THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MENSCH, REICHLEY, BEYER, BRENNAN, CREIGHTON, DENLINGER, GINGRICH, HENNESSEY, HORNAMAN, KORTZ, MAHER, MURT, PICKETT, SCAVELLO, SIPTROTH, SWANGER AND VULAKOVICH, JUNE 10, 2009

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, JUNE 10, 2009  

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 Resources 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," further

providing for definitions; and regulating the application of

paunch manure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "normal farming operations" in

section 103 of the act of July 7, 1980 (P.L.380, No.97), known

as the Solid Waste Management Act, amended July 11, 1990

(P.L.450, No.109), is amended and the section is amended by

adding a definition 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:

* * *

"Normal farming operations."  The customary and generally

accepted activities, practices and procedures that farms adopt,

use, or engage in year after year in the production and

preparation for market of poultry, livestock, and their

products; and in the production, harvesting and preparation for

market of agricultural, agronomic, horticultural, silvicultural

and aquacultural crops and commodities; provided that such

operations are conducted in compliance with applicable laws, and

provided that the use or disposal of these materials will not

pollute the air, water, or other natural resources of the

Commonwealth. It includes the storage and utilization of

agricultural and food process wastes, screenings and sludges for

animal feed, and includes the agricultural utilization of septic

tank cleanings and sewage sludges which are generated off-site.

It includes the management, collection, storage, transportation,

use or disposal of manure, other agricultural waste and food

processing waste, screenings, paunch manure and sludges on land

where such materials will improve the condition of the soil, the

growth of crops, or in the restoration of the land for the same

purposes.

"Paunch manure."  The partially digested material removed

from the digestive tract of an animal at the time of slaughter.

The term does not include organs, tissue, bone, hide or other

animal parts.

* * *

Section 2.  The act is amended by adding an article to read:

ARTICLE IV-A

PAUNCH MANURE

Section 401-A.  Conditions for disposal.

(a)  Prohibition.--No person shall permit the unloading,

dumping or other disposal of paunch manure at any place, except

at a permitted application site.

(b)  Construction.--This section shall not be construed to

prohibit a person from disposing of paunch manure from his own

animals or household upon his own land, insofar as such disposal

does not create a hazard to the health of others.

Section 402-A.  Permits.

(a)  General rule.--It shall be unlawful for any person to

use any land, premises or property for the application and

storage of paunch manure without first making application for

and securing a general permit.

(b)  General permit.--

(1)  The department shall, in accordance with rules

adopted by the Environmental Quality Board, develop and issue

a general permit for use by individuals or companies that

land-apply or store paunch manure for use in normal farming

operations.

(2)  A general permit shall specify the design and

operating and monitoring conditions, as necessary to

adequately protect life, health, property and the

environment, under which the operation may be conducted

without applying for and obtaining individual permits.

(3)  The department shall publish a general permit in the

Pennsylvania Bulletin at least 30 days prior to the effective

date of the permit.

(c)  Application.--The department shall develop an

application form for use by generators of paunch manure that

seek a general permit. The application shall include, but not be

limited to, the following information:

(1)  The name, address and telephone number of the owner

of the paunch manure application site.

(2)  The name, address and telephone number of the person

who will dispose of the paunch manure.

(3)  The legal description of the paunch manure

application site.

(4)  A description of the method of disposal or storage

of paunch manure at the application site. If storage or

disposal facilities, other than temporary, are to be

utilized, engineering plans and specifications must be

included. Construction of such facilities shall not commence

until the plans and specifications have been approved by the

department.

(5)  A description of the method of application of paunch

manure.

(6)  A topographic map of the application and storage

site which shall include:

(i)  The location and names of owners of any

inhabited or vacant residence, business or facility

within 300 feet of the application site boundary.

(ii)  The location of any stream, lake, pond or well

within 300 feet of the application site boundary, 100

feet in the case of a perennial stream or 33 feet in the

case of an intermittent stream.

(iii)  The location of exceptional value wetlands

within 100 feet of the application site boundary.

(iv)  The specific location of proposed storage or

application sites.

Section 403-A.  Monitoring.

Prior to application and yearly thereafter, a permittee shall

analyze the soil and submit the results of the analysis to the

department. This monitoring shall include, but not be limited

to, monitoring various levels of the soil profile for migration

of pollutants into the water table. The department may add to

these monitoring parameters as needed to ensure public health

and safety.

Section 404-A.  Conservation districts.

(a)  General rule.--At the request of a landowner or the

department, a representative of the county conservation district

may enter property on which paunch manure is applied for the

express purpose of gathering samples of the paunch manure and

may conduct a standardized analysis of the samples. Any analysis

conducted shall be accomplished utilizing procedures recognized

by the department.

(b)  Construction.--This section shall not be construed to

permit a representative from a municipality from entering the

property for the purposes authorized under this article.

Section 405-A.  Regulations.

The department may develop regulations as necessary to

implement the provisions of this article. The regulations shall

be promulgated in accordance with the act of June 25, 1982

(P.L.633, No.181), known as the Regulatory Review Act.

Section 3.  This act shall take effect in 60 days.