PRINTER'S NO. 725

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

646

Session of

2021

INTRODUCED BY MUTH, SANTARSIERO, COMITTA, COSTA AND CAPPELLETTI,

MAY 7, 2021

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 7, 2021

jurisdictions; authorizing grants to municipalities;

providing regulation of the management of municipal, residual

and hazardous waste; requiring permits for operating

hazardous waste and solid waste storage, processing,

treatment, and disposal facilities; and licenses for

transportation of hazardous waste; imposing duties on persons

and municipalities; granting powers to municipalities;

authorizing the Environmental Quality Board and the

Department of Environmental Protection to adopt rules,

regulations, standards and procedures; granting powers to and

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "drill cuttings," and "solid

waste" in section 103 of the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act, amended

November 25, 2020 (P.L.1233, No.127), are amended and the

section is amended by adding a definition to read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

Act,"] 58 Pa.C.S. (relating to oil and gas) provided such

[section 206 of the "Oil and Gas Act."] 58 Pa.C.S. § 3216

(relating to well site restoration).

"Exempt special waste." A solid waste excluded as a

hazardous waste under 40 CFR 261.4(b)(5) (relating to

exclusions).

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"Solid waste." Any waste, including but not limited to,

municipal, residual or hazardous wastes, including solid,

liquid, semisolid or contained gaseous materials. The term does

not include any of the following:

Section 302. Disposal, processing and storage of residual

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(b) It shall be unlawful for any person or municipality who

stores, processes, or disposes of residual waste to fail to:

control leachate, runoff, discharges and emissions from

endanger public health, safety and welfare or the environment

all of the following in accordance with National Pollutant

Discharge Elimination System requirements:

characteristics in accordance with requirements under 40 CFR

Pt. 261 Subpt. C (relating to characteristics of hazardous

best practice standards through gamma-ray spectrometry using

high-purity germanium (HPGe) and lithium-drifted germanium

(Ge(Li)) detectors and any of their successor technologies,

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as specified in 40 CFR 141.25(a) (relating to analytical

methods for radioactivity), for the presence of all of the

following naturally occurring radionuclides:

(b)(4), (5) and (6):

waste at the time that the municipal waste or residual waste

enters the facility.

residual waste leachate prior to processing onsite or leaving

the facility.

(d) A residual waste landfill under 25 Pa. Code Ch. 288

(relating to residual waste landfills), which accepts residual

waste under this act, shall add naturally occurring

radionuclides, as described in subsection (b)(6), to the

groundwater testing conducted by the residual waste landfill.

requirements shall be used on the municipal waste or residual

waste that enters the facility and the leachate leaving the

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facility.

department and the municipality in which the facility is

located the testing results regarding the municipal waste or

subsection available on the department's publicly accessible

Internet website.

made available for review at the facility.

leachate exceeds the permissible levels under the National

Pollutant Discharge Elimination System or the Safe Drinking

Section 3. The act is amended by adding a section to read:

Section 304. Exempt special wastes.

(a) The following apply:

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that stores, processes or disposes of residual waste to

receive exempt special waste from a facility unless the

exempt special waste is nonhazardous and nonradioactive, as

germanium (HPGe) and lithium-drifted germanium (Ge(Li))

specified in 40 CFR 141.25(a) (relating to analytical methods

for radioactivity), including:

accordance with National Pollutant Discharge Elimination

System requirements:

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(b) The following apply regarding reports:

subsection available on the department's publicly accessible

Internet website.

made available for review at the facility.

(c) If exempt special waste is not nonhazardous, as

described in subsection (a), the department or municipality

Section 502. Permit and license application requirements.

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(d) The application for a permit shall set forth the manner

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in which the operator plans to comply with the requirements of

the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean

Streams Law," the act of May 31, 1945 (P.L.1198, No.418), known

as the "Surface Mining Conservation and Reclamation Act," the

enumerated, and failure to comply with the statutes hereinabove

render the operator liable to the sanctions and penalties

provided in this act for violations of this act and to the

sanctions and penalties provided in the statutes hereinabove

enumerated for violations of such statutes. Such failure to

comply shall be cause for revocation of any approval or permit

issued by the department to the operator. Compliance with the

provisions of this subsection and with the provisions of this

act and the provisions of the statutes hereinabove enumerated

shall not relieve the operator of the responsibility for

complying with the provisions of all other applicable statutes,

entitled "An act providing emergency medical personnel;

employment of emergency medical personnel and emergency

communications in coal mines."

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Section 5. This act shall take effect in 60 days.

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