICIALLY USED OR PROCESSED, INCLUDING
29 LEACHABILITY, THE DEPARTMENT SHALL DETERMINE THE VALIDITY OF
30 THE COMPLAINT AND TAKE APPROPRIATE ACTION.
19890H0139B2155 - 8 -
1 SECTION 3. SECTIONS 602(B) AND (C), 608(2) AND (3) AND
2 610(4) OF THE ACT ARE AMENDED TO READ:
3 SECTION 602. ENFORCEMENT ORDERS.
4 * * *
5 (B) IF THE DEPARTMENT FINDS THAT THE STORAGE, COLLECTION,
6 TRANSPORTATION, PROCESSING, TREATMENT, BENEFICIAL USE OR
7 DISPOSAL OF SOLID WASTE IS CAUSING POLLUTION OF THE AIR, WATER,
8 LAND OR OTHER NATURAL RESOURCES OF THE COMMONWEALTH OR IS
9 CREATING A PUBLIC NUISANCE, THE DEPARTMENT MAY ORDER THE PERSON
10 OR THE MUNICIPALITY TO ALTER ITS STORAGE, COLLECTION,
11 TRANSPORTATION, PROCESSING, TREATMENT, BENEFICIAL USE OR
12 DISPOSAL SYSTEMS TO PROVIDE SUCH STORAGE, COLLECTION,
13 TRANSPORTATION, PROCESSING, TREATMENT, BENEFICIAL USE OR
14 DISPOSAL SYSTEMS AS WILL PREVENT POLLUTION AND PUBLIC NUISANCES.
15 SUCH ORDER SHALL SPECIFY THE LENGTH OF TIME AFTER RECEIPT OF THE
16 ORDER WITHIN WHICH THE FACILITY OR AREA SHALL BE REPAIRED,
17 ALTERED, CONSTRUCTED OR RECONSTRUCTED.
18 (C) ANY PERSON OR MUNICIPALITY ORDERED BY THE DEPARTMENT TO
19 REPAIR, ALTER, CONSTRUCT, OR RECONSTRUCT A SOLID WASTE FACILITY
20 OR AREA SHALL TAKE SUCH STEPS FOR THE REPAIR, ALTERATION,
21 CONSTRUCTION, OR RECONSTRUCTION OF THE FACILITY OR AREA AS MAY
22 BE NECESSARY FOR THE STORAGE, PROCESSING, TREATMENT, BENEFICIAL
23 USE AND DISPOSAL OF ITS SOLID WASTE IN COMPLIANCE WITH THIS ACT
24 AND THE RULES AND REGULATIONS OF THE DEPARTMENT, AND STANDARDS
25 AND ORDERS OF THE DEPARTMENT.
26 * * *
27 SECTION 608. PRODUCTION OF MATERIALS; RECORDKEEPING
28 REQUIREMENTS; RIGHTS OF ENTRY.
29 THE DEPARTMENT AND ITS AGENTS AND EMPLOYEES SHALL:
30 * * *
19890H0139B2155 - 9 -
1 (2) REQUIRE ANY PERSON OR MUNICIPALITY ENGAGED IN THE
2 STORAGE, TRANSPORTATION, PROCESSING, TREATMENT, BENEFICIAL
3 USE OR DISPOSAL OF ANY SOLID WASTE TO ESTABLISH AND MAINTAIN
4 SUCH RECORDS AND MAKE SUCH REPORTS AND FURNISH SUCH
5 INFORMATION AS THE DEPARTMENT MAY PRESCRIBE.
6 (3) ENTER ANY BUILDING, PROPERTY, PREMISES OR PLACE
7 WHERE SOLID WASTE IS GENERATED, STORED, PROCESSED, TREATED,
8 BENEFICIALLY USED OR DISPOSED OF FOR THE PURPOSES OF MAKING
9 SUCH INVESTIGATION OR INSPECTION AS MAY BE NECESSARY TO
10 ASCERTAIN THE COMPLIANCE OR NONCOMPLIANCE BY ANY PERSON OR
11 MUNICIPALITY WITH THE PROVISIONS OF THIS ACT AND THE RULES OR
12 REGULATIONS PROMULGATED HEREUNDER. IN CONNECTION WITH SUCH
13 INSPECTION OR INVESTIGATION, SAMPLES MAY BE TAKEN OF ANY
14 SOLID, SEMISOLID, LIQUID OR CONTAINED GASEOUS MATERIAL FOR
15 ANALYSIS. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF
16 THE RESULTS OF THE ANALYSIS SHALL BE FURNISHED WITHIN FIVE
17 BUSINESS DAYS TO THE PERSON HAVING APPARENT AUTHORITY OVER
18 THE BUILDING, PROPERTY, PREMISES OR PLACE.
19 SECTION 610. UNLAWFUL CONDUCT.
20 IT SHALL BE UNLAWFUL FOR ANY PERSON OR MUNICIPALITY TO:
21 * * *
22 (4) STORE, COLLECT, TRANSPORT, PROCESS, TREAT,
23 BENEFICIALLY USE, OR DISPOSE OF, OR ASSIST IN THE STORAGE,
24 COLLECTION, TRANSPORTATION, PROCESSING, TREATMENT, BENEFICIAL
25 USE, OR DISPOSAL OF, SOLID WASTE CONTRARY TO THE RULES OR
26 REGULATIONS ADOPTED UNDER THIS ACT, OR ORDERS OF THE
27 DEPARTMENT, OR ANY TERM OR ANY CONDITION OF ANY PERMIT, OR IN
28 ANY MANNER AS TO CREATE A PUBLIC NUISANCE OR TO ADVERSELY
29 AFFECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
30 * * *
19890H0139B2155 - 10 -
1 Section 6 4. Nothing in this act shall be deemed to affect <--
2 section 508 of the act nor any other provision of the act in
3 relation to coal ash.
4 Section 7 5. This act shall take effect in 60 days. <--
A23L35DGS/19890H0139B2155 - 11 -