PRIOR PRINTER'S NO. 3297 PRINTER'S NO. 3434
No. 2425 Session of 1990
INTRODUCED BY CAWLEY, GEORGE, BELARDI, LLOYD, SALOOM, FEE,
DALEY, KASUNIC, F. TAYLOR, STABACK, BATTISTO, COLE,
G. SNYDER, DISTLER, LEE, LEH, BLAUM, BIRMELIN, TIGUE,
JAROLIN, MELIO, MAINE, PRESSMANN, WOZNIAK, MILLER, STISH,
YANDRISEVITS, BOWLEY, HASAY, FREEMAN, CLYMER AND MARSICO,
MARCH 28, 1990
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 24, 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 certain definitions; AND REGULATING DRAINS <--
19 LOCATED ON THE SITE OF A TRANSFER, PROCESSING OR RECYCLING
20 FACILITY AND FOR CERTAIN PERMITS.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The definition of "processing" in section 103 of
24 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 "Processing." [Any] The term includes any of the following:
9 (1) The use of any method or technology [used] for the
10 purpose of reducing the volume or bulk of municipal or
11 residual waste [or any technology used to convert part or all
12 of such waste materials for off-site reuse], storage of
13 municipal or residual waste at a location other than the
14 generation site, or the use of any method or technology to
15 convert or segregate part or all of such waste materials for
16 reuse or recycling. Processing facilities include but are not
17 limited to transfer facilities, composting facilities,
18 recycling facilities and resource recovery facilities.
19 (2) The operation of any kind of transfer facility,
20 composting facility, recycling facility or resource recovery
21 facility, EXCEPT A RECYCLING CENTER WHICH PROCESSES ONLY <--
22 THOSE MATERIALS WHICH ARE SOURCE SEPARATED FOR THE PURPOSE OF
23 RECYCLING, INCLUDING CLEAR GLASS, COLORED GLASS, ALUMINUM,
24 STEEL AND BIMETALIC CANS, HIGH GRADE OFFICE PAPER, NEWSPRINT,
25 CORROGATED PAPER AND PLASTICS.
26 * * *
27 "Transfer facility." A facility which receives and processes
28 or temporarily stores municipal or residual waste at a location
29 other than the generation site, and which facilitates the
30 transportation or transfer of municipal or residual waste to a
19900H2425B3434 - 2 -
1 processing or disposal facility. The term may include a facility
2 that is also a recycling facility, EXCEPT A RECYCLING CENTER <--
3 WHICH PROCESSES ONLY THOSE MATERIALS WHICH ARE SOURCE SEPARATED
4 FOR THE PURPOSE OF RECYCLING, INCLUDING CLEAR GLASS, COLORED
5 GLASS, ALUMINUM, STEEL AND BIMETALIC CANS, HIGH GRADE OFFICE
6 PAPER, NEWSPRINT, CORROGATED PAPER AND PLASTICS.
7 * * *
8 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
9 SECTION 201.1. DRAINS.
10 ALL LIQUID DRAINS AND LIQUID COLLECTION SYSTEMS LOCATED ON
11 THE SITE OF ANY TRANSFER STATION SHALL DISCHARGE ONLY INTO A
12 SYSTEM APPROVED BY THE DEPARTMENT, UNDER THE PROVISIONS OF THIS
13 ACT AND THE REGULATIONS PROMULGATED THEREUNDER, FOR THE
14 DISCHARGE, COLLECTION, TREATMENT OR DISPOSAL OF LEACHATE.
15 SECTION 3. SECTION 503 OF THE ACT IS AMENDED BY ADDING A
16 SUBSECTION TO READ:
17 SECTION 503. GRANTING, DENYING, RENEWING, MODIFYING, REVOKING
18 AND SUSPENDING PERMITS AND LICENSES.
19 * * *
20 (F) THE DEPARTMENT SHALL NOT CONSIDER ANY APPLICATION FOR A
21 PERMIT, INCLUDING ANY APPLICATION PENDING ON THE EFFECTIVE DATE
22 OF THIS SUBSECTION, AND SHALL NOT ISSUE ANY PERMIT FOR, OR
23 OTHERWISE AUTHORIZE OR ALLOW, THE CONSTRUCTION OR EXPANSION OF
24 ANY SOLID WASTE TREATMENT, DISPOSAL OR PROCESSING FACILITY ON
25 ANY LAND IN, OR WITHIN 2,500 FEET OF THE PERIMETER OF, A
26 PERMITTED AREA WITHIN WHICH IS LOCATED A SITE THAT HAS BEEN
27 PLACED ON EITHER THE FINAL OR PROPOSED NATIONAL PRIORITY LIST
28 ESTABLISHED PURSUANT TO THE SUPERFUND AMENDMENTS AND
29 REAUTHORIZATION ACT OF 1986 (PUBLIC LAW 99-499, 100 STAT. 1613),
30 OR ANY SIMILAR LIST ESTABLISHED BY THE COMMONWEALTH UNDER THE
19900H2425B3434 - 3 -
1 ACT OF OCTOBER 18, 1988 (P.L.756, NO.108), KNOWN AS THE
2 "HAZARDOUS SITES CLEANUP ACT," UNTIL AFTER THE SITE IS ORDERED
3 DELISTED BY THE APPROPRIATE FEDERAL OR STATE AGENCY AS A RESULT
4 OF THE CLEANUP OF THE SITE HAVING BEEN COMPLETED. NOTHING IN
5 THIS SUBSECTION SHALL PROHIBIT THE ISSUANCE OF ANY PERMIT,
6 AUTHORIZATION OR ALLOWANCE THAT IS NECESSARY SOLELY FOR THE
7 TAKING OF ANY REMEDIAL CLEANUP ACTION.
8 Section 2 4. This act shall take effect immediately. <--
C28L35DGS/19900H2425B3434 - 4 -