[30 Pa.B. 6685]
[Continued from previous Web Page]
PROGRAM ELEMENTS § 272.426. Alternative to curbside program.
(a) The governing body of a municipality that is required by this subchapter to develop and implement a curbside recycling program may request the Department to approve an alternative recycling program. This alternative may include recycling services by a municipal waste landfill or resource recovery facility, or recycling facility.
(b) The Department will not approve an alternative recycling program unless the municipality demonstrates the following to the Department's satisfaction:
(1) The facility in which recycling would be performed has a municipal waste management permit from the Department under this article.
(2) The facility, or a substantially similar model of the facility, has effectively processed municipal waste in the United States for at least 2 years. To meet this requirement, a facility shall have:
(i) Operated at no less than 90% of its capacity for the 2-year period, and processed municipal waste during this period that is substantially similar to waste generated by the requesting municipality that would be processed in the future.
(ii) Recycled and marketed 25% of waste that is received and be capable of recycling 25% of waste in the future, based on contractual arrangements and other factors. Products derived from municipal waste which will be incinerated, whether for energy production or not, or products derived and then disposed, do not qualify as a contribution to the 25% recycling requirement. Materials extracted from municipal waste for recycling purposes, including compost, and marketed qualify.
(3) The materials recovered or created by the facility can be marketed as readily as materials collected through a curbside program. The operator shall show where materials are sent for recycling during the life of the demonstration period, even if it is not the same facility.
(4) The alternative program is preferable to a curbside recycling program, based on a detailed analysis of the comparative economic costs, including avoided costs, and environmental benefits of each program.
(c) Immediately upon filing the request, the municipality shall publish a written notice of its request for at least 1 week in a newspaper of general circulation in the area where the municipality is located. The notice shall include a brief description of the nature of the alternative program and the municipiality's economic and environmental justification for the alternative program.
(d) A request for approval of an alternative recycling program may not be construed to allow the delay or suspension of development or implementation of a curbside recycling program pending the Department's decision on the request. An approval of an alternative recycling program may not be construed to allow the delay or suspension of development or implementation of a curbside recycling program pending the availability for use of the alternative program.
(e) The Department may revoke approval granted under this section if the alternative recycling program is not meeting the requirements of this section or is not operating in accordance with the terms of the municipality's request to the Department under this section.
Subchapter F. HOUSEHOLD HAZARDOUS WASTE COLLECTION
REGISTRATION AND APPROVAL OF PROGRAMS § 272.513. Contract.
The application shall include a negotiated contract between the person or municipality and the collection contractor. The contract shall meet the following requirements:
(1) The contract shall establish the responsibilities of each party for the safe collection, transportation and disposal or treatment of household hazardous waste that is deposited at the collection event in accordance with the statutes and regulations of the Commonwealth and the United States.
(2) The contract shall require that the collection contractor will provide the person or municipality with a statement that lists the names and qualifications of personnel accepting waste at the collection event.
(3) The contract shall provide for the cleanup of the collection site and certification of the cleanup of the site by both parties.
CHAPTER 273. MUNICIPAL WASTE LANDFILLS
Subchapter B. APPLICATION REQUIREMENTS
PHASE I APPLICATION REQUIREMENTS § 273.111. General.
The Phase I application shall:
(1) Comply with §§ 273.112--273.122 (relating to Phase I application requirements).
(2) Comply with Chapter 271 Subchapter B (relating to general requirements for permits and permit applications).
§ 273.112. Facility plan.
An application to operate a municipal waste landfill shall contain a narrative describing the following:
(1) The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.
(2) A detailed description of the volume of soil needed to construct and operate the facility and of the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.
§ 273.113. Maps and related information.
(a) An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals, including necessary narrative descriptions, which shows the following:
(1) The boundaries and names of present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; the boundaries of the land within the proposed permit area; and a description of title, deed or usage restrictions affecting the proposed permit area.
* * * * * (c) A different scale for the topographic map required in subsection (a) may be used if approved in writing by the Department.
§ 273.114. Description of geology, soils and hydrology--general requirements.
In preparing the soils, geology and hydrology descriptions required by §§ 273.115--273.122, the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with §§ 273.115--273.119 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.
§ 273.115. Geology and groundwater description.
(a) An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:
(1) The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.
(2) Stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.
(3) The hydrologic characteristics of each acquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.
(4) The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.
(5) The uses of each aquifer.
(6) Aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.
(7) Extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by § 273.120 (relating to mineral deposits information).
(8) The well head protection areas in accordance with § 109.1 (relating to definitions) that may be impacted by the facility.
(9) A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.
(b) A boring or coring not cased and capped or not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.
§ 273.116. Groundwater quality description.
(a) An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters of monitoring data, one of which shall include the season of the highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:
(1) Ammonia-nitrogen, chloride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, total organic carbon, total phenolics, iron, manganese and sodium.
(2) Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethyl benzene, benzene and xylene.
(3) Groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.
(4) Total alkalinity, fluoride and sulfate and total and dissolved concentrations of each of the following: arsenic, barium, cadmium, chromium, copper, lead, magnesium, mercury, potassium, selenium, silver and zinc.
(5) 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, 1,1,2-trichloroethane, 1,2,3-trichloropropane, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 1,2-dichloropropane, 3-chloro-1-propene, 4-methyl-2-pentanone, bromomethane, carbon tetrachloride, chlorobenzene, chlorodibromomethane, chloroethane, chloromethane, cis-1,3-dichloropropene, trans-1,3-dichloropropene, dichlorodifluoromethane, methyl ethyl ketone, tri-bromomethane and trichlorofluoromethane.
(6) Ten volatile organic compounds not otherwise identified in this section, based on those compounds showing the greatest apparent concentration from the peaks of a mass spectra of each sample. The ten compounds shall be identified but their concentration does not require measurement.
(b) One year of data consistent with this section shall be taken prior to the disposal or storage of waste at the facility.
(c) Monitoring wells under this section shall be designed, constructed and maintained under §§ 273.281--273.283 (relating to general requirements; number, location and depth of monitoring points; and standards for wells and casing of wells). Sampling and analysis shall be conducted in accordance with a plan approved by the Department under § 273.152(b) (relating to water quality monitoring plan).
§ 273.117. Soil description.
(a) An application shall contain:
(1) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that seasonal high water table will not contact the liner system.
(2) A description of soils to be used for daily, intermediate and final cover, and facility construction, including texture, chemical description, laboratory particle size analysis and quantity. A cross section of the borrow pits within the proposed permit area shall be included.
(b) In preparing the soils description and elevations, the applicant shall:
(1) Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area, and each onsite or offsite borrow area.
(2) Use the following soil classification systems:
(i) For daily, intermediate and final cover, the United States Department of Agriculture Soil Classification System.
(ii) For the liner system, site construction and other noncover uses, the Unified Soil Classification System.
(3) Conduct required laboratory particle size analysis according to ASTM D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analyses.
§ 273.120. Mineral deposits information.
(a) If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:
(1) Maps and plans showing previous mining operations underlying the proposed facility.
(2) An investigation, with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and any measures which have been or will be taken to stabilize the surface.
(b) If the proposed permit area or adjacent area overlies recoverable or mineable coals, the applicant shall meet one of the following requirements:
(1) The applicant shall demonstrate that the applicant owns the coal and warrants that the coal will not be mined as long as waste remains on the site.
(2) The applicant shall meet the following requirements:
(i) The applicant owned or entered into an enforceable option contract to purchase land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.
(ii) The applicant submits a written agreement executed prior to December 23, 2000, that demonstrates that coal providing support will not be mined as long as waste remains on the site.
§ 273.121. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Department of Transportation, the Federal Aviation Administration and the airport if a proposed landfill or expansion is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.
PHASE II APPLICATION REQUIREMENTS--GENERAL PROVISIONS § 273.132. Operation plan.
An application shall contain a description of the municipal waste landfill operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:
(1) A narrative describing the type and method of municipal waste landfill procedures, procedures for inspection and monitoring of incoming waste, sequence of landfilling activity, type of landfilling activity, proposed engineering techniques and the major equipment to be used under § 273.215 (relating to equipment), using the maps and grids required by § 273.133 (relating to map and grid requirements) as a basis for the description.
(2) A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use as follows:
(i) Dams, embankments, ditches and other impoundments.
(ii) Borrow pits, soil storage and handling areas and structures.
(iii) Scales and weigh station, if required.
(iv) Water and air pollution control facilities.
(v) Erosion control facilities.
(vi) Equipment storage and maintenance buildings, and other buildings.
(vii) Access roads.
(3) A construction schedule and sequence of operations tied to the grid coordinate system required by § 273.211 (relating to signs and markers), a site preparation plan and a schedule for disposing of solid waste at the site, including the maximum daily weight or volume of waste that will be received at the facility.
(4) An explanation of how the applicant intends to comply with § 273.214 (relating to measurement and inspection of waste).
(5) A plan for assuring that solid waste received at the facility is consistent with § 273.201 (relating to basic limitations).
(6) The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.
§ 273.133. Map and grid requirements.
(a) An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:
(1) The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of landfilling and closure.
(2) A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.
(3) Buildings, utility corridors and facilities which will be used in the operation.
(4) The areas of land for which a bond will be posted under Chapter 271, Subchapter D (relating to financial assurances requirements).
(5) The solid waste storage, processing or unloading areas.
(6) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(7) Location and elevation of the permanent physical markers for the grid coordinate system under subsection (b).
(8) The gas management, collection and control facilities.
(9) The boundaries of construction activities.
(10) The location of barriers, fences and similar structures required by § 273.212 (relating to access control).
(11) The location of each sedimentation pond, permanent water impoundment or similar facility.
(12) The location of access roads to the site, including slopes, grades and lengths of the roads.
(13) The location and identification of monitoring wells.
(14) A designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department's Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities, Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.
(b) The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be tied to the benchmark and the baseline.
§ 273.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, under § 273.213 (relating to access roads).
§ 273.136. Nuisance minimization and control plan.
(a) The application shall contain a plan in accordance with § 273.218 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust and other nuisances not otherwise provided for in the permit application.
(b) The plan shall include the following:
(1) Provisions for the routine assessment and control of vector infestation.
(2) Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.
(3) For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.
(c) The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.
§ 273.139. Relationship to county plans.
(a) This section requires the submission of certain information in the permit application when the Department has given final approval to a municipal waste management plan for the county in which the proposed facility, or proposed additional capacity for a facility, would be located, and the county has submitted to the Department legal documents necessary to implement the plan under § 272.245 (relating to submission of implementing documents).
(b) An application shall contain the following:
(1) An explanation of whether the proposed facility is provided for in the approved plan for the host county. A facility is ''provided for'' if it is designated by the host county to provide capacity assurance in the approved host county plan. A facility analyzed as part of a planning process, but not designated, will not be considered ''provided for.''
(2) If the proposed facility is not provided for in the approved host county plan:
(i) A detailed explanation of whether the proposed facility will interfere with implementation of the approved plan.
(ii) A detailed explanation of whether the proposed facility will interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.
(iii) A detailed response to objection, if any, filed by the governing body of the host county within 60 days of the written notice under section 504 of the act (35 P. S. § 6018.504).
§ 273.140. Daily volume.
(a) The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on §§ 271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment), as well as section 1112 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1112).
(b) The application for a permit modification to increase daily volumes shall include calculations demonstrating that increased daily volumes will not reduce the remaining lifetime of a landfill based on its remaining permitted capacity to less than 3 years from the date of issuance of the permit modifications.
(c) The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed quarterly by averaging the total volume received over the quarter.
§ 273.140a. Radiation protection action plan.
(a) An application shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.
(b) The action plan shall be prepared in accordance with the Department's ''Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,'' Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(c) The action plan shall be incorporated into the landfill's approved waste analysis plan, under § 271.613 (relating to waste analysis plan).
PHASE II APPLICATION REQUIREMENTS--COVER AND REVEGETATION § 273.141. Compaction and cover plan.
An application shall contain a plan for compaction and cover at the proposed facility under § 273.216 (relating to unloading and compaction) and §§ 273.232--273.234 (relating to daily cover; intermediate cover and slopes; and final cover and grading), including, at a minimum, the following information:
(1) The procedures for placement and compaction of solid waste and the degree of compaction of waste.
(2) The number and thickness of lifts.
(3) The materials and procedures for application of daily, intermediate and final cover material, that meet the standards of §§ 273.232--273.234.
(4) The procedures to establish intermediate and final elevations for the landfill.
PHASE II APPLICATION REQUIREMENTS--
WATER QUALITY PROTECTION MONITORING§ 273.152. Water quality monitoring plan.
(a) An application shall contain a water quality monitoring plan showing how the operator intends to comply with §§ 273.281--273.288 (relating to water quality monitoring). The plan shall include, at a minimum, the following:
(1) The number, location and depth of proposed monitoring points.
(2) Preoperational data showing existing groundwater quality, as required by § 273.116 (relating to groundwater quality description), and a procedure to establish this groundwater quality.
(b) The application shall contain a groundwater sampling and analysis plan. The plan shall include:
(1) Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.
(2) Department-approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituent, leachate or constituent of decomposition in the groundwater.
(3) Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.
(c) The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department's satisfaction with a detailed hydrogeologic study:
(1) The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.
(2) The proposed alternate system is capable of completely and accurately identifying groundwater degradation and pollution from the proposed facility.
PHASE II APPLICATION REQUIREMENTS--LINERS AND LEACHATE MANAGEMENT § 273.161. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with §§ 273.251--273.260 (relating to liner system), including the following:
(1) Design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial life of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial life of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner's ability to restrict the flow of solid waste, solid waste constituents or leachate, based on the most recent edition of EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives in writing any of the following for nonsynthetic secondary liners, these properties shall include, at a minimum:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength--(percentage of liner strength).
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction angle in degress.
(14) Stress crack resistance.
(15) Oxative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
§ 273.163. Modifications of leachate treatment plan.
(a) If a problem identified in § 273.277 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under § 271.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.
(b) The Department may approve permit modification applications under § 271.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in § 273.273(a) (relating to leachate transportation), if the following apply:
(1) The applicant complies with § 273.162(b) (relating to leachate treatment plan).
(2) The applicant has obtained the necessary permits to construct and operate a leachate treatment system under § 273.272 (relating to basic treatment methods).
(3) Leachate transportation from the facility has not caused or contributed to surface water or groundwater pollution.
(4) The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1 year term of the proposed permit modification.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and regulations promulgated thereunder, and is otherwise capable of accepting and treating leachate from the landfill.
(6) The landfill has a remaining permitted life, based on permitted capacity, of at least 3 years.
PHASE II APPLICATION REQUIREMENTS--CLOSURE PROVISIONS § 273.192. Closure plan.
(a) The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.
(b) The closure plan shall include:
(1) A plan for the decontamination and removal of equipment, structures and related material from the facility.
(2) An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.
(3) A description of the steps necessary for closure if the facility closes prematurely.
(4) A narrative description, including a schedule, of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to:
(i) Water quality monitoring.
(ii) Gas control and monitoring.
(iii) Leachate collection and treatment.
(iv) Erosion and sedimentation control.
(v) Revegetation and regrading, including maintenance of the final cover.
(vi) Access control, including maintenance of access control.
(5) A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of projected post-closure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.
(6) The name, address and telephone number at which the operator can be reached during the postclosure period.
§ 273.196. Recycling plan.
An application shall contain a plan for salvaging and recycling waste materials received at the facility for which recycling is cost effective, including proposed salvage areas, salvaging methods and anticipated markets for salvaged materials under § 273.331 (relating to salvaging of materials).
§ 273.197. Plan for recycled materials collection center.
An application shall include a plan consistent with § 273.332 (relating to recycled materials collection center).
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 273.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a municipial waste landfill unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 273.116 (relating to groundwater quality description) without a permit from the Department if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter. The monitoring information may be used for a permit application for the proposed facility.
(c) A person or municipality that operates a municipal waste landfill shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act.
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(d) A person or municipality may not allow special handling waste or residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility, in the permit, under Subchapter D (relating to additional application requirements for special handling and residual wastes).
(e) The operator may not allow explosive waste to be disposed at the facility.
(f) Hazardous waste subject to Article VII (relating to hazardous waste management), may not be disposed, processed or stored where a municipal waste landfill is operated.
(g) Except to the extent that leachate recirculation is allowed in the permit under § 273.162 (relating to leachate treatment plan), bulk or noncontainerized liquid waste may not be disposed at a municipal waste landfill. Containers holding free liquids may not be disposed unless the container is less than 1 gallon in size, except as otherwise provided in the permit.
(h) Lead acid batteries may not be disposed at the facility.
(i) A person or municipality may not allow solid waste to be received, disposed or otherwise managed at the facility if the transportation to, or processing or management at, the facility would violate applicable laws in effect in the county or state in which the waste was generated, or state or local solid waste management plans in effect where the waste was generated.
(j) Loads composed primarily of leaf waste may not be disposed at the facility.
(k) The approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless a later date is authorized in writing by the Department for technical reasons.
(l) The following radioactive material controlled under specific or general license or order authorized by any Federal, State or other government agency may not be disposed at the facility, unless specifically exempted from disposal restrictions by an applicable State or Federal statute or regulation:
(1) Naturally occurring and accelerator produced radioactive material.
(2) Byproduct material.
(3) Source material.
(4) Special nuclear material.
(5) Transuranic radioactive material.
(6) Low-level radioactive waste.
(m) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department, and the disposal does not endanger the environment, facility staff or public health and safety:
(1) Short-lived radioactive material from a patient having undergone a medical procedure.
(2) TENORM.
(3) Consumer products containing radioactive material.
(n) The limitations in subsections (l) and (m) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.
§ 273.202. Areas where municipal waste landfills are prohibited.
(a) Except as provided in subsections (b) and (c), a municipal waste landfill may not be operated as follows:
(1) Floodplain. In the 100-year floodplain of waters of this Commonwealth.
(2) Wetland.
(i) In or within 300 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
(ii) For a new municipal waste landfill permitted on or after December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following applies:
(A) If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(B) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(3) Coal--existing facility. For an area permitted as a municipal waste landfill between April 9, 1988, and December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless the operator of the facility demonstrates and the Department finds, in writing, that the operator owns the underlying coal, or has entered an agreement with the owner of the coal to provide support.
(4) Coal--expansion. For an expansion of a municipal waste landfill permitted between April 9, 1988, and December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless one of the following is met:
(i) The applicant owns the underlying coal.
(ii) The following requirements are met:
(A) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.
(B) Coal providing support for the expansion area will not be mined as long as waste remains on the site, as demonstrated under § 273.120 (relating to mineral deposits information).
(5) Coal--new landfill. For a new municipal waste landfill permitted on on after December 23, 2000, in coal bearing areas underlain by recoverable or mineable coal, unless the permittee owns the underlying coal.
(6) Valley, ravine or head of hollow. In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105 (relating to dam safety and waterway management).
(7) Limestone or carbonate formation. In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet thick and present at the topmost geologic unit. These areas include areas mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of limestone and carbonate formations under the site.
(8) Occupied dwelling--existing facility. Except as provided in paragraphs (9) and (10), a municipal waste landfill or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in paragraphs (9) and (10), the disposal area of the landfill may not be within 500 feet measured horizontally from an occupied dwelling unless the current owner of the dwelling has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
(9) Occupied dwelling--expansion. For a permitted municipal waste landfill that was operating and not closed as of December 23, 2000, or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal waste landfill, an expansion permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:
(i) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(ii) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(10) Occupied dwelling--new landfill. A new municipal waste landfill permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed landfill that submits an application to reopen and expand shall also be subject to this paragraph.
(11) Occupied dwelling--access road. Notwithstanding the prohibitions in paragraphs (9) and (10), an access road to a municipal waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(12) Perennial stream. Within 100 feet of a perennial stream unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(13) Property line. Within 100 feet of a property line, unless one of the following applies:
(i) Actual disposal will not occur within 100 feet of a property line.
(ii) The current owner has provided a written consent to the facility being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
(14) Airport--FAA certified. For areas permitted on or after April 9, 1988, and before January 25, 1997:
(i) Within 10,000 feet--or 3,048 meters--of a runway that is or will be used by turbine-powered aircraft at a Federal Aviation Administration (FAA) certified airport during the term of the permit.
(ii) Within 5,000 feet--or 1,524 meters--of a runway that is or will be used by piston-type aircraft at an FAA-certified airport during the life of disposal operations under the permit.
(15) Airport. Except for areas that were permitted prior to January 25, 1997, a municipal waste landfill may not be operated as follows:
(i) Within 10,000 feet--or 3,048 meters--of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.
(ii) Within 5,000 feet--or 1,524 meters--of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.
(16) Airport--navigable airspace. The following relate to airports:
(i) Conical area. For areas permitted prior to December 23, 2000, within the conical area at 14 CFR Part 77 (relating to objects affecting navigable airspace) for runway flight paths that are or will be used by turbine-powered or piston-type aircraft during the life of disposal operations under the permit.
(ii) Obstruction. For areas permitted on or after December 23, 2000, in a manner in which any portion of the landfill would be an obstruction to air navigation under 14 CFR § 77.23(a)(5) (relating to standards for determining obstructions).
(17) Water source. Within 1/4-mile upgradient, and within 300 feet or 91.4 meters downgradient, of a private or public water source for disposal, processing and storage areas, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator's expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.
(iii) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.
(18) School, park or playground.
(i) For a municipal waste landfill permit issued on or after September 26, 1988, except an expansion of a municipal waste landfill permitted prior to September 26, 1988, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) The isolation distances identified in subsection (a)(2), (3), (6)--(8), (11)--(14), (16)(i) and (17) do not apply to areas that were permitted as a municipal waste landfill prior to April 9, 1988, and included in a municipal waste landfill permit issued between April 9, 1988, and December 23, 2000, as long as the permit did not become void under § 271.211(e) (relating to term of permits).
(c) The isolation distances identified in subsection (a) do not apply for purposes of conducting postclosure activities for areas permitted as a municipal waste landfill prior to December 23, 2000.
(d) Except as provided in subsection (e), this section does not apply to features that may come into existence after the date of the first newspaper notice of the filing of a permit application under § 271.141 (relating to public notice by applicant).
(e) This section does not apply to features that may come into existence after the date of the first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a notice of intent to file an application for a municipal waste landfill permit. The notice, which is separate from the newspaper notice required by § 271.141, shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the area where the facility is proposed to be located. The notice shall include a brief description of the location and proposed operation of the facility.
(2) The person or municipality files an administratively complete application under § 271.202 (relating to receipt of application and completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.
§ 273.203. Certification.
(a) The operator shall submit a certification by a registered professional engineer on forms provided by the Department upon completion of each major construction activity identified in the permit for each phase or sequence of construction at the facility. Major construction activities include:
(1) Construction of the groundwater monitoring system.
(2) Construction of the subbase.
(3) Construction of the secondary liner.
(4) Construction of the leachate detection zone.
(5) Construction of the primary liner.
(6) Construction of the protective cover and the collection system within the protective cover.
(7) Construction of a leachate treatment facility.
(8) Construction of sedimentation pond.
(9) Construction of the landfill gas extraction system.
(10) Closure.
(11) Final closure.
(b) The certification shall describe construction activity and the phase or sequence of construction being certificated, using drawings and plans where appropriate. The certification shall state that the actual construction was observed by the engineer or persons under his direct supervision, and that the supervision was carried out in a manner that is consistent with the approved permit.
(c) Upon completion of each construction activity described in subsection (a) other than construction of a leachate treatment facility, the operator shall notify the Department that the construction activity is ready for inspection. No waste may be disposed in the area subject to the inspection until the Department has conducted an inspection and has transmitted its written approval to the permittee indicating that construction was done according to the permit.
(d) The closure and final closure activities will not be deemed complete until the Department has certified completion of closure and final closure activities.
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