LAWS OF PENNSYLVANIA
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
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
“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
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
(1) administer the solid waste management program,
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-
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-
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.
(2) The extraction or recovery of materials and compounds contained
(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
(i) Thefadiityfrom which the coalash is originating.
(ii) The combustion and operating characteristics ofthefacility.
(lli) The physical and chemicalproperties of the coalash, including
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
take effect in 60 days.
APPROVED—The 12th day of December, A.