PRINTER'S NO. 1922
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1503
Session of
2017
INTRODUCED BY HANNA, FREEMAN, THOMAS, ROZZI, D. COSTA,
CALTAGIRONE, PASHINSKI, V. BROWN, IRVIN, DAVIS, KINSEY,
NEILSON, O'BRIEN, ROEBUCK, DeLUCA AND WARREN, JUNE 6, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 6, 2017
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;
providing for prohibitions; and, in enforcement and remedies,
providing for site inspection.
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.
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(a) The department shall post for not less than 30 days all
permit applications for the land application of sewage sludge
under this article to the department's publicly accessible
Internet website for public comment. The department shall hold a
public hearing on each permit application that generates public
comment concerning the potential negative impact on water
supplies or public health.
(b) Notwithstanding any other provision of law, the
department shall conduct at least one public hearing to receive
information related to applications under subsection (a) that
have been posted for a minimum of 30 days and have generated
negative public comment. Within at least 30 days, the department
must provide in writing to the applicant and those persons who
submitted comments under subsection (d) the reasons for the
approval or denial of the application.
(c) At least seven days prior to conducting a public hearing
under subsection (b), the department must publish notice of the
hearing in the affected area.
(d) 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).
(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),
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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),
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 land
application of sewage sludge in the following manners is
prohibited:
(1) In a source water protection area.
(2) Within 300 feet of a public drinking water source.
Section 3. The act is amended by adding a section to read:
Section 603.1. Site inspection.
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The department shall provide for the inspection of each site
in which sewage sludge has been applied to ensure compliance
with this act and all applicable regulations. Inspection under
this section shall occur at least once every three years.
Section 4. 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 5. This act shall take effect in 60 days.
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