A05766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2594
Session of
2024
INTRODUCED BY FRIEL, GLEIM, HILL-EVANS, DONAHUE, SANCHEZ, DALEY,
ECKER, SCHEMEL, MOUL AND GREEN, SEPTEMBER 27, 2024
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 27, 2024
AN ACT
Establishing the hauler or broker of food processing residual
waste residuals certification program; providing for the
transportation of food processing residual waste residuals;
imposing duties on the Department of Agriculture and the
State Conservation Commission; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hauler or
Broker of Food Processing Residual Waste Residuals Certification
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified hauler or broker of food processing residual waste
residuals." A person that is certified under this act as a
hauler or broker of food processing residual waste residuals.
"Commission." The State Conservation Commission established
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under the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Food processing residual waste residuals." The term shall
mean the same as have the same meaning as the term "food
processing waste" under section 103 of the Solid Waste
Management Act.
"Food processing residual waste residuals data sheet." A
written document developed in accordance with section 3(d).
"Hauler or broker of food processing residual waste
residuals." A person who, for a fee or other remuneration,
provides transport, application or coordination for transport or
application of food processing residual waste residuals from a
property owned or controlled by another or to a property owned
or controlled by another.
"Land application system." The term shall mean the same as
defined under section 103 of the Solid Waste Management Act.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
"Solid Waste Management Act." The act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act.
Section 3. Hauler or broker of food processing residual waste
residuals certification program.
(a) Establishment.--The department shall establish, within
18 months of the effective date of this subsection, in
consultation with the commission and the Department of
Agriculture, a hauler or broker of food processing residual
waste residuals certification program for the purpose of
certifying persons as certified haulers or brokers of food
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processing residual waste residuals. The certification shall be
in effect for three years and eligible for renewal if the
certified hauler or broker of food processing residual waste
residuals has completed six credits of continuing education as
approved by the department. The department shall by regulation
establish additional conditions and fees for certification as
the department deems appropriate.
(b) Training.--For purposes of the certification program,
the department shall develop, in consultation with the
commission and the Department of Agriculture, training and
educational requirements, testing and other criteria as it deems
necessary for certification under this act. Training shall at a
minimum address the following topics:
(1) The best management practices with respect to
transport, storage and application of food processing
residual waste residuals included in the manual established
under section 509 of the Solid Waste Management Act.
(2) Information necessary for identifying, understanding
and following a land application system with emphasis on best
practices for proper application and timing for application
of food processing residual waste residuals.
(3) Recordkeeping by certified haulers or brokers of
food processing residual waste residuals necessary to meet
all regulatory requirements of this act and the Solid Waste
Management Act.
(4) Procedures necessary for the development,
preparation and maintenance of accurate food processing
residual waste residuals data sheets.
(c) Approval of training.--The department shall have the
authority to approve, for the purposes of training and
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education, programs developed by educational institutions or
entities that meet the requirements of this section.
(d) Food processing residual waste residuals data sheet.--
The department shall, in consultation with the commission,
develop a food processing residual waste residuals data sheet
and the procedure for electronic filing of the food processing
residual waste residuals data sheet. The food processing
residual waste residuals data sheet shall include, at a minimum:
(1) The quantity, content, composition, origin, age,
prior possessors and processing of the food processing
residual waste residuals, including testing requirements as
required by the land application system.
(2) The dates and parties to any prior transfers of
possession of the food processing residual waste residuals.
(3) The intended site for land application or any other
destination, within or outside of this Commonwealth, where
the food processing residual waste residuals will be utilized
or disposed.
(4) Any other required information necessary to
identify, track and determine appropriate food processing
residual waste residuals data sheet handling, storage and
application rates.
Section 4. Requirements for hauler or broker of food processing
residual waste residuals.
(a) Prohibition.--Subject to the establishment of the
program under section 3(a), a hauler or broker of food
processing residual waste residuals may not transport or land
apply in this Commonwealth, regardless of where the food
processing residual waste residuals is generated, unless the
hauler or broker has:
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(1) Successfully completed a hauler or broker of food
processing residual waste residuals certification program
approved by the department.
(2) Received the appropriate certification by the
department.
(3) Maintained certification under the requirements of
the certification program.
(4) Received a complete food processing residual waste
residuals data sheet from the generator of the food
processing residual waste residuals.
(b) Land applying of food processing residual waste
residuals.--A hauler or broker of food processing residual waste
residuals shall, when land applying food processing residual
waste residuals, do so only in accordance with the land
application system filed with the commission in accordance with
section 509 of the Solid Waste Management Act.
(c) Food processing residual waste residuals data sheet.--
Prior to accepting food processing residual waste residuals for
transport or application, a hauler or broker of food processing
residual waste residuals shall ensure that a complete food
processing residual waste residuals data sheet has been
transmitted to the commission. Prior to transferring food
processing residual waste residuals for application, storage or
any other purpose, the hauler or broker of food processing
residual waste residuals shall transmit a copy of the food
processing residual waste residuals data sheet to the recipient
of the food processing residual waste residuals.
(d) Transmittal of application.--Prior to transfer of food
processing residual waste residuals, the recipient of the food
processing residual waste residuals shall transmit to the hauler
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or broker of the food processing residual waste residuals a copy
of the land application system.
(e) Recordkeeping.--All records required under this section
shall be maintained for three years and made available upon
request to the department.
Section 5. Transport and transfer requirement.
Food processing residual waste residuals shall be hauled,
brokered or transferred only by a certified hauler or broker of
food processing residual waste residuals and:
(1) At each and every transfer of possession within this
Commonwealth of food processing residual waste residuals,
provide a food processing residual waste residuals data sheet
to all transferees, including all persons receiving food
processing residual waste residuals for land application or
for further transfer to others for land application.
(2) Maintain the food processing residual waste
residuals data sheet for a period of three years.
(3) Meet any additional requirements under the act of
June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
Law, the Solid Waste Management Act and any other applicable
law.
Section 6. Unlawful conduct.
It shall be unlawful to fail to comply with or to cause or
assist in the violation of this act, a regulation promulgated
under this act or an order issued under this act.
Section 7. Administrative penalties.
(a) Penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this act,
the department may assess an administrative penalty of not
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more than $5,000 for the first day of each violation and
$1,000 for each additional day of continuing violation. The
factors for consideration in determining the amount of the
penalty are:
(i) The seriousness of the violation.
(ii) The willfulness of the violation.
(iii) Previous violations.
(2) A person may appeal a penalty under this section to
the secretary as follows:
(i) The appeal must be filed within 30 days of the
date of the penalty assessment.
(ii) The secretary department shall issue a decision
on the appeal within 30 days of the filing of an appeal.
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(b) Collection.--In cases of inability to collect the
administrative penalty or failure of a person to pay all or a
portion of the penalty, the department may refer the matter to
the Office of General Counsel, which shall institute an action
in the appropriate court to recover the penalty. A penalty
assessed shall operate as a lien on the property of the person
against whom the penalty has been assessed.
Section 8. Civil remedies.
(a) Law.--The Office of General Counsel may institute an
action at law in a court of competent jurisdiction to recover
damages for a violation of this act, a regulation promulgated
under this act or an order issued under this act.
(b) Equity.--The Office of General Counsel may institute an
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action in equity in a court of competent jurisdiction to
restrain a violation of this act, a regulation promulgated under
this act or an order issued under this act. In a proceeding
under this subsection:
(1) The Commonwealth shall not be required to furnish
bond.
(2) The court shall issue a preliminary injunction if it
finds that the defendant is engaging in unlawful conduct as
proscribed by this act or is engaged in conduct which is
causing immediate and irreparable harm to the public.
(3) Equitable relief may be issued in addition to
damages under subsection (a).
(c) Abatement.--The court may fix a reasonable time during
which the person responsible for a violation may make provision
for the abatement of the violation.
(d) Injunction.--In cases where the circumstances require it
or the public health is endangered, the court may issue a
preliminary injunction, special injunction or temporary
restraining order.
Section 9. Enforcement order and revocation or suspension of
certification.
(a) General rule.--The department may:
(1) Issue orders necessary for the enforcement of this
act. An order issued under this subsection shall take effect
upon notice unless the order specifies otherwise.
(2) Suspend or revoke a certification granted under this
act if the department finds that the hauler or broker of food
processing residual waste residuals has failed or continues
to fail to comply with this act, the certification criteria,
the regulations promulgated under this act or an order of the
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department under this act.
(b) Procedure.--A person may appeal an action under this
section to the secretary as follows:
(1) The appeal must be filed within 30 days of the date
of the order, revocation or suspension.
(2) The secretary shall issue a decision on the appeal
within 30 days of the filing of an appeal.
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
Section 10. Powers reserved under existing laws.
Nothing in this act shall limit the powers conferred upon the
department, the commission, the Department of Agriculture or a
county conservation district under laws other than this
act, including the act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law, the Solid Waste Management Act
or the act of June 28, 2004 (P.L.454, No.49), known as the
Commercial Manure Hauler and Broker Certification Act.
Section 11. Preemption of local ordinances.
This act is of Statewide concern and shall occupy the whole
field of regulation regarding the certification and regulation
of haulers or brokers of food processing residual waste
residuals and the transportation of food processing residual
waste residuals to the exclusion of all local regulations.
Except as otherwise specifically provided in this act, an
ordinance or regulation of a political subdivision may not
prohibit or attempt to regulate the certification or operations
or transportation of haulers or brokers of food processing
residual waste residuals.
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Section 12. Limitation of liability.
If a person operating as a hauler or broker of food
processing residual waste residuals is properly certified under
this act and has complied with this act in the transportation,
utilization, land application and activities related to the
management of food processing residual waste residuals,
certification and compliance shall be given appropriate
consideration as a mitigating factor in an action arising from
the management or utilization of food processing residual waste
residuals transported or land applied by the hauler or broker.
Section 13. Effective date.
This act shall take effect in 60 days.
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