No. 1989-55
    AN ACT
    HB 139
    Amending the act of July
    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 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,” further providing
    for powers and duties of the department; and providing for the beneficial use
    or reclamation of municipal and residual waste.
    The General Assembly of the Commonwealth of Pennsylvania hereby
    enactsas follows:
    Section 1. Section 103 of the act of July 7, 1980 (P.L.380, No.97),
    known as the Solid Waste Management Act, is amended by adding a defini-
    tion 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
    “Beneficial use.” Use or reuse of residual waste or residual material
    derivedfrom residual wastefor commercial, industrial or governmentalpur-
    poses, where the use does not harm or threatenpublic health, safety, welfare
    or the environment, or the use or reuse ofprocessed municipal wastefor any
    purpose, where the use does not harm or threaten public health, safety,
    welfare or the environment.
    Section 2. Section 104(16) and (17) of the act are amended and the
    section is amended by adding a paragraph 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:
    (16) require the payment of such annual inspection fees and perform
    such inspections of hazardous waste treatment and disposal facilities as are
    provided for in the Environmental Quality Board guidelines adopted pur-
    suant to section 105(e). This provision shall not be construed to limit or

    Act 1989-55
    restrict the department’s inspection powers as elsewhere set forth in this
    (17) administer funds collected by the United States Government and
    granted to Pennsylvania for the purpose of closing, maintaining or moni-
    toring abandoned or closed hazardous waste storage, treatment or dis-
    posal sites and for the purpose of action to abate or prevent pollution at
    such sites. If Congress has not authorized the collection of such funds
    within one year after the effective date of this act, or if the department
    finds that the funding program authorized is inadequate, the department
    shall transmit to the General Assembly within 15 months after the effective
    date of this act a proposal for the establishment of a fund in Pennsylvania
    comprised of surcharges collected from users of hazardous waste storage,
    treatment and disposal facilities excluding captive facilities in the Com-
    monwealth. Such fund shall be proposed for the purpose of closing, main-
    taining or monitoring hazardous waste storage, treatment or disposal sites
    excludingcaptive facilities which have been abandoned or whictrhav~-been
    closed for at least 20 years, and for the purpose of taking action to abate
    or prevent pollution at such closed or abandoned sites~.;
    (18) encourage the beneficial use or processing ofmunicipal waste or
    residual waste when the department determines that such use does not
    harm or present a threat of harm to the health, safety or welfare of the
    people or environment of this Commonwealth. The department shall
    establish waste regulations to effectuate the beneficial use of municipal
    and residual waste, including regulations for the issuance of general
    permits for any categoryof beneficial use orprocessing ofmun-kipal wastE
    or residual waste on a regional or Statewide basis in accordance with the
    regulations adopted by the Envfronmental Quality Board. The department
    may or may not requfre insurance under section 502(e) or bonds under
    section 505(a) for any general permit or class of general permits promul-
    gated under this paragraph. Except with the written approval of the
    department, no waste may be stored for longer than one year. Residual
    wastes being stored shall be monitored/or changes in physical and chemi-
    cal properties, including leachability, pursuant to applicable regulations,
    by the person or municipality beneficially using or processing such waste.
    The department may require the submission ofperiodic analyses or other
    information to insure that the quality of residual waste to be beneficially
    used or processed does not change. A municipality or person beneficially
    using or processing the residual waste shall immediately notify-the-depart-fl
    ment, uponforms provided by department, of any change in the physical
    or chemical properties of the residual waste, including leachabiity; and
    the department shall conduct an investigation and order necessary correc-
    tive action. Upon receipt of a signed, written complaint of anyperson
    whose health, safety or welfare may be adversely affected by a physical or
    chemical changein the properties ofresidual waste to be beneficially used
    or processed, including leachability, the department shall determine the
    validity ofthe complaint and take appropriate action.

    SESSION OF 1989
    Act 1989-55
    Section 3. Sections 602(b) and (c), 608(2) and (3) and 610(4) of the act
    are amended to read:
    Section 602. Enforcement orders.
    (b) If the department finds that the storage, collection, transportation,
    processing, treatment,
    beneficial use
    or disposal of solid waste is causing pol-
    lution of the air, water, land or other natural resources of the Common-
    wealth or is creating a public nuisance, the department may order the person
    or the municipality to alter its storage, collection,transportation, processing,
    beneficial use
    or disposal systems to provide such storage, collec-
    tion, transportation, processing, treatment,
    beneficial use
    or disposal
    systems as will prevent pollution and public nuisances. Such order shall
    specify the length of time after receipt of the order within which the facility
    or area shall be repaired, altered, constructed or reconstructed.
    (c) Any person or municipality ordered by the department to repair,
    alter, construct, or reconstruct a solid waste facility or area shall take such
    steps for the repair, alteration, construction, or reconstruction of the facility
    or area as may be necessary for the storage, processing, treatment,
    and disposal of its solid waste in compliance with this act and the rules
    and regulations of the department, and standards and orders of the depart-
    Section 608. Production of materials; recordkeeping requirements; rights
    of entry.
    The department and its agents and employees shall:
    (2) Require any person or municipality engaged in the storage, trans-
    portation, processing, treatment,
    beneficial use
    or disposal of any solid
    waste to establish and maintain such records and make such reports and
    furnish such information as the department may prescribe.
    (3) Enter any building, property, premises or place where solid waste
    is generated, stored, processed, treated,
    beneficially used
    or disposed of
    for the purposes of making such investigation or inspection as may be nec-
    essary to ascertain the compliance or noncompliance by any person or
    municipality with the provisions of this act and the rules or regulations
    promulgated hereunder. In connection with such inspection or investiga-
    tion, samples may be taken of any solid, semisolid, liquid or contained
    gaseous material for analysis. If any analysis is made of such samples, a
    copy of the results of the analysis shall be furnished within five business
    days to the person having apparent authority over the building, property,
    premises or place.
    Section 610. Unlawful conduct.
    It shall be unlawful for any person or municipality to:
    (4) Store, collect, transport, process, treat,
    beneficially use,
    or dispose
    of, or assist in the storage, collection, transportation, processing, treat-
    beneficial use
    or disposal of, solid waste contrary to the rules or reg-

    Act 1989-55
    ulations adopted under this act, or orders of the department, or any term
    or any condition of any permit, or in any manner as to create a public nui-
    sance or to adversely affect the public health, safety and welfare.
    Section 4. Nothing in this act shall be deemed to affect section 508 of the
    act nor any other provisionof the act in relation to coal ash.
    Section 5. This act shall take effect in 60 days.
    APPROvED—The 11th day of July, A. D. 1989.

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