PRINTER'S NO. 381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.455
Session of
2025
INTRODUCED BY MUTH, KEARNEY, HAYWOOD, COMITTA, FONTANA, HUGHES
AND SAVAL, MARCH 17, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 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; in residual
waste, further providing for disposal, processing and storage
of residual waste and providing for exempt special wastes;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "drill cuttings" and "solid
waste" in section 103 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, are amended and
the section is amended by adding a definition to read:
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27 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:
* * *
"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 "Oil and Gas
Act,"] 58 Pa.C.S. (relating to oil and gas) provided such
materials are disposed of at the well site and pursuant to
[section 206 of the "Oil and Gas Act." ] 58 Pa.C.S. § 3216
(relating to well site restoration).
"Exempt special waste." Drilling fluids, produced waters and
other wastes associated with the exploration, development or
production of crude oil, natural gas or geothermal energy.
* * *
"Solid waste." Any waste, including but not limited to,
municipal, residual or hazardous wastes, including solid,
liquid, semisolid or contained gaseous materials. The term does
not include any of the following:
(1) Coal ash.
(2) Drill cuttings, except for drill cuttings from
geologic formations that contain oil or gas deposits .
* * *
Section 2. Section 302(b) of the act is amended and the
section is amended by adding subsections to read:
Section 302. Disposal, processing and storage of residual
waste.
* * *
(b) It shall be unlawful for any person or municipality who
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30 stores, processes, or disposes of residual waste to fail to:
(1) Use such methods and facilities as are necessary to
control leachate, runoff, discharges and emissions from
residual waste in accordance with department regulations.
(2) Use such methods and facilities as are necessary to
prevent the harmful or hazardous mixing of wastes.
(3) Design, construct, operate and maintain facilities
and areas in a manner which shall not adversely effect or
endanger public health, safety and welfare or the environment
or cause a public nuisance.
(4) Test leachate prior to discharge for the presence of
all of the following in accordance with National Pollutant
Discharge Elimination System requirements:
(i) Chloride.
(ii) Bromide.
(iii) Sulfate.
(iv) Nitrate.
(5) Test leachate prior to discharge for hazardous
characteristics in accordance with requirements under 40 CFR
Pt. 261 Subpt. C (relating to characteristics of hazardous
waste), including:
(i) Toxicity.
(ii) Corrosivity.
(iii) Ignitability.
(iv) Reactivity.
(6) Test leachate prior to discharge, in accordance with
best practice standards through gamma-ray spectrometry using
high-purity germanium (HPGe) and lithium-drifted germanium
(Ge(Li)) detectors and any similar technology, as specified
in 40 CFR 141.25(a) (relating to analytical methods for
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30 radioactivity), for the presence of all of the following
naturally occurring radionuclides:
(i) Uranium and its decay products.
(ii) Thorium and its decay products.
(iii) Radium and its decay products.
(iv) Potassium-40.
(v) Lead-210/Polonium-210.
(c) In accordance with the standards specified in subsection
(b)(4), (5) and (6):
(1) A facility shall test municipal waste or residual
waste at the time that the municipal waste or residual waste
enters the facility.
(2) A facility shall test municipal waste or residual
waste leachate prior to processing onsite or leaving the
facility.
(d) A residual waste landfill under 25 Pa. Code Ch. 288
(relating to residual waste landfills) that accepts residual
waste under this act shall add naturally occurring
radionuclides, as described in subsection (b)(6), to the
groundwater testing conducted by the residual waste landfill.
(e) A facility shall establish and maintain records to
compare the testing results regarding municipal waste or
residual waste that enters the facility with the testing results
regarding leachate leaving the facility, to determine the
effectiveness of the disposal or processing of the municipal
waste or residual waste. The following provisions apply to
testing under this subsection:
(1) For comparison purposes, the same testing
requirements shall be used on the municipal waste or residual
waste that enters the facility and the leachate leaving the
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30 facility.
(2) The facility shall report quarterly to the
department and the municipality in which the facility is
located the testing results regarding the municipal waste or
residual waste that enters the facility and the leachate
leaving the facility. The report shall include the following:
(i) Volume and contents of the waste.
(ii) Type of waste, by category.
(iii) The presence of radionuclides, chloride,
bromide, sulfate or nitrate and their concentration
levels.
(iv) The presence and level of toxicity,
corrosivity, ignitability or reactivity.
(3) The department shall make the reports under this
subsection available on the department's publicly accessible
Internet website.
(4) A copy of the reports under this subsection shall be
made available for review at the facility.
(5) The department shall require a public hearing if the
leachate exceeds the permissible levels under the National
Pollutant Discharge Elimination System or the Safe Drinking
Water Act or is hazardous according to 40 CFR Pt. 261 Subpt.
C.
(f) A person or municipality may not, for the purpose of
storage, processing or disposal, provide or receive residual
waste that exceeds permissible levels in accordance with the
standards specified in subsection (b)(4), (5) and (6).
Section 3. The act is amended by adding a section to read:
Section 304. Exempt special wastes.
(a) It shall be unlawful for a person or municipality that
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30 stores, processes or disposes of residual waste to receive
exempt special waste from a facility unless the exempt special
waste is nonradioactive and nonhazardous, as determined using
the hazardous waste characteristic properties of ignitability,
corrosivity, reactivity and toxicity described under 40 CFR Pt.
261 Subpt. C (relating to characteristics of hazardous waste)
and the best practice standards through gamma-ray spectrometry
using high-purity germanium (HPGe) and lithium-drifted germanium
(Ge(Li)) detectors and any similar technology, as specified in
40 CFR 141.25(a) (relating to analytical methods for
radioactivity), including:
(1) Uranium and its decay products.
(2) Thorium and its decay products.
(3) Radium and its decay products.
(4) Potassium-40.
(5) Lead-210/Polonium-210.
(b) Waste shall be tested for all of the following in
accordance with National Pollutant Discharge Elimination System
requirements:
(1) Chloride.
(2) Bromide.
(3) Sulfate.
(4) Nitrate.
(c) In determining whether exempt special waste is
nonhazardous, at a minimum:
(1) Best available technology economically achievable,
as described in 33 U.S.C. § 1314(b)(2)(B) (relating to
information and guidelines), shall be used.
(2) A representative sample, as defined in 40 CFR 260.10
(relating to definitions), shall be tested.
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30 (d) A facility shall submit a quarterly report to the
department and the municipality in which the facility is located
exempt special waste from a drilling site received by the
facility. The report shall include the following:
(1) Volume and contents of the waste.
(2) Type of waste, by category.
(3) The presence of radionuclides, chloride, bromide,
sulfate or nitrate and their concentration levels.
(4) The presence and level of toxicity, corrosivity,
ignitability or reactivity.
(e) The department shall make the report received under
subsection (d) available on the department's publicly accessible
Internet website.
(f) A copy of the report under subsection (d) shall be made
available for review at the facility.
(g) If exempt special waste is not nonhazardous, the
department or municipality shall schedule a public hearing to
address the hazardous levels.
(h) A person or facility may not, for the purpose of
storage, processing or disposal, provide or receive exempt
special waste that is not nonhazardous.
Section 4. Section 502(d) of the act is amended to read:
Section 502. Permit and license application requirements.
* * *
(d) The application for a permit shall set forth the manner
in which the operator plans to comply with the requirements of
the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean
Streams Law," the act of May 31, 1945 (P.L.1198, No.418), known
as the "Surface Mining Conservation and Reclamation Act," the
act of January 8, 1960 (1959 P.L.2119, No.787), known as the
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30 "Air Pollution Control Act," and the act of November 26, 1978
(P.L.1375, No.325), known as the "Dam Safety and Encroachments
Act," as applicable. No approval shall be granted unless the
plan provides for compliance with the statutes hereinabove
enumerated, and failure to comply with the statutes hereinabove
enumerated during construction and operation or thereafter shall
render the operator liable to the sanctions and penalties
provided in this act for violations of this act and to the
sanctions and penalties provided in the statutes hereinabove
enumerated for violations of such statutes. Such failure to
comply shall be cause for revocation of any approval or permit
issued by the department to the operator. Compliance with the
provisions of this subsection and with the provisions of this
act and the provisions of the statutes hereinabove enumerated
shall not relieve the operator of the responsibility for
complying with the provisions of all other applicable statutes,
including, but not limited to the act of [ July 17, 1961
(P.L.659, No.339), known as the "Pennsylvania Bituminous Coal
Mine Act,"] July 7, 2008 (P.L.654, No.55), known as the
"Bituminous Coal Mine Safety Act," the act of November 10, 1965
(P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
entitled "An act providing emergency medical personnel;
employment of emergency medical personnel and emergency
communications in coal mines."
* * *
Section 5. This act shall take effect in 60 days.
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