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A01657
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
398
Session of
2015
INTRODUCED BY KILLION, JAMES, GALLOWAY, BAKER, DUNBAR, FABRIZIO
AND MUSTIO, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 9, 2015
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their 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 Resources to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," in residual
waste, further providing for transportation of residual
waste; and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
adding subsections to read:
Section 303. Transportation of residual waste.
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(c) The department may not prohibit or penalize the
vehicular transportation of leachate discharged from a
collection and handling system of a landfill to an offsite
facility for the treatment of the leachate . , provided that:
(1) Truckin g of leachate may be conducted using vehicles
with enclosed tanks if they are operated in compliance with
all applicable regulations promulgated by the Federal Motor
Carrier Safety Administration regulations under 49 CFR
(relating to transportation).
(2) If the daily number of tanker vehicles transporting
leachate will be greater than 10% of the total number of
vehicles delivering waste and materials to the site as
evaluated in the most recent traffic study for the facili ty,
a new traffic impact analysis shall be conducted and reviewed
pursuant to applicable regulations of the Department of
Transportation. The facility may be required to submit an
updated environmental assessment that includes the new
traffic impact analysis to the department for its
consideration in accordance with 25 Pa. Code §§ 271.126
(relating to requirement for environmental assessment) and
271.127 (relating to environmental assessment).
(3) To the extent an exi sting permitted landfill, or
expansion thereof, proposes to use leachate transportation as
a basic treatment method for some or all of the daily volume
of leachate calculated pursuant to 25 Pa. Code § 273.162(a)
(1) (relating to leachate treatment plan), the facility
closure and post closure fin ancial assurance shall be
recalculated and increased, if required, to cover the costs
associated with that volume and duration of the proposed
leachate transportation. No financial assurance modification
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shall be required for the use of transportation for
management of leachate volumes related to excess rainfall,
open cell conditions, system interruptions or emergencies.
(d) Definition.-- As used in this section, the term
"leachate" means a s defined in 25 Pa. Code § 271.1 (relating to
definitions).
Section 2. The regulations of the Department of
Environmental Protection in 25 Pa. Code § §§ 273.163(b)
(relating to modification of leachate treatment plan) and
273.273(a), (b)(1), (2) and (3) and (e) (relating to leachate
transportation) are abrogated.
Section 3. This act shall take effect in 60 days.
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