[31 Pa.B. 235]
[Continued from previous Web Page] (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 disposal, processing 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 feasible 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 playgound.
(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:
* * * * * § 288.623. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class III residual waste landfill unless the waste meets all of the following criteria:
(1) The residual waste may not be of a type from which the maximum concentration obtained for 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 the following:
(i) For metals and other cations, 25 times the waste classification standard for a contaminant.
(ii) For contaminants other than metals and cations, the waste classification standard for a 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) Residual waste may not be disposed of at the facility if the disposal of the waste at the facility will result in a level of groundwater degradation at one or more monitoring points that exceeds the level of degradation that would result at the same monitoring points from the disposal of the waste at the facility if the facility were designed, constructed and operated as a Class II landfill. The Department may approve the disposal of waste at a monofill that contains contaminants other than metals or cations with a maximum concentration that is less than 10 times the waste classification standard for the contaminants, based on a chemical analysis of its leachate submitted under § 287.132, if the following are met:
(i) Disposal of the waste will improve preexisting groundwater degradation.
(ii) Preexisting degradation did not result from activities of the person or municipality that proposes to dispose of residual waste, or a related party to the person or municipality.
(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 II or 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 of the waste no longer accurately predict 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 amended in a way 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 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) The residual waste may not be a wastewater treatment sludge, unless it has been stabilized or solidified.
(7) The type, volume and concentration of constituents of residual waste being proposed for disposal shall indicate that the waste and its leachate are capable of being attenuated by the soil under the disposal area in a manner that will prevent groundwater degradation.
(8) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility in a manner that will adversely affect the ability of the attenuating soil to prevent degradation of groundwater.
(9) The residual waste may not have a petroleum based oil and grease content that exceeds 1% by dry weight.
(10) Except to the extent that leachate recirculation is allowed in the permit, residual waste may not be bulk or noncontainerized 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.
(11) The residual waste shall have a pH between 5.5 and 9.5 unless otherwise specified by the Department in the permit. The pH may be adjusted to meet this requirement.
(12) 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 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.
(13) Municipal waste may not be stored, processed or disposed at the facility, except as follows:
(i) The Department may, in the permit, approve the storage or disposal of construction/demolition waste generated by the operator.
(ii) The Department may permit water treatment plant sludge monofills or waste tire monofills.
(14) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.
* * * * * § 288.624. Attenuating soil.
(a) Disposal of residual waste. Residual waste may not be disposed at a Class III residual waste landfill, unless attenuating soil exists in the disposal area or has been placed on the entire disposal area.
(1) At least 4 feet separate the seasonal high water table, perched water table or bedrock from the lowest area where waste is deposited. Soil mottling may indicate the presence of a seasonal high water table. The seasonal high water table and perched water table may not be artificially manipulated. The seasonal high water table may not be located within the attenuating soil base.
(2) At least 8 vertical feet separate the regional groundwater table from the lowest area where waste is deposited. The regional groundwater table may not be artificially manipulated. The regional groundwater table may not be located within the attenuating soil base.
(b) Standards of performance. The attenuating soil shall meet the following standards of performance:
(1) The attenuating soil shall prevent migration of contaminants to the surface and groundwater to the greatest degree that is technologically possible.
(2) The performance of the attenuating soil may not be affected by the physical or chemical characteristics of the waste.
(3) The attenuating soil shall cover the bottom and sidewalls of the facility.
(c) Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (b) are approved as part of the permit under § 287.231 (relating to equivalency review procedure) where site-specific conditions are included in the demonstration, the attenuating soil shall meet the requirements of subsection (d). If a design under this section is modified, the modification shall be a major permit modification.
(d) Requirements. The attenuating soil required by this section shall meet the following requirements:
(1) The 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.
(2) At least 40% by weight of the fragments in the soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.
(3) The soil may not include rock fragments greater than 6 inches in diameter.
(4) The soil shall have a cation exchange capacity of at least 10 milliequivalents per 100 grams of soil.
(5) The soil shall have an organic carbon content of at least 0.1%.
APPENDIX A
TABLE I
MINIMUM LINER DESIGN STANDARDS
Liner Material Function Minimum Field Thickness (Units as Specified) Liner Density (Tests as Specified) Remarks Geosynthetics Primary or Secondary Liner 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 MIL. Geosynthetics Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. * * * * *
Geosynthetic Clay Liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite per square foot. * Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
TABLE II
MINIMUM LINER DESIGN STANDARDS
Liner Material Function Minimum Field Thickness (Units as Specified) Liner Density (Tests as Specified) Remarks Geosynthetics Liner, Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 MIL. Natural & Remolded Clay Cap,
Composite Component2 feet
1 foot>=90%*
>=90%*1. Minimum of 30% fines by weight less than 0.074 mm particle size (#200 sieve).
2. Plasticity Index greater than or equal to 10.
3. No coarse fragments greater than 3/4 inch in diameter.Sodium Bentonite and Bentonite-like materials Cap,
Composite Component2 feet
1 foot>=90%*
>=90%*1. Minimum of 8% powdered sodium bentonite or manufacturer's recommendations, whichever is greater.
2. No coarse fragments greater than 3/4 inch in diameter.
3. No organic matter.Geosynthetic Clay liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite. * Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
CHAPTER 289. RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
Subchapter B. APPLICATION REQUIREMENTS
PHASE I APPLICATION REQUIREMENTS--GENERAL PROVISIONS § 289.111. Basic requirements.
The Phase I application shall:
(1) Comply with §§ 289.112--289.114 and 289.121--289.129.
(2) Comply with Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).
§ 289.112. Facility plan.
An application to operate a residual waste disposal impoundment 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 or 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.
§ 289.113. 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:
(1) Boundaries and names of the present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; and a description of title, deed or usage restrictions affecting the proposed permit area.
(2) The boundaries of the land to be affected during the estimated total life of the proposed operation, including the boundaries of areas that will be affected in each sequence of disposal impoundment activity and boundaries of areas that will be used for impoundments.
(3) The location of the areas on and off the permit area which are proposed to be excavated to obtain earthen material for the construction of the facility, for cover material, for the liner system and for other construction purposes.
(4) The location and name of public and private water sources within 1/2 mile of the proposed facility. If more than 50 wells are located within the 1/2-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells further away.
(5) The location, name and elevation of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches within 1/4 mile of the proposed facility.
(6) The location of the active and inactive gas and oil wells, active and inactive surface and underground coal and noncoal mines, coal seams to a depth of 500 feet, mine spoil piles, dumps, dams, embankments and mine pool discharge points within 1/4 mile of the proposed facility.
(7) The location of rights-of-way for high-tension power lines, pipelines, railroads and public and private roads within 1/4 mile of the proposed facility.
(8) The location of buildings in use within 1/4 mile of the proposed facility.
(9) If solid waste disposal or processing has previously taken place within 1/4 mile of the proposed facility, the names of the owners or operators, or both, of the facility, the type of solid waste processed or disposed, and if applicable, cross sections indicating the interface details between areas previously filled and areas to be filled.
(10) The anticipated location of water quality monitoring points.
(11) The boundaries of land within the proposed permit area and adjacent areas identified in § 289.422 or § 289.522 (relating to areas where Class I residual waste disposal impoundments are prohibited; and areas where Class II residual waste disposal impoundments are prohibited), whichever is applicable.
(12) The elevation and location of test borings and core samplings taken under § 289.122 (relating to geology and groundwater description), and the location of test pits or excavations taken under § 289.124 (relating to soil description).
(13) The municipalities in which the permit area is proposed to be located.
(14) The location of sinkholes, fractures, fracture traces, outcrops, lineaments and mine pools in the proposed permit area and adjacent area.
(15) The location of water discharges into a surface body of water in the proposed permit area and adjacent area.
(16) The location of 100-year floodplain boundaries in the proposed permit area and adjacent area.
(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 maximum contour intervals, including necessary narrative descriptions.
PHASE I APPLICATION REQUIREMENTS--SITE ANALYSIS § 289.121. Description of geology, soils and hydrology; general requirements.
In preparing the soils, geology and hydrology descriptions required by this section and §§ 289.122--289.127 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 §§ 289.122--289.129 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.
§ 289.122. Geology and groundwater description.
(a) An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:
(1) The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.
(2) The stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.
(3) The hydrologic characteristics of each aquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.
(4) The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.
(5) The uses of each aquifer.
(6) The aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.
(7) The extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by § 289.127 (relating to mineral deposits information).
(8) Wellhead 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.
§ 289.124. Soil description.
(a) An application 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 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) In preparing the description of soils and elevations, the applicant shall:
(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 or offsite borrow area.
(2) Use the following soil classification systems:
(i) For intermediate and final cover, the United States Department of Soil Classification System. The United States Department of Agriculture's Soil Classification System is published in ''Soil Taxonomy''--Agriculture Handbook #436 of the United States Department of Agriculture, Soil Conservation Service, and is available from the Department or the National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092.
(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 D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analysis.
§ 289.127. 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 the existing workings underlying and within 1,000 feet of 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 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.
§ 289.128. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Department of Transportation, the Federal Aviation Administration and the airport if a proposed disposal impoundment 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 PROVISIONS § 289.131. Basic requirements.
(a) The Phase II permit application shall:
(1) Comply with this section and §§ 289.132--289.138, 289.141, 289.142, 289.151, 289.152, 289.161--289.163, 289.171 and 289.172.
(2) Comply with 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 §§ 289.132--289.138, 289.141, 289.142, 289.151, 289.152, 289.161--289.163, 289.171 and 289.172 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.
§ 289.132. Operation plan.
An application shall contain a description of the residual waste disposal impoundment operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:
(1) A narrative describing the type and method of residual waste disposal impoundment procedures, procedures for inspection and monitoring of incoming waste, sequence of disposal activity, type of disposal activity, proposed engineering techniques and the major equipment to be used under § 289.225 (relating to equipment), using the maps and grids required by § 289.133 (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) Water and air pollution control facilities.
(iv) Erosion and sedimentation control facilities.
(v) Equipment storage and maintenance buildings, and other buildings.
(vi) Access roads.
(3) A construction schedule and sequence of operations, and a site preparation plan and a schedule for disposing of solid waste at the site.
(4) An explanation of how the applicant intends to comply with § 289.224 (relating to measurement of waste).
(5) A plan for assuring that solid waste received at the facility is consistent with the following:
(i) Section 289.201 (relating to basic limitations).
(ii) Section 289.423 or § 289.523 (relating to minimum requirements for acceptable waste; and minimum requirements for acceptable waste), whichever applies.
(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.
§ 289.133. 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 disposal 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) 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 gas management, collection and control facilities, if required.
(8) The boundaries of construction activities.
(9) The location of barriers, fences and similar structures required by § 289.222 (relating to access control).
(10) The location of each sedimentation pond, permanent water impoundment or similar facility.
(11) The location of access roads to the site, including slopes, grades and lengths of the roads.
(12) The location and identity of monitoring wells.
(13) For noncaptive residual waste disposal impoundments, 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, the use of 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.
§ 289.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, in accordance with § 289.223 (relating to access roads).
§ 289.136. Nuisance minimization and control plan.
(a) The application shall contain a plan in accordance with § 289.228 (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.
§ 289.137. 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).
§ 289.138. Radiation Protection Action Plan.
(a) An application for a noncaptive residual waste disposal impoundment shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.
(b) The action plan shall be prepared in accordance with the Department's ''Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,'' Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(c) The action plan shall be incorporated into the disposal impoundment's approved waste analysis plan under § 287.134 (relating to waste analysis plan).
PHASE II APPLICATION REQUIREMENTS--COVER AND REVEGETATION § 289.141. Cover plan.
An application shall contain a plan for cover at the proposed facility under § 289.242 (relating to cover) including, at a minimum, the following information:
(1) The procedures for application of cover material.
(2) The procedures to establish elevation and grade of final cover.
PHASE II APPLICATION REQUIREMENTS--WATER QUALITY PROTECTION AND MONITORING § 289.152. Water quality monitoring plan.
(a) An application shall contain a water quality monitoring plan showing how the operator intends to comply with §§ 289.261--289.268 (relating to water quality monitoring). The plan shall include, at a minimum, the following:
(1) The number, location and design of proposed monitoring points.
(2) For new facilities, preoperational data showing existing groundwater quality, as required by § 289.123 (relating to groundwater quality description), and a procedure to establish this groundwater quality. For existing facilities, adequate monitoring data as required by § 288.123 (relating to groundwater quality description) 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 § 289.172. 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 projected 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 may be reached during the postclosure period.
(c) A person or municipality may propose, as part of the closure plan submitted under this section, to remove standing liquids, waste and waste residues, liners, and underlying and surrounding contaminated soil, and to dispose of the waste material at a solid waste management facility that is permitted to accept the waste. The person or municipality may request final closure certification under § 287.342 (relating to final closure certification) upon completion of a closure plan approved under this subsection.
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 289.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal impoundment unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 289.123 (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 disposal impoundment 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, the Department's regulations 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) All approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.
(f) 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.
(g) 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.
(h) The limitations in subsections (f) and (g) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.
WASTE LIMITATIONS § 289.212. Waste solidification.
(a) A person or municipality may not dispose of residual waste at a residual waste disposal impoundment unless the waste meets both of the following:
(1) The free liquid fraction of the waste shall readily separate from the solid fraction and shall be collected and discharged in accordance with this chapter.
(2) The waste shall solidify by a chemical or physical process concurrently with disposal or within the shortest period of time technologically practicable. Except for impoundments subject to §§ 289.438(c) and 289.537(c) (relating to leachate collection system within protective cover; and leachate collection system within protective cover), the waste shall solidify prior to closure.
(b) The waste in the impoundment after the requirements of subsection (a) have been met shall be capable of withstanding a minimum bearing capacity of 1.5 tons per square foot with a minimum factor of safety of 1.5. The bearing capacity and minimum factor of safety may be waived by the Department in the permit based upon the postclosure use of the facility.
DAILY OPERATIONS § 289.221. Signs and markers.
(a) Permanent physical elevation markers for the impoundment area 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.
(c) The permanent physical elevation markers shall be installed at the locations in the permit, prior to the beginning of disposal operations.
(d) A person or municipality that operates a noncaptive residual waste disposal impoundment 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.
§ 289.222. Access control.
(a) At facilities except local captive facilities the following requirements apply:
(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.
§ 289.223. Access roads.
(a) Access roads 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 § 289.252 (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 § 289.134 (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 captive facilities.
(e) Except for captive facilities where the Department has set forth alternate requirements in the permit and except for roads not leading to the disposal area, the disposal impoundment 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 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.
§ 289.224. 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 the Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmasters). 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 of a facility shall inspect and monitor incoming waste to ensure that the receipt of waste is consistent with this article.
§ 289.225. Equipment.
(a) The operator 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.
§ 289.227. 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 § 289.228 (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.
§ 289.228. 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 § 289.136 (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. An operator shall implement the plan approved under § 289.136 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.
§ 289.229. Daily volume.
(a) A person or municipality operating a residual waste impoundment may not receive solid waste at the impoundment 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.
§ 289.230. Radiation monitoring and response for noncaptive residual waste disposal impoundments.
(a) An operator shall implement the action plan approved under § 289.138 (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 Federal Department of Transportation Exemption Form.
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