HB 2249 — 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 definitions, for powers and duties of the department and for powers and duties of the Environmental Quality Board.

PRINTER'S NO.   2940

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2249
                                               Session of
                                                 2026

     INTRODUCED BY PUGH, WALSH, CIRESI AND FLEMING, FEBRUARY 25, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 25, 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 definitions, for powers and
19      duties of the department and for powers and duties of the
20      Environmental Quality Board.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Section 103 of the act of July 7, 1980 (P.L.380,
24   No.97), known as the Solid Waste Management Act, is amended by
25   adding a definition to read:
26   Section 103.    Definitions.
27      The following words and phrases when used in this act shall
 1   have, unless the context clearly indicates otherwise, the
 2   meanings given to them in this section:
 3      * * *
 4      "Biosolid."       As follows:
 5          (1)     Liquid or solid sludge or other residue from a
 6      municipal sewage collection and treatment system or from
 7      septic and holding tank pumpings from a commercial,
 8      institutional or residential establishment.
 9          (2)     A material derived from sewage sludge.
10          (3)     The term does not include any of the following:
11                 (i)    Ash generated during the firing of sewage sludge
12          in a sewage sludge incinerator.
13                 (ii)    Grit and screenings generated during the
14          preliminary treatment of sewage sludge at a municipal
15          sewage collection and treatment system.
16                 (iii)    Grit, screenings and nonorganic objects from
17          septic and holding tank pumpings.
18      * * *
19      Section 2.       Section 104(17) and (18) of the act are amended
20   and the section is amended by adding paragraphs to read:
21   Section 104.    Powers and duties of the department.
22      The department in consultation with the Department of Health
23   regarding matters of public health significance shall have the
24   power and its duty shall be to:
25          * * *
26          (17)     administer funds collected by the United States
27      Government and granted to Pennsylvania for the purpose of
28      closing, maintaining or monitoring abandoned or closed
29      hazardous waste storage, treatment or disposal sites and for
30      the purpose of action to abate or prevent pollution at such

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 1    sites. If Congress has not authorized the collection of such
 2    funds within one year after the effective date of this act,
 3    or if the department finds that the funding program
 4    authorized is inadequate, the department shall transmit to
 5    the General Assembly within 15 months after the effective
 6    date of this act a proposal for the establishment of a fund
 7    in Pennsylvania comprised of surcharges collected from users
 8    of hazardous waste storage, treatment and disposal facilities
 9    excluding captive facilities in the Commonwealth. Such fund
10    shall be proposed for the purpose of closing, maintaining or
11    monitoring hazardous waste storage, treatment or disposal
12    sites excluding captive facilities which have been abandoned
13    or which have been closed for at least 20 years, and for the
14    purpose of taking action to abate or prevent pollution at
15    such closed or abandoned sites; [and]
16        (18)   encourage the beneficial use or processing of
17    municipal waste or residual waste when the department
18    determines that such use does not harm or present a threat of
19    harm to the health, safety or welfare of the people or
20    environment of this Commonwealth. The department shall
21    establish waste regulations to effectuate the beneficial use
22    of municipal and residual waste, including regulations for
23    the issuance of general permits for any category of
24    beneficial use or processing of municipal waste or residual
25    waste on a regional or Statewide basis in accordance with the
26    regulations adopted by the Environmental Quality Board. The
27    department may or may not require insurance under section
28    502(e) or bonds under section 505(a) for any general permit
29    or class of general permits promulgated under this paragraph.
30    Except with the written approval of the department, no waste

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 1    may be stored for longer than one year. Residual wastes being
 2    stored shall be monitored for changes in physical and
 3    chemical properties, including leachability, pursuant to
 4    applicable regulations, by the person or municipality
 5    beneficially using or processing such waste. The department
 6    may require the submission of periodic analyses or other
 7    information to insure that the quality of residual waste to
 8    be beneficially used or processed does not change. A
 9    municipality or person beneficially using or processing the
10    residual waste shall immediately notify the department, upon
11    forms provided by department, of any change in the physical
12    or chemical properties of the residual waste, including
13    leachability; and the department shall conduct an
14    investigation and order necessary corrective action. Upon
15    receipt of a signed, written complaint of any person whose
16    health, safety or welfare may be adversely affected by a
17    physical or chemical change in the properties of residual
18    waste to be beneficially used or processed, including
19    leachability, the department shall determine the validity of
20    the complaint and take appropriate action[.];
21          (19)   ensure that there is no land application of
22    biosolids if the maximum contaminant levels for
23    perfluorooctane sulfonate and perfluorooctanoic acid
24    established by the Environmental Quality Board are exceeded;
25          (20)   ensure that proper resampling and treatment
26    requirements are completed prior to the land application of
27    biosolids if the established maximum contaminant levels for
28    perfluorooctane sulfonate and perfluorooctanoic acid
29    established by the Environmental Quality Board are exceeded;
30    and

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 1            (21)    based on the results from samples collected in the
 2      previous calendar year under regulations promulgated under
 3      section 105(k), issue and post on the department's publicly
 4      accessible Internet website an annual report on the
 5      prevalence of perfluorooctane sulfonate and perfluorooctanoic
 6      acid in biosolids.
 7      Section 3.      Section 105 of the act is amended by adding a
 8   subsection to read:
 9   Section 105.      Powers and duties of the Environmental Quality
10                   Board.
11      * * *
12      (k)   Not later than 500 days after the effective date of this
13   subsection, the Environmental Quality Board shall promulgate
14   final regulations establishing sampling requirements and maximum
15   contaminant levels for the presence of perfluorooctane sulfonate
16   and perfluorooctanoic acid in biosolids that are authorized by
17   the department for use in this Commonwealth. The regulations
18   shall require a permit holder with a land application of sewage
19   sludge permit issued by the department under 25 Pa. Code Ch. 271
20   Subch. J (relating to beneficial use of sewage sludge by land
21   application) to:
22            (1)    Conduct quarterly sampling to ensure compliance with
23      established maximum contaminant levels.
24            (2)    Complete resampling and treatment prior to land
25      application of biosolids if the established maximum
26      contaminant levels for perfluorooctane sulfonate and
27      perfluorooctanoic acid are exceeded.
28            (3)    Report information relating to the sampling,
29      resampling and treatment to the department.
30      Section 4.      This act shall take effect immediately.

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