[30 Pa.B. 6685]
[Continued from previous Web Page]
BOND § 284.641. Bond requirement.
(a) General. The applicant shall provide the Department a bond, secured by collateral as specified by this section and which bond is conditional upon compliance by the licensee with the requirements of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1--6019.6), referred to as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license and Department orders issued to the licensee. The bond shall be consistent with, and subject to, the requirements of this section. The amount, duration, form, conditions and terms of the bond shall be specified by the Department. An additional bond amount will not be required of applicants that are also licensed hazardous waste transporters during the term of license or renewal thereof under this subchapter if the applicant or licensee submits a bond endorsement, including an increase in the amount of the bond of a minimum of $10,000, to the Department that includes liability for infectious and chemotherapeutic waste transportation on the hazardous waste transporter bond.
(b) Approval by Department. A license to transport infectious or chemotherapeutic waste will not be issued by the Department before the applicant for the license has filed a collateral bond payable to the Department on a form provided by the Department, and the bond has been approved by the Department.
(c) Amount of bond.
(1) The bond shall be in an amount sufficient to assure that the licensee faithfully performs the requirements of the act, the Infectious and Chemotherapeutic Waste Law and regulations thereunder, the terms and conditions of the license, and Department orders issued to the licensee. The minimum amount of the bond is $10,000.
(2) The Department may require additional bond amounts if the mode of transporting waste changes, or the Department determines additional bond amounts are necessary to meet the requirements described in paragraph (1).
(d) Term of bond. Liability under the bond shall contain at a minimum for the duration of the license, any renewals thereof and for 1 year after expiration, termination, revocation or surrender of the license. The 1-year extended period of liability includes, and shall be automatically extended for, an additional time period during which administrative or legal proceedings are pending involving a violation by the transporter of the act, the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license or Department orders issued to the licensee.
(e) Collateral for transporter bonds.
(1) The Department will accept the types of collateral for transporter bonds that are provided in § 271.322 (relating to general terms and conditions for collateral bonds).
(2) The terms and conditions for the bonds shall be as provided in §§ 271.322--271.325.
(3) A department or agency of the United States or the Commonwealth applying for a transporter license to transport infectious or chemotherapeutic waste shall satisfy the requirements of this section by filing a bond with the Department under this section, or by another means of financial assurance approved by the Department which satisfies the terms and conditions for bonds under § 271.313(b) (relating to forms, terms and conditions of the bond or trust). The Department may accept a bond executed by a transporter who is not the licensee, in lieu of a bond executed by the licensee, if the liability on the bond meets the requirements of this subchapter. The transporter may not accept waste or initiate operation prior to the approval by the Department of the financial assurances required by this section.
(f) Bonds will be reviewed for legality and form according to established Department procedures.
§ 284.642. Release of bond.
(a) Except as provided in subsection (b), the Department will release a transporter bond 1 year after the expiration or termination of a license upon written request of the licensee.
(b) The Department will not release a bond if the transporter is in violation of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1--6019.6), known as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the license or Department orders issued to the licensee, whether or not the violation results from infectious or chemotherapeutic waste transportation.
(c) The release of a bond by the Department does not constitute a waiver or release of other liability provided in law, nor does it abridge or alter rights of action or remedies of a person or municipality presently or prospectively existing in equity or under criminal and civil common or statutory law.
§ 284.643. Bond forfeiture.
(a) The Department will declare a bond forfeit if the transporter is in violation of the act, the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1--6019.6), known as the Infectious and Chemotherapeutic Waste Law, regulations thereunder, the terms and conditions of the bond, the terms and conditions of the license or Department orders issued to the licensee, whether or not the violation results from infectious or chemotherapeutic waste transportation.
(b) If the Department declares a bond forfeit, it will:
(1) Send written notification to the transporter of the Department's determination to declare the bond forfeit and the reasons for the forfeiture.
(2) Advise the transporter and surety of the right to appeal to the EHB under the Environmental Hearing Board Act (35 P. S. §§ 7511--7514).
(3) Proceed to collect on the bond as provided by applicable laws for the collection of defaulted bonds or other debts.
(c) If the Department declares a transporter bond forfeited, it will pay, or direct the State Treasurer to pay, the collateral funds into the Solid Waste Abatement Fund. If upon proper demand and presentation, the banking institution or other person or municipality which issued the collateral refuses to pay the Department the proceeds of a collateral undertaking, the Department will take appropriate steps to collect the proceeds.
§ 284.644. Replacement of existing bond.
(a) The Department may allow a transporter to replace an existing collateral bond with another collateral bond, if the liability which has accrued under the bond and against the transporter is incorporated into the replacement bond. The bond amount for this replacement bond will be determined under this subchapter, but may not be less than the amount of the existing bond.
(b) The Department will not release existing bonds until the transporter has submitted and the Department has approved acceptable replacement bonds. A replacement of bonds under this section does not constitute a release of bond under § 284.642 (relating to release of bond).
§ 284.645. Preservation of remedies.
Remedies provided or authorized by law for violation of statutes, including, but not limited to, the act, the applicable environmental protection acts, this title and the terms and conditions of permits or licenses, and orders of the Department, are expressly preserved. Nothing in this subchapter is an exclusive penalty or remedy for the violations. No action taken under this subchapter waives or impairs another remedy or penalty provided in law or equity.
Subchapter H. MANIFESTING FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE
GENERAL Sec.
284.701. Scope.
284.702. Transfer facilities.
284.703. Recordkeeping.
GENERATOR RESPONSIBILITIES 284.711. Use of manifest.
284.712. Preparation of manifest.
284.713. Generator's distribution of copies.
284.714. Exception reporting.
TRANSPORTER RESPONSIBILITIES 284.721. Basic requirements.
284.722. Preparation and use of manifest.
284.723. Waste delivey.
284.724. Transportation limitations.
FACILITY RESPONSIBILITIES 284.731. Scope.
284.732. Use of manifest.
284.733. Distribution of copies.
284.734. Significant discrepancies.
GENERAL § 284.701. Scope.
(a) Except as provided in subsections (b) and (c), this subchapter applies to a person or municipality that generates, transports, disposes or processes infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable.
(b) This subchapter does not apply to a person or municipality for the following activities:
(1) Onsite movement of infectious or chemotherapeutic waste by generators.
(2) Onsite movement of infectious or chemotherapeutic waste by owners or operators of permitted infectious or chemotherapeutic waste management facilities.
(3) Transportation by a generator who generates less than 220 pounds per month of infectious and chemotherapeutic waste if the following are met:
(i) The generator only transports his own waste.
(ii) The generator records on a log or shipping paper the following information for each shipment:
(A) The name, address and telephone number of the generator of the waste.
(B) The quantity of the waste transported and accepted by the processing or disposal facility.
(C) The date the waste is transported and accepted by the processing or disposal facility.
(iii) The generator carries and delivers a copy of this record with the waste shipment to the offsite processing or disposal facility.
(4) The transportation of used sharps from generators who generate less than 220 pounds per month of infectious and chemotherapeutic waste if the following are met:
(i) The package is sent to a permitted processing or disposal facility in this Commonwealth or to an out-of-State facility by certified mail, return receipt requested, indicating the name and address of the sender, the name of the addressee, the signature of the addressee, the date of delivery and the address where delivered or by utilizing an alternate tracking system approved in writing by the Department if applicable.
(ii) The packaging meets the requirements of the United States Postal Service or other mail carriers.
(iii) The generator maintains a log containing the following information:
(A) The weight of the waste transported.
(B) The date of shipment.
(C) The name and address of each processing or disposal facility to which the generator is shipping the waste by the United States Postal Service or other mail carrier.
(5) The transportation by a generator of less than 220 pounds per month of infectious or chemotherapeutic waste that he generates and processes onsite, but which is recognizable waste, if the following are met:
(i) The generator records on a log or shipping paper the following information for each shipment:
(A) The name, address and telephone number of the generator of the waste.
(B) The quantity of the waste transported and accepted by the disposal facility.
(C) The name, address and telephone number of the transporter for each shipment of waste. If applicable, the log or shipping paper shall include the identification number of a licensed transporter.
(D) The date the waste is transported and accepted by the processing or disposal facility.
(ii) A copy of the log or record shall be carried and delivered to the disposal facility by the transporter for each shipment of waste.
(6) The transportation through this Commonwealth of infectious or chemotherapeutic waste generated outside this Commonwealth and which is destined for processing or disposal outside this Commonwealth.
(7) The transportation of processed infectious or chemotherapeutic waste to a disposal facility if the waste has been rendered unrecognizable.
(c) This subchapter does not apply to a person or municipality which receives infectious or chemotherapeutic waste generated in this Commonwealth and which processes or disposes of the waste outside this Commonwealth in a state that provides a manifest or tracking form if the following are met:
(1) The state requires a manifest or tracking form for infectious or chemotherapeutic waste, regardless of whether the state requires a manifest or tracking form for infectious or chemotherapeutic waste as defined in this article.
(2) The generator obtains a manifest or tracking form for infectious or chemotherapeutic waste from that state.
(3) The generator, transporter and owner or operator of a processing or disposal facility comply with the requirements on the manifest or tracking form and applicable state or Federal law, managing the infectious or chemotherapeutic waste as if it were regulated waste under applicable law. For purposes of this subsection, applicable law includes the provisions of this subchapter that are expressly applicable to waste that will be transported outside this Commonwealth for processing or disposal.
§ 284.702. Transfer facilities.
(a) Infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable may be transported to or from a transfer facilty under this subchapter. The use of a transfer facility shall require two manifests, one for the transportation of waste to the facility, and one for the transportation of waste from the facility.
(b) If infectious or chemotherapeutic waste or processed waste which is recognizable is transported to a transfer facility, the transfer facility shall be considered the designated facility for purposes of this subchapter. When the waste is transported from the transfer facility to a processing or disposal facility, the transfer facility shall be considered the generator and the processing or disposal facility shall be considered the new designated facility for purposes of this subchapter.
§ 284.703. Recordkeeping.
(a) The records required under this subchapter shall be retained for at least 5 years from the date on which the report was required to be prepared. The retention period shall be extended automatically during the course of an enforcement action or as requested by the Department.
(b) Manifest copies shall be retained for at least 5 years from the date of shipment of the waste. Manifest copies retained under this subchapter shall be furnished to the Department upon request. The retention period shall be extended automatically during the course of an enforcement action or as requested by the Department.
GENERATOR RESPONSIBILITIES § 284.711. Use of manifest.
(a) A generator who transports, or offers for transportation, infectious or chemotherapeutic waste for offsite processing or disposal shall ensure proper segregation of infectious and chemotherapeutic waste from other types of waste and prepare a manifest according to the instructions supplied with the manifest. A processor who transports, or offers for transportation, processed infectious or chemotherapeutic waste that is recognizable for offsite disposal shall be considered a generator for purposes of manifesting. The manifest shall be in at least four parts.
(b) If the waste is to be processed or disposed in this Commonwealth, the generator shall use one of the manifest formats prescribed by the Department.
(c) The manifest copies shall be distributed as follows:
(1) A four-part manifest shall be used by a generator who designates only one transporter.
(i) Copy 4 of the manifest is retained by the generator.
(ii) Copy 3 of the manifest is retained by the transporter.
(iii) Copy 2 of the manifest is retained by the owner or operator of the processing or disposal facility.
(iv) Copy 1 of the manifest is mailed to the generator by the owner or operator of the processing or disposal facility.
(2) A five-part manifest shall be used by a generator who designates two transporters.
(i) Copy 4 of the manifest is retained by the generator.
(ii) Copy 3A of the manifest is retained by the first transporter.
(iii) Copy 3 of the manifest is retained by the second transporter.
(iv) Copy 2 of the manifest is retained by the owner or operator of the processing or disposal facility.
(v) Copy 1 of the manifest is mailed to the generator by the owner or operator of the processing or disposal facility.
(3) A six-part manifest shall be used by a generator who designates three transporters.
(i) Copy 4 of the manifest is retained by the generator.
(ii) Copy 3B of the manifest is retained by the first transporter.
(iii) Copy 3A of the manifest is retained by the second transporter.
(iv) Copy 3 of the manifest is retained by the third transporter.
(v) Copy 2 of the manifest is retained by the owner or operator of the processing or disposal facility.
(vi) Copy 1 of the manifest is mailed to the generator by the owner or operator of the processing or disposal facility.
(d) If the waste is to be processed or disposed outside this Commonwealth, the generator shall obtain the manifest from the destination state. If the destination state does not supply the manifest, the generator shall use the manifest format required by the Department.
§ 284.712. Preparation of manifest.
(a) The generator shall provide the following information on each manifest before the offsite transportation of the manifested waste occurs:
(1) The name, mailing address and telephone number of the generator.
(2) The total number of pages used to complete the manifest, counting the first page plus the number of continuation sheets, if any.
(3) Each transporter's company name, identification number, Pennsylvania infectious and chemotherapeutic waste transporter license number and telephone number. If three transporters are designated by the generator, enter the third transporter's name, identification number, Pennsylvania infectious and chemotherapeutic waste transporter license number, telephone number and the words ''Transporter 3 sign here,'' in the Special Handling Instruction Section.
(4) The number of containers, types of containers and the total quantity of the waste by weight or volume.
(5) The infectious or chemotherapeutic waste code number for each waste as indicated on the manifest instructions.
(6) The United States Department of Transportation proper shipping name, hazard class and identification number (UN or NA) for each waste identified by 49 CFR Subchapter C (relating to hazardous materials regulations), if applicable.
(7) Special instructions and information necessary for proper handling of the waste during transportation, processing, storage or disposal, if any.
(8) The printed or typed name and handwritten signature of the generator's authorized representative, and the date of shipment.
(9) The printed or typed name and handwritten signature of the initial transporter's authorized representative, and the date of receipt.
(10) The designated facility's name, site address, Pennsylvania State permit or identification number and phone number. One alternate facility's name, site address, Pennsylvania State permit or identification number and phone number may be designated on the manifest to receive the waste. A facility may only be designated if it has been approved by the Department to accept the generator's waste.
(b) An authorized representative of the generator shall ensure that the manifest has been completed and shall read the certification statement on the manifest prior to signing the manifest.
(c) The generator shall ensure before the waste is transported offsite that the required information on all parts of the manifest are capable of being read.
(d) When the generator uses lab packs containing more than four different waste streams, the generator shall complete a continuation sheet (EPA Form 8700-22A).
(e) For a shipment containing more than four different waste streams, which is not a lab pack, the generator shall complete additional manifests as necessary for waste streams in excess of four, according to the instructions on the manifest.
§ 284.713. Generator's distribution of copies.
(a) Except as provided in subsection (b), the generator shall detach and retain copy 4 of the manifest.
(b) A generator located in this Commonwealth and designating a facility in a state that supplies the manifest shall provide information and distribute copies as required by the manifest in accordance with instructions supplied with the manifest and retain one copy of the manifest.
(c) The generator shall give the transporter the remaining copies of the manifest before the transporter leaves the generator's property.
§ 284.714. Exception reporting.
(a) A generator that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated processing or disposal facility within 20 days of the date the generator's waste was accepted by the initial transporter shall:
(1) Contact the transporter or the owner or operator of the designated facility, or both, to determine the status of the infectious or chemotherapeutic waste or processed recognizable waste shipment.
(2) Notify the Department's appropriate regional office by telephone within 1 business day of the status of the shipment.
(b) A generator shall notify by telephone the Department's appropriate regional office and submit an exception report to the Department's central office if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated processing or disposal facility within 35 days of the date the generator's waste was accepted by the initial transporter.
(c) The exception report shall include the following:
(1) A legible copy of the manifest for which the generator does not have confirmation of delivery.
(2) A cover letter signed by the generator or an authorized representative explaining the efforts taken to locate the waste shipment and the results of those efforts.
TRANSPORTER RESPONSIBILITIES § 284.721. Basic requirements.
Except as provided in § 284.701 (relating to scope), a transporter may not accept infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable unless it is accompanied by a manifest which has been completed and signed by the generator or the generator's authorized agent under § 284.712 (relating to preparation of manifest).
§ 284.722. Preparation and use of manifest.
(a) Before transporting infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable, the transporter shall print or type his name, sign and date the manifest, and, by the signature, acknowledge acceptance of the waste from the generator.
(b) Before leaving the generator's property, the transporter shall ensure that all copies of the manifest are properly completed and capable of being read, and shall return copy 4 of the manifest to the generator according to the instructions on the manifest.
(c) The transporter shall ensure that the manifest accompanies the waste shipment.
(d) The transporter may not add additional information to the generator's or designated facility's portions of the manifest or alter the generator's information on a manifest as it existed when the generator signed the manifest.
(e) A transporter who delivers infectious or chemotherapeutic waste or processed recognizable waste to the designated processing or disposal facility shall:
(1) Obtain on the manifest the date of delivery, the printed or typed name and handwritten signature of the owner or operator of the designated facility.
(2) Retain copy 3 of the manifest according to the instructions supplied with the manifest.
(3) Give the remaining copies of the manifest to the owner or operator of the designated facility.
(f) The transporter who delivers infectious or chemotherapeutic waste to another transporter shall:
(1) Obtain the following information on the original manifest and on an additional copy of the manifest provided by the generator:
(i) The date of delivery to the subsequent transporter.
(ii) The printed or typed name of the subsequent transporter and his handwritten signature.
(2) Retain the additional copy signed by the subsequent transporter.
(3) Give the remaining additional copies of the manifest to the subsequent transporter.
§ 284.723. Waste delivery.
(a) The transporter shall deliver the entire quantity of infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable which he has accepted from a generator, a processor or a transporter to one of the following:
(1) The designated facility listed on the manifest by the generator.
(2) The next designated transporter listed on the manifest by the generator.
(b) If the waste cannot be delivered in accordance with subsection (a), the transporter shall do one of the following:
(1) Return the waste to the generator.
(2) Deliver the waste to the alternate facility designated by the generator on the original manifest.
(3) Receive from the generator another properly completed manifest designating an alternate facility from the originally designated facility before transporting the waste to the alternate facility.
§ 284.724. Transportation limitations.
(a) A transporter may not accept or transport a shipment of infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable if:
(1) The waste is in containers or packaging which appear to be leaking, damaged or otherwise in violation of § 284.415 or § 284.512 (relating to storage containers; and transportation of infectious and chemotherapeutic waste; general provisions).
(2) The waste is not labeled or identified as required by § 284.416 (relating to marking of containers).
(3) The number and type of containers and quantity of waste to be transported do not correspond with the number and type of containers and quantity of waste stated on the manifest.
(4) Any copy of the manifest is not completed according to the manifest instructions or if information on copies of the manifest is not capable of being read.
(b) A transporter shall ensure that the waste shipment complies with applicable United States Department of Transportation regulations and 67 Pa. Code Part I (relating to Department of Transportation).
FACILITY RESPONSIBILITIES § 284.731. Scope.
Sections 284.732--284.734 (relating to use of manifest; distribution of copies; and significant discrepancies) apply to owners and operators of waste processing or disposal facilities that receive infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable from offsite sources.
§ 284.732. Use of manifest.
(a) Except for waste managed in accordance with § 284.701 (relating to scope), an owner or operator of a designated facility may not accept shipments of infectious or chemotherapeutic waste or processed infectious or chemotherapeutic waste that is recognizable from offsite sources unless the shipment is accompanied by a Pennsylvania manifest in accordance with this subchapter.
(b) The owner or operator of the designated facility shall:
(1) Print or type his name, and sign and date each copy of the manifest to certify that the waste covered by the manifest was received.
(2) Note significant discrepancies in the information on the manifest, as defined in § 284.734 (relating to significant discrepancies).
(3) Note the rejection in the discrepancy indication space, and sign and date the manifest in accordance with paragraph (1) if either partially or totally rejecting the waste.
(c) The owner or operator of the designated facility may not alter or add to the information in the generator or transporter sections of the manifest form.
(d) The owner or operator of the designated facility shall ensure that information entered on the manifest is capable of being read on all copies of the manifest.
§ 284.733. Distribution of copies.
The owner or operator of a designated facility or an authorized representative shall:
(1) Immediately upon signing the manifest to either partially or totally accept or reject the waste shipment, give the transporter copy 3 of the signed manifest.
(2) Retain copy 2 of the manifest for his records.
(3) Send copy 1 of the manifest to the generator within 14 days of the date of receipt of the waste.
§ 284.734. Significant discrepancies.
(a) This section applies if there is a significant discrepancy in a manifest. A discrepancy is a difference between the quantity or type of waste designated on the manifest, and the quantity or type of waste a facility actually receives. A significant discrepancy occurs if one or more of the following apply:
(1) There is a variation greater than 5% in weight, for bulk waste.
(2) There is a variation in piece count, for batch waste.
(3) There is a difference in waste type which can be discovered by inspection or waste analysis.
(b) If there is a significant discrepancy in a manifest, the owner or operator shall attempt to reconcile the discrepancy before the waste is processed or disposed at the facility or before the waste is accepted at a transfer facility. If the discrepancy is not resolved within 3 days of receipt of the waste, the owner or operator shall immediately notify the appropriate regional office of the Department by telephone. Within 7 days of receipt of the waste, the owner or operator shall also send a letter to the regional office describing the discrepancy and attempts to reconcile it, and include a legible copy of the relevant manifest.
CHAPTER 285. STORAGE, COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
Subchapter A. STORAGE OF MUNICIPAL WASTE
SCOPE § 285.101. Scope.
(a) A person or municipality that stores municipal waste shall comply with §§ 285.111--285.117 (relating to general).
(b) In addition to the requirements of subsection (a):
(1) A person or municipality that stores municipal waste in the manner identified in §§ 285.121--285.124 (relating to types of storage) shall store the waste under the applicable provisions of those sections.
(2) A person or municipality that stores the type of municipal waste referred to in §§ 285.131--285.134 (relating to additional requirements for certain types of waste) shall store the waste under the applicable provisions of those sections.
GENERAL § 285.111. General requirements.
A person or municipality that stores municipal waste may not do the following:
(1) Mix the waste with hazardous waste that is regulated under Article VII (relating to hazardous waste management).
(2) Mix the waste with, or store the waste in close proximity to, other solid waste to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.
(3) Mix the waste with special handling waste.
(4) Allow waste or constituents of waste to be blown or otherwise deposited outside of the storage area.
§ 285.112. Design and operation.
(a) A person or municipality storing municipal waste shall employ best engineering design and construction practices for all phases of construction and operation.
(b) A person or municipality may not store municipal waste in a manner that exceeds the design capacity of the storage facility.
(c) The Department may require a person or municipality to install a water quality monitoring system in accordance with §§ 273.281--273.285 if storage of the waste has the potential to cause groundwater degradation. In all cases, a groundwater monitoring system is required for sewage sludge storage impoundments constructed after January 25, 1997, and leachate storage impoundments under § 285.123 (relating to impoundments--general).
(d) A person or municipality storing municipal waste shall routinely inspect the facility, its equipment and the surrounding area for evidence of failure and shall immediately take necessary corrective actions. The person or municipality shall maintain records of inspections and corrective actions that were taken, and shall make the records available to the Department upon request.
(e) A person or municipality may not store putrescible waste in piles, except for sewage sludge that has been stabilized, dried to 20% or greater solids content by weight, and stored under this chapter.
§ 285.115. Nuisance minimization and control.
(a) A person or municipality that stores municipal waste shall:
(1) Eliminate conditions conducive to the harborage, breeding or attraction of vectors.
(2) Take other measures necessary to minimize and control the presence of vectors.
(3) If vectors are present, immediately take measures necessary to exterminate them.
(b) A person or municipality storing municipal waste shall also minimize and control conditions not otherwise prohibited by this subchapter that are harmful to the public health, public safety or the environment, or which create safety hazards, odors, dust, unsightliness or other public nuisances.
§ 285.116. Surface and groundwater protection.
(a) Surface water runoff from storage areas shall be minimized. Collection of surface water runoff shall be managed in accordance with The Clean Streams Law (35 P. S.. §§ 691.1--691.1001) and the regulations promulgated thereunder.
(b) Surface water run-on to storage areas shall be minimized.
(c) Waste may not be stored in a manner that causes groundwater degradation.
§ 285.117. Emergency storage.
Notwithstanding a provision of this article or term or condition of a permit for a solid waste processing or disposal facility, the Department may allow the storage of municipal waste at a permitted facility if the following conditions are met:
(1) The waste was created, spilled or released during or as a result of an emergency. The waste may also be created as a result of adverse effects on groundwater from a solid waste management facility, materials storage tank or similar source.
(2) The permitted facility includes the following:
(i) A designated waste storage area.
(ii) An approved storage and handling plan that will allow storage of the waste without any adverse effect on public health, safety, welfare or the environment.
(iii) Plans for prompt removal of the waste and disposal or processing at another permitted facility if the Department denies the application for permit modification under paragraph (3).
(3) Within 5 working days after storage begins, the Department has received an application for permit modification under § 271.222 (relating to permit modification) to allow the disposal or processing of the waste at the facility.
TYPES OF STORAGE § 285.121. Containers.
(a) A person or municipality storing municipal waste shall provide a sufficient number of containers to prevent leaks, odors and vector attraction and to contain solid waste generated during periods between regularly scheduled collections.
(b) An individual container or bulk container used for the storage of municipal waste shall have the following characteristics:
(1) The container shall be constructed to be easily handled for collection.
(2) The container shall be constructed of rust resistant and corrosion resistant materials.
(3) The container shall be equipped with a tight fitting lid or cover, or otherwise sealed.
(4) The container shall be watertight, leak proof, insect proof and rodent proof.
(5) The container shall be clearly labeled as ''municipal waste'' or a specific type of municipal waste.
(c) A person or municipality that stores municipal waste outside of containers shall tie the wastes securely in bundles of a size that can be readily handled for collection, and in a manner that minimizes litter, safety hazards and fire hazards.
§ 285.124. Impoundments--failure.
(a) If a surface impoundment fails, the person or municipality storing municipal waste shall immediately:
(1) Stop adding waste to the impoundment.
(2) Contain a discharge that has occurred or is occurring.
(3) Empty the impoundment in a manner approved by the Department if leaks cannot be stopped.
(4) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.
(b) A surface impoundment that has been removed from service due to failure may not be restored to service unless the following requirements are met:
(1) The impoundment has been repaired.
(2) The repair has been certified to the Department, in writing, by a registered professional engineer.
(3) The Department has approved, in writing, the restoration of the impoundment to service.
(c) If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that will protect public health, safety and the environment and that is satisfactory to the Department, the operator shall submit a closure plan to the Department that meets one of the following and, upon Department approval, implement the closure plan:
(1) Removal of waste.
(i) The closure plan provides for removal of the waste and structures or other materials which contain or are contaminated with solid waste.
(ii) The closure plan provides for the processing or disposal of the waste and material under the environmental protection acts and this title.
(iii) If required by the Department, the closure plan includes a soil and groundwater monitoring plan to assess the impact of the failure on groundwater consistent with § 273.286 (relating to assessment plan).
(iv) If the groundwater assessment shows the presence of groundwater degradation at one of the monitoring wells, the operator shall comply with § 273.287 (relating to abatement plan).
(2) Waste remaining in place. If the closure plan provides for leaving the waste in place, the operator shall comply with § 271.113 (relating to closure plan).
ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF WASTE § 285.132. (Reserved)
ADDITIONAL REQUIREMENTS FOR INFECTIOUS/CHEMOTHERAPEUTIC WASTE § 285.142--285.148. (Reserved)
Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
SCOPE § 285.201. Scope.
A person or municipality that collects or transports municipal waste shall comply with §§ 285.211--285.219 (relating to general provisions). A person or municipality that transports the types of municipal waste referred to in §§ 284.512, 285.221 and 285.225 (relating to transportation of ash residue from municipal waste incineration and from infectious or chemotherapeutic waste incinerations; transportation of infectious and chemotherapeutic waste; general provisions and transportation of residential septage) shall transport the waste under the applicable provisions of those sections.
GENERAL PROVISIONS § 285.211. General requirements.
(a) Municipal waste, including ash residue from municipal waste incineration and infectious or chemotherapeutic waste incineration, shall be completely covered during transportation and parking with a cover that meets the following requirements. The cover shall:
(1) Be water resistant.
(2) Be securely fastened.
(3) Eliminate the potential for roadside littering, dust, leakage, discharge, attraction or harboring of vectors, or other nuisances.
(b) A person or municipality that collects or transports municipal waste may not mix the waste with:
(1) Hazardous waste regulated under Article VII (relating to hazardous waste management).
(2) Other solid waste to create a risk of fire or explosions, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.
(3) Special handling waste.
(c) A person or municipality that collects or transports source separated recyclable materials may not combine waste with the source separated recyclable materials in the collection or transportation vehicle.
§ 285.212. Collection and transportation.
(a) A person or municipality that is responsible for the collection of municipal waste shall make collection services available with sufficient frequency to prevent a nuisance or hazard to public health, safety or welfare.
(b) A person or municipality that generates municipal waste shall schedule collection of waste with sufficient frequency to prevent a nuisance.
(c) A person or municipality may not park a municipal waste collection or transportation vehicle to cause a nuisance or a hazard to public health, safety and welfare. A person or municipality may not allow a municipal waste collection or transportation vehicle to remain in a residential area for more than 4 hours.
§ 285.214. Transportation equipment cleaning areas and securing loads in vehicles.
(a) Transportation equipment cleaning areas shall meet the following requirements:
(1) Drainage from equipment cleaning areas shall be managed to prevent surface water pollution or groundwater pollution.
(2) Drainage shall be discharged to a sanitary sewer system or other treatment facility.
(3) The surface of the equipment cleaning area shall be constructed of impervious material that can be easily cleaned and is well drained.
(4) Windborne drift of steam or atomized water shall be controlled.
(b) Loads in vehicles shall be secured in the following manner:
(1) Load of loose garbage. Every load of loose nonbaled municipal waste being transported through or within this Commonwealth shall be transported in a vehicle with four solid sides and with a cover or top of a type to prevent any of the load from escaping. The cover or top shall remain tightly in place going to a disposal site. The load shall be no higher than the solid sides of the vehicle. It is imperative that municipal waste be removed from the vehicle at the disposal site to prevent scattering of litter on the highway during the return trip. A truck, trailer or semitrailer with an open body or stake body may not be used for these purposes. This subsection does not apply to vehicles engaged in the systematic collection of garbage or refuse and which are designed to be open in the rear for the loading of municipal waste.
(2) Load of baled garbage. Municipal waste in a tightly compacted and baled form being transported through or within this Commonwealth shall be securely fastened to the vehicle and covered over exposed areas with a canvas cover or cover of a comparable type which shall be securely attached to the under sides of the sides of the truck, trailer or semitrailer to prevent material from the bales from escaping. No part of a bale may be uncovered, except for inspection, during transportation within or through this Commonwealth until arrival at the disposal site.
§ 285.216. Wastes from accidents and spills.
(a) A person or municipality that generates or discharges municipal waste or other material as a result of an accident, spill or emergency shall notify the Department prior to the disposal of the waste.
(b) The Department may immediately approve emergency storage, transportation, processing or disposal methods necessary to mitigate harm to the public health, safety or the environment. Storage may be at the site of emergency at a permitted processing or disposal facility under § 285.117 (relating to emergency storage) or at a site approved by the Department.
(c) Compliance with this section does not relieve a person from liability, either criminal or civil, under the act, the environmental protection acts or this title.
§ 285.217. Recordkeeping and reporting.
(a) General. A person or municipality that collects or transports municipal waste other than infectious and chemotherapeutic waste shall make and maintain an operational record each day that municipal waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following;
(1) The county and state where the waste was originally collected.
(2) The name, mailing address and telephone number of the person or municipality collecting or transporting the waste.
(3) The name and location of a transfer facility that has received, or will receive, the waste.
(4) The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.
(5) The weight or volume of the types of municipal waste transported.
(6) A description of handling problems or emergency disposal activities.
(b) The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.
§ 285.219. Transporting foodstuffs and feedstuffs in vehicles used to transport waste.
(a) A person or municipality may not transport, or knowingly provide a vehicle for the transportation of, a food product or produce intended for human or livestock consumption, in a vehicle which has been used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(b) A person or municipality may not knowingly accept a food product or produce from, or provide a food product or produce to, a vehicle used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(c) As used in this section, the following words and phrases have the following meaning:
(1) Food product or produce--A raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
(2) In bulk--Not divided into parts or packaged in separate units.
(3) Chemical or liquid--The term includes any chemical or liquid, including any pesticide or herbicide regardless of its use or intended use. The term does not include the following:
(i) A chemical or liquid food product or produce.
(ii) A chemical or liquid being transported for use directly in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodites.
(iii) A chemical or liquid being transported for use as an ingredient in a product used in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodities.
TYPES OF WASTE §§ 285.222--285.224. (Reserved)
Subchapter C. (Reserved) §§ 285.301--285.303. (Reserved)
§ 285.311. (Reserved)
§ 285.312. (Reserved)
§§ 285.321--285.325. (Reserved)
§§ 285.331--285.334. (Reserved)
§§ 285.341--285.345. (Reserved)
Subchapter D. (Reserved) §§ 285.401--285.403. (Reserved)
§§ 285.411--285.414. (Reserved)
§§ 285.421--285.424. (Reserved)
§§ 285.431--285.434. (Reserved)
[Pa.B. Doc. No. 00-2254. Filed for public inspection December 22, 2000, 9:00 a.m.]
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