[30 Pa.B. 6685]
[Continued from previous Web Page]
SOIL AND WATER PROTECTION § 281.251. General requirements.
(a) The operator may not cause or allow a point or nonpoint source discharge of pollution from or on the facility to surface waters of this Commonwealth.
(b) A general composting facility shall be operated to prevent and control water pollution. An operator shall operate and maintain necessary surface and groundwater treatment facilities until surface or groundwater pollution from or on the facility has been permanently abated.
(c) Neither compost nor municipal waste may be stored where continuous or intermittent contact could occur between the compost or waste and groundwater.
(d) The operator may not cause or allow water pollution within or outside of the site.
§ 281.253. Sedimentation ponds.
(a) Surface drainage from the disturbed area shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the site. The Department may waive the required use of sedimentation ponds when a person demonstrates to the Department that sedimentation ponds are not necessary to meet the requirements of § 281.251 (relating to general requirements).
(b) Sedimentation ponds shall be constructed, operated and maintained under this section, Chapters 102 and 105 (relating to erosion control; and dam safety and waterway management) and the minimum design criteria contained in the United States Soil Conservation Service's Engineering Standard 378, 'Pond' Pa., as amended.
(c) Sedimentation ponds and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
(d) A pond shall include a nonclogging, dewatering device approved by the Department that will allow the draining of the water from the inflow. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.
(e) The ponds shall be designed, constructed and maintained to prevent short circuiting to the maximum extent possible.
(f) The design, construction and maintenance of a sediment pond under this section does not relieve the operator of the responsibility for complying with the applicable treatment requirements and effluent limitations established under § 281.251.
(g) At a minimum, sedimentation ponds shall be capable of treating the runoff resulting from a 25-year, 24-hour precipitation event.
(h) A sedimentation pond shall be designed and inspected during construction under the supervision of a registered professional engineer, who shall certify to the Department upon completion of construction that the pond was constructed as approved in the permit.
§ 281.254. Soil and groundwater monitoring.
(a) If required by the Department as part of the permit, the operator shall conduct soil or groundwater monitoring, or both. The monitoring shall be in accordance with §§ 273.282--273.288 (relating to water quality monitoring), as required by the Department, and the terms and conditions of the permit, and shall continue for the period specified in Section 281.282 (relating to cessation of operations).
(b) For purposes of interfacing with §§ 273.282--273.288, the following terms apply:
(1) The term ''disposal area'' shall be substituted with ''area where storage and processing occur.''
(2) The term ''municipal waste landfill'' shall be substituted with ''composting facility.''
(3) The term ''disposed'' shall be substituted with ''stored or processed.''
§ 281.255. Water supply replacement.
(a) A person or municipality operating a composting facility which adversely affects a water supply by degradation, pollution or other means shall restore or replace the affected water supply with an alternative source that is of like quantity and quality to the original supply at no additional cost to the owner.
(b) A temporary water supply shall be provided as soon as practicable but not later than 48 hours after receipt of one of the following:
(1) Information showing that the operator is responsible for adversely affecting the water supply.
(2) Notice from the Department that the operator is responsible for adversely affecting the water supply.
(c) A permanent water supply shall be provided as soon as practicable but not later than 90 days after the receipt of one of the following:
(1) Information showing that the operator is responsible for adversely affecting the water supply.
(2) Notice from the Department that the operator is responsible for adversely affecting the water supply.
(d) Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.
EMERGENCY PROCEDURES § 281.263. Implementation of contingency plan.
(a) The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan when there is an emergency. For purposes of this section, an emergency shall include a fire, spill or other hazard, 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 emergency 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 processing or storage 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 cleanup.
RECORDKEEPING AND REPORTING § 281.271. Daily operational records.
(a) A person or municipality that operates a general composting facility shall make and maintain an operational record for each day that municipal waste is received, processed or transported offsite.
(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 weight or volume of each material recycled, marketed or disposed of as a result of the process.
(5) A record of deviations from the approved design or operational plans.
(6) A record of activities for which entries are needed to comply with the annual operation report required in § 281.272 (relating to annual operation report).
(7) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(8) A description of waste handling problems or emergency disposal activities.
(9) 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.
(c) The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored in compliance with 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.
§ 281.272. Annual operation report.
(a) A person or municipality that operates a general composting facility 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) The county in which the waste originated, or if the waste originated outside of this Commonwealth, the state.
(2) The weight or volume of each type of waste received.
(3) The weight or volume of each material recycled, marketed or disposed of as a result of the process.
(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 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 $700 in the form of a check payable to the ''Commonwealth of Pennsylvania.''
CESSATION AND CLOSURE § 281.282. Cessation of operations.
(a) Upon cessation of composting operations at the facility, the operator shall remove solid waste and structures or other materials which contain or are contaminated with solid waste, and shall provide for the processing or disposal of the waste or material under the act, the environmental protection acts and this title.
(b) Areas requiring vegetation shall be revegetated under §§ 281.241 and 281.242 (relating to general requirements; and standards for successful revegetation).
(c) An operator required under § 281.254 (relating to soil and groundwater monitoring) to conduct soil monitoring may discontinue soil monitoring upon cessation of composting operations with the Department's approval. In deciding whether to allow the discontinuance of monitoring, the Department will consider the operational history of the facility, the likelihood that groundwater degradation will manifest itself in the future and other relevant factors.
(d) An operator required under § 281.254 to conduct groundwater monitoring may discontinue groundwater monitoring after cessation of composting operations and cleanup only upon written approval by the Department. In deciding whether to allow discontinuance of monitoring, the Department will consider the operational history of the facility, the likelihood that groundwater contamination will manifest itself in the future, whether the remediation standards in § 271.342(b)(4) (relating to final closure recertification) are met and maintained and other relevant factors.
CHAPTER 283. RESOURCE RECOVERY AND OTHER PROCESSING FACILITES
Subchapter B. APPLICATION REQUIREMENTS
GENERAL PROVISIONS § 283.102. Operating plan.
An application shall contain:
(1) 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 processed 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.
(2) 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.
(3) An operational safety, fire prevention and emergency response plan that will adequately protect workers and patrons of the facility, prepared by an expert in the field of industrial hygiene and safety.
(4) A plan for assuring that solid waste received at the facility is consistent with § 283.201 (relating to basic limitations).
(5) A plan for training equipment operators and other personnel concerning the operation and approved design of the facility.
(6) The proposed operating hours of the proposed facility.
(7) A study that documents the short-term and long-term effects that the facility will have on the public and private water supply. The study shall include, but not be limited to, effects of pollution, contamination, diminution and alternative sources of water adequate in quantity and quality for the purposes served by the public and private water supply.
(8) An explanation of how the applicant intends to comply with § 283.214 (relating to measuring and inspection of waste).
§ 283.103. Maps and related information.
An application shall contain a topographic map of the proposed permit area and adjacent area, including necessary narrative descriptions, which show 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 operation.
(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 1/4-mile of the proposed facility.
(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 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 § 283.202 (relating to areas where resource recovery facilities and other processing facilities are prohibited).
(9) The location of underground mine shafts on the permit area and the adjacent area.
(10) The municipalities in which the permit area is proposed to be located.
(11) The location of the 100-year floodplain boundaries.
(12) The location of access roads to and within the proposed permit area, including slopes, grades and lengths of the roads.
(13) The location of barriers, fences and similar structures required by § 283.212 (relating to access control).
(14) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(15) The solid waste storage or loading/unloading areas.
(16) The areas of land for which a bond will be posted under Chapter 271, Subchapter D (relating to financial assurances requirements).
(17) The location, size and use of buildings and related facilities which will be used in the operation, including their horizontal and vertical dimensions.
(18) The location of scales and weigh stations to be used in the operation.
(19) Utilities to be installed at the facility.
(20) 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.
§ 283.107. 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 to detect soil contamination from the facility.
§ 283.112. Relationship to county plans.
(a) This section requires the submission of certain information in the permit application when the Department has given final approval to a municipal waste management plan for the county in which the proposed facility, or proposed additional capacity for a facility, would be located, and the county has submitted to the Department legal documents necessary to implement the plan under § 272.245 (relating to submission of implementing documents).
(b) An application shall contain the following:
(1) An explanation of whether the proposed facility is provided for in the approved plan for the host county. A facility is ''provided for'' if it is designated by the host county to provide capacity assurance in the approved host county plan. A facility analyzed as part of a planning process, but not designated, will not be considered ''provided for.''
(2) If the proposed facility is not provided for in the approved host county plan:
(i) A detailed explanation of whether the proposed facility will interfere with implementation of the approved host county plan.
(ii) A detailed explanation of whether the proposed facility will interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.
(iii) A detailed response to objection, if any, filed by the governing body of the host county within 60 days of the written notice under section 504 of the act (35 P. S. § 6018.504).
§ 283.113. 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).
§ 283.114. 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 § 283.121. 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 § 283.281 (relating to salvaging of materials).
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 283.201. Basic limitations.
(a) A person or municipality may not own or operate a municipal waste processing facility other than a transfer facility or composting 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 municipal waste processing facility other than a transfer or composting 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 facility subject to this chapter may not allow residual waste or special handling waste to be handled at the facility unless the Department has specifically approved the processing of the waste as part of the permit.
(d) A person or municipality that operates a facility subject to this subchapter may not:
(1) Mix solid waste with, or store solid waste in close proximity to, other solid waste so as to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.
(2) Allow explosive waste to be stored, processed or disposed at the facility.
(e) Hazardous waste subject to Article VII (relating to hazardous waste management) may not be disposed, processed or stored at municipal waste processing facilities subject to this subchapter.
(f) Lead acid batteries may not be processed at the facility except for purposes of removal for recycling or disposal.
(g) On and after September 26, 1990, loads composed primarily of leaf waste may not be processed at the facility except for purposes of composting.
(h) A person or municipality may not allow solid waste generated outside the host county for a facility to be received, disposed or otherwise managed at the facility if the transportation to, or disposal 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.
(i) Sections 283.121--283.123 (relating to recycling) also apply.
(j) The approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.
(k) 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.
(l) 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.
(m) The limitations in subsections (k) and (l) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.
§ 283.202. Areas where resource recovery facilities and other processing facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, a municipal waste processing facility subject to this chapter may not be operated as follows:
(1) Floodplain. In the 100-year floodplain of waters of 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 Encroachment Act (32 P. S. §§ 693.1--693.27).
(2) Wetlands.
(i) In or within 300 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
(ii) For a processing facility permit issued on or after December 23, 2000, other than an expansion of a processing facility that was permitted prior to December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless for a processing facility other than a resource recovery facility storage and processing will not occur within that distance or storage and processing take place in an enclosed facility and one of the following is true:
(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.
(i) For a processing facility permit issued prior to December 23, 2000, or for an expansion of a resource recovery facility or other processing facility that was permitted prior to December 23, 2000, within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 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. This siting limitation does not apply to onsite infectious and chemotherapeutic waste incineration facilities which are not commercial facilities.
(ii) For a processing facility permit issued on or after December 23, 2000, within 300 yards measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 yards. 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 the storage and processing will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(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 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 resource recovery facility permit issued on or after September 26, 1988, except an expansion of a resource recovery facility permitted prior to September 26, 1988, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) 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 municipal waste processing 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 § 283.211. Signs and markers.
(a) A person or municipality that operates a facility subject to this subchapter shall identify the facility and the recycling drop-off center required under § 283.282 (relating to recycled materials collection center) for the duration of municipal waste processing operations by posting and maintaining a sign which is clearly visible and can be easily seen and read at the junction of each access road and public road. 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 operating 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 permanent physical markers for the grid coordinate system 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.
(c) The perimeter of the site shall be clearly marked before the beginning of operations.
§ 283.212. 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 when an attendant is on duty.
§ 283.213. 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 24-hour, 25-year precipitation event. The drainage system shall 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 § 283.105 (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 each unloading area, treatment facility or impoundment.
(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 or control the tracking of mud on or off site.
(i) An access road shall be designed, constructed and maintained to allow the orderly egress and ingress of vehicular traffic when the facility is in operation, including during inclement weather.
§ 283.214. Measurement and inspection of waste. (a) An operator of a municipal waste processing 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.
(b) The operator of a facility that is not required by subsection (a) to weigh waste when it is received, shall accurately measure waste by volume or weight prior to unloading.
(c) The operator of a facility shall inspect and monitor incoming waste to insure that the receipt of waste is consistent with this article.
§ 283.215. Equipment.
(a) The operator shall maintain on the site equipment necessary for operation of the facility in accordance with the permit. The equipment shall be maintained in an operable condition.
(b) 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.
(c) Equipment shall be operated and maintained to prevent solid waste from being unintentionally removed from the facility.
(d) Equipment used to handle putrescible solid waste with which operations personnel are in direct contact shall be cleaned at the end of each working day or every 24 hours. Other equipment shall be cleaned at frequencies specified in the permit based on scheduled or emergency maintenance periods.
§ 283.216. Unloading area.
(a) The approach and unloading area shall be adequate in size and design to facilitate the rapid unloading of municipal waste from 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 sludge 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 facility.
(c) If the facility has an unloading pit, the facility shall have in place truck wheel curbs or 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 or a storage area approved as part of the operator's permit.
(g) If bulky waste is handled or processed at the facility, the operator shall remove the waste daily or take other action sufficient to prevent nuisances or unsightliness.
(h) The facility shall have a storage capacity for the scheduled or emergency shutdown of processing operations that is equivalent to the waste that can be processed at the facility in 3 days, unless otherwise specified by the Department in the permit.
§ 283.217. Cleaning and maintenance.
(a) Areas within the building shall be kept clean.
(b) The operator may not allow putrescible waste to remain at the facility at the end of the day or for more than 24 hours except that putrescible waste may remain at the facility for any time period up to 72 hours over a weekend or 3-day weekend if provided for in the permit.
(c) Plumbing shall be properly maintained, and the floors shall be well drained.
(d) Processing equipment and areas that have contact with solid waste shall be capable of being cleaned by high-pressure water spray or other methods, and shall be located near drains that connect to a sanitary sewer system or treatment facility. Drains or treatment systems may be connected in a sanitary sewer system if a waste characterization is submitted to the sewage sludge 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 facility.
(e) Provision shall be made for the routine operational maintenance of the facility.
(f) The operator shall inspect the facility daily to detect hot spots in the storage area, dust accumulation, vectors, litter and other problems, and promptly take necessary corrective actions.
§ 283.218. Air resources protection.
(a) Emissions from a facility subject to this chapter shall meet the requirements of the Air Pollution Control Act (35 P. S. §§ 4001--4014), Article III (relating to air resources), the terms or conditions of its permit and other applicable Department guidelines.
(b) The operator may not cause or contribute to an exceedance of any ambient air quality standards under § 131.3 (relating to ambient air quality standards).
(c) A person or municipality may not cause or allow open burning at the facility.
(d) In addition to the requirements of subsections (a)--(c) emissions from a facility subject to this chapter shall be, at a minimum, subject to the following:
(1) For new infectious or chemotherapeutic waste incinerators, best available technology standards for air quality control for the facilities, defined at §§ 121.1 and 127.12(a)(5) (relating to definitions; and content of applications).
(2) For existing infectious or chemotherapeutic waste incinerators, reasonably available technology control standards for the facilities, as required by section 2(b) of the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. § 6019.2(b)), known as the Infectious and Chemotherapeutic Waste Law and Department regulations.
(3) For new incinerators for waste other than infectious or chemotherapeutic waste, best available technology standards for the facilities defined at §§ 121.1 and 127.12(a)(5).
(4) For existing incinerators for waste other than infectious or chemotherapeutic waste, reasonably available technology control standards for the facilities, as required by Department regulations.
§ 283.219. 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.
§ 283.220. Radiation monitoring and response.
(a) An operator shall implement the action plan approved under § 283.113 (relating to radiation protection action plan).
(b) An operator shall monitor incoming waste 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. Monitoring shall meet the requirements of this section and the facility's approved radiation protection action plan.
(c) Radiation detector elements shall be as close as practical to the waste load and in an appropriate geometry to monitor the waste. The radiation monitoring system shall be set to alarm at a level no higher than 10 microroentgen per hour (µR/hr) above the average background at the facility when any of the radiation detector elements is exposed to a cesium-137 gamma radiation field. Radiation detector elements shall be shielded to maintain the average background below 10 µR/hr. If capable of energy discrimination, the radiation monitoring system shall be set to detect gamma rays of a 50 kiloelectron volt (keV) energy and higher.
(d) An operator shall have portable radiation monitors capable of determining the radiation dose rate and presence of contamination on a vehicle that has caused an alarm. Upon a confirmed exceedance of the alarm level in subsection (c), a radiological survey of the vehicle shall be performed.
(e) An operator shall notify the Department immediately and isolate the vehicle when radiation dose rates of 20 µSvh-1 (2 mremh-1) or greater are detected in the cab of a vehicle, 500 µSvh-1 (50 mremh-1) or greater are detected from any other surface, or contamination is detected on the outside of the vehicle.
(f) Monitoring equipment shall be calibrated at a frequency specified by the manufacturer, but not less than once a year.
(g) If radioactive material is detected, the vehicle containing the radioactive material may not leave the facility without written Department approval and an authorized United States Department of Transportation exemption form.
§ 283.223. Daily volume.
A person or municipality operating a resource recovery or other processing facility may not receive solid waste at the facility in excess of the maximum daily volume approved in the permit.
[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.
