PRINTER'S NO. 2084
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1355
Session of
2020
INTRODUCED BY MUTH, SANTARSIERO, FARNESE, COSTA AND IOVINO,
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; in residual
waste, further providing for disposal, processing and storage
of residual waste and providing for exempt special wastes;
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
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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] 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," "secretary" and "solid waste" in section 103 of the
act 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
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
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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
materials are disposed of at the well site and pursuant to
[section 206 of the "Oil and Gas Act."] 58 Pa.C.S. ยง 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).
* * *
"Secretary." The Secretary of the Department of
Environmental [Resources] Protection of the Commonwealth of
Pennsylvania.
"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 coal ash or drill cuttings, except for drill
cuttings from geologic formations that contain oil or gas
deposits.
* * *
Section 3. Sections 105(c) and 106(b) 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
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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
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 4. Section 302(b) of the act is amended and the
section is amended by adding subsections to read:
Section 302. Disposal, processing and storage of residual
waste.
* * *
(b) It shall be unlawful for any person or municipality who
stores, processes, or disposes of residual waste to fail to:
(1) Use such methods and facilities as are necessary to
control leachate, runoff, discharges and emissions from
residual waste in accordance with department regulations.
(2) Use such methods and facilities as are necessary to
prevent the harmful or hazardous mixing of wastes.
(3) Design, construct, operate and maintain facilities
and areas in a manner which shall not adversely effect or
endanger public health, safety and welfare or the environment
or cause a public nuisance.
(4) Test leachate prior to discharge for the presence of
all of the following in accordance with National Pollutant
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Discharge Elimination System requirements:
(i) Chloride.
(ii) Bromide.
(iii) Sulfate.
(iv) Nitrate.
(5) Test leachate prior to discharge for hazardous
characteristics in accordance with requirements under 40 CFR
Pt. 261 Subpt. C (relating to characteristics of hazardous
waste), including:
(i) Toxicity.
(ii) Corrosivity.
(iii) Ignitability.
(iv) Reactivity.
(6) Test leachate prior to discharge for the presence of
all of the following naturally occurring radionuclides in
accordance with the standards under the Safe Drinking Water
Act (Public Law 93-523, 21 U.S.C. ยง 349 and 42 U.S.C. ยงยง 201
and 300f et seq.), as amended, including:
(i) Uranium and its decay products.
(ii) Thorium and its decay products.
(iii) Radium and its decay products.
(iv) Potassium-40.
(v) Lead-210/Polonium-210.
(c) In accordance with the standards specified in subsection
(b)(4), (5) and (6):
(1) A facility shall test municipal waste or residual
waste at the time that the municipal waste or residual waste
enters the facility.
(2) A facility shall test any municipal waste or
residual waste leachate prior to processing onsite or leaving
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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.
(e) A facility shall establish and maintain records to
compare the testing results regarding municipal waste or
residual waste that enters the facility with the testing results
regarding leachate leaving the facility, to determine the
effectiveness of the disposal or processing of the municipal
waste or residual waste. The following shall apply:
(1) For comparison purposes, the same testing
requirements shall be used on the municipal waste or residual
waste that enters the facility and the leachate leaving the
facility.
(2) The facility shall report quarterly to the
department and the municipality in which the facility is
located the testing results regarding the municipal waste or
residual waste that enters the facility and the leachate
leaving the facility. The report shall include the following:
(i) Volume and contents of the waste.
(ii) Type of waste, by category.
(iii) The presence of radionuclides, chloride,
bromide, sulfate or nitrate and their concentration
levels.
(iv) The presence and level of toxicity,
corrosivity, ignitability or reactivity.
(3) The department shall make the reports under this
subsection available on the department's publicly accessible
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Internet website.
(4) A copy of the reports under this subsection shall be
made available for review at the facility.
(5) The department shall require a public hearing if the
leachate exceeds the permissible levels under the National
Pollutant Discharge Elimination System or the Safe Drinking
Water Act, as amended, or is hazardous according to 40 CFR
Pt. 261 Subpt. C.
(f) A person or municipality may not, for the purpose of
storage, processing or disposal, provide or receive residual
waste that exceeds permissible levels in accordance with the
standards specified in subsection (b)(4), (5) and (6).
Section 5. The act is amended by adding a section to read:
Section 304. Exempt special wastes.
(a) The following shall apply:
(1) It shall be unlawful for any person or municipality
who 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
determined using the hazardous waste characteristic
properties of ignitability, corrosivity, reactivity and
toxicity described under 40 CFR Pt. 261 Subpt. C (relating to
characteristics of hazardous waste) and the Safe Drinking
Water Act (Public Law 93-523, 21 U.S.C. ยง 349 and 42 U.S.C.
ยงยง 201 and 300f et seq.), as amended, including:
(i) Uranium and its decay products.
(ii) Thorium and its decay products.
(iii) Radium and its decay products.
(iv) Potassium-40.
(v) Lead-210/Polonium-210.
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(2) Waste should be tested for all of the following in
accordance with National Pollutant Discharge Elimination
System requirements:
(i) Chloride.
(ii) Bromide.
(iii) Sulfate.
(iv) Nitrate.
(3) In determining whether exempt special waste is
nonhazardous, at a minimum:
(i) Best available technology economically
achievable, as described in 33 U.S.C. ยง 1314(b)(2)(B)
(relating to information and guidelines), must be used.
(ii) A representative sample, as defined in 40 CFR
260.10 (relating to definitions), must be tested.
(b) The following shall apply regarding reports:
(1) A facility shall report quarterly to the department
and the municipality in which the facility is located any
exempt special waste from a drilling site that is received by
the facility. The report shall include the following:
(i) Volume and contents of the waste.
(ii) Type of waste, by category.
(iii) The presence of radionuclides, chloride,
bromide, sulfate or nitrate and their concentration
levels.
(iv) The presence and level of toxicity,
corrosivity, ignitability or reactivity.
(2) The department shall make the reports under this
subsection available on the department's publicly accessible
Internet website.
(3) A copy of the reports under this subsection shall be
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made available for review at the facility.
(c) If exempt special waste is not nonhazardous, as
described in subsection (a), the department or municipality
shall schedule a public hearing to address the hazardous levels.
(d) A person, municipality or facility may not, for the
purpose of storage, processing or disposal, provide or receive
exempt special waste that is not nonhazardous, as described in
subsection (a).
Section 6. Sections 402, 502(d), 507(a) introductory
paragraph and 602(d) of the act are amended to read:
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.
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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
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),
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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.
(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] Resources
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 7. This act shall take effect in 60 days.
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