PRINTER'S NO. 544
No. 506 Session of 2001
INTRODUCED BY HERMAN, HENNESSEY, SURRA, BARD, SOLOBAY, MAJOR,
YUDICHAK, CALTAGIRONE, CLARK, DAILEY, DeLUCA, HESS, HORSEY,
LAUGHLIN, LEH, McILHATTAN, MICHLOVIC, MUNDY, SCRIMENTI,
SHANER, STABACK, STEELMAN, STERN, TIGUE, TULLI, WALKO,
WANSACZ, C. WILLIAMS AND YOUNGBLOOD, FEBRUARY 6, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 6, 2001
AN ACT
1 Authorizing municipalities to adopt ordinances providing for
2 testing of sewage sludge on reclamation sites; providing for
3 shared costs and for setback from residential areas;
4 authorizing fines; and providing for exceptions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Reclamation
9 Site Sewage Sludge Testing Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Department." The Department of Environmental Protection of
15 the Commonwealth.
16 "Reclamation site." Drastically disturbed land that is
17 reclaimed using sewage sludge. The term includes, but is not
1 limited to, active and abandoned coal and noncoal surface mines
2 and construction sites.
3 Section 3. Testing.
4 Notwithstanding any other provision of law, the governing
5 body of a municipality may adopt an ordinance to require
6 unannounced, independent testing of sewage sludge that is to be
7 land-applied to reclamation sites within its boundaries. The
8 municipality may select the testing facility of its choice to
9 conduct the testing and the testing facility shall use the
10 testing methods approved in regulations of the department in
11 order to determine the levels of pollutants, pathogens and
12 vector attraction present in the sewage sludge.
13 Section 4. Shared costs.
14 An ordinance adopted pursuant to this act may include a
15 provision that the costs required for conducting the testing
16 shall be shared equally by the municipality and the person who
17 applies the sewage sludge to the land. This cost-sharing
18 authorization shall be limited to no more than six times per
19 permit per year. Unlimited testing may be conducted at the sole
20 expense of the municipality.
21 Section 5. Setback from residential areas.
22 An ordinance adopted pursuant to this act may contain a
23 requirement that sewage sludge shall not be applied within 1,000
24 feet of an occupied dwelling, spring or well in existence at the
25 time of adjacent landowner notification required in regulations
26 of the department, unless the current owner of the dwelling,
27 spring or well provides written consent to such activities
28 occurring closer than 1,000 feet.
29 Section 6. Fines.
30 Any ordinance adopted pursuant to this act may impose fines
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1 for a violation of the ordinance.
2 Section 7. Exceptions.
3 This act shall not be construed to regulate the:
4 (1) Placement of sewage sludge into landfills.
5 (2) Land application of sewage sludge as part of normal
6 farming operations.
7 Section 8. Effective date.
8 This act shall take effect immediately.
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