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HB 2229

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 powers and duties of the department.

2025-2026 Regular Session Introduced by Bob Freeman and 5 co-sponsors

DEP gains authority to administer federal and state funds for closing/monitoring abandoned hazardous waste sites and, if federal funds drop, would create a state surcharge-funded p

Removed from table
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Bill Summary · HB 2229

Summary of HB 2229 (Session 2025-2026, Pennsylvania)

Purpose and intent

  • This bill amends the Solid Waste Management Act to expand the Department of Environmental Protection’s (DEP) powers and duties, with a focus on:
    • Administering funds related to closing/monitoring abandoned or closed hazardous waste sites (and related pollution abatement).
    • Encouraging beneficial use or processing of municipal and residual waste, subject to health, safety, and environmental safeguards.

Key provisions and changes

  • New or amended DEP authority (Section 104, subsections 17–20):

    • (17) Hazardous waste site closure/abandonment funding
    • DEP would administer funds from the federal government and any other grants intended to close, maintain, or monitor abandoned/closed hazardous waste storage, treatment, or disposal sites, and to abate or prevent pollution at these sites.
    • If Congress does not authorize collection of such funds within one year after the act’s effective date, or if the current funding is deemed inadequate, DEP must propose a Pennsylvania fund (within 15 months of the act’s effective date) financed by surcharges on users of hazardous waste storage, treatment, and disposal facilities (excluding captive facilities).
    • The proposed fund would be for closing, maintaining, or monitoring abandoned/closed hazardous waste sites (excluding captive facilities) and for pollution abatement at those sites. A detailed plan would be needed in statute if federal funding isn’t available.
    • (18) Encouragement of beneficial use/processing of waste
    • DEP may promote beneficial use or processing of municipal waste or residual waste when it does not pose health, safety, or environmental risks.
    • DEP would establish regulations to enable beneficial use and processing, including general permit provisions for various categories of beneficial use or processing on a regional or statewide basis, aligned with Environmental Quality Board regulations.
    • The department may (but is not required to) require insurance or bonds for general permits.
    • Provisions on storage duration and monitoring:
      • Generally, waste may not be stored longer than one year without written approval.
      • Residual waste storage must be monitored for changes in physical/chemical properties (e.g., leachability) per regulations, either by the beneficiary or the municipality.
      • The department may require periodic analyses to ensure waste quality remains suitable for its intended beneficial use/processing.
      • Beneficiaries must promptly notify the DEP of any changes in waste properties; DEP must investigate and order corrective actions as needed.
      • The department must respond to signed health/safety complaints about changes in waste properties (including leachability) and take appropriate action.
    • (19) EPA noncompliance notices
    • If DEP receives a notice of noncompliance from the EPA related to Toxic Substances Control Act violations, it must forward the notice to the relevant municipality within 14 days.
    • (20) Public notices of violation
    • DEP must provide copies of all notices of violation to the municipality where the recipient facility/site is located.
    • Municipalities may opt out of receiving copies of such notices by written request to the DEP regional waste program manager.

Affected parties

  • Commonwealth/State agencies
    • Department of Environmental Protection (DEP) gains expanded responsibilities, including fund administration, regulatory development for beneficial use of waste, and enhanced communication with municipalities regarding violations.
  • Municipalities and local governments
    • Enhanced role in monitoring and compliance for beneficial-use projects.
    • Right to request not to receive certain notices (in writing).
    • Involvement in monitoring residual waste and ensuring property changes are reported.
  • Facilities handling hazardous and residual waste
    • Potential new charges if federal funds are unavailable, via a state surcharges fund to close/monitor sites.
    • Subject to general permits for beneficial use/processing.
  • General public
    • Prospective improvements in handling abandoned hazardous waste sites and potential safer, regulated beneficial uses of waste materials.

Procedural and timeline aspects

  • Effective date: Upon passage, with a 60-day effective period stated for the act itself.
  • If federal funding for abandoned/closed hazardous waste sites is not authorized within one year after the act’s effective date, DEP must propose a state fund within 15 months financed by user surcharges.
  • The bill requires DEP to develop and implement regulations for beneficial use/processing, including potential regional or statewide general permits.
  • Communications requirements: DEP must forward EPA notices to municipalities within 14 days (for noncompliance notices) and provide copies of all violation notices to affected municipalities, with an opt-out option for municipalities.

Potential impact

  • Creates a state-financed mechanism (if federal funds do not materialize) to address legacy hazardous waste sites, potentially accelerating cleanup and reducing environmental pollution risks.
  • Encourages innovative, regulated beneficial uses of municipal and residual waste, which could divert waste from landfills and promote reuse, provided safety/regulatory standards are met.
  • Increases DEP’s oversight and information-sharing with municipalities regarding violations and site conditions, potentially improving local enforcement and public health protections.
  • Introduces compliance and reporting obligations for waste handlers and municipalities, with potential downstream impact on permitting and monitoring processes.

Compiled from official sources — confirm details with the bill’s official record.

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