HB 665 — 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; in residual waste, further providing for disposal, processing and storage of residual waste and providing for exempt special wastes; and making an editorial change.

PRINTER'S NO.   672

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 665
                                               Session of
                                                 2025

     INTRODUCED BY WEBSTER, WAXMAN, PIELLI, HILL-EVANS, KHAN,
        McNEILL, HANBIDGE, OTTEN, SANCHEZ, RABB, BRENNAN, HOWARD AND
        DONAHUE, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 20, 2025


                                    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; in residual
19      waste, further providing for disposal, processing and storage
20      of residual waste and providing for exempt special wastes;
21      and making an editorial change.
22      The General Assembly of the Commonwealth of Pennsylvania
23   hereby enacts as follows:
24      Section 1.    The definitions of "drill cuttings" and "solid
25   waste" in section 103 of the act of July 7, 1980 (P.L.380,
26   No.97), known as the Solid Waste Management Act, are amended and
 1   the section is amended by adding a definition to read:
 2   Section 103.    Definitions.
 3      The following words and phrases when used in this act shall
 4   have, unless the context clearly indicates otherwise, the
 5   meanings given to them in this section:
 6      * * *
 7      "Drill cuttings."       Rock cuttings and related mineral residues
 8   created during the drilling of wells pursuant to [the act of
 9   December 19, 1984 (P.L.1140, No.223), known as the "Oil and Gas
10   Act,"] 58 Pa.C.S. (relating to oil and gas) provided such
11   materials are disposed of at the well site and pursuant to
12   [section 206 of the "Oil and Gas Act."] 58 Pa.C.S. § 3216
13   (relating to well site restoration).
14      "Exempt special waste."       A solid waste excluded as a
15   hazardous waste under 40 CFR 261.4(b)(5) (relating to
16   exclusions).
17      * * *
18      "Solid waste."      Any waste, including but not limited to,
19   municipal, residual or hazardous wastes, including solid,
20   liquid, semisolid or contained gaseous materials. The term does
21   not include any of the following:
22           (1)    Coal ash.
23           (2)    Drill cuttings, except for drill cuttings from
24      geologic formations that contain oil or gas deposits.
25      * * *
26      Section 2.    Section 302(b) of the act is amended by adding
27   paragraphs and the section is amended by adding subsections to
28   read:
29   Section 302.    Disposal, processing and storage of residual
30                 waste.

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 1      * * *
 2      (b)   It shall be unlawful for any person or municipality who
 3   stores, processes, or disposes of residual waste to fail to:
 4            * * *
 5            (4)   Test leachate prior to discharge for the presence of
 6      all of the following in accordance with National Pollutant
 7      Discharge Elimination System requirements:
 8                  (i)    Chloride.
 9                  (ii)    Bromide.
10                  (iii)    Sulfate.
11                  (iv)    Nitrate.
12            (5)   Test leachate prior to discharge for hazardous
13      characteristics in accordance with requirements under 40 CFR
14      Pt. 261 Subpt. C (relating to characteristics of hazardous
15      waste), including:
16                  (i)    Toxicity.
17                  (ii)    Corrosivity.
18                  (iii)    Ignitability.
19                  (iv)    Reactivity.
20            (6)   Test leachate prior to discharge, in accordance with
21      best practice standards through gamma-ray spectrometry using
22      high-purity germanium and lithium-drifted germanium
23      detectors and any of their successor technologies, as
24      specified in 40 CFR 141.25(a) (relating to analytical methods
25      for radioactivity), for the presence of all of the following
26      naturally occurring radionuclides:
27                  (i)    Uranium and its decay products.
28                  (ii)    Thorium and its decay products.
29                  (iii)    Radium and its decay products.
30                  (iv)    Potassium-40.

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 1                  (v)   Lead-210/Polonium-210.
 2      (c)   In accordance with the standards specified in subsection
 3   (b)(4), (5) and (6):
 4            (1)   A facility shall test municipal waste or residual
 5      waste at the time that the municipal waste or residual waste
 6      enters the facility.
 7            (2)   A facility shall test any municipal waste or
 8      residual waste leachate prior to processing onsite or leaving
 9      the facility.
10      (d)   A residual waste landfill under 25 Pa. Code Ch. 288
11   (relating to residual waste landfills), which accepts residual
12   waste under this act, shall add naturally occurring
13   radionuclides, as described in subsection (b)(6), to the
14   groundwater testing conducted by the residual waste landfill.
15      (e)   A facility shall establish and maintain records to
16   compare the testing results regarding municipal waste or
17   residual waste that enters the facility with the testing results
18   regarding leachate leaving the facility, to determine the
19   effectiveness of the disposal or processing of the municipal
20   waste or residual waste. The following apply:
21            (1)   For comparison purposes, the same testing
22      requirements shall be used on the municipal waste or residual
23      waste that enters the facility and the leachate leaving the
24      facility.
25            (2)   The facility shall report quarterly to the
26      department and the municipality in which the facility is
27      located the testing results regarding the municipal waste or
28      residual waste that enters the facility and the leachate
29      leaving the facility. The report shall include the following:
30                  (i)   Volume and contents of the waste.

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 1                  (ii)    Type of waste, by category.
 2                  (iii)    The presence of radionuclides, chloride,
 3            bromide, sulfate or nitrate and their concentration
 4            levels.
 5                  (iv)    The presence and level of toxicity,
 6            corrosivity, ignitability or reactivity.
 7            (3)   The department shall make the reports under this
 8      subsection available on the department's publicly accessible
 9      Internet website.
10            (4)   A copy of the reports under this subsection shall be
11      made available for review at the facility.
12            (5)   The department shall require a public hearing if the
13      leachate:
14                  (i)    Exceeds the permissible levels under:
15                         (A)   the National Pollutant Discharge Elimination
16                  System; or
17                         (B)   the Safe Drinking Water Act (Public Law 93-
18                  523, 21 U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et
19                  seq.).
20                  (ii)    Is hazardous waste under 40 CFR Pt. 261 Subpt.
21            C.
22      (f)   A person or municipality may not, for the purpose of
23   storage, processing or disposal, provide or receive residual
24   waste that exceeds permissible levels in accordance with the
25   standards specified in subsection (b)(4), (5) and (6).
26      Section 3.        The act is amended by adding a section to read:
27   Section 304.     Exempt special wastes.
28      (a)   The following apply:
29            (1)   It shall be unlawful for a person or municipality
30      that stores, processes or disposes of residual waste to

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 1    receive exempt special waste from a facility unless the
 2    exempt special waste is nonhazardous and nonradioactive, as
 3    determined using the hazardous waste characteristic
 4    properties of ignitability, corrosivity, reactivity and
 5    toxicity described under 40 CFR Pt. 261 Subpt. C (relating to
 6    characteristics of hazardous waste) and the best practice
 7    standards through gamma-ray spectrometry using high-purity
 8    germanium and lithium-drifted germanium detectors and any of
 9    their successor technologies, as specified in 40 CFR
10    141.25(a) (relating to analytical methods for radioactivity),
11    including:
12              (i)    Uranium and its decay products.
13              (ii)    Thorium and its decay products.
14              (iii)    Radium and its decay products.
15              (iv)    Potassium-40.
16              (v)    Lead-210/Polonium-210.
17        (2)   Waste should be tested for all of the following in
18    accordance with National Pollutant Discharge Elimination
19    System requirements:
20              (i)    Chloride.
21              (ii)    Bromide.
22              (iii)    Sulfate.
23              (iv)    Nitrate.
24        (3)   In determining whether exempt special waste is
25    nonhazardous, at a minimum:
26              (i)    Best available technology economically
27        achievable, as described in 33 U.S.C. § 1314(b)(2)(B)
28        (relating to information and guidelines), must be used.
29              (ii)    A representative sample, as defined in 40 CFR
30        260.10 (relating to definitions), must be tested.

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 1      (b)   The following apply regarding reports:
 2            (1)   A facility shall report quarterly to the department
 3      and the municipality in which the facility is located any
 4      exempt special waste from a drilling site that is received by
 5      the facility. The report shall include the following:
 6                  (i)    Volume and contents of the waste.
 7                  (ii)    Type of waste, by category.
 8                  (iii)    The presence of radionuclides, chloride,
 9            bromide, sulfate or nitrate and their concentration
10            levels.
11                  (iv)    The presence and level of toxicity,
12            corrosivity, ignitability or reactivity.
13            (2)   The department shall make the reports under this
14      subsection available on the department's publicly accessible
15      Internet website.
16            (3)   A copy of the reports under this subsection shall be
17      made available for review at the facility.
18      (c)   If exempt special waste is not nonhazardous, as
19   described in subsection (a), the department or municipality
20   shall schedule a public hearing to address the hazardous levels.
21      (d)   A person, municipality or facility may not, for the
22   purpose of storage, processing or disposal, provide or receive
23   exempt special waste that is not nonhazardous, as described in
24   subsection (a).
25      Section 4.        Section 502(d) of the act is amended to read:
26   Section 502.     Permit and license application requirements.
27      * * *
28      (d)   The application for a permit shall set forth the manner
29   in which the operator plans to comply with the requirements of
30   the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean

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 1   Streams Law," the act of May 31, 1945 (P.L.1198, No.418), known
 2   as the "Surface Mining Conservation and Reclamation Act," the
 3   act of January 8, 1960 (1959 P.L.2119, No.787), known as the
 4   "Air Pollution Control Act," and the act of November 26, 1978
 5   (P.L.1375, No.325), known as the "Dam Safety and Encroachments
 6   Act," as applicable. No approval shall be granted unless the
 7   plan provides for compliance with the statutes hereinabove
 8   enumerated, and failure to comply with the statutes hereinabove
 9   enumerated during construction and operation or thereafter shall
10   render the operator liable to the sanctions and penalties
11   provided in this act for violations of this act and to the
12   sanctions and penalties provided in the statutes hereinabove
13   enumerated for violations of such statutes. Such failure to
14   comply shall be cause for revocation of any approval or permit
15   issued by the department to the operator. Compliance with the
16   provisions of this subsection and with the provisions of this
17   act and the provisions of the statutes hereinabove enumerated
18   shall not relieve the operator of the responsibility for
19   complying with the provisions of all other applicable statutes,
20   including, but not limited to the act of [July 17, 1961
21   (P.L.659, No.339), known as the "Pennsylvania Bituminous Coal
22   Mine Act,"] July 7, 2008 (P.L.654, No.55), known as the
23   "Bituminous Coal Mine Safety Act," the act of November 10, 1965
24   (P.L.721, No.346), known as the "Pennsylvania Anthracite Coal
25   Mine Act," and the act of July 9, 1976 (P.L.931, No.178),
26   entitled "An act providing emergency medical personnel;
27   employment of emergency medical personnel and emergency
28   communications in coal mines."
29      * * *
30      Section 5.   This act shall take effect in 60 days.

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