HB 2229 — An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for powers and duties of the department.

PRINTER'S NO.     2922

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2229
                                               Session of
                                                 2026

     INTRODUCED BY MAKO, KRUPA, FREEMAN, GLEIM, GROVE AND JAMES,
        FEBRUARY 19, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 20, 2026


                                    AN ACT
 1   Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
 2      act providing for the planning and regulation of solid waste
 3      storage, collection, transportation, processing, treatment,
 4      and disposal; requiring municipalities to submit plans for
 5      municipal waste management systems in their jurisdictions;
 6      authorizing grants to municipalities; providing regulation of
 7      the management of municipal, residual and hazardous waste;
 8      requiring permits for operating hazardous waste and solid
 9      waste storage, processing, treatment, and disposal
10      facilities; and licenses for transportation of hazardous
11      waste; imposing duties on persons and municipalities;
12      granting powers to municipalities; authorizing the
13      Environmental Quality Board and the Department of
14      Environmental Protection to adopt rules, regulations,
15      standards and procedures; granting powers to and imposing
16      duties upon county health departments; providing remedies;
17      prescribing penalties; and establishing a fund," in general
18      provisions, further providing for powers and duties of the
19      department.
20      The General Assembly of the Commonwealth of Pennsylvania
21   hereby enacts as follows:
22      Section 1.    Section 104(17) and (18) of the act of July 7,
23   1980 (P.L.380, No.97), known as the Solid Waste Management Act,
24   are amended and the section is amended by adding paragraphs to
25   read:
26   Section 104.    Powers and duties of the department.
 1      The department in consultation with the Department of Health
 2   regarding matters of public health significance shall have the
 3   power and its duty shall be to:
 4          * * *
 5          (17)    administer funds collected by the United States
 6      Government and granted to Pennsylvania for the purpose of
 7      closing, maintaining or monitoring abandoned or closed
 8      hazardous waste storage, treatment or disposal sites and for
 9      the purpose of action to abate or prevent pollution at such
10      sites. If Congress has not authorized the collection of such
11      funds within one year after the effective date of this act,
12      or if the department finds that the funding program
13      authorized is inadequate, the department shall transmit to
14      the General Assembly within 15 months after the effective
15      date of this act a proposal for the establishment of a fund
16      in Pennsylvania comprised of surcharges collected from users
17      of hazardous waste storage, treatment and disposal facilities
18      excluding captive facilities in the Commonwealth. Such fund
19      shall be proposed for the purpose of closing, maintaining or
20      monitoring hazardous waste storage, treatment or disposal
21      sites excluding captive facilities which have been abandoned
22      or which have been closed for at least 20 years, and for the
23      purpose of taking action to abate or prevent pollution at
24      such closed or abandoned sites; [and]
25          (18)    encourage the beneficial use or processing of
26      municipal waste or residual waste when the department
27      determines that such use does not harm or present a threat of
28      harm to the health, safety or welfare of the people or
29      environment of this Commonwealth. The department shall
30      establish waste regulations to effectuate the beneficial use

20260HB2229PN2922                   - 2 -
 1    of municipal and residual waste, including regulations for
 2    the issuance of general permits for any category of
 3    beneficial use or processing of municipal waste or residual
 4    waste on a regional or Statewide basis in accordance with the
 5    regulations adopted by the Environmental Quality Board. The
 6    department may or may not require insurance under section
 7    502(e) or bonds under section 505(a) for any general permit
 8    or class of general permits promulgated under this paragraph.
 9    Except with the written approval of the department, no waste
10    may be stored for longer than one year. Residual wastes being
11    stored shall be monitored for changes in physical and
12    chemical properties, including leachability, pursuant to
13    applicable regulations, by the person or municipality
14    beneficially using or processing such waste. The department
15    may require the submission of periodic analyses or other
16    information to insure that the quality of residual waste to
17    be beneficially used or processed does not change. A
18    municipality or person beneficially using or processing the
19    residual waste shall immediately notify the department, upon
20    forms provided by department, of any change in the physical
21    or chemical properties of the residual waste, including
22    leachability; and the department shall conduct an
23    investigation and order necessary corrective action. Upon
24    receipt of a signed, written complaint of any person whose
25    health, safety or welfare may be adversely affected by a
26    physical or chemical change in the properties of residual
27    waste to be beneficially used or processed, including
28    leachability, the department shall determine the validity of
29    the complaint and take appropriate action[.];
30        (19)   if the department receives a notice of

20260HB2229PN2922                - 3 -
 1    noncompliance issued by the United States Environmental
 2    Protection Agency for a violation of 15 U.S.C. Ch. 53
 3    (relating to toxic substances control), forward the notice to
 4    the municipality where the violation occurred within 14
 5    calendar days of receipt; and
 6        (20)     provide a copy of all notices of violation issued
 7    under the authority of this act to the municipality where the
 8    recipient facility or site is located. A municipality may
 9    request at any time not to receive copies of notices of
10    violation or noncompliance referenced in this paragraph and
11    paragraph (19). The request must be in writing from an
12    authorized municipal representative to the regional waste
13    program manager in the appropriate regional office of the
14    department.
15    Section 2.    This act shall take effect in 60 days.




20260HB2229PN2922                  - 4 -