PRINTER'S NO. 595
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.586
Session of
2025
INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
WEBSTER AND GREEN, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 12, 2025
AN ACT
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, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous 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 Protection 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 ," in general
provisions, further providing for definitions and for powers
and duties of the department; in applications and permits,
further providing for permits and licenses required,
transition scheme and reporting requirements and providing
for food processing residuals; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as 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
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26 adding definitions 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:
* * *
"Animal processing waste." Residual materials in liquid or
solid form generated in the slaughtering of poultry and
livestock or in processing and converting fish, seafood, milk,
meat or eggs to food products.
* * *
"Food processing residuals." Animal processing waste and
vegetative processing waste.
"Food processing residuals data sheet." A written document
that meets the requirements established by the State
Conservation Commission, in consultation with the Department of
Agriculture, and specifies the quantity, content,
characterization, origin, age, prior possessors and processing
of food processing residuals, dates and parties to any prior
transfers of possession, intended site for storage prior to land
application, if applicable, and intended site of land
application in the course of normal farming operation.
* * *
"Hauler or broker of food processing residuals ." A person
who for a fee or other remuneration provides transport or
application or coordination for transport or application of food
processing residuals from or to land owned or controlled by
another person or municipality.
* * *
"Land application system." A written, site-specific plan
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30 that incorporates best management practices for the use, storage
and application of food processing residuals .
* * *
"Vegetative processing waste." Residual materials in liquid
or solid form generated in the processing, converting or
manufacturing of fruits, vegetables or crops into marketable
food items.
Section 2. Section 104(17) and (18) of the act are amended
and the section is amended by adding paragraphs 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:
* * *
(17) administer funds collected by the United States
Government and granted to Pennsylvania for the purpose of
closing, maintaining or monitoring abandoned or closed
hazardous waste storage, treatment or disposal 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 Commonwealth. Such fund
shall be proposed for the purpose of closing, maintaining or
monitoring hazardous waste storage, treatment or disposal
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30 sites excluding captive facilities which have been abandoned
or which have 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; [ and]
(18) encourage the beneficial use or processing of
municipal 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 category of
beneficial use or processing of municipal waste or residual
waste on a regional or Statewide basis in accordance with the
regulations adopted by the Environmental Quality Board. The
department may or may not require insurance under section
502(e) or bonds under section 505(a) for any general permit
or class of general permits promulgated 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 for changes in physical and
chemical properties, including leachability, pursuant to
applicable regulations, by the person or municipality
beneficially using or processing such waste. The department
may require the submission of periodic analyses or other
information to [insure] ensure 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 department, upon
forms provided by department, of any change in the physical
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30 or chemical properties of the residual waste, including
leachability; and the department shall conduct an
investigation and order necessary corrective action. Upon
receipt of a signed, written complaint of any person whose
health, safety or welfare may be adversely affected by a
physical or chemical change in the properties of residual
waste to be beneficially used or processed, including
leachability, the department shall determine the validity of
the complaint and take appropriate action[ .];
(19) in coordination with the Department of Agriculture
and the State Conservation Commission, develop, update and
maintain a manual establishing the best practices for the
processing, characterization, use, storage and application of
food processing residuals in accordance with the latest
scientific research and evidence-based practices, which shall
include, at a minimum, a tiered system for food processing
residuals based on content and potential for odors and best
practices to manage the impact of odors; and
(20) assist the Department of Agriculture and the State
Conservation Commission in the development of standards for
the land application system, which shall include at least:
(i) the minimum standards for construction,
location, storage capacity and operation procedures for
facilities intended to be used for storage of food
processing residuals ;
(ii) the conditions under which amendments to the
land application system must be made after initial
filing;
(iii) a process to determine the location of nearby
odor receptors and implementation of best odor management
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30 practices for odors based on the tiered system for food
processing residuals being stored or applied; and
(iv) the proper forms for the land application
system and the notice of intent required to be filed with
the State Conservation Commission.
Section 3. Section 501(a) of the act is amended to read:
Section 501. Permits and licenses required; transition scheme;
reporting requirements.
(a) It shall be unlawful for any person or municipality to
use, or continue to use, their land or the land of any other
person or municipality as a solid waste processing, storage,
treatment or disposal area without first obtaining a permit from
the department as required by this act: Provided, however, That
this section shall not apply to the short-term storage of by-
products which are utilized in the processing or manufacturing
of other products, to the extent that such by-products are not
hazardous, and do not create a public nuisance or adversely
affect the air, water and other natural resources of the
Commonwealth: And provided further, however, That the provisions
of this section shall not apply to agricultural waste produced
in the course of normal farming operations [ nor] provided that
the waste is not classified by the Environmental Quality Board
as hazardous. This section shall not apply to the use of food
processing [wastes] residuals in the course of normal farming
operations [provided that such wastes are not classified by the
board as hazardous] in accordance with section 509 .
* * *
Section 4. The act is amended by adding a section to read:
Section 509. Food processing residuals .
(a) The storage and application of food processing residuals
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30 shall be managed under a land application system , which shall be
made in a form and manner determined by the Department of
Agriculture, in consultation with the State Conservation
Commission.
(b) The land application system shall include, at a minimum,
all of the following:
(1) A description of the construction, location, storage
capacity and operation of facilities intended to be used for
storage of food processing residuals .
(2) A description of setbacks that have been established
for the protection of natural resources.
(3) A description of nearby odor receptors and an
analysis of odor risk , according to the odor site index
specifications .
(4) A description of siting, site preparation, nutrient
availability, crop rotation, field selection, monitoring,
recordkeeping, transportation and mechanisms for reviewing
land application system performance.
(5) Evidence of compliance with local ordinances or
zoning restrictions, if applicable, including any permissions
or waivers.
(6) A statement that the person completing the land
application system understands that if the person is
operating under both a land application system and a manure
management system, the person must comply with the
requirements of both.
(c) The land application system shall be available for
review at the request of the department, the Department of
Agriculture or the State Conservation Commission.
(d) A person wishing to apply or store food processing
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30 residuals under a land application system shall file a notice of
intent to do so with the State Conservation Commission.
(e) A person may not accept the transfer of food processing
residuals for storage, use or application from anyone except a
hauler or broker of food processing residuals .
(f) A person that accepts food processing residuals under
this section shall maintain the food processing residuals data
sheet received for a period of three years.
(g) In addition to any other penalty or proceeding permitted
under this act or by law or equity, the department shall assess
a civil penalty of not more than $5,000 for a first violation of
this section. The department shall assess a civil penalty of not
more than $25,000 for a second or subsequent violation of this
section. Each day in violation of this section shall be
considered a separate offense for the purposes of assessing the
penalty under this subsection. This subsection shall not apply
to a permit holder under this act that stores or accepts food
processing residual waste.
(h) If a person is fully and properly implementing a land
application system plan of which a notice of intent is filed
with the State Conservation Commission and maintained under this
chapter, the implementation shall be given appropriate
consideration as a mitigating factor in any civil action for
penalties or damages alleged to have been caused by the
management or utilization of food processing residuals.
(i) This chapter is of Statewide concern and occupies the
whole field of regulation regarding storage and application of
food processing residuals , to the exclusion of all local
regulations. Nothing in this chapter shall prevent a political
subdivision or home rule municipality from adopting and
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30 enforcing ordinances or regulations which are consistent with
and no more stringent than the requirements of this chapter and
the regulations or guidelines promulgated under this chapter. A
penalty shall not be assessed under any local ordinance or
regulation under this subsection for a violation for which a
penalty has been assessed under this chapter.
(j) The department shall coordinate with the Department of
Agriculture and the State Conservation Commission as necessary
to implement this section.
Section 5. This act shall take effect in 180 days.
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