[27 Pa.B. 521]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH
AND SAFETY
ARTICLE VIII. MUNICIPAL WASTE
CHAPTER 271. MUNICIPAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 271.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Beneficial use--Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, where the use does not harm or threaten public health, safety, welfare or the environment.
* * * * * Construction material--The engineered use of municipal waste as a substitute for a raw material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of municipal waste as a road bed material, for pipe bedding and in similar operations. The term does not include valley fills, the use of municipal waste to fill open pits from coal or other fills or the use of municipal waste solely to level an area or bring the area to grade when a construction activity is not completed promptly after the placement of the solid waste.
* * * * * General permit--Except as provided in Subchapter J (relating to beneficial use of sewage sludge by land application), a regional or Statewide permit issued by the Department for a specified category of beneficial use or processing of solid waste, the terms and conditions of which allow an original applicant, a registrant and a person or municipality that obtains a determination of applicability, to operate under the permit if the terms and conditions of the permit and certain requirements of this article are met.
Generator--A person or municipality that produces or creates a municipal waste.
* * * * * Intermittent stream--A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Land application--Agricultural utilization or land reclamation of solid waste. The term does not include the disposal of solid waste in a landfill or disposal impoundment.
* * * * * NPDES--National Pollutant Discharge Elimination System.
* * * * * PCB containing waste--Solid waste containing PCBs in the following concentrations:
(i) More than 4 parts per million, but less than 50 parts per million.
* * * * * Perennial stream--A body of water flowing in a channel or bed composed of substrates associated with flowing waters and capable, in the absence of pollution or other manmade disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Permit--A permit issued by the Department to operate a municipal waste disposal or processing facility, or to beneficially use municipal waste. The term includes a general permit, permit by rule, permit modification, permit reissuance and permit renewal.
* * * * * Permit-by-rule--A permit which a person or municipality is deemed to have for the operation of a facility or an activity upon compliance with § 271.102 or § 271.103 (relating to permit-by-rule for infectious or chemotherapeutic waste processing facilities; qualifying facilities; general requirements; and permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements).
* * * * * Related party--A person or municipality engaged in solid waste management that has a financial relationship to a permit applicant or operator. The term includes a partner, associate, officer, parent corporation, subsidiary corporation, contractor, subcontractor, agent or principal shareholder of another person or municipality, or a person or municipality that owns land on which another person or municipality operates a municipal waste processing or disposal facility.
* * * * * Residential septage--Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.
* * * * * Seasonal high water table--The minimum depth from the soil surface at which redoximorphic features are present in the soil.
Sewage sludge--Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system, or grit, screenings and nonorganic objects from septic and holding tank pumpings.
* * * * * Soil additive or soil substitute--Municipal waste which is beneficially used at specified loading or application rates, to replace soil that was previously available at the site, to enhance soil properties or to enhance plant growth. The term does not include structural fills, construction material, valley fills or the use of municipal waste to fill open pits from coal or noncoal mining or the disposal of coal ash.
* * * * * Storage--The containment of any waste on a temporary basis in such a manner as not to constitute disposal of the waste. It shall be presumed that the containment of waste in excess of 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
* * * * * Transfer facility--A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of the waste materials for offsite reuse. The term does not include a collecting or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
* * * * * Waste--A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source separated recyclable materials, material approved by the Department for beneficial use under a beneficial use order issued by the Department prior to May 27, 1997, or material which is beneficially used in accordance with a general permit issued under Subchapter I (relating to beneficial use) or Subchapter J if a term or condition of the general permit excludes the material from being regulated as a waste.
* * * * *
Subchapter B. GENERAL REQUIREMENTS
FOR PERMITS
REQUIREMENT § 271.101. Permit requirement.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a municipal waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the facility from the Department under the requirements of this article.
(b) A person or municipality is not required to obtain a permit:
(1) For the use or application of agricultural waste in normal farming operations, unless the proposed use or application of the waste may cause pollution to air, water or other natural resources of this Commonwealth.
(2) For a source separation and collection program for recycling municipal waste, or for dropoff points, or collection or processing centers for source separated recyclable materials.
(3) For the use as clean fill of the following materials if they are separate from other waste:
(i) Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(c) Subsection (b) does not relieve a person or municipality of the requirements of an applicable environmental protection act or an applicable regulation promulgated under it.
§ 271.102. Permit-by-rule for infectious or chemotherapeutic waste processing facilities; qualifying facilities; general requirements.
* * * * * § 271.103. Permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements.
(a) Purpose. Facilities and activities described in this section shall be deemed to have a municipal waste permit by rule if the following general requirements are met:
(1) The facility or activity complies with Chapter 285 (relating to storage, collection and transportation of municipal waste).
(2) The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of permits.
(3) A copy of a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department's guidelines for the development and implementation of environmental emergency response plans is retained onsite and available to the Department upon request.
(4) Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility and waste handling problems or emergencies are retained onsite and available to the Department upon request.
(b) Financial assurances. Subchapter D (relating to financial assurances requirements) is not applicable to facilities which are deemed to have a permit under this section.
(c) Inappropriate activity. The Department may require a person or municipality deemed to have a permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(d) Captive processing facility. A facility that processes municipal waste that is generated solely by the operator, onsite or offsite, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)--(c), the following conditions are met:
(1) Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.
(2) The processing does not have an adverse effect on public health, safety, welfare or the environment.
(3) The processing occurs at the production facility at which some or all of the waste is generated.
(4) The operator performs the analyses required by § 271.611 (relating to chemical analysis of waste), unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.
(e) Septage treatment facility. A processing facility, other than a transfer or composting facility, that treats residential septage, either exclusively or mixed with nonresidential septage, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)--(c), the facility complies with the following:
(1) The operator performs the analyses required by § 271.611, unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.
(2) The processing is included as part of a wastewater treatment process permitted by the Department under The Clean Streams Law (35 P. S. §§ 691.1--691.1001), or as part of a permit issued under the act, or the discharge resulting from the processing activity is connected to a public sewer in compliance with the local sewer authority's requirements, and one of the following applies:
(i) The facility discharges into waters of this Commonwealth under a Part II NPDES permit or a water quality management permit and is in compliance with the permit.
(ii) The facility discharges into a permitted wastewater treatment plant and is in compliance with the permit.
(3) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(f) Incinerator. A municipal waste incinerator located at the generation site shall be deemed to have a municipal waste permit under this article if, in addition to the requirements of subsections (a)--(c), the facility meets one of the following:
(1) The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and the regulations promulgated thereunder.
(2) The facility has a capacity of less than 500 pounds or 227 kilograms per hour and is permitted under the Air Pollution Control Act.
(g) Mechanical processing facility. A facility for the processing of uncontaminated rock, stone, gravel, brick, block and concrete from construction/demolition activities, individually or in combination, by mechanical or manual sizing or by mechanical or manual separation for prompt reuse shall be deemed to have a municipal waste processing permit-by-rule if it meets the requirements of subsections (a)--(c) and submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. The facility shall be onsite or process less than 50 tons or 45 metric tons per day, and may not operate in violation of any State, county or municipal waste management plan.
(h) Yard waste composting facility. A person or municipality that operates a yard waste composting facility that is less than 5 acres, other than an individual backyard composting facility, shall be deemed to have a municipal waste processing permit-by-rule if the person or municipality meets the requirements of subsections (a)--(c), and the facility is operated in accordance with the Department's guidelines on yard waste composting.
GENERAL APPLICATION REQUIREMENTS § 271.123. Right of entry.
(a) An application shall contain a description of the documents upon which the applicant bases the legal right to enter and operate a municipal waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.
(b) The application shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the applicant by the current landowner to operate a municipal waste processing or disposal facility.
(2) A copy of the document of conveyance that expressly grants or reserves the applicant the right to operate a municipal waste processing or disposal facility and an abstract of title relating the documents to the current landowner.
(c) An application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.
(d) The forms required by subsection (c) shall be deemed to be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 275 (relating to land application of sewage sludge) nor to permits issued under Subchapter J (relating to general permits--beneficial use of sewage sludge by land application).
Subchapter C. PERMIT REVIEW
PROCEDURES AND STANDARDS
OTHER PERMITTING PROVISIONS § 271.232. (Reserved).
Subchapter E. CIVIL PENALTIES
AND ENFORCEMENT
CIVIL PENALTIES § 271.413. Assessment of penalties--minimum penalties.
(a) This section sets forth minimum civil penalties for certain violations of the act and regulations thereunder. The Department will assess a civil penalty under § 271.412 (relating to assessment of penalties--general) only if a civil penalty calculated under § 271.412 is greater in amount than the civil penalty calculated under this section.
(b) If a person or municipality operates a permitted municipal waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $5,000 per half acre, or portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(c) If a person or municipality operates a construction/demolition waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $500 per half acre, or a portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(d) If a person or municipality applies sewage sludge to an area for which the person or municipality was not permitted to apply the sludge, the Department will assess a minimum civil penalty of $1,000 per acre.
(e) If a person or municipality applies sewage sludge under a permit, and the sewage sludge does not meet the physical, chemical or biological quality specified in the permit, the Department may assess a minimum civil penalty of $1,000 per occurrence.
(f) If a person or municipality transporting residential septage fails to submit the notice to the Department required by § 285.225 (relating to transportation of residential septage), the Department may assess a minimum civil penalty of $500 for the first offense and a minimum civil penalty of $1,000 for each subsequent offense.
(g) If a person or municipality fails to provide notification on a timely basis of an incident for which a reporting requirement exists in the act, regulations thereunder, the terms or conditions of a permit or order of the Department, the Department will assess a minimum civil penalty of $1,000.
(h) If a person or municipality refuses, hinders, obstructs, delays or threatens an agent or employe of the Department in the course of performance of a duty under the act, including, but not limited to, entry and inspection under any circumstances, the Department will assess a minimum civil penalty of $2,000.
(i) If a person or municipality is applying sewage sludge and has not complied with the training requirements in § 271.915(j) (relating to management practices), the Department may assess a minimum civil penalty of $1,000.
Subchapter G. RESIDUAL WASTE; SPECIAL HANDLING WASTE; BENEFICIAL USE OF MUNICIPAL WASTE
GENERAL PROVISIONS § 271.601. Scope.
(a) This subchapter applies to municipal waste processing or disposal facilities that apply to receive residual waste for processing or disposal. Section 271.611 (relating to chemical analysis of waste) also applies to an application for a general permit for the beneficial use or processing of municipal waste under Subchapter I (relating to beneficial use). This subchapter does not apply to:
(1) Transfer facilities except as otherwise required in writing by the Department.
(2) The disposal at permitted municipal waste landfills of residual waste from a person or municipality that generates a total quantity of 2,200 pounds or less of residual waste per generating location in each month, if the application demonstrates to the Department's satisfaction that the waste is not hazardous.
(3) The disposal at permitted municipal waste landfills of an individual type of residual waste from a person or municipality that generates a total of 2,200 pounds or less of that type of residual waste per generating location in each month, if approved by the Department in writing.
(b) The requirements of this subchapter are in addition to the application and operating requirements in this article.
(c) The Department may require analyses under this subchapter for special handling waste other than sewage sludge, infectious waste, chemotherapeutic waste and ash residue from a resource recovery facility.
ADDITIONAL APPLICATION REQUIREMENTS § 271.611. Chemical analysis of waste.
(a) Application form.
(1) Except as provided in subsection (f), an application for the processing or disposal of residual waste or special handling waste, an application for a general permit for the beneficial use or processing of municipal waste under Subchapter I (relating to beneficial use), or an application or registration under § 271.831 (relating to contents of general permits) for inclusion in a general permit issued under Subchapter I, shall contain the following information for each waste on a form provided by the Department:
(i) The name and location of the generator of the waste.
(ii) A detailed analysis that fully characterizes the physical properties and chemical composition of the waste. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.
(iii) An evaluation of the ability of the waste and the constituents in the waste to leach into the environment.
(iv) A determination of whether the waste is hazardous under Chapter 261, Subchapters A--D.
(2) More than one type of waste from a single generator may be included on a single application, if the information required by this section is separately included for each type of waste.
(3) The analysis required by this subsection shall include a waste sampling plan, including quality assurance and quality control procedures. The plan shall ensure an accurate and representative sampling of the waste.
(4) The Department may, in writing, waive or modify the evaluation required by this subsection for waste to be disposed at lined disposal facilities if the following conditions are met:
(i) The applicant has submitted a description of the process by which the waste was generated, a physical description of the waste and a certification that the waste is not hazardous.
(ii) The waste has the same characteristics as municipal waste that does not contain hazardous waste.
(iii) The applicant has demonstrated to the Department's satisfaction that additional analysis is not necessary to determine that waste can be disposed of at the facility without adversely affecting the effectiveness of the liner or leachate treatment systems.
(b) Waste generation. Except as provided in subsection (e), an application for the processing or disposal of residual waste or special handling waste shall also include a description of the waste generation process, including a description of the raw materials used in the process, the primary chemical reactions which occur during the process, the sequence of events which occur during the process, the points of waste generation in the process and the manner in which each of the wastes is managed subsequent to its generation. A schematic drawing of the process shall be included.
(c) Methodologies. The analytical methodologies used to meet the requirements of subsection (a) shall be those in the most recent edition of the EPA's ''Test Methods for Evaluating Solid Waste'' (SW-846), ''Methods for Chemical Analysis of Water and Wastes'' (EPA 600/4-79-020), ''Standard Methods for Examination of Water and Wastewater,'' prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation or a comparable method subsequently approved by the EPA or the Department.
(d) Quality control. The person taking the samples and the laboratory performing the analysis required by subsection (a) shall employ the quality assurance/quality control procedures described in the EPA's ''Handbook for Analytical Quality Control in Water and Wastewater Laboratories'' (EPA 600/4-79-019) or ''Test Methods for Evaluating Solid Waste'' (SW-846). The laboratory's quality control procedures, as well as the documentation of the use of those procedures, shall be included in the application unless waived by the Department.
(e) Generator information. An applicant may submit information received from a person or municipality under § 287.54 (relating to chemical analysis of waste) to meet the corresponding requirements of this section.
(f) Waiver. The Department may, in writing, waive the requirements of this section for special handling waste, waive or modify the requirements of this section for general permits issued under Subchapter I, and waive or modify the chemical analysis requirements under § 271.103 (relating to permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements).
Subchapter I. BENEIFICAL USE
SCOPE Sec.
271.801. Scope
GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE AUTHORIZATION AND LIMITATIONS 271.811. Authorization for general permit.
271.812. Nature of a general permit.
ISSUANCE OF GENERAL PERMITS 271.812. Application for general permit.
271.822. Completeness review.
271.823. Public notice and review period.
271.824. Approval or denial of an application.
271.825. Department initiated general permits.
271.826. Permit renewal.
CONTENT OF GENERAL PERMITS AND WAIVERS 271.831. Contents of general permits.
271.832. Waiver and modification of requirements.
REGISTRATION AND DETERMINATION OF APPLICABILITY 271.841. Inclusion in a general permit.
271.842. Determination of applicability.
271.843. Registration.
COMPLIANCE 271.851. Investigations and corrective action.
271.852. Compliance with permit conditions, regulations and laws.
SCOPE § 271.801. Scope.
(a) This subchapter sets forth requirements for general permits for the processing and beneficial use of municipal waste, except as follows:
(1) This subchapter does not set forth requirements for general permits for the processing or beneficial use of infectious or chemotherapeutic waste.
(2) This subchapter does not set forth requirements for general permits for the beneficial use of sewage sludge by land application. A general permit for the beneficial use of sewage sludge will be issued only under Subchapter J (relating to beneficial use of sewage sludge by land application).
(b) An operation that is approved under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Chapter 271, Subchapters A--G, and Chapters 273, 277, 279, 281, 283 and 285 are applicable to the extent required in § 271.832 (relating to waiver and modification of requirements).
GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE AUTHORIZATION AND LIMITATIONS § 271.811. Authorization for general permit.
(a) Under §§ 271.812 and 271.821--271.825, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of municipal waste, if the following are met:
(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical properties and chemical characteristics.
(2) The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.
(3) The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. The Department will not issue a general permit if the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product presents a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(b) The Department may issue a general permit upon its own motion under § 271.825 (relating to Department initiated general permits) or upon an application from a person or municipality under §§ 271.821--271.824.
(c) The Department may modify, suspend, revoke, issue or reissue a general permit or coverage under a general permit under this subchapter as it deems necessary to prevent harm or the threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) The Department may modify, suspend, revoke, issue or reissue a general permit or coverage under a general permit under this subchapter as it deems necessary to prevent violation of or interference with the laws or solid waste management plans of any state, county or municipality.
(e) The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under this article or Article IX (relating to residual waste management), whichever the Department determines is appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportions of municipal and residual wastes.
(f) The requirements in this subchapter that apply to municipal waste also apply to residual waste when residual waste is mixed with municipal waste.
(g) The Department will not issue a general permit under this subchapter for the following:
(1) A municipal waste landfill, the use of municipal waste to fill open pits from coal or noncoal mining, or the use of municipal waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste.
(2) A facility or activity which should be covered under the individual permitting process required in this article because of its size and potential to affect the environment adversely or because of its relationship to municipal waste management plans.
(3) The processing or beneficial use of infectious or chemotherapeutic waste.
(4) The beneficial use of sewage sludge by land application.
§ 271.812. Nature of a general permit.
(a) When the Department issues a general permit for a specified category of beneficial use or processing of municipal waste on either a regional or Statewide basis, persons or municipalities may beneficially use or process municipal waste in accordance with the terms and conditions of the general permit and this subchapter without filing an individual application for, and first obtaining, an individual permit, if the persons or municipalities comply with this section and this subchapter.
(b) The use of an applicable general permit for the beneficial use or processing of municipal waste satisfies the permit requirements in § 271.101(a) (relating to permit requirement) if the following are met:
(1) The beneficial use or processing activities are conducted in accordance with the terms and conditions of the applicable general permit.
(2) The person or municipality conducting the beneficial use or processing activities is the permittee identified in the general permit or is otherwise authorized to operate under the applicable general permit in accordance with § 271.841 (relating to inclusion in a general permit).
(c) Notwithstanding subsections (a) and (b), the Department may require a person or municipality operating under a general permit to apply for, and obtain, an individual permit when the person or municipality is not in compliance with the conditions of the general permit or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
ISSUANCE OF GENERAL PERMITS § 271.821. Application for general permit.
(a) A person or municipality may apply to the Department for the issuance of a general permit for a category of beneficial use of municipal waste or for a category of processing of municipal waste when processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a general permit shall be submitted on a form prepared by the Department and shall contain the following:
(1) A description of the municipal waste to be covered by the general permit, including the physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of § 271.611 (relating to chemical analysis of waste) for a sufficient number of samples of the waste to represent accurately the range of physical properties and chemical characteristics of the municipal waste.
(2) A description of the proposed type of beneficial use or processing activity to be covered by the general permit.
(3) For beneficial use general permits, proposed concentration limits for contaminants in the waste which is to be beneficially used, and a rationale for those limits.
(4) For general permits that involve beneficial use of a processed or unprocessed waste, a detailed demonstration of the efficacy of the waste for the proposed beneficial use, which shall include:
(i) If the waste is to be used as a substitute for a commercial product, a demonstration that the waste is capable of performing the desired functions of the commercial product, and that the waste meets or exceeds applicable ASTM, Department of Transportation or other applicable National, State, local or industry standards or specifications for the material for which the waste is being substituted.
(ii) If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds applicable ASTM, Department of Transportation or other applicable National, State, local or industry standards or specifications for the material for which the waste is being substituted.
(iii) If the waste is to be used in general roadway application or highway construction, a demonstration that approval has been granted by the Department of Transportation Product Evaluation Board, if applicable, for the use of the waste for the intended application.
(iv) If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the municipal waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. This requirement does not apply to general permits for the land application of sewage sludge. The Department may waive or modify this requirement in writing.
(v) If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the leaching analysis of the municipal waste to be beneficially used is no greater than 25 times the primary maximum contaminant level (MCL) for metals and other cations and the primary MCL for contaminants other than metals and cations.
(c) An application for the issuance of a general permit under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $1,000.
(d) The Department may not waive bonding and insurance requirements in Subchapter D (relating to financial assurances requirements) for composting facilities, construction/demolition waste processing facilities, facilities that process municipal waste to produce refuse derived fuel and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.
(e) An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate under a general permit, if a location is known. Proof of this notice, including a copy of the notice and a certified or registered mail returned receipt, shall be submitted to the Department.
§ 271.822. Completeness review.
(a) After receipt of an application for the issuance of a general permit, or an application for a determination of applicability under § 271.842 (relating to determination of applicability), the Department will determine whether the application is administratively complete. For purposes of this subchapter, an application is administratively complete if it contains the necessary analyses, fees, documents and information, regardless of whether the analyses, fees, documents and information would be sufficient for the issuance of the permit, or the determination of applicability.
(b) If the application is not administratively complete, the Department will, within 30 days of receipt of the application, return it to the applicant, along with a written statement of the specific analyses, fees, documents or other information that is required to make the application administratively complete.
(c) The Department will deny the incomplete application if the applicant fails to provide the analyses, fees, documents or information within 90 days of receipt of the notice in subsection (b).
§ 271.823. Public notice and review period.
(a) The Department will publish notice of receipt of an application for a general permit in the Pennsylvania Bulletin when the Department determines that the application is administratively complete.
(b) The notice will include:
(1) A brief description of the category of waste and the category of beneficial use or processing of municipal waste which is identified in the application.
(2) The Department address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the application for the general permit.
(3) A brief description of the procedures for public comment on the general permit application in accordance with this subchapter.
(4) A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice, and may recommend conditions upon, revisions to, approval or disapproval of the general permit application.
(c) The Department may hold a public meeting or public hearing on the application for a general permit.
(d) The Department will approve or deny an application for a general permit within 6 months from the last day of the comment period established in subsection (b)(4). Failure by the Department to comply with this timetable will not result in grounds for issuance of a general permit.
(e) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.
§ 271.824. Approval or denial of an application.
The Department will not issue a general permit for a category of beneficial use or processing of municipal waste unless the applicant has affirmatively demonstrated the following:
(1) The application for the general permit is accurate and complete and the requirements of §§ 271.811, 271.812, 271.821--271.826, 271.831, 271.832, 271.841--271.843, 271.851 and 271.852 have been complied with.
(2) The proposed beneficial use or processing activities will be conducted in a manner that will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth through exposure to constituents of the waste during or after the proposed beneficial use or processing activities. Use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(3) For beneficial use general permits, the physical character and chemical composition of the municipal waste which is proposed to be covered by the general permit contributes to the proposed beneficial use, and the physical character and chemical composition of the municipal waste does not interfere with the proposed beneficial use.
§ 271.825. Department initiated general permits.
(a) The Department may issue or modify a general permit for a category of beneficial use or processing of municipal waste upon its own motion in accordance with this section.
(b) At least 60 days prior to the issuance or modification of a general permit under this section, the Department will publish a notice in the Pennsylvania Bulletin of intent to issue or modify a general permit under this section.
(c) The notice required by subsection (b) will include the following:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of municipal waste eligible for coverage under the proposed general permit or affected by the modification.
(2) The standards in § 271.811(a) (relating to authorization for general permit), and a brief description of the reasons for the Department's determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.
(3) A brief description of the terms and conditions of the proposed general permit or modification.
(4) A brief description of the procedures for public comment on the general permit or modification in accordance with this subchapter.
(5) The Department address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the proposed general permit or modification.
(6) A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice and may recommend conditions upon, revisions to and approval or disapproval of the proposed general permit or modification.
(d) The Department may hold a public meeting or public hearing on the proposed general permit or proposed modification.
(e) Upon issuance or modification of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the new or modified general permit.
§ 271.826. Permit renewal.
(a) A person or municipality that plans to process or beneficially use municipal waste after the expiration of the term in the general permit shall file a complete application for permit renewal on forms provided by the Department at least 180 days before the expiration date of the permit. A permit renewal shall authorize persons or municipalities that have applied for renewal within the time period provided in this subsection to operate under the renewal permit.
(b) A person or municipality that does not file an application for permit renewal within the time period in subsection (a) shall be required either to register or obtain a determination of applicability, whichever is applicable, under a renewed general permit.
(c) A general permit renewal shall be for a period of time not to exceed the length of the term of the original permit.
(d) An application for permit renewal shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $300.
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