Pennsylvania Act 1990-109 — SOLID WASTE MANAGEMENT ACT - AMEND

Act text

SOLID WASTE MANAGEMENT ACT - AMEND
                 Act of Jul. 11, 1990, P.L. 450, No. 109              Cl. 27
                                   1990
                               No. 1990-109

                                  AN ACT

     HB 1911

     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," further
        providing for certain permits; providing that no bond shall
        be required as a condition for issuance of a permit or
        license to a municipality or a municipal authority; and
        extending the deadline for filing for a permit for disposal
        of municipal wastes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "agricultural waste," "normal
     farming operations" and "processing" in section 103 of the act
     of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
     Management Act, are amended and the section 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:
        * * *
        "Agricultural waste."  Poultry and livestock manure, or
     residual materials in liquid or solid form generated in the
     production and marketing of poultry, livestock, fur bearing
     animals, and their products, provided that such agricultural
     waste is not hazardous. The term includes the residual materials
     generated in producing, harvesting, and marketing of all
     agronomic, horticultural, aquacultural and silvicultural crops
     or commodities grown on what are usually recognized and accepted
     as farms, forests, or other agricultural lands. The term also
     includes materials in liquid or solid form generated in the
     production and marketing of fish or fish hatcheries.
        "Aquaculture."  The practice of raising plants or animals,
     such as fish or shellfish, in manmade or natural bodies of
     water.
        * * *
        "Facility."  All land, structures and other appurtenances or
     improvements where municipal or residual waste disposal or
     processing is permitted or takes place, or where hazardous waste
     is treated, stored or disposed.
        * * *
        "Normal farming operations."  The customary and generally
     accepted activities, practices and procedures that farms adopt,
     use, or engage in year after year in the production and
     preparation for market of poultry, livestock, and their
     products; and in the production, harvesting and preparation for
     market of agricultural, agronomic, horticultural, silvicultural
     and [aquicultural] aquacultural crops and commodities; provided
     that such operations are conducted in compliance with applicable
     laws, and provided that the use or disposal of these materials
     will not pollute the air, water, or other natural resources of
     the Commonwealth. It includes the storage and utilization of
     agricultural and food process wastes, screenings and sludges for
     animal feed, and includes the agricultural utilization of septic
     tank cleanings and sewage sludges which are generated off-site.
     It includes the management, collection, storage, transportation,
     use or disposal of manure, other agricultural waste and food
     processing waste, screenings and sludges on land where such
     materials will improve the condition of the soil, the growth of
     crops, or in the restoration of the land for the same purposes.
        * * *
        "Processing."  [Any]
            (1)  The term includes any of the following:
                (i)  Any method or technology used for the purpose of
            reducing the volume or bulk of municipal or residual
            waste or any method or technology used to convert part or
            all of such waste materials for off-site reuse.
                (ii)  [Processing facilities include but are not
            limited to transfer] Transfer facilities, composting
            facilities, and resource recovery facilities.
            (2)  The term does not include a collection or processing
        center that is only for source-separated recyclable
        materials, including clear glass, colored glass, aluminum,
        steel and bimetallic cans, high-grade office paper,
        newsprint, corrugated paper and plastics.
        * * *
        "Transfer facility."  A facility which receives and processes
     or temporarily stores municipal or residual waste at a location
     other than the generation site, and which facilitates the
     transportation or transfer of municipal or residual waste to a
     processing or disposal facility. The term includes a facility
     that uses a method or technology to convert part or all of such
     waste materials for offsite reuse. The term does not include a
     collection or processing center that is only for source-
     separated recyclable materials, including clear glass, colored
     glass, aluminum, steel and bimetallic cans, high-grade office
     paper, newsprint, corrugated paper and plastics.
        * * *
        Section 2.  Section 505 of the act is amended by adding a
     subsection to read:
      Section 505.  Bonds.
        * * *
        (f)  Notwithstanding any other provisions of this act, when
     an application for the land application of sewage sludge is made
     by a municipality or a municipal authority, the filing of a bond
     with the department shall not be required as a condition for
     issuance of a permit to the municipality or municipal authority
     for the application of the sewage sludge for land reclamation or
     agricultural utilization purposes.
        Section 3.  Notwithstanding any other law or regulation to
     the contrary, a county or municipality which as of April 9,
     1990, has a permit issued prior to April 9, 1988, for a
     currently existing municipal waste landfill lined with materials
     that are no more permeable than 1 X 10 (to the minus 5 exponent)
     cm/sec., and by April 9, 1990, has an administratively complete
     application covering the construction of new facilities,
     including municipal waste transfer facilities, under review by
     the Department of Environmental Resources, can accept municipal
     waste for disposal in the existing landfill until the new site
     or municipal waste transfer facility is permitted and complete,
     or September 30, 1991, whichever occurs first, unless the county
     or municipality receives a final denial of its permit. The new
     site shall comply with 25 Pa. Code Chs. 271 (relating to
     municipal waste management - general provisions) and 273
     (relating to municipal waste landfills).
        Section 4.  This act shall take effect immediately.

     APPROVED--The 11th day of July, A. D. 1990.

     ROBERT P. CASEY