SB 454 — 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 applications and permits, further providing for permit and license application requirements; and making a repeal.

PRINTER'S NO.   380

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 454
                                               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
 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; in
19      applications and permits, further providing for permit and
20      license application requirements; and making a repeal.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    The definitions of "drill cuttings" and
24   "hazardous waste" in section 103 of the act of July 7, 1980
25   (P.L.380, No.97), known as the Solid Waste Management Act, are
26   amended to read:
27   Section 103.    Definitions.
 1      The following words and phrases when used in this act shall
 2   have, unless the context clearly indicates otherwise, the
 3   meanings given to them in this section:
 4      * * *
 5      "Drill cuttings."    Rock cuttings and related mineral residues
 6   created during the drilling of wells pursuant to [the act of
 7   December 19, 1984 (P.L.1140, No.223), known as the "Oil and Gas
 8   Act,"] 58 Pa.C.S. (relating to oil and gas) provided such
 9   materials are disposed of at the well site and pursuant to
10   [section 206 of the "Oil and Gas Act."] 58 Pa.C.S. § 3216
11   (relating to well site restoration).
12      * * *
13      "Hazardous waste."   Any garbage, refuse, sludge from an
14   industrial or other waste water treatment plant, sludge from a
15   water supply treatment plant, or air pollution control facility,
16   drilling fluids, produced waters and other wastes associated
17   with the exploration, development or production of crude oil,
18   natural gas or geothermal energy and other discarded material
19   including solid, liquid, semisolid or contained gaseous material
20   resulting from municipal, commercial, industrial, institutional,
21   mining, or agricultural operations, and from community
22   activities, or any combination of the above, (but does not
23   include solid or dissolved material in domestic sewage, or solid
24   or dissolved materials in irrigation return flows or industrial
25   discharges which are point sources subject to permits under §
26   402 of the Federal Water Pollution Control Act, as amended (86
27   Stat. 880) or source, special nuclear, or by-product material as
28   defined by the U.S. Atomic Energy Act of 1954, as amended (68
29   Stat. 923)), which because of its quantity, concentration, or
30   physical, chemical, or infectious characteristics may:

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 1            (1)   cause or significantly contribute to an increase in
 2      mortality or an increase in morbidity in either an individual
 3      or the total population; or
 4            (2)   pose a substantial present or potential hazard to
 5      human health or the environment when improperly treated,
 6      stored, transported, disposed of or otherwise managed.
 7   The term "hazardous waste" shall not include coal refuse as
 8   defined in the act of September 24, 1968 (P.L.1040, No.318),
 9   known as the "Coal Refuse Disposal Control Act." "Hazardous
10   waste" shall not include treatment sludges from coal mine
11   drainage treatment plants, disposal of which is being carried on
12   pursuant to and in compliance with a valid permit issued
13   pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
14   as "The Clean Streams Law."
15      * * *
16      Section 2.    Section 502(d) of the act is amended to read:
17   Section 502.    Permit and license application requirements.
18      * * *
19      (d)   The application for a permit shall set forth the manner
20   in which the operator plans to comply with the requirements of
21   the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean
22   Streams Law," the act of May 31, 1945 (P.L.1198, No.418), known
23   as the "Surface Mining Conservation and Reclamation Act," the
24   act of January 8, 1960 (1959 P.L.2119, No.787), known as the
25   "Air Pollution Control Act," and the act of November 26, 1978
26   (P.L.1375, No.325), known as the "Dam Safety and Encroachments
27   Act," as applicable. No approval shall be granted unless the
28   plan provides for compliance with the statutes hereinabove
29   enumerated, and failure to comply with the statutes hereinabove
30   enumerated during construction and operation or thereafter shall

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 1   render the operator liable to the sanctions and penalties
 2   provided in this act for violations of this act and to the
 3   sanctions and penalties provided in the statutes hereinabove
 4   enumerated for violations of such statutes. Such failure to
 5   comply shall be cause for revocation of any approval or permit
 6   issued by the department to the operator. Compliance with the
 7   provisions of this subsection and with the provisions of this
 8   act and the provisions of the statutes hereinabove enumerated
 9   shall not relieve the operator of the responsibility for
10   complying with the provisions of all other applicable statutes,
11   including, but not limited to the act of [July 17, 1961
12   (P.L.659, No.339), known as the "Pennsylvania Bituminous Coal
13   Mine Act,"] July 7, 2008 (P.L.654, No.55), known as the
14   "Bituminous Coal Mine Safety Act," the act of November 10, 1965
15   (P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
16   Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
17   entitled "An act providing emergency medical personnel;
18   employment of emergency medical personnel and emergency
19   communications in coal mines."
20      * * *
21      Section 3.   The provisions of 58 Pa.C.S. § 3273.1 are
22   repealed insofar as they are inconsistent with the amendment of
23   the definition of "hazardous waste" in section 103 of the act.
24      Section 4.   This act shall take effect in 60 days.




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