HOUSE AMENDED
A03034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
513
Session of
2015
INTRODUCED BY McGARRIGLE, PILEGGI, YUDICHAK, WOZNIAK, HUTCHINSON
AND WAGNER, FEBRUARY 19, 2015
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 29, 2015
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," in residual
waste, further providing for transportation of residual
waste; and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
adding subsections to read:
Section 303. Transportation of residual waste.
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(c) The department may not prohibit the vehicular
transportation of leachate discharged from a collection and
handling system of a landfill to an offsite facility for the
treatment of the leachate.
(d) Definition.--As used in this section, the term
"Leachate" means a s defined in 25 Pa. Code § 271.1 (relating to
definitions).
Section 2. The regulations of the Department of
Environmental Protection in 25 Pa. Code § 273.273(a), (b)(1),
(2) and (3) and (e) (relating to leachate transportation) are
abrogated.
Section 3. This act shall take effect in 60 days.
SECTION 1. SECTION 303 OF THE ACT OF JULY 7, 1980 (P.L.380,
NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT, IS AMENDED BY
ADDING SUBSECTIONS TO READ:
SECTION 303. TRANSPORTATION OF RESIDUAL WASTE.
* * *
(C) THE DEPARTMENT MAY NOT PROHIBIT OR PENALIZE permit THE
VEHICULAR TRANSPORTATION OF LEACHATE DISCHARGED FROM A
COLLECTION AND HANDLING SYSTEM OF A LANDFILL TO AN OFFSITE
FACILITY FOR THE TREATMENT OF THE LEACHATE, PROVIDED THAT (1)
TRUCKING OF LEACHATE MAY BE CONDUCTED USING VEHICLES WITH
ENCLOSED TANKS IF THEY ARE OPERATED IN COMPLIANCE WITH ALL
APPLICABLE REGULATIONS PROMULGATED BY THE FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION REGULATIONS UNDER 49 CFR (RELATING TO
TRANSPORTATION).
(2) IF THE DAILY NUMBER OF TANKER VEHICLES TRANSPORTING
LEACHATE WILL BE GREATER THAN 10% OF THE TOTAL NUMBER OF
VEHICLES DELIVERING WASTE AND MATERIALS TO THE SITE AS
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EVALUATED IN THE MOST RECENT TRAFFIC STUDY FOR THE FACILITY,
A NEW TRAFFIC IMPACT ANALYSIS SHALL BE CONDUCTED AND REVIEWED
PURSUANT TO APPLICABLE REGULATIONS OF THE DEPARTMENT OF
TRANSPORTATION. THE FACILITY MAY BE REQUIRED TO SUBMIT AN
UPDATED ENVIRONMENTAL ASSESSMENT THAT INCLUDES THE NEW
TRAFFIC IMPACT ANALYSIS TO THE DEPARTMENT FOR ITS
CONSIDERATION IN ACCORDANCE WITH 25 PA. CODE §§ 271.126
(RELATING TO REQUIREMENT FOR ENVIRONMENTAL ASSESSMENT) AND
271.127 (RELATING TO ENVIRONMENTAL ASSESSMENT).
(3) TO THE EXTENT AN EXISTING PERMITTED LANDFILL, OR
EXPANSION THEREOF, PROPOSES TO USE LEACHATE TRANSPORTATION AS A
BASIC TREATMENT METHOD FOR SOME OR ALL OF THE DAILY VOLUME OF
LEACHATE CALCULATED PURSUANT TO 25 PA. CODE § 273.162(A) (1)
(RELATING TO LEACHATE TREATMENT PLAN), THE FACILITY CLOSURE AND
POST CLOSURE FINANCIAL ASSURANCE SHALL BE RECALCULATED AND
INCREASED, IF REQUIRED, TO COVER THE COSTS ASSOCIATED WITH THAT
VOLUME AND DURATION OF THE PROPOSED LEACHATE TRANSPORTATION. NO
FINANCIAL ASSURANCE MODIFICATION SHALL BE REQUIRED FOR THE USE
OF TRANSPORTATION FOR MANAGEMENT OF LEACHATE VOLUMES RELATED TO
EXCESS RAINFALL, OPEN CELL CONDITIONS, SYSTEM INTERRUPTIONS OR
EMERGENCIES.
: the department determines that the transportation of
the leachate does not pose a significant threat to public
health, welfare or safety. In determining whether the
transportation is a significant threat to public health,
welfare or safety, the department may consider environmental
and quality of life factors, including, but not limited to,
air quality, noise and traffic congestion.
(D) AS USED IN THIS SECTION, THE TERM "LEACHATE" MEANS A S
DEFINED IN 25 PA. CODE § 271.1 (RELATING TO DEFINITIONS).
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SECTION 2. THE REGULATIONS OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION IN 25 PA. CODE §§ 273.163(B) AND
273.273(A), (B)(1), (2) AND (3) AND (E) ARE ABROGATED.
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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