[30 Pa.B. 6685]
[Continued from previous Web Page]
LEACHATE TREATMENT § 273.272. Basic treatment methods.
(a) Except as otherwise provided in this section, leachate shall be collected and handled by direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, State or local law or by discharge into another permitted treatment facility.
(b) Leachate may be collected and handled by onsite treatment and discharge into a receiving stream under a permit issued by the Department under The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and regulations thereunder, if the Department approves this method in a municipal waste landfill permit. This method will not be allowed unless, at a minimum, direct discharge into a publicly-owned treatment works or other permitted facility is not practicable.
(c) Leachate may be collected and handled by spray irrigation following treatment. This method will not be allowed unless, at a minimum:
(1) Discharge into a publicly-owned treatment works or other permitted treatment facility is not practicable.
(2) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder is not attainable.
(3) Spray irrigation will not cause groundwater pollution.
§ 273.274. Leachate recirculation.
(a) In conjunction with the treatment methods in §§ 273.272 and 273.273 (relating to basic treatment methods; and leachate transportation), recirculation of leachate may be utilized if the following exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient municipal waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) The leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(b) An alternate leachate recirculation method may be used if approved by the Department, if one of the liner systems installed at the facility is a composite liner.
§ 273.275. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed under §§ 285.122--285.124 (relating to storage tanks; impoundments--general; and impoundments--failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. The tanks or impoundments shall have sufficient storage capacity at least equal to the maximum expected production of leachate for any 30-day period for the life of the facility estimated under § 273.162 (relating to leachate treatment plan), or 250,000 gallons, whichever is greater. No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased if additional storage is required prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under § 273.162 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For a facility permitted after December 23, 2000, underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
§ 273.276. Leachate analysis and sludge handling.
(a) Upon commencement of leachate flow from the facility, the operator shall sample and analyze the following:
(1) On a daily basis, the average flow rate and volume of leachate flowing from the landfill into the leachate storage and treatment system.
(2) On a quarterly basis, the chemical composition of leachate flowing into the leachate treatment system, including total alkalinity, specific conductance, chlorides, sulfates, total dissolved solids, chemical oxygen demand, metals and volatile organic analysis. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of this quarterly analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent leachate quality.
(b) Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).
§ 273.277. Departmental notice and remedial action.
The operator shall immediately notify the Department and describe remedial steps to be taken if:
(1) Operation of the treatment facilities in accordance with the approved plan cannot prevent violation of the terms of its permits, The Clean Streams Law (35 P. S. §§ 691.1--691.1001) or regulations thereunder.
(2) The facility is generating a quality or quantity of leachate that exceeds the design capacity of the onsite pretreatment system.
(3) The contractual agreement for leachate treatment by an offsite treatment system is breached or expired.
(4) The quality or quantity of solid waste being disposed at the site changes from that set forth in the permit.
WATER QUALITY MONITORING § 273.281. General requirements.
(a) A person or municipality that operates a municipal waste landfill shall install, operate and maintain a monitoring system that can detect the entry of solid waste, solid waste constituents, leachate, contaminants or constituents of decomposition into the groundwater or surface water. The monitoring system shall comply with this section and §§ 273.282--273.288.
(b) A person may not construct, install or use a monitoring system for a municipal waste landfill until that system has first been approved by the Department in writing.
§ 273.282. Number, location and depth of monitoring points.
(a) The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system shall consist, at a minimum, of the following:
(1) At least one monitoring well at a point hydraulically upgradient from the disposal area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the facility, except when the facility occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the facility.
(2) At least three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area in which solid waste has been or will be disposed. In addition to three downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the area in which solid waste has been or will be disposed, if the springs are developed and protected in a manner approved by the Department, and if the springs otherwise meet the requirements of this subchapter.
(3) A leachate detection system for the disposal area, as required by §§ 273.251 and 273.255 (relating to scope and requirements; and leachate detection zone).
(4) A leachate collection system for the permitted disposal area, as required by § 273.251 and § 273.258 (relating to leachate collection system within protective cover).
(5) Surface water monitoring points approved by the Department.
(b) The upgradient and downgradient monitoring wells shall be:
(1) Sufficient in number, location and depth to be representative of water quality.
(2) Located so that it does not interfere with routine facility operations.
(3) Located within 200 feet of the permitted disposal area and located at the points of compliance.
(c) In addition to the requirements of subsection (b), upgradient monitoring wells shall be located so that they will not be affected by adverse effects on groundwater from the disposal area.
(d) In addition to the requirements of subsection (b), downgradient monitoring wells shall be located so that they will provide early detection of adverse effects on groundwater from the disposal area.
(e) A well drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. §§ 645.1--645.13).
(f) The well materials shall be decontaminated prior to installation.
§ 273.283. Standards for wells and casing of wells.
(a) A monitoring well shall be constructed with a screen that meets the following requirements:
(1) The screen shall be factory made.
(2) The screen may not react with the groundwater being monitored.
(3) The screen shall maximize open area to minimize entrance velocities and allow rapid sample recovery.
(b) A monitoring well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material shall be well-rounded and dimensionally stable.
(c) A monitoring well shall be cased as follows:
(1) The casing shall maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.
(2) The minimum casing diameter shall be 4 inches unless otherwise approved by the Department in writing.
(3) The casing shall protrude at least 1 foot aboveground, unless otherwise approved by the Department, and shall be clearly visible.
(4) The casing shall be designed and constructed to prevent cross contamination between surface water and groundwater.
(5) The annular space above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.
(6) If plastic casing is used, it shall be threaded and gasket sealed to preclude potential sample contamination from solvent welded joints, unless otherwise provided by the Department in the permit.
(7) Alternative casing designs for wells in stable formations may be approved by the Department.
(d) A monitoring well casing shall be enclosed in a protective casing that shall:
(1) Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.
(2) Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.
(3) Be grouted and placed with a cement collar at least 3 feet deep to hold it firmly in position.
(4) Be numbered for identification with a label capable of withstanding field conditions and painted in a highly visible color.
(5) Protrude above the monitoring well casing.
(6) Have a locked cap.
(7) Be made of steel or any other material of equivalent strength.
§ 273.284. Sampling and analysis.
A person or municipality operating a municipal waste landfill shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:
(1) Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total organic carbon, total phenolics, total dissolved solids, iron, magnesium, manganese, potassium and sodium.
(2) Quarterly, for the following volatile organic compounds: 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) Quarterly, for 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) Annually, for total and dissolved concentrations of the following: arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc.
(5) Annually, for the following volatile organic compounds: 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroe- thane, 1,1,2-trichloroethane, 1,2,3-trichloropropane, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 2-dichloropropane, 3-chloro-1-propene, 4-methyl-2-pentanone, bromomethane, carbon tetrachloride, chloro- benzene, chlorodibromomethane, chloroethane, chloro- methane, cis-1,3-dichloropropene, trans-1,3-dichloropro- pene, dichlorodifluoromethane, methyl ethyl ketone, tribromomethane and trichlorofluoromethane.
(6) Annually, for 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. These ten compounds shall be identified but their concentration does not require measurement.
§ 273.286. Groundwater assessment plan.
(a) Requirement. A person or municipality operating a municipal waste landfill shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:
(1) Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point for parameters other than chemical oxygen demand, pH, specific conductance, total organic carbon, turbidity, total alkalinity, calcium, magnesium and iron.
(2) Laboratory analysis of one or more public or private water supplies shows the presence of degradation that could reasonably be attributed to the facility.
(b) Exceptions. The operator is not required to conduct an assessment under this section if one of the following applies:
(1) Within 10 working days after receipt of sample results showing groundwater degradation the operator resamples the affected wells and analysis from resampling shows, to the Department's satisfaction, that groundwater degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earth moving and other activities related to facility construction, or by seasonal variations.
(c) The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation, and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain, at a minimum, the following information:
(1) The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with §§ 273.282 and 273.283 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(2) Sampling and analytical methods for the parameters to be evaluated.
(3) Evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.
(4) An implementation schedule.
(5) Identification of the abatement standard that will be met.
(d) The groundwater assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. The operator shall notify, in writing, each owner of a private or public water supply located within 1/2-mile downgradient of the disposal area that an assessment has been initiated.
(e) Within 45 days after the completion of the groundwater assessment plan, the operator shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.
(f) If the Department determines after review of the groundwater assessment report that implementation of an abatement plan is not required by § 273.287 (relating to abatement plan), the operator shall submit a permit modification application under § 271.222 (relating to permit modification) for necessary changes to the groundwater monitoring plan. The operator shall implement the modifications within 30 days of the Department's approval.
(g) This section does not prevent the Department from requiring, or the operator from conducting, groundwater abatement or water supply replacement concurrently with or prior to implementation of the assessment.
§ 273.287. Abatement plan.
(a) The operator of a municipal waste landfill shall prepare and submit to the Department an abatement plan whenever one of the following occurs:
(1) The groundwater assessment plan prepared and implemented under § 273.286 (relating to groundwater assessment plan) shows the presence of groundwater degradation at one or more monitoring wells and the analysis under § 273.286(c) indicates that an abatement standard under subsection (d) will not be met.
(2) Monitoring by the Department or operator shows the presence of an abatement standard exceedance from one or more compliance points as indicated in subsection (d), even if a groundwater assessment plan has not been completed. The operator is not required to implement an abatement plan under this paragraph if the following conditions are met:
(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance described in subsection (d), the operator resamples the affected wells.
(ii) Analysis from resampling shows to the Department's satisfaction that an exceedance of an abatement standard has not occurred.
(b) An abatement plan shall be prepared by an expert hydrogeologist and submitted to the Department. The plan shall contain the following information:
(1) The specific methods or techniques to be used to abate groundwater pollution from the facility.
(2) The specific methods or techniques to be used to prevent further groundwater pollution from the facility.
(3) A schedule for implementation.
(c) The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.
(d) If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one or more of the following abatement standards at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer:
(1) For constituents for which an MCL has been promulgated under the Federal Safe Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. §§ 300f--300j-18; and 35 P. S. §§ 721.1--721.17), the MCL for that constituent.
(2) For constituents for which MCLs have not been promulgated, the background standard for the constituent.
(3) For constituents for which the background standard is higher than the MCL or risk-based standard identified under paragraph (4), the background standard.
(4) For constituents for which no MCLs have been established, the risk-based standard if the following conditions are met:
(i) The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.
(ii) The level is derived in a manner consistent with Department guidelines for assessing the health risks of environmental pollutants.
(iii) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2692), or other scientifically valid studies approved by the Department.
(iv) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1.0 x 10-5 at the property boundary.
(v) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this subparagraph, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.
(e) The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified.
(f) The abatement plan shall be continued until the Department states, in writing, based on monitoring by the Department and the operator, that groundwater pollution from the facility has been permanently abated.
MINERALS AND GAS § 273.291. Mineral resources.
(a) The operator shall isolate coal seams, coal outcrops and coal refuse from waste deposits in a manner that prevents combustion of the waste and that prevents damage to the liner system.
(b) Mine openings within the site shall be sealed in a manner approved by the Department.
(c) The operator shall implement a plan for controlling potential for damage from subsidence that was submitted and approved under § 273.120 (relating to mineral deposits information).
§ 273.292. Gas control and monitoring.
(a) The operator shall implement the gas control and monitoring plan approved under § 273.171 (relating to gas monitoring and control plan).
(b) The operator shall control decomposition gases generated within the site to prevent danger to workers, structures and to occupants of adjacent property.
(c) Gas venting and monitoring systems shall be installed during construction at facilities.
(d) Gas monitoring shall be conducted in accordance with the approved plan. Gas monitoring shall be conducted quarterly by the operator during active operations and after closure until the Department determines in writing that gas monitoring is not necessary to ensure compliance with the act, the environmental protection acts, regulations promulgated thereunder and the terms and conditions of the permit.
(e) Combustible gas levels may not equal or exceed:
(1) Twenty-five percent of the lower explosive limit in a structure within the site.
(2) The lower explosive limit at the boundaries of the site.
(f) The operator shall conduct active forced ventilation of the facility, using vents located at least 3 feet above the landfill surface if one of the following applies:
(1) Passive venting has caused or may cause violations of subsection (e).
(2) Induced positive gas flows will prevent or control offsite odors.
§ 273.293. Gas recovery.
(a) Gas recovery shall be conducted:
(1) In a manner that does not interfere or conflict with activities on the site or required control measures.
(2) Without creating or causing danger to persons or property.
(3) According to the plan approved by the Department under § 273.171 (relating to gas monitoring and control plan).
(b) The operator shall, on an annual basis, physically and chemically characterize recovered gas, condensates or other residues which are generated. Users of the recovered gas shall be informed of the chemical quality of the gas. If condensates or other residues are hazardous, they shall be managed under Chapters 260--265 and 270.
EMERGENCY PROCEDURES § 273.301. Hazard prevention.
Municipal waste landfills shall be designed, constructed, maintained and operated to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth that could threaten public health or safety, public welfare or the environment.
§ 273.302. Emergency equipment.
(a) Except as provided in subsection (b), the operator shall have available in proper working condition the following equipment at the immediate operating area of the facility:
(1) An internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel.
(2) A communications system capable of summoning emergency assistance from local police, fire departments, emergency medical services and from State and local emergency response agencies.
(3) Portable fire extinguishers, fire control equipment, spill control equipment and decontamination equipment. For fire control equipment requiring water, the facility shall have a water supply of adequate quantity and pressure to supply the equipment.
(4) Portable gas explosimeters and gas monitoring equipment.
(b) The Department may waive or modify one or more of the requirements of subsection (a) in the permit if the operator demonstrates to the Department's satisfaction that the requirements are not necessary to protect public health and safety, public welfare and the environment.
(c) Equipment and material required by this section shall be tested and maintained so that it is operable in time of emergency.
(d) Adequate space shall be maintained to allow the unobstructed movement of emergency personnel and equipment to operating areas of the facility.
§ 273.303. Implementation of contingency plan.
(a) The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan if there is an emergency. For the purposes of this section, the term ''emergency'' includes a fire, spill or other event that threatens public health and safety, public welfare or the environment and personal injury.
(b) During an emergency, the operator shall:
(1) Assess actual or potential hazards to public health and safety, public welfare and the environment that are occurring or may occur.
(2) Ensure that fires, spills or other hazards do not occur, reoccur or spread to other solid waste at the facility.
(3) Immediately telephone the Department and county emergency management agency and report the following information:
(i) The name of the person reporting the incident and telephone number where that person can be reached.
(ii) The name, address and permit number of the facility.
(iii) The date, time and location of the emergency.
(iv) A brief description of the nature of the emergency, the type and quantity of the solid waste involved, and what dangers to public health and safety, public welfare and the environment exist or may occur.
(v) The nature of injuries.
(vi) The parts of the contingency plan being implemented to alleviate the emergency.
(c) After an emergency, the operator of the facility shall do the following:
(1) Clean up the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.
(2) Prevent disposal, processing, storage or treatment of solid waste in the area affected by the emergency until the operator has cleaned up the area, and the Department has inspected and approved the resumption of operation after the cleanup.
RECORDKEEPING AND REPORTING § 273.311. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that municipal waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The particular grid location of the area currently being used for disposal of solid waste.
(5) A description of waste handling problems or emergency disposal activities.
(6) A record of deviations from the approved design or operational plans.
(7) A record of activities for which entries are needed in order to comply with the annual operation report required in § 273.313 (relating to annual operation report).
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(9) A record of rejected waste loads and the reasons for rejecting the loads.
(10) A record of each incident in which radioactive material is detected in waste loads. The record shall include:
(i) The date, time and location of the occurrence.
(ii) A brief narrative description of the occurrence.
(iii) Specific information on the origin of the material, if known.
(iv) A description of the radioactive material involved, if known.
(v) The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.
(vi) The final disposition of the material.
(11) A record of each vehicle, other than a combination, that exceeds 73,280 pounds gross weight and of each combination that exceeds 80,000 pounds gross weight.
(i) The record shall include:
(A) The gross weight of the vehicle when weighed at the facility.
(B) The registration plate number and home or base state registration of the vehicle.
(C) The name, business address and telephone number of the owner of the vehicle.
(D) The date and time when the vehicle was weighed at the facility.
(E) The date that the weight scale was last tested in accordance with 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act).
(ii) For purposes of this paragraph, the following terms have the following meanings unless the context clearly indicates otherwise:
Combination--Two or more vehicles physically interconnected in tandem. An example of a combination is a truck tractor attached to a semi-trailer.
Gross weight--The combined weight of a vehicle or combination of vehicles and its load, excluding the driver's weight.
Registration--The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.
(c) The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts, but in no case less than 5 years. These records shall be made available to the Department upon request.
§ 273.313. Annual operation report.
(a) An operator shall submit to the Department an annual operation report on or before June 30 of each year.
(b) The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following:
(1) A topographic survey map of the same scale, contour interval and grid system as the original site plans showing the following:
(i) The contours at the beginning and the end of the year.
(ii) The completed areas of the site as well as areas partially filled but not active during the previous year.
(2) A description of capacity used in the previous year and remaining permitted capacity.
(3) A description of the acreage used for disposal, the acreage seeded, the acreage that has been vegetated, the acreage where vegetation is permanently established and a narrative of the operator's progress in implementing its closure plan.
(4) A current certificate of insurance as specified in § 271.374(a) (relating to proof of insurance coverage), evidencing continuous coverage for public liability insurance as required by § 271.371 (relating to insurance requirement).
(5) Changes in the previous year concerning the information required by §§ 271.124 and 271.125 (relating to identification of interests; and compliance information). The report shall state if no changes have occurred.
(6) A change in the ownership of the land upon which the facility is located or a change in a lease agreement for the use of the land that may affect or alter the operator's rights upon the land.
(7) A written update of the total bond liability for the facility under § 271.331 (relating to bond and trust amount determination). If additional bond is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.
(8) Certification that the operator has received the analysis or certification required by § 287.54 (relating to chemical analysis of waste) for each type of residual waste or special handling waste received at the facility, and that the residual waste or special handling waste that is received at the facility meets the conditions in the facility's permit.
(9) A record of detected radioactive materials.
(c) The annual operation report shall be accompanied by a nonrefundable annual permit administration fee of $2,800 in the form of a check payable to the ''Commonwealth of Pennsylvania.''
(d) The report shall include an evaluation of whether the monitoring plan implemented under this subchapter needs to be revised to comply with § 273.282 (relating to number, location and depth of monitoring points) because of changes in groundwater elevation or other reasons. If this evaluation determines that changes in the approved groundwater monitoring plan are necessary, the operator shall immediately notify the Department and submit an application for permit modification under § 271.222 (relating to permit modification) for necessary changes in the monitoring plan.
§ 273.315. Recycling fee.
(a) On and after October 26, 1988, the operator of a municipal waste landfill shall pay a recycling fee in the form of a check payable to the ''Commonwealth of Pennsylvania, Recycling Fund,'' in accordance with Chapter 7 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.701--4000.706). This fee shall terminate in accordance with law.
(1) The recycling fee shall be paid on a quarterly basis, on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December respectively.
(2) A recycling fee payment shall be accompanied by a form provided by the Department and completed according to its instructions and hand-signed by the operator.
(b) The fee shall be paid for all solid waste, except process residue and nonprocessible waste from a resource recovery facility, that is received at the facility on and after October 26, 1988, including, but not limited to, residual waste, special handling wastes, waste tires and other solid wastes received at the landfill. The recycling fee does not apply to recyclable or reusable materials that are received or separated from other waste at a transfer, composting or processing facility associated with the landfill, and which are marketed in accordance with subsection (d).
(c) The fee shall be $2 per ton of weighed waste which is received at the landfill. If the facility is not required to weigh waste, the operator shall pay $2 per 3 cubic yards of volume-measured solid waste for solid waste received at a landfill or facility.
(d) The operator shall maintain complete and accurate records of the weight or volume of materials which are salvaged and recycled from mixed waste after it has been received at the landfill, the market where the materials were sent for recycling or reuse, the date the materials were sent to a market and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the landfill from the weight of waste for which the fee payment is made, but only for the quarter in which the materials were actually marketed for recycling. These records shall be kept by the operator for 5 years for audit purposes, and shall be made available to the Department or its auditors, or both, on request.
§ 273.316. Environmental stewardship fee.
(a) Environmental stewardship fee. The operator of a municipal waste landfill shall pay an environmental stewardship fee in the form of a check payable to the ''Environmental Stewardship Fund'' in accordance with 27 Pa.C.S. § 6112(b) (relating to extension of fees).
(1) The environmental stewardship fee shall be paid on a quarterly basis, on or before the 20th day of April, July, October and Janaury for the 3 months ending the last day of March, June, September and December, respectively.
(2) An environmental stewardship fee payment shall be accompanied by a form provided by the Department and completed according to its instructions and signed by the operator.
(b) Fee applies to solid waste. The fee shall be paid for solid waste received at the facility on and after January 1, 2000, including, but not limited to, residual waste, special handling wastes, waste tires, nonprocessible residue from resource recovery facilities and waste materials which are received at the facility. The fee does not apply to recyclable or reusable materials received or separated from other waste at a collection, transfer, composting or processing facility associated with the landfill.
(c) Amount. The fee shall be 25¢ per ton of weighed waste which is received at the landfill. If the facility is not required to weigh waste, the operator shall pay 25¢ per 3 cubic yards of volume-measured solid waste for solid waste received at the facility.
(d) Records required. The operator shall maintain complete and accurate records of the weight or volume of materials which are salvaged and recycled from mixed waste after it has been received at the landfill, the market where the materials were sent for recycling or reuse, the date the materials were marketed and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the landfill from the weight of waste for which the fee payment is made, but only for the quarter in which the materials were actually marketed for recycling. These records shall be maintained by the operator for 5 years for audit purposes and shall be made available to the Department or its auditors, or both, upon request.
(e) Timeliness of payment. The operator shall be deemed to have made a timely payment of the environmental stewardship fee if the operator complies with the following:
(1) The enclosed payment is for the full amount owed pursuant to this section and no further Departmental action is required for collection.
(2) The payment is accompanied by the required form and the form is complete and accurate.
(3) The letter transmitting the payment that is received by the Department is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received.
(f) Refunds. An operator that believes he has overpaid the environmental stewardship fee may file a petition for refund to the Department. If the Department determines that the operator has overpaid the fee, the Department will credit or refund the operator the amount due him. No credit or refund of the environmental stewardship fee will be made unless the petition for the refund is filed with the Department within 6 months of the date of the overpayment.
(g) Assessment notices.
(1) If the Department determines that an operator has not made a timely payment of the environmental stewardship fee, it will send the operator a written notice of the amount of the deficiency within 30 days of determining such deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of solid waste received at the facility for the payment period, the Department may estimate the weight or volume in its notice.
(2) If any amount due hereunder remains unpaid 30 days after receipt of notice thereof, the Department may order the operator of the facility to cease receiving any solid waste until the amount of the deficiency is paid in full.
(h) Constructive trust. Environmental stewardship fees collected by an operator and held by the operator prior to payment to the Department shall constitute a trust fund for the Commonwealth. The trust shall be enforceable against the operator, its representatives and any person receiving any part of the fund without consideration or with knowledge that the operator is committing a breach of the trust. A person receiving payment of lawful obligation of the operator from the fund shall be presumed to have received it in good faith and without knowledge of the breach of trust.
CLOSURE PROVISIONS § 273.322. Closure.
(a) The operator shall implement the closure plan approved by the Department under § 273.192 (relating to closure plan).
(b) At least 180 days before implementation of a closure plan, the operator shall review its approved closure plan to determine whether the plan requires modification, and shall submit proposed changes to the Department for approval under § 271.222 (relating to permit modification).
(c) If groundwater degradation exists at closure or occurs after closure, a person shall meet one of the following:
(1) Continue to implement an approved abatement plan.
(2) Submit an application for a closure plan modification in accordance with the procedures for a major permit modification. The operator shall select one or more remediation standards that will be met in accordance with the final closure certification requirements in § 271.342 (relating to final closure certification).
(d) An application for a closure plan modification shall include the following:
(1) Technical information and supporting documentation identifying the remediation activities that will be conducted to meet and maintain the remediation standards.
(2) If a remedy relies on access to or use of properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement.
(e) After closure, the Department may modify, in accordance with § 271.144 (relating to public notice and public hearings for permit modifications), the frequency of monitoring for a parameter for which quarterly monitoring is required under § 273.284 (relating to sampling and analysis) to a semi-annual frequency if the operator demonstrates the following:
(1) The parameter has not caused or contributed to groundwater degradation.
(2) Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.
(f) The Department may modify the frequency of monitoring for a parameter for which semi-annual monitoring was approved under subsection (e) to an annual basis if the results of semi-annual monitoring continue to demonstrate the following:
(1) The parameter has not caused or contributed to groundwater degradation.
(2) Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.
(g) The Department may reinstate the requirement of quarterly monitoring for any parameter monitored under subsection (e) or (f) if the Department has reason to believe that the parameter may cause or contribute to groundwater degradation.
Subchapter E. ADDITIONAL OPERATING REQUIREMENTS FOR SPECIAL HANDLING AND RESIDUAL WASTES
GENERAL § 273.501. Scope.
(a) A person or municipality that operates a municipal waste landfill shall comply with the applicable requirements of this subchapter if the person or municipality receives special handling or residual waste at the facility.
(b) The requirements of this subchapter are in addition to the operating requirements in Subchapter C (relating to operating requirements).
(c) Special handling and residual waste may not be received at a municipal waste landfill unless:
(1) The Department has expressly approved an application for the disposal of the specific waste submitted under Subchapter D (relating to additional application requirements for special handling and residual wastes).
(2) The waste is received in accordance with the terms and conditions of the permit, the requirements of this chapter, the act and the environmental protection acts.
(3) The waste is compatible with the liner system.
(4) The waste is compatible with other wastes disposed at the facility.
(5) The leachate generated by the disposed waste can be adequately treated by the leachate treatment facility.
(6) The physical characteristics of the waste will not cause or contribute to structural instability or other operation problems at the site.
SPECIFIC WASTES § 273.511. Processed infectious waste disposal.
(a) Infectious waste may not be disposed at a municipal waste landfill unless:
(1) The waste has been disinfected in accordance with § 284.321 (relating to infectious waste monitoring requirements).
(2) Prior to initial disposal the landfill operator has obtained the necessary approval for disposal from the Department based on the application provided under § 273.411 (relating to processed infectious and chemotherapeutic waste disposal).
(3) The waste being received has been disinfected by a permitted processing facility.
(b) Waste consisting of human anatomical remains, including human fetal remains, may not be disposed at municipal waste landfills unless the waste has first been incinerated at a permitted waste processing facility.
(c) Body fluids and animal body fluids may be disposed by discharge into a permitted sewage treatment system that provides a minimum of secondary treatment in accordance with local, Federal and State requirements, including The Clean Stream Law (35 P. S. §§ 691.1--691.1001).
(d) Sharps shall be rendered unusable prior to disposal.
§ 273.513. Sewage sludge.
Prior to receipt at a landfill, sewage sludge shall meet one of the processes to significantly reduce pathogens or one of the processes to further reduce pathogens set forth in Chapter 271, Subchapter J, Appendix A (relating to pathogen treatment processes) and one of the vector attraction reduction standards in § 271.933(b) (relating to vector attraction reduction). The Department may approve as part of a permit another method if the operator demonstrates that the method will control pathogens, vectors and odors.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
