PRINTER'S NO. 188
No. 182 Session of 1991
INTRODUCED BY GEORGE, HASAY, WOZNIAK, MIHALICH, D. R. WRIGHT,
FEE, S. H. SMITH, ARGALL, BILLOW, JAROLIN, FREEMAN, SURRA,
FAIRCHILD, STEELMAN, G. SNYDER, SCHEETZ, CARONE, STISH,
M. N. WRIGHT, MELIO, KASUNIC, COLAIZZO, PESCI, STABACK, BUSH,
HECKLER, TRELLO, GODSHALL, BELARDI, TIGUE, CAWLEY, VEON,
HALUSKA, HANNA, HERMAN, JOSEPHS, CAPPABIANCA AND McNALLY,
JANUARY 30, 1991
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 30, 1991
AN ACT
1 Providing for hazardous and residual waste minimization;
2 establishing the Office of Waste Minimization within the
3 Department of Environmental Resources and providing for its
4 powers and duties; providing for a program for research,
5 development and implementation of methods to reduce the
6 output of hazardous and residual waste at the source; and
7 establishing the Waste Minimization Advisory Board within the
8 Department of Environmental Resources.
9 The General Assembly finds as follows:
10 (1) It is environmentally, technically and economically
11 beneficial to eliminate the sources of waste before cleanup
12 problems are created. These methods include:
13 (i) Source reduction.
14 (ii) Recycling, use and reclamation.
15 (iii) Waste treatment.
16 (iv) Disposal as a last resort and only after waste
17 stabilization.
18 (2) The waste minimization approach provides a positive
1 framework for industry, State and local governments, the
2 research community and citizens groups to work cooperatively
3 in addressing the problems of toxic and hazardous substances
4 by emphasizing the prevention of accumulated wastes through
5 the modification of production processes and the use of less
6 hazardous inputs to these processes, and by promoting the use
7 of technologies that recycle, recover or reclaim waste.
8 (3) A strong technical assistance program is essential
9 for the success of waste minimization. Through this program
10 wherein government works cooperatively with industry, a data
11 base can be generated to analyze where problems exist and
12 what kinds of technical assistance are needed.
13 (4) Research, education and technical assistance are
14 essential to a successful waste minimization program. These
15 serve as mechanisms for identifying and developing technical
16 solutions to waste problems, for increasing awareness of both
17 problems and solutions on the part of generators and for
18 transferring knowledge of solutions from those who have it to
19 those who do not.
20 (5) Waste minimization technologies must be based on
21 reliable information concerning volumes and types of wastes,
22 chemical composition, production processes, management
23 practices and environmental and health effects of the
24 substances.
25 (6) A waste minimization program must operate in
26 conjunction with existing agencies and institutions in
27 carrying out activities. It must provide service and
28 assistance through research, education and technical
29 assistance and must serve the general public as well as the
30 industrial community, particularly those members of the
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1 industrial sector whose resources and size do not permit
2 extensive and independent waste minimization programs.
3 TABLE OF CONTENTS
4 Chapter 1. Preliminary Provisions
5 Section 101. Short title.
6 Section 102. Definitions.
7 Chapter 3. Waste Minimization
8 Section 301. Office of Waste Minimization.
9 Section 302. Technical and research assistance program.
10 Section 303. Survey of waste generators.
11 Section 304. Financial assistance.
12 Section 305. Information.
13 Section 306. Northeast Industrial Waste Exchange.
14 Section 307. Waste Minimization Advisory Board.
15 Section 308. Waste minimization plans and audits.
16 Chapter 9. Miscellaneous Provisions
17 Section 901. Rules and regulations.
18 Section 902. Annual report.
19 Section 903. Repeals.
20 Section 904. Effective date.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 CHAPTER 1
24 PRELIMINARY PROVISIONS
25 Section 101. Short title.
26 This act shall be known and may be cited as the Hazardous
27 Waste Minimization Act.
28 Section 102. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Board." The Waste Minimization Advisory Board.
3 "Department." The Department of Environmental Resources of
4 the Commonwealth.
5 "Generator." A generator of hazardous waste.
6 "Hazardous waste." As defined in the act of July 7, 1980
7 (P.L.380, No.97), known as the Solid Waste Management Act, and
8 regulations adopted thereunder.
9 "Office." The Office of Waste Minimization.
10 "Secretary." The Secretary of Environmental Resources of the
11 Commonwealth.
12 "Solid waste minimization." The reduction of hazardous,
13 residual or municipal waste generation using source reduction,
14 recycling and use or reclamation techniques.
15 "Source reduction." The reduction or elimination of waste
16 generation at the source by methods, including, but not limited
17 to, process modification, feedstock substitutions, various
18 housekeeping and management practices, improved efficiency of
19 machinery, recycling within a process or any action that reduces
20 the amount of waste leaving a process.
21 "Waste exchange." A service that transfers information
22 between waste generators and potential users.
23 CHAPTER 3
24 WASTE MINIMIZATION
25 Section 301. Office of Waste Minimization.
26 (a) Establishment.--The department shall establish an Office
27 of Waste Minimization for the purpose of coordinating a program
28 for minimization of hazardous and residual wastes, as described
29 in this act. This program shall include, but not be limited to,
30 technical assistance, research, information dissemination and
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1 development of policy and regulations.
2 (b) Staff.--The secretary shall appoint a waste minimization
3 expert as executive director who in turn may appoint such
4 technical staff and supporting staff as necessary to carry on
5 the day-to-day functions of the office.
6 Section 302. Technical and research assistance program.
7 (a) In general.--The office shall establish a technical and
8 research assistance program to assist generators in identifying
9 and applying methods of hazardous waste minimization. The
10 program shall emphasize assistance to smaller businesses that
11 have inadequate technical and financial resources for obtaining
12 information, assessing hazardous waste reduction methods and
13 applying these techniques.
14 (b) Program elements.--The program shall consist of, but not
15 be limited to, the following:
16 (1) Encouraging private or public consultants to conduct
17 onsite visits to collect detailed process and waste streams
18 information and to consult with plant personnel on current
19 management practices. In this regard the office shall:
20 (i) Analyze information and identify a series of
21 waste minimization options.
22 (ii) Prepare a detailed report of these options and
23 include literature, contacts, case studies, vendor
24 information, management options and an assessment of
25 reduction potential.
26 (iii) Conduct a follow-up analysis of waste
27 minimization program.
28 (2) The preparation of presentations on waste
29 minimization to trade associations, professional
30 organizations, citizens groups, universities and industrial
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1 workshops. Presentations shall include, but not be limited
2 to, background information on waste minimization programs,
3 how to apply programs and how to get assistance in
4 implementing waste minimization techniques.
5 (3) The preparation of facility or waste-stream-specific
6 waste reduction reports for industries and communities. This
7 information shall be used to identify cost-effective waste
8 minimization options. A short report detailing these options
9 shall be provided, along with references, case studies and
10 contacts.
11 (4) The development of educational programs for
12 businesses, communities, school teachers and citizens.
13 Educational programs shall include, but not be limited to,
14 onsite demonstrations and workshops in waste minimization for
15 solvents, waste oil, hospital and medical laboratory waste,
16 food processing waste and household hazardous waste.
17 (5) An effective public information program describing
18 and encouraging effective waste minimization efforts. This
19 program shall include success cases in this Commonwealth,
20 annotated references to articles, research or technical
21 assistance and announcements of workshops and training. These
22 programs and other information shall provide a network of
23 communication among industries, trade associations, public
24 interest groups, universities and government agencies.
25 (c) Consultation with other agencies, etc.--The office may
26 consult and cooperate with other public agencies, professional
27 groups and individuals who are concerned with waste
28 minimization.
29 Section 303. Survey of waste generators.
30 The office shall collect waste minimization information from
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1 waste generators to ascertain what waste minimization techniques
2 are successful and which waste streams are being reduced. This
3 survey shall also identify opportunities for the implementation
4 of waste minimization assistance programs.
5 Section 304. Financial assistance.
6 (a) In general.--The office shall establish a program for
7 grants and low-interest loans for the purpose of encouraging the
8 development and use of minimization technology.
9 (b) Procedure.--
10 (1) An applicant for a grant or loan pursuant to this
11 section shall submit a proposal to the office. In awarding
12 grants and in making loans, the office shall consider the
13 extent of any financial and technical support otherwise
14 available to the applicant from other sources. The office may
15 adopt additional criteria for awarding grants or making loans
16 consistent with the purpose of this section.
17 (2) The office may award grants or make loans for the
18 following purposes, or for any other purpose which the office
19 may deem appropriate:
20 (i) Loans to waste generators to provide financial
21 assistance in the development and implementation of waste
22 minimization plans, including the assistance of waste
23 minimization consulting services.
24 (ii) Grants to trade associations, business
25 organizations and educational institutions to establish
26 free or low-cost technical assistance programs to
27 supplement the waste minimization activities of the
28 office conducted under this act.
29 (3) Any one grant shall not exceed $50,000.
30 (4) The department shall ensure that the grant program
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1 is adequately publicized throughout this Commonwealth,
2 including notifying all waste generators subject to this act.
3 These grants and loans shall be made from funds which the
4 General Assembly may, from time to time, appropriate.
5 Section 305. Information.
6 In cooperation with the research community, including, but
7 not limited to, the university system, the office shall develop
8 an information data base with access to literature services and
9 case studies on waste minimization techniques for specific
10 industries or waste streams. This information shall be made
11 available through customized computer literature searches. This
12 data base shall address, but not be limited to, the following
13 topics:
14 (1) Techniques to reduce the generation of wastes.
15 (2) The discharge of water and air pollutants and the
16 use of toxic chemicals.
17 (3) Target waste streams and industries specific to this
18 Commonwealth.
19 (4) The economic and technical feasibility of waste
20 reduction techniques.
21 (5) The reduction of the volumes of this Commonwealth's
22 major hazardous and toxic water and air waste streams.
23 (6) The development of innovative approaches to
24 environmental management.
25 Section 306. Northeast Industrial Waste Exchange.
26 The office shall support the Northeast Industrial Waste
27 Exchange by:
28 (1) Sharing waste minimization program information with
29 the waste exchange.
30 (2) Providing regular financial support in return for
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1 display of Pennsylvania program information in the waste
2 exchange's quarterly listing catalog.
3 (3) Providing additional funding to subsidize listings
4 with the waste exchange for Pennsylvania generators and
5 recycling facilities.
6 (4) Paying direct costs for the waste exchange to
7 provide waste exchange training and information programs.
8 (5) Distributing information promoting the waste
9 exchange.
10 Section 307. Waste Minimization Advisory Board.
11 (a) Establishment.--There is hereby established an advisory
12 board within the department to be known as the Waste
13 Minimization Advisory Board.
14 (b) Composition.--The board shall be composed of 22 members,
15 17 of whom shall represent local government, and environmental,
16 health, engineering, business, academic and public interest
17 groups. Of the five remaining members:
18 (1) One member shall be appointed by the President pro
19 tempore of the Senate.
20 (2) One member shall be appointed by the Minority Leader
21 of the Senate.
22 (3) One member shall be appointed by the Speaker of the
23 House of Representatives.
24 (4) One member shall be appointed by the Minority Leader
25 of the House of Representatives.
26 (5) The executive director of the Office of Waste
27 Minimization shall serve as a nonvoting member of the board.
28 (c) Purpose.--The board shall advise the office and the
29 department on issues and decisions regarding waste minimization
30 as well as comment on and make recommendations regarding agency
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1 actions and priorities where appropriate. The board shall serve
2 as a business, government and public partnership framework to
3 provide the opportunity for open communication, transfer of
4 information and creative approaches to explore waste
5 minimization.
6 (d) Chairman.--The board shall annually elect a member to
7 serve as chairman.
8 (e) Policies and procedures.--The committee shall establish
9 policies and procedures for the conduct of business which shall
10 include a policy regarding potential conflicts of interest of
11 members.
12 (f) Meetings.--Meetings shall be held at least quarterly.
13 (g) Expenses, etc.--Members shall serve without salary or
14 compensation except for reimbursement by the department for
15 reasonable and necessary expenses incurred in connection with
16 their duties as approved by the secretary. The department shall
17 also provide necessary administrative support services, budget
18 and staff to the committee for the carrying out of its
19 responsibilities under this section.
20 Section 308. Waste minimization plans and audits.
21 All generators of waste shall be responsible for conducting a
22 waste minimization audit and preparing and implementing a waste
23 minimization plan in accordance with regulations and guidelines
24 to be developed by the department.
25 CHAPTER 9
26 MISCELLANEOUS PROVISIONS
27 Section 901. Rules and regulations.
28 The office shall, in the manner provided by law, promulgate
29 the rules and regulations necessary to carry out this act.
30 Section 902. Annual report.
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1 The office shall annually submit a report to the General
2 Assembly on its activities. This report shall be made available
3 to the public.
4 Section 903. Repeals.
5 All acts and parts of acts are repealed insofar as they are
6 inconsistent with this act.
7 Section 904. Effective date.
8 This act shall take effect in six months.
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