PRINTER'S NO. 2083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1354
Session of
2020
INTRODUCED BY MUTH, KEARNEY, SANTARSIERO, SCHWANK, SABATINA,
DINNIMAN AND FARNESE, OCTOBER 16, 2020
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 16, 2020
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 general
provisions, further providing for definitions; making an
inconsistent repeal; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended to
read:
AN ACT
Providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
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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] Protection 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.
Section 2. The definitions of "department," "drill
cuttings," "hazardous waste" and "secretary" in section 103 of
the act are amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth of Pennsylvania and its
authorized representatives.
* * *
"Drill cuttings." Rock cuttings and related mineral residues
created during the drilling of wells pursuant to [the act of
December 19, 1984 (P.L.1140, No.223), known as the "Oil and Gas
Act,"] 58 Pa.C.S. (relating to oil and gas) provided such
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materials are disposed of at the well site and pursuant to
[section 206 of the "Oil and Gas Act."] 58 Pa.C.S. § 3216
(relating to well site restoration).
* * *
"Hazardous waste." Any garbage, refuse, sludge from an
industrial or other waste water treatment plant, sludge from a
water supply treatment plant, or air pollution control facility,
drilli ng fluids, produced waters and other wastes associated
with the exploration, development or production of crude oil,
natural gas or geothermal energy and other discarded material
including solid, liquid, semisolid or contained gaseous material
resulting from municipal, commercial, industrial, institutional,
mining, or agricultural operations, and from community
activities, or any combination of the above, (but does not
include solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits under §
402 of the Federal Water Pollution Control Act, as amended (86
Stat. 880) or source, special nuclear, or by-product material as
defined by the U.S. Atomic Energy Act of 1954, as amended (68
Stat. 923)), which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may:
(1) cause or significantly contribute to an increase in
mortality or an increase in morbidity in either an individual
or the total population; or
(2) pose a substantial present or potential hazard to
human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the act of September 24, 1968 (P.L.1040, No.318),
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known as the "Coal Refuse Disposal Control Act." "Hazardous
waste" shall not include treatment sludges from coal mine
drainage treatment plants, disposal of which is being carried on
pursuant to and in compliance with a valid permit issued
pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
as "The Clean Streams Law."
* * *
"Secretary." The Secretary of the Department of
Environmental [Resources] Protection of the Commonwealth of
Pennsylvania.
* * *
Section 3. Sections 105(c), 106(b), 402, 502(d), 507(a)
introductory paragraph and 602(d) of the act are amended to
read:
Section 105. Powers and duties of the Environmental Quality
Board.
* * *
(c) The Environmental Quality Board shall have the power and
its duty shall be to adopt rules and regulations and standards
to provide for the coordination of administration and
enforcement of this act between the Department of Environmental
[Resources] Protection and county health departments where they
exist.
* * *
Section 106. Powers and duties of county health departments;
limitation.
* * *
(b) Notwithstanding the grant of powers in subsection (a),
in any case where administration and enforcement of this act by
a county health department shall conflict with administration
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and enforcement by the Department of Environmental [Resources]
Protection, administration and enforcement by the Department of
Environmental [Resources] Protection shall take precedence over
administration and enforcement by a county health department.
Section 402. Listing of hazardous waste.
The Environmental Quality Board shall establish rules and
regulations identifying the characteristics of hazardous wastes
and listing particular hazardous wastes which shall be subject
to the provisions of this act. The list promulgated shall in no
event prevent the department from regulating other wastes,
which, although not listed, the department has determined to be
hazardous; the Department of Environmental [Resources]
Protection may regulate such hazardous wastes when the
department has determined such waste poses a substantial present
or potential hazard to the human health or the environment by
any means including, but not limited to, issuance of orders and
the imposition of terms and conditions of permits. The board
shall identify the characteristics of hazardous wastes and list
particular hazardous wastes within 30 days after the effective
date of this section, which initial list shall not be subject to
section 107 of this act but shall be promulgated in accordance
with section 204(3) [(relating to omission of notice of proposed
rule making)] of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
Section 502. Permit and license application requirements.
* * *
(d) The application for a permit shall set forth the manner
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
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as the "Surface Mining Conservation and Reclamation Act," the
act of January 8, 1960 (1959 P.L.2119, No.787), known as the
"Air Pollution Control Act," and the act of November 26, 1978
(P.L.1375, No.325), known as the "Dam Safety and Encroachments
Act," as applicable. No approval shall be granted unless the
plan provides for compliance with the statutes hereinabove
enumerated, and failure to comply with the statutes hereinabove
enumerated during construction and operation or thereafter shall
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,
including, but not limited to the act of [July 17, 1961
(P.L.659, No.339), known as the "Pennsylvania Bituminous Coal
Mine Act,"] July 7, 2008 (P.L.654, No.55), known as the
"Bituminous Coal Mine Safety Act," the act of November 10, 1965
(P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
entitled "An act providing emergency medical personnel;
employment of emergency medical personnel and emergency
communications in coal mines."
* * *
Section 507. Siting of hazardous waste treatment and disposal
facilities.
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(a) The Department of Environmental [Resources] Protection
shall have the power and authority to develop, prepare and
modify the Pennsylvania Hazardous Waste Facilities Plan. The
plan shall include:
* * *
Section 602. Enforcement orders.
* * *
(d) The Department of Environmental [Resources] Protection
shall have the power to order, orally or in writing, any person
or municipality to immediately suspend or modify hazardous waste
treatment or disposal activities when he determines that
continued operation will jeopardize public health, safety or
welfare. Said order shall be effective upon issuance and may
only be superseded by further department action or, after an
appeal has been perfected, by the Environmental Hearing Board
after notice and hearing. Furthermore, said order may require
remedial actions to be taken in order to prevent harm to public
health, safety or welfare. Within two business days after the
issuance of such oral order, the department shall issue a
written order reciting and modifying, where appropriate, the
terms and conditions contained in the oral order.
Section 4. The provisions of 58 Pa.C.S. § 3273.1 are
repealed insofar as they are inconsistent with the amendment of
the definition of "hazardous waste" in section 103 of the act.
Section 5. This act shall take effect in 60 days.
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