PRINTER'S NO. 3151
No. 2274 Session of 1986
INTRODUCED BY PETRARCA, J. L. WRIGHT, LUCYK, BURD, PERZEL,
BELFANTI, ARTY, GEIST, AFFLERBACH, HERMAN, FISCHER, MORRIS,
McCALL, PETRONE, HALUSKA, MERRY, DISTLER, SIRIANNI, FARGO,
BELARDI, KOSINSKI, OLASZ, TELEK, STAIRS, BOOK, STUBAN,
WOZNIAK, DALEY, KASUNIC, STEWART, MICHLOVIC, MARKOSEK, BLACK,
SWEET AND LESCOVITZ, MARCH 19, 1986
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
MARCH 19, 1986
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," adding a
18 definition; further providing for the definition of "solid
19 waste"; further providing for powers and duties of the
20 department and of the Environmental Quality Board; and
21 providing for certain handling of coal ash.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definition of "solid waste" in section 103 of
25 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
1 Waste Management Act, is amended and the section is amended by
2 adding a definition to read:
3 Section 103. Definitions.
4 The following words and phrases when used in this act shall
5 have, unless the context clearly indicates otherwise, the
6 meanings given to them in this section:
7 * * *
8 "Coal ash." Fly ash, bottom ash or boiler slag resulting
9 from the combustion of coal, that is or has been beneficially
10 used, reused or reclaimed for a commercial, industrial or
11 governmental purpose. The term includes such materials that are
12 stored, processed, transported or sold for beneficial use, reuse
13 or reclamation.
14 * * *
15 "Solid waste." Any waste, including but not limited to,
16 municipal, residual or hazardous wastes, including solid,
17 liquid, semisolid or contained gaseous materials. The term does
18 not include coal ash.
19 * * *
20 Section 2. Sections 104(1) and 105(a) of the act are amended
21 to read:
22 Section 104. Powers and duties of the department.
23 The department in consultation with the Department of Health
24 regarding matters of public health significance shall have the
25 power and its duty shall be to:
26 (1) administer the solid waste management program,
27 including resource recovery and utilization, pursuant to the
28 provisions of this act;
29 * * *
30 Section 105. Powers and duties of the Environmental Quality
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1 Board.
2 (a) The Environmental Quality Board shall have the power and
3 its duty shall be to adopt the rules [and regulations],
4 regulations, criteria and standards of the department to
5 accomplish the purposes and to carry out the provisions of this
6 act, including but not limited to the establishment of rules and
7 regulations relating to the protection of safety, health,
8 welfare and property of the public and the air, water and other
9 natural resources of the Commonwealth.
10 * * *
11 Section 3. The act is amended by adding a section to read:
12 Section 508. Coal combustion ash and boiler slag.
13 (a) Beneficial use, reuse or reclamation of coal ash shall
14 include, but not be limited to, the following if they comply
15 with subsections (b), (c) and (d):
16 (1) The uses which are the subject of Federal
17 Procurement Guidelines issued by the Environmental Protection
18 Agency under section 6002 of the Solid Waste Disposal Act
19 (Public Law 89-272, 42 U.S.C. 6962).
20 (2) The extraction or recovery of materials and
21 compounds contained within coal ash.
22 (3) Those uses in which the physical or chemical
23 characteristics are altered prior to use or during placement.
24 (4) The use of bottom ash as an anti-skid material.
25 (5) The use as a raw material for another product.
26 (6) The use for mine subsidence, mine fire control and
27 mine sealing.
28 (7) The use as structural fill, soil substitutes or soil
29 additives.
30 (b) The department may, in its discretion, establish siting
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1 criteria and design and operating standards governing the
2 storage of coal ash prior to beneficial use, reuse or
3 reclamation.
4 (c) The department may, in its discretion, establish siting
5 criteria and design and operating standards governing the use of
6 coal ash as structural fill, soil substitutes and soil
7 additives. A person using coal ash for such purposes shall
8 notify the department prior to such use.
9 (d) The department may, in its discretion, certify coal ash
10 that is used as structural fill, soil substitutes and soil
11 additives.
12 (1) Certification shall issue after the department has
13 considered the following data:
14 (i) The facility from which the coal ash is
15 originating.
16 (ii) The combustion and operating characteristics of
17 the facility.
18 (iii) The physical and chemical properties of the
19 coal ash, including leachability.
20 (2) Generators of certified coal ash shall notify the
21 department whenever the data referred to in paragraph (1) are
22 or have been significantly altered. At such time,
23 recertification will be required.
24 Section 4. This act shall take effect in 60 days.
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