[31 Pa.B. 235]
[Continued from previous Web Page]
PUBLIC NOTICE AND COMMENTS § 287.151. Public notice by applicant.
(a) An applicant for a new permit, major permit modification, permit renewal, permit reissuance and a person or municipality submitting a closure plan shall publish once a week for 3 consecutive weeks a notice in a newspaper of general circulation in the area where the facility or proposed facility is located. The notice shall meet the following requirements:
(1) The notice shall include a brief description of the location and proposed operation or closure of the facility, and shall indicate where copies of the application or closure plan will be filed. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(2) The notice shall state that the host municipality and county may submit comments to the Department within 60 days of receipt of the application or closure plan, recommending conditions upon, revisions to and approval or disapproval of the permit or closure plan, with the specific reason described in the comments.
(3) The notice shall state that the Department will accept comments from the public on the permit application or closure plan and shall state the procedure for submission of comments.
(4) The notice shall state if the applicant proposes a design alternative under § 287.231 (relating to equivalency review procedure) and shall briefly describe the alternative design.
(5) If the application is for a new residual waste landfill, residual waste disposal impoundments, transfer facility or incinerator or for a major modification of a residual waste landfill or residual waste disposal impoundment permit, the notice shall be in the form of a display advertisement.
(b) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan, shall also notify by certified mail, owners and occupants of land continguous to the site or the proposed permit area of the nature and extent of the proposed facility or closure plan. If the applicant proposes design alternative under § 287.231, the notice shall so state and shall briefly describe the alternative design. The applicant shall submit proof of the notice in the form of a United States Postal Service postmarked signature card or other dated acknowledgment form of private letter carrier services.
(c) The Department may require the person or municipality to provide additional public notice if the Department determines that the proposed facility or closure plan is of significant interest to the public or may cause significant environmental impact.
(d) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan shall, immediately before the application or plan is filed with the Department, give written notice to each municipality in which the site or proposed permit area is located. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site. The notice shall state if the applicant proposes a design alternative under § 287.231, and shall briefly describe the alternative design. The applicant shall file with the Department a copy of the notice as part of the application or plan. The Department will not issue a permit for 60 days from the date of this notice unless each municipality to which this notice is sent submits a written statement to the Department expressly waiving the 60-day period.
(e) Proof of compliance with the applicable requirements of this section shall be submitted within 30 days of filing its permit application or closure plan with the Department.
(f) For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, the notice required by this section shall be provided only for the Phase I application.
§ 287.152. Public notice by Department.
(a) The Department will publish a notice in the Pennsylvania Bulletin of the following:
(1) Receipt of an application for a new permit, permit reissuance, permit renewal or major permit modification. For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, this notice shall be provided only for the Phase I application.
(2) Receipt of a closure plan and if groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(3) Issuance or denial of an application for a new permit, permit reissuance, permit renewal or major permit modification.
(4) Justification for overriding county or host municipality recommendations regarding an application for a new permit, permit reissuance, permit renewal or major permit modification under section 504 of the act (35 P. S. § 6018.504).
(b) The Department will submit a copy of each application for a new permit, permit reissuance, permit renewal or major permit modification, and each closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists. If groundwater degradation exists at closure or occurs after closure, the Department will include a copy of the applicant's list of contaminants, identification of abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, copies of the Phase I and Phase II applications will be submitted.
(c) The Department will provide written notice of each final action taken on an application for a new permit, permit reissuance, permit renewal or permit modification, and each closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists.
§ 287.154. Public notice and public hearings for permit modifications.
(a) An application for a permit modification for a residual waste landfill or residual waste disposal impoundment shall be considered an application for a major permit modification under §§ 287.151--287.153 (relating to public notice by applicant; public notice by Department; and public comments) if the application involves one or more of the following:
(1) A change in site volume or waste capacity.
(2) A change in the average or maximum daily waste volume.
(3) A change in excavation contours or final contours, including final elevations and slopes, if the change results in increased disposal or storage capacity or impacts groundwater isolation distances or groundwater quality.
(4) A change in permitted acreage.
(5) A change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters, or a change in the groundwater monitoring plan for a facility permitted prior to the effective date of these regulations to comply with the requirements of this article.
(6) A change in approved leachate collection and treatment method.
(7) A change in gas monitoring or management plan, or both, except where installation of additional wells or improvements to the collection systems are proposed.
(8) A change in the approved closure plan.
(9) The acceptance for disposal of types of waste not approved in the permit.
(10) A change in approved design under § 287.231 (relating to equivalency review procedure) if the design has not been previously approved through an equivalency review.
(11) The submission of an abatement plan.
(12) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221 (relating to permit reissuance).
(13) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(14) The disposal of waste in areas that have reached final permitted elevations.
(15) Submission of a radiation protection action plan.
(b) An application for a permit modification for a residual waste processing facility shall be considered an application for a major permit modification under §§ 287.151--287.153 if the application involves one or more of the following:
(1) A change in specifications or dimensions of waste storage or residue storage areas if the change results in an increase in processing or storage capacity.
(2) A change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.
(3) A change in an approved closure plan.
(4) The acceptance for processing of types of waste not approved in the permit.
(5) A change in residue disposal area, if applicable.
(6) A change in approved design under § 287.231 if the design has not been previously approved through an equivalency review.
(7) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221.
(8) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(9) Change in the maximum daily waste volume.
(10) Submission of a radiation protection action plan.
(c) An application for a permit modification for the land application of residual waste shall be considered an application for a major permit modification under §§ 287.151--287.153 if the application involves one or more of the following:
(1) A change in the approved maximum application rates.
(2) The acceptance of residual waste from generators not approved in the permit.
(3) A change in the approved groundwater monitoring plan, if groundwater monitoring is required, except for the addition of wells or parameters.
(4) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221.
(5) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(d) The Department may require public notice or public hearings for an application for permit modification not described in this section that the Department believes should be subject to public notice or public hearings.
(e) If the Department modifies a permit under section 503(e) of the act (35 P. S. § 6018.503(e)) without first receiving a permit application, it will subsequently publish notice of the permit modification in the Pennsylvania Bulletin.
Subchapter D. PERMIT REVIEW PROCEDURES AND STANDARDS
PERMIT REVIEW § 287.201. Criteria for permit issuance or denial.
(a) A permit application will not be approved unless the applicant affirmatively demonstrates to the Department's satisfaction that the following conditions are met:
(1) The permit application is complete and accurate.
(2) Residual waste management operations can be feasibly accomplished pursuant to the application as required by the act, the environmental protection acts and this title.
(3) The requirements of the act, the environmental protection acts, this title and PA. CONST. Art. I, § 27 have been complied with.
(4) The mitigation plans required by § 287.127 (relating to environmental assessment) are implemented if required by the Department.
(5) Residual waste management operations under the permit will not cause air pollution, or water pollution, except that the Department may approve an application for permit modification to control or abate groundwater degradation under a new or modified groundwater collection or treatment facility.
(6) When the potential for mine subsidence exists, subsidence will not endanger or lessen the ability of the proposed facility to operate in a manner that is consistent with the act, the environmental protection acts and this title, and will not cause the proposed operation to endanger the environment or public health, safety or welfare.
(7) The compliance status of the applicant or a related party under section 503(c) and (d) of the act (35 P. S. § 6018.503(c) and (d)) does not require or allow permit denial.
(b) Failure by the Department to comply with a timetable in § 287.202 or § 287.203 (relating to completeness review; and review period) will not be construed or understood to constitute grounds for issuance of a permit.
§ 287.202. Receipt of application and completeness review.
(a) After receipt of a permit application, the Department will determine whether the application is administratively complete.
(b) For purposes of this section, ''receipt of a permit application'' does not occur for an application for a new facility or a permit modification that would result in an increased average or maximum daily waste volume, increased disposal capacity or expansion of the permit area, until the following requirements are met:
(1) The Department, applicant and municipal officials meet to discuss the permit application, the Department's permit application review process and the public involvement steps in that process and to hear and understand the concerns and questions of the municipal officials, as described in the Department's Local Municipality Involvement Process Policy, Document Number 254-2100-100. The Department may invite other persons from the local municipalities who have an interest in the application.
(2) An alternative project timeline is established for review of a permit application for a noncaptive residual waste landfill, disposal impoundment or incinerator through negotiation among the Department, applicant and representatives of the host county and host municipality. If the parties are unable to reach agreement, the Department will determine an appropriate timeline, taking into consideration the level of public interest and incorporating into the timeline sufficient opportunity for meaningful public participation. Public notice of a negotiated timeline will be made in the Pennsylvania Bulletin as part of the permit application receipt announcement required by § 287.152 (relating to public notice by the Department).
(c) For purposes of this section, an application is administratively complete if it contains necessary information, maps, fees and other documents, regardless of, whether the information, maps, fees and documents would be sufficient for issuance of the permit. If the Phase I and Phase II parts of the application for a landfill are submitted separately the application will not be considered to be administratively complete until both parts are determined to be administratively complete.
(d) If the application is not administratively complete, the Department will, within 60 days of receipt of the application, return it to the applicant, along with a written statement of the specific information, maps, fees and documents that are required to make the application administratively complete.
(e) The Department will deny the application if the applicant fails to provide the information, maps, fees and documents within 90 days of receipt of the notice in subsection (d).
(f) The following definitions apply in this section:
Approach routes--Routes from the nearest limited access (or major) highway used by vehicles traveling to and from the facility.
Local municipalities--Include the host municipality, the host county, municipalities adjacent to the host municipality or municipalities, municipalities located within 1 mile of the permitted or proposed area, other municipalities that demonstrate that they may be adversely impacted by the proposed project and municipalities located along the approach routes.
Municipal officials--Representatives of local municipalities with whom the Department will coordinate prepermit application and early permit application review.
§ 287.203. Review period.
(a) The Department will issue or deny permit applications under this article within the following periods of time:
(1) For captive residual waste landfills and disposal impoundments, within 12 months from the date of the Department's determination under § 287.202 (relating to receipt of application and completeness review) that the application is administratively complete.
(2) For noncaptive residual waste landfills, disposal impoundments and incinerators, within the period established in the alternative project timeline developed under § 287.202 (relating to receipt of application and completeness review).
(3) For other permits, within 6 months from the date of the Department's determination under § 287.202 that the application is administratively complete.
(b) The time periods set forth in subsection (a) do not include periods beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits the corrections or changes to the Department's satisfaction.
GENERAL PERMIT RESTRICTIONS § 287.211. Term of permits.
(a) A permit issued under this article will be issued for a fixed term consistent with the approved operation and design plans of the facility, and not to exceed 10 years. An operator may apply for permit renewal prior to the expiration of the permit term under § 287.223 (relating to permit renewal).
(b) The Department may grant a longer fixed term if the following are met:
(1) The application is complete for the longer fixed term.
(2) The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for the facility, and this need is confirmed, in writing, by the applicant's source of financing.
(c) Residual waste may not be disposed, processed or beneficially used under a permit after the expiration of the permit term for disposal, processing or beneficial use. Expiration of the permit term does not limit the operator's responsibility for complying with closure and postclosure requirements and all other requirements under the act, the environmental protection acts, the regulations promulgated thereunder or the terms or conditions of its permit.
(d) The Department will, from time to time, but at intervals not to exceed 5 years, review a permit issued under this article. In its review, the Department will evaluate the permit to determine whether it reflects currently applicable operating requirements, as well as current technology and management practices. The Department may require modification, suspension or revocation of the permit when necessary to carry out the purposes of the act, the environmental protection acts and this title. The Department will require the operator to provide a summary of changes to the operations since the initial permit or the latest major permit modification was approved.
(e) If no residual waste is processed or disposed under a permit within 5 years of the date of issuance by the Department of a permit for the facility, the permit is void.
§ 287.212. Conditions of permits--general and right of entry.
Each permit issued by the Department will ensure and contain the following conditions:
(1) Except to the extent that the permit states otherwise, the permittee shall operate the facility as described in the approved application.
(2) The permittee shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the solid waste management facility will be, is being, or has been operated to ensure compliance with the act, regulations promulgated under the act, and a permit, license or order issued by the Department under the act.
(3) The permittee shall affect by solid waste management operations only those lands specifically approved in the permit and for which a bond has been filed with the Department under Subchapter E (relating to bonding and insurance requirements).
(4) The permittee shall notify the Department within the time stated in the permit and if no time is stated not later than 45 days, on a form prepared by the Department, after the transfer has occurred of a controlling interest in the owner or operator, if the transfer does not require a permit modification under § 287.154 (relating to public notice and public hearings for permit modifications) or a permit reissuance under § 287.221 (relating to permit reissuance). The notification shall contain the same information relating to the person who obtained the controlling interest in the owner or operator as is required of a permit applicant in a permit application under §§ 287.124 and 287.125 (relating to identification of interests; and compliance information). A ''controlling interest'' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
PERMIT REISSUANCE, MODIFICATION AND RENEWAL § 287.221. Permit reissuance.
(a) A transfer, assignment or sale of rights granted under a permit may not be made without obtaining permit reissuance.
(b) An application for permit reissuance shall be made on forms provided by the Department and shall contain the following:
(1) A written statement that the person assumes, upon reissuance of the permit, all liability for operation, maintenance, pollution, closure, postclosure maintenance, final cover and other responsibilities under the act, the environmental protection acts, this title and the terms and conditions of the permit from the date of original issuance of the permit.
(2) A detailed explanation of the schedule and procedure for transferring control of the facility to the applicant.
(3) For applications for the reissuance of permits that were issued prior to July 4, 1992, a complete application for permit modification to correct deficiencies identified under § 287.115 (relating to filing by permitted facilities).
(4) One of the following:
(i) An entirely new application under this article.
(ii) A written statement expressly agreeing to abide by permit conditions, and assuming responsibility for violations which have occurred or may occur on the area previously affected. The statement shall include the following:
(A) The identity of the applicant as required in § 287.124 (relating to identification of interests) and the compliance information required in § 287.125 (relating to compliance information).
(B) For residual waste disposal permits, a property map showing the extent to which disposal has been accomplished under the existing permit.
(C) The name and address of the existing permittee.
(D) Appropriate bond and insurance in the amount specified by the Department under Subchapter E (relating to bonding and insurance requirements).
(E) Proof of public notice as required by § 287.151 (relating to public notice by applicant).
(F) Departmental approval of permit reissuance under this section will not be deemed to limit the original permittee's responsibility, liability, duty or obligation under law.
§ 287.222. Permit modification.
(a) A permittee shall file with the Department an application for permit modification, and obtain Departmental approval of the permit modification:
(1) Prior to making a change in the design or operational plans set forth in the application upon which the permit is issued.
(2) Prior to making a change that would affect the terms or conditions of the existing permit.
(3) When required by the Department under § 287.115 (relating to filing by permitted facilities).
(4) Prior to conducting solid waste processing or disposal activities that are not approved in this permit.
(5) If otherwise required by the Department.
(b) Application for permit modification shall be complete and contain the following information:
(1) The permittee's name, address and permit number.
(2) A description of the proposed modifications, including appropriate maps, plans and applications to demonstrate that the proposed modification complies with the act, the environmental protection acts and this title.
(c) The Department may issue, onsite, in writing, a conditional approval of a minor permit modification for the construction of liner systems or of erosion and sedimentation control devices if it is impracticable to comply with subsections (a) and (b) and if the modification will improve the permitted design. Approval is conditioned upon timely submission of the information and fee required in subsection (d).
(d) Within 5 working days of obtaining written onsite Department conditional approval of a minor modification under subsection (c), the permittee shall file with the Department documentation to modify its permit application in accordance with the conditional approval issued under subsection (c). The permit modification documentation shall be accompanied by the fee required in § 287.141(c) (relating to permit application fee).
§ 287.223. Permit renewal.
(a) A permittee that plans to dispose of or process residual waste after the expiration of the term set under § 287.211 (relating to term of permits) shall file a complete application for permit renewal on forms provided by the Department. The complete application for a processing facility or land application permit shall be filed at least 270 days before the expiration date of the permit term and for a disposal permit at least 1 year before the expiration date of the permit term.
(1) For a processing facility with a permit term that expires on or before October 10, 2001, the application for permit renewal shall be filed at least 180 days prior to the expiration date of the permit term.
(2) For a disposal facility with a permit term that expires on or before January 13, 2002, the application for permit renewal shall be filed at least 180 days prior to the expiration date of the permit term.
(b) An application for renewal of a residual waste disposal permit shall include a clear statement of the remaining permitted capacity of the facility, with documentation, in relation to the requested term of the permit renewal.
(c) A permit renewal, if approved by the Department, may only continue the term of the permit on its presently permitted acreage, including terms and conditions of the permit. An applicant that seeks to add permitted acreage or change the conditions of the permit shall also file an application for a permit modification.
(d) A permit renewal shall be for a term not to exceed the term of the original permit.
(e) A permit may not be renewed except under this article for facilities permitted after July 4, 1992.
OTHER PERMITTING PROVISIONS § 287.231. Equivalency review procedure.
(a) This section authorizes the Department, in approving a permit application under this article, to authorize, in writing, alternatives to the design requirements in this article. The alternative requirements may be authorized only if, and only to the extent that, specific sections in this article expressly state that alternatives may be authorized under this section.
(b) A person requesting an alternative under this section shall submit a request to the Department, in writing. The request shall:
(1) Identify the specific regulation for which an equivalency alternative is being sought.
(2) Demonstrate, through supporting technical documentation, justification and quality control procedures, that the requested alternative to the design requirements in a section of the regulations will, for the life of operations at the facility, achieve the performance standards set forth in that section, and will do so in a manner that is equivalent or superior to the design requirements in that section.
(c) An equivalency alternative will not be approved unless the application affirmatively demonstrates that the following conditions are met:
(1) The request is complete and accurate and the requirements of this section have been complied with.
(2) The proposed alternative will, for the life of operations at the facility, achieve the performance standards set forth in the section of regulations for which the alternative to the design requirements in that section is sought, and will do so in a manner that is equivalent or superior to the design requirements in that section.
(3) The proposed alternative will not cause pollution to the air, water or other natural resources of this Commonwealth, and will not harm or endanger public health, safety or welfare.
(d) In lieu of approving an equivalency alternative for the entire facility, the Department may approve an equivalency alternative for part of a site as provided in Subchapter G (relating to demonstration facilities).
(e) If an alternative design is approved through a major permit modification, the Department may approve the applicability of the alternative design to another applicant through a minor permit modification.
Subchapter E. BONDING AND INSURANCE REQUIREMENTS
TYPES OF BONDS § 287.321. Special terms and conditions for surety bonds.
(a) The Department will not accept the bond of a surety company that has failed or unduly delayed, as determined by the Department, in making payment on a forfeited surety bond.
(b) The Department will accept only the bond of a surety licensed or authorized to do business in this Commonwealth. In addition, for facilities permitted after January 13, 2001, and modifications issued after January 13, 2001, the Department will accept only the bond of a surety which is listed in circular 570 of the United States Department of Treasury. If a surety is removed from circular 570 or is no longer authorized to do business in this Commonwealth, the bond of the surety shall be replaced.
* * * * *
BOND AMOUNT § 287.332. Bond amount adjustments.
(a) The operator shall submit bond documents required by the Department to increase the total bond liability, and deposit additional bond amounts, upon demand by the Department according to § 287.333 (relating to failure to maintain adequate bond), or whenever additional bond amounts are required under this chapter, including §§ 287.327 and 287.331 (relating to surety/collateral combination bond; and bond amount determination).
(b) The Department will require an operator to deposit additional bond amounts determined under § 287.331 when the existing bond does not meet the requirements of this subchapter for any reason, including the following:
(1) Inflationary cost factors have resulted in a new cost estimate which exceeds the estimate used for the original bond amount determination.
(2) The permit is to be renewed, reissued, subject to a major permit modification or the bond on deposit is to be replaced.
(3) The Department otherwise determines that the existing total bond liability amount does not meet the purposes of the act, the environmental protection acts, this title, the permit or orders of the Department.
(c) Periodically after the date on which a bond was required to be submitted under this subchapter, the Department may determine the adequacy of bond amount requirements for residual waste processing or disposal facilities and, if necessary, require additional bond amounts.
(d) A request for reduction of the required bond shall be considered a request for bond release under § 287.341 (relating to release of bonds).
BOND RELEASE § 287.341. Release of bonds.
(a) An operator seeking a release of a bond previously submitted to the Department shall file a written request with the Department for release of all or part of the bond amount posted for the facility as part of a request for bond adjustment under § 287.332 (relating to bond amount adjustments), or after certification of final closure of the facility.
(b) The written request for bond release shall contain the following:
(1) The name of the operator and identification of the facility for which bond release is sought.
(2) The total amount of bond in effect for the facility and the amount for which release is sought.
(3) A detailed explanation why bond release is requested. The explanation shall include, but is not limited to, details relating to completion of a measure carried out in preparation for closure as defined in the closure plan or otherwise discernible upon inspection of the facility, closure of the facility, completion of postclosure measures, final closure certification abatement measures taken, and amendments to the permit or changes in the facts or assumptions made during the bond amount determination which demonstrate and would authorize a release of part or all of the bond deposited for the facility.
(4) A revised cost estimate for closure and postclosure care under § 287.331 (relating to bond amount determination).
(5) Other information that may be required by the Department.
* * * * * (g) The following apply with regard to bond release:
(1) The Department will not release a bond amount deposited for a facility if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete closure and postclosure care, including long-term maintenance of remediation measures, and to take measures that may be necessary to prevent adverse effects upon the environment or public health, safety or welfare under the act, the environmental protection acts, this title, the terms and conditions of the permits and orders of the Department.
(2) 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 now or hereafter existing in equity or under criminal and civil common law or statutory law. The release of a bond does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
(3) The Department may grant bond releases immediately upon final closure, for facilities other than landfills, and disposal impoundments if it is clearly demonstrated that further monitoring, restoration or maintenance is not necessary to protect the public health, safety and welfare and the environment.
§ 287.342. Final closure certification.
(a) If the operator of a residual waste processing or disposal facility believes that all closure and postclosure requirements applicable to the facility have been met, the operator may file a request for final closure certification with the Department.
(b) The final closure certification request shall be accompanied by a nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amount:
(1) Eight thousand eight hundred dollars for residual waste landfills and residual waste disposal impoundments.
(2) Six hundred dollars for all other residual waste processing or disposal facilities.
(c) The Department will not issue a final closure certification unless the operator demonstrates that:
(1) The applicable operating requirements of the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department have been complied with.
(2) One of the following remediation standards is met and maintained at the identified compliance points:
(i) The Statewide health standard at and beyond the property boundary.
(ii) The background standard at each well selected to determine the extent of contamination, as identified in § 288.256(c)(1) or § 289.266(c)(1) (relating to groundwater assessment plan).
(iii) The site-specific standard at and beyond the property boundary.
(3) No further remedial action, maintenance or other activity by the operator is necessary to continue compliance with the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department.
(4) The facility is not causing adverse effects on the environment, and is not causing a nuisance.
(d) For measuring compliance with secondary contaminants, under subsection (c)(2)(i) or (iii), the Department may approve a compliance point beyond the property boundary up to a water source.
* * * * * (g) The final closure certification will not be construed as a guarantee of future performance nor will it constitute a waiver or release of bond liability or other liability existing in law or equity for adverse environmental effects or conditions of noncompliance at the time of the certification or at a future time, for which the operator shall remain expressly liable. The issuance of a final closure certification does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
* * * * * (i) If after the issuance of a certification of final closure the Department determines that the level of risk is increased beyond the acceptable range at a facility due to substantial changes in exposure conditions, such as in a change in land use from a nonresidential to a residential use, or new information is obtained about a substance associated with the facility which revises exposure assumptions beyond the acceptable range, additional remediation shall be required.
(j) For purposes of this section, ''property boundary'' is the delineation of the parcel of land as described in the deed existing on the date the facility ceases to accept waste.
PUBLIC LIABILITY INSURANCE REQUIREMENTS § 287.371. Insurance requirement.
(a) A person or municipality that has not submitted proof of insurance under the act may not dispose or process residual waste unless the person or municipality has submitted proof of a commercial policy of liability insurance covering third-party claims for property damage and bodily injury as provided by this section.
(b) An applicant for a permit to operate a residual waste processing or disposal facility, and every person or municipality that submits a closure plan under § 287.117 (relating to closure plan), shall submit to the Department proof of a commercial policy of liability insurance covering third party claims for property damage and bodily injury.
(1) The insurance policy shall be effective prior to the initiation of residual waste processing or disposal operations under the permit, or, for a closure plan submitted under § 287.117, prior to the initiation of the closure plan.
(2) The Department may accept as proof of insurance an insurance policy issued to a person that operates the facility who is not the permittee, in lieu of a policy issued to the permittee, if the insurance policy meets the requirements of this subchapter.
(c) Permit applications for new facilities shall certify that the operator has in force, or will, prior to initiation of operations, an insurance policy that complies with the requirements of this subchapter.
(d) A department or agency of the United States or the Commonwealth which owns or operates a residual waste processing or disposal facility may satisfy the requirements of this section by other means of financial assurance approved by the Department which satisfy the terms and conditions for insurance under this subchapter.
Subchapter F. CIVIL PENALTIES AND ENFORCEMENT
CIVIL PENALTIES § 287.413. Assessment of penalties; minimum penalties.
(a) This section sets forth minimum civil penalties for certain violations of the act and the regulations promulgated thereunder. The Department will assess a civil penalty under § 287.412 (relating to assessment of penalties; general) only if a civil penalty calculated under § 287.412 is greater in amount than the civil penalty calculated under this section.
(b) If a person or municipality operates a residual waste landfill or residual waste disposal impoundment on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $5,000 per 1/2 acre, or portion thereof. Intermediate acreages will be assessed at the next highest 1/2 acre. This subsection does not require the imposition of a civil penalty on persons or municipalities operating without a permit on July 4, 1992, if the persons or municipalities are in compliance with §§ 287.111 and 287.113 (relating to notice by impoundments and unpermitted processing or disposal facilities; and permitting procedure for unpermitted processing or disposal facilities).
(c) If a person or municipality applies residual waste to an area for which the person or municipality was not permitted to apply the residual waste, the Department will assess a minimum civil penalty of $500 per acre, or portion thereof.
(d) If a person or municipality fails to provide notification on a timely basis of an incident for which a reporting requirement exists in the act, the regulations promulgated thereunder, the terms or conditions of a permit, or order of the Department, the Department will assess a minimum civil penalty of $1,000.
(e) If a person or municipality generating residual waste fails to provide notice to the Department as required by § 287.52 (relating to biennial report), the Department will assess a minimum civil penalty of $300.
(f) If a person or municipality refuses, hinders, obstructs, delays or threatens an agent or employe of the Department in the course of performance of a duty under the act, including entry and inspection, the Department will assess a minimum civil penalty of $1,000.
(g) If a violation is included as a basis for an administrative order requiring cessation of solid waste management operations, or for any other abatement order, and if the violation has not been abated within the abatement period set in the order, a minimum civil penalty of at least $1,000 shall be assessed for each day during which the failure continues. This subsection does not limit the Department's authority to assess an appropriate civil penalty for violations that formed the basis for issuing an order, and that occurred prior to the issuance of the order or prior to a date for compliance in the order.
ENFORCEMENT § 287.421. Administrative inspections.
(a) The Department and its agents and employes will:
(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to matters under investigation.
(2) Require a person or municipality engaged in the storage, transportation, processing, treatment or disposal of a residual waste to establish and maintain the records and make reports and furnish information as the Department may prescribe.
(3) Enter a building, property, premises or place where residual waste is generated, stored, processed, treated or disposed for the purpose of making an investigation or inspection necessary to ascertain the compliance or noncompliance by the person or municipality with the provisions of the act, the environmental acts and the regulations thereunder.
(4) In connection with an inspection or investigation, samples may be taken of solid, semisolid, liquid or contained gaseous material for analysis. If an analysis is made of the samples, a copy of the results of the analysis will be furnished within 5 business days after receiving the analysis from the laboratory to the person having apparent authority over the building, property, premises or place.
(b) The Department, its employes and agents may conduct routine inspections as follows:
(1) For residual waste landfills and residual waste disposal impoundments, at least 12 times per year.
(2) For residual waste incinerators and resource recovery facilities, at least 2 times per year.
(3) For transfer facilities, composting facilities and processing facilities, at least 4 times per year.
(4) For facilities for the agricultural utilization of residual waste, or for utilization of residual waste for land reclamation, at least 2 times per year.
(5) For facilities and beneficial use areas subject to permit-by-rule under § 287.102 (relating to permit-by-rule), general permit for beneficial use or processing, or both, under §§ 287.611, 287.612, 287.621--287.625, 287.631, 287.632, 287.641--287.644, 287.651 and 287.652 and beneficial use areas under §§ 287.661--287.665, at least once per year.
(c) The Department, its employes and agents may conduct additional inspections, including follow-up inspections, of residual waste processing, treatment, disposal, storage, collection and transportation facilities or to observe practices or conditions related to public health, safety, welfare or the environment, compliance with the act, the environmental protection acts, this title, the terms or conditions of a permit or a requirement of an order.
(d) The Department, its employes and agents may also conduct inspections of residual waste processing, treatment, disposal, storage, collection or transportation activities or facilities, if the person or municipality presents information to the Department which gives the Department reason to believe that:
(1) A person or municipality may have engaged in unlawful conduct under the act.
(2) A person or municipality may have violated an environmental protection act.
(3) A condition exists which may pose a threat to public health, safety, welfare or the environment.
(e) This section does not create a duty on the Department to conduct a minimum number of inspections per year at a facility.
(f) This section does not create defenses to Department actions.
Subchapter G. DEMONSTRATION FACILITIES § 287.501. Scope.
This subchapter applies to applications for residual waste processing or disposal facilities or parts of facilities, that are based on a new or unique technology for processing or disposing of residual waste. For purposes of this subchapter, a technology is new or unique if it has not previously been demonstrated in this Commonwealth or another comparable area. The Department may approve in writing, as a permit modification, the demonstration of new or unique technology for the processing or disposal of residual waste at permitted residual waste processing or disposal facilities provided the requirements of this subchapter are met.
§ 287.502. Relationship to other requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) The Department may waive or modify any application and operating requirements in this article. The Department will not waive or modify subchapter A, §§ 287.124, 287.125, 287.151 and 287.128, Subchapter E or Subchapter F.
§ 287.504. Operating requirements.
In addition to applicable operating requirements set forth in this article, each person or municipality that operates a demonstration facility shall comply with the following:
(1) The facility may not be larger than the area needed to adequately test the new or unique technology.
(2) Waste may not be processed or disposed at the facility after 2 years from the initial processing or disposal of waste at the facility, unless a different period is stated in the permit. The permittee may request permit renewal under § 287.223 (relating to permit renewal).
(3) The operator shall submit periodic reports to the Department concerning the effectiveness and environmental effect of the facility.
(4) The permittee shall immediately cease operations and begin clean up and removal actions if the Department determines that the facility is causing or likely to cause harm to public health, safety, welfare or to the environment.
(5) Within 90 days from the expiration of the term of the permit, the permittee shall submit to the Department an analysis of the effectiveness of the technology, taking into consideration the factor set forth in § 287.503 (relating to application requirements).
(6) If Chapter 288, 289, 291, 293, 295, 297 or 299 is not clearly applicable to the facility, the permittee shall annually submit to the Department a nonrefundable permit administration fee of an amount set forth in the approved permit, but not more than $1,800, in the form of a check payable to the ''Commonwealth of Pennsylvania.'' The fee will be based on the administrative costs of the Department under section 104 of the act (35 P. S. § 6018.104(8)).
Subchapter H. BENEFICIAL USE
GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN USES OF COAL ASH--AUTHORIZATION AND LIMITATIONS § 287.611. Authorization for general permit.
(a) In accordance with §§ 287.612, 287.621--287.625, 287.631, 287.632, 287.641--287.644, 287.651 and 287.652 and this section, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of residual waste when the following are met:
(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.
(2) The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.
(3) The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(b) The Department may issue a general permit upon its own motion under § 287.625 (relating to Department initiated general permits) or upon an application from a person or municipality under §§ 287.621--287.624.
(c) The Department may modify, suspend, revoke or reissue general permits or coverage under a general permit under this subchapter as it deems necessary to prevent harm or threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under Article VIII (relating to municipal waste) or this article, whichever the Department determines appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportion of municipal and residual waste. The requirements in this subchapter that apply to residual waste also apply to municipal waste when mixed with residual waste. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under Chapter 271, Subchapter I.
(e) The Department will not issue a general permit for the following:
(1) A residual waste disposal impoundment.
(2) A residual waste landfill, a valley fill or other fill.
(3) The use of residual waste to fill open pits from coal or noncoal mining except for coal ash mixed with residual waste when the use does not present a safety hazard, will improve the overall quality of the area, is limited to the filling to natural contours of the land and does not present a threat to public health or the environment.
(4) The use of residual waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste. A general permit may be issued for the beneficial use of waste as a construction material.
(5) The placement of waste oil or asbestos-containing waste on roads in this Commonwealth.
(6) Surface land disposal activities.
(7) The use of residual waste for construction or operations at a disposal facility.
(f) The Department may issue a general permit on a regional or Statewide basis for a category of processing when processing is necessary to prepare a residual waste for beneficial use, or for a category of beneficial use, or both, for coal ash mixed with other residual waste.
(g) The Department may issue a general permit on a regional or Statewide basis for the use, as construction material, of soil and other materials that do not meet the clean fill criteria.
§ 287.621. Application for general permit.
(a) A person or municipality may apply to the Department for the issuance of a general permit for a category of beneficial use of residual waste or for a category of processing of residual waste, where processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a general permit shall be submitted on a form prepared by the Department and shall contain the following:
(1) A description of the type of residual waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of § 287.132 (relating to chemical analysis of waste) for a sufficient number of samples of residual waste in the waste type to accurately represent the range of physical and chemical characteristics of the waste type.
(2) A description of the proposed type of beneficial use or processing activity to be covered by the general permit.
(3) A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated.
(4) For beneficial use general permits, proposed concentration limits for contaminants in the waste which is to be beneficially used, and a rationale for those limits.
(5) For general permits that involve beneficial use of a processed or unprocessed waste, a detailed demonstration of the efficacy of the waste for the proposed beneficial use, which shall include:
(i) If the waste is to be used as a substitute for a commercial product, a demonstration that the waste is capable of performing the desired functions of the commercial product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.
(ii) If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.
(iii) If the waste is to be used in general roadway application or highway construction, a demonstration that approval has been granted by the Department of Transportation Product Evaluation Board, if applicable, for the use of the waste for the intended application.
(iv) If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the residual waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. The Department may waive or modify this requirement in writing.
(v) If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the residual waste to be beneficially used meets, at a minimum, the requirements of § 288.623(a) (relating to minimum requirements for acceptable waste). The Department may waive the requirements of § 288.623(a) that relate to secondary MCLs for this demonstration. The Department may waive or modify this provision for the use of oil and gas brines for road stabilization.
(vi) If the waste is to be used as a construction material, a description of the construction activities and detailed timelines for the prompt completion of the construction activities.
(6) If residual wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste and the mixture shall meet appropriate standards for use.
* * * * * § 287.632. Waiver and modification requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) The Department may waive or modify any application and operating requirements in this article, except the Department will not waive § 287.123 (relating to right of entry) and will not waive or modify Subchapter A, §§ 287.124, 287.125 and 287.128, Subchapter E in accordance with Section 287.621(d) or Subchapter F.
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