1556
    Act 1986-168
    LAWS OF PENNSYLVANIA
    No. 1986-168
    AN ACT
    HB 2274
    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 theirjurisdictions; 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 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,” adding definitions;
    further providing for the definition of “solid waste”; further providing for
    powers and duties of the departmentand of the Environmental Quality Board;
    and providing for certain handling of coal ash.
    The General Assembly of the Commonwealth of Pennsylvania hereby
    enactsas follows:
    Section 1. The definition of “solid waste” in section 103 of the act of
    July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act,
    is amended andthe section is amended by adding definitions to-real:
    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:
    “Coal ash.” Fly ash, bottom ash or boiler slag resulting from the com-
    bustion ofcoal, that is or has been beneficially used, reused or reclaimedfor
    a commercial, industrial or governmental purpose. The term includes such
    materials that are stored, processed, transported or sold for beneficial use,
    reuse or reclamation.
    “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 “Oiland Gas Act, “provided such materi-
    als are disposed of at the well site and pursuant to section 206 of the “Oil
    and Gas Act.”
    “Solid waste.” Any waste, including but not limited to, municipal, resi-
    dual or hazardous wastes, including solid, liquid, semisolid or contained
    gaseous materials.
    The term does not include coalash or drillcuttings.

    SESSION OF 1986
    Act 1986-168 1557
    Section 2. Sections 104(1) and 105(a) of the act are amended to read:
    Section 104. Powers and duties of the department.
    The department in consultation with the Department of Health regarding
    matters of public health significance shall have the power and its duty shall
    be to:
    (1) administer the solid waste management program,
    including
    resource recoveryand utilization,
    pursuantto the provisions of this act;
    Section 105. Powers andduties of the Environmental Quality Board.
    (a) The Environmental Quality Board shall have the power and its duty
    shall be to adopt the rules and regulationsi,
    regulations, criteria and stan-
    dards
    of the department to accomplish the purposes and to carry out the pro-
    visions of this act, including but not limited to the establishment of rules and
    regulations relating to the protection of safety, health, welfare and property
    of the public and the air, water and other natural resources of the Common-
    wealth.
    Section 3. The actis amended by addinga section to read:
    Section 508. Coal combustion ash and boiler slag.
    (a) Beneficial use, reuse or reclamation ofcoal ash shall include, but not
    be limited to, thefoliowing if they comply with subsections (b), (c) and (d):
    (1) The uses which are the subject ofFederal Procurement Guidelines
    issued by the Environmental Protection Agency undersection -6002-ofthe
    Solid Waste Disposal Act (Public Law89-272, 42 U.S.C.
    §
    6962).
    (2) The extraction or recovery of materials and compounds contained
    within coalash.
    (3) Those uses in which the physical or chemical characteristics are
    alteredprior to use or duringplacement.
    (4) The use ofbottom ash as an anti-skid materiaL
    (5) The use as a raw material/or anotherproduct.
    (6) The use/ormine subsidence, minefire control and minesealing.
    (7) The use as structural fill, soilsubstitutes or soiladditives.
    (b) The department may, in its discretion, establish siting criteria and
    design and operating standards governing the storage of cOal ash prior to
    beneficial use, reuse or reclamation.
    (c) The department may, in its discretion, establish siting criteria and
    design and operating standards governing the use of coal ash as structural
    fill, soil substitutes andsoiladditives. A person using coal ash for such pur-
    poses shall notify the department prior to such use.
    (d) The department may, in its discretion, certify coalash that is used as
    structuralfill, soilsubstitutes and soil additives.
    (1) Certification shall issue after the department has considered the
    following data:
    (i) Thefadiityfrom which the coalash is originating.
    (ii) The combustion and operating characteristics ofthefacility.
    (lli) The physical and chemicalproperties of the coalash, including
    leachabiity.

    1558
    Act 1986-168
    LAWS OF PENNSYLVANIA
    (2) Generators ofcertified coal ash shall notify the department when-
    ever the data referred to in paragraph (1) are or have been significantly
    altered.At such time, recertification will be required.
    Section 4. This act
    shall
    take effect in 60 days.
    APPROVED—The 12th day of December, A.
    D. 1986.
    DICK THORNBURGH

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