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
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 definitions, for powers and
duties of the department and for powers and duties of the
Environmental Quality Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended by
adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
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have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Biosolid." As follows:
(1) Liquid or solid sludge or other residue from a
municipal sewage collection and treatment system or from
septic and holding tank pumpings from a commercial,
institutional or residential establishment.
(2) A material derived from sewage sludge.
(3) The term does not include any of the following:
(i) Ash generated during the firing of sewage sludge
in a sewage sludge incinerator.
(ii) Grit and screenings generated during the
preliminary treatment of sewage sludge at a municipal
sewage collection and treatment system.
(iii) Grit, screenings and nonorganic objects from
septic and holding tank pumpings.
* * *
Section 2. Section 104(17) and (18) of the act are amended
and the section is amended by adding paragraphs to read:
Section 104. Powers and duties of the department.
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
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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
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
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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) ensure that there is no land application of
biosolids if the maximum contaminant levels for
perfluorooctane sulfonate and perfluorooctanoic acid
established by the Environmental Quality Board are exceeded;
(20) ensure that proper resampling and treatment
requirements are completed prior to the land application of
biosolids if the established maximum contaminant levels for
perfluorooctane sulfonate and perfluorooctanoic acid
established by the Environmental Quality Board are exceeded;
and
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(21) b ased on the results from samples collected in the
previous calendar year under regulations promulgated under
section 105(k), issue and post on the department's publicly
accessible Internet website an annual report on the
prevalence of perfluorooctane sulfonate and perfluorooctanoic
acid in biosolids.
Section 3. Section 105 of the act is amended by adding a
subsection to read:
Section 105. Powers and duties of the Environmental Quality
Board.
* * *
(k) Not later than 500 days after the effective date of this
subsection, the Environmental Quality Board shall promulgate
final regulations establishing sampling requirements and maximum
contaminant levels for the presence of perfluorooctane sulfonate
and perfluorooctanoic acid in biosolids that are authorized by
the department for use in this Commonwealth. The regulations
shall require a permit holder with a land application of sewage
sludge permit issued by the department under 25 Pa. Code Ch. 271
Subch. J (relating to beneficial use of sewage sludge by land
application) to:
(1) Conduct quarterly sampling to ensure compliance with
established maximum contaminant levels.
(2) Complete resampling and treatment prior to land
application of biosolids if the established maximum
contaminant levels for perfluorooctane sulfonate and
perfluorooctanoic acid are exceeded.
(3) Report information relating to the sampling,
resampling and treatment to the department.
Section 4. This act shall take effect immediately.
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