PRIOR PRINTER'S NOS. 2457, 2815 PRINTER'S NO. 3798
No. 1912 Session of 1989
INTRODUCED BY BROUJOS, NOYE, BORTNER, MAINE, BATTISTO, SAURMAN,
MORRIS, KUKOVICH, DEMPSEY, HALUSKA, MERRY, BURD, CORRIGAN,
MELIO, BILLOW, TIGUE, J. H. CLARK, NAILOR, PESCI, KAISER,
COLE AND VAN HORNE, SEPTEMBER 27, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 20, 1990
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 THE DEFINITION OF "AGRICULTURAL WASTE"; FURTHER
19 PROVIDING FOR CERTAIN PERMITS; providing that no bond shall
20 be required as a condition for issuance of a permit to a
21 municipality OR A MUNICIPAL AUTHORITY for land application of <--
22 sewage sludge; AND EXTENDING THE DEADLINE FOR FILING FOR A <--
23 PERMIT FOR DISPOSAL OF MUNICIPAL WASTES.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 505 of the act of July 7, 1980 (P.L.380, <--
27 No.97), known as the Solid Waste Management Act, is amended by
1 adding a subsection to read:
2 SECTION 1. THE DEFINITION OF "AGRICULTURAL WASTE" IN SECTION <--
3 103 OF THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE
4 SOLID WASTE MANAGEMENT ACT, IS AMENDED 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 "AGRICULTURAL WASTE." POULTRY AND LIVESTOCK MANURE, OR
11 RESIDUAL MATERIALS IN LIQUID OR SOLID FORM GENERATED IN THE
12 PRODUCTION AND MARKETING OF POULTRY, LIVESTOCK, FUR BEARING
13 ANIMALS, AND THEIR PRODUCTS, PROVIDED THAT SUCH AGRICULTURAL
14 WASTE IS NOT HAZARDOUS. THE TERM INCLUDES THE RESIDUAL MATERIALS
15 GENERATED IN PRODUCING, HARVESTING, AND MARKETING OF ALL
16 AGRONOMIC, HORTICULTURAL, AND SILVICULTURAL CROPS OR COMMODITIES
17 GROWN ON WHAT ARE USUALLY RECOGNIZED AND ACCEPTED AS FARMS,
18 FORESTS, OR OTHER AGRICULTURAL LANDS. THE TERM ALSO INCLUDES
19 MATERIALS IN LIQUID OR SOLID FORM GENERATED IN THE PRODUCTION
20 AND MARKETING OF FISH OR FISH HATCHERIES.
21 * * *
22 SECTION 2. SECTIONS 503 AND 505 OF THE ACT ARE AMENDED BY
23 ADDING SUBSECTIONS TO READ:
24 SECTION 503. GRANTING, DENYING, RENEWING, MODIFYING, REVOKING
25 AND SUSPENDING PERMITS AND LICENSES.
26 * * *
27 (F) THE DEPARTMENT SHALL NOT CONSIDER ANY APPLICATION FOR A
28 PERMIT, INCLUDING ANY APPLICATION PENDING ON THE EFFECTIVE DATE
29 OF THIS SUBSECTION, AND SHALL NOT ISSUE ANY PERMIT FOR, OR
30 OTHERWISE AUTHORIZE OR ALLOW, THE CONSTRUCTION OR EXPANSION OF
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1 ANY SOLID WASTE TREATMENT, DISPOSAL OR PROCESSING FACILITY ON
2 ANY LAND IN, OR WITHIN 2,500 FEET OF THE PERIMETER OF, A
3 PERMITTED AREA WITHIN WHICH IS LOCATED A SITE THAT HAS BEEN
4 PLACED ON EITHER THE FINAL OR PROPOSED NATIONAL PRIORITY LIST
5 ESTABLISHED PURSUANT TO THE SUPERFUND AMENDMENTS AND
6 REAUTHORIZATION ACT OF 1986 (PUBLIC LAW 99-499, 100 STAT. 1613),
7 OR ANY SIMILAR LIST ESTABLISHED BY THE COMMONWEALTH UNDER THE
8 ACT OF OCTOBER 18, 1988 (P.L.756, NO.108), KNOWN AS THE
9 "HAZARDOUS SITES CLEANUP ACT," UNTIL AFTER THE SITE IS ORDERED
10 DELISTED BY THE APPROPRIATE FEDERAL OR STATE AGENCY AS A RESULT
11 OF THE CLEANUP OF THE SITE HAVING BEEN COMPLETED. NOTHING IN
12 THIS SUBSECTION SHALL PROHIBIT THE ISSUANCE OF ANY PERMIT,
13 AUTHORIZATION OR ALLOWANCE THAT IS NECESSARY SOLELY FOR THE
14 TAKING OF ANY REMEDIAL CLEANUP ACTION.
15 Section 505. Bonds.
16 * * *
17 (f) Notwithstanding any other provisions of this act, when
18 an application for the land application of sewage sludge is made
19 by a municipality OR A MUNICIPAL AUTHORITY, the filing of a bond <--
20 with the department shall not be required as a condition for
21 issuance of a permit to the municipality OR MUNICIPAL AUTHORITY <--
22 for the application of the sewage sludge.
23 SECTION 3. NOTWITHSTANDING ANY OTHER LAW OR REGULATION TO <--
24 THE CONTRARY, A COUNTY OR MUNICIPALITY WHICH AS OF APRIL 9,
25 1990, HAS A PERMIT ISSUED PRIOR TO APRIL 9, 1988, FOR A
26 CURRENTLY EXISTING MUNICIPAL WASTE LANDFILL LINED WITH MATERIALS
27 THAT ARE NO MORE PERMEABLE THAN 1 X 10 (TO THE MINUS 5 EXPONENT)
28 CM/SEC., AND BY APRIL 9, 1990, HAS AN ADMINISTRATIVELY COMPLETE
29 APPLICATION COVERING THE CONSTRUCTION OF NEW FACILITIES,
30 INCLUDING MUNICIPAL WASTE TRANSFER STATIONS, UNDER REVIEW BY THE
19890H1912B3798 - 3 -
1 DEPARTMENT OF ENVIRONMENTAL RESOURCES, CAN ACCEPT MUNICIPAL
2 WASTE FOR DISPOSAL IN THE EXISTING LANDFILL UNTIL THE NEW SITE
3 OR MUNICIPAL WASTE TRANSFER STATION IS PERMITTED AND COMPLETE,
4 OR SEPTEMBER 30, 1991, WHICHEVER OCCURS FIRST, UNLESS THE COUNTY
5 OR MUNICIPALITY RECEIVES A FINAL DENIAL OF ITS PERMIT. THE NEW
6 SITE SHALL COMPLY WITH 25 PA. CODE CHS. 271 (RELATING TO
7 MUNICIPAL WASTE MANAGEMENT - GENERAL PROVISIONS) AND 273
8 (RELATING TO MUNICIPAL WASTE LANDFILLS).
9 Section 2 4. This act shall take effect immediately. <--
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