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 and for powers and duties of the department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for requirements for animal processing residuals and food processing residuals, for requirements for the storage, transfer and transport of animal processing residuals and food processing residuals by commercial brokers and commercial haulers, for preemption of local ordinances and for mitigation; abrogating regulations; and making an editorial change.

PRINTER'S NO. 819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 763
Session of
2025
INTRODUCED BY ROTHMAN, MASTRIANO, STEFANO AND J. WARD,
MAY 22, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 22, 2025
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 and for powers
and duties of the department; in applications and permits,
further providing for permits and licenses required,
transition scheme and reporting requirements and providing
for requirements for animal processing residuals and food
processing residuals, for requirements for the storage,
transfer and transport of animal processing residuals and
food processing residuals by commercial brokers and
commercial haulers, for preemption of local ordinances and
for mitigation; abrogating regulations; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "food processing waste," "food
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processing wastes used for agricultural purposes" and "normal
farming operations" in section 103 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 definitions to
read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Agricultural operator." A person that has management
control of a normal farming operation.
* * *
"Animal processing residuals." Residual materials in liquid
or solid form generated in the slaughtering, processing or
converting of poultry, livestock, fish, seafood, milk, meat or
eggs into human food or animal feed.
* * *
"Commercial broker." A person that assumes temporary con trol
or ownership of animal processing residuals or food processing
residuals and directly or indirectly arranges for transport to
and utilization at a normal farming operation or other location.
* * *
"Commercial hauler." A person that transports or land-
applies animal processing residuals or food processing residuals
as a contract agent for an agricultural operator or commercial
broker under the direction of the operator or broker.
* * *
"Food processing [waste." Residual materials in liquid or
solid form generated in the slaughtering of poultry and
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livestock, or in processing and converting fish, seafood, milk,
meat, and eggs to food products; it also means residual]
residuals." Residual materials generated in the processing,
converting, or manufacturing of fruits, vegetables, crops and
other commodities into [marketable food items] human food or
animal feed.
["Food processing wastes used for agricultural purposes."
The use of food processing wastes in normal farming operations
as defined in this section.]
* * *
"Land application system." A written, site-specific plan
that incorporates best management practices for the use, storage
and land application of animal processing res iduals or food
processing residuals.
* * *
"Normal farming operations." The customary and generally
accepted activities, practices and procedures that farms adopt,
use, or engage in year after year in the production and
preparation for market of poultry, livestock, and their
products; and in the production, harvesting and preparation for
market of agricultural, agronomic, horticultural, silvicultural
and aquacultural crops and commodities; provided that such
operations are conducted in compliance with applicable laws, and
provided that the use or disposal of these materials will not
pollute the air, water, or other natural resources of the
Commonwealth. It includes the storage and utilization of
agricultural [and food process wastes] waste, animal processing
residuals and food processing residuals, screenings and sludges
for animal feed, and includes the agricultural utilization of
septic tank cleanings and sewage sludges which are generated
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off-site. It includes the management, collection, storage,
transportation, use or disposal of manure, [other agricultural
waste and food processing waste] agricultural waste, animal
processing residuals and food processing residuals, screenings
and sludges on land where such materials will improve the
condition of the soil, the growth of crops, or in the
restoration of the land for the same purposes.
* * *
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
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
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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
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] ensure 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
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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) in coordination with the Department of Agriculture
and the State Conservation Commission, develop, maintain and
update requirements for a land application system in
accordance with the latest scientific research and evidence-
based practices. Requirements shall be developed in
accordance with section 509; and
(20) regulate the storage, transfer and transportation
of animal processing residuals and food processing residuals
by commercial brokers and commercial haulers. In coordination
with the Department of Agriculture and the State Conservation
Commission, develop, maintain and update the requirements for
the storage, transfer and transportation of animal processing
residuals and food processing residuals by commercial brokers
and commercial haulers. Requirements shall be developed in
accordance with section 510. This paragraph shall not take
effect until legislation is enacted to certify commercial
haulers and commercial brokers of animal processing residuals
and food processing residuals.
Section 3. Section 501(a) of the act is amended and the
section is amended by adding a subsection to read:
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Section 501. Permits and licenses required; transition scheme;
reporting requirements.
(a) It shall be unlawful for any person or municipality to
use, or continue to use, their land or the land of any other
person or municipality as a solid waste processing, storage,
treatment or disposal area without first obtaining a permit from
the department as required by this act[: Provided, however, That
this].
(a.1) This section shall not apply to the following:
(1) The short-term storage of by-products which are
utilized in the processing or manufacturing of other
products, to the extent that such by-products are not
hazardous, and do not create a public nuisance or adversely
affect the air, water and other natural resources of the
Commonwealth[: And provided further, however, That the
provisions of this section shall not apply to agricultural
waste].
(2) Agricultural waste, animal processing residuals and
food processing residuals produced in [the course of] normal
farming operations [nor the].
(3) The use of agricultural waste, animal processing
residuals and food processing [wastes in the course of]
residuals in normal farming operations provided that such
[wastes] agricultural wastes, animal processing residuals or
food processing residuals are not classified by the board as
hazardous.
(4) The use, storage and land application of animal
processing residuals and food processing residuals in normal
farming operations provided the use, storage and land
application are in compliance with a land application system.
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(5) Food processing residuals transported to a normal
farming operation and used to feed livestock or poultry.
* * *
Section 4. Article V heading of the act is amended to read:
ARTICLE V
APPLICATIONS [AND], PERMITS, REQUIREMENTS,
PREEMPTION AND MITIGATION
Section 5. The act is amended by adding sections to read:
Section 509. Requirements for animal processing residuals and
food processing residuals .
(a) Requirements developed under section 104(19) for the
use, storage and land application of animal processing residuals
and food processing residuals shall include the following:
(1) Provisions for the use, storage and land application
of animal processing residuals and food processing residuals
in accordance with a land application system.
(2) Provisions for recordkeeping for the use, storage
and land application of animal processing residuals and food
processing residuals.
(3) Provisions for the use of site-specific best
management practices to manage odor of animal processing
residuals and food processing residuals.
(4) Provisions for periodic evaluation of a land
application system for animal processing residuals and food
processing residuals.
(b) In order to facilitate the prompt implementation of this
section, the board shall promulgate temporary regulations that
shall expire no later than two years following the publication
of the temporary regulations. The board may promulgate temporary
regulations not subject to:
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(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) The board's authority to adopt temporary regulations
under subsection (b) shall expire two years after the effective
date of this subsection. Regulations adopted after this period
shall be promulgated as provided by law before the expiration of
the temporary regulations under subsection (b).
(d) The board may issue orders as are necessary to aid in
the maintenance and updating of requirements under subsection
(a). The orders shall expire 24 months after issuance or the
effective date of amendments to the applicable regulations
containing the content of the order, whichever first occurs. Any
order issued under this subsection shall take effect upon notice
unless the order specifies otherwise. An appeal of the order to
the Environmental Hearing Board shall not act as a supersedeas,
provided that, upon application for and cause shown, the hearing
board may issue a supersedeas under the rules established by the
hearing board.
Section 510. Requirements for the storage, transfer and
transport of animal processing residuals and food
processing residuals by commercial brokers and
commercial haulers.
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(a) Requirements developed under section 104(20) for the
storage, transfer and transport of animal processing residuals
and food processing residuals by commercial brokers and
commercial haulers shall include the following:
(1) Provisions for determining the content of animal
processing residuals and food processing residuals.
(2) Provisions for the best practices to be used in the
storage, transfer and transport of animal processing
residuals and food processing residuals.
(3) Provisions for recordkeeping for the storage,
transfer and transport of animal processing residuals and
food processing residuals.
(b) In order to facilitate the prompt implementation of this
section, the board shall promulgate temporary regulations that
shall expire no later than two years following the publication
of the temporary regulations. The board may promulgate temporary
regulations not subject to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) The board's authority to adopt temporary regulations
under subsection (b) shall expire two years after the effective
date of this subsection. Regulations adopted after this period
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shall be promulgated as provided by law before the expiration of
the temporary regulations under subsection (b).
(d) The board may issue orders as are necessary to aid in
the maintenance and updating of requirements under subsection
(a). The orders shall expire 24 months after issuance or the
effective date of amendments to the applicable regulations
containing the content of the order, whichever first occurs. Any
order issued under this subsection shall take effect upon notice
unless the order specifies otherwise. An appeal of the order to
the Environmental Hearing Board shall not act as a supersedeas,
provided that, upon application for and cause shown, the hearing
board may issue a supersedeas under the rules established by the
hearing board.
Section 511. Preemption of local ordinances.
The regulation of the use, storage, transfer, transport and
land application of animal processing residuals and food
processing residuals set forth in this act or any accompanying
regulations are of Statewide concern and occupy the whole field
of regulation, to the exclusion of all local regulations.
Section 512. Mitigation.
An agricultural operator that is properly using, storing or
land-applying animal processing residuals or food processing
residuals in compliance with the provisions of this act shall be
given appropriate consideration as a mitigating factor in an
action arising from the use, storage or land application of
animal processing residuals or food processing residuals by the
agricultural operator.
Section 6. The provisions of 25 Pa. Code § 287.101(b)(2) are
abrogated.
Section 7. This act shall take effect in 180 days.
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