AN ACT

 

1Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2act providing for the planning and regulation of solid waste
3storage, collection, transportation, processing, treatment,
4and disposal; requiring municipalities to submit plans for
5municipal waste management systems in their jurisdictions;
6authorizing grants to municipalities; providing regulation of
7the management of municipal, residual and hazardous waste;
8requiring permits for operating hazardous waste and solid
9waste storage, processing, treatment, and disposal
10facilities; and licenses for transportation of hazardous
11waste; imposing duties on persons and municipalities;
12granting powers to municipalities; authorizing the
13Environmental Quality Board and the Department of
14Environmental Resources to adopt rules, regulations,
15standards and procedures; granting powers to and imposing
16duties upon county health departments; providing remedies;
17prescribing penalties; and establishing a fund," in
18applications and permits, providing for public comment and
19for prohibitions.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. The act of July 7, 1980 (P.L.380, No.97), known
23as the Solid Waste Management Act, is amended by adding a
24section to read:

25Section 502.1. Public comment.

26(a) Notwithstanding any other law, the department shall
 

1conduct at least one public hearing for the purpose of receiving 
2information at least 180 days prior to the application of sewage 
3sludge under a land reclamation permit for the surface land 
4application of sewage sludge.

5(b) At least 30 days prior to conducting a hearing under
6subsection (a), the department must publish notice of the
7hearing in a newspaper of general circulation in the affected
8area.

9(c) When a public hearing is held, a person may testify
10within the time provided or submit written comments, or both.
11The department must consider testimony relevant to the
12requirements of this act, the environmental protection acts and
1325 Pa. Code (relating to environmental protection).

14(d) After a hearing under subsection (c), the department
15must prepare a summary of the written and oral comments
16submitted at the hearing, the department's responses to the
17comments and the reasons for the responses. The department must
18provide copies of the summary to each person who submitted
19comments and to other people who request a copy.

20(e) For the purposes of this section, the term 
21"environmental protection acts" shall include the following:

22(1) The act of June 22, 1937 (P.L.1987, No.394), known
23as "The Clean Streams Law."

24(2) The act of May 31, 1945 (P.L.1198, No.418), known as
25the "Surface Mining Conservation and Reclamation Act."

26(3) The act of January 8, 1960 (1959 P.L.2119, No.787),
27known as the "Air Pollution Control Act."

28(4) The act of November 26, 1978 (P.L.1375, No.325),
29known as the "Dam Safety and Encroachments Act."

30(5) The act of December 19, 1984 (P.L.1093, No.219),

1known as the "Noncoal Surface Mining Conservation and
2Reclamation Act."

3(6) The act of February 9, 1988 (P.L.31, No.12), known
4as the "Low-Level Radioactive Waste Disposal Act."

5(7) The act of July 13, 1988 (P.L.525, No.93), referred
6to as the Infectious and Chemotherapeutic Waste Law.

7(8) The act of July 28, 1988 (P.L.556, No.101), known as
8the "Municipal Waste Planning, Recycling and Waste Reduction
9Act."

10(9) The act of October 18, 1988 (P.L.756, No.108), known
11as the "Hazardous Sites Cleanup Act."

12(10) The act of May 19, 1995 (P.L.4, No.2), known as the
13"Land Recycling and Environmental Remediation Standards Act."

14(11) Other Federal or State statutes relating to
15environmental protection or the protection of public health.

16Section 2. The act is amended by adding an article to read:

17ARTICLE V-A

18PROHIBITIONS

19Section 501-A. Sewage sludge.

20Notwithstanding any other law, the application of sewage
21sludge in a source water protection area under a land
22reclamation permit for the surface land application of sewage
23sludge is prohibited.

24Section 3. All regulations and parts of regulations which
25are inconsistent with the addition of section 502.1 of the act
26are abrogated.

27Section 4. This act shall take effect in 60 days.