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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
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 powers and duties of the
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 104(17) and (18) 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 paragraphs to
read:
Section 104. Powers and duties of the department.
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The department in consultation with the Department of Health
regarding matters of public health significance shall have the
power and its duty shall be to:
* * *
(17) administer funds collected by the United States
Government and granted to Pennsylvania for the purpose of
closing, maintaining or monitoring abandoned or closed
hazardous waste storage, treatment or disposal sites and for
the purpose of action to abate or prevent pollution at such
sites. If Congress has not authorized the collection of such
funds within one year after the effective date of this act,
or if the department finds that the funding program
authorized is inadequate, the department shall transmit to
the General Assembly within 15 months after the effective
date of this act a proposal for the establishment of a fund
in Pennsylvania comprised of surcharges collected from users
of hazardous waste storage, treatment and disposal facilities
excluding captive facilities in the Commonwealth. Such fund
shall be proposed for the purpose of closing, maintaining or
monitoring hazardous waste storage, treatment or disposal
sites excluding captive facilities which have been abandoned
or which have been closed for at least 20 years, and for the
purpose of taking action to abate or prevent pollution at
such closed or abandoned sites; [and]
(18) encourage the beneficial use or processing of
municipal waste or residual waste when the department
determines that such use does not harm or present a threat of
harm to the health, safety or welfare of the people or
environment of this Commonwealth. The department shall
establish waste regulations to effectuate the beneficial use
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of municipal and residual waste, including regulations for
the issuance of general permits for any category of
beneficial use or processing of municipal waste or residual
waste on a regional or Statewide basis in accordance with the
regulations adopted by the Environmental Quality Board. The
department may or may not require insurance under section
502(e) or bonds under section 505(a) for any general permit
or class of general permits promulgated under this paragraph.
Except with the written approval of the department, no waste
may be stored for longer than one year. Residual wastes being
stored shall be monitored for changes in physical and
chemical properties, including leachability, pursuant to
applicable regulations, by the person or municipality
beneficially using or processing such waste. The department
may require the submission of periodic analyses or other
information to insure that the quality of residual waste to
be beneficially used or processed does not change. A
municipality or person beneficially using or processing the
residual waste shall immediately notify the department, upon
forms provided by department, of any change in the physical
or chemical properties of the residual waste, including
leachability; and the department shall conduct an
investigation and order necessary corrective action. Upon
receipt of a signed, written complaint of any person whose
health, safety or welfare may be adversely affected by a
physical or chemical change in the properties of residual
waste to be beneficially used or processed, including
leachability, the department shall determine the validity of
the complaint and take appropriate action[.];
(19) if the department receives a notice of
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noncompliance issued by the United States Environmental
Protection Agency for a violation of 15 U.S.C. Ch. 53
(relating to toxic substances control), forward the notice to
the municipality where the violation occurred within 14
calendar days of receipt; and
(20) provide a copy of all notices of violation issued
under the authority of this act to the municipality where the
recipient facility or site is located. A municipality may
request at any time not to receive copies of notices of
violation or noncompliance referenced in this paragraph and
paragraph (19). The request must be in writing from an
authorized municipal representative to the regional waste
program manager in the appropriate regional office of the
department.
Section 2. This act shall take effect in 60 days.
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