[29 Pa.B. 2367]
[Continued from previous Web Page] Registered professional geologist or professional geologist--A geologist registered to practice geology in this Commonwealth.
Responsible official--For corporations, a corporate officer; for limited partnerships, a general partner; for all other partnerships, a partner; for a sole proprietorship, the proprietor; for a municipal, state or Federal authority or agency, an executive officer or ranking elected official responsible for compliance of the hazardous waste activities and facilities of the authority or agency with all applicable rules and regulations.
Source reduction--The reduction or elimination of the quantity or toxicity of hazardous waste generated. Source reduction may be achieved through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery and recycling within a process. The term does not include dewatering, compaction, reclamation, treatment, or the use or reuse of waste.
State manifest document number--The state abbreviation, the letter and the unique number assigned to the manifest, usually preprinted on the form, for recording and reporting purposes.
Storage--The containment of a waste on a temporary basis that does not constitute disposal of the waste. It will be presumed that the containment of waste in excess of 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
Transportation--The offsite removal of solid waste at any time after generation.
Subchapter C. RULEMAKING PETITIONS Sec.
260a.20. Rulemaking petitions. 260a.30. Variances from classification as a solid waste. § 260a.20. Rulemaking petitions.
Each petition shall be submitted in accordance with Chapter 23 (relating to Environmental Quality Board--policy for processing petitions--statement of policy) instead of the procedures in 40 CFR 260.20(b)--(e) (relating to general).
§ 260a.30. Variances from classification as a solid waste.
The coproduct transition scheme is as follows:
(1) Those materials previously regulated as coproducts prior to May 1, 1999, and that are not otherwise excluded as solid wastes, continue to be regulated as if excluded from classification as a solid waste until a variance from classification as a solid waste under 40 CFR 260.30 (relating to variances from classification as a solid waste) is acted upon by the Department. The request for a variance shall be filed by May 1, 2001.
(2) To qualify under paragraph (1), a person producing, selling, transferring, possessing or using a material as a coproduct not exempt from regulation under other provisions of this article shall submit by May 1, 2001, awritten notification to the Department that the exemption in paragraph (1) applies to the person's activity.
CHAPTER 261. (Reserved) §§ 261.1--261.7. (Reserved).
§ 261.9. (Reserved).
§§ 261.20--261.24. (Reserved).
§§ 261.30--261.34. (Reserved).
§ 261.41. (Reserved).
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Subchap.
A. GENERAL
Subchapter A. GENERAL Sec.
261a.1. Incorporation by reference, purpose and scope. 261a.3. Definition of ''hazardous waste.'' 261a.4. Exclusions. 261a.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators. 261a.6. Requirements for recyclable materials. 261a.7. Residues of hazardous waste in empty containers. § 261a.1. Incorporation by reference, purpose and scope.
Except as expressly provided in this chapter, 40 CFR Part 261 and its appendices (relating to identification and listing of hazardous waste) are incorporated by reference. The substitution of terms in § 260a.3(a)(1) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 261.4(f)(1), 261.10 and 261.11 (relating to notification of treatability studies; criteria for identifying the characteristics of hazardous waste; and criteria for listing hazardous waste). The substitution of terms in § 260a.3(a)(3) does not apply to Appendix IX (relating to wastes excluded under §§ 260.20 and 260.22) of the CFR.
§ 261a.3. Definition of ''hazardous waste.''
40 CFR 261.3(c)(2)(ii)(C) (relating to certain non-wastewater residues such as slag resulting from HTMR processing of K061, K062 or F006 waste) is not incorporated by reference.
§ 261a.4. Exclusions.
In addition to the requirements incorporated by reference, a copy of the written state agreement required by 40 CFR 261.4(b)(11)(ii) (relating to exclusions) that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed for free phase hydrocarbon recovery operations shall be submitted to: Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, Post Office Box 8471, Harrisburg, Pennsylvania 17105-8471.
§ 261a.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) The reference to 40 CFR Part 279 in 40 CFR 261.5(c)(4) and (j) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) is replaced with Chapter 266a, Subchapter E (relating to waste oil burned for energy recovery).
(b) In addition to the requirements incorporated by reference, a conditionally exempt quantity generator may not dispose of hazardous waste in a municipal or residual waste landfill in this Commonwealth.
(c) A conditionally exempt small quantity generator complying with this subchapter and 40 CFR 261.5 is deemed to have a license for the transportation of those conditionally exempt small quantity generator wastes generated by the generator's own operation.
§ 261a.6. Requirements for recyclable materials.
(a) The reference to ''Part 279 of this chapter'' in 40 CFR 261.6(a)(4) (relating to requirements for recyclable materials) is replaced with one of the following:
(1) The residual waste regulations in Article IX (relating to residual waste management) if the waste oil is being recycled or reused in a manner other than burning for energy recovery.
(2) Chapter 266a, Subchapter E (relating to waste oil burned for energy recovery) if the waste oil is destined to be burned for energy recovery.
(b) 40 CFR 261.6(c) is not incorporated by reference.
(c) Instead of 40 CFR 261.6(c), owners and operators of facilities that store or treat recyclable materials are regulated under all applicable and incorporated provisions of 40 CFR Parts 264 and 265, Subparts A--L, AA, BB, CC and DD; 40 CFR Part 264 Subpart X; 40 CFR Parts 266 and 270, except as provided in 40 CFR 261.6(a).
(1) In addition, owners and operators of facilities regulated under this section are subject to the applicable provisions of:
(i) Chapter 264a and Chapter 265a, Subchapters A--L.
(ii) Chapter 264a, Subchapters X and DD
(iii) Chapters 266a and 270a.
(2) Recycling processes that are not treatment are exempt from regulation except as provided in 40 CFR § 261.6(d).
(3) The sizing, shaping or sorting of recyclable materials will not be considered treatment for purposes of this section.
(d) The requirements of §§ 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to facilities or those portions of facilities that store or treat recyclable materials.
§ 261a.7. Residues of hazardous waste in empty containers.
(a) Hazardous waste removed from either an empty container or an inner liner removed from an empty container, as defined in 40 CFR 261.7(b) (relating to residues of hazardous waste in empty containers), is subject to Chapters 261a--265a, 268a and 270a.
(b) For purposes of this section, the term ''containers'' includes tanks.
CHAPTER 262. (Reserved) §§ 262.10--261.13. (Reserved).
§ 262.20. (Reserved).
§ 262.23. (Reserved).
§ 262.30. (Reserved).
§ 262.33. (Reserved).
§ 262.34. (Reserved).
§§ 262.40--262.43. (Reserved).
§ 262.45. (Reserved).
§ 262.46. (Reserved).
§ 262.50. (Reserved).
§ 262.53. (Reserved).
§ 262.55. (Reserved).
§ 262.60. (Reserved).
§ 262.70. (Reserved).
§ 262.80. (Reserved).
CHAPTER 262a. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE Subchap.
A. GENERAL B. MANIFEST D. RECORDKEEPING AND REPORTING E. EXPORTS OF HAZARDOUS WASTE H. TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD I. SOURCE REDUCTION STRATEGY
Subchapter A. GENERAL Sec.
262a.10. Incorporation by reference, purpose, scope and applicability. 262a.12. EPA identification numbers. § 262a.10. Incorporation by reference, purpose, scope and applicability.
Except as expressly provided in this chapter, 40 CFR Part 262 and its appendices (relating to standards applicable to generators of hazardous waste) are incorporated by reference. In 40 CFR 262.10(g) (relating to purpose, scope and applicability) the term ''section 3008 of the act'' is replaced with ''Article VI of the Solid Waste Management Act (35 P. S. §§ 6018.601--6018.617).''
§ 262a.12. EPA identification numbers.
(a) Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.12 (relating to EPA identification numbers).
(b) In addition to the requirements incorporated by reference, a generator shall submit a subsequent notification to the Department if:
(1) The generator activity moves to another location.
(2) The generator facility's designated contact person changes.
(3) The ownership of the generator facility changes.
(4) The type of regulated activity that takes place at the generator facility changes.
Subchapter B. MANIFEST Sec.
262a.20. General requirements. 262a.21. Acquisition of manifests. 262a.22. Number of copies. 262a.23. Use of the manifest. § 262a.20. General requirements.
40 CFR 262.20(a)--(c) (relating to general requirements) is not incorporated by reference. In addition to the requirements incorporated by reference, a generator shall:
(1) Complete the manifest form in its entirety and distribute manifest copies in accordance with the instructions included with the manifest.
(2) List no more than four waste streams on one manifest. If the generator is transporting or offering for transportation more than four different hazardous waste streams for offsite treatment, storage or disposal, the generator shall complete additional manifest forms for the remaining waste streams in the shipment, unless the waste stream is a lab pack.
(3) Complete a continuation sheet, EPA Form 8700-22a, when there are more than two transporters, or for lab packs with more than four different waste streams in one shipment.
(4) Ensure that the required information on all copies, including photocopies, of the manifest is legible to the Department, transporter and designated facility.
(5) A generator shall designate only one permitted facility to handle the waste described on the manifest.
§ 262a.21. Aquisition of manifests.
The substitution of terms in § 260a.3(a)(5) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 262.21 (relating to acquisition of manifests).
§ 262a.22. Number of copies.
(a) 40 CFR 262.22 (relating to number of copies) is not incorporated by reference.
(b) The manifest shall consist of at least the number of copies which will provide the generator, each transporter and the owner or operator of the designated facility with one copy each for their records and which will allow the designated facility to send copies to the generator, generator state and destination state.
§ 262a.23. Use of the manifest.
(a) In addition to the requirements incorporated by reference:
(1) The generator shall enter the date of shipment in the designated space on the manifest.
(2) If the out-of-state manifest does not include generator-state copies which would be submitted to the Department, the generator shall submit copies, such as photocopies, of the manifest as signed by the generator and first transporter and as signed upon receipt by the designated facility.
(b) The substitution of terms in § 260a.3(a)(5) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 262.23(e) (relating to notification of shipments of hazardous waste to a facility in an authorized state which has not yet received authorization to regulate a newly designated hazardous waste).
Subchapter D. RECORDKEEPING AND REPORTING Sec.
262a.41. Biennial report. 262a.42. Exception reporting § 262a.41. Biennial report.
Regarding the requirements incorporated by reference, the following replaces the introductory paragraph in 40 CFR 262.41 (relating to biennial report):
A generator who ships hazardous waste offsite to a treatment, storage or disposal facility within the United States shall prepare and submit a single copy of a biennial report to the Department by March 1 of each even numbered year. The biennial report shall be submitted on EPA Form 8700--13A as modified by the Department, shall cover generator activities during the previous year and shall include the following information:§ 262a.42. Exception reporting.
Regarding the requirements incorporated by reference, the phrase ''for the region in which the generator is located'' contained in 40 CFR 262.42 (relating to exception reporting) is not incorporated by reference.
Subchapter E. EXPORTS OF HAZARDOUS WASTE Sec.
262a.55. Exception report. 262a.56. Annual reports. 262a.57. Recordkeeping. § 262a.55. Exception report.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart E (relating to exports of hazardous waste).
§ 262a.56. Annual reports.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).
§ 262a.57. Recordkeeping.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).
Subchapter H. TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD Sec.
262a.80. Applicability. § 262a.80. Applicability.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart H (relating to transfrontier shipments of hazardous waste for recovery within the OECD).
Subchapter I. SOURCE REDUCTION STRATEGY Sec.
262.100. Source reduction strategy. § 262a.100. Source reduction strategy.
(a) By January 17, 1994, a person or municipality that generates hazardous waste shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be signed by the person or municipality that generated the waste, be maintained on the premises where the waste is generated, be available on the premises for inspection by any representative of the Department and be submitted to the Department upon request. The strategy may designate certain production processes as confidential. This confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) For each type of waste generated, the strategy shall include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description shall quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality established a source reduction program. This program shall identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(3) If the person or municipality has not established a source reduction program as described in paragraph (2), it shall develop a strategy including the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when either of the following occurs:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If hazardous waste generated by a person or municipality will be treated, stored or disposed of at a solid waste management facility which has applied to the Department for approval to treat, store or dispose of the waste, the person or municipality that generated the hazardous waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility.
(e) This section does not apply to persons or municipalities that generate a total of less than 1,000 kilograms of hazardous waste in each month of the year.
(f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 261.41(a)(5)--(7) (relating to biennial report).
CHAPTER 263. (Reserved) § 263.10. (Reserved).
§ 262.11. (Reserved).
§ 262.13. (Reserved).
§§ 263.20--263.27. (Reserved).
§ 263.30. (Reserved).
§ 263.32. (Reserved).
CHAPTER 263a. TRANSPORTERS OF HAZARDOUS WASTE Subchap.
A. GENERAL B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING C. HAZARDOUS WASTE DISCHARGES D. BONDING
Subchapter A. GENERAL Sec.
263a.10. Incorporation by reference and scope. 263a.11. EPA identification number. 263a.12. Transfer facility requirements. 263a.13. Licensing. § 263a.10. Incorporation by reference and scope.
(a) Except as expressly provided in this chapter, 40 CFR Part 263 (relating to standards applicable to transporters of hazardous waste) is incorporated by reference.
(b) Relative to the requirements incorporated by reference, when used in 40 CFR 263.10 (relating to scope), the phrase ''Commonwealth of Pennsylvania'' shall be substituted for the phrase ''United States.''
§ 263a.11. EPA identification number.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations), does not apply in 40 CFR 263.11 (relating to EPA identification number).
§ 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
(1) A transporter storing hazardous waste at a transfer facility for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan. This plan shall be submitted under section 403(b)(10) of the act (35 P. S. § 6018.403(b)(10)) and approved in writing by the Department prior to the initiation of the storage.
(2) A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan. This plan shall be submitted under section 403(b)(10) of the act and shall be approved in writing by the Department.
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b), § 263a.30, § 261a.5(d), § 266a.70(1) or § 266b.50, a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
(b) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
(1) Comply with 40 CFR 263.11 (relating to EPA identification number).
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond conditional upon compliance by the licensee with the act, this article, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond shall conform to § 263a.32 (relating to bonding).
(4) Supply the Department with relevant additional information it may require.
(c) Upon receiving the application and the information required in subsection (b), the Department evaluates the application for a license and other relevant information and issues or denies the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.
(d) A license granted or renewed under this chapter is valid for 2 years unless the Department determines that circumstances justify issuing a license for less than 2 years. The expiration date will be set forth on the license.
(e) A license to transport hazardous wastes is nontransferable and nonassignable and usable only by the licensee and employes of the licensee.
(f) The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:
(1) Violation of an applicable requirement of the act or a regulation promulgated under the act.
(2) Aiding or abetting the violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.
(4) Failure to comply with the terms or conditions placed upon the license or renewal.
(5) Failure to comply with an order issued by the Department.
(6) Failure to maintain the required bond amount.
(g) The application for a license shall be accompanied by a check for $500 payable to the ''Commonwealth of Pennsylvania.'' The application for license renewal shall be accompanied by a check for $250 payable to the ''Commonwealth of Pennsylvania.''
(h) In addition to the fees required by subsection (g), the transporter shall submit a fee of $5 for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING Sec.
263a.20. Manifest system. 263a.21. Compliance with the manifest system. 263a.23. Hazardous waste transportation fee. 263a.24. Documentation of hazardous waste transporter fee submission. 263a.25. Civil penalties for failure to submit hazardous waste transporter fees. 263a.26. Assessment of penalties. § 263a.20. Manifest system.
(1) Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.
(2) In addition to the requirements incorporated by reference, a transporter shall print or type his name.
§ 263a.21. Compliance with the manifest.
In addition to the requirements incorporated by reference:
(1) A transporter may not accept or transport hazardous waste if the number or type of containers or quantity of waste to be transported does not correspond with the number, type or quantity stated on the manifest.
(2) A transporter shall assure the manifest is properly completed.
§ 263a.23. Hazardous waste transportation fee.
(a) A fee is assessed on hazardous waste transportation to or from a location within this Commonwealth which requires a manifest under § 263a.20, 40 CFR 263.20 and 40 CFR 263.21 (relating to the manifest system; and compliance with the manifest). Each of the following are considered a separate transportation activity, subject to assessment of a fee:
(1) Transport to a location within this Commonwealth from a location out-of-State.
(2) Transport from a location within this Commonwealth to a location out-of-State.
(3) Transport from one location to another within this Commonwealth.
(b) A hazardous waste transportation fee will not be assessed for:
(1) Onsite shipments of hazardous waste.
(2) Hazardous waste shipments through this Commonwealth not originating from, or destined for, a location within this Commonwealth.
(3) Shipments of hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), the Comprehensive Environmental Response Compensation and Liability Act of 1980 (P. L. 96-510, 94 Stat. 2767), known as the Federal Superfund Act (42 U.S.C.A. §§ 9601--9675), Title II of the Solid Waste Disposal Act (42 U.S.C.A. §§ 6901--6987) or the act.
(c) A transporter delivering a shipment of hazardous waste to a designated facility or recycler in this Commonwealth shall pay the transportation fees. If a shipment is destined for a location outside this Commonwealth, the transportation fee will be paid by the transporter that accepts the hazardous waste from a Commonwealth generator or other hazardous waste management location within this Commonwealth.
(d) A transporter shall remit to the Department hazardous waste transportation fees due for each quarter, accompanied by the forms required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission).
(e) Payment of the fees, accompanied by the completed forms required by § 263a.24, shall be postmarked or received by the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission deadline falls on a weekend or State holiday, the report shall be postmarked or received on or before the next business day after the 20th.
(f) Payment shall be by check or money order, payable to ''The Hazardous Sites Cleanup Fund,'' and forwarded with the accompanying forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.
(g) Fees shall be calculated based on standard tons. For purposes of this section:
(1) A standard ton equals 2,000 pounds.
(2) A metric ton is converted to a standard ton by dividing the metric ton by a factor of 0.91.
(3) Liquid wastes shall be converted to tons as follows:
(i) Standard measure gallons are converted to tons using a factor of 8 pounds per gallon.
(ii) Liters are converted to tons using a factor of 2.1 pounds per liter.
(4) Cubic yards and cubic meters are converted to standard tons using a factor of 1 ton per each of these units, or part thereof.
(h) Fees are based on the quantities listed on the manifest by the treatment, storage or disposal facility (TSD) or, when not specified by the TSD, as provided by the generator.
§ 263a.24. Documentation of hazardous waste transporter fee submission.
(a) A transporter receiving or delivering hazardous waste to or from a site in this Commonwealth shall submit specific information to the Department to document that the amount of fees submitted under § 263a.23 (relating to hazardous waste transportation fee) is accurate. This information shall be provided on forms provided or approved by the Department.
(1) A transporter who has transported hazardous waste during a quarter shall submit completed forms ER-WM-55G and ER-WM-55H, or their successor documents, with the appropriate fees.
(2) A transporter who has not transported hazardous waste during a quarter shall submit only form ER-WM-55G.
(b) The required forms shall be completed by the applicant in conformance with instructions provided.
(c) A transporter shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste transportation activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.
§ 263a.25. Civil penalties for failure to submit hazardous waste transporter fees.
(a) The Department may assess a civil penalty for:
(1) Failure to submit the hazardous waste transportation fees as required by § 263a.23(d) (relating to hazardous waste transportation fee), failure to submit properly completed documents required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission) or failure to meet the time schedule for submission established by § 263a.23(e).
(2) Intentional submission of falsified information relating to hazardous waste transportation fees required by this chapter and the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
(3) Failure of a transporter to submit documentation confirming that no fee was due for the preceding quarter.
(b) This section does not preclude the Department from assessing a civil penalty for a violation of the act, the Hazardous Sites Cleanup Act or this article.
§ 263a.26. Assessment of penalties.
(a) Consistent with section 605 of the act (35 P. S. § 6018.605) and section 1104 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.1104) and the regulations thereunder, this section sets forth civil penalties for certain violations. This section does not limit the Department's authority to assess a higher penalty for the violations identified in this section, or limit the Department's authority to proceed with appropriate criminal penalties.
(b) If a person or municipality fails to submit the hazardous waste transportation fees as required by § 263a.23(d) (relating to hazardous waste transportation fee), fails to submit properly completed documents required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission) or fails to meet the time schedule for submission established by § 263a.23(e), the Department may assess a minimum civil penalty of $500 for submissions which are less than 15 days late, and $500 per day for each day thereafter.
(c) If a person or municipality falsifies information relating to hazardous waste transportation fees required by this chapter and the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), the Department may assess a civil penalty of $1,000.
(d) Failure to comply with the fee payment and documentation requirements of this chapter constitutes grounds for suspension or revocation of a hazardous waste transporter license, denial of issuance or renewal of a license, and for forfeiture of the hazardous waste transporter's collateral bond, in addition to civil penalties set forth in this section.
Subchapter C. HAZARDOUS WASTE DISCHARGES Sec.
263a.30. Immediate action. § 263a.30. Immediate action.
In addition to the requirements incorporated by reference, in the event of a discharge or spill of hazardous waste during transportation, the transporter shall immediately notify the Department by telephone at (717) 787-4343.
Subchapter D. BONDING Sec.
263a.32. Bonding. § 263a.32. Bonding.
(a) A collateral bond means an indemnity agreement in a certain sum payable to the Department executed by the licensee and which is supported by the deposit with the Department of cash, negotiable bonds of the United States of America, the Commonwealth of Pennsylvania, the Turnpike Commission, the General State Authority, the State Public School Building Authority or a Commonwealth municipality, or an irrevocable letter of credit of any bank organized or authorized to transact business in the United States.
(b) A new, revised or renewed license to transport hazardous waste may not be issued by the Department before the applicant for a license has filed a collateral bond payable to the Department on a form provided or approved by the Department, and the bond is approved by the Department.
(c) The bond shall be in an amount sufficient to assure that the licensee faithfully performs the requirements of the act, the regulations promulgated thereunder, the terms and conditions of the license and any Department order issued to the licensee, but a minimum of $10,000.
(d) Liability under the bond shall continue at a minimum for the duration of the license, any renewal thereof and for a period of 1 year after expiration, termination, revocation or surrender of the license. The 1-year extended period of liability shall include, and shall be automatically extended for, additional time during which administrative or legal proceedings are pending involving a violation by the transporter of the act, regulations promulgated thereunder, the terms or conditions of a license or a Department order.
(e) The Department may require additional bond amounts at any time if the methods of transporting wastes change, the kinds of wastes transported change or the Department determines the additional bond amounts are necessary to guarantee compliance with the act, regulations, the terms and conditions of the license or a Department order.
(f) Collateral bonds are subject to the following conditions:
(1) The Department will obtain possession of and keep in custody all collateral deposited by the licensee until authorized for release as provided in this section.
(2) The Department will value collateral at its current market value.
(3) Collateral shall be in the name of the licensee, not in the name of third parties and shall be pledged and assigned to the Department free and clear of claims.
(g) Letters of credit are subject to the following conditions:
(1) The letter may only be issued by a bank organized or authorized to do business in the United States.
(2) Letters of credit are irrevocable. The Department may accept a letter of credit not revocable for a term of 3 years if:
(i) The letter of credit is automatically renewable for additional terms, unless the bank gives at least 90 days prior written notice to the Department of its intent to terminate the credit at the end of the current term.
(ii) The Department has the right to draw upon the credit before the end of its term and convert it into a cash collateral bond if the licensee fails to replace the letter of credit with other acceptable collateral within 30 days of the bank's notice to terminate the credit.
(3) The letter of credit shall be payable to the Department in part or in full upon demand of the Department in the case of a forfeiture or the failure of the owner or operator to replace the letter of credit as provided in this section.
(4) The Department will not accept letters of credit from a bank for a licensee in excess of 10% of the bank's capital surplus account as shown on a balance sheet certified by a certified public accountant.
(5) Letters of credit are subject to the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 290, including amendments and successor publications.
(6) Letters of credit provide that the bank will give prompt notice to the licensee and the Department of a notice received or action filed alleging the insolvency or bankruptcy of the bank or alleging violations of regulatory requirements that could result in suspension or revocation of the bank's charter or license to do business.
(h) Upon the incapacity of a bank by reason of bankruptcy, insolvency or suspension or revocation of its charter or license, the licensee is deemed to be without collateral bond coverage in violation of § 263a.13 (relating to licensing). The Department will issue a notice of violation against a licensee who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed 90 days.
(i) Bonds not declared forfeit in accordance with subsection (j) are released to the licensee 1 year after expiration, termination, revocation or surrender of the license.
(j) The Department will declare forfeit all a licensee's bonds if the Department finds that the licensee violated any requirements of the act, this article, terms and conditions of a license or a Department order issued to the licensee when the Department finds that the licensee failed to remedy a violation promptly.
(k) Remedies provided in law for violation of the act, this article or the conditions of the license, are expressly preserved. Nothing in this section may be construed as an exclusive penalty or remedy for the violations of law. An action taken under this chapter does not waive or impair another remedy or penalty provided in law.
CHAPTER 264. (Reserved) § 264.1. (Reserved).
§§ 264.11--264.17. (Reserved).
§§ 264.31--264.35. (Reserved).
§ 264.37. (Reserved).
§§ 264.51--264.56. (Reserved).
§§ 264.70--264.82. (Reserved).
§ 264.90. (Reserved).
§ 264.91. (Reserved).
§§ 264.96--264.100. (Reserved).
§§ 264.110--264.115. (Reserved).
§§ 264.117--264.119. (Reserved).
§ 264.140. (Reserved).
§§ 264.171--264.180. (Reserved).
§§ 264.190--264.199. (Reserved).
§§ 264.220--264.225. (Reserved).
§§ 264.227--264.231. (Reserved).
§§ 264.250--264.258. (Reserved).
§§ 264.270--264.273. (Reserved).
§ 264.276. (Reserved).
§§ 264.278--264.282. (Reserved).
§§ 264.300--264.305. (Reserved).
§ 264.309. (Reserved).
§ 264.310. (Reserved).
§§ 264.312--264.316. (Reserved).
§§ 264.340--264.345. (Reserved).
§ 264.347. (Reserved).
§§ 264.351--264.353. (Reserved).
§§ 264.500--264.505. (Reserved).
§§ 264.520--264.522. (Reserved).
§§ 264.600--264.603. (Reserved).
Appendices A--E. (Reserved).
CHAPTER 264a. 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 F. RELEASES FROM SOLID WASTE MANAGEMENT UNITS G. CLOSURE AND POST-CLOSURE H. FINANCIAL REQUIREMENTS I. USE AND MANAGEMENT OF CONTAINERS J. TANK SYSTEMS K. SURFACE IMPOUNDMENTS L. WASTE PILES M. LAND TREATMENT N. LANDFILLS W. DRIP PADS DD. CONTAINMENT BUILDINGS
Subchapter A. GENERAL (Editor's Note: The provisions of Subchapter S adopted May 1, 1999, effective upon delegation of the corrective action program to the Department by the EPA.)
Sec.
264a.1. Incorporation by reference, purpose, scope and reference. § 264a.1. Incorporation by reference, purpose, scope and reference.
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 264 and its appendices (relating to standards for owners and operators of hazardous waste treatment, storage, and disposal facilities) are incorporated by reference.
(b) Relative to the requirements incorporated by reference:
(1) 40 CFR 264.1(f) (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) and Appendix VI (relating to political jurisdictions in which compliance with 40 CFR 264.18(a) (relating to location standards) shall be demonstrated are not incorporated by reference.
(2) Instead of 40 CFR 264.1(b), this chapter applies to an owner or operator of facilities which treat, store or dispose of hazardous waste in this Commonwealth, except as specifically provided in this chapter, Chapters 261a and 266a and § 270a.60 (relating to identification and listing of hazardous waste; standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities; and permits by rule).
(3) Instead of 40 CFR 264.1(g)(2), this chapter does not apply to the owner or operator of a facility managing recyclable materials described in 40 CFR 261.6(a)(2)--(4) (relating to requirements for recyclable materials) except to the extent the requirements are referred to in Chapter 266a, Subchapters C, E, F, G or § 270a.60.
(4) 40 CFR 264.1(g)(6) (relating to elementary neutralization unit and wastewater treatment unit) is not incorporated by reference. The owner or operator of an elementary neutralization unit or wastewater treatment unit may satisfy permitting requirements by complying with § 270a.60(b)(1).
(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 universal wastes).
Subchapter B. GENERAL FACILITY STANDARDS Sec.
264a.11. Identification number and transporter license. 264a.12 Required notices. 264a.13. General and generic waste analysis. 264a.15. General inspection and construction inspection requirements. 264a.18. Location standards. § 264a.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 EPA identification number and a license from the Department, except as otherwise provided. The licensing requirement does not apply to conditionally exempt small quantity generators transporting their own hazardous waste provided that the conditionally exempt small quantity generator is in compliance with § 261.5(d) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators), transporters transporting recyclable materials utilized for precious metal recovery in compliance with § 266a.70(1) (relating to applicability and requirements for recyclable materials utilized for precious metal recovery) or universal waste transporters in compliance with § 266b.50 (relating to applicability of standards for universal waste transporters).
§ 264a.12. Required notices.
The substitution of terms as specified in § 260a.3(a)(1) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 264.12 (relating to required notices).
§ 264a.13. General and generic waste analysis.
(a) In addition to the requirements incorporated by reference, before an owner or operator of a facility that treats, stores or disposes of a specific hazardous waste from a specific generator for the first time, the owner or operator shall submit to the Department a notification that the facility intends to accept an additional waste stream generated by the specified generator. This notification shall include information that is specified in the facility's permit.
(b) If the notification information required in subsection (a) is not required by the facility's permit, the owner or operator shall submit the information required by § 265a.13 (relating to general and generic waste analysis) until the permit is amended to require the notification information.
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