§ 1151.40. Management and disposal of medical marijuana waste.

 (a)  Medical marijuana waste generated by a grower/processor or an approved laboratory shall be stored, collected and transported in accordance with 25 Pa. Code Chapter 285 (relating to storage, collection and transportation of municipal waste), provided the medical marijuana waste is not hazardous.

 (b)  The following types of medical marijuana waste shall be rendered unusable and unrecognizable prior to being transported from a grower/processor or an approved laboratory:

   (1)  Unused, surplus, returned, recalled, contaminated or expired medical marijuana.

   (2)  Any medical marijuana plant material that is not used in the growing, harvesting or processing of medical marijuana, including flowers, stems, trim, leaves, seeds, dead medical marijuana plants, dead immature medical marijuana plants, unused medical marijuana plant parts, unused immature medical marijuana plant parts or roots.

 (c)  Medical marijuana waste is unusable and unrecognizable if all components of the waste are indistinguishable and incapable of being ingested, inhaled, injected, swallowed or otherwise used for certified medical use. Acceptable methods of rendering the waste unusable and unrecognizable include thermal treatment or melting; shredding, grinding or tearing; and incorporating the medical marijuana waste with other municipal waste.

 (d)  Unusable and unrecognizable medical marijuana waste identified in subsection (b) and other solid or semi-solid medical marijuana waste that is not hazardous shall be disposed of at a permitted municipal waste landfill or processed at a permitted resource recovery facility or incinerator.

 (e)  Wastewater or spent hydroponic nutrient solution generated or produced from the growing, harvesting or processing of immature medical marijuana plants or medical marijuana plants shall be managed in accordance with one of the following:

   (1)  Discharged into a permitted sewage treatment system in accordance with local, Federal and State requirements, including The Clean Streams Law (35 P.S. § §  691.1—691.1001) and 25 Pa. Code Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance).

   (2)  Treated and discharged into waters of the Commonwealth under a National Pollutant Discharge Elimination System permit or water quality management permit in accordance with the requirements of The Clean Streams Law, including 25 Pa. Code Chapter 91 (relating to general provisions) and 25 Pa. Code Chapter 92a.

   (3)  Disposed in a municipal waste landfill if placed in a container that is less than 1 gallon in size.

 (f)  Hazardous waste shall be managed in accordance with Federal and State law, rules and regulations related to hazardous waste, including sections 3001—3024 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § §  6921—6939g), the Solid Waste Management Act (35 P.S. § §  6018.101—6018.1003) and regulations promulgated thereunder.

 (g)  The type of medical marijuana waste identified in subsection (b)(2) may be composted and beneficially used at the grower/processor facility through a permit-by-rule provided the requirements of 25 Pa. Code §  271.103(d)(1)—(3) and (5) (relating to permit-by-rule for municipal waste processing facilities other than for regulated medical or chemotherapeutic waste; qualifying facilities; general requirements) are satisfied, and the compost is beneficially used at the grower/processor facility as a soil substitute, soil conditioner, soil amendment, fertilizer or mulch. The notice required under 25 Pa. Code §  271.103(d)(5) shall be submitted to the Solid Waste Manager of the Department of Environmental Protection’s regional office having jurisdiction over the grower/processor facility within 15 days of initiating the composting activity.


   The temporary provisions of this §  1151.40 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 199; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385957) to (385958).

Cross References

   This section cited in 28 Pa. Code §  1141.37 (relating to denial of renewal of a permit); 28 Pa. Code §  1141.43 (relating to closure of a facility); 28 Pa. Code §  1151.31 (relating to storage requirements); 28 Pa. Code §  1161.33 (relating to storage requirements); 28 Pa. Code §  1171.29 (relating to testing requirements); and 28 Pa. Code §  1171.31 (relating to test results and reporting).

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