[27 Pa.B. 6190]
[Continued from previous Web Page] Chemical analysis--§ 287.54 (relating to chemical analysis of waste)
Two commentators requested that the requirement to prepare and submit an annual Chemical Analysis of Residual Waste Report by the Generator under § 287.54 be eliminated. The Board made no change to this section because the section already provides the generator with an opportunity to certify that the physical and chemical properties of its waste stream have not changed over the previous year in lieu of performing an annual analysis. The requirement for a basic chemical analysis report or the certification that there has been no change is necessary for the generator, the solid waste facility accepting the generator's waste and the Department to determine the appropriate options for waste disposal, reuse and source reduction.
One commentator noted that § 287.54(b)(2) requires that a generator submit the volume of each waste stream sent to each facility annually, and that during the Biennial Report year this results in two reports that supply the same information. The Board declined to make a change because the two reports have different uses. The Biennial Report provides statistical data which is compiled by the Department and is available for use by industry and the Department to make management decisions, while the annual report is used by the Department's regional staff for compliance purposes. Information relating to the volume required under the chemical analysis report can be easily inserted into the Biennial Report, but both reports must be submitted.
Small quantity generators--§ 287.55 (relating to small quantity generator recordkeeping requirements)
The Board received two comments suggesting that the ''an average of'' language in § 287.51 be repeated in § 287.55. The Board made this amendment to § 287.55 to parallel § 287.51.
Chapter 288 (relating to residual waste landfills)
Daily records--§ 288.281 (relating to daily operational records)
The Board received one comment suggesting that keeping a daily record is onerous for a captive landfill that receives waste generated only by the owner's operations. The Board has revised § 288.281 to provide the option of preparing a monthly operations log for captive facilities for each month in which residual waste is received, processed or disposed, and each month that construction, monitoring or postclosure activity occurs.
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 288.281 to indicate that the longer retention period will be required for daily records or monthly logs for residual waste landfills if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Annual operation report--§ 288.283 (relating to annual operation report)
One commentator requested that § 288.283 be revised to allow an exemption from reporting for residual waste captive landfills that did not accept waste for a calendar year. The Board declined to revise the regulation because under the existing regulations an operator may indicate which information, such as weight or volume, does not apply for a given year. The reporting requirements include information beyond waste volumes that make the reports important even when a landfill has not accepted waste.
Chapter 289 (relating to residual waste disposal impoundments)
Daily records--§ 289.301 (relating to daily operational records)
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 289.301 to indicate that the longer retention period will be required for residual waste disposal impoundments if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Chapter 291 (relating to land application of residual waste)
Daily records--§ 291.221 (relating to daily operational records)
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 291.221 to indicate that the longer retention period will be required for the land application of residual waste if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Chapter 293 (relating to transfer facilities for residual waste)
Daily records--§ 293.251 (relating to daily operational records)
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 293.251 to indicate that the longer retention period will be required for residual waste transfer facilities if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Chapter 295 (relating to composting facilities for residual waste)
Daily records--§ 295.271 (relating to daily operational records)
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 295.271 to indicate that the longer retention period will be required for residual waste composting facilities if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Chapter 297 (relating to incinerators and other processing facilities)
Daily records--§ 297.261 (relating to daily operational records)
In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 297.261 to indicate that the longer retention period will be required for residual waste incinerators and other processing facilities covered by the subchapter if the Department determines it to be necessary to meet the standards of the environmental protection acts.
Chapter 299 (relating to storage and transportation of residual waste)
Residual waste transporter records and reports--§ 299.219 (relating to recordkeeping and reporting)
One commentator stated that § 299.219 should require that daily records of residual waste transporters be retained for a minimum of 5 years, in light of section 704 of the Municipal Waste Planning, Recycling and Waste Reduction Act. While section 704 is not applicable to waste transporters, the Board amended the section to include the 5 year minimum in order to be consistent with the requirements for municipal waste transporters in § 285.217. Under the final regulations, a person or municipality that collects or transports residual waste must keep a record in the cab of the vehicle on the date of collection or transportation. The record must be retained for 5 years. To achieve consistency with the municipal waste requirements, the residual waste record now requires identification of the solid waste processing or disposal facility where the waste will ultimately be disposed or processed, and identification of the person or municipality collecting or transporting the waste. As in the proposed amendments, the annual report is eliminated.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost-benefit analysis of the final regulations.
Benefits
Reporting Requirements--The regulated community will benefit since the amount of information reported and the frequency will lessen--approximately 2,500 facilities completing 185,508 fewer pages of reports per year. The Department will benefit since only information maintained and submitted will be what is needed to administer the waste programs.
Plan Revisions--The counties, municipalities, waste facilities and the general public will benefit since the shorter plan revision process will allow counties to take advantage of competitive pricing in the waste management industry.
Compliance Costs
Reporting Requirements--The number of persons, groups or entities required to comply will not change from those currently regulated. There will be a significant reduction in the efforts required to comply. Cost savings to the regulated community are estimated to be nearly $400,000 per year. The amendments eliminate 15 forms formerly required of approximately 2,326 facilities.
Plan Revisions--All 67 Pennsylvania counties are required to prepare a county municipal waste management plan. Only those who will be revising their plan to add or delete a waste management facility will need to comply with the final regulations. Since plan revisions are initiated by the county, it is not possible to estimate how many will be affected at any given time. Counties will realize a time saving in revising their plans which should translate into a cost savings because of fewer meetings and notices.
Compliance Assistance Plan
Reporting Requirements--Because these revisions do not require any new reports, no specific hearings or meetings were scheduled. To assist the public in its review of this proposal, the Department prepared ''mock-ups'' of what the various report forms would look like. The draft forms were available through the contact persons listed in the Preamble, Section B or could be viewed on the Department's World Wide Web site (http://www.dep.state.pa.us). The final forms are likewise available. No financial assistance was needed or offered.
Plan Revisions--The Department will conduct Statewide training on county municipal waste planning. Plan revision is an eligible expense under the Act 101, section 901 planning grant program. Counties are encouraged to consider submission of a grant application to cover plan revision expenses.
Entire Package--The Department intends to provide educational, technical and compliance assistance directly to interested parties through the regional offices, articles in its weekly Update newsletter, distribution of information through trade associations, and electronically by having all the report forms available on the Department's World Wide Web site.
Paperwork Requirements
Reporting Requirements--These amendments eliminate duplicate data submission and reduce unnecessary or duplicative recordkeeping requirements for the regulated community while maintaining environmental protection and public access to information. No additional forms or paperwork will be needed.
Plan Revisions--These amendments will allow counties to add or delete a waste management facility to or from their county municipal waste management plan as a nonsubstantial plan revision. No additional forms or paperwork will be needed.
G. Sunset Review
These amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 4, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC and the public. These comments are addressed in the comment and response document and Section E of this Preamble.
These final-form regulations were deemed approved by the House and Senate Environmental Resources and Energy Committee on October 14, 1997. IRRC met on October 23, 1997, and approved the final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These amendments do not enlarge the purpose of the proposal published at 27 Pa.B. 893 (February 15, 1997).
(4) These amendments are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
J. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department of Environmental Protection, 25 Pa. Code Chapters 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 and 299, are amended by (i) amending §§ 273.313, 277.312, 279.252, 283.262, 285.334, 288.283, 289.303, 293.252, 295.272 and 297.262; deleting § 288.282 and adding § 271.4 to read as set forth at 27 Pa.B. 893 (February 15, 1997); and by (ii) Amending §§ 272.251, 272.252, 273.311, 277.311, 279.251, 281.271, 283.261, 285.217, 287.51, 287.55, 288.281, 289.301, 291.221, 293.251, 295.271, 297.261 and 299.219 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order, 27 Pa.B. 893 and Annex A to the Office of General Counsel and the Office of the Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order, 27 Pa.B. 893 and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order, 27 Pa.B. 893 and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
(Editor's Note: The amendments to §§ 272.251 and 287.55, amended in this document, were not included in the proposal at 27 Pa.B. 893.)
JAMES M. SEIF,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 5840 (November 8, 1997).)
Fiscal Note: Fiscal Note 7-304 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH
AND SAFETY
ARTICLE VIII. MUNICIPAL WASTE
CHAPTER 272. MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
Subchapter C. MUNICIPAL WASTE PLANNING
PLAN REVISIONS § 272.251. Submission of revisions.
(a) A county with an approved municipal waste management plan shall submit a revised plan to the Department in accordance with this subchapter as follows:
(1) At least 3 years prior to the time that the remaining available permitted capacity for the county will be exhausted.
(2) By September 26, 1990, for plans approved under § 272.211(b) (relating to general requirement). The plan revisions shall be consistent with the requirements of this subchapter except to the extent that the county demonstrates to the Department's satisfaction that irrevocable contracts made by or under the approved plan preclude compliance with this subchapter.
(3) When otherwise required by the Department.
(b) A county with an approved municipal waste management plan may submit a revised plan to the Department in accordance with this subchapter at any other time.
(c) A proposed plan revision will be reviewed by the Department under the criteria in § 272.244 (relating to Departmental review of plans) to the extent that the plan is affected by the proposed revision.
§ 272.252. Development of plan revisions.
(a) A county shall provide written notice to the Department when plan revision development begins. The notice shall describe the proposed plan revisions the county intends to undertake, including a description of how capacity will be assured for the remainder of the planning period.
(b) Within 30 days after receipt of written notice submitted under subsection (a), the Department will notify the county if it determines the proposed revision is substantial.
(c) A county submitting a plan revision shall comply with:
(1) Sections 272.221--272.233 (relating to plan content), to the extent changes from the approved plan are proposed.
(2) Sections 272.201 and 272.204 (relating to purposes; and format of plans).
(3) Section 272.203 (relating to notice to municipalities). At least 30 days before submitting a proposed, nonsubstantial plan revision to the Department, the county shall submit a copy of the proposed revision to the advisory committee and each municipality within the county. Nonsubstantial plan revisions will be deemed approved within 30 days of receipt by the Department unless the Department responds in writing.
(d) If the Department determines that the plan revision is substantial, the county shall also:
(1) Comply with §§ 272.202, 272.241--272.243 and 272.245.
(2) Identify and describe the facilities where municipal waste is currently being disposed or processed, and the remaining available permitted capacity of the facilities. The plan revision shall also consider the capacity which could be made available through the reasonable expansion of the facilities.
(e) For purposes of this section, substantial plan revisions shall include, but not be limited to:
(1) The elimination of a recycling program, contained in a county plan and operating in a county resulting in reduced volume of recycling.
(2) The addition of municipal waste streams not originally included in the plan.
CHAPTER 273. MUNICIPAL WASTE LANDFILLS
Subchapter C. OPERATING REQUIREMENTS RECORDKEEPING AND REPORTING § 273.311. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that municipal waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The particular grid location of the area currently being used for disposal of solid waste.
(5) A description of waste handling problems or emergency disposal activities.
(6) A record of deviations from the approved design or operational plans.
(7) A record of activities for which entries are needed in order to comply with the annual operation report required in § 273.313 (relating to annual operation report).
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts, but in no case less than 5 years. These records shall be made available to the Department upon request.
CHAPTER 277. CONSTRUCTION/DEMOLITION WASTE LANDFILLS
Subchapter C. OPERATING REQUIREMENTS
RECORDKEEPING AND REPORTING § 277.311. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that construction/demolition waste is received, processed or disposed, and for each day that construction, monitoring or postclosure activity occurs.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside of this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The particular grid location of the area currently being used for disposal of solid waste.
(5) A description of waste handling problems or emergency disposal activities.
(6) A record of deviations from the approved design or operational plans.
(7) A record of activities for which entries are needed in order to comply with the annual operation report required in § 277.312 (relating to annual operation report).
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether construction/demolition waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 279. TRANSFER FACILITIES
Subchapter C. OPERATING REQUIREMENTS FOR TRANSFER FACILITIES
RECORDKEEPING AND REPORTING § 279.251. Daily operational records.
(a) A person or municipality that operates a transfer facility shall make and maintain an operational record for each day that municipal waste is received, processed or transported offsite.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside of this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The destination of the solid waste, including the facility name, the county and state in which it is located, and the type and weight or volume of waste transported.
(5) The type and weight or volume of materials which are recycled.
(6) A description of waste handling problems or emergency disposal activities.
(7) A record of deviations from the approved design or operational plans.
(8) A record of activities for which entries are needed in order to comply with the annual operation report required in § 279.252 (relating to annual operation report).
(9) A report of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored in accordance with Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 281. COMPOSTING FACILITIES
Subchapter C. OPERATING REQUIREMENTS FOR GENERAL COMPOSTING FACILITIES
RECORDKEEPING AND REPORTING § 281.271. Daily operational records.
(a) A person or municipality that operates a general composting facility shall make and maintain an operational record for each day that municipal waste is received, processed or transported offsite.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside of this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The weight or volume of each material recycled, marketed or disposed of as a result of the process.
(5) A record of deviations from the approved design or operational plans.
(6) A record of activities for which entries are needed to comply with the annual operation report required in § 281.272 (relating to annual operation report).
(7) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored in compliance with Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 283. RESOURCE RECOVERY AND OTHER PROCESSING FACILITIES
Subchapter C. OPERATING REQUIREMENTS
RECORDKEEPING AND REPORTING § 283.261. Daily operational records.
(a) The operator of a facility subject to this chapter shall make and maintain an operational record for each day that municipal waste is received, processed or transported offsite.
(b) The daily operation record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside of this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The weight or volume of each material recycled or marketed as a result of the process.
(5) For bypassed wastes and waste products, the name and county or state of the facility where the solid waste is ultimately disposed and the weight or volume of waste disposed.
(6) A description of waste handling problems or emergency disposal activities.
(7) A record of deviations from the approved design or operational plans.
(8) A record of activities for which entries are needed in order to comply with the annual operation report required in § 283.262 (relating to annual operation report).
(9) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operation records sufficient to determine whether municipal waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts, but in no case less than 5 years. These records shall be made available to the Department upon request.
CHAPTER 285. STORAGE, COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
GENERAL PROVISIONS § 285.217. Recordkeeping and reporting.
(a) General. A person or municipality that collects or transports municipal waste other than infectious and chemotherapeutic waste shall make and maintain an operational record each day that municipal waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following:
(1) The county and state where the waste was originally collected.
(2) The name and address of the person or municipality collecting or transporting the waste.
(3) The name and location of a transfer facility that has received, or will receive, the waste.
(4) The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.
(5) The weight or volume of the types of municipal waste transported.
(6) A description of handling problems or emergency disposal activities.
(b) The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.
ARTICLE IX. RESIDUAL WASTE MANAGEMENT
CHAPTER 287. RESIDUAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter B. DUTIES OF GENERATORS § 287.51. Scope.
(a) A person or municipality that generates more than an average of 2,200 pounds of residual waste per generating location per month based on generation in the previous year shall submit a biennial report and source reduction strategy under §§ 287.52 and 287.53 (relating to biennial report; and source reduction strategy).
(b) A person or municipality that generates more than 2,200 pounds of residual waste per generating location in any single month in the previous year shall comply with § 287.54 (relating to chemical analysis of waste). The Department may waive or modify this requirement for individual types of waste that are generated in quantities of less than 2,200 pounds per month per generating location.
(c) This subchapter does not apply to the following:
(1) Persons or municipalities that generate residual waste as a result of collecting the waste, including the collection of parts, machinery, vehicles, appliances and used oil from the repair or replacement of the parts, machinery, vehicles, appliances and used oil.
(2) Persons or municipalities that create waste from a spill, release, fire, accident or other unplanned event.
(d) Generators and collectors of used oil who are also waste oil marketers are subject to § 266.43 (relating to standards applicable to marketers of waste oil burned for energy recovery).
§ 287.55. Small quantity generator recordkeeping requirements.
(a) A person or municipality that generates an average of 2,200 pounds or less of residual waste per generating location per month based on generation in the previous year, or which is otherwise exempted from this subchapter, shall:
(1) Maintain records that include the types and amounts of waste generated, the date on which the waste was generated, the date on which the waste was disposed of or processed onsite, the name, address and telephone number of a person or municipality that transported the waste and the name, address and phone number of the processing or disposal facility or other destination to which the waste was transported.
(2) Retain the records on the premises where the residual waste was generated for 5 years after the waste was generated.
(3) Make the records available for inspection upon request to a representative of the Department.
(b) This section does not apply to residual waste generated in a house or residence.
CHAPTER 288. RESIDUAL WASTE LANDFILLS
Subchapter C. OPERATING REQUIREMENTS
RECORDKEEPING AND REPORTING § 288.281. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that residual waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs. The operator of a captive residual waste facility may maintain a monthly operational record instead of a daily operational record for each month in which residual waste is received, processed or disposed, and each month that construction, monitoring or postclosure activity occurs. The monthly operational record shall contain the information required in subsection (b)(1)--(7).
(b) The operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The particular grid location of the area currently being used for disposal of solid waste.
(3) A description of waste handling problems or emergency disposal activities.
(4) A record of deviations from the approved design or operational plans.
(5) A record of activities for which entries are needed to comply with the annual operation report required in § 288.283 (relating to annual operation report).
(6) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(7) A record of rejected waste loads, and the reason for rejecting the loads. For noncaptive facilities, the name of the transporter and the name, mailing address and county of the generator shall also be included.
(8) For noncaptive facilities, the following:
(i) The transporters of the waste.
(ii) The name, mailing address, county and state of each generator of residual waste.
(iii) An analysis of the quality and quantity of leachate flowing from the landfill into the leachate storage and treatment system.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily and monthly operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 289. RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
Subchapter C. OPERATING REQUIREMENTS
RECORDKEEPING AND REPORTING § 289.301. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that residual waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) A description of waste handling problems or emergency disposal activities.
(3) A record of deviations from the approved design or operational plans.
(4) A record of activities for which entries are needed to comply with the annual operation report required in § 289.303 (relating to annual operation report).
(5) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(6) A record of rejected waste loads, the reason for rejecting the loads, and for noncaptive facilities, the name of the transporter and the name, mailing address, county and state of the generator shall also be included.
(7) For noncaptive facilities, the following:
(i) The transporters of the waste.
(ii) The name, mailing address, county and state of each generator of residual waste.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 291. LAND APPLICATION OF RESIDUAL WASTE
Subchapter C. GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE
RECORDKEEPING AND REPORTING § 291.221. Daily operational records.
(a) A person or municipality that disposes of residual waste by land application shall make and maintain an operational record for each day that the residual waste is applied.
(b) The daily operational record shall include the following:
(1) The type, percent solids and weight or volume of the residual waste that was applied.
(2) The name, mailing address, county and state of each generator of residual waste.
(3) The transporters of the residual waste.
(4) The particular map location of the area being used for land application of residual waste, and the weight or volume of residual waste this area received in the previous calendar year.
(5) A record of deviations from the permit.
(6) General weather conditions during disposal.
(7) The application rate for residual waste.
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) If residual waste is being stored at the site, the operator shall maintain, on forms provided by the Department, accurate operational records sufficient to determine whether the waste is being stored in accordance with § 291.204 (relating to storage of residual waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 293. TRANSFER FACILITIES FOR RESIDUAL WASTE
Subchapter C. OPERATING REQUIREMENTS FOR TRANSFER FACILITIES
RECORDKEEPING AND REPORTING § 293.251. Daily operational records.
(a) A person or municipality that operates a transfer facility shall make and maintain an operational record for each day that residual waste is received, processed or transported offsite.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The name, mailing address, county and state of each generator of residual waste.
(3) The transporters of the solid waste.
(4) The destination of the solid waste, including the facility name, the county and state in which it is located and the type and weight or volume of waste transported.
(5) The type and weight or volume of materials which are used or reclaimed.
(6) A description of waste handling problems or emergency activities.
(7) A record of deviations from the approved design or operational plans.
(8) A record of activities for which entries are needed in order to comply with the annual operation report required in § 293.252 (relating to annual operation report).
(9) A report of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored in accordance with Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer is determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 295. COMPOSTING FACILITIES FOR RESIDUAL WASTE
Subchapter C. OPERATING REQUIREMENTS FOR COMPOSTING FACILITIES
RECORDKEEPING AND REPORTING § 295.271. Daily operational records.
(a) A person or municipality that operates a composting facility shall make and maintain an operational record for each day that residual waste is received, processed or transported offsite. Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The name, mailing address, county and state of each generator of residual waste.
(3) The transporters of the solid waste.
(4) A record of activities for which entries are needed to comply with the annual operation report required in § 295.272 (relating to annual operation report).
(5) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
CHAPTER 297. INCINERATORS AND OTHER PROCESSING FACILITIES
Subchapter C. OPERATING REQUIREMENTS FOR PROCESSING FACILITIES
RECORDKEEPING AND REPORTING § 297.261. Daily operational records.
(a) The operator of a residual waste processing facility shall make and maintain an operational record for each day that residual waste is received, processed or transported offsite.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The name, mailing address, county and state of each generator of residual waste.
(3) The transporters of the solid waste.
(4) The weight or volume of each material used, reclaimed or marketed as a result of the process.
(5) The name and county or state of the facility where the solid waste is ultimately disposed and the weight or volume of waste disposed for bypass wastes and waste products.
(6) A description of waste handling problems or emergency disposal activities.
(7) A record of deviations from the approved design or operational plans.
(8) A record of activities for which entries are needed in order to comply with the annual operation report required in § 297.262 (relating to annual operation report).
(9) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
CHAPTER 299. STORAGE AND TRANSPORTATION OF RESIDUAL WASTE
Subchapter B. STANDARDS FOR COLLECTING AND TRANSPORTING OF RESIDUAL WASTE
GENERAL PROVISIONS § 299.219. Recordkeeping and reporting.
(a) A person or municipality that transports residual waste shall make and maintain an operational record each day that residual waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following:
(1) The types or classifications of residual waste transported.
(2) The weight or volume of the types of wastes transported.
(3) The name, mailing address, telephone number, county and state of each generator of transported waste.
(4) The name and location of a transfer facility that has received, or will receive, the waste.
(5) The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.
(6) A description of handling problems or emergency disposal activities.
(7) The name and address of the person or municipality collecting or transporting the waste.
(b) The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.
[Pa.B. Doc. No. 97-1896. Filed for public inspection November 28, 1997, 9:00 a.m.]
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