PRINTER'S NO. 724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
645
Session of
2021
INTRODUCED BY MUTH, SANTARSIERO, COMITTA, SCHWANK AND
CAPPELLETTI, MAY 7, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 7, 2021
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 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," in general
provisions, further providing for definitions; in
applications and permits, further providing for permit and
license application requirements; and making an inconsistent
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "drill cuttings" and
"hazardous waste" in section 103 of the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act, are
amended to read:
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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:
* * *
"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
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,
drilling 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
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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),
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."
* * *
Section 2. Section 502(d) of the act is amended to read:
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
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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 3. 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 4. This act shall take effect in 60 days.
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