PRINTER'S NO. 3262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2393
Session of
2024
INTRODUCED BY FRIEL, TAKAC, BURGOS, SCHEMEL, GLEIM, CEPEDA-
FREYTIZ, PROBST, McANDREW, PIELLI, KHAN, CONKLIN, HADDOCK,
SANCHEZ, STAMBAUGH, ZIMMERMAN, T. JONES, WEBSTER, BOROWSKI,
MALAGARI, DALEY, SCOTT, KUTZ, GREEN AND IRVIN, JUNE 7, 2024
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 7, 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 for powers
and duties of department; in applications and permits,
further providing for permits and licenses required,
transition scheme and reporting requirements and providing
for food processing residual waste; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
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adding definitions to read:
Section 103. Definitions.
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:
* * *
"Animal processing waste." Residual materials in liquid or
solid form generated in the slaughtering of poultry and
livestock or in processing and converting fish, seafood, milk,
meat or eggs to food products.
* * *
"Food processing residual waste." Animal processing waste
and vegetative processing waste.
* * *
"Hauler or broker of food processing residual waste." A
person who for a fee or other remuneration provides transport or
application or coordination for transport or application of food
processing residual waste from or to land owned or controlled by
another person or municipality.
* * *
"Land application system." A written, site-specific plan
that incorporates best management practices for the use of food
processing residual waste to prevent pollution to the air, water
and other natural resources of this Commonwealth.
* * *
"Vegetative processing waste." Residual materials in liquid
or solid form generated in the processing, converting or
manufacturing of fruits, vegetables, crops or another commodity
into marketable food items.
Section 2. Section 104(17) and (18) of the act are amended
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and the section is amended by adding a paragraph to read:
Section 104. Powers and duties of the department.
The department in consultation with the Department of Health
regarding matters of public health significance shall have the
power and its duty shall be to:
* * *
(17) administer funds collected by the United States
Government and granted to Pennsylvania for the purpose of
closing, maintaining or monitoring abandoned or closed
hazardous waste storage, treatment or disposal sites and for
the purpose of action to abate or prevent pollution at such
sites. If Congress has not authorized the collection of such
funds within one year after the effective date of this act,
or if the department finds that the funding program
authorized is inadequate, the department shall transmit to
the General Assembly within 15 months after the effective
date of this act a proposal for the establishment of a fund
in Pennsylvania comprised of surcharges collected from users
of hazardous waste storage, treatment and disposal facilities
excluding captive facilities in the Commonwealth. Such fund
shall be proposed for the purpose of closing, maintaining or
monitoring hazardous waste storage, treatment or disposal
sites excluding captive facilities which have been abandoned
or which have been closed for at least 20 years, and for the
purpose of taking action to abate or prevent pollution at
such closed or abandoned sites; [and]
(18) encourage the beneficial use or processing of
municipal waste or residual waste when the department
determines that such use does not harm or present a threat of
harm to the health, safety or welfare of the people or
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environment of this Commonwealth. The department shall
establish waste regulations to effectuate the beneficial use
of municipal and residual waste, including regulations for
the issuance of general permits for any category of
beneficial use or processing of municipal waste or residual
waste on a regional or Statewide basis in accordance with the
regulations adopted by the Environmental Quality Board. The
department may or may not require insurance under section
502(e) or bonds under section 505(a) for any general permit
or class of general permits promulgated under this paragraph.
Except with the written approval of the department, no waste
may be stored for longer than one year. Residual wastes being
stored shall be monitored for changes in physical and
chemical properties, including leachability, pursuant to
applicable regulations, by the person or municipality
beneficially using or processing such waste. The department
may require the submission of periodic analyses or other
information to insure that the quality of residual waste to
be beneficially used or processed does not change. A
municipality or person beneficially using or processing the
residual waste shall immediately notify the department, upon
forms provided by department, of any change in the physical
or chemical properties of the residual waste, including
leachability; and the department shall conduct an
investigation and order necessary corrective action. Upon
receipt of a signed, written complaint of any person whose
health, safety or welfare may be adversely affected by a
physical or chemical change in the properties of residual
waste to be beneficially used or processed, including
leachability, the department shall determine the validity of
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the complaint and take appropriate action[.]; and
(19) regulate the storage, transport and application of
food processing residual waste in coordination with the
Department of Agriculture and the State Conservation
Commission.
Section 3. Section 501(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 501. Permits and licenses required; transition scheme;
reporting requirements.
(a) It shall be unlawful for any person or municipality to
use, or continue to use, their land or the land of any other
person or municipality as a solid waste processing, storage,
treatment or disposal area without first obtaining a permit from
the department as required by this act: Provided, however, That
this section shall not apply to the short-term storage of by-
products which are utilized in the processing or manufacturing
of other products, to the extent that such by-products are not
hazardous, and do not create a public nuisance or adversely
affect the air, water and other natural resources of the
Commonwealth[: And provided further, however, That the
provisions of this section shall not apply to agricultural waste
produced in the course of normal farming operations nor the use
of food processing wastes in the course of normal farming
operations provided that such wastes are not classified by the
board as hazardous].
* * *
(d) Except as specified under section 509, it shall be
unlawful for any person or municipality to use, or continue to
use, or to apply, or continue to apply, on their land or the
land of any other person or municipality food processing
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residual waste without first obtaining a permit from the
department as required by this act.
Section 4. The act is amended by adding a section to read:
Section 509. Food processing residual waste.
(a) The storage and application of food processing residual
waste in the course of a normal farming operation shall be
managed under a land application system. Any person or
municipality engaging in the storage and application of food
processing residual waste in the course of a normal farming
operation shall file the land application system with the
department in a form and manner determined by the department.
The land application system shall include, at a minimum, all of
the following:
(1) The establishment of minimum standards of
construction, location, storage capacity and operation of
facilities intended to be used for storage of food processing
residual waste.
(2) The establishment of conditions under which
amendments to the land application system are required to be
made after the initial development or filing of the land
application system.
(3) An overview of nearby odor receptors and an analysis
of odor risk.
(4) A description of siting, site preparation, nitrogen
availability, field selection, monitoring, recordkeeping,
transportation and mechanisms for reviewing land application
system performance.
(b) The department shall develop and maintain a food
processing residual waste manual that incorporates the latest
research on proper application, storage and odor management of
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food processing residual waste. The manual shall include, at a
minimum, all of the following:
(1) A tiered system for food processing residual waste
based on content and potential for odors.
(2) Best management practices for handling, storage and
application of food processing residual waste.
(3) Established practices, technologies, standards,
strategies and other requirements for odor management of
storage and application of food processing residual waste,
which shall include a requirement that animal processing
waste and vegetative processing waste that presents or may
present a risk of odor be treated by an odor management
procedure prior to storage or land application.
(4) Testing requirements for evaluation and
establishment of nutrient content and chemical makeup of
food processing residual waste prior to transportation,
storage or land application.
(5) An identification of best management practices to be
utilized for transport, storage and application of food
processing residual waste.
(c) A hauler or broker of food processing residual waste
shall maintain a valid commercial manure hauler broker
certification under the act of June 28, 2004 (P.L.454, No.49),
known as the Commercial Manure Hauler and Broker Certification
Act.
(d) The following shall apply:
(1) A hauler or broker of food processing residual waste
shall keep and maintain the following records:
(i) A record of the chemical makeup and nutrient
content, including pH and phosphorus level and materials
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that may have been introduced in the processing of food
processing residual waste intended for application or
storage.
(ii) Documentation of the source of food processing
residual waste intended for storage or application
sufficient to allow the department to trace any
contamination to the originating facility.
(2) Prior to transfer of food processing residual waste,
a hauler or broker of food processing residual waste shall
transmit copies of all of the following documents to the
recipient of the food processing residual waste:
(i) The valid commercial manure hauler broker
certification under the Commercial Manure Hauler and
Broker Certification Act of the hauler or broker.
(ii) The record specified under paragraph (1)(i).
(3) Prior to transfer of food processing residual waste,
the recipient of the food processing residual waste shall
transmit to the hauler or broker of the food processing
residual waste a copy of the land application system required
under subsection (a).
(4) All records required under this subsection shall be
maintained for at least three years and made available upon
request to the department.
(e) The department shall coordinate with the State
Conservation Commission as necessary to implement this section.
(f) In addition to any other penalty or proceeding permitted
under this act or by law or equity, the department shall assess
a civil penalty of no more than $5,000 for a first violation of
this section. The department shall assess a civil penalty of no
more than $25,000 for a second or subsequent violation of this
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section. Each day in violation of this section shall be
considered a separate offense for the purposes of assessing the
penalty under this subsection. This subsection shall not apply
to a permit holder under this act that stores or accepts food
processing residual waste.
Section 5. This act shall take effect in 60 days.
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