PRIOR PRINTER'S NO. 3151 PRINTER'S NO. 4099
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 18, 1986
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 7, 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 DEFINITIONS; further providing for the definition <--
19 of "solid waste"; further providing for powers and duties of
20 the 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 DEFINITIONS 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 "DRILL CUTTINGS." ROCK CUTTINGS AND RELATED MINERAL RESIDUES <--
16 CREATED DURING THE DRILLING OF WELLS PURSUANT TO THE ACT OF
17 DECEMBER 19, 1984 (P.L.1140, NO.223), KNOWN AS THE "OIL AND GAS
18 ACT," PROVIDED SUCH MATERIALS ARE DISPOSED OF AT THE WELL SITE
19 AND PURSUANT TO SECTION 206 OF THE "OIL AND GAS ACT."
20 * * *
21 "Solid waste." Any waste, including but not limited to,
22 municipal, residual or hazardous wastes, including solid,
23 liquid, semisolid or contained gaseous materials. The term does
24 not include coal ash OR DRILL CUTTINGS. <--
25 * * *
26 Section 2. Sections 104(1) and 105(a) of the act are amended
27 to read:
28 Section 104. Powers and duties of the department.
29 The department in consultation with the Department of Health
30 regarding matters of public health significance shall have the
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1 power and its duty shall be to:
2 (1) administer the solid waste management program,
3 including resource recovery and utilization, pursuant to the
4 provisions of this act;
5 * * *
6 Section 105. Powers and duties of the Environmental Quality
7 Board.
8 (a) The Environmental Quality Board shall have the power and
9 its duty shall be to adopt the rules [and regulations],
10 regulations, criteria and standards of the department to
11 accomplish the purposes and to carry out the provisions of this
12 act, including but not limited to the establishment of rules and
13 regulations relating to the protection of safety, health,
14 welfare and property of the public and the air, water and other
15 natural resources of the Commonwealth.
16 * * *
17 Section 3. The act is amended by adding a section to read:
18 Section 508. Coal combustion ash and boiler slag.
19 (a) Beneficial use, reuse or reclamation of coal ash shall
20 include, but not be limited to, the following if they comply
21 with subsections (b), (c) and (d):
22 (1) The uses which are the subject of Federal
23 Procurement Guidelines issued by the Environmental Protection
24 Agency under section 6002 of the Solid Waste Disposal Act
25 (Public Law 89-272, 42 U.S.C. § 6962).
26 (2) The extraction or recovery of materials and
27 compounds contained within coal ash.
28 (3) Those uses in which the physical or chemical
29 characteristics are altered prior to use or during placement.
30 (4) The use of bottom ash as an anti-skid material.
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1 (5) The use as a raw material for another product.
2 (6) The use for mine subsidence, mine fire control and
3 mine sealing.
4 (7) The use as structural fill, soil substitutes or soil
5 additives.
6 (b) The department may, in its discretion, establish siting
7 criteria and design and operating standards governing the
8 storage of coal ash prior to beneficial use, reuse or
9 reclamation.
10 (c) The department may, in its discretion, establish siting
11 criteria and design and operating standards governing the use of
12 coal ash as structural fill, soil substitutes and soil
13 additives. A person using coal ash for such purposes shall
14 notify the department prior to such use.
15 (d) The department may, in its discretion, certify coal ash
16 that is used as structural fill, soil substitutes and soil
17 additives.
18 (1) Certification shall issue after the department has
19 considered the following data:
20 (i) The facility from which the coal ash is
21 originating.
22 (ii) The combustion and operating characteristics of
23 the facility.
24 (iii) The physical and chemical properties of the
25 coal ash, including leachability.
26 (2) Generators of certified coal ash shall notify the
27 department whenever the data referred to in paragraph (1) are
28 or have been significantly altered. At such time,
29 recertification will be required.
30 Section 4. This act shall take effect in 60 days.
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