PRINTER'S NO. 872
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
738
Session of
2015
INTRODUCED BY HANNA, SANKEY, McNEILL, THOMAS, D. COSTA, COHEN
AND DeLUCA, MARCH 6, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 6, 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
applications and permits, providing for public comment; and
providing for prohibitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 7, 1980 (P.L.380, No.97), known
as the Solid Waste Management Act, is amended by adding a
section to read:
Section 502.1. Public comment.
(a) Notwithstanding any other provision of law, the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
department shall conduct at least one public hearing for the
purpose of receiving information at least 180 days prior to the
application of sewage sludge under a l and reclamation permit for
the surface land application of sewage sludge.
(b) At least 30 days prior to conducting a hearing under
subsection (a), the department must publish notice of the
hearing in a newspaper of general circulation in the affected
area.
(c) When a public hearing is held, a person may testify
within the time provided or submit written comments, or both.
The department must consider testimony relevant to the
requirements of this act, the environmental protection acts and
25 Pa. Code (relating to environmental protection).
(d) After a hearing under subsection (c), the department
must prepare a summary of the written and oral comments
submitted at the hearing, the department's responses to the
comments and the reasons for the responses. The department must
provide copies of the summary to each person who submitted
comments and to other persons who request a copy.
(e) For the purposes of this section, the term
"environmental protection acts" shall include the following:
(1) The act of June 22, 1937 (P.L.1987, No.394), known
as "The Clean Streams Law."
(2) The act of May 31, 1945 (P.L.1198, No.418), known as
the "Surface Mining Conservation and Reclamation Act."
(3) The act of January 8, 1960 (1959 P.L.2119, No.787),
known as the "Air Pollution Control Act."
(4) The act of November 26, 1978 (P.L.1375, No.325),
known as the "Dam Safety and Encroachments Act."
(5) The act of December 19, 1984 (P.L.1093, No.219),
20150HB0738PN0872 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
known as the "Noncoal Surface Mining Conservation and
Reclamation Act."
(6) The act of February 9, 1988 (P.L.31, No.12), known
as the "Low-Level Radioactive Waste Disposal Act."
(7) The act of July 13, 1988 (P.L.525, No.93), referred
to as the Infectious and Chemotherapeutic Waste Law.
(8) The act of July 28, 1988 (P.L.556, No.101), known as
the "Municipal Waste Planning, Recycling and Waste Reduction
Act."
(9) The act of October 18, 1988 (P.L.756, No.108), known
as the "Hazardous Sites Cleanup Act."
(10) The act of May 19, 1995 (P.L.4, No.2), known as the
"Land Recycling and Environmental Remediation Standards Act."
(11) Other Federal or State statutes relating to
environmental protection or the protection of public health.
Section 2. The act is amended by adding an article to read:
ARTICLE V-A
PROHIBITIONS
Section 501-A. Sewage sludge.
Notwithstanding any other provision of law, the application
of sewage sludge in a source water protection area under a land
reclamation permit for the surface land application of sewage
sludge is prohibited.
Section 3. All regulations and parts of regulations which
are inconsistent with the addition of section 502.1 and Article
V-A of the act are abrogated.
Section 4. This act shall take effect in 60 days.
20150HB0738PN0872 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27