[31 Pa.B. 235]
[Continued from previous Web Page] § 288.433. Subbase.
(a) The subbase shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing failure of the liner system.
(2) Accommodate potential settlement without damage to the liner system.
(3) Be a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:
(1) Consist of an upper 6 inches that is:
(i) Compacted to a standard proctor density of at least 95%.
(ii) No more permeable than 1.0 × 10-5 cm/sec., based on laboratory and field testing, unless the clay component of a composite liner is located directly above the subbase.
(iii) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(2) Have a postsettlement slope of at least 2% and no more than 33%.
§ 288.434. Secondary liner.
(a) General. The secondary liner shall meet the following requirements:
(1) The secondary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the secondary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The secondary liner shall be resistant to physical failure, chemical failure and other failure from the sources identified under § 288.412(d) (relating to liner system and leachate control plan).
(4) The secondary liner shall cover the bottom and sidewalls of the facility.
(b) Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the secondary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Requirements. A secondary liner shall:
(1) Be no more permeable than 1.0 × 10-7 cm/sec. based on laboratory testing. For nonsynthetic liners, field testing shall also be conducted.
(2) Be installed, if the liner is synthetic, according to manufacturer's specifications under the supervision of an authorized representative of the manufacturer. An approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.
(3) Be designed, installed and maintained, if the liners are remolded clay, according to a quality assurance and quality control plan approved by the Department for remolded clay liners.
(4) Be inspected for uniformity, damage and imperfections during construction and installation.
(d) Compacted lifts. Secondary liners made of clay, bentonite and bentonite-like materials shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
(e) Composite secondary liner.
(1) If the operator does not design, construct, operate and maintain a composite primary liner, the operator shall design, construct, operate and maintain a composite secondary liner which has the following components:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirements of this section independently of the upper component, except that the composite component shall be no more permeable than 1.0 x 10-6 cm/sec. based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact, between them.
(3) The use of a composite secondary liner does not relieve the operator of responsibility for a separate primary liner under § 288.436 (relating to primary liner).
(f) Natural attenuation of leachate prohibited. A facility or a component thereof that is subject to this section may not have a secondary liner based upon natural attenuation of leachate.
§ 288.435. Leachate detection zone.
(a) The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:
(1) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements:
(1) Be at least 12 inches thick.
(2) Contain no material exceeding 0.5 inches in particle size.
(3) Create a flow zone between the secondary liner and the primary liner equal to or more permeable than 1.0 × 10-2 cm/sec. based on a laboratory testing and, when required by the Department, field testing.
(4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump, and shall be of a sufficient size to transmit leachate that is generated.
(5) The piping system shall also meet the following requirements:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater, as specified by ASTM, or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
(6) The leachate detection zone shall have a minimum bottom slope of 2%.
(7) The system shall contain noncarbonate stone or aggregates with no sharp edges.
(c) The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.
(d) If the liquid is flowing from the leachate detection zone, the operator shall immediately:
(1) Notify the Department in writing.
(2) Estimate, on a weekly basis, the volume of liquid flowing from the zone.
(3) Sample and analyze the liquid, on a quarterly basis for pH, specific conductivity, total organic carbon and chlorides. The Department may also require sampling and analysis for other constituents expected to be found in the waste.
(4) Provide written copies of flow and analysis data to the Department.
(e) If leachate flow is greater than 100 gallons per acre of lined collection area per day or more than 10% of leachate generation, the operator shall:
(1) Submit to the Department within 30 days a plan for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.
(2) Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.
(3) Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data and recommendations concerning a remedial plan.
(4) Conduct quarterly sampling and analysis for the parameters in § 288.254(a)(1) (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.
(f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation at a monitoring well, the operator shall:
(1) Submit to the Department a remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in the liner system, and implement the plan upon Department approval.
(2) Submit to the Department a permit modification application under § 287.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.
§ 288.436. Primary liner.
(a) General. The primary liner shall meet the following requirements:
(1) The primary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the primary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The primary liner shall be resistant to physical failure, chemical failure and other failure from the properties identified under § 288.412(d) (relating to liner system and leachate control plan).
(4) The primary liner shall cover the bottom and sidewalls of the facility.
(b) Alternative design standards. Unless alternative design standards to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the primary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Requirements. A primary liner shall:
(1) Be no more permeable than 1.0 × 10-7 cm/sec. based on laboratory testing.
(2) Be installed according to the manufacturer's specifications under the supervision of an authorized representative of the manufacturer. The approved quality control program shall be implemented in the field during the installation of the liner.
(3) Be inspected for uniformity, damage and imperfections during construction or installation.
(d) Composite primary liner.
(1) If the operator does not design, construct, operate and maintain a composite secondary liner, the operator shall design, construct, operate and maintain a composite primary liner which has the following requirements:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirements of § 288.434 (relating to secondary liner) independently of the upper component, except that the composite component shall be no more permeable than 1.0 x 10-6 cm/sec. based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact between them.
(3) The use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner under § 288.434.
(e) Natural attenuation of leachate prohibited. Except as provided in subsection (d), a facility or a component thereof that is subject to this section may not have a primary liner made of clay or earthen material or a primary liner based upon natural attenuation of leachate.
§ 288.438. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system without ponding or accumulating on the liner.
(2) Ensure that the depth of leachate on or above the primary liner does not exceed 1 foot.
(3) Withstand chemical attack from leachate.
(4) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(5) Function without clogging.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements:
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of a sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule 80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection system shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
ADDITIONAL OPERATING REQUIREMENTS--LEACHATE TREATMENT § 288.454. Leachate recirculation.
(a) In conjunction with the treatment methods in §§ 288.452 and 288.453 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(b) An alternative leachate recirculation method may be used if approved by the Department.
§ 288.455. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with §§ 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 288.413 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standard in § 288.438(a)(2) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under § 288.413 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with the requirements in § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
Subchapter E. ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE LANDFILLS
ADDITIONAL APPLICATION REQUIREMENTS § 288.512. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with §§ 288.531--288.539 (relating to additional operating requirements--liner system), including the following:
(1) Design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial lift of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial lift of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods of determining sample locations, sampling frequency, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner's ability to restrict the flow of solid waste, solid waste constituents or leachate based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed liner, based on ASTM methods when appropriate. These properties shall include the following:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength--% of liner strength.
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction.
(14) Stress crack resistance.
(15) Oxidative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
ADDITIONAL OPERATING REQUIREMENTS--GENERAL § 288.522. Areas where Class II residual waste landfills are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, Class II residual waste landfills may not be operated as follows:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional value wetland.
(3) In or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following is true:
(i) If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(ii) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(4) In coal bearing areas underlain by recoverable or mineable coals unless the permittee owns the underlying coal.
(5) In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.
(6) In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet in thickness and present at the topmost geologic unit. The areas include areas mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of sinkhole development and sinkhole-prone limestone and carbonate formations.
(7) If occupied dwellings are nearby, the following apply:
(i) Except as provided in subparagraphs (ii) and (iii), a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in subparagraphs (ii) and (iii), the disposal area of a residual waste landfill may not be within 500 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(ii) For a permitted noncaptive residual waste landfill that was operating and not closed as of January 13, 2001, an expansion permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:
(A) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver form the owner.
(B) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before January 13, 2001, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(iii) A new, noncaptive residual waste landfill, permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed, noncaptive landfill that submits an application to reopen and expand shall also be subject to this paragraph.
(iv) Notwithstanding the prohibitions in subparagraphs (ii) and (iii), an access road to a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(8) Within 100 feet of a perennial stream, unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(9) Within 100 feet of a property line, unless one of the following applies:
(i) Actual disposal will not occur within that distance.
(ii) The owner has provided a written consent to the facility being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(10) For processing, disposal and storage areas, within 1/4-mile upgradient, and within 300 feet downgradient, of a private or public water source, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator's expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.
(iii) The applicant has demonstrated that a replacement water source is technically and economically reasonible and readily available for every public or private water source in the isolation area.
(11) If the facility receives or proposes to receive putrescible waste as follows:
(i) Within 10,000 feet--or 3,048 meters--of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.
(ii) Within 5,000 feet--or 1,524 meters--of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.
(iii) For areas permitted on or after January 13, 2001, in a manner in which any portion of the landfill would be an obstruction to air navigation under 14 CFR 77.23(a)(5) (relating to standards for determining obstructions).
(12) If a school, park or playground is nearby, the following apply:
(i) Except for an expansion of a noncaptive residual waste landfill permit issued prior to January 13, 2001, for a noncaptive residual waste landfill permit issued on or after January 13, 2001, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) The Department may waive or modify one or more of the isolation distances in subsection (a)(1), (5), (7), (8) and (10) for expansions of captive facilities if the operator of the captive facility demonstrates the following to the Department's satisfaction:
(1) The captive facility was permitted prior to July 4, 1992, or was permitted after July 4, 1992, if the Department determined the permit application for the facility to be administratively complete prior to July 4, 1992.
(2) The captive facility routinely and regularly disposed of residual waste on and after the effective date of these regulations.
(3) The expansion of the captive facility solely includes land which is contiguous to the captive facility.
(4) The expansion of the captive facility solely includes land which is owned by the applicant on July 4, 1992.
(5) No other site is available on contiguous land for the expansion of the captive facility.
(6) The expansion of the captive facility will be designed and operated to ensure that the facility does not harm public health, safety, welfare or the environment.
* * * * * § 288.523. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class II residual waste landfill unless the waste meets the following criteria:
(1) The residual waste may not be of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132 (relating to chemical analysis of waste), and approved by the Department, exceeds 50 times the waste classification standard for that contaminant. If analytical quantitation limits prevent determination of the acceptability of a residual waste under this paragraph, the Department may consider the total analysis of the waste as well as the physical and chemical characteristics of the contaminant in making a determination of acceptability of the waste at the facility.
(2) Notwithstanding the limitation in paragraph (1), the Department may authorize the disposal of residual waste at a monofill if the waste is of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132, exceeds 50 times the SMCL for that contaminant, if the SMCL is the waste classification standard for the contaminant. The Department may authorize the disposal of the waste only upon a demonstration that disposal of the waste at the facility will not cause groundwater degradation that exceeds the SMCL for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for the contaminant.
(3) Even if a waste meets the requirements of this section, and the Department has previously authorized the disposal of the waste at the facility, the Department may require that the waste be disposed at a Class I landfill if one of the following applies:
(i) Monitoring data indicate that the waste or contaminants of the waste are migrating from the landfill.
(ii) The approved chemical and leaching analysis no longer accurately predicts the leachability of the waste.
(4) The Department may authorize a facility which disposes of a waste in accordance with a permit under this article to continue to dispose of the waste at the facility although a waste classification standard for a contaminant has been changed so that the waste would no longer meet the criteria for disposal of the waste at the facility under paragraph (1), if the operator of the facility demonstrates to the Department's satisfaction that disposal of the waste will not cause groundwater degradation that exceeds the waste classification standard for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for a contaminant.
(5) If more than one type of waste or waste contaminants are identified in the chemical and leaching analysis, the waste shall be disposed at the most protective type of facility required for the waste types and waste contaminants identified in the analysis.
(6) Neither residual waste nor leachate from the waste will adversely affect the ability of the liner system to prevent groundwater degradation.
(7) Leachate generated from the residual waste will be treated by the facility's leachate treatment system under applicable laws in a manner that will protect public health, safety and the environment.
(8) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility that will adversely affect the ability of the liner system to prevent groundwater degradation.
(9) Except to the extent that leachate recirculation is allowed in the permit, residual waste may not be bulk or uncontainerized liquid waste. Containers holding free liquids may not be accepted unless the container is less than 1 gallon in size, except as otherwise provided in the permit.
(10) The residual waste shall have a pH between 5.0 and 12.5 unless otherwise specified by the Department in the permit. The pH may be adjusted to meet this requirement.
(11) The residual waste may not be allowed to react, combine or otherwise interact with other waste or materials to endanger public health, safety and welfare or the environment by generating extreme heat or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The potential for the interaction shall be determined using the procedure in the EPA's ''A Method for Determining the Compatibility of Hazardous Wastes'' (EPA-600/2-80-076) or another equivalent method approved by the Department in the permit.
(12) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.
* * * * *
ADDITIONAL OPERATING REQUIREMENTS--LINER SYSTEM § 288.532. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high groundwater table.
(2) Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by any public or private water supply, even if a replacement supply is available under § 288.245 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping and french drains, or equivalent methods.
(b) For unconfined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table. The regional groundwater table may not be artificially lowered.
(c) For confined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(d) If the approved design plans provide for the placement of additional adjacent liner, the following apply:
(1) Waste may not be placed within 25 feet of an edge of the liner.
(2) The edge of the liner shall be protected by an approved soil cover, or another material approved in the permit, until additional liner is added.
(3) A lined berm at least 4 feet high shall be constructed and maintained to prevent the lateral escape of leachate.
(4) Adequate spacing shall be maintained on the inside of the berm to collect stormwater and sediment.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 15 feet of the inside top of the lined perimeter berm.
(f) A lined perimeter berm at least 4 feet high shall be constructed and maintained along the edge of the lined disposal area to prevent the lateral escape of leachate.
(g) The edge of the liner shall be clearly marked.
§ 288.533. Subbase.
(a) The subbase shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing any failure of the liner system.
(2) Accommodate potential settlement without damage to the liner system.
(3) Be a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:
(1) Consist of an upper 6 inches that is:
(i) Compacted to a standard proctor density of at least 95%.
(ii) No more permeable than 1.0 × 10-5 cm/sec. based on laboratory and field testing.
(iii) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(2) Have a postsettlement slope of at least 2% and no more than 33%.
§ 288.534. Leachate detection zone.
(a) The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:
(1) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements. The leachate detection zone shall:
(1) Be at least 12 inches thick.
(2) Contain no material exceeding 0.5 inches in particle size.
(3) Create a flow zone between the subbase and the liner equal to or more permeable than 1.0 × 10-2 cm/sec., based on laboratory testing, and when required by the Department, field testing.
(4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump and shall be of sufficient size to transmit leachate that is generated. The piping system shall also meet the following:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater as specified by ASTM or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
(5) Have a minimum bottom slope of 2%.
(6) Contain noncarbonate stones or aggregates with no sharp edges.
(c) The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.
(d) If liquid is flowing from the leachate detection zone, the operator shall immediately:
(1) Notify the Department in writing.
(2) Estimate, on a weekly basis, the volume of liquid flowing from the zone.
(3) Sample and analyze the liquid, on a quarterly basis, for pH, specific conductivity, total organic carbon and chlorides. The Department may also require sampling and analysis for other constituents expected to be found in the waste.
(4) Provide written copies of flow and analysis data to the Department.
(e) If leachate flow is greater than 100 gallons per acre of lined collection area per day, or more than 10% of leachate generation, the operator shall:
(1) Submit to the Department a plan within 30 days for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.
(2) Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.
(3) Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data, and recommendations concerning a remedial plan.
(4) Conduct quarterly sampling and analysis for the parameters in § 288.254(a)(1) (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.
(f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation, the operator shall submit the following to the Department:
(1) A remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in the liner system, and implement the plan upon Department approval.
(2) A permit modification application under § 287.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.
§ 288.535. Liner.
(a) Standards of performance. The liner shall meet the following standards of performance:
(1) The liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The liner shall be resistant to physical failure, chemical failure and other failure from the sources identified under § 288.512(d) (relating to liner system and leachate control plan).
(4) The liner shall cover the bottom and sidewalls of the facility.
(b) Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the liner shall meet, at a minimum, the requirements of Appendix A, Table II (relating to minimum liner design standards).
(c) Requirements. A liner shall meet the following standards. A liner shall include:
(1) An upper component made of a manufactured geosynthetic liner that meets the following requirements independently of the composite component:
(i) The upper component shall be no more permeable than 1.0 × 10-7 cm/sec. based on laboratory testing.
(ii) The upper component shall be installed according to manufacturer's specifications under the supervision of an authorized representative of the manufacturer. An approved assurance and quality control program shall be implemented in the field during the installation of the liner.
(iii) The upper component shall be inspected for uniformity, damage and imperfections during construction and installation.
(2) A composite component made of earthen material that meets the following requirements independent of the upper component:
(i) The composite component shall be no more permeable than 1.0 × 10-6 cm/sec. based on laboratory testing and field testing.
(ii) The composite component shall be designed, installed and maintained according to a quality assurance and quality control plan approved by the Department.
(iii) The composite component shall be inspected for uniformity, damage and imperfections during construction and installation.
(iv) The composite component shall be constructed in compacted lifts not exceeding 6 inches in depth, if the composite component is more than 6 inches in thickness. A lift shall be scarified before placement of the next lift.
(3) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact, between them.
§ 288.537. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system without ponding or accumulating on the liner.
(2) Ensure that the depth of leachate on or above the liner does not exceed 1 foot.
(3) Withstand chemical attack from leachate.
(4) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(5) Function without clogging.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system within the protective cover shall comply with the following design requirements:
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule 80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection zone shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
ADDITIONAL OPERATING REQUIREMENTS--LEACHATE TREATMENT § 288.554. Leachate recirculation.
(a) In conjunction with the treatment methods in §§ 288.552 and 288.553 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following conditions exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(b) An alternate leachate recirculation method may be used if approved by the Department.
§ 288.555. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with §§ 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 288.513 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standard in § 288.537(a)(2) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. A leachate treatment or handling system approved by the Department under § 288.513 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with the requirements in § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
Subchapter F. ADDITIONAL REQUIREMENTS FOR CLASS III RESIDUAL WASTE
ADDITIONAL OPERATING REQUIREMENTS--GENERAL § 288.621. Basic requirements.
(a) In addition to the operating requirements in Subchapter C (relating to operating requirements), a person or municipality that operates a Class III residual waste landfill shall comply with §§ 288.622--288.625.
(b) Only captive facilities, waste tire monofills, water treatment plant sludge monofills and coal ash monofills qualify as Class III residual waste landfills.
§ 288.622. Areas where Class III residual waste landfills are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, a Class III residual waste landfill may not be operated as follows:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional value wetland.
(3) In or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following is true:
(i) If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(ii) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(4) In coal bearing areas underlain by recoverable or mineable coals unless the permittee owns the underlying coal.
(5) In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.
(6) In areas underlain by limestone or carbonate formations where the formations are greater than 5-feet in thickness and present at the topmost geologic unit. The areas include area mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of sinkhole development and sinkhole-prone limestone and carbonate formations.
(7) If occupied dwellings are nearby, the following apply:
(i) Except as provided in subparagraphs (ii) and (iii), a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the facility being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. Except as provided in subparagraphs (ii) and (iii), the disposal area of a residual waste landfill may not be within 500 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(ii) For a permitted noncaptive residual waste landfill that was operated and not closed as of January 13, 2001, an expansion permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:
(A) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(B) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before January 13, 2001, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(iii) A new, noncaptive residual waste landfill permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed, noncaptive landfill that submits an application to reopen and expand shall also be subject to this paragraph.
(iv) Notwithstanding the prohibitions in subparagraphs (ii) and (iii), an access road to a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate form a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(8) Within 100 feet of a perennial stream, unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(9) Within 100 feet of a property line, unless one of the following applies:
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