Pennsylvania SB 455: An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions; in residual waste, further providing for disposal, processing and storage of residual waste and providing for exempt special wastes; and making an editorial change.

Bill Text

PRINTER'S NO. 381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 455
Session of
2025
INTRODUCED BY MUTH, KEARNEY, HAYWOOD, COMITTA, FONTANA, HUGHES
AND SAVAL, MARCH 17, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 2025
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 residual
waste, further providing for disposal, processing and storage
of residual waste and providing for exempt special wastes;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "drill cuttings" and "solid
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 and
the section is amended by adding a definition 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).
"Exempt special waste." Drilling fluids, produced waters and
other wastes associated with the exploration, development or
production of crude oil, natural gas or geothermal energy.
* * *
"Solid waste." Any waste, including but not limited to,
municipal, residual or hazardous wastes, including solid,
liquid, semisolid or contained gaseous materials. The term does
not include any of the following:
(1) Coal ash.
(2) Drill cuttings, except for drill cuttings from
geologic formations that contain oil or gas deposits.
* * *
Section 2. Section 302(b) of the act is amended and the
section is amended by adding subsections to read:
Section 302. Disposal, processing and storage of residual
waste.
* * *
(b) It shall be unlawful for any person or municipality who
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stores, processes, or disposes of residual waste to fail to:
(1) Use such methods and facilities as are necessary to
control leachate, runoff, discharges and emissions from
residual waste in accordance with department regulations.
(2) Use such methods and facilities as are necessary to
prevent the harmful or hazardous mixing of wastes.
(3) Design, construct, operate and maintain facilities
and areas in a manner which shall not adversely effect or
endanger public health, safety and welfare or the environment
or cause a public nuisance.
(4) Test leachate prior to discharge for the presence of
all of the following in accordance with National Pollutant
Discharge Elimination System requirements:
(i) Chloride.
(ii) Bromide.
(iii) Sulfate.
(iv) Nitrate.
(5) Test leachate prior to discharge for hazardous
characteristics in accordance with requirements under 40 CFR
Pt. 261 Subpt. C (relating to characteristics of hazardous
waste), including:
(i) Toxicity.
(ii) Corrosivity.
(iii) Ignitability.
(iv) Reactivity.
(6) Test leachate prior to discharge, in accordance with
best practice standards through gamma-ray spectrometry using
high-purity germanium (HPGe) and lithium-drifted germanium
(Ge(Li)) detectors and any similar technology, as specified
in 40 CFR 141.25(a) (relating to analytical methods for
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radioactivity), for the presence of all of the following
naturally occurring radionuclides:
(i) Uranium and its decay products.
(ii) Thorium and its decay products.
(iii) Radium and its decay products.
(iv) Potassium-40.
(v) Lead-210/Polonium-210.
(c) In accordance with the standards specified in s