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A05954
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, IRVIN, ECKER AND LABS,
JUNE 7, 2024
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 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,
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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 , in consultation with the Department of Agriculture ,
AND SPECIFIES THE QUANTITY, CONTENT, COMPOSITION
characterizat ion , 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.
* * *
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"Hauler or broker of food processing residual waste
RESIDUALS ." A person who for a fee or other remuneration
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
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sites. If Congress has not authorized the collection of such
funds within one year after the effective date of this act,
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
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may be stored for longer than one year. Residual wastes being
stored shall be monitored for changes in physical and
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] ensure 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) (19) IN CONSULTATION coordination WITH THE
DEPARTMENT OF AGRICULTURE AND THE STATE CONSERVATION
COMMISSION, DEVELOP, UPDATE AND MAINTAIN A MANUAL
ESTABLISHING THE BEST PRACTICES FOR THE PROCESSING, TESTING
characterization , USE, STORAGE AND APPLICATION OF FOOD
PROCESSING RESIDUALS IN ACCORDANCE WITH THE LATEST SCIENTIFIC
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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
FOR TREATMENT BY AN ODOR MANAGEMENT PROCEDURE PRIOR TO
STORAGE OR APPLICATION to manage the impact of odors ; AND
(21) (20) 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
implementation of best odor ma nagement practices 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
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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
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]
provided that the waste is not classified by the Environmental
Quality Board as hazardous. This section shall not apply to 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
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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:
(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 , according to the odor site
index s pecifications .
(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
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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
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.
(c) A hauler or broker 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.
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(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
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) (5) 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.
(C) THE LAND APPLICATION SYSTEM SHALL BE AVAILABLE FOR
REVIEW AT THE REQUEST OF THE DEPARTMENT, THE DEPARTMENT OF
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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
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 food proces sing
residuals .
(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
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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) ( h ) 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
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) ( i ) 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
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processing residual waste.
Section 5. This act shall take effect in 60 180 days.
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