PRIOR PRINTER'S NO. 152 PRINTER'S NO. 539
No. 139 Session of 1989
INTRODUCED BY BURD, VAN HORNE, HASAY, B. D. CLARK, CESSAR,
MORRIS, FARGO, TRELLO, MERRY, BATTISTO, VROON, DOMBROWSKI,
DISTLER, GAMBLE, NOYE, BELARDI, HERSHEY, LETTERMAN,
E. Z. TAYLOR, CAWLEY, McVERRY, OLASZ, SEMMEL, RITTER,
CARLSON, VEON, LANGTRY, BOYES, FARMER, ROBBINS, GEIST,
LASHINGER, GLADECK, SAURMAN, SCHEETZ, S. H. SMITH, DEMPSEY,
DORR, MOEHLMANN, BUNT, BARLEY, JADLOWIEC, HERMAN, ARGALL,
GODSHALL, CORNELL, JOHNSON, D. W. SNYDER, REBER, ALLEN,
FLEAGLE, FOX, NAHILL, GRUPPO, BRANDT, WASS, STAIRS, KONDRICH
AND WILSON, JANUARY 30, 1989
AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 1989
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," further
18 providing for powers and duties of the department; and
19 providing for the beneficial use or reclamation of municipal
20 and residual waste.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
1 Section 1. The definition of "processing" in section 103 of
2 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
3 Waste Management Act, is amended and the section is amended by
4 adding definitions to read:
5 Section 103. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 * * *
10 "Beneficial use." The use of any nonhazardous waste for
11 other than its original purpose or the process that generated
12 it, and where such use does not harm or present a threat of harm
13 to the health and welfare of the people and environment of the
14 Commonwealth.
15 * * *
16 "Processing." Any technology used for the purpose of
17 reducing the volume or bulk of municipal or residual waste or
18 any technology used to convert part or all of such waste
19 materials for [off-site reuse] beneficial use or reclamation.
20 Processing facilities include but are not limited to transfer
21 facilities, composting facilities, and resource recovery
22 facilities.
23 "Reclamation." The recycling or processing of a nonhazardous
24 waste to return it to a form suitable for use in its original
25 purpose or reuse in the process that generated it.
26 * * *
27 Section 2. Section 104(16) and (17) of the act are amended
28 and the section is amended by adding a paragraph to read:
29 Section 104. Powers and duties of the department.
30 The department in consultation with the Department of Health
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1 regarding matters of public health significance shall have the
2 power and its duty shall be to:
3 * * *
4 (16) require the payment of such annual inspection fees
5 and perform such inspections of hazardous waste treatment and
6 disposal facilities as are provided for in the Environmental
7 Quality Board guidelines adopted pursuant to section 105(e).
8 This provision shall not be construed to limit or restrict
9 the department's inspection powers as elsewhere set forth in
10 this act; [and]
11 (17) administer funds collected by the United States
12 Government and granted to Pennsylvania for the purpose of
13 closing, maintaining or monitoring abandoned or closed
14 hazardous waste storage, treatment or disposal sites and for
15 the purpose of action to abate or prevent pollution at such
16 sites. If Congress has not authorized the collection of such
17 funds within one year after the effective date of this act,
18 or if the department finds that the funding program
19 authorized is inadequate, the department shall transmit to
20 the General Assembly within 15 months after the effective
21 date of this act a proposal for the establishment of a fund
22 in Pennsylvania comprised of surcharges collected from users
23 of hazardous waste storage, treatment and disposal facilities
24 excluding captive facilities in the Commonwealth. Such fund
25 shall be proposed for the purpose of closing, maintaining or
26 monitoring hazardous waste storage, treatment or disposal
27 sites excluding captive facilities which have been abandoned
28 or which have been closed for at least 20 years, and for the
29 purpose of taking action to abate or prevent pollution at
30 such closed or abandoned sites[.]; and
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1 (18) encourage the beneficial use or reclamation of
2 municipal and residual waste, when such materials and
3 compounds are determined by the department to be nonhazardous
4 in nature, and such use does not harm or present a threat of
5 harm to the health and welfare of the people and environment
6 of the Commonwealth. The department shall establish rules and
7 regulations to effectuate the beneficial use or reclamation
8 of such municipal and residual wastes, including the issuance
9 of general permits for any category of beneficial use or
10 reclamation of municipal or residual waste, on a regional or
11 Statewide basis, in accordance with rules adopted by the
12 Environmental Quality Board.
13 Section 3. Section 201(a) of the act is amended and the
14 section is amended by adding a subsection to read:
15 Section 201. Submission of plans; permits.
16 (a) No person or municipality shall store, collect,
17 transport, process, beneficially use or reclaim, or dispose of
18 municipal waste within this Commonwealth unless such storage,
19 collection, transportation, processing, beneficial use or
20 reclamation or disposal is authorized by the rules and
21 regulations of the department and no person or municipality
22 shall own or operate a municipal waste processing or disposal
23 facility unless such person or municipality has first obtained a
24 permit for such facility from the department.
25 (a.1) (1) Beneficial use or reclamation of municipal waste
26 shall include, but not be limited to, the following:
27 (i) The uses which are the subject of Federal
28 Procurement Guidelines issued by the Environmental
29 Protection Agency under section 6002 of the Solid Waste
30 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
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1 (ii) The extraction or recovery and application of
2 materials and compounds contained within municipal waste,
3 when such materials and compounds are determined by the
4 department to be nonhazardous in nature, prior to such
5 use.
6 (2) The department may establish siting criteria,
7 design, operating and certification standards of wastes from
8 specific generators for the beneficial use or reclamation of
9 municipal waste. The department may require a person or
10 municipality that beneficially uses or reclaims municipal
11 waste to notify the department prior to such use. NO WASTE <--
12 SHALL BE STORED FOR LONGER THAN ONE YEAR, AND THE DEPARTMENT
13 SHALL MONITOR THE WASTE WHILE BEING STORED FOR CHANGES IN
14 PHYSICAL AND CHEMICAL PROPERTIES, INCLUDING LEACHABILITY.
15 Generators of certified municipal waste shall notify the
16 department in the event changes occur with regard to the
17 origin of the municipal waste or physical and chemical
18 properties of the waste, including leachability.
19 Recertification shall be required, in the event of any such
20 changes.
21 * * *
22 Section 4. Section 302 of the act is amended to read:
23 Section 302. Disposal, processing [and], storage and beneficial
24 use or reclamation of residual waste.
25 (a) It shall be unlawful for any person or municipality to
26 dispose, process, store, beneficially use or reclaim, or permit
27 the disposal, processing, beneficial use or reclamation or
28 storage of any residual waste in a manner which is contrary to
29 the rules and regulations of the department or to any permit or
30 to the terms or conditions of any permit or any order issued by
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1 the department.
2 (b) It shall be unlawful for any person or municipality who
3 stores, processes, beneficially uses or reclaims, or disposes of
4 residual waste to fail to:
5 (1) Use such methods and facilities as are necessary to
6 control leachate, runoff, discharges and emissions from
7 residual waste in accordance with department regulations.
8 (2) Use such methods and facilities as are necessary to
9 prevent the harmful or hazardous mixing of wastes.
10 (3) Design, construct, operate and maintain facilities
11 and areas in a manner which shall not adversely effect or
12 endanger public health, safety and welfare or the environment
13 or cause a public nuisance.
14 (c) (1) Beneficial use or reclamation of residual waste
15 shall include, but not be limited to the following:
16 (i) The uses which are the subject of the Federal
17 Procurement Guidelines issued by the Environmental
18 Protection Agency under section 6002 of the Solid Waste
19 Disposal Act (Public Law 89-272, 42 U.S.C. § 6962).
20 (ii) The extraction or recovery and application of
21 materials and compounds contained within residual waste,
22 when such materials and compounds are determined by the
23 department to be nonhazardous in nature, prior to such
24 use.
25 (2) The department may establish siting criteria,
26 design, operating and certification standards of wastes from
27 specific generators for the beneficial use or reclamation of
28 residual waste. The department may require a person or
29 municipality that beneficially uses or reclaims residual
30 waste to notify the department prior to such use. NO WASTE <--
19890H0139B0539 - 6 -
1 SHALL BE STORED FOR LONGER THAN ONE YEAR, AND THE DEPARTMENT
2 SHALL MONITOR THE WASTE WHILE BEING STORED FOR CHANGES IN
3 PHYSICAL AND CHEMICAL PROPERTIES, INCLUDING LEACHABILITY.
4 Generators of certified residual waste shall notify the
5 department in the event changes occur with regard to the
6 facility from which the residual waste is originating,
7 combustion and operating characteristics of the facility, or
8 physical and chemical properties of the residual waste,
9 including leachability. Recertification shall be required in
10 the event of such changes.
11 Section 5. Section 502 of the act is amended by adding a
12 subsection to read:
13 Section 502. Permit and license application requirements.
14 * * *
15 (h) The department may or may not require bonds under
16 section 505(a) or insurance under subsection (e) for any general
17 permit or class of general permit promulgated under section
18 104(18).
19 Section 6. Nothing in this act shall be deemed to affect
20 section 508 of the act nor any other provision of the act in
21 relation to coal ash.
22 Section 7. This act shall take effect in 60 days.
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