[31 Pa.B. 235]
[Continued from previous Web Page]
SOIL AND WATER PROTECTION § 297.232. Soil erosion and sedimentation control.
The operator shall manage surface water and control erosion and sedimentation to:
(1) Divert surface water away from the storage area with measures and structures necessary to handle surface water flows, based on a 25-year, 24-hour precipitation event, and supported by written calculations and also in compliance with Chapter 102 (relating to erosion control).
(2) Meet the requirements of Chapter 102 and Chapter 105 (relating to dam safety and waterway management).
(3) Prevent erosion to the maximum extent possible, including if possible, using revegetation.
§ 297.233. Soil and groundwater monitoring.
(a) If required by the Department as part of the permit, the operator shall conduct soil or groundwater monitoring, or both. The groundwater monitoring shall be in accordance with §§ 288.252--288.258, as required by the Department, and the terms and conditions of the permit, and shall continue for the period specified in § 297.272 (relating to cessation of operations).
(b) For purposes of the interfacing with §§ 288.252--288.258, the following terms apply:
(1) The term ''disposal area'' is substituted with ''area where storage and processing occur.''
(2) The term ''residual waste landfill'' is substituted with ''incinerator or other processing facility.''
(3) The term ''disposed'' is substituted with ''stored or processed.''
§ 297.234. Water supply replacement.
(a) An operator which adversely affects a water supply by degradation, pollution or other means shall restore the affected supply at no additional cost to the owner or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner.
(b) A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(c) A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(d) Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply, or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.
EMERGENCY PROCEDURES § 297.253. Implementation of contingency plan.
(a) The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan whenever there is an emergency. For purposes of this section, the term ''emergency'' includes a fire, spill or other hazard that threatens public health and safety, public welfare or the environment, and personal injury.
(b) During an emergency, the operator shall:
(1) Assess actual or potential hazards to public health and safety, public welfare and the environment that are occurring or may occur.
(2) Ensure that fires, spills or other hazards do not occur, reoccur or spread to other solid waste at the facility.
(3) Immediately telephone the Department and county emergency management agency, and report the following information:
(i) The name of the person reporting the incident and telephone number where that person can be reached.
(ii) The name, address and permit number of the facility.
(iii) The date, time and location of the emergency.
(iv) A brief description of the nature of the emergency, the type and quantity of the solid waste involved, and what dangers to public health and safety, public welfare and the environment exist or may occur.
(v) The nature of injuries.
(vi) The parts of the contingency plan being implemented to alleviate the emergency.
(c) After an emergency, the operator of the facility shall:
(1) Clean up the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.
(2) Prevent processing, storage or disposal of solid waste in the area affected by the emergency until the operator has cleaned up the area, and the Department has approved the resumption of operation after the cleanup.
RECORDKEEPING AND REPORTING § 297.261. Daily operational records.
(a) The operator of a residual waste processing facility shall make and maintain an operational record for each day that residual waste is received, processed or transported offsite.
(b) The daily operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The name, mailing address, county and state of each generator of residual waste.
(3) The transporters of the solid waste.
(4) The weight or volume of each material used, reclaimed or marketed as a result of the process.
(5) The name and county or state of the facility where the solid waste is ultimately disposed and the weight or volume of waste disposed for bypass wastes and waste products.
(6) A description of waste handling problems or emergency disposal activities.
(7) A record of deviations from the approved design or operational plans.
(8) A record of activities for which entries are needed to comply with the annual operation report required in § 297.262 (relating to annual operation report).
(9) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(10) A record of rejected waste loads and the reasons for rejecting the loads.
(11) For noncaptive facilities, a record of each incident in which radioactive material is detected in waste loads. The record shall include:
(i) The date, time and location of the occurrence.
(ii) A brief narrative description of the occurrence.
(iii) Specific information on the origin of the material, if known.
(iv) A description of the radioactive material involved, if known.
(v) The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.
(vi) The final disposition of the material.
(12) For noncaptive incinerators, a record of each vehicle, other than a combination, that exceeds 73,280 pounds gross weight and of each combination that exceeds 80,000 pounds gross weight.
(i) The record shall include:
(A) The gross weight of the vehicle when weighed at the facility.
(B) The registration plate number and home, or base state registration of the vehicle.
(C) The name, address and telephone number of the owner of the vehicle.
(D) The date and time when the vehicle was weighed at the facility.
(E) The date that the weight scale was last tested in accordance with 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act).
(ii) For purposes of this paragraph, the following terms have the following meanings:
(A) Combination--Two or more vehicles physically interconnected in tandem. An example of a combination is a truck tractor attached to a semitrailer.
(B) Gross weight--The combined weight of a vehicle or combination of vehicles and its load excluding the driver's weight.
(C) Registration--The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
§ 297.262. Annual operation report.
(a) An operator of a residual waste processing facility shall submit to the Department an annual operation report on or before June 30 of each year.
(b) The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following:
(1) The weight or volume of each type of solid waste received.
(2) The type and weight or volume of solid waste received from each generator, including the name, mailing address, county and state of each generator.
(3) The weight or volume of each material marketed or disposed as a result of the process.
(4) A current certificate of insurance, as specified in § 287.373(a) (relating to proof of insurance coverage), evidencing continuous coverage for public liability insurance as required by § 287.371 (relating to insurance requirement).
(5) Changes in the previous year concerning the information required by §§ 287.124 and 287.125 (relating to identificaiton of interests; and compliance information). The report shall also indicate if no changes have occurred.
(6) A change in the ownership of the land upon which the facility is located or a change in a lease agreement for the use of the land that may affect or alter the operator's rights upon the land.
(7) A written update of the total bond liability for the facility under § 287.331 (relating to bond amount determination). If additional bond is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.
(8) Certification that the operator has received the analysis or certification required by § 287.54 (relating to chemical analysis of waste) for each type of residual waste or special handling waste received at the facility, and that the residual waste or special handling waste that is received at the facility meets the conditions in the facility's permit.
(9) A record of detected radioactive materials.
(c) The annual operation report shall be accompanied by a nonrefundable annual permit administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amounts:
(1) Six hundred fifty dollars for facilities that incinerate residual waste.
(2) Nine hundred dollars for other residual waste processing facilities subject to this subchapter.
CESSATION AND CLOSURE § 297.272. Cessation of operations.
(a) Upon cessation of processing operations at the facility, the operator shall remove solid waste and structures or other materials which contain or are contaminated with solid waste, and shall provide for the processing or disposal of the waste or material in accordance with the act, the environmental protection acts and this title.
(b) An operator required under § 297.233 (relating to soil and groundwater monitoring) to conduct soil monitoring may discontinue soil monitoring upon cessation of processing operations only upon written approval of the Department. In deciding whether to allow discontinuance of monitoring, the Department will consider the operational history of the facility, the likelihood that soil contamination will manifest itself in the future and other factors.
(c) An operator required under § 297.233 to conduct groundwater monitoring may discontinue groundwater monitoring after cessation of operations and cleanup only upon written approval by the Department. In deciding whether to allow discontinuance of monitoring, the Department will consider the operational history of the facility, the likelihood that groundwater contamination will manifest itself in the future, whether the remediation standards in § 287.342(c) (relating to final closure certification) are met and maintained and other relevant factors.
CHAPTER 299. STORAGE AND TRANSPORTATION OF RESIDUAL WASTE
Subchapter A. STANDARDS FOR STORAGE OF RESIDUAL WASTE
SCOPE § 299.101. Scope.
(a) A person or municipality that stores residual waste shall comply with §§ 299.111--299.117 (relating to general).
(b) In addition to the requirements of subsection (a), the following requirements shall be met:
(1) A person or municipality that stores residual waste in the manner identified in §§ 299.121, 299.122, 299.131--299.133 and 299.141--299.145 shall store the waste under the applicable provisions of those sections.
(2) A person or municipality that stores the types of waste identified in §§ 299.151--299.163 (relating to types of waste) shall store the waste under the applicable provisions of those sections.
(c) This subchapter applies to residual waste storage at impoundments that are permitted for industrial waste water, pretreatment or storage and discharge under The Clean Streams Law.
GENERAL § 299.115. Nuisance minimization and control.
(a) A person or municipality that stores residual waste shall:
(1) Control and minimize the harborage, breeding or attraction of vectors.
(2) Take other measures necessary to control and minimize the presence of vectors.
(3) Immediately take measures necessary to exterminate vectors.
(b) A person or municipality storing residual waste shall also minimize and control conditions not otherwise prohibited by this subchapter that are harmful to the public health, public safety or the environment, or which create safety hazards, odors, dust, unsightliness or other public nuisances.
TYPES OF STORAGE CONTAINERS AND TANKS § 299.121. Containers.
(a) A person or municipality storing residual waste in containers shall provide a sufficient number of containers to contain solid waste generated during periods between regularly scheduled collections.
(b) An individual container or bulk container used for the storage of residual waste shall have the following characteristics:
(1) The container shall be constructed to be easily handled for collection.
(2) The container shall be constructed of rust resistant and corrosion resistant materials.
(3) The container shall be designed to prevent leaks.
(c) Putrescible waste shall be stored in an individual container or bulk container that has the following characteristics:
(1) The container shall be equipped with a tight fitting lid or cover, or otherwise sealed.
(2) The container shall be watertight, leak-proof, insect-proof and rodent-proof.
(d) All containers shall be clearly labeled as ''residual waste'' or as the specific type of residual waste.
(e) The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
§ 299.122. Storage tanks.
(a) Residual waste storage tanks shall meet the design and performance standards established by this section. A storage tank shall be clearly labeled as ''residual waste'' and the type of residual waste shall be identified.
(b) Aboveground residual waste storage tanks shall be designed and operated as follows, unless an alternative design is demonstrated to perform at a level equivalent to the requirements of this section and is otherwise approved by the Department:
(1) Tanks shall be designed and constructed in accordance with an appropriate current code of practice developed by Nationally recognized associations such as UL, ACI, API, ASME, ASTM or NACE.
(2) Tanks shall have a stable foundation, capable of supporting the total weight of the tank when full of waste without movement, rolling or unacceptable settling. The foundation shall minimize corrosion of the tank bottom and meet or exceed the specifications of the tank manufacturer. The foundation design and construction shall be based on sound engineering practices.
(3) Newly installed or repaired tanks shall be tested for tightness in accordance with current codes of practice developed by Nationally recognized associations and manufacturer's specifications. If a pneumatic test is used for manufactured (shop built) tanks, the fittings, welds, joints and connections shall be coated with a soap solution and checked for leaks. Deficiencies shall be remedied prior to tanks being placed into service. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and Federal requirements.
(4) Tank connections through which waste can flow shall be equipped with an operating valve adjacent to the tank to control flow of waste. Appropriate valves shall be installed to meet or exceed current codes of practice and jurisdictional requirements. Valves shall be designed, installed and maintained according to current codes of practice.
(5) The exterior surfaces of aboveground tanks and piping shall be protected by a suitable coating, which prevents corrosion and deterioration. The coating system shall be maintained throughout the entire operational life of the tank.
(6) Owners and operators shall ensure that releases from overfills do not occur. Transfer of stored waste may not exceed the volume available in receiving tank and the transfer shall be adequately monitored. Immediate action shall be taken to stop the flow of waste prior to exceeding tank capacity or in the event that an equipment failure occurs.
(7) Tanks shall be installed with the following:
(i) A gauge or monitoring device which accurately indicates the level or volume in the tank and is visible to the individual responsible for the transfer of waste. The monitoring device shall be installed, calibrated and maintained in accordance with manufacturer's specifications.
(ii) A high-level alarm and an automatic high-level cut-off device or a high-level alarm and a manned operator shutdown procedure in operation.
(8) Containment structures shall be compatible with the wastes stored and minimize deterioration to the storage tank system.
(9) Containment areas shall be designed, maintained and constructed in accordance with sound engineering practices adhering to Nationally recognized codes of practice, such as NFPS, NACE, ACI or API and in compliance with State and Federal requirements.
(10) Secondary containment under the tank bottom and around underground piping shall be designed to direct any release to a monitoring point.
(11) Permeability of the secondary containment shall be less than 1 × 10-7 cm/sec at anticipated hydrostatic head.
(12) Aboveground tanks shall have emergency containment structures, such as dike fields, curbing and containment collection systems, which contain releases from overfills, leaks and spills.
(13) Permeability of emergency containment structures shall be less than 1 × 10-6 cm/sec at anticipated hydrostatic head and be of sufficient thickness to prevent the released waste from penetrating the containment structure for a minimum of 72 hours and until the release can be detected and recovered.
(14) Emergency containment areas, such as dike fields, shall be able to contain 110% of the capacity of the largest tank in the containment area.
(15) Stormwater shall be removed from the emergency containment area as soon as possible or when the water is in contact with the tank or piping and prior to the capacity of containment being reduced by 10% or more. Manually operated pumps or siphons and manually operated gravity drains may be used to empty the containment. If drain valves are used, they shall be secured in the closed position when not in use. Discharge or disposal of wastes from the containment structure shall comply with applicable State and Federal requirements.
(16) Aboveground tank systems shall provide method of leak detection capable of detecting a release. The leak detection method shall be monitored at least monthly and shall be installed, calibrated, operated and maintained in accordance with industry practices and manufacturer's specifications.
(i) The area beneath the tank bottom shall be monitored for leakage by visual, mechanical or electronic leak detection methods.
(ii) Observation wells outside of the secondary containment structure do not satisfy the leak detection requirements.
(c) Underground residual waste storage tanks shall be designed and operated as follows, unless an alternative design is demonstrated to perform at a level equivalent to the requirements of this section and is otherwise approved by the Department:
(1) Corrosion protection.
(i) Parts of the system that routinely contain waste shall be protected from deterioration. Parts that are in contact with the ground shall be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory.
(ii) System components constructed of metal do not need additional corrosion protection measures if:
(A) The site is determined by a corrosion expert to not be corrosive enough to cause a release due to corrosion during the systems operating life.
(B) Owners and operators maintain records that demonstrate compliance with clause (A) for the remaining life of the tank system including removal and closure.
(2) Spill and overfill prevention equipment.
(i) Except as provided in subparagraph (ii), to prevent spilling and overfilling associated with waste transfer to the underground storage tank system, owners and operators shall ensure that their systems have the following spill and overfill prevention equipment:
(A) Spill prevention equipment that will prevent release of waste to the environment when the transfer hose is detached from the fill pipe.
(B) Overfill prevention equipment that will do one or more of the following:
(I) Automatically shut off flow into the tank before the fittings on the top of the tank are touched by waste.
(II) Restrict the flow into the tank before it is 90% full or 30 minutes before it would be full.
(III) Activate an audible and visible high level alarm before the tank is 90% full or 30 minutes before it would be full.
(ii) Owners and operators are not required to use overfill prevention equipment if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.
(3) Installation. Tanks and piping shall be properly installed and system integrity tested in accordance with a code of practice developed by a Nationally recognized association or independent testing laboratory such as API 1615 and PEI RP 100, and in accordance with the manufacturer's instructions.
(4) Releases due to corrosion. To ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store waste, the owner and operator shall comply with the following requirements:
(i) Corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain wastes and is in contact with the ground.
(ii) Underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(A) Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.
(B) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a Nationally recognized association.
(iii) Underground storage tank systems with impressed current cathodic protection systems shall be checked every 60 days to ensure the equipment is operating properly.
(iv) For underground storage tank systems using cathodic protection, records of the operation of the cathodic protection shall be maintained. These records shall provide the following:
(A) The results of the last three system checks required in paragraph (4)(iii).
(B) The results of testing from the last two inspections required in paragraph (4)(ii).
(5) Unauthorized or accidental access. Monitoring and observation wells shall be clearly identified using industry codes and standards and caps shall be secured to prevent unauthorized or accidental access.
(6) Maintenance. Sumps, release detection equipment, corrosion protection, spill prevention, overfill prevention and other appurtenances whose failure could contribute to a release of waste, shall be maintained in a good state of repair and shall function as designed.
(7) Tightness testing. Systems shall be precision tightness tested after installation and major repairs.
(8) Monitoring for releases. Portions of the tank and underground piping that routinely contain waste shall be monitored at least monthly for releases.
(9) Method evaluation. The method or combination of methods used shall have been evaluated by an independent third party and shown to be effective in detecting releases.
(10) Records. Records documenting the operation of the release detection method shall be made each month and kept for at least 1 year.
STORAGE PILES § 299.131. General requirements.
(a) A person or municipality storing residual waste in piles shall prevent the dispersal of residual waste by wind or water erosion.
(b) A person or municipality may not store liquid waste in a residual waste pile.
(c) Unless the storage pile requires a liner system or storage pad under § 299.132 (relating to storage pad or liner system), the residual waste being stored shall be separated from the seasonal high water table by at least 4 feet without the use of a groundwater pumping system. The Department may, in writing, waive this requirement.
(d) A person or municipality storing residual waste in a pile shall design, install and maintain berms around the storage area and other structures or facilities to collect and, when necessary, treat runoff or leachate, or both, from the storage area. The Department may, in writing, waive the berm requirement when other collection methods are in place.
(e) For storage piles without a liner system or storage pad, the Department may require the person or municipality to install a water quality monitoring system in accordance with §§ 288.251--288.255 (relating to water quality monitoring).
IMPOUNDMENTS § 299.144. Operating requirements.
(a) A person or municipality that stores residual waste in a surface impoundment shall design, operate and maintain the impoundment in accordance, at a minimum, with the following:
(1) Section 289.202 (relating to certification).
(2) Section 289.223 (relating to access roads).
(3) Sections 289.227 and 289.228 (relating to air resources protection; and nuisance minimization and control).
(4) Section 289.255 (relating to water supply replacement).
(5) Sections 289.261--289.268 (relating to water quality monitoring).
(6) Sections 289.271(a) and 289.272--289.274 (relating to impoundments).
(7) Section 289.312 (relating to closure).
(8) Section 289.522(a)(2), (6) and (7) (relating to areas where Class II residual waste disposal impoundments are prohibited).
(9) Notwithstanding the references to ''disposal,'' § 289.423(a)(1)--(3), (5) and (6) (relating to minimum requirements for acceptable waste) or § 289.523(a)(1)--(8) and (11) (relating to minimum requirements for acceptable waste).
(10) Notwithstanding the references to ''disposal,'' if the residual waste to be stored meets the requirements of § 289.523(a), the following shall be met:
(i) Section 289.532(a)--(c) (relating to general limitations).
(ii) Section 289.533 (relating to subbase).
(iii) Section 289.534 (relating to leachate detection zone).
(iv) Section 289.535 (relating to liner).
(v) Section 289.536 (a)(1) and (b)(1), (2) and (4) (relating to protective cover), except that the protective cover material may be up to 1 inch in diameter.
(11) Notwithstanding the references to ''disposal,'' if the residual waste to be stored does not meet the requirements of § 289.523(a), the following shall be met:
(i) Section 289.432(a)--(c) (relating to general limitations).
(ii) Section 289.433 (relating to subbase).
(iii) Section 289.434 (relating to secondary liner).
(iv) Section 289.435 (relating to leachate detection zone).
(v) Section 289.436 (relating to primary liner).
(vi) Section 289.437(a)(1) and (b)(1), (2) and (4) (relating to protective cover), except that the protective cover material may be up to 1 inch in diameter.
(b) A person or municipality that stores residual waste in a surface impoundment shall remove waste from the impoundment as follows:
(1) Waste removal may not damage the impoundment.
(2) The liner shall be inspected to ensure its integrity, and necessary repairs shall be made prior to returning the impoundment to service.
(3) The person or municipality shall provide for the disposal or processing of the removed waste in accordance with this article.
(4) Waste shall be removed in accordance with the permit.
(5) If the removal frequency is greater than once per year, the removal frequency shall be stated in the permit.
(6) If the removal frequency is less than or equal to once per year, or if no removal frequency is stated in the permit, waste shall be removed from the impoundment annually.
TYPES OF WASTE § 299.155. Storage of whole and processed waste tires.
(a) This section and §§ 299.156--299.163 do not apply to persons or municipalities who store less than 500 waste tires in open storage or who store less then 1,500 waste tires in enclosed storage unless the open or enclosed storage threatens or causes harm to the public health, safety, welfare or the environment.
(b) The requirements of this section and §§ 299.156--299.163 may be waived or modified for small piles at the location of waste tire generators.
(c) A person or municipality may not accumulate whole and processed waste tires speculatively or store for longer than 1 year. The actual tons of waste tires removed from a facility shall be verified through weight receipts.
(d) No person or municipality storing whole and processed waste tires shall maintain operational records that provide detailed information in accordance with § 299.112 (relating to design and operation).
§ 299.156. Notice by waste tire storage sites operators.
(a) By January 13, 2001, each operator of a waste tire storage site shall file a notice on a form prepared by the Department which includes the following:
(1) A brief description of the type and number of whole waste tires and the type and weight or volume of processed waste tires being stored at the waste tire storage site.
(2) A brief description of the physical design and layout of the waste tire storage site, including a description of structures used for storing whole and processed waste tires and their locations at the storage site, a diagram of the locations and approximate sizes of any piles of whole and processed waste tires at the storage site and a description of the location of emergency equipment at the storage site.
(3) The approximate date upon which the operator began to store 500 or more waste tires in open storage or 1,500 or more waste tires in enclosed storage.
(4) Information showing how the operator will comply with § 299.155(c) (relating to storage of whole and processed waste tires).
(5) The address of the storage site and the individual responsible for operating the storage site.
(6) Verification of landowner consent to operate a waste tire storage site.
(b) An operator of a waste tire storage site that is not subject to the requirements of this section, §§ 299.155 and 299.157--299.163 on January 13, 2001, based on § 299.155(a), shall file the notice required by subsection (a) if the waste tire storage site becomes subject to the requirements of this section, §§ 299.155 and 299.157--299.163 after that date.
(c) As of January 13, 2001, no person or municipality operating a waste tire storage site may store whole and processed waste tires at the storage site unless the person or municipality has filed with the Department a notice that is consistent with this section.
§ 299.157. General limitations on storage of whole and processed waste tires.
(a) Indoor storage of whole and processed waste tires shall be consistent with ''The Standard for the Storage of Rubber Tires,'' National Fire Protection Association Standard 231D, (NFPA 231D), as amended.
(b) When whole and processed waste tires are stored outdoors, each whole and processed waste tire pile shall:
(1) Cover a surface area not greater than 2,500 square feet.
(2) Have a vertical height not greater than 15 feet.
(3) Maintain corridors as firebreaks on all sides of a tire pile of at least 50 feet. Corridors shall be maintained free from obstructions that could limit access in the event of an emergency.
(4) For shredded or chipped tires stored in piles, cover a surface area of no more than 2,500 square feet, and be no more than 15 feet high. Thirty-five foot wide corridors shall be maintained for firebreaks on all sides of a pile with no point in a pile being more than 25 feet from a firebreak. Corridors shall be kept free from obstructions that could limit access in the event of an emergency.
(5) For baled tires stored in stockpiles, cover a surface area of no more than 5,000 square feet, and may be no more than 15 feet high. Thirty-five foot wide corridors shall be maintained for firebreaks on all sides of a pile with no point in a pile being more than 25 feet from a firebreak. Corridors shall be kept free from obstructions that could limit access in the event of an emergency.
(6) The firebreaks shall be free of waste, equipment and structures, and vegetation shall be maintained below 6 inches in length at all times.
(7) Outdoor storage of whole and processed waste tires shall be conducted to prevent the discharge of fire-generated oils and liquids into the surface water and groundwater of this Commonwealth.
(8) Outdoor storage of whole and processed waste tires shall be conducted to control mosquito propagation during warm weather. Controls may include use of tarps, indoor storage screens or spraying.
(9) A copy of a Preparedness, Prevention and Contingency (PPC) plan, that is consistent with the Department's most recent guidelines, shall be prepared and maintained at the waste tire storage facility and be updated annually. The applicable provisions of the Department approved PPC plan shall be immediately implemented for any emergency that affects or threatens public health, safety, welfare or the environment.
(c) Storage of whole and processed waste tires which occurs at a permitted processing or disposal facility shall be covered under the permit, and is limited to the total number or amount of whole and processed waste tires which can be processed or disposed by the permitted facility during a year. The processing or disposal permit shall incorporate the requirements of this subchapter.
(d) A waste tire storage site may not be greater than 5 acres in total area.
(e) Owners or operators of waste tire storage sites may not maintain additional storage areas on contiguous property.
§ 299.158. Areas where storage of whole and processed waste tires prohibited.
A person or municipality may not store whole and processed waste tires:
(1) In the 100 year floodplain of any waters of this Commonwealth, unless the Department approves a method of protecting the facility from a 100 year flood consistent with the Flood Plain Management Act (32 P. S. §§ 679.101--679.601), the Stormwater Management Act (32 P. S. §§ 680.1--680.17) and the Dam Safety and Encroachment Act (32 P. S. §§ 693.1--693.27).
(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.
(4) Within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the activities being closer than 300 feet.
(5) Within 100 feet of a sinkhole or area draining into a sinkhole.
(6) Within 100 feet of a perennial stream.
(7) Within 300 feet of a water source.
(8) Within 50 feet of a property line unless the owner has provided a written waiver consenting to the facility being closer than 50 feet.
§ 299.159. Access control.
(a) A gate or other barrier shall be maintained at all potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.
(b) The operator shall construct and maintain a fence or other suitable barrier around the area sufficient to prevent unauthorized access.
(c) Access to the site shall be limited to those times when an attendant is on duty.
§ 299.160. Hazard prevention.
(a) Persons or municipalities storing whole and processed waste tires shall design, construct, maintain and operate the storage site to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth or threaten public health or safety, public welfare or the environment.
(b) A person or municipality may not cause or allow the open burning of whole and processed waste tires.
(c) Each person or municipality storing whole and processed waste tires shall have available in proper working condition equipment that will control, contain and suppress fires or other hazards. The equipment shall include the following at the storage site unless otherwise approved by the Department in writing:
(1) An internal communications or alarm system capable of providing immediate emergency instructions by voice or signal to facility personnel.
(2) A communications system capable of summoning emergency assistance from local police, fire Departments, emergency medical services, and from State and local emergency response agencies.
(3) Portable fire extinguishers and suitable fire control equipment.
(4) Available water, at sufficient volume and pressure and suitable foam agent (3%--6% mixture) and application equipment at the storage site (or an agreement with the local fire Department to provide the equipment) to temporarily contain a fire at the facility until emergency personnel arrive.
(5) Equipment sufficient in size and design to provide timely movement of tires and tire derived materials in case of an emergency.
(6) For indoor tire storage, an active fire suppression system in the building.
(d) The operator of a waste tire storage site shall immediately implement the applicable provisions of the Preparedness, Prevention and Contingency (PPC) plan if there is a fire or other event that threatens public health, safety, welfare or the environment or threatens personal injury. In addition, the operator shall immediately:
(1) Assess actual or potential hazards to public health, safety, welfare or the environment that are occurring or may occur.
(2) Ensure that fires or other hazards do not occur, reoccur or spread to other solid waste at the storage site.
(3) Telephone the Department and county emergency management agency and report the following information:
(i) The name of the person reporting the incident and telephone number where that person can be reached.
(ii) The name and address of the storage site.
(iii) The date, time and location of the fire or other event that threatens the public health, safety, welfare or the environment.
(iv) A brief description of the event being reported, the type of solid waste involved and what dangers to public health, safety, welfare or the environment exist or may occur.
(v) The nature of any injuries.
(vi) Parts of the PPC plan being implemented to alleviate the situation.
(3) After a fire or other emergency, the operator of a waste tire storage site shall:
(i) Remediate the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.
(ii) Prevent disposal, processing, storage or treatment of solid waste in the area affected by the emergency until the operator has remediated the area, and the Department has inspected and approved the remediation.
§ 299.161. Soil and water protection.
(a) Surface water runoff from storage areas shall be minimized. Collection of surface water runoff shall be managed in accordance with The Clean Streams Law and the regulations thereunder.
(b) Surface water run-on to storage areas shall be minimized.
(c) Whole and processed waste tires may not be stored so as to cause adverse affects on groundwater.
(d) The Department may require a person or municipality that stores whole and processed waste tires to conduct soil or groundwater monitoring, or both.
§ 299.162. Annual report for waste tire storage sites.
(a) Each person or municipality that stores whole and processed waste tires shall submit to the Department an annual operation report on or before June 30 of each year. The report shall include:
(1) The weight and approximate number of whole and processed waste tires that were being stored at the storage site on January 1 of the preceding calendar year, and the approximate number of whole and processed waste tires that were being stored at the storage site on December 31 of the preceding calendar year.
(2) The weight and approximate number of whole and processed waste tires that were received at the storage site in the preceding calendar year, the person and location from which they were shipped and the name of the transporter.
(3) The weight and approximate number of whole and processed waste tires that were shipped from the site in the preceding calendar year, the person and location to which they were shipped and the end use for which they were shipped.
(b) The annual report shall be based on a daily operational record, which shall be maintained by the person or municipality storing waste tires for each day that waste tires are received or transported off the storage site.
(c) All numbers and weights shall be reported in Passenger Tire Equivalents (PTE), with 1 PTE equal to 20 pounds.
§ 299.163. Cessation of operations.
Upon cessation of whole and processed waste tire storage activities, the operator shall immediately remove all whole and processed waste tires from the storage site, and provide for the processing or disposal of the waste in accordance with the act, the environmental protection acts and this title.
Subchapter B. STANDARDS FOR COLLECTING AND TRANSPORTING OF RESIDUAL WASTE
SCOPE § 299.201. Scope.
(a) A person or municipality that transports residual waste that is not mixed with waste that is regulated under Article VIII (relating to municipal waste) shall comply with §§ 299.11--299.221 (relating to general provisions). In addition, a person or municipality that transports waste referred to in §§ 299.231 and 299.232 (relating to types of waste) shall transport the waste in accordance with the applicable provisions of these sections, and may not mix the waste with other types of waste.
(b) A person or municipality that transports residual waste that is mixed with waste that is regulated under Article VIII shall comply with §§ 285.211--285.219 (relating to general provisions).
GENERAL PROVISIONS § 299.219. Recordkeeping and reporting.
(a) A person or municipality that transports residual waste shall make and maintain an operational record for each day that residual waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following:
(1) The types or classifications of residual waste transported.
(2) The weight or volume of the types of wastes transported.
(3) The name, mailing address, telephone number, county and state of each generator of transported waste.
(4) The name and location of a transfer facility that has received, or will receive, the waste.
(5) The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.
(6) A description of handling problems or emergency disposal activities.
(7) The name and address of he person or municipality collecting or transporting the waste.
(8) The license plate number of the trailer transporting the waste.
(b) The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.
§ 299.220. Signs on vehicles.
A vehicle or conveyance that is ordinarily or primarily used for the transportation of solid waste shall bear a sign that meets the following:
(1) The sign shall include the name and business address of the person or municipality that owns the vehicle or conveyance.
(i) The name shall be the actually and commonly recognized name of the person or municipality. Abbreviations or acronyms are permissible if they do not obscure the meaning.
(ii) The address shall include the city, state and five digit zip code for the principal place of business for the person or municipality.
(2) The sign shall include the specific type of solid waste transported by the vehicle or conveyance.
(i) Infectious or chemotherapeutic waste shall be designated: Infectious/Chemotherapeutic waste.
(ii) Other municipal waste shall be designated: Municipal Waste.
(iii) Residual waste shall be designated: Residual Waste.
(iv) Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.
(3) The sign shall have lettering that is 6 inches in height. The lettering shall be placed on the roll-off box or trailer. If available space for lettering on the trailer or roll-off box is so limited that all letters cannot be 6 inches in height, the lettering shall be as close to 6 inches as possible. The required information shall be clearly visible and easily readable.
(4) The sign may be permanent or detachable.
§ 299.221. Transporting foodstuffs and feedstuffs in vehicles used to transport waste.
(a) A person or municipality may not transport, or knowingly provide a vehicle for the transportation of, a food product or produce intended for human or livestock consumption, in a vehicle which has been used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(b) A person or municipality may not knowingly accept a food product or produce from, or provide a food product or produce to, a vehicle used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(c) As used in this section, the following words and phrases have the following meanings:
(1) Food product or produce--A raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
(2) In bulk--Not divided into parts or packaged in separate units.
(3) Chemical or liquid--The term includes any chemical or liquid, including any pesticide or herbicide regardless of its use or intended use. The term does not include the following:
(i) A chemical or liquid food product or produce.
(ii) A chemical or liquid being transported for use directly in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural agronomic, horticultural, silvicultural or aquacultural crops and commodities.
(iii) A chemical or liquid being transported for use as an ingredient in a product used in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquacultural crops and commodities.
[Pa.B. Doc. No. 01-59. Filed for public inspection January 12, 2001, 9:00 a.m.]
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