[27 Pa.B. 6407]
[Continued from previous Web Page] § 264a.166. Closure certification.
(a) The permittee shall submit a request for closure certification upon completion of closure of the facility in accordance with 40 CFR 264.120 (relating to certification of completion of post-closure care).
(b) Within 60 days after receipt of a written request for closure certification, the Department will initiate an inspection of the facility to verify that closure has been effected in accordance with the approved facility closure and postclosure care plan and this article.
(c) If the Department determines that the facility has been closed in accordance with this article, and that there is no reasonable expectation of adverse effects upon the environment or the public health, safety and welfare, the Department will certify in writing to the permittee that closure has been effected in accordance with this chapter. Closure certification may not take effect until 1 year after receipt of the Department's determination.
(d) The closure certification does not constitute a waiver or release of bond liability or other liability existing in law for adverse environmental conditions or conditions of noncompliance existing at the time of the notice or which might occur at a future time, for which the permittee shall remain liable.
(e) The Department will not issue a closure certification for a facility which is causing adverse effects on the public health, safety or welfare or the environment, creating a public nuisance, or in violation of this article, the act or the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)).
(f) At any time after issuance of a certification of closure, if inspection by the Department indicates that additional postclosure care measures are required to abate or prevent any adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the permittee setting forth the schedule of measures which the permittee shall take in order to bring the facility into compliance.
(g) At least 6 months prior to expiration of the 1 year liability period following closure and postclosure care, the Department will conduct an inspection of the facility. If the Department determines that the facility will continue to cause adverse effects upon the environment or the public health, safety and welfare after expiration of the 1-year liability period, the Department will require the permittee to deposit a separate bond under § 264a.164 (relating to separate bonding for a portion of a facility), or forfeit the bond on deposit with the Department.
§ 264a.167. Public notice and comment.
The original bond amount determination, a decision by the Department to release bond, a request to reduce bond amount after permit issuance and a request for closure certification shall be, for the purpose of providing public notice and comment, considered a major permit modification and shall satisfy the public notice and comment requirements for major permit modifications.
§ 264a.168. Bond forfeiture.
(a) The Department may forfeit the bond for a hazardous waste storage, treatment or disposal facility when it determines that any of the following occur:
(1) The permittee has failed and continues to fail to conduct the hazardous waste storage, treatment or disposal activities in accordance with this article, the act, the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(2) The permittee has abandoned the facility without providing closure or postclosure care, or has otherwise failed to properly close the facility in accordance with the requirements of this article, the act, the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(3) The permittee has failed, and continues to fail to take those measures determined necessary by the Department to prevent effects upon the environment before, during and after closure and postclosure care.
(4) The permittee or financial institution has become insolvent, failed in business, been adjudicated bankrupt, had a delinquency proceeding initiated under Article V of The Insurance Department Act of 1921 (40 P. S. §§ 221.1--221.63), filed a petition in bankruptcy, in liquidation, for dissolution or for a receiver, or had a receiver appointed by the court, or had action initiated to suspend, revoke or refuse to renew the license or certificate of authority of the financial institution, or a creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials or facilities at the permit area or on the collateral pledged to the Department; and the permittee or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with this article, the act, the statutes set forth in section 505(a) of the act, the terms and conditions of the permit and orders of the Department.
(b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the permittee, the host municipality and the surety on the bond, if any, of the Department's determination to forfeit the bond and the reasons for the forfeiture.
(2) Advise the permittee and surety, if any, of their right to appeal to the EHB under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable statutes for the collection of defaulted bonds or other debts.
(4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund.
(5) Forfeit all bond deposited for the facility, including all additional amounts of bond posted for the facility.
§ 264a.169. Preservation of remedies.
Remedies provided or authorized by law for violation of statutes, including but not limited to, the act, The Clean Streams Law (35 P. S. §§ 691.1 691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), this article and the terms and conditions of permits and orders of the Department, are expressly preserved. Nothing in this chapter may be construed as an exclusive penalty or remedy for the violations. An action taken under this subchapter may not waive or impair another remedy or penalty provided in law.
Subchapter I. USE AND MANAGEMENT OF CONTAINERS Sec.
264a.175. Containment. 264a.180. Weighing or measuring facilities. § 264a.175. Containment.
In addition to the requirements incorporated by reference:
(1) For indoor storage of reactive or ignitable hazardous waste, the total maximum container height may not exceed 6 feet. The containers shall be grouped so that the maximum width and depth of a group is no greater than the area that would contain four 55-gallon drums wide by four 55-gallon drums deep approximately 8 feet by 8 feet or the containers shall be grouped so that the maximum width of a group is no greater than the area that would contain two 55-gallon drums deep, with the length of the group so limited that at least a 5-foot-wide aisle surrounds the group. Each 8-foot by 8-foot group shall be separated by at least a 5-foot-wide aisle.
(2) For outdoor storage of reactive or ignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of the containers may not exceed the equivalent of eight 55-gallon drums wide by eight 55-gallon drums deep. Each group shall be separated by at least a 5-foot-wide aisle from any adjacent group. A main aisle or accessway at least 12 feet wide shall be maintained through a container storage area. A minimum 40-foot setback from a building shall be maintained for all outdoor container storage of reactive or ignitable hazardous wastes.
(3) For indoor or outdoor storage of nonreactive or nonignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which insures access for purposes of inspection, containment and remedial action with emergency vehicles. The configuration shall be specified in the permit application and shall be approved in writing by the Department.
§ 264a.180. Weighing or measuring facilities.
Weighing or measuring facilities, if necessary or when required by the Department, shall be provided for weighing all hazardous wastes brought to the TSD facility, except for captive facilities that handle liquids or flowable wastes--less that 20% solids--which are amenable to accurate flow measurements, or captive facilities that possess other waste inventory controls--volume controls. Weighing facilities shall be capable of weighing the maximum anticipated load plus the weight of the transport vehicle. The precision of weighing devices shall be certified by the Department of Agriculture. For offsite facilities or onsite facilities receiving waste from offsite sources, the hours of operation for the facility shall be prominently displayed on a sign at the entrance. The lettering shall be a minimum of 4 inches in height and of a color contrasting with its background.
Subchapter J. TANK SYSTEMS Sec.
264a.191. Assessment of existing tank system's integrity. 264a.193. Containment and detection of releases. 264a.194. General operating requirements. 264a.195. Inspections. § 264a.191. Assessment of existing tank system's integrity.
Notwithstanding the requirements incorporated by reference, owners or operators of tanks or tank systems shall obtain and keep on file at the facility a written assessment of the tank or tank system's integrity as of January 17, 1994, which is otherwise in accordance with the requirements of 40 CFR 264.191 (relating to assessment of existing tank system's integrity).
§ 264a.193. Containment and detection of releases.
Notwithstanding the requirements incorporated by reference, owners or operators of existing tank systems shall comply with 40 CFR 264.193 (relating to containment and detection of release) by January 16, 1995, except that owners and operators of existing tank systems for which the age cannot be documented, shall comply with 40 CFR 264.193 by January 16, 1996.
§ 264a.194. General operating requirements.
In addition to the requirements incorporated by reference, tanks shall be labeled to accurately identify the contents.
§ 264a.195. Inspections.
In addition to the requirements incorporated by reference, the owner or operator shall inspect the tank or tank system at least once each operating day, or every 72 hours when not operating, if waste remains in the tank or tank system components.
Subchapter K. SURFACE IMPOUNDMENTS. Sec.
264a.221. Design and operating requirements. § 264a.221. Design and operating requirements.
In addition to the requirements incorporated by reference:
(1) For surface impoundments subject to 40 CFR 264.221(a) or (c) (relating to design and operating requirements), a minimum distance of 4 feet shall be maintained between the bottom of the liner and seasonal high water table without the use of artificial or manmade groundwater drainage or dewatering systems. Soil mottling may indicate the presence of a seasonal high groundwater table. The distance between the top of the subbase and the regional water table shall be a minimum of 8 feet.
(2) For surface impoundments subject to 40 CFR 264.221(c), the requirement relating to leak detection systems not located completely above the seasonal high water table is not incorporated herein.
Subchapter L. WASTE PILES Sec.
264a.251. Design and operating requirements. § 264a.251. Design and operating requirements.
In addition to the requirements incorporated by reference:
(1) For a waste pile subject to the design and operating requirements of 40 CFR 264.251(a) or (c) (relating to design and operating requirements), a minimum distance of 20 inches between the bottom of the liner and seasonal high groundwater table shall be maintained without the use of artificial and manmade groundwater drainage or dewatering systems. Soil mottling may indicate the presence of a seasonal high groundwater table.
(2) For waste pile subject to the design and operating requirements of 40 CFR 264.221(c) (relating to design and operating requirements), the provisions relating to leak detection systems not located completely above the seasonal high water table are not incorporated herein.
Subchapter M. LAND TREATMENT Sec.
264a.273. Design and operating requirements. 264a.276. Food chain crops. § 264a.273. Design and operating requirements.
In addition to the requirements incorporated by reference, land treatment of hazardous waste shall be subject to the following restrictions:
(1) The hazardous waste shall be mixed into or turned under the soil surface within 24 hours of application, unless it is spray irrigated and the spray irrigated hazardous waste:
(i) Is used for top dressing.
(ii) Has plant nutrient value.
(iii) Is applied with proper spray irrigation equipment and through proper spray irrigation methods.
(iv) Is not transported offsite by aerosol transport while being spray irrigated.
(2) Hazardous waste shall be spread or sprayed in thin layers to prevent ponding and standing accumulations of liquids or sludges.
(3) Hazardous waste may not be applied when the ground is saturated, covered with snow, frozen or during periods of rain.
(4) Hazardous waste may not be applied in quantities which will result in vector or odor problems.
(5) Hazardous waste shall only be applied to those soils which fall within the United States Department of Agriculture (USDA) textural classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam.
(6) The soils shall have sola with a minimum depth of 20 inches and at least 40 inches of soil depth.
§ 264a.276. Food chain crops.
In addition to the requirements incorporated by reference, the growth of food chain crops is subject to the following restrictions:
(1) The Department may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. Tobacco and crops intended for direct human consumption may not be grown on hazardous waste land treatment facilities. The Department will specify in the facility permit the specific food-chain crops which may be grown.
(2) Cadmium-containing waste may not be applied on land used for production of tobacco, leafy vegetables or root crops grown for human consumption. For other food-chain crops, the annual cadmium application rate may not exceed:
Annual Cd Time period application rate (kilograms per hectare) Present to June 30, 1984 2.0 July 1, 1984 to December 31, 1986 1.25 Beginning January 1, 1987 0.5
Subchapter N. LANDFILLS Sec.
264a.301. Design and operating requirements. § 264a.301. Design and operating requirements.
In addition to the requirements incorporated by reference:
(1) For a landfill subject to the design and operating provisions of 40 CFR 264.301(a) or (c) (relating to design and operating requirements), a minimum distance of 4 feet between the bottom of the liner and seasonal high groundwater table shall be maintained without the use of artificial and manmade groundwater drainage or dewatering systems. Soil mottling may indicate the presence of a seasonal high groundwater table. The distance between the bottom of the liner and the regional groundwater table shall be a minimum of 8 feet.
(2) For landfills subject to 40 CFR 264.301(c), the provisions relating to leak detection systems not located completely above the seasonal high water table are not incorporated herein.
Subchapter S. CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS Sec.
264a.552. Applicability. § 264a.552. Applicability.
Notwithstanding the requirements incorporated by reference, 40 CFR Subpart S (relating to corrective action for solid waste management units) is not incorporated by reference herein.
Subchapter W. DRIP PADS Sec.
264a.570. Applicability. § 264a.570. Applicability.
Notwithstanding the requirements incorporated by reference, this subchapter applies to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation or surface water run-on to an associated collection system. Existing drip pads are those constructed before January 11, 1997.
Subchapter X. MISCELLANEOUS UNITS Sec.
264a.601. Environmental performance standards. § 264a.601. Environmental performance standards.
In addition to the requirements incorporated by reference, a permit for a miscellaneous unit shall contain applicable requirements of Chapter 270a (relating to hazardous waste permit program) that are appropriate for the miscellaneous unit being permitted.
Subchapter DD. CONTAINMENT BUILDINGS (Editor's Note: The requirements of this subchapter replace identical provisions in the existing text of Subchapter T, §§ 264.520--264.522.)
Sec.
264a.1100. Applicability. 264a.1101. Design and operating standards. § 264a.1100. Applicability.
Notwithstanding the requirements incorporated by reference, this subchapter applies to owners or operators who store or treat hazardous waste in units designed and operated under the requirements of 40 CFR 264.1101 (related to design and operating standards) incorporated by reference herein.
§ 264a.1101. Design and operating standards.
Notwithstanding the requirements incorporated by reference:
(1) Owners or operators of existing units described in 40 CFR 264.1101(b)(4) (relating to design and operating standards) seeking a delay in the secondary containment requirement for up to 2 years shall provide written notice to the Department by July 11, 1997. This notification shall describe the unit and its operating practices with specific reference to the performance of existing containment systems, and specific plans for retrofitting the unit with secondary containment.
(2) For units placed into operation prior to January 11, 1997, certification by a qualified registered professional engineer that the containment building design meets the requirements of 40 CFR 264.1101(a)--(c) shall be placed in the facility's operating record (onsite files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit.
(3) For units placed into operation after January 11, 1997, certification by a qualified registered professional engineer that the containment building design meets the requirements of 40 CFR 264.1101(a)--(c) will be required prior to operation of the unit.
CHAPTER 265. (Reserved)
CHAPTER 265a. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. Subchap.
A. GENERAL B. GENERAL FACILITY STANDARDS D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES E. MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING H. FINANCIAL REQUIREMENTS I. USE AND MANAGEMENT OF CONTAINERS J. TANK SYSTEMS P. THERMAL TREATMENT
Subchapter A. GENERAL Sec.
265a.1. Incorporation by reference, purpose, scope and applicability. § 265a.1. Incorporation by reference, purpose, scope and applicability.
(a) Except as expressly provided in this chapter, 40 CFR Part 265 (relating to interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities) and the appendices to Part 265 are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference in this section:
(1) The provisions of 40 CFR 265.1(c)(4)(relating to purpose, scope and applicability) regarding state program authorization under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs), are not incorporated herein.
(2) This chapter applies to owners and operators of facilities which treat, store or dispose of hazardous waste in this Commonwealth, except as specifically provided in this chapter or in Chapter 261a (relating to identification and listing of hazardous waste).
(3) This chapter does not apply to owners or operators of facilities specifically exempted from compliance with this chapter under 40 CFR 265.1, except that those owners or operators of facilities which are authorized to treat, store or dispose of hazardous waste under a permit-by-rule established in § 270a.60 (relating to permits-by-rule) are required to comply with specified provisions of this chapter if an applicable permit-by-rule established in § 270a.60 expressly requires compliance with provisions of this chapter.
(4) This chapter does not apply to owners of facilities authorized to treat, store or dispose of hazardous waste under a permit-by-rule and variance established under § 270a.60.
(5) This chapter does not apply to handlers and transporters of universal wastes identified in 40 CFR Part 273 (relating to standards for universal waste management) or additional Pennsylvania-designated universal wastes identified in Chapter 266b (relating to standards for universal waste management).
(6) With respect to the specific requirements of Subchapters K and N (relating to surface impoundments; and landfills), the Department may, upon written application from a person who is subject to either subchapter, grant a variance from one or more specific provisions of that subchapter in accordance with this paragraph. An application for a variance shall:
(i) Identify the specific provisions from which a variance is sought.
(ii) Demonstrate that suspension of the identified provisions will result in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provisions.
Subchapter B. GENERAL FACILITY STANDARDS Sec.
265a.11. Identification number and transporter license. 265a.13. General and generic waste analysis. 265a.15. General inspection and construction inspection requirements. 265a.18. Location standards. § 265a.11. Identification number and transporter license.
In addition to the requirements incorporated by reference, a person or municipality who owns or operates a hazardous waste management facility may not accept hazardous waste for treatment, storage or disposal from a transporter who has not received an identification number from the EPA and a license from the Department, except as otherwise provided. This provision does not apply to acceptance of waste generated by a small quantity generator or by a conditionally exempt small quantity generator.
§ 265a.13. General and generic waste analysis.
(Editor's Note: Most of the provisions proposed in § 265a.13 are in the existing text of § 265.12 and § 265.13.)
In addition to the requirements incorporated by reference:
(1) Except as provided in paragraphs (4) and (5), before an owner or operator treats, stores or disposes of a specific hazardous waste from a specific generator for the first time, the operator shall submit to the Department for approval, on a form provided by the Department, or on a form approved by the Department, a report which the owner or operator shall retain for 20 years. The report shall include the following information:
(i) A detailed chemical and physical analysis of the waste.
(ii) A description of the waste and the process generating the waste.
(iii) The name and address of the hazardous waste management facility.
(iv) A description of the hazardous waste management facility's treatment, storage and disposal methods.
(v) Results of liner compatibility testing.
(vi) An assessment of the impact of the waste on the hazardous waste management facility.
(vii) A copy of the generator's source reduction strategy unless exempted under § 262a.100 (relating to source reduction strategy). For generators located outside of this Commonwealth, a copy of documentation that the generator has complied with section 3005(h) of the Solid Waste Disposal Act (42 U.S.C.A. § 6925(h)).
(viii) Other information which the Department may prescribe for the Department to determine whether the waste will be treated, stored or disposed of in accordance with this chapter. The chemical and physical analysis of the waste shall be repeated under one or more of the following circumstances:
(A) When necessary to ensure that it is accurate and up-to-date.
(B) When the owner or operator is notified, or has reason to believe, that the process or operation that generates the hazardous waste has changed.
(C) For offsite facilities or onsite facilities receiving waste from offsite sources, when the results of the inspection or analysis, or both, of each hazardous waste indicates that the waste received at the facility does not match the description of the waste on the accompanying manifest or shipping paper.
(2) The owner or operator shall develop and follow a written waste analysis plan in compliance with 40 CFR 265.13 (relating to general waste analysis) which shall be submitted to the Department for approval at a time in the application process as the Department may prescribe. The plan shall be retained at the facility.
(3) The owner or operator of a facility utilizing a liner shall conduct an evaluation of the liner compatibility with the hazardous waste before accepting the waste for emplacement in a waste pile, surface impoundment or landfill unless the approval to accept the waste is granted in the facility's permit. The evaluation procedure shall meet the approval of the Department prior to its commencement. The evaluation of the liner shall consist of testing the liner in the presence of the waste for a minimum of 30 days or as otherwise approved by the Department. In lieu of actual testing, existing published or documented data on the hazardous waste or waste generated from similar processes proving the liner compatibility may be substituted if approved by the Department. The results of the evaluation of the liner compatibility shall be furnished to the Department for approval of the waste before acceptance by the facility.
(4) The Department may waive prior approval of the report specified in paragraph (1) for wastes that are in containers that are only to be stored at the facility. The Department may waive prior approval of the report only if:
(i) The Department determines that the waiver does not pose a potential threat to human health or the environment.
(ii) The management of the wastes is allowed in the permit for the facility and properly addressed in the approved waste analysis plan for the facility.
(iii) The report is submitted to the Department within 1 week of the arrival of the wastes at the facility and a copy of the report is maintained in the operating record onsite for 20 years.
(5) Prior Department approval of the report specified in paragraph (1) is not required for offsite reclamation facilities that, under a contractual agreement, supply raw material to a generator and accept the expended material from the generator for storage prior to reclamation.
(6) In lieu of the waste and generator specific report required by paragraphs (1)--(3), the Department may accept from the operator of a treatment, storage or disposal facility a Generic Module I application for similar wastes containing similar hazardous constituents from multiple generators.
(7) An application for a Generic Module I shall include:
(i) The information required by paragraph (1). Generator specific information shall be included for each generator identified in the application.
(ii) Criteria for determining whether the wastes have similar physical and chemical characteristics and contain similar hazardous constituents.
(8) Additional generators may be added to an approved Generic Module I if the operator of the treatment, storage or disposal facility demonstrates that the waste from the new generator is consistent with the waste already approved in the Generic Module I. At least 15 days prior to accepting a waste from a new generator, the operator of the treatment, storage or disposal facility shall submit to the Department in writing, the generator specific information required by paragraph (1). The Department will not add an additional generator to the Generic Module I if the Department finds that the operator of the treatment, storage or disposal facility has not demonstrated that the waste from the new generator is consistent with that approved under the Generic Module I.
(9) A permit modification and Generic Module I requested under this section shall be accompanied by a fee, as specified in § 270a.3 (relating to payment of fees).
§ 265a.15. General inspection and construction inspection requirements.
In addition to the requirements incorporated by reference, a schedule for construction of a hazardous waste management facility shall be submitted to the Department for approval. At a minimum, the schedule shall provide for inspection and approval by the Department of each phase of construction.
§ 265a.18. Location standards.
In addition to the requirements incorporated by reference, Chapter 269a (relating to siting) applies to hazardous waste treatment and disposal facilities.
Subchapter D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES Sec.
265a.52. Content of contingency plan. 265a.56. Emergency procedures. § 265a.52. Content of contingency plan.
In addition to the requirements incorporated by reference:
(1) The contingency plan and revisions and amendments thereto shall be prepared and implemented in accordance with the Department's guidance for contingency plans.
(2) The contingency plan shall be submitted to the Department for approval at the time in the application process that the Department prescribes.
§ 265a.56. Emergency procedures.
In addition to the requirements incorporated by reference:
(1) The emergency coordinator shall immediately notify the Department by telephone at (717) 787-4343 and the National Response Center at (800) 424-8802.
(2) The report to the Department and the National Response Center shall include the following:
(i) The name and telephone number of reporter.
(ii) The name and address of facility.
(iii) The time and type of incident (for example, release, fire).
(iv) The name and quantity of materials involved, to the extent known.
(v) The extent of injuries, if any.
(vi) The possible hazards to human health, or the environment, outside the facility.
(3) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire or explosion at the facility.
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING Sec.
265a.71. Use of the manifest system. 265a.72. Manifest discrepancies. 265a.75. Biennial report. 265a.78. Hazardous waste management fee. 265a.79. Documentation of hazardous waste management fee submission. 265a.80. Civil penalties for failure to submit hazardous waste management fees. 265a.81. Assessment of penalties; minimum penalties. 265a.82. Administration fees. 265a.83. Administration fees during closure. § 265a.71. Use of the manifest system.
In addition to the requirements incorporated by reference:
(1) Except as otherwise provided in 40 CFR 262.23(1) (relating to use of the manifest), an owner or operator, or the agent of the owner or operator, may not accept hazardous waste for treatment, storage or disposal unless it is accompanied by a Pennsylvania manifest.
(2) The Pennsylvania manifest is a six-part hazardous waste manifest form that is obtained from the Department or is approved by the Department.
(3) Within 30 days of the delivery, the owner or operator or the agent of the owner or operator shall send the specified copies of the manifest to the Department and generator state, unless it is known that the generator state does not desire the copies.
§ 265a.72. Manifest discrepancies.
In addition to the requirements incorporated by reference, if a significant discrepancy is not resolved within 15 days, the owner or operator shall immediately notify the appropriate regional office of the Department by telephone and send a letter to the Department describing the discrepancy and attempts to reconcile it, including a copy of the manifest or shipping paper at issue.
§ 265a.75. Biennial report.
(a) Notwithstanding the requirements incorporated by reference, the owner or operator must submit to the Department its biennial report on EPA form 8700-13B, as modified.
(b) In addition to the requirements incorporated by reference, reports required by this section shall be maintained for the life of the facility as a part of the operating record.
§ 265a.78. Hazardous waste management fee.
(Editor's Note: The text of the existing § 265.78 (relating to hazardous waste management fee) is proposed to be renumbered as § 265a.78.)
§ 265a.79. Documentation of hazardous waste management fee submission.
(Editor's Note: The text of the existing § 265.79 (relating to documentation of hazardous waste management fee submission) is proposed to be renumbered as § 265a.79.)
§ 265a.80. Civil penalties for failure to submit hazardous waste management fees.
(Editor's Note: The text of the existing § 265.80 (relating to civil penalties for failure to submit hazardous waste management fees) is proposed to be renumbered as § 265a.80.)
§ 265a.81. Assessment of penalties; minimum penalties.
(Editor's Note: The text of the existing § 265.81 (relating to assessment of penalties; minimum penalties) is proposed to be renumbered as § 265a.81.)
§ 265a.82. Administration fees.
(Editor's Note: The text of the existing § 265.82 (relating to administration fees) is proposed to be renumbered as § 265a.82.)
§ 265a.83. Administration fees during closure.
(Editor's Note: The text of the existing § 265.113(b) (relating to closure; time allowed for closure) is proposed to be renumbered as § 265a.83.)
Subchapter H. FINANCIAL REQUIREMENTS Sec.
265a.141. Definitions. 265a.143. Financial assurance for closure. 265a.145. Financial assurance for postclosure care. 265a.147. Liability requirements. 265a.148. Incapacity of owners or operators, guarantors or financial institutions. 265a.149. Use of state-required mechanisms. 265a.150. State assumption of responsibility. 265a.153. Requirements to file a bond. 265a.154. Form, terms and conditions of bond. 265a.155. Special terms and conditions for surety bonds. 265a.156. Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure. 265a.157. Phased deposits of collateral. 265a.158. Replacement of bond. 265a.159. Reissuance of permits. 265a.160. Bond amount determination. 265a.161. Cost estimate for closure and postclosure care. 265a.162. Bond amount adjustments. 265a.163. Failure to maintain adequate bond. 265a.164. Separate bonding for a portion of a facility. 265a.165. Bond release. 265a.166. Closure certification. 265a.167. Public notice and comment. 265a.168. Bond forfeiture. 265a.169. Preservation of remedies. § 265a.141. Definitions.
In addition to the terms defined in 40 CFR 265.141 (relating to definitions of terms as used in this subpart) which are incorporated by reference, the definitions in section 103 of the act (35 P. S. § 6018.103) and Chapter 260a (relating to definitions and requests for determination) apply to this chapter. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Amount of liability coverage--The insurance requirements of § 265a.147 (relating to liability requirements).
Applicant--An owner or operator of a hazardous waste treatment, storage or disposal facility which is attempting to demonstrate the capability to self-insure all or part of its liabilities to third persons for personal injury and property damage from sudden or nonsudden pollution occurrences, or both.
Collateral bond--A penal bond agreement in a sum certain, payable to the Department, executed by the permittee and which is supported by the deposit with the Department of cash, negotiable bonds of the United States, the Commonwealth, the Turnpike Commission, the General State Authority, the State Public School Building Authority, or a Commonwealth municipality, Pennsylvania Bank Certificates of Deposit, or irrevocable letters of credit of a bank organized or authorized to transact business in the United States.
Final closure--Successful completion of requirements for closure and postclosure care as required by 40 CFR Part 265, Subpart G (relating to closure and postclosure).
Financial institutions--Banks organized or authorized to transact business in this Commonwealth or the United States, and insurance companies or associations licensed and authorized to transact business in this Commonwealth or designated by the Insurance Commissioner as an eligible surplus lines insurer.
Surety bond--A penal bond agreement in a sum certain, payable to the Department, executed by the permittee, and which is supported by the guarantee of payment on the bond by a corporation licensed to do business as a surety in this Commonwealth.
§ 265a.143. Financial assurance for closure.
Notwithstanding the requirements incorporated by reference, only subsection (e) of 40 CFR 265.143 (relating to financial test and corporate guarantee for closure) is incorporated by reference. This subsection is incorporated by reference only to the extent that the instruments used for financial assurances for closure comply with the laws and regulations of the Commonwealth.
§ 265a.145. Financial assurance for postclosure care.
Notwithstanding the requirements incorporated by reference, 40 CFR 265.145 (relating to financial assurance for postclosure care) is not incorporated by reference.
§ 265a.147. Liability requirements.
(a) Notwithstanding the requirements incorporated by reference, 40 CFR 265.147 (relating to liability requirements) is incorporated by reference only to the extent that the demonstration of financial responsibility complies with the laws of the Commonwealth and the related regulations.
(b) In addition to the requirements incorporated by reference:
(l) A permit applicant, or permittee of a hazardous waste storage, treatment or disposal facility shall submit proof that the owner or operator has in force comprehensive general liability (ordinary public liability) insurance covering bodily injury and property damage to third parties.
(2) Insurance policies providing comprehensive general liability (ordinary public liability) insurance covering bodily injury and property damage to third parties shall follow the commercial or comprehensive forms approved by the Insurance Department and shall be one of the following:
(i) Per occurrence and aggregate limits apply separately to bodily injury and property damages.
(ii) Per occurrence and aggregate limits apply to bodily injury and property damage combined.
(3) The amount of coverage provided for bodily injury and property damage may be inclusive or exclusive of legal defense costs.
(4) For coverage where per occurrence and aggregate limits apply separately and where legal defense costs are included within the amount of coverage, the minimum amount of coverage for bodily injury shall be $1.5 million per occurrence, with an annual aggregate of $3 million and the minimum amount of coverage for property damage shall be $750,000 per occurrence, with an annual aggregate of $1.5 million.
(5) For coverage where per occurrence and aggregate limits apply separately and where legal defense costs are excluded from the face amount of coverage, the minimum amount of coverage for bodily injury shall be $1 million per occurrence, with an annual aggregate of $2 million and the minimum amount of coverage for property damage shall be $500,000 per occurrence, with an annual aggregate of $1 million.
(6) For coverage where per occurrence and aggregate limits apply to bodily injury and property damage combined, and where legal defense costs are included within the amount of coverage, the minimum amount of combined coverage for bodily injury and property damage shall be $2.25 million per occurrence, with an annual aggregate of $4.5 million.
(7) For coverage where per occurrence and aggregate limits apply to bodily injury and property damage combined and where legal defense costs are excluded from the amount of coverage, the minimum amount of combined coverage for bodily injury and property damage shall be $1.5 million per occurrence, with an annual aggregate of $3 million.
(8) The insurance policy shall provide for the payment of claims up to the full amount of coverage regardless of any deductible amount applicable to the policy. If the policy provides the insurer with a right of reimbursement by the insured for payment of the deductible amount, the insurer shall be liable for payment of the deductible amount. If the policy does not provide the insurer with a right of reimbursement or similar methods of recoupment, the insured shall provide additional coverage amounts by the purchase of excess coverage for the deductible amount.
§ 265a.148. Incapacity of owners or operators, guarantors or financial institutions.
In addition to the requirements incorporated by reference, an owner or operator or guarantor of a corporate guarantee shall also notify the Department by certified mail in accordance with the provisions applicable to notifying the regional administrator of the EPA.
§ 265a.149. Use of State-required mechanisms.
Notwithstanding the requirements incorporated by reference, 40 CFR 265.149 (relating to use of State-required mechanisms) is not incorporated by reference.
§ 265a.150. State assumption of responsibility.
Notwithstanding the requirements incorporated by reference, 40 CFR 265.150 (relating to State assumption of responsibility) is not incorporated by reference.
(Editor's Note: Proposed §§ 265a.153--265a.169 include provisions of existing Chapter 267, Subchapter B (relating to bonding requirements), which have been updated and conformed to Federal provisions.)
§ 265a.153. Requirement to file a bond.
(a) Hazardous waste storage, treatment and disposal facilities which have been permitted under the act, or which are being treated as having been issued a permit under the act, shall file a bond in accordance with this subchapter, payable to the Department.
(b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant has filed with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by or approved by the Department, and the bond has been approved by the Department.
(c) An applicant for a new, revised, amended, modified or renewed permit may not disturb surface acreage, start construction of facilities for the storage, treatment or disposal of hazardous waste, or accept hazardous waste prior to receipt from the Department of approval of bond and issuance of a permit to conduct a hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or disposal facility which is permitted or is being treated as having been issued a permit, shall cease accepting hazardous waste unless the permittee has submitted a bond under this part. The Department will review and determine whether or not to approve the bond within 1 year after submittal. If, on review, the Department determines the permittee has submitted an insufficient bond amount, the Department will require the permittee to deposit additional bond amounts under § 265a.162 (relating to bond amount adjustments).
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