HB 586 — 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 and for powers and duties of the department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals; and imposing penalties.

PRINTER'S NO.   595

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 586
                                               Session of
                                                 2025

     INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
        VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
        CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
        WEBSTER AND GREEN, FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 12, 2025


                                    AN ACT
 1   Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
 2      act providing for the planning and regulation of solid waste
 3      storage, collection, transportation, processing, treatment,
 4      and disposal; requiring municipalities to submit plans for
 5      municipal waste management systems in their jurisdictions;
 6      authorizing grants to municipalities; providing regulation of
 7      the management of municipal, residual and hazardous waste;
 8      requiring permits for operating hazardous waste and solid
 9      waste storage, processing, treatment, and disposal
10      facilities; and licenses for transportation of hazardous
11      waste; imposing duties on persons and municipalities;
12      granting powers to municipalities; authorizing the
13      Environmental Quality Board and the Department of
14      Environmental Protection to adopt rules, regulations,
15      standards and procedures; granting powers to and imposing
16      duties upon county health departments; providing remedies;
17      prescribing penalties; and establishing a fund," in general
18      provisions, further providing for definitions and for powers
19      and duties of the department; in applications and permits,
20      further providing for permits and licenses required,
21      transition scheme and reporting requirements and providing
22      for food processing residuals; and imposing penalties.
23      The General Assembly of the Commonwealth of Pennsylvania
24   hereby enacts as follows:
25      Section 1.    Section 103 of the act of July 7, 1980 (P.L.380,
26   No.97), known as the Solid Waste Management Act, is amended by
 1   adding definitions to read:
 2   Section 103.   Definitions.
 3      The following words and phrases when used in this act shall
 4   have, unless the context clearly indicates otherwise, the
 5   meanings given to them in this section:
 6      * * *
 7      "Animal processing waste."     Residual materials in liquid or
 8   solid form generated in the slaughtering of poultry and
 9   livestock or in processing and converting fish, seafood, milk,
10   meat or eggs to food products.
11      * * *
12      "Food processing residuals."     Animal processing waste and
13   vegetative processing waste.
14      "Food processing residuals data sheet."     A written document
15   that meets the requirements established by the State
16   Conservation Commission, in consultation with the Department of
17   Agriculture, and specifies the quantity, content,
18   characterization, origin, age, prior possessors and processing
19   of food processing residuals, dates and parties to any prior
20   transfers of possession, intended site for storage prior to land
21   application, if applicable, and intended site of land
22   application in the course of normal farming operation.
23      * * *
24      "Hauler or broker of food processing residuals."     A person
25   who for a fee or other remuneration provides transport or
26   application or coordination for transport or application of food
27   processing residuals from or to land owned or controlled by
28   another person or municipality.
29      * * *
30      "Land application system."     A written, site-specific plan

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 1   that incorporates best management practices for the use, storage
 2   and application of food processing residuals.
 3      * * *
 4      "Vegetative processing waste."       Residual materials in liquid
 5   or solid form generated in the processing, converting or
 6   manufacturing of fruits, vegetables or crops into marketable
 7   food items.
 8      Section 2.    Section 104(17) and (18) of the act are amended
 9   and the section is amended by adding paragraphs to read:
10   Section 104.    Powers and duties of the department.
11      The department in consultation with the Department of Health
12   regarding matters of public health significance shall have the
13   power and its duty shall be to:
14          * * *
15          (17)     administer funds collected by the United States
16      Government and granted to Pennsylvania for the purpose of
17      closing, maintaining or monitoring abandoned or closed
18      hazardous waste storage, treatment or disposal sites and for
19      the purpose of action to abate or prevent pollution at such
20      sites. If Congress has not authorized the collection of such
21      funds within one year after the effective date of this act,
22      or if the department finds that the funding program
23      authorized is inadequate, the department shall transmit to
24      the General Assembly within 15 months after the effective
25      date of this act a proposal for the establishment of a fund
26      in Pennsylvania comprised of surcharges collected from users
27      of hazardous waste storage, treatment and disposal facilities
28      excluding captive facilities in the Commonwealth. Such fund
29      shall be proposed for the purpose of closing, maintaining or
30      monitoring hazardous waste storage, treatment or disposal

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 1    sites excluding captive facilities which have been abandoned
 2    or which have been closed for at least 20 years, and for the
 3    purpose of taking action to abate or prevent pollution at
 4    such closed or abandoned sites; [and]
 5        (18)   encourage the beneficial use or processing of
 6    municipal waste or residual waste when the department
 7    determines that such use does not harm or present a threat of
 8    harm to the health, safety or welfare of the people or
 9    environment of this Commonwealth. The department shall
10    establish waste regulations to effectuate the beneficial use
11    of municipal and residual waste, including regulations for
12    the issuance of general permits for any category of
13    beneficial use or processing of municipal waste or residual
14    waste on a regional or Statewide basis in accordance with the
15    regulations adopted by the Environmental Quality Board. The
16    department may or may not require insurance under section
17    502(e) or bonds under section 505(a) for any general permit
18    or class of general permits promulgated under this paragraph.
19    Except with the written approval of the department, no waste
20    may be stored for longer than one year. Residual wastes being
21    stored shall be monitored for changes in physical and
22    chemical properties, including leachability, pursuant to
23    applicable regulations, by the person or municipality
24    beneficially using or processing such waste. The department
25    may require the submission of periodic analyses or other
26    information to [insure] ensure that the quality of residual
27    waste to be beneficially used or processed does not change. A
28    municipality or person beneficially using or processing the
29    residual waste shall immediately notify the department, upon
30    forms provided by department, of any change in the physical

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 1    or chemical properties of the residual waste, including
 2    leachability; and the department shall conduct an
 3    investigation and order necessary corrective action. Upon
 4    receipt of a signed, written complaint of any person whose
 5    health, safety or welfare may be adversely affected by a
 6    physical or chemical change in the properties of residual
 7    waste to be beneficially used or processed, including
 8    leachability, the department shall determine the validity of
 9    the complaint and take appropriate action[.];
10        (19)    in coordination with the Department of Agriculture
11    and the State Conservation Commission, develop, update and
12    maintain a manual establishing the best practices for the
13    processing, characterization, use, storage and application of
14    food processing residuals in accordance with the latest
15    scientific research and evidence-based practices, which shall
16    include, at a minimum, a tiered system for food processing
17    residuals based on content and potential for odors and best
18    practices to manage the impact of odors; and
19        (20)    assist the Department of Agriculture and the State
20    Conservation Commission in the development of standards for
21    the land application system, which shall include at least:
22               (i)    the minimum standards for construction,
23        location, storage capacity and operation procedures for
24        facilities intended to be used for storage of food
25        processing residuals;
26               (ii)    the conditions under which amendments to the
27        land application system must be made after initial
28        filing;
29               (iii)    a process to determine the location of nearby
30        odor receptors and implementation of best odor management

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 1            practices for odors based on the tiered system for food
 2            processing residuals being stored or applied; and
 3                (iv)   the proper forms for the land application
 4            system and the notice of intent required to be filed with
 5            the State Conservation Commission.
 6      Section 3.    Section 501(a) of the act is amended to read:
 7   Section 501.    Permits and licenses required; transition scheme;
 8                reporting requirements.
 9      (a)   It shall be unlawful for any person or municipality to
10   use, or continue to use, their land or the land of any other
11   person or municipality as a solid waste processing, storage,
12   treatment or disposal area without first obtaining a permit from
13   the department as required by this act: Provided, however, That
14   this section shall not apply to the short-term storage of by-
15   products which are utilized in the processing or manufacturing
16   of other products, to the extent that such by-products are not
17   hazardous, and do not create a public nuisance or adversely
18   affect the air, water and other natural resources of the
19   Commonwealth: And provided further, however, That the provisions
20   of this section shall not apply to agricultural waste produced
21   in the course of normal farming operations [nor] provided that
22   the waste is not classified by the Environmental Quality Board
23   as hazardous. This section shall not apply to the use of food
24   processing [wastes] residuals in the course of normal farming
25   operations [provided that such wastes are not classified by the
26   board as hazardous] in accordance with section 509.
27      * * *
28      Section 4.    The act is amended by adding a section to read:
29   Section 509.    Food processing residuals.
30      (a)   The storage and application of food processing residuals

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 1   shall be managed under a land application system, which shall be
 2   made in a form and manner determined by the Department of
 3   Agriculture, in consultation with the State Conservation
 4   Commission.
 5      (b)   The land application system shall include, at a minimum,
 6   all of the following:
 7            (1)   A description of the construction, location, storage
 8      capacity and operation of facilities intended to be used for
 9      storage of food processing residuals.
10            (2)   A description of setbacks that have been established
11      for the protection of natural resources.
12            (3)   A description of nearby odor receptors and an
13      analysis of odor risk, according to the odor site index
14      specifications.
15            (4)   A description of siting, site preparation, nutrient
16      availability, crop rotation, field selection, monitoring,
17      recordkeeping, transportation and mechanisms for reviewing
18      land application system performance.
19            (5)   Evidence of compliance with local ordinances or
20      zoning restrictions, if applicable, including any permissions
21      or waivers.
22            (6)   A statement that the person completing the land
23      application system understands that if the person is
24      operating under both a land application system and a manure
25      management system, the person must comply with the
26      requirements of both.
27      (c)   The land application system shall be available for
28   review at the request of the department, the Department of
29   Agriculture or the State Conservation Commission.
30      (d)   A person wishing to apply or store food processing

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 1   residuals under a land application system shall file a notice of
 2   intent to do so with the State Conservation Commission.
 3      (e)   A person may not accept the transfer of food processing
 4   residuals for storage, use or application from anyone except a
 5   hauler or broker of food processing residuals.
 6      (f)   A person that accepts food processing residuals under
 7   this section shall maintain the food processing residuals data
 8   sheet received for a period of three years.
 9      (g)   In addition to any other penalty or proceeding permitted
10   under this act or by law or equity, the department shall assess
11   a civil penalty of not more than $5,000 for a first violation of
12   this section. The department shall assess a civil penalty of not
13   more than $25,000 for a second or subsequent violation of this
14   section. Each day in violation of this section shall be
15   considered a separate offense for the purposes of assessing the
16   penalty under this subsection. This subsection shall not apply
17   to a permit holder under this act that stores or accepts food
18   processing residual waste.
19      (h)   If a person is fully and properly implementing a land
20   application system plan of which a notice of intent is filed
21   with the State Conservation Commission and maintained under this
22   chapter, the implementation shall be given appropriate
23   consideration as a mitigating factor in any civil action for
24   penalties or damages alleged to have been caused by the
25   management or utilization of food processing residuals.
26      (i)   This chapter is of Statewide concern and occupies the
27   whole field of regulation regarding storage and application of
28   food processing residuals, to the exclusion of all local
29   regulations. Nothing in this chapter shall prevent a political
30   subdivision or home rule municipality from adopting and

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 1   enforcing ordinances or regulations which are consistent with
 2   and no more stringent than the requirements of this chapter and
 3   the regulations or guidelines promulgated under this chapter. A
 4   penalty shall not be assessed under any local ordinance or
 5   regulation under this subsection for a violation for which a
 6   penalty has been assessed under this chapter.
 7      (j)   The department shall coordinate with the Department of
 8   Agriculture and the State Conservation Commission as necessary
 9   to implement this section.
10      Section 5.   This act shall take effect in 180 days.




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