Pennsylvania Act 2018-7 — SOLID WASTE MANAGEMENT ACT - DEFINITIONS

Act text

Session of 2018

No. 2018-7

SB 497

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 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," in general provisions, further providing for definitions.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The definition of "residual 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 and the section is amended by adding a definition 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:

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"Current generation blast furnace, iron and steel slag." Existing and future iron and steel slag that has been generated at an operating steel mill and has not been:

(1) Produced prior to January 1, 2007.

(2) Commingled with residual waste or hazardous waste.

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"Residual waste."

(1) The term includes any of the following:

(i) Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations [and any] .

(ii) Any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous.

(2) The term ["residual waste" shall] does not include [coal] :

(i) Coal refuse as defined in the "Coal Refuse Disposal Control Act." ["Residual waste" shall not include treatment]

(ii) Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to "The Clean Streams Law."

(iii) Current generation blast furnace, iron and steel slag if:

(A) used onsite as a waste processing liming agent in acid neutralization or onsite in place of aggregate or sold and distributed in the stream of commerce for consumption, use or further processing into another desired commodity; and

(B) managed as an item of commercial value in accordance with industry practices to ensure commercial value.

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Section 2. Nothing in this act shall be construed to affect the duty or power of the Department of Environmental Protection over a natural resource or residual waste in this Commonwealth.

Section 3. This act shall take effect in 60 days.

APPROVED--The 15th day of February, A.D. 2018.

TOM WOLF