Trial Engrossment of Amendment A05730 to House Bill 2393 P.N. 3262, Regular Session 2023-2024

A05730

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2393

Session of

2024

INTRODUCED BY FRIEL, TAKAC, BURGOS, SCHEMEL, GLEIM, CEPEDA-

FREYTIZ, PROBST, McANDREW, PIELLI, KHAN, CONKLIN, HADDOCK,

SANCHEZ, STAMBAUGH, ZIMMERMAN, T. JONES, WEBSTER, BOROWSKI,

MALAGARI, DALEY, SCOTT, KUTZ, GREEN AND IRVIN, JUNE 7, 2024

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

JUNE 7, 2024

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 and for powers

and duties of department; in applications and permits,

further providing for permits and licenses required,

transition scheme and reporting requirements and providing

for food processing residual waste residuals; and imposing

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 103 of the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act, is amended by

adding definitions 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:

* * *

"Animal processing waste." Residual materials in liquid or

solid form generated in the slaughtering of poultry and

livestock or in processing and converting fish, seafood, milk,

meat or eggs to food products.

* * *

"Certified hauler or broker of food processing residuals." A

person that has complied with all requirements of the Department

of Agriculture and been certified as a hauler or broker of food

processing residuals.

* * *

"Food processing residual waste residuals ." Animal

processing waste and vegetative processing waste.

"Food processing residuals data sheet." A written document

that meets the requirements established by the Department of

Agriculture, in consultation with the State Conservation

Commission, and specifies the quantity, content, composition,

origin, age, prior possessors and processing of food processing

residuals, dates and parties to any prior transfers of

possession, intended site for storage prior to land application,

if applicable, and intended site of land application in the

course of normal farming operation.

* * *

"Hauler or broker of food processing residual waste

residuals ." A person who for a fee or other remuneration

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provides transport or application or coordination for transport

or application of food processing residual waste residuals from

or to land owned or controlled by another person or

municipality.

* * *

"Land application system." A written, site-specific plan

that incorporates best management practices for the use , storage

and application of food processing residual waste to prevent

pollution to the air, water and other natural resources of this

Commonwealth. residuals .

* * *

"Vegetative processing waste." Residual materials in liquid

or solid form generated in the processing, converting or

manufacturing of fruits, vegetables , or crops or another

commodity into marketable food items.

Section 2. Section 104(17) and (18) of the act are amended

and the section is amended by adding a paragraph paragraphs to

read:

Section 104. Powers and duties of the department.

The department in consultation with the Department of Health

regarding matters of public health significance shall have the

power and its duty shall be to:

* * *

(17) administer funds collected by the United States

Government and granted to Pennsylvania for the purpose of

closing, maintaining or monitoring abandoned or closed

hazardous waste storage, treatment or disposal sites and for

the purpose of action to abate or prevent pollution at such

sites. If Congress has not authorized the collection of such

funds within one year after the effective date of this act,

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or if the department finds that the funding program

authorized is inadequate, the department shall transmit to

the General Assembly within 15 months after the effective

date of this act a proposal for the establishment of a fund

in Pennsylvania comprised of surcharges collected from users

of hazardous waste storage, treatment and disposal facilities

excluding captive facilities in the Commonwealth. Such fund

shall be proposed for the purpose of closing, maintaining or

monitoring hazardous waste storage, treatment or disposal

sites excluding captive facilities which have been abandoned

or which have been closed for at least 20 years, and for the

purpose of taking action to abate or prevent pollution at

such closed or abandoned sites; [and]

(18) encourage the beneficial use or processing of

municipal waste or residual waste when the department

determines that such use does not harm or present a threat of

harm to the health, safety or welfare of the people or

environment of this Commonwealth. The department shall

establish waste regulations to effectuate the beneficial use

of municipal and residual waste, including regulations for

the issuance of general permits for any category of

beneficial use or processing of municipal waste or residual

waste on a regional or Statewide basis in accordance with the

regulations adopted by the Environmental Quality Board. The

department may or may not require insurance under section

502(e) or bonds under section 505(a) for any general permit

or class of general permits promulgated under this paragraph.

Except with the written approval of the department, no waste

may be stored for longer than one year. Residual wastes being

stored shall be monitored for changes in physical and

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chemical properties, including leachability, pursuant to

applicable regulations, by the person or municipality

beneficially using or processing such waste. The department

may require the submission of periodic analyses or other

information to insure that the quality of residual waste to

be beneficially used or processed does not change. A

municipality or person beneficially using or processing the

residual waste shall immediately notify the department, upon

forms provided by department, of any change in the physical

or chemical properties of the residual waste, including

leachability; and the department shall conduct an

investigation and order necessary corrective action. Upon

receipt of a signed, written complaint of any person whose

health, safety or welfare may be adversely affected by a

physical or chemical change in the properties of residual

waste to be beneficially used or processed, including

leachability, the department shall determine the validity of

the complaint and take appropriate action[.]; and

(19) regulate the storage, transport and application of

food processing residual waste residuals in coordination with

the Department of Agriculture and the State Conservation

Commission . ;

(20) in consultation with the Department of Agriculture

and the State Conservation Commission, develop, update and

maintain a manual establishing the best practices for the

processing, testing, use, storage and application of food

processing residuals in accordance with the latest scientific

research and evidence-based practices, which shall include,

at a minimum, a tiered system for food processing residuals

based on content and potential for odors and best practices

A05730 - 5 -

for treatment by an odor management procedure prior to

storage or application; and

(21) assist the Department of Agriculture and the State

Conservation Commission in the development of standards for

the land application system, which shall include at least:

(i) the minimum standards for construction,

location, storage capacity and operation procedures for

facilities intended to be used for storage of food

processing residuals ;

(ii) the conditions under which amendments to the

land application system must be made after initial

filing;

(iii) a process to determine the location of nearby

odor receptors and reporting of mitigation measures for

odors based on the tier of food processing being stored

or applied; and

(iv) the proper forms for the land application system

and the notice of intent required to be filed with the State

Conservation Commission.

Section 3. Section 501(a) of the act is amended and the

section is amended by adding a subsection to read:

Section 501. Permits and licenses required; transition scheme;

reporting requirements.

(a) It shall be unlawful for any person or municipality to

use, or continue to use, their land or the land of any other

person or municipality as a solid waste processing, storage,

treatment or disposal area without first obtaining a permit from

the department as required by this act: Provided, however, That

this section shall not apply to the short-term storage of by-

products which are utilized in the processing or manufacturing

A05730 - 6 -

of other products, to the extent that such by-products are not

hazardous, and do not create a public nuisance or adversely

affect the air, water and other natural resources of the

Commonwealth[: And provided further, however, That the

provisions of this section shall not apply to agricultural waste

produced in the course of normal farming operations nor the use

of food processing [wastes] residuals in the course of normal

farming operations provided that such wastes are not classified

by the board as hazardous] in accordance with section 509.

* * *

(d) Except as specified under section 509, it shall be

unlawful for any person or municipality to use, or continue to

use, or to apply, or continue to apply, on their land or the

land of any other person or municipality food processing

residual waste without first obtaining a permit from the

department as required by this act.

Section 4. The act is amended by adding a section to read:

Section 509. Food processing residual waste residuals .

(a) The storage and application of food processing residual

waste residuals in the course of a normal farming operation

shall be managed under a land application system . Any person or

municipality engaging in the storage and application of food

processing residual waste in the course of a normal farming

operation shall file the land application system with the

department , which shall be made in a form and manner determined

by the department. The land application system shall include, at

a minimum, all of the following: Department of Agriculture, in

consultation with the State Conservation Commission.

(b) The land application system shall include, at a minimum,

all of the following:

A05730 - 7 -

(1) The establishment of minimum standards of A

description of the construction, location, storage capacity

and operation of facilities intended to be used for storage

of food processing residual waste residuals .

(2) The establishment of conditions under which

amendments to the land application system are required to be

made after the initial development or filing of the land

application system. A description of setbacks that have been

established for the protection of natural resources.

(3) An overview A description of nearby odor receptors

and an analysis of odor risk.

(4) A description of siting, site preparation, nitrogen

nutrient availability, crop rotation, field selection,

monitoring, recordkeeping, transportation and mechanisms for

reviewing land application system performance.

(b) The department shall develop and maintain a food

processing residual waste manual that incorporates the latest

research on proper application, storage and odor management of

food processing residual waste. The manual shall include, at a

minimum, all of the following:

(1) A tiered system for food processing residual waste

based on content and potential for odors.

(2) Best management practices for handling, storage and

application of food processing residual waste.

(3) Established practices, technologies, standards,

strategies and other requirements for odor management of

storage and application of food processing residual waste,

which shall include a requirement that animal processing

waste and vegetative processing waste that presents or may

present a risk of odor be treated by an odor management

A05730 - 8 -

procedure prior to storage or land application.

(4) Testing requirements for evaluation and

establishment of nutrient content and chemical makeup of

food processing residual waste prior to transportation,

storage or land application.

(5) An identification of best management practices to be

utilized for transport, storage and application of food

processing residual waste.

shall maintain a valid commercial manure hauler broker

certification under the act of June 28, 2004 (P.L.454, No.49),

known as the Commercial Manure Hauler and Broker Certification

Act.

(d) The following shall apply:

(1) A hauler or broker of food processing residual waste

shall keep and maintain the following records:

(i) A record of the chemical makeup and nutrient

content, including pH and phosphorus level and materials

that may have been introduced in the processing of food

processing residual waste intended for application or

storage.

(ii) Documentation of the source of food processing

residual waste intended for storage or application

sufficient to allow the department to trace any

contamination to the originating facility.

(2) Prior to transfer of food processing residual waste,

a hauler or broker of food processing residual waste shall

transmit copies of all of the following documents to the

recipient of the food processing residual waste:

(i) The valid commercial manure hauler broker

A05730 - 9 -

certification under the Commercial Manure Hauler and

Broker Certification Act of the hauler or broker.

(ii) The record specified under paragraph (1)(i).

(3) Prior to transfer of food processing residual waste,

the recipient of the food processing residual waste shall

transmit to the hauler or broker of the food processing

residual waste a copy of the land application system required

under subsection (a).

(4) All records required under this subsection shall be

maintained for at least three years and made available upon

request to the department.

(5) Evidence of compliance with local ordinances or

zoning restrictions, if applicable, including any permissions

or waivers.

(6) A statement that the person completing the land

application system understands that if the person is

operating under both a land application system and a manure

management system, the person must comply with the

requirements of both.

review at the request of the department, the Department of

Agriculture or the State Conservation Commission.

(d) A person wishing to apply or store food processing

residuals under a land application system shall file a notice of

intent to do so with the State Conservation Commission.

(e) A person may not accept the transfer of food processing

residuals for storage, use or application from anyone except a

hauler or broker of food processing residuals who has been

supplied with a complete food processing residuals data sheet.

(f) A person that accepts food processing residuals under

A05730 - 10 -

this section shall maintain the food processing residuals data

sheet received for a period of three years.

(g) If a person is fully and properly implementing a land

application systems plan of which a notice of intent is filed

with the State Conservation Commission and maintained under this

chapter, the implementation shall be given appropriate

consideration as a mitigating factor in any civil action for

penalties or damages alleged to have been caused by the

management or utilization of nutrients or the abatement of odor

impacts pursuant to the implementation.

(h) The following apply regarding enforcement authority and

enforcement orders:

(1) A duly authorized agent of the State Conservation

Commission or a conservation district shall have authority to

enter an agricultural operation at reasonable times to

conduct investigations and take actions as are necessary to

enforce the provisions of this chapter or any order, rule or

regulation issued under this chapter.

(2) A person owning or operating an agricultural

operation shall grant access to a duly authorized agent of

the State Conservation Commission or a conservation district

and may not hinder, obstruct, prevent or interfere with the

agent in the performance of the duties of the agent, if the

agent performs reasonable measures and actions as directed by

the owner or operator of the agricultural operation as will

reasonably and substantially prevent the spread or outbreak

of contagious diseases.

(i) This chapter is of Statewide concern and occupies the

whole field of regulation regarding storage and application of

food processing residuals , to the exclusion of all local

A05730 - 11 -

regulations, but nothing in this chapter shall prevent a

political subdivision or home rule municipality from adopting

and enforcing ordinances or regulations which are consistent

with and no more stringent than the requirements of this chapter

and the regulations or guidelines promulgated under this

chapter. A penalty shall not be assessed under any local

ordinance or regulation under this subsection for a violation

for which a penalty has been assessed under this chapter.

(e) (j) The department shall coordinate with the Department

of Agriculture and the State Conservation Commission as

necessary to implement this section.

(f) In addition to any other penalty or proceeding permitted

under this act or by law or equity, the department shall assess

a civil penalty of no more than $5,000 for a first violation of

this section. The department shall assess a civil penalty of no

more than $25,000 for a second or subsequent violation of this

section. Each day in violation of this section shall be

considered a separate offense for the purposes of assessing the

penalty under this subsection. This subsection shall not apply

to a permit holder under this act that stores or accepts food

processing residual waste.

Section 5. This act shall take effect in 60 180 days.

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