Bill Text: PA HB1652 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions; and regulating the application of paunch manure.

Spectrum: Moderate Partisan Bill (Republican 13-4)

Status: (Introduced - Dead) 2009-06-10 - Referred to AGRICULTURE AND RURAL AFFAIRS [HB1652 Detail]

Download: Pennsylvania-2009-HB1652-Introduced.html

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PRINTER'S NO. 2082
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1652 Session of2009
INTRODUCED BY MENSCH, REICHLEY, BEYER, BRENNAN, CREIGHTON, DENLINGER, GINGRICH, HENNESSEY, HORNAMAN, KORTZ, MAHER, MURT, PICKETT, SCAVELLO, SIPTROTH, SWANGER AND VULAKOVICH, JUNE 10, 2009
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, JUNE 10, 2009
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 Resources 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," further
providing for definitions; and regulating the application of
paunch manure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "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, amended July 11, 1990
(P.L.450, No.109), is amended and the section is amended by
adding a definition 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:
* * *
"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, screenings and sludges for
animal feed, and includes the agricultural utilization of septic
tank cleanings and sewage sludges which are generated off-site.
It includes the management, collection, storage, transportation,
use or disposal of manure, other agricultural waste and food
processing waste, screenings, paunch manure 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.
"Paunch manure." The partially digested material removed
from the digestive tract of an animal at the time of slaughter.
The term does not include organs, tissue, bone, hide or other
animal parts.
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* * *
Section 2. The act is amended by adding an article to read:
ARTICLE IV-A
PAUNCH MANURE
Section 401-A. Conditions for disposal.
(a) Prohibition.--No person shall permit the unloading,
dumping or other disposal of paunch manure at any place, except
at a permitted application site.
(b) Construction.--This section shall not be construed to
prohibit a person from disposing of paunch manure from his own
animals or household upon his own land, insofar as such disposal
does not create a hazard to the health of others.
Section 402-A. Permits.
(a) General rule.--It shall be unlawful for any person to
use any land, premises or property for the application and
storage of paunch manure without first making application for
and securing a general permit.
(b) General permit.--
(1) The department shall, in accordance with rules
adopted by the Environmental Quality Board, develop and issue
a general permit for use by individuals or companies that
land-apply or store paunch manure for use in normal farming
operations.
(2) A general permit shall specify the design and
operating and monitoring conditions, as necessary to
adequately protect life, health, property and the
environment, under which the operation may be conducted
without applying for and obtaining individual permits.
(3) The department shall publish a general permit in the
Pennsylvania Bulletin at least 30 days prior to the effective
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date of the permit.
(c) Application.--The department shall develop an
application form for use by generators of paunch manure that
seek a general permit. The application shall include, but not be
limited to, the following information:
(1) The name, address and telephone number of the owner
of the paunch manure application site.
(2) The name, address and telephone number of the person
who will dispose of the paunch manure.
(3) The legal description of the paunch manure
application site.
(4) A description of the method of disposal or storage
of paunch manure at the application site. If storage or
disposal facilities, other than temporary, are to be
utilized, engineering plans and specifications must be
included. Construction of such facilities shall not commence
until the plans and specifications have been approved by the
department.
(5) A description of the method of application of paunch
manure.
(6) A topographic map of the application and storage
site which shall include:
(i) The location and names of owners of any
inhabited or vacant residence, business or facility
within 300 feet of the application site boundary.
(ii) The location of any stream, lake, pond or well
within 300 feet of the application site boundary, 100
feet in the case of a perennial stream or 33 feet in the
case of an intermittent stream.
(iii) The location of exceptional value wetlands
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within 100 feet of the application site boundary.
(iv) The specific location of proposed storage or
application sites.
Section 403-A. Monitoring.
Prior to application and yearly thereafter, a permittee shall
analyze the soil and submit the results of the analysis to the
department. This monitoring shall include, but not be limited
to, monitoring various levels of the soil profile for migration
of pollutants into the water table. The department may add to
these monitoring parameters as needed to ensure public health
and safety.
Section 404-A. Conservation districts.
(a) General rule.--At the request of a landowner or the
department, a representative of the county conservation district
may enter property on which paunch manure is applied for the
express purpose of gathering samples of the paunch manure and
may conduct a standardized analysis of the samples. Any analysis
conducted shall be accomplished utilizing procedures recognized
by the department.
(b) Construction.--This section shall not be construed to
permit a representative from a municipality from entering the
property for the purposes authorized under this article.
Section 405-A. Regulations.
The department may develop regulations as necessary to
implement the provisions of this article. The regulations shall
be promulgated in accordance with the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act.
Section 3. This act shall take effect in 60 days.
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