[31 Pa.B. 235]
[Continued from previous Web Page]
BENEFICIAL USE OF COAL ASH § 287.661. Use of coal ash as structural fill.
* * * * * (e) Coal ash used as a structural fill will not be considered a beneficial use unless the following requirements are met:
(1) The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a structural fill.
(2) The pH of the coal ash shall be in the range of 6.0 to 9.0, unless otherwise approved by the Department.
(3) The slope of a structural fill may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of structural stability.
(4) Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness.
(5) Surface runoff form the fill area shall be minimized during filling and construction activity. Collection of surface runoff shall be managed in accordance with The Clean Streams Law and the regulations promulgated thereunder.
(6) Surface water shall be diverted away from the disturbed area during filling and construction activity.
(7) Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.
(8) Coal ash may not be placed in contact with the seasonal high water table.
(9) Coal ash may not be placed within 8 feet of the regional groundwater table.
(10) Coal ash may not be used as a structural fill in a way that causes water pollution.
(f) Structural fills may not be located:
(1) Within 100 feet of an intermittent or perennial stream, unless the structural fill is otherwise protected by a properly engineered diversion or structure that is permitted by the Department under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
(2) Within 300 feet of a water source unless the operator obtains a waiver from the water source's owner, allowing for another distance.
(3) Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones.
(4) Within 100 feet of a sinkhole or area draining into a sinkhole.
(5) Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the structural fill from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. §§ 679.101--679.601), the Storm Water Management Act (32 P. S. §§ 680.1--680.17) and the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
(6) In or within 100 feet of a wetland.
§ 287.662. Use of coal ash as a soil substitute or soil additive.
* * * * * (d) Coal ash used as a soil substitute or soil additive may not be considered a beneficial use unless the following requirements are met:
(1) The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a soil substitute or soil additive.
(2) The pH of the coal ash and the pH of the soil shall be in the range of 6.5 to 8.0 when mixed together in the manner required by the project, as shown by field and laboratory testing. Lime addition may be used to raise pH.
(3) Surface runoff from the project area shall be controlled during the project. Collection of surface runoff shall be controlled in accordance with The Clean Streams Law and the regulations promulgated thereunder.
(4) Diversion ditches, terraces and other runoff control structures shall be utilized to control erosion on the disturbed area of the project.
(5) The person or municipality conducting the activity shall have a Department-approved erosion and sedimentation control plan under Chapter 102 (relating to erosion control).
(6) Coal ash may not be placed in contact with the seasonal high water table.
(7) Coal ash may not be placed within 8 feet of the regional groundwater table.
(8) Coal ash may not be used in a way that causes water pollution.
(9) Coal ash shall be incorporated into the soil within 48 hours of application, unless otherwise approved by the Department. The coal ash shall be incorporated into the top 1-foot layer of surface soil. If 1 foot of surface soil is not present, coal ash may be combined with the surface soil that is present until the layer of combined surface soil and coal ash is 1 foot. The coal ash required for the beneficial use is limited to the amount necessary to enhance soil properties or plant growth.
(10) Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.
(11) Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.
(12) Coal ash may not be applied if resultant chemicals or physical soil conditions would be detrimental to biota.
(e) Coal ash may not be used as a soil substitute or soil additive:
(1) Within 100 feet of an intermittent or perennial stream, or a wetland other than an exceptional value wetland.
(2) Within 300 feet of a water source unless the operator obtains a waiver from the water source's owner, allowing for another distance.
(3) Within 100 feet of a sinkhole or area draining into a sinkhole.
(4) Within 300 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.
(5) In or within 300 feet of an exceptional value wetland.
CHAPTER 288. RESIDUAL WASTE LANDFILLS
Subchapter B. APPLICATION REQUIREMENTS
PHASE I APPLICATION REQUIREMENTS--GENERAL § 288.111. Basic requirements.
The Phase I application shall comply with the following:
(1) Sections 288.112, 288.113 and 288.121--288.129 (relating to facility plan; maps and related information; and Phase I application requirements--site analysis).
(2) Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).
§ 288.112. Facility plan.
An application to operate a residual waste landfill shall contain conceptual drawings and a narrative describing the following:
(1) The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.
(2) A detailed description of the volume of soil needed to construct and operate the facility and the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.
§ 288.113. Maps and related information.
(a) An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals. The Department may, in writing, approve the use of a different horizontal scale. The application shall include the map and necessary narrative descriptions, which show the following:
* * * * * (b) An application shall contain a topographic map showing the location and name of public water sources within 3 miles downstream or downgradient from the proposed facility, and the boundary of the proposed permit area. The map shall be on a scale of 1 inch equals no more than 2,000 feet with 20-foot contour intervals, including necessary narrative descriptions.
PHASE I APPLICATION REQUIREMENTS--SITE ANALYSIS § 288.121. Description of geology, soils and hydrology; general requirements.
In preparing the soils, geology and hydrology descriptions required by this section and §§ 288.122--288.127 the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with this section and §§ 288.122---288.127 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.
§ 288.122. Geology and groundwater description.
(a) An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent area down to and including the lowest aquifer that may be affected by the facility, including the following:
* * * * * (8) Well head protection areas in accordance with § 109.1 (relating to definitions) that may be impacted by the facility.
(9) A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.
(b) A boring or coring not cased and capped and not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.
§ 288.123. Groundwater quality description.
(a) An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters, one of which shall include the season of highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:
(1) Ammonia-nitrogen, bicarbonate, calcium, chloride, chemical oxygen demand, fluoride, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total dissolved solids, total organic carbon, turbidity, iron, manganese, potassium and sodium.
* * * * * § 288.124. Soil description.
(a) An application for a Class I or Class II landfill shall contain:
(1) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that the seasonal high water table will not be in contact with the liner system.
(2) A description of the soils to be used for daily, intermediate and final cover, and facility construction, including chemical description, texture, laboratory particle size analyses and quantity. Cross sections of the borrow pits within the proposed permit area shall be included.
(b) An application for a Class III landfill shall contain:
(1) A description of the soils within the proposed permit area and adjacent area down to the bedrock, including for each soil horizon, depth, matrix color, texture, structure, consistency, degree of mottling, mottling colors and laboratory particle size analyses.
(2) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that the seasonal high water table will not be in contact with the liner system.
(3) A description of the soils to be used for daily, intermediate and final cover, attenuating soil base and facility construction, including texture, chemical description, laboratory particle size analyses and quantity. Cross sections of the borrow pits within the proposed permit area shall be included.
(c) In preparing the description of soils and elevations, the applicant shall do the following:
(1) Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area and each onsite and offsite borrow area.
(2) Use the following soil classification systems:
(i) For daily, intermediate and final cover, and for attenuating soil, if applicable, the United States Department of Agriculture Soil Classification System.
(ii) For the liner system, site construction and other noncover uses, the Unified Soil Classification System.
(3) Conduct required laboratory particle size analysis according to ASTM D422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved in writing by the Department prior to the analyses.
§ 288.127. Mineral deposits information.
(a) If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:
(1) Maps and plans showing previous mining operations underlying the proposed facility.
(2) An investigation, with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and any measures which have been or will be taken to stabilize the surface.
(b) If the proposed permit area and adjacent area overlies recoverable or mineable coals, the applicant shall demonstrate that the applicant owns the coal and shall warrant that the coal will not be mined as long as residual waste remains on the site, except for surface mining activities approved in the permit for purposes of facility construction.
§ 288.128. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed landfill or expansion, that is planned to receive putrescible waste, is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.
PHASE II APPLICATION REQUIREMENTS--GENERAL § 288.131. Basic requirements.
(a) The Phase II permit application shall comply with the following:
(1) This section and §§ 288.132--288.139, 288.141, 288.142, 288.151, 288.152, 288.161, 288.171, 288.181 and 288.182.
(2) Chapter 287, Subchapter E (relating to bonding and insurance requirements).
(b) Applications, plans, cross sections, modules and narratives shall demonstrate how the construction and operating requirements of Subchapter C (relating to operating requirements) will be implemented, and shall include quality control measures necessary to ensure proper implementation.
(c) The plans, designs, cross sections and maps required by this section and §§ 288.132--288.139, 288.141, 288.142, 288.151, 288.152, 288.161, 288.171, 288.181 and 288.182 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.
§ 288.132. Operation plan.
An application shall contain a description of the residual waste landfill operations proposed during the life of the facility within the proposed permit area, including the following:
(1) A narrative describing the type and method of residual waste landfill procedures, procedures for inspection and monitoring of incoming waste, sequence of landfilling activity, type of landfilling activity, proposed engineering techniques and the major equipment to be used under § 288.215 (relating to equipment), using the maps and grids required by § 288.133 (relating to map and grid requirements) as a basis for the description.
(2) A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use:
(i) Dams, embankments, ditches and other impoundments.
(ii) Borrow pits, soil storage and handling areas and structures.
(iii) Scales and weigh station, if required.
(iv) Water and air pollution control facilities.
(v) Erosion and sedimentation control facilities.
(vi) Equipment storage and maintenance buildings, and other buildings.
(vii) Access roads.
(3) A construction schedule and sequence of operations tied to the grid coordinate system required by § 288.211 (relating to signs and markers), a site preparation plan and a schedule for disposing of solid waste at the site, including the maximum daily weight or volume of waste that will be received at the facility.
(4) An explanation of how the applicant intends to comply with § 288.214 (relating to measurement of waste).
(5) A plan for assuring that solid waste received at the facility is consistent with the following:
(i) Section 288.201 (relating to basic limitations).
(ii) Section 288.423, § 288.523 or § 288.623 (relating to minimum requirements for acceptable waste; minimum requirements for acceptable waste; and minimum requirements for acceptable waste), whichever is applicable.
(6) The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.
§ 288.133. Map and grid requirements.
(a) An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:
(1) The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of landfilling and closure.
(2) A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.
(3) The buildings, utility corridors and facilities which will be used in the operation.
(4) The areas of land for which a bond will be posted under Chapter 287, Subchapter E (relating to bonding and insurance requirements).
(5) The solid waste storage, processing or unloading areas.
(6) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(7) The location and elevation of the permanent physical markers for the grid coordinate system under subsection (b).
(8) The gas management, collection and control facilities, if required.
(9) The boundaries of construction activities.
(10) The location of barriers, fences and similar structures required by § 288.212 (relating to access control).
(11) The location of each sedimentation pond, permanent water impoundment or similar facility.
(12) The location of access roads to the site, including slopes, grades and lengths of the roads.
(13) The location and identity of monitoring wells.
(14) For noncaptive residual waste landfills, a designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department's ''Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,'' Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.
(b) The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections unless the facility is larger than 250 acres and the Department approves, in writing, a grid that exceeds 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be a state or universal grid system and shall be tied to the benchmark and the baseline.
§ 288.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, under § 288.213 (relating to access roads).
§ 288.136. Nuisance minimization and control plan.
(a) The application shall contain a plan in accordance with § 288.218 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust, unsightliness and other nuisances not otherwise provided for in the permit application.
(b) The plan shall include the following:
(1) Provisions for the routine assessment and control of vector infestation.
(2) Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.
(3) For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.
(c) The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.
§ 288.138. Daily volume.
The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on §§ 287.126 and 287.127 (relating to requirements for environmental assessment; and environmental assessment).
§ 288.139. Radiation protection action plan.
(a) An application for a noncaptive residual waste landfill shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.
(b) The action plan shall be prepared in accordance with the Department's ''Guidance Document on Radioactivity Monitoring at Solid Processing and Disposal Facilities,'' Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(c) The action plan shall be incorporated into the landfill's approved waste analysis plan under § 287.134 (relating to waste analysis plan).
PHASE II APPLICATION REQUIREMENTS--COVER AND REVEGETATION § 288.141. Compaction and cover plan.
An application shall contain a plan for compaction and cover at the proposed facility under §§ 288.216 and 288.232--288.234 and shall include the following information:
(1) The procedures for placement and compaction of solid waste and the degree of compaction of solid waste.
(2) The number and thickness of lifts.
(3) The materials and procedures for application of daily, intermediate and final cover material, that meet the standards in §§ 288.232--288.234 (relating to daily cover; intermediate cover and slopes; and final cover and grading).
(4) The procedures to establish elevation and grade of final cover.
PHASE II APPLICATION REQUIREMENTS--WATER QUALITY PROTECTION AND MONITORING § 288.152. Water quality monitoring plan.
(a) An application shall contain a water quality monitoring plan showing how the operator intends to comply with §§ 288.251--288.258 (relating to water quality monitoring). The plan shall include the following:
(1) The number, location and design of proposed monitoring points.
(2) For new facilities, pre-operational data showing existing groundwater quality, as required by § 288.123 (relating to groundwater quality description), and a procedure to establish this groundwater quality. For existing facilities, adequate monitoring data as required by § 288.123 to characterize background groundwater quality and a procedure to establish this groundwater quality.
(b) The application shall contain a groundwater sampling and analysis plan. The plan shall include:
(1) Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.
(2) Department approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituents, leachate or constituents of decomposition in the groundwater.
(3) Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.
(4) Procedures and techniques for evaluation of analytical results to determine if groundwater degradation has occurred.
(c) The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department's satisfaction with a detailed hydrogeologic study:
(1) The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.
(2) The proposed alternate system is capable of completely and accurately identifying adverse effects on groundwater from the proposed facility.
PHASE II APPLICATION REQUIREMENTS--CLOSURE PROVISIONS § 288.182. Closure plan.
(a) The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.
(b) The closure plan shall include:
(1) A plan for the decontamination and removal of equipment, structures and related material from the facility.
(2) An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.
(3) A description of the steps necessary for closure if the facility closes prematurely.
(4) A narrative description, including a schedule, of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to the following:
(i) Water quality monitoring.
(ii) Gas control and monitoring.
(iii) Leachate collection and treatment.
(iv) Erosion and sedimentation control.
(v) Revegetation and regrading, including maintenance of the final cover.
(vi) Access control, including maintenance of access control.
(5) A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of project postclosure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.
(6) The name, address and telephone number at which the operator can be reached during the postclosure period.
PHASE II APPLICATION REQUIREMENTS--ADDITIONAL PROVISIONS FOR CERTAIN WASTES § 288.191. Plan for disposal of PCBs.
(a) An application for the disposal of electrical transformers that previously contained between 50 and 500 ppm of PCBs shall contain a narrative description and necessary plans and drawings to show how the applicant plans to comply with § 288.301 (relating to PCBs).
(b) For other PCB-containing wastes which are proposed to be disposed at a Class I or Class II residual waste landfill, the applicant shall provide the information the Department states in writing is necessary to protect public health, safety, welfare and the environment.
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 288.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste landfill unless the Department has first issued a permit to that person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 288.123 (relating to groundwater quality description) without a permit from the Department if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter.
(c) A person or municipality that operates a residual waste landfill shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act.
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(d) A person or municipality may not allow residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility, in the permit.
(e) A coal ash monofill shall be located in an area that has been previously mined and left unreclaimed unless the operator provides a detailed written explanation in the permit application why locating the facility in such an area is not feasible.
(f) All approved mitigation measures identified in the application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.
(g) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be disposed at the facility, unless specifically exempted from disposal restriction by an applicable Pennsylvania or Federal statute or regulation:
(1) Naturally occurring and accelerator produced radioactive material.
(2) Byproduct material.
(3) Source material.
(4) Special nuclear material.
(5) Transuranic radioactive material.
(6) Low-level radioactive waste.
(h) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department and the disposal does not endanger the environment, facility staff or public health and safety.
(1) Short-lived radioactive material from a patient having undergone a medical procedure.
(2) TENORM.
(3) Consumer products containing radioactive material.
(i) The limitations in subsections (g) and (h) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.
§ 288.202. Certification.
(a) The operator shall submit a certification by a Pennsylvania registered professional engineer on forms provided by the Department upon completion of each major construction activity identified in the permit for each phase or sequence of construction at the facility. Major construction activities include the following:
(1) Construction of the groundwater monitoring system.
(2) Construction of the subbase.
(3) Construction of secondary liner.
(4) Construction of the leachate detection zone.
(5) Construction of the primary liner.
(6) Construction of the protective cover and the collection system within the protection cover.
(7) Placement of attenuating soil at natural attenuation facilities.
(8) Construction of a leachate treatment facility.
(9) Construction of a sedimentation pond.
(10) Closure.
(11) Final closure.
(12) Construction of the landfill gas extraction system.
(b) The certification shall describe the construction activity and the phase or sequence of construction being certified, using drawings and plans, if appropriate. The certification shall include testing results to prove compliance with the approved quality assurance plan. The certification shall state that the actual construction was observed by the engineer or persons under his direct supervision, and that the supervision was carried out in a manner that is consistent with the approved permit.
(c) Upon completion of each construction activity described in subsection (a) other than construction of a leachate treatment facility, the operator shall notify the Department that the construction activity is ready for inspection. Waste may not be disposed in the area subject to the inspection until the Department has conducted an inspection and has transmitted its written approval to the permittee indicating that construction was done according to the permit. The Department may, as part of an approved quality assurance and control plan, authorize a Pennsylvania registered professional engineer who is on the site continuously during construction to certify completion of a construction activity and authorize continuation of the next phase of construction activity prior to written approval from the Department.
DAILY OPERATIONS § 288.211. Signs and markers.
(a) Permanent physical markers for the grid coordinate system and permit area markers shall be:
(1) Posted and maintained for the duration of the operations to which they pertain.
(2) Clearly visible, readable and uniform throughout the operation.
(3) Permanently fixed and made of a durable material.
(b) The perimeter of the site shall be clearly marked before the beginning of operations. The perimeter of a disposal area shall be clearly marked before the beginning of residual waste disposal within that area.
(c) The permanent physical markers for the grid coordinate system shall be installed at the locations in the permit, prior to the beginning of operations. The base line of the grid system shall be marked with two permanent monuments that show elevation.
(d) A person or municipality that operates a noncaptive residual waste landfill shall identify the facility for the duration of operations by posting and maintaining a sign which is clearly visible and can be easily seen and read at the junction of each access road and public road. The sign shall be constructed of a durable, weather-resistant material. The sign shall show the name, business address and telephone number of the person or municipality that operates the facility, the operating hours of the facility and the number of the current permit authorizing operation of the facility.
§ 288.212. Access control.
(a) The following conditions apply at all facilities except local captive facilities:
(1) A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.
(2) The operator shall maintain a fence or other suitable barrier around the site, including impoundments, lagoons, leachate collection and treatment systems and gas processing facilities, sufficient to prevent unauthorized access.
(3) Access to the site shall be limited to times when an attendant is on duty.
(b) At local captive facilities, the operator shall comply with subsection (a) unless the Department approves in the permit alternative means of protecting access to the site that afford an equivalent degree of protection.
§ 288.213. Access roads.
(a) An access road shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the site.
(b) Crossing of a perennial or intermittent stream or a wetland shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
(c) An access road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 25-year, 24-hour precipitation event. For roads that are used or in existence for more than 30 days, the drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by § 288.242 (relating to soil erosion and sedimentation control).
(d) An access road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent material approved by the Department in the permit. An access road shall be capable of withstanding the load limits projected by the applicant under § 288.134 (relating to plan for access roads). The maximum sustained grade of an access road may not exceed 12% unless otherwise approved by the Department for local captive facilities.
(e) Except for local captive facilities where the Department has set forth alternate requirements in the permit, and except for roads not leading to the disposal area, the landfill shall maintain a minimum cartway width of one of the following:
(1) Twenty-two feet for two-way traffic.
(2) Twelve feet for one-way traffic with pull-off intervals every 100 yards or a greater distance where there is a clear view of approaching vehicles.
(f) An access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the facility to each unloading area. An access road shall also be provided to each treatment facility, impoundment and groundwater monitoring point. Other monitoring points shall be readily accessible.
(g) Disturbed areas adjacent to a road shall be vegetated or otherwise stabilized to prevent erosion.
(h) An access road shall be maintained to control dust and to prevent or control the tracking of mud on and off the site.
(i) An access road shall be designed, constructed and maintained to allow the orderly egress and ingress of vehicular traffic when the facility is in operation, including during inclement weather.
§ 288.214. Measurement and inspection of waste.
(a) For a noncaptive facility that has received, is receiving or will receive 30,000 or more cubic yards of solid waste in a calendar year, the following apply:
(1) Except as provided in paragraph (2), the operator shall weigh solid waste when it is received. The scale used to weigh solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmaster). The operator of the scale shall be a licensed public weighmaster under 3 Pa.C.S. Chapter 41 and 70 Pa. Code Part I.
(2) The Department may approve, in the permit, an alternative method of accurately measuring waste when it is received.
(b) For other facilities, solid waste received or disposed of at the facility shall be accurately weighed or otherwise accurately measured.
(c) The operator shall inspect and monitor incoming waste to ensure that the disposal of waste is consistent with this article.
§ 288.215. Equipment.
(a) The operators shall maintain on the site equipment necessary for the operation of the facility in accordance with the permit. The equipment shall be maintained in an operable condition.
(b) If a breakdown of the operator's equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.
§ 288.216. Unloading and compaction.
(a) Solid waste shall be spread and compacted in accordance with § 288.141 (relating to compaction and cover plan).
(b) The working face shall be kept to a size which can be easily compacted and covered daily, if daily cover is required, with available equipment.
(c) The following apply at each facility other than a local captive facility:
(1) An attendant or clearly marked signs shall direct vehicles to the unloading area.
(2) The operator shall ensure that collection vehicles unload waste promptly in unloading areas.
§ 288.217. Air resources protection.
(a) The operator shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. §§ 4001--4015), Article III (relating to air resources) and § 288.218 (relating to nuisance minimization and control). Minimization and control measures shall include the following:
(1) Ensuring that operation of the facility will not cause or contribute to an exceedance of an ambient air quality standard under § 131.3 (relating to ambient air quality standards).
(2) Ensuring that no open burning occurs at the facility.
(3) Minimizing the generation of fugitive dust emissions from the facility.
(b) The operator shall comply with the terms and conditions of an air quality plan approval and air quality operating permit issued to the facility under Chapter 127 (relating to construction, modification, reactivation and operation of sources).
§ 288.218. Nuisance minimization and control.
(a) Vectors. An operator may not cause or allow the attraction, harborage or breeding of vectors.
(b) Odors.
(1) An operator shall implement the plan approved under § 288.136 (relating to nuisance minimization and control plan) to minimize and control public nuisances from odors. If the Department determines during operation of the facility that the plan is inadequate to minimize or control public nuisances, the Department may modify the plan or require the operator to modify the plan and obtain Department approval.
(2) An operator shall perform regular, frequent and comprehensive site inspections to evaluate the effectiveness of cover, capping, gas collection and destruction, waste acceptance and all other waste management practices in reducing the potential for offsite odor creation.
(3) An operator shall promptly address and correct problems and deficiencies discovered in the course of inspections performed under paragraph (2).
(c) Other conditions. An operator shall implement the plan approved under § 288.136 (relating to nuisance minimization and control plan) to minimize and control other conditions that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
§ 288.221. Daily volume
(a) A person or municipality operating a residual waste landfill may not receive solid waste at the landfill in excess of the maximum or average daily volume approved in the permit.
(b) The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed annually by averaging the total volume received over the year.
§ 288.222. Radiation monitoring and response for noncaptive landfills.
(a) An operator shall implement the action plan approved under § 288.139 (relating to radiation protection action plan).
(b) An operator shall monitor incoming waste in accordance with the Department's ''Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,'' Document Number 250-3100-001, or in a manner at least as protective of the environment, the facility staff and the public health and safety. Monitoring shall meet the requirements of this section and the facility's approved radiation protection action plan.
(c) Radiation detector elements shall be as close as practical to the waste load and in an appropriate geometry to monitor the waste. The radiation monitoring system shall be set to alarm at a level no higher than 10 microroentgen per hour (uR/hr) above the average background at the facility when any of the radiation detector elements is exposed to a cesium-137 gamma radiation field. Radiation detector elements shall be shielded to maintain the average background below 10 uR/hr. If capable of energy discrimination, the radiation monitoring system shall be set to detect gamma rays of a 50 kiloelectron volt (keV) energy and higher.
(d) An operator shall have portable radiation monitors capable of determining the radiation dose rate and presence of contamination on a vehicle that has caused an alarm. Upon a confirmed exceedance of the alarm level in subsection (c), a radiological survey of the vehicle shall be performed.
(e) An operator shall notify the Department immediately and isolate the vehicle when radiation dose rates of 20 µSv/hr (2 mrem/hr) or greater are detected in the cab of a vehicle, 500 µSv/hr (50 mrem/hr) or greater are detected from any other surface, or contamination is detected on the outside of the vehicle.
(f) Monitoring equipment shall be calibrated at a frequency specified by the manufacturer, but not less than once a year.
(g) If radioactive material is detected, the vehicle containing the radioactive material may not leave the facility without written Department approval and an authorized United States Department of Transportation exemption form.
COVER AND REVEGETATION § 288.231. (Reserved).
§ 288.232. Daily cover.
(a) Except as provided in subsection (b), a uniform cover of the approved daily cover material shall be placed on exposed solid waste at the end of each working day, at the end of every 24 hours, or at the completion of every lift, whichever interval is less.
(b) The Department may waive the daily cover material requirements of this section in the permit if the operator demonstrates that the composition of solid waste disposed at the facility prevents vectors, odors, blowing litter and other nuisances, is noncombustible and allows loaded vehicles to successfully maneuver over it after placement without change in its properties and without regard to weather.
(c) The composition of the daily cover material shall meet the following performance standards. The daily cover shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(5) Be consistent with the waste acceptance plan for the facility.
(d) A 5-day supply of cover material shall be maintained on the site.
§ 288.233. Intermediate cover and slopes.
(a) Except as provided in subsection (b), a uniform intermediate cover shall be placed within 7 days of waste disposal on the following:
(1) A partial lift for which the operator intends to place no additional waste for 6 months.
(2) A partial or completed lift that represents final permitted elevations for that part of the facility.
(b) The Department may waive the intermediate cover requirements of this section if the operator demonstrates that the composition of solid waste disposed at the facility prevents vectors, odors, blowing litter, erosion and other nuisances, is noncombustible, allows loaded vehicles to successfully maneuver over it after placement without change in its properties and without regard to weather, and is capable of supporting the germination and propagation of vegetative cover as required by §§ 288.236 and 288.237 (relating to revegetation; and standards for successful revegetation).
(c) The composition of the intermediate cover material shall meet the following performance standards. The intermediate cover shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(5) Be consistent with the waste acceptance plan for the facility.
(6) Support the germination and progagation of vegetative cover as required by §§ 288.236 and 288.237 unless vegetative cover is not necessary to control infiltration of precipitation and erosion and sedimentation.
(7) Control infiltration of precipitation and erosion and sedimentation.
(d) Unless alternative design requirements to meet the performance standards in subsection (c) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), intermediate cover shall meet the following design requirements:
(1) If soil or soil-like material is used, the layer of cover soil shall be at least 12 inches in thickness.
(2) If soil or soil-like material is used, the layer of cover soil shall be uniformly graded.
(e) If intermediate cover requires revegetation, the revegetation shall be established within 30 days.
(f) Slopes constructed during daily landfilling and intermediate cover activities may not exceed 50%.
§ 288.234. Final cover and grading.
(a) Except as provided in subsection (b), the operator shall provide final cover in the following manner:
(1) A cap shall be placed and graded over the entire surface of each final lift. The cap may be no more permeable than 1.0 × 10-7 cm/sec. The following performance standards for the cap shall be met:
(i) The cap shall minimize the migration of precipitation into the landfill.
(ii) The cap shall be resistant to physical and chemical failure.
(iii) The cap shall cover all areas where waste is disposed.
(2) A drainage layer capable of transmitting flow and preventing erosion of the soil layer shall be placed over the cap.
(3) A uniform layer of material shall be placed over the drainage layer. The layer of material shall support vegetation and protect the cap.
(b) The Department may waive the cap and drainage layer requirements of subsection (a)(1) and (2) based on a demonstration that it is not necessary to limit infiltration into the waste. The demonstration shall include the following:
(1) The leachate production without a cap will be equivalent to leachate production with a cap.
(2) Waiver of a cap will not cause or contribute to groundwater degradation as a result of leachate production.
(c) Unless alternative design requirements to meet the performance standards in subsection (a)(1) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the cap shall meet the design requirements set forth for caps in Appendix A, Table II (relating to liner design standards).
(d) The operator shall place final cover within 1 year after disposal in the final lift ceases or as soon thereafter as weather permits, unless the Department, in the permit, allows a later period based on a demonstration that a later period is necessary to protect the cap and drainage layer from differential settlement of waste at the facility. The Department will not allow a later period unless, at a minimum, delayed installation will not cause or allow violations of this article, the act or the environmental protection acts.
(e) The layer of material described in subsection (a)(3) shall meet the following performance standards. The layer shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(5) Be capable of preventing frost damage to the cap.
(6) Be capable of supporting the germination and propagation of vegetative cover as required by §§ 288.236 and 288.237 (relating to revegetation; and standards for successful revegetation).
(7) Not crack excessively when dry.
(8) Be consistent with the waste acceptance plan.
(f) Unless alternative design requirements to meet the performance standards in subsection (e) are approved as part of the permit under § 287.231 (relating to equivalency review procedure) the layer of material described in subsection (a)(3) shall meet the following design requirements:
(1) The cover soil shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam as defined in the Soil Survey Manual published by the United States Department of Agriculture, Soil Conservation Service (available from the Department or the Northeast National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092).
(2) At least 40% by weight of the cover soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.
(3) The cover may not include rocks that are greater than 6 inches in diameter.
(4) The layer of cover soil shall be at least 2 feet in thickness.
(g) The grade of final slopes shall be designed, installed and maintained to accomplish the following:
(1) Ensure permanent stability.
(2) Control erosion due to rapid water velocity and other factors.
(3) Allow compaction, seeding and revegetation of cover material placed on the slopes.
(4) Ensure minimal infiltration and percolation of precipitation, surface water run-on and runoff into the disposal area.
(h) Unless the Department authorizes a different slope design in the permit based on a demonstration that the different design can meet the requirements of subsection (g), slopes shall be designed, installed and maintained as follows:
(1) The grade of the final surface of the facility may not be less than 3%.
(2) If the Department approves final grades of more than 15%:
(i) The operator shall construct a horizontal terrace at least 15 feet wide on the slope for every 25 feet maximum rise in elevations on the slope. The terrace width shall be measured as the horizontal distance between slope segments.
(ii) The gradient of the terrace shall be 5% into the landfill.
(iii) Drainage ditches shall be constructed on each horizontal terrace to convey flows.
(3) An operator may not leave final slopes that have a grade exceeding 33%, including slopes between benched terraces.
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