[30 Pa.B. 6685]
[Continued from previous Web Page] § 277.284. Sampling and analysis.
A person or municipality operating a construction/demolition waste landfill shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:
(1) Quarterly, for chloride, sulfate, chemical oxygen demand, pH, specific conductance, total organic carbon, total organic halogen, iron and sodium, and, if required by the Department, for other constituents found in the waste received at the facility.
(2) 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.
§ 277.286. Groundwater assessment plan.
(a) Requirement. A person or municipality operating a construction/demolition 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 a monitoring point.
(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 earthmoving 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, aerial 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 §§ 277.282 and 277.283 (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 under 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 implemenation of an abatement plan is not required by § 277.287 (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.
§ 277.287. Abatement plan.
(a) The operator of a construction/demolition 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 § 277.286 (relating to groundwater assessment plan) shows the presence of groundwater degradation at one or more monitoring wells and the analysis under § 277.286(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 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.
(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 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) Within 60 days of approval by the Department, the operator shall commence implementation of the plan, under 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 § 277.291. Mineral resources.
(a) The operator shall isolate coal seams, coal outcrops and coal refuse from waste deposits in a manner that prevents the 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 § 277.120 (relating to mineral deposits information).
§ 277.292. Gas control and monitoring.
If the waste disposed at the facility generates or is likely to generate gas, the operator shall establish and implement a gas control and monitoring program approved under § 277.171 (relating to gas monitoring and recovery plan).
EMERGENCY PROCEDURES § 277.301. Hazard prevention.
Construction/demolition 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.
§ 277.302. 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 in the permit application 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.
§ 277.303. Implementation of contingency plan.
(a) The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan whenever there is an emergency. For purposes of this section, the term ''emergency'' includes a fire or 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 § 277.311. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that construction/demolition waste is received, processed or disposed, and for each day that construction, monitoring or postclosure activity occurs.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The county in which the solid waste originated, or if the waste originated outside of this Commonwealth, the state.
(3) The transporters of the solid waste.
(4) The particular grid location of the area currently being used for disposal of solid waste.
(5) A description of waste handling problems or emergency disposal activities.
(6) A record of deviations from the approved design or operational plans.
(7) A record of activities for which entries are needed in order to comply with the annual operation report required in § 277.312 (relating to annual operation report).
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(9) A record of the 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 words and terms have the following meanings unless the content 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 construction/demolition waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
§ 277.312. 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) 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 the 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 affectd or alter the operator's rights upon the lands.
(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 all analyses required by § 287.54 (relating to chemical analysis of waste) for each type of residual waste or special handling waste received at the facility during the calendar year.
(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 § 277.282 (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.
CLOSURE PROVISIONS § 277.322. Closure.
(a) The operator shall implement the closure plan approved by the Department under § 277.192 (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 § 277.284 (relating to sampling and analysis) to a semiannual 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 semiannual monitoring was approved under subsection (e) to an annual basis if the results of semiannual 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.
CHAPTER 279. TRANSFER FACILITIES
Subchapter A. General § 279.1. Scope.
(a) This chapter sets forth application and operating requirements for a person or municipality that oeprates a transfer facility. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management--general provisions).
(b) The Department may waive or modify a requirement of this chapter for permitted transfer facilities at which no actual loading, unloading or transferring of municipal waste occurs, if the absence of loading, unloading or transferring activity renders the requirement unnecessary.
Subchapter B. APPLICATION REQUIREMENTS FOR TRANSFER FACILITIES
GENERAL § 279.101. General requirements.
(a) An application to operate a transfer facility shall:
(1) Comply with the requirements of this subchapter.
(2) Comply with the applicable requirements of Chapter 271 (relating to municipal waste management--general provisions).
(b) Maps, plans and cross sections submitted to comply with this subchapter shall be on a scale in which 1 inch equals no more than 50 feet with 2-foot maximum contour intervals unless otherwise approved by the Department.
§ 279.102. Operating plan.
(a) An application to operate a transfer facility shall contain a narrative description of the general operating plan for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be received at the facility, the process to be used at the facility, the daily operational methodology of the proposed process, the loading rate, the proposed capacity of the facility and the expected life of the facility.
(b) An application shall contain a plan for an alternative waste handling or disposal system during periods when the proposed facility is not in operation, including procedures to be followed in case of equipment breakdown. Procedures may include the use of standby equipment, extension of operating hours and contractual agreements for diversion of municipal waste to other facilities.
(c) An application shall contain a plan for training equipment operators and other personnel concerning the operation and approved design of the facility, including safety measures to prevent injuries.
(d) An application shall contain a plan for assuring that solid waste received at the facility is consistent with § 279.201 (relating to basic limitations).
(e) An application shall contain the proposed operating hours of the proposed facility.
(f) An application shall contain a narrative describing the procedures for inspection and monitoring of incoming waste.
§ 279.103. Maps and related information.
(a) An application shall contain a topographic map of the proposed permit area and adjacent area, 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.
(2) The boundaries of the land to be affected over the estimated total life of the proposed facility.
(3) The location and name of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches that are located on the proposed permit area and adjacent area.
(4) The location and name of public and private water sources that are located on or within 1/4 mile of the proposed facility. If more than 50 wells are located within the 1/4-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells within the 1/4-mile radius.
(5) The location of rights-of-way for high-tension power lines, pipelines, railroads and public and private roads within 300 feet of the proposed facility.
(6) The location of buildings currently in use by a person within 300 feet of the proposed facility.
(7) The anticipated location of water quality monitoring points if monitoring is required by the Department.
(8) The boundaries of land within the proposed permit area or adjacent area identified in § 279.202 (relating to areas where transfer facilities are prohibited).
(9) The municipalities in which the permit area is proposed to be located.
(10) The location of the 100-year floodplain boundaries.
(11) The location of access roads to and within the proposed permit area, including slopes, grades and lengths of the roads.
(12) The location of barriers, fences and similar facilities required by § 279.212 (relating to access control).
(13) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(14) The solid waste storage or loading/unloading areas.
(15) The areas of land for which a bond will be posted under Chapter 271, Subchapter D (relating to financial assurances requirements).
(16) The location and use of buildings and related facilities which will be used in the operation, including their horizontal and vertical dimensions.
(17) The location of scales and weigh stations to be used in the operation.
(18) 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 show the location of a permanent benchmark for horizontal and vertical control.
§ 279.104. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, under § 279.213 (relating to access roads).
§ 279.105. Soil erosion and sedimentation control plan.
(a) The applicant shall submit a plan to manage surface water and control erosion during the phases of construction and operation on the permit area. The plan shall be based on the requirements of Chapter 102 (relating to erosion and sediment control), § 279.232 (relating to soil erosion and sedimentation control) and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event in inches to be expected once in 25 years.
(b) The plan shall include fully dimensioned diversion ditches, indicating length, gradient and cross section for configuration by reach and capacities for ditch volume by reach. Calculations which are necessary to support design and siting shall be included in the plan.
§ 279.106. Soil and groundwater monitoring plan.
(a) If required by the Department, the applicant shall submit a groundwater monitoring plan to detect groundwater degradation from the facility.
(b) If required by the Department, the applicant shall submit a soil monitoring plan, capable of detecting soil contamination from the facility.
§ 279.109. Contingency plan.
An application shall contain a contingency plan consistent with §§ 279.241--279.243 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department's most recent guidelines for the development and implementation of PPC plans.
§ 279.110. 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 facility's approved waste analysis plan, under § 271.613 (relating to waste analysis plan).
§ 279.111. Daily volume.
The application shall contain a proposed maximum daily volume for the facility, and a detailed justification for the volume, based on §§ 271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment).
RECYCLING § 279.121. 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 § 279.271 (relating to salvaging of materials).
Subchapter C. OPERATING REQUIREMENTS
FOR TRANSFER FACILITIES
GENERAL PROVISIONS § 279.201. Basic limitations.
(a) A person or municipality may not own or operate a transfer facility unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality that operates a transfer station facility shall comply with the following:
(1) The operating requirements of the act, this subchapter and the applicable requirements of Chapter 271 (relating to municipal waste management--general provisions).
(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.
(c) A person or municipality that operates a transfer facility may not allow residual waste or special handling waste to be received or handled at the facility unless the Department has specifically approved handling that waste in the permit.
(d) A person or municipality that operates a transfer facility may not:
(1) Mix solid waste with, or store solid waste in such close proximity to other solid waste to create a risk of fire or explosion, or a risk to the accumulation of poisonous or otherwise harmful vapors or gases.
(2) Allow explosive waste to be stored or processed at the facility.
(e) Hazardous waste subject to Article VII (relating to hazardous waste management) may not be disposed, processed or stored at transfer facilities.
(f) 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.
(g) The Department may waive or modify a requirement of this chapter for permitted transfer facilities at which no actual loading, unloading or transferring of municipal waste occurs, if the absence of loading, unloading and transferring activity renders the requirement unnecessary.
(h) 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.
(i) The following radioactive material controlled under specific or general license or order authorized by any Federal, State or other government agency may not be processed 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.
(j) The following radioactive material may not be processed at the facility, unless approved in writing by the Department and the processing 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.
(k) The limitations in subsections (i) and (j) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.
§ 279.202. Areas where transfer facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, a transfer facility may not be operated as follows:
(1) Floodplain. In the 100-year floodplain of waters in this Commonwealth, unless the Department approves in the permit a method of protecting the facility from a 100-year flood consistent with the Flood Plain Management Act (32 P. S. §§ 679.101--679.601) and the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
(2) Wetland.
(i) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).
(ii) For a transfer facility permitted on or after December 23, 2000, other than an expansion of a transfer facility that was permitted prior to December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless storage and processing will not occur within that distance or storage and processing take place in an enclosed facility 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) Occupied dwelling. Within 300 feet measured horizontally from an occupied dwelling, unless the owner has provided a written waiver consenting to the facility being closer than 300 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 owner.
(4) Perennial stream. Within 100 feet of a perennial stream, unless one of the following applies:
(i) Storage and processing will not occur within 100 feet of a perennial stream and no adverse hydrologic or water quality impacts will result.
(ii) Storage and processing take place in an enclosed facility and no adverse impacts to the perennial stream will result.
(iii) The facility transfers containerized waste to barges at the transfer facility location.
(5) Property line. Within 50 feet of a property line unless the operator demonstrates one of the following:
(i) That actual processing of waste is not occurring within 50 feet of a property line.
(ii) That storage and processing ocurring within 50 feet of a property line take place in an enclosed facility.
(iii) That the owner of the adjacent property has provided a written waiver consenting to the facility being closer than 50 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 owner.
(6) School, park or playground.
(i) For a municipal waste transfer facility permit issued on or after December 23, 2000, except an expansion of a municipal waste transfer facility permitted prior to December 23, 2000, 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) Except as provided in subsection (c), this section does not apply to a feature that may come into existence after the date of the first newspaper notice under § 271.141 (relating to public notice by applicant).
(c) This section does not apply to a feature 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 transfer facility 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.
DAILY OPERATIONS § 279.211. Signs and markers.
(a) A person or municipality that operates a transfer facility shall identify the facility and the recycling drop-off center required under § 279.272 (relating to recycled materials collection center) for the duration of operations by posting and maintaining a sign which will be clearly visible and can be easily seen and read at the junction of each access road and public road unless otherwise approved by the Department. The sign shall be constructed of a durable, weather-resistant material. The sign shall show the name, business address and telephone number of the person or municipality that operates the facility, the operating hours of the facility and the number of the current permit authorizing operations at the facility.
(b) Permit area markers and the benchmark for horizontal and vertical control shall be:
(1) Posted and maintained for the duration of the operation to which they pertain.
(2) Clearly visible, readable and uniform throughout the operation.
(3) Permanently fixed and made of a durable material.
§ 279.212. Access control.
(a) A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.
(b) The operator shall maintain a fence or other suitable barrier around the site sufficient to prevent unauthorized access.
(c) Access to the site shall be limited to times when an attendant is on duty.
§ 279.213. Access roads.
(a) An access road shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the site.
(b) A crossing of a perennial or intermittent stream or a wetland shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
(c) An access road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 25-year, 24-hour precipitation event. The drainage system shall also comply with Chapter 102 (relating to erosion control).
(d) An access road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent material approved by the Department in the permit. An access road shall be capable of withstanding the load limits projected by the applicant under § 279.104 (relating to plan for access roads). The maximum sustained grade of an access road may not exceed 12%.
(e) An access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the area to unloadiing areas, treatment facilities or impoundments.
(f) A road shall be constructed on a base that is capable of withstanding anticipated loads.
(g) Disturbed areas adjacent to a road shall be vegetated or otherwise stabilized to prevent erosion.
(h) An access road shall be maintained to control dust and to prevent and control the tracking of mud on and off the site.
§ 279.214. Measurement and inspection of waste.
(a) Solid waste delivered to the facility shall be accurately weighed or otherwise accurately measured prior to unloading.
(b) The operator of a transfer facility shall inspect and monitor incoming waste to ensure that the receipt of waste is consistent with this article.
(c) An operator of a transfer facility that has received, is receiving or will receive 30,000 or more cubic yards of solid waste in a calendar year shall weigh solid waste when it is received. The scale used to weigh solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to general provisions). The operator of the scale shall be a licensed public weighmaster under 3 Pa.C.S. Chapter 41 and 70 Pa. Code Part I.
§ 279.215. Operations and equipment.
(a) Loading, unloading, storage, compaction and related activities shall be conducted in an enclosed building, unless otherwise approved by the Department in the permit.
(b) The operator shall maintain on the site equipment necessary for operation of the facility under the permit. The equipment shall be maintained in an operable condition.
(c) If a breakdown of the operator's equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and its permit conditions.
(d) Equipment shall be operated and maintained to prevent solid waste from being unintentionally removed from the storage area.
(e) Equipment shall be cleaned at frequencies specified in the permit based on scheduled or emergency maintenance periods.
§ 279.216. Unloading area.
(a) The approach and unloading area shall be adequate in size and design to facilitate the rapid unloading of solid waste from the collection vehicles and the unobstructed maneuvering of the vehicles and other equipment.
(b) The loading areas and unloading areas shall be constructed of impervious material which is capable of being cleaned by high pressure water spray and shall be equipped with drains or sumps connected to a sanitary sewer system or treatment facility to facilitate the removal of water. Drains or treatment systems may be connected to a sanitary sewer system if a waste characterization is submitted to the sewage treatment plant operator and the operator finds that the treatment plant can fully treat the waste stream. Leachate may be collected in holding tanks prior to its transport to the sewage treatment plant.
(c) If the facility has an unloading pit, the facility shall have in place truck wheel curbs and tie downs that are sufficient to prevent trucks from backing into the pit or falling into the pit while unloading.
(d) An attendant or clearly marked signs shall direct vehicles to the unloading area.
(e) The operator shall ensure that collection vehicles unload waste promptly in unloading areas.
(f) Solid waste shall be confined to the unloading area and the approved storage areas.
§ 279.217. Cleaning and maintenance.
(a) Areas within the building shall be kept clean.
(b) The operator may not allow putrescible waste to remain at the transfer facility at the end of the day or for more than 24 hours, except that putrescible waste may remain at a transfer facility for any period of time up to 72 hours over a weekend of 3-day weekend if the transfer facility permit so provides.
(c) Plumbing shall be properly maintained, and the floors shall be well drained.
(d) Macerators, hammer mills and grinders shall be cleanable and shall be equipped with drains that connect to a sanitary sewer system or treatment facility. Drains or treatment systems may be connected to a sanitary sewer system if a waste characterization is submitted to the sewage treatment plant operator and the operator finds that the treatment plant can fully treat the waste stream.
(e) Provision shall be made for routine maintenance of the facility.
§ 279.218. Air resources protection.
(a) The operator shall implement fugitive air contaminant control measures, and shall otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. §§ 4001--4014), Article III (relating to air resources) and § 279.219 (relating to nuisance control).
(b) A person or municipality may not cause or allow open burning at the facility.
§ 279.219. Nuisance minimization and control.
(a) The operator shall control and minimize the attraction, harborage or breeding of vectors.
(b) The operator shall control and minimize conditions not otherwise prohibited by this subchapter that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
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