450
    Act 1990-109
    LAWS OF PENNSYLVANIA
    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,
    transporta-
    tion, processing, treatment, and disposal; requiring municipalities to submit
    plans for municipal waste management systems in their jurisdictions; authoriz-
    ing grants to municipalities; providing regulation of the management of
    municipal, residual and hazardous waste; requiring permits for operating haz-
    ardous waste and solid waite 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 procedi~res;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 ofmunicipal 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
    andthe section is amended by addingdefinitions 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 materi-
    als 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 commodi-
    ties 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 generatedin the production and marketingoffish orfish hatcheries.
    “Aquaculture.” Thepractice ofraLring plants or animals, such asfish or
    shellrnh, in manmade or natural bodies ofwater.
    “Facility.” All land, structures and other appurtenances or improve-
    ments where municipal or residual waste disposal orprocessing-is permitted
    or takesplace, or where hazardous waste is treated, stored or disposed.

    SESSION OF 1990
    Act 1990-109
    451
    “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, live-
    stock, and their products; and in the production, harvesting and preparation
    for market of agricultural, agronomic, horticultural, silvicultural and
    aqui-
    culturall
    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 mate-
    rials will improve the condition of the soil, the growth of crops, or in the res-
    toration of the land forthe same purposes.
    “Processing.” Anyl
    (1) The term includes anyofthefollowing:
    (0
    Any method or
    technology used for the purpose
    of
    reducingthe
    volume or bulk of municipal or residual waste or any
    method or
    tech-
    nology used to convert part or all of such waste materials for off-site
    reuse.
    (ii)
    Processing facilities include but are not limited to transferl
    Transfer
    facilities, composting facilities, and resource recovery facili-
    ties.
    (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, corrugatedpaper andplastics.
    “Transfer facility.” A facility which receives and processes or tempo-
    rarily stores municipal or residual waste at a location other than the genera-
    tion site, and which facilitates the transportation or transfer of municipal or
    residual waste to a processing or disposalfacility. The term includes afacility
    that usesa method or technology to convertpart or all ofsuch waste materi-
    als for offsite reuse. The term does not include a collection or processing
    center that is onlyfor source-separated recyclable materials, including clear
    glass, colored glass, aluminum, steel and bimetallic cans, high-grade office
    paper, newsprint, corrugatedpaper andplastics.
    Section 2. Section
    505
    of the act is amended by adding a subsection to
    read:
    Section
    505.
    Bonds.
    (i’) Notwithstandingany otherprovisions of this act, when an application
    for the land application of sewage sludge is made by a municipality or a

    452
    Act 1990-109
    LAWS OF PENNSYLVANIA
    municipal authority, the filing of a bond with the department shall not be
    requiredas a condition for issuance ofa permit to the municipallty~rmunic~
    ipal 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 trans-
    fer 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
    municipal-
    ity receives a final denial of its permit. The new site shall comply with
    25
    Pa.
    Code Chs. 271 (relating to municipal waste management
    -
    general provi-
    sions) and273 (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

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