PRINTER'S NO. 3415
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2281
Session of
2018
INTRODUCED BY KNOWLES, EMRICK, McGINNIS, HELM AND HEFFLEY,
APRIL 23, 2018
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 23, 2018
AN ACT
Providing for municipal regulation of the deposit, disposal or
land application of biosolid material; and requiring a public
referendum under certain circumstances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Biosolid
Material Municipal Regulation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affected municipality." A municipality in which biosolid
material is intended to be deposited, disposed of or applied to
land or that would be directly affected by the deposition,
disposal of or application to land of biosolid material in the
municipality.
"Biosolid material." Liquid or solid sludges and other
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residues from a municipal sewage collection and treatment
system; and liquid or solid sludges and other residues from
septic and holding tank pumpings from commercial, institutional
or residential establishments. The term includes materials
derived from sewage sludge. The term does not include ash
generated during the firing of sewage sludge in a sewage sludge
incinerator, grit and screenings generated during preliminary
treatment of sewage sludge at a municipal sewage collection and
treatment system or grit, screenings and nonorganic objects from
septic and holding tank pumpings.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Deposit, disposal or land application site." The physical
location where biosolid material is intended to be deposited,
disposed or applied in an affected municipality.
"Permit." A document issued by the department that grants a
person, party, corporation or governmental entity the
authorization to deposit, dispose or apply biosolid material or
any composition containing biosolid material in a municipality.
"Permit application." A request or petition to the
department seeking authorization by a person, party, corporation
or governmental entity to deposit, dispose or apply biosolid
material or any composition containing biosolid material in a
municipality.
Section 3. Biosolid material ordinances.
(a) General rule.--Subject to the provisions of subsections
(b) and (c), a municipality may adopt and enforce ordinances
regulating the deposit, testing, disposal or land application of
biosolid material.
(b) Relationship to other law.--A municipal ordinance
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regulating the deposit, disposal or land application of biosolid
material must be at least as stringent as the requirements of
the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, and the regulations promulgated under that
act.
(c) Biosolid testing.--
(1) A municipality may adopt an ordinance or resolution
authorizing the municipality to conduct tests of land for the
deposits of the biosolid material or for the biosolid
material itself, or both. The expense of the tests must be
paid by:
(i) the entity that applied the biosolid material;
(ii) the owner of the land; or
(iii) the transporter of the biosolid material.
(2) Upon written complaint of any person, the department
may enter upon any land in this Commonwealth and conduct
tests of the land for the application of biosolid material
without prior notice to the owner of the land.
Section 4. Municipal veto.
In addition to the requirements of the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act, a
municipality may veto, provided that the provisions of section 5
are satisfied, a permit application approved by the department
for the deposit, disposal or land application of biosolid
material.
Section 5. Existing permits.
Any permit issued by the department on or after January 1,
2015, that authorizes the deposit, disposal or land application
of biosolid material shall be declared null and void.
Section 6. Effective date.
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This act shall take effect in 60 days.
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