[27 Pa.B. 521]
[Continued from previous Web Page]
Subchapter C. GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
GENERAL § 287.102. Permit-by-rule.
(a) Purpose.
(1) This section sets forth classes of facilities that are subject to permit-by-rule. A facility will not be deemed to have a permit-by-rule if it causes or allows violations of the act, the regulations promulgated thereunder, the terms or conditions of a permit issued by the Department or causes a public nuisance. A facility that is subject to permit-by-rule under this section is not required to apply for a permit under this article or comply with the operating requirements of Chapters 288--297, if that facility operates in accordance with this section.
(2) A facility is not subject to permit-by-rule under this section unless it meets the following:
(i) The facility complies with Chapter 299 (relating to storage and transportation of residual waste), except as provided in subsections (b)(7) and (c)(3).
(ii) 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 the permits.
(3) A facility is not subject to permit-by-rule under this section unless the operator maintains the following at the facility in a readily accessible place:
(i) A copy of a Preparedness, Prevention and Contingency (PPC) plan that is consistent with the Department's most recent guidelines for the development and implementation of PPC plans.
* * * * * (b) Captive processing facility. A facility that processes residual waste that is generated solely by the operator shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following conditions are met:
(1) Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.
* * * * * (5) If the waste is burned, it meets the following:
(i) The waste is burned in an enclosed device using controlled flame combustion and is directed through a flue as defined in § 121.1 (relating to definitions).
* * * * * (6) If processing is part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law, one of the following applies:
* * * * * (ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards.
(7) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299 (relating to storage and transportation of residual waste), the following shall be met:
(i) A water quality monitoring plan that meets the requirements of §§ 289.261--289.268 (relating to water quality monitoring) shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of §§ 289.261--289.268 for storage impoundments included under this section as part of a captive facility on a case-by-case basis, based on conditions such as the size and location of the impoundment.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department's approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundment, the operator shall comply with one of the following:
(A) Within 6 months of the Department's determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department's determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment under Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) (relating to storage impoundments and storage facilities) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(8) 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.
(c) Wastewater treatment facility. A noncaptive processing facility, other than a transfer or composting facility, shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following apply:
* * * * * (2) Processing is solely part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law and one of the following apply:
* * * * * (ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards
* * * * * (3) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299, the following shall be met:
(i) A water quality monitoring plan that meets the requirements of §§ 289.261--289.268 shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of §§ 289.261--289.268 for storage impoundments included under this section as part of a wastewater treatment process on a case-by-case basis, based on conditions such as the size and location of the impoundments.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department's approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundments, the operator shall comply with one of the following:
(A) Within 6 months of the Department's determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department's determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment in accordance with Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(4) 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.
(d) Transfer facilities that collect used oil. A State inspection facility, oil retailer, retail service station or a captive processing facility that collects used oil generated only by the operator of the facility and by the employes of the operator who change their used oil in their vehicles which accepts used oil for recycling shall be deemed to have a residual waste transfer facility permit-by-rule under this article if the following are met:
(1) The facility is operated for the transfer of used oil only, and does not blend used oil with waste oil that is not used oil for offsite reuse.
* * * * * (6) 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.
(e) Incinerator. A residual waste incinerator located at the generation site shall be deemed to have a residual waste permit under this article if, in addition to the requirements of subsection (a), it processes waste that is generated solely by the operator, processing occurs at the same production facility where some or all of the waste is generated and it meets one of the following:
* * * * * (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.
* * * * * (g) Waste oil energy recovery. A facility that burns waste oil for energy recovery shall be deemed to have a residual waste processing permit if, in addition to subsection (a), the following conditions are met:
(1) The facility does not burn, or otherwise process, waste that is hazardous waste under Chapter 261 (relating to criteria, identification and listing of hazardous waste).
(2) The waste oil is burned in an enclosed device using controlled flame combustion and is directed through a flue as defined in § 121.1.
* * * * * (8) 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.
(9) The operator complies with the applicable requirements of Chapter 266, Subchapter E (relating to requirements for oil meeting specifications when burned for energy recovery permit-by-rule).
(h) Mechanical processing facility. A facility for the processing of residual waste only by mechanical or manual sizing or separation for prompt reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and 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 waste and the facility. A noncaptive processing facility that separates waste oil and water does not qualify for a permit-by-rule. A facility for the processing of waste tires may be deemed to have a residual waste permit by rule under this paragraph if the following are met in addition to the requirements in this subsection and in subsection (a):
(1) The mechanical or manual sizing or separation is conducted solely for the purpose of remediating an existing tire pile.
(2) The mechanical or manual sizing or separation is part of a remediation plan that has been approved by the Department.
(3) No additional tires are brought to the site.
(4) The processed tires are promptly removed for offsite reuse or disposal.
(i) Container processing facility. A facility that processes, by cleaning or rinsing, empty containers for refill and reuse shall be deemed to have a residual waste processing permit if the containers are reused for their originally intended purpose, the facility meets the requirements of subsection (a), any rinsate or containers not reused are managed in accordance with the applicable waste management regulations and the operator of the facility submits 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 waste and the facility.
(j) Empty drum reconditioning. A facility that processes, by cleaning or rinsing, empty drums for reconditioning and reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the phone number of the facility, the individual responsible for operating the facility and a description of the waste and the facility.
Subchapter F. CIVIL PENALTIES AND ENFORCEMENT
CIVIL PENALTIES § 287.413. Assessment of penalties; minimum penalties.
(a) This section sets forth minimum civil penalties for certain violations of the act and the regulations promulgated thereunder. The Department will assess a civil penalty under § 287.412 (relating to assessment of penalties; general) only if a civil penalty calculated under § 287.412 is greater in amount than the civil penalty calculated under this section.
(b) If a person or municipality operates a residual waste landfill or residual waste disposal impoundment 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 1/2 acre, or portion thereof. Intermediate acreages will be assessed at the next highest 1/2 acre. This subsection does not require the imposition of a civil penalty on persons or municipalities operating without a permit on July 4, 1992, if the persons or municipalities are in compliance with §§ 287.111 and 287.113 (relating to notice by impoundments and unpermitted processing or disposal facilities; and permitting procedure for unpermitted processing or disposal facilities).
(c) If a person or municipality applies residual waste to an area for which the person or municipality was not permitted to apply the residual waste, the Department will assess a minimum civil penalty of $500.
(d) 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, the regulations promulgated thereunder, the terms or conditions of a permit, or order of the Department, the Department will assess a minimum civil penalty of $1,000.
(e) If a person or municipality generating residual waste fails to provide notice to the Department as required by § 287.52 (relating to biennial report), the Department will assess a minimum civil penalty of $300.
(f) 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 entry and inspection, the Department will assess a minimum civil penalty of $1,000.
(g) If a violation is included as a basis for an administrative order requiring cessation of solid waste management operations, or for any other abatement order, and if the violation has not been abated within the abatement period set in the order, a minimum civil penalty of at least $1,000 shall be assessed for each day during which the failure continues. This subsection does not limit the Department's authority to assess an appropriate civil penalty for violations that formed the basis for issuing an order, and that occurred prior to the issuance of the order or prior to a date for compliance in the order.
Subchapter H. BENEFICIAL USE
SCOPE § 287.601. Scope.
(a) This subchapter sets forth requirements for the processing and beneficial use of residual waste, including coal ash, and sets forth requirements for certain beneficial uses of coal ash. Sections 287.611, 287.612, 287.621--287.625, 287.631, 287.632, 287.641--287.644, 287.651 and 287.652 establish procedures and standards for general permits for the beneficial use or processing of residual waste other than certain uses of coal ash, and §§ 287.661--287.666 (relating to beneficial use of coal ash) establish procedures and standards for certain beneficial uses of coal ash.
(b) An operation that is approved by or under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Chapter 287, Subchapters A--G and Chapters 288, 289, 291, 293, 295, 297 and 299 are applicable to the extent required in § 287.632 (relating to waiver and modification of requirements).
GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN USES OF COAL ASH--AUTHORIZATION AND LIMITATIONS § 287.611. Authorization for general permit.
(a) In accordance with §§ 287.612, 287.621--287.625, 287.631, 287.632, 287.641--287.644, 287.651 and 287.652 and this section, 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 residual waste when 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 character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.
(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. At a minimum, the 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.
(c) The Department may modify, suspend, revoke or reissue general permits or coverage under a general permit under this subchapter as it deems necessary to prevent harm or threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) 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 Article VIII (relating to municipal waste) or this article, whichever the Department determines appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportion of municipal and residual waste. The requirements in this subchapter that apply to residual waste also apply to municipal waste when municipal waste is mixed with residual waste.
(e) The Department will not issue a general permit for the following:
(1) A residual waste disposal impoundment.
(2) A residual waste landfill, a valley fill or other fill.
(3) The use of residual waste to fill open pits from coal or noncoal mining except for coal ash mixed with residual waste when the use does not present a safety hazard, will improve the overall quality of the area, is limited to the filling to natural contours of the land and does not present a threat to public health or the environment.
(4) The use of residual 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. A general permit may be issued for the beneficial use of waste as a construction material.
(5) The placement of waste oil or asbestos containing waste on roads in this Commonwealth.
(6) Surface land disposal activities.
(f) The Department may issue a general permit on a regional or Statewide basis for a category of processing when processing is necessary to prepare a residual waste for beneficial use, or for a category of beneficial use, or both, for coal ash mixed with other residual waste.
ISSUANCE OF GENERAL PERMITS § 287.621. 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 residual waste or for a category of processing of residual waste, where 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 type of residual waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of § 287.132 (relating to chemical analysis of waste) for a sufficient number of samples of residual waste in the waste type to accurately represent the range of physical and chemical characteristics of the waste type.
(2) A description of the proposed type of beneficial use or processing activity to be covered by the general permit.
(3) A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated.
(4) 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.
(5) 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 all 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 all 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 residual 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. 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 residual waste to be beneficially used meets, at a minimum, the requirements of § 288.623(a) (relating to minimum requirements for acceptable waste). The Department may waive the requirements of § 288.623(a) that relate to secondary MCLs for this demonstration. The Department may waive or modify this provision for the use of oil and gas brines for road stabilization.
(6) If residual wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste and the mixture shall meet appropriate standards for use.
(c) An application for the issuance of a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $2,000.
(d) The Department will not waive the bonding and public liability insurance requirements in Subchapter E (relating to bonding and insurance requirements) for waste tire operations, waste oil operations and contaminated soil operations, 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, if a location is known, under a general permit. Proof of this notice, including a copy of the notice and a certified or registered mail returned receipt, shall be submitted to the Department. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.
§ 287.622. Completeness review.
* * * * * (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).
§ 287.623. 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 shall include:
(1) A brief description of the category of waste and the category of beneficial use or processing of residual waste which is identified in the application.
(2) The Departmental 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). Failure by the Department to comply with this timetable will not be construed to constitute 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.
§ 287.625. Department initiated general permits.
(a) The Department may issue or modify a general permit for a category of beneficial use or processing of residual 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) shall include the following:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the proposed general permit.
(2) The standards in § 287.611(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.
(4) A brief description of the procedures for public comment on the general permit in accordance with this subchapter.
(5) The Departmental address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the proposed general permit.
(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.
(d) The Department may hold a public meeting or public hearing on the proposed general permit or proposed modifications to the general permit.
(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.
§ 287.626. Permit renewal.
(a) A person or municipality that plans to process or beneficially use residual waste after the expiration of the term set forth 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.
(b) A permit renewal may include all persons or municipalities that have applied for renewal within the time period provided in subsection (a). A person or municipality that does not meet the time period provided 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.
CONTENT OF GENERAL PERMITS AND WAIVERS § 287.631. Contents of general permits.
(a) Each general permit issued by the Department will include, at a minimum:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the general permit.
(2) The standards in § 287.611(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 specification of registration or determination of applicability requirements established in accordance with § 287.641 (relating to inclusion in a general permit) and the fee imposed on registrants or applicants for coverage under the general permit.
(4) A set of terms and conditions governing the beneficial use or processing of residual waste covered by the general permit as are necessary to assure compliance with the act, this article and the environmental protection acts, including provisions for the protection of groundwater. At a minimum, the conditions shall include:
(i) Limits on the physical and chemical properties of waste that may be beneficially used or processed. The permit shall also include a requirement that persons or municipalities who conduct activities authorized by the general permit shall immediately notify the Department, on forms provided by the Department, of a change in the physical or chemical properties of the residual waste, including leachability, or of a change in the information required by § 287.641(f).
(ii) A requirement that persons or municipalities who conduct activities authorized by the general permit shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the activities covered by the general permit will be, are being, or have been conducted to ensure compliance with the act, regulations promulgated under the act and a permit, license or order issued by the Department under the act.
(iii) A requirement that the activities authorized by the general permit will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, for beneficial use of residual waste, the 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.
(iv) An effective date and a fixed permit term which may not exceed 10 years from the effective date. If the Department renews a general permit, the term may not exceed the term of the original permit.
(v) A requirement that a person or municipality operating under the permit shall immediately notify the Department within the time stated in the permit and if no time is stated no later than 45 days, in writing, of any changes in the following:
(A) The company's name, address, owners, operators and responsible officials,.
(B) Land ownership of land at the permitted facility.
(C) The physical and chemical characteristics of the residual waste.
(D) The generators of the residual waste and the manufacturing process that generates the residual waste.
(E) The status of any permit issued to the permittee or any agent of the permittee engaged in activities under the permit by the Department or Federal government under the environmental protection acts.
(vi) A requirement that the activities conducted under the authorization of a general permit shall be conducted in accordance with the permittee's application. Except to the extent that a general permit states otherwise, the permittee shall operate as described within the permit application.
(5) A requirement that a person or municipality that registers for coverage under a general permit or applies to the Department for a determination of applicability under a general permit shall submit a copy of the registration or application to each municipality in which processing activities or the primary beneficial use activities will be located, prior to initiating operations. If additional locations are identified during the term of the permit that were not known at the time of a registration or application, including an application by the original applicant, written notice shall be provided to the municipalities. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.
(b) A general permit may include a requirement that persons or municipalities that conduct activities authorized by the general permit shall submit to the Department periodic reports, analyses of waste and other information to ensure that the quality of the waste to be beneficially used or processed does not change.
§ 287.632. Waiver and modification requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) The Department may waive or modify any application and operating requirements in this article, except the Department will not waive or modify Subchapter A, §§ 287.124, 287.125 and 287.128, Subchapter E in accordance with § 287.621(d) or Subchapter F.
REGISTRATION AND DETERMINATION OF APPLICABILITY § 287.641. Inclusion in a general permit.
(a) A person or municipality is authorized to operate under a general permit if one of the following occurs:
(1) The applicable general permit requires persons or municipalities to register with the Department prior to operating under the general permit, and the person or municipality has registered in accordance with the terms of the general permit.
(2) The applicable general permit requires persons or municipalities to apply for and obtain a determination of applicability from the Department prior to operating under the general permit, and the Department has made this determination.
(b) Except as provided in subsections (c) and (d), as a condition of each general permit, the Department will require persons or municipalities who intend to operate under the general permit to register with the Department within a specified time period prior to conducting the activity authorized by the general permit.
(c) For beneficial use general permits where the residual waste is to be used as a construction material, antiskid material or otherwise placed directly onto the land, as a condition of the general permit, the Department will require persons or municipalities who intend to operate under the general permit to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The Department may require persons or municipalities that intend to operate under a general permit for land application either to apply for and obtain a determination of applicability or register with the Department.
(d) The Department may impose the determination of applicability condition described in subsection (c) on general permits for beneficial use or processing activities other than those described in that subsection if the Department determines that the condition is necessary to prevent harm or a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(e) Registration or application requirements and time limits, if any, shall be set forth in the general permit governing each category of beneficial use or processing of residual waste.
(f) At a minimum, the registration or application shall include:
(1) The name and address of the person or municipality conducting the activity covered by the general permit.
(2) A description of each waste which will be beneficially used or processed in accordance with the general permit.
(3) A description of the proposed method of processing or beneficial use of the waste.
(4) If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with § 287.132 (relating to chemical analysis of waste).
(5) For beneficial use general permits for which an evaluation was submitted under § 287.621(b)(5)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that subsection if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.
(6) The name or number of the general permit being utilized for the activity.
(7) A demonstration that the activities which the person or municipality intends to conduct are authorized by the general permit.
(8) A signed and notarized statement by the person or municipality conducting the activity authorized by the general permit, on a form prepared by the Department, which states that the person or municipality agrees to accept the conditions imposed by the general permit for beneficial use or processing of residual waste under the general permit.
(g) A person or municipality that registers for coverage under a general permit, or applies to the Department for a determination of applicability of a general permit, shall submit a copy of the registration or application to the host municipality and the appropriate county, county planning agency and county health department, if one exists, at the same time that the person or municipality files the registration or application with the Department. The host municipality and host county shall be determined by the location of the person's or municipality's primary or first beneficial use or processing operation under the general permit.
§ 287.642. Determination of applicability.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The requirements in this section are in addition to the applicable requirements of § 287.641 (relating to inclusion in a general permit).
(b) An application for a determination of applicability shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $500.
(c) The Department will provide notice in the Pennsylvania Bulletin of each application for a determination of applicability for a general permit which the Department has determined to be administratively complete. For applications for determinations of applicability for a general permit for construction materials, the notice shall indicate that interested persons or municipalities may submit comments to the Department within 60 days recommending revisions to, and approval or disapproval of the application, unless the 60-day notice requirement is waived by the Department. The Department may hold a public meeting or public hearing on an application for determination of applicability for a general permit for construction materials.
* * * * * (g) The Department may amend, suspend or revoke coverage under a general permit if a person or municipality authorized to conduct solid waste activities under a general permit is not in compliance with the permit conditions or for one or more of the reasons in subsection (e).
§ 287.643. Registration.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to register with the Department prior to operating under the general permit. The requirements of this section are in addition to the applicable requirements of § 287.641 (relating to inclusion in a general permit).
(b) A registration to operate under a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $250.
(c) The Department will provide notice in the Pennsylvania Bulletin of each registration for coverage under a general permit.
(d) Persons or municipalities may operate under a general permit upon registering with the Department in accordance with § 287.641 and the terms of the general permit.
(e) The Department may amend, suspend or revoke coverage under a general permit if the waste or activity is not covered by the terms and conditions of the general permit.
(f) A person or municipality operating under a registration has the burden of proving, by clear and convincing evidence, that the waste and activity are consistent with the general permit.
§ 287.644. (Reserved).
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