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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 41.16. Transportation of waste for disposal—statement of policy.

§ 41.16. Transportation of waste for disposal—statement of policy.

 (a)  In Pennsylvania Public Utility Commission v. Edward Armstrong & Sons, Inc., C-850073 (Order entered April 28, 1986), the Commission ruled that the transportation of waste water sludge which has little or no intrinsic value does not involve the transportation of property under 66 Pa.C.S. § §  102 and 2501 (relating to definitions); and declaration of policy and definitions), and therefore is not subject to the Commission’s jurisdiction.

 (b)  The Commission has no jurisdiction over the transportation by motor vehicle of waste, including but not limited to rubbish, garbage, sludge, sewage and hazardous waste, in solid, liquid or semiliquid state, for disposal.

 (c)  This exemption does not alter Commission regulation of fixed utility sewage companies or the transportation of scrap materials, such as metal and glass, which have commercial value.


   The provisions of this §  41.16 adopted December 5, 1986, effective December 6, 1986, 16 Pa.B. 4721.

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