[31 Pa.B. 235]
[Continued from previous Web Page] § 287.53. Source reduction strategy.
(a) A person or municipality subject to this subchapter shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be maintained on the premises where the waste is generated, shall be available on the premises for inspection by a representative of the Department and shall be submitted to the Department upon request.
(b) For each type of waste generated, the strategy shall include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description shall quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality has established a source reduction program.
(3) If the person or municipality has established a source reduction program as described in paragraph (2), the strategy shall identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of the waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(4) If the person or municipality has not established a source reduction program as described in paragraph (2), the strategy shall include the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when one or more of the following occur:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If residual waste generated by a person or municipality will be processed or disposed of at a solid waste management facility which has applied to the Department for approval to process or dispose of the waste, the person or municipality that generated the residual waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility. If residual waste generated by a person or municipality is processed or disposed of at a solid waste management facility which has received written approval from the Department to process or dispose of the waste, the person or municipality shall submit the source reduction strategy required by this section to the facility whenever the Department requires the person or municipality to update the strategy.
(e) The strategy shall be signed by a responsible official for the person or municipality that generated the waste. If the person or municipality is a corporation, limited liability company or partnership, the report shall be signed by an officer of the corporation, manager of the limited liability company or a partner in the partnership, whichever is applicable.
(f) The Department may in writing waive or modify the requirements of this section for research and developement activities.
§ 287.54. Chemical analysis of waste.
(a) In accordance with subsection (b), a person or municipality subject to this subchapter shall:
(1) Perform a detailed analysis that fully characterizes the physical properties and chemical composition of each type of waste that is generated. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.
(2) Make a determination of whether the waste is a hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).
(3) Submit a copy of the analysis, determination and a record of laboratory quality control procedures and the use of those procedures to the Department on forms prepared by the Department and to each solid waste management facility which accepts or proposes to accept the waste from the person or municipality for processing or disposal in accordance with written approval from the Department. The information which shall be submitted to a solid waste management facility may be limited to information pertaining to the particular types of waste which the facility receives in accordance with Departmental approval. The submittal of quality control procedures and procedure information may be waived by the Department if the information has been previously submitted to the Department.
* * * * * (g) Notwithstanding the certification permitted in subsection (f), a chemical analysis that meets the requirements of subsections (a), (c) and (d) shall be completed every five years.
(h) The Department may, in writing, waive or modify the requirements of this section for special handling waste.
§ 287.55. Retained recordkeeping.
(a) A person or municipality that generates any quantity of residual waste shall:
(1) Maintain records that include the types and amounts of waste generated, the date on which the waste was generated, the date on which the waste was disposed of or processed onsite, the name, address and telephone number of a person or municipality that transported the waste and the name, address and phone number of the processing or disposal facility or other destination to which the waste was transported.
(2) Retain the records on the premises where the residual waste was generated for 5 years after the waste was generated.
(3) Make the records available for inspection upon request to a representative of the Department.
(b) This section does not apply to residual waste generated in a house or residence.
Subchapter C. GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
GENERAL § 287.101. General requirements for permit.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the activity from the Department under this article.
(b) A person or municipality is not required to obtain a permit under this article, comply with the bonding or insurance requirements of Subchapter E (relating to bonding and insurance requirements) or comply with Subchapter B (relating to duties of generators) for one or more of the following:
(1) Agricultural waste produced in the course of normal farming operations, if the waste is not hazardous. An agricultural waste will be presumed to be produced in the course of normal farming operations if its application is consistent with that for normal farming operations. A person managing mushroom waste shall implement best management practices. The Department will prepare a manual for the management of mushroom waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for mushroom waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299 (relating to land application of residual waste; composting facilities for residual waste; storage and transportation of residual waste).
(2) The use of food processing waste or food processing sludge in the course of normal farming operations if the waste is not hazardous. A person managing food processing waste shall implement best management practices. The Department will prepare a manual for the management of food processing waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for food processing waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299.
(3) The beneficial use of coal ash under Subchapter H (relating to beneficial use).
(4) The activities described in § 287.2(e)--(h) (relating to scope).
(5) The processing or disposal of residual waste described in § 287.2(b) that is subject to a permit issued by the Department under Article VIII (relating to municipal waste).
(6) The use as clean fill of the materials in subparagraphs (i) and (ii) if they are separate from other waste. The person using the material as clean fill has the burden of proof to demonstrate that the material is clean fill.
(i) The following materials, if they are uncontaminated: soil, rock, stone, gravel, brick and block, concrete and used asphalt.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(7) Processing that results in the beneficial use of scrap metal.
(c) Subsection (b) does not relieve a person or municipality of the requirements of the environmental protection acts or regulations promulgated thereto. Notwithstanding subsection (b), the Department may require a person or municipality to apply for, and obtain, an individual or general solid waste permit, or take other appropriate action, when the person or municipality is conducting a solid waste activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(d) The Department will not require a permit under this article for cleanup or other remediation at the site of a spill, release, fire, accident or other unplanned event, unless the site is part of a permit area for an active facility or the proposed permit area in an application. In requiring cleanup or other remediation at the site, the Department may require compliance with only those provisions of this article that the Department determines necessary to protect human health, safety, welfare and the environment.
(e) The Department will not require a permit under this article for the movement of waste encountered when performing a site remediation under Chapter 250 (relating to administration of land recycling program) where the site-specific standard is specified as the remediation goal for contamination of soil and groundwater, provided the following conditions are met:
(1) The response to the release of regulated substances is being conducted pursuant to the site-specific standard in Chapter 250, Subchapter D (relating to site-specific standards).
(2) The area containing the waste unit is part of the site, as identified under the notice of intent to remediate (NIR), and the notice includes identification of the waste types.
(3) The excavation, movement and placement onsite of the waste shall be incorporated as part of the remedial investigation report which shall be approved by the Department prior to the initiation of remediation activities. The report shall include plans for grading, construction and management of the wastes. The disturbance of a waste disposal unit that is not part of an approved remedial investigation report is not covered under this permit waiver.
(4) The excavation, movement and placement of waste materials onsite may not increase the potential for onsite or offsite runoff of water or dispersal of waste.
(5) The excavation, movement and placement of waste onsite may not adversely affect or endanger public health, safety, welfare, or the environment or cause a public nuisance.
(6) Waste may not be stored or placed in waters of the Commonwealth or in a manner that will cause groundwater or surface water degradation.
§ 287.102. Permit-by-rule.
(a) Purpose.
(1) This section sets forth classes of facilities that are subject to permit-by-rule. A facility will not be deemed to have a permit-by-rule if it causes or allows violations of the act, the regulations promulgated thereunder, the terms or conditions of a permit issued by the Department or causes a public nuisance. A facility that is subject to permit-by-rule under this section is not required to apply for a permit under this article or comply with the operating requirements of Chapters 288--297, if that facility operates in accordance with this section.
(2) A facility is not subject to permit-by-rule under this section unless it meets the following:
(i) The facility complies with Chapter 299 (relating to storage and transportation of residual waste), except as provided in subsections (b)(7), (c)(3) and (k).
(ii) The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of the permits.
(3) A facility is not subject to permit-by-rule under this section unless the operator prepares and maintains the following at the facility in a readily accessible place:
(i) A copy of a Preparedness, Prevention and Contingency (PPC) plan that is consistent with the Department's most recent guidelines for the developement and implementation of PPC plans.
(ii) Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility, and waste handling problems or emergencies.
(4) Subchapter E (relating to bonding and insurance requirements) is not applicable to facilities which are deemed to have a permit under this section.
(5) Subchapter F (relating to civil penalties and enforcement) is applicable to facilities subject to this section.
(6) The Department may require a person or municipality subject to permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
* * * * * (f) Beneficial use. The beneficial use of residual waste which the Department has approved, in writing, prior to July 4, 1992, shall be deemed to have a residual waste processing or disposal permit if the person or municipality uses the residual waste in accordance with the terms and conditions of the written approval and the Department has not revoked the approval. The expiration date for permits issued pursuant to this subsection is July 4, 2002, unless a specific permit term is written as a condition of the prior written approval.
* * * * * (k) Temporary storage of residual waste at a hazardous waste transfer facility. A facility that receives and temporarily stores residual waste at a hazardous waste transfer facility and that facilitates the transportation or transfer of that waste to a processing or disposal facility shall be deemed to have a residual waste processing permit under this article if, in addition to the requirements in subsection (a), the following are met:
(1) The residual waste is stored in accordance with the hazardous waste transfer facility requirements in 40 CFR 263.12 (relating to transfer facility requirements) as incorporated by reference in § 263a.10 and modified in § 263a.12 (relating to incorporation by reference and scope; and transfer facility requirements). The management of residual waste shall be included in the PPC plan submitted under § 263a.12.
(2) Residual waste may not be stored unless there is secondary containment around the containers.
(3) The residual waste remains in its original container and is not mixed with other waste.
(4) The containers that store residual waste are clearly labeled with the words ''residual waste.''
(5) Residual waste is stored separately from hazardous waste.
(6) Nonputrescible residual waste is stored in accordance with the time periods specified in § 263a.12(1). Putrescible residual waste may not be stored for more than 24 hours.
(7) The bond required under § 263a.32 (relating to bonding) includes coverage for the processing of residual waste.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
TRANSITION SYSTEM FOR EXISTING FACILITIES § 287.112. Storage impoundments and storage facilities.
* * * * * (f) Modification of operating requirements on repermitting are as follows:
(1) For residual waste storage impoundments permitted and constructed on or before July 4, 1992, the Department may waive or modify the liner system and leachate treatment system requirements that would otherwise be applicable under this article if the following conditions are met:
(i) The Department has approved a groundwater monitoring system for the facility and the system has been installed.
(ii) The operator demonstrates based on sampling and analysis data taken by the operator or the Department that groundwater degradation from the facility does not exceed one of the following for any contaminant:
(A) The Statewide health standard for the contaminant at the property boundary.
(B) The background standard for the contaminant at the property boundary.
(2) For residual waste storage impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under § 299.144(a)(6) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required by § 299.144(a)(6).
(3) The Department may revoke action taken under this subsection if conditions at the site no longer meet the requirements in that paragraph.
(4) Nothing in this subsection prevents the Department from requiring the operator of a storage impoundment subject to this subsection to take measures to abate offsite leachate migration, groundwater degradation, or another public nuisance or threat of harm to public health, safety, welfare or the environment caused by the failure of the operator to install or maintain the liner system and leachate treatment system that would otherwise be required by this article.
* * * * * § 287.115. Filing by permitted facilities.
* * * * * (c) Modification.
(1) For residual waste landfills permitted under the act before July 4, 1992, and residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may waive or modify the liner system and leachate treatment requirements that would otherwise be applicable under this article after approval of a complete application for permit modification, if the following conditions are met:
(i) The Department approves, and the operator implements, a groundwater monitoring plan that meets the requirements of this article.
(ii) The operator demonstrates one of the following in the preliminary application:
(A) Groundwater degradation from the facility, based on sampling and analysis data for a 1-year period that meets the requirements of this article, does not exceed the background or Statewide health standard for a contaminant at the property boundary.
(B) The operator has complied and will continue to comply with the applicable requirements for groundwater assessment and groundwater abatement in this article and has demonstrated that the abatement will result in restoration of the groundwater to levels that are at least equivalent to the background or Statewide health standards for a contaminant at the property boundary. It is not necessary, for purposes of this demonstration, that restoration of groundwater to these levels occur before closure. However, this paragraph in no way alters the operator's obligations for final closure certification under § 287.342 (relating to final closure certification) or as otherwise provided in Subchapter E (relating to bonding and insurance requirements).
(iii) The physical properties and chemical composition of the waste have not changed since the permit was issued based on continued sampling and analysis of the waste that is consistent with the permit.
(2) For residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under §§ 289.271--289.273 (relating to general requirements; inside slopes; and outside slopes and terraces) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required in §§ 289.271--289.273.
(3) The Department may revoke action taken under this subsection if the conditions at the site no longer meet the requirements in this subsection.
(4) The liner system and leachate treatment system requirements may not be modified or waived for areas identified in an application for a new permit or permit modification submitted after January 13, 2001.
(d) Complete application. Within a period not to exceed 9 months after receiving notice from the Department, a person or municipality that filed a preliminary application for permit modification shall file with the Department a complete application for permit modification to correct differences between the existing permit and the requirements of this chapter. The Department's notice may specify a period of less than 9 months.
(e) Deadline for allowing interim operation.. By July 4, 1994, a person or municipality that operates a facility subject to this section may not dispose or process waste at the facility unless a preliminary application for permit modification or a closure plan is filed under this section.
(f) Deadline for allowing continued operation. By July 4, 1997, a person or municipality that operates a facility subject to this section may not store, dispose or process waste at the facility unless one of the following applies:
(1) A complete application for permit modification is filed under this section, and the Department has not yet rendered a decision with respect to the application.
(2) The person or municipality possesses a permit for the facility that is consistent with this article.
(g) Closure plan. A person or municipality that is required under subsection (e) or (f) to cease storage, disposal or processing of waste shall submit a closure plan under § 287.117 (relating to closure plan). An application for a new permit shall be filed in accordance with this article to receive, process or dispose of solid waste.
§ 287.117. Closure plan.
(a) A closure plan for a residual waste processing or disposal facility submitted under § 287.113 or 287.115 (relating to permitting procedure for unpermitted processing or disposal facilities; and filing by permitted facilities) shall show how the operator plans to close in a manner that will protect public health, safety and the environment. Except as provided in subsections (c) and (d), the closure plan shall be consistent, at a minimum, with the applicable regulations for the type of facility concerning the following:
(1) Sedimentation and erosion control.
(2) Revegetation.
(3) Water quality monitoring.
(4) Bonding and insurance.
(5) For residual waste landfills and residual waste disposal impoundments:
(i) Final cover and grading.
(ii) Leachate management.
(iii) Gas venting and monitoring.
(6) For residual waste disposal impoundments, waste solidification.
(b) The Department may waive or modify the applicable regulations concerning subsection (a) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.
(c) A person or municipality that has submitted a water quality monitoring plan and bonding as part of the notice required by § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities) is not required to resubmit the information as part of the closure plan.
(d) A person or municipality may propose, as part of the closure plan submitted under subsection (a), 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 section.
(e) The Department may approve, approve with modifications, or disapprove a closure plan submitted under this subchapter.
(f) A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.
(g) A person or municipality that submitted a closure plan to the Department under § 287.113 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:
(1) The date stated in the closure plan approved by the Department under this section.
(2) By July 4, 1995.
(h) A person or municipality that submitted a closure plan to the Department under § 287.115 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:
(1) The date stated in the closure plan approved by the Department under this section.
(2) By July 4, 1997.
(3) When the facility reaches final permitted capacity.
(i) The Department may require a person or municipality that closed a residual waste processing or disposal facility after September 7, 1980, to submit a closure plan under this section. The person or municipality shall submit the closure plan within 6 months after receiving written notice.
(j) Groundwater degradation at a solid waste facility that ceased receiving waste after September 7, 1980, shall be remediated in accordance with one of the following:
(1) An approved closure plan, permit or any administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department prior to January 13, 2001.
(2) Section 287.342 (relating to final closure certification), if paragraph (1) is not applicable or if a remediation is conducted under a document in paragraph (1) that has been so modified and approved.
GENERAL APPLICATION REQUIREMENTS § 287.122. Form of application.
(a) Applications for a permit under this chapter shall be submitted to the Department in writing, on forms provided by the Department.
(b) Each application for a permit shall be accompanied by information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Department to determine compliance with this article.
(c) Information in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the Department.
(d) Each application for a permit shall be prepared by, or under the supervision of, a Pennsylvania registered professional engineer. The design section of the application shall bear the seal of a Pennsylvania registered professional engineer. The soils, geology and groundwater sections of a permit application shall be completed by experts in the fields of soil science, soil engineering, geology and groundwater. The geology and groundwater sections of a permit application also shall be completed under the supervision of a registered professional geologist licensed in this Commonwealth.
§ 287.123. Right of entry.
(a) Each application shall contain a description of the documents upon which the applicant bases his legal right to enter and operate a residual waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.
(b) The application shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the applicant by the current landowner to operate a residual waste processing or disposal facility.
(2) A copy of the document of conveyance that expressly grants or reserves the applicant the right to operate a residual waste processing or disposal facility and an abstract of title relating the documents to the current landowner.
(c) Each application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for up to 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.
(d) The forms required by subsections (b) and (c) shall be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 291 (relating to land application of residual waste).
(e) Subsequent landowners shall be deemed to have constructive knowledge if the forms required by this section have been properly filed at the office of the recorder of deeds in the county in which the proposed solid waste activity is situated.
§ 287.124. Identification of interests.
(a) Each application for a residual waste processing or disposal permit shall contain the following information on a form provided by the Department:
(1) The name, addresses and telephone numbers of:
(i) The permit applicant.
(ii) Any contractor, including a contractor for gas or energy recovery from the proposed operation, if the contractor is a person other than the applicant.
(iii) Related parties to the applicant, including their relationship to the applicant.
(2) The names and addresses of the owners of record of surface and subsurface areas within, and contiguous to, any part of the proposed permit area.
(3) The names and addresses of the holders of record of any leasehold interest of surface and subsurface areas within, and contiguous to, any part of the proposed permit area.
(b) Each application shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, government agency, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the application shall contain the following information, if applicable:
(1) The names and addresses of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.
(2) For corporations, the principal shareholders.
(3) For corporations, the names, principal places of business and Internal Revenue Service tax identification numbers of United States parent corporations of the applicant, including ultimate parent corporations, and all United States subsidiary corporations of the applicant and the applicant's parent corporations.
(4) The names and addresses of other persons or entities having or exercising control over any aspect of the proposed facility that is regulated by the Department, including associates and agents.
(c) If the applicant, or an officer, principal shareholder, general or limited partner, limited liability company member or manager, or other related party to the applicant, has a beneficial interest in, or otherwise manages or controls another person or municipality engaged in the business of solid waste collection, transportation, storage, processing, treatment or disposal, the application shall contain the following information:
(1) The name, address and tax identification number or employer identification number of the corporation or other person or municipality.
(2) The nature of the relationship or participation with the corporation or other person or municipality.
(d) Each application shall list permits or licenses issued by the Department under the environmental protection acts to each person or municipality identified in subsection (b), and any other related parties to the applicant that are currently in effect or have been in effect in at least part of the previous 10 years. This list shall include the type of permit or license, number, location, issuance date, and if applicable, the expiration date.
(e) Each application shall identify the solid waste processing or disposal facilities in this Commonwealth which the applicant or a person or municipality identified in subsection (b), and other related party to the applicant currently owns or operates, or owned or operated in the previous 10 years. For each facility, the applicant shall identify the location, type of operation, and State or Federal permits under which they operate or have operated. Facilities which are no longer permitted or which were never under permit shall also be listed.
§ 287.125. Compliance information.
An application shall contain the following information for the 10-year period prior to the date on which the application is filed:
(1) A description of notices of violation, including the date, location, nature and disposition of the violation, that were sent by the Department to the applicant or a related party, concerning the act, the environmental protection acts, a regulation or order of the Department or a condition of a permit or license. In lieu of a description, the applicant may provide a copy of notices of violation.
(2) A description of administrative orders, civil penalty assessments and bond forfeiture actions by the Department, and civil penalty actions adjudicated by the EHB, against the applicant or related party concerning the act, the environmental protection acts, a regulation or order of the Department or of a condition of a permit or license. The description shall include the date, location, nature and disposition of the actions. In lieu of a description, the applicant may provide a copy of the orders, assessments and actions.
(3) A description of summary, misdemeanor or felony convictions, pleas of guilty or pleas of no contest that have been obtained in this Commonwealth against the applicant or a related party under the act and the environmental protection acts or other acts in this Commonwealth concerning the storage, collection, treatment, transportation, processing or disposal of solid waste. The description shall include the date, location, nature and disposition of the actions.
(4) A description of court proceedings concerning the act or the environmental protection acts that was not described under paragraph (3), in which the applicant or a related party has been party. The description shall include the date, location, nature and disposition of the proceedings.
(5) A description of consent orders, consent adjudications, consent decrees or settlement agreements in this Commonwealth entered by the applicant or a related party concerning the act, the environmental protection acts or an environmental protection ordinance, in which the Department, the EPA or a county health department was a party. The description shall include the date, location, nature and disposition of the action. In lieu of a description, the applicant may provide a copy of the order, adjudication, decree or agreement.
(6) For facilities and activities identified under § 287.124 (relating to identification of interests), a statement of whether the facility or activity was the subject of an administrative order, consent agreement, consent adjudication, consent order, settlement agreement, court order, civil penalty, bond forfeiture proceeding, criminal conviction, guilty or no-contest plea to a criminal charge, or permit or license suspension or revocation under the act or the environmental protection acts. If the facilities or activities were subject to one or more of these actions, the applicant shall state the date, location, nature and disposition of the violation. In lieu of a description, the applicant may provide a copy of the appropriate document. The applicant shall also state whether the Department has denied a permit application filed by the applicant or a related party, based on compliance status.
(7) When the owner or operator is a corporation, partnership or limited liability company, a list of each principal shareholder, partner or member that has also been principal shareholder, partner or member of another corporation, partnership or limited liability company which has committed violations of the act or the environmental protection acts. The list shall include the date, location, nature and disposition of the violation, and shall explain the relationships between the principal shareholder, partner or member and both of the following:
(i) The owner or operator.
(ii) The other corporation, partnership or limited liability company.
(8) A description of misdemeanor or felony convictions, pleas of guilty, and pleas of no contest, by the applicant or a related party for violations outside this Commonwealth of the environmental protection acts. The description shall include the date of the convictions or pleas, and the date, location and nature of the offense.
(9) A description of final administrative orders, court orders, court decrees, consent decrees or adjudications, consent orders, final civil penalty adjudications, final bond forfeiture actions or settlement agreements involving the applicant or a related party for violations outside this Commonwealth of the environmental protection acts. The description shall include the date of the action and the location and nature of the underlying violation. In lieu of a description, the applicant may provide a copy of the appropriate document.
§ 287.127. Environmental assessment.
(a) Impacts. Each environmental assessment in a permit application shall include a detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including traffic, aesthetics, air quality, water quality, stream flow, fish and wildlife, plants, aquatic habitat, threatened or endangered species, water uses and land use. The applicant shall consider environmental features such as scenic rivers, recreational river corridors, local parks, State and Federal forests and parks, the Appalachian trail, historic and archaeological sites, National wildlife refuges, State natural areas, National landmarks, farmland, wetland, special protection watersheds designated under Chapter 93 (relating to water quality standards), airports, public water supplies and other features deemed appropriate by the Department or the applicant. The permit application shall also include all correspondence received by the applicant from any state or Federal agency contacted as part of the environmental assessment.
(b) Harms. The environmental assessment shall describe the known and potential environmental harms of the proposed project. The applicant shall provide the Department with a written mitigation plan which explains how the applicant plans to mitigate each known or potential environmental harm identified and which describes any known and potential environmental harms not mitigated. The Department will review the assessment and mitigation plans to determine whether there are additional harms and whether all known and potential environmental harms will be mitigated. In conducting its review, the Department will evaluate each mitigation measure and will collectively review mitigation measures to ensure that individually and collectively they adequately protect the environment and the public health, safety and welfare.
(c) Noncaptive landfills, disposal impoundments and incinerators. If the application is for the proposed operation of a noncaptive landfill, disposal impoundment or incinerator, the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(d) Other facilities. If the application is for the proposed operation of another type of facility and the applicant or the Department upon review determines that known or potential environmental harm remains despite the mitigation measures described in subsection (b), the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(e) Identification of harms and benefits. Known and potential harms and benefits of a proposed project may also be identified by the Department or any other person or municipality.
(f) Evaluation. After consultation with other appropriate agencies and potentially affected persons, the Department will evaluate the environmental assessment in Phase I of permit review or otherwise prior to technical review.
(g) Revision. The Department may require submission of a revised environmental assessment if additional harms or potential harms are discovered during any phase of permit application review.
WASTE ANALYSIS § 287.131. Scope.
(a) Sections 287.132--287.135 apply to residual waste management facilities that apply to receive residual waste. Sections 287.132--287.134 do not apply to:
(1) Captive transfer facilities, except as otherwise required in writing by the Department.
(2) The disposal at permitted Class I or Class II residual waste landfills of residual waste from a person or municipality that generates a total quantity of 2,200 pounds or less of residual waste per generating location in each month, if the applicant demonstrates to the Department's satisfaction that the waste is not hazardous.
(3) The disposal at permitted Class I or Class II residual waste landfills of an individual type of residual waste from a person or municipality that generates a total or 2,200 pounds or less of that type of residual waste per generating location in each month, if approved by the Department in writing.
(b) The requirements of these sections are in addition to the application and operating requirements in this article.
§ 287.132. Chemical analysis of waste.
(a) Application.
(1) An application shall contain the following information for each waste on a form provided by the Department:
(i) The name and location of the generator of the waste.
(ii) A detailed analysis that fully characterizes the physical properties and chemical composition of the waste. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.
(iii) An evaluation of the ability of the waste and the constituents in the waste to leach into the environment.
(iv) A determination of whether the waste is hazardous under Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).
(v) If the waste will be disposed of at a residual waste landfill or residual waste disposal impoundment, a demonstration that the waste meets the requirements for disposal at the facility without adversely affecting the effectiveness of the liner or leachate treatment system or attenuating soil at a Class III residual waste landfill.
(2) More than one type of waste from a single generator may be included on a single application, if the information required by this section is separately included for each type of waste.
(3) The analysis required by this subsection shall include a waste sampling plan, including quality assurance and quality control procedures. The plan shall ensure an accurate and representative sampling of the waste.
(4) The Department may, in writing, waive or modify the evaluation required by this subsection for waste to be received at permitted facilities if the conditions in subparagraph (i) are met and the conditions in subparagraph (ii) or (iii) are met:
(i) The applicant has submitted a description of the process by which the waste was generated, a physical description of the waste, and a certification that the waste is not hazardous.
(ii) The applicant has demonstrated to the Department's satisfaction that no additional analysis is necessary to determine if the waste can be received at the facility without adversely affecting the effectiveness of the liner or leachate treatment systems or attenuating soil at a Class III residual waste landfill and established emission and wastewater discharge limits.
(iii) The applicant has demonstrated to the Department's satisfaction that no additional analysis is necessary to determine if the waste can be received at the facility without adversely affecting the effectiveness of waste processing operations and established emission and wastewater discharge limits.
(b) Waste generation. Except as provided in subsection (e), an application shall also include a description of the waste generation process, including a description of the raw materials used in the process, the primary chemical reactions which occur during the process, the sequence of events which occur during the process, the points of waste generation in the process and the manner in which each of the wastes is managed subsequent to its generation. A schematic drawing of the process shall be included.
(c) Methodologies. The analytical methodologies used to meet the requirements of subsection (a) shall be those set forth in the most recent edition of the EPA's ''Test Methods for Evaluating Solid Waste'' (SW-846), ''Methods for Chemical Analysis of Water and Wastes'' (EPA 600/4-79-020), ''Standard Methods for Examination of Waste and Wastewater'' (prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation), or a comparable method subsequently approved by the EPA or the Department.
(d) Quality control. The person taking the samples and the laboratory performing the analysis required by subsection (a) shall employ the quality assurance/quality control procedures described in the EPA's ''Handbook for Analytical Quality Control in Water and Wastewater Laboratories'' (EPA 600/4-79-019) or ''Test Methods for Evaluating Solid Waste'' (SW-846). The laboratory's quality control procedures, as well as the documentation of the use of those procedures, shall be included in the application unless waived by the Department.
(e) Generator information. An applicant may submit information received from a person or municipality under § 287.54 (relating to chemical analysis of waste) to meet the corresponding requirements of this section.
§ 287.133. Source reduction strategy.
An application for the processing or disposal of residual waste shall contain a copy of the source reduction strategy required by § 287.53 (relating to source reduction strategy) for each residual waste to be received at the facility.
§ 287.134. Waste analysis plan.
(a) The application shall include a waste analysis plan for each type of waste proposed to be received at the permitted facility. The plan shall take into account the waste analysis required by § 287.132 (relating to chemical analysis of waste). At a minimum, the plan shall include:
(1) The parameters for which each residual waste will be analyzed and the rationale for the selection of these parameters. For the land application of residual waste under Chapter 291 (relating to land application of residual waste), the parameters shall include total nitrogen, organic nitrogen and ammonium.
(2) The test methods that will be used to test for these parameters. The test methods shall be the same as those used under § 287.132.
(3) An explanation of the sampling methods that will be used to obtain an accurate and representative sample of the waste to be analyzed, including quality assurance and quality control procedures.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date. The rationale for the frequency shall also be explained.
(b) The application shall also include a plan for screening and managing incoming waste to ensure that the disposal or processing of the waste is consistent with the permit and this article. Except as otherwise required by the Department, the application shall include, at a minimum, a plan for checking each load of waste received at the facility for color, physical state and phases of waste.
(c) The application shall describe how rejected waste will be managed, including responsible persons or municipalities and the method by which an alternative processing or disposal facility will be selected.
§ 287.135. Transition period for radiation monitoring.
A person or municipality possessing a permit for a noncaptive residual waste disposal or processing facility which was issued by the Department prior to January 13, 2001, shall file with the Department an application for permit modification to bring the facility operation into compliance with the following requirements for radioactive material monitoring and detection that became effective on January 13, 2001, according to the following schedule, unless the Department imposes in writing an earlier date, in a specific situation for reasons of public health, safety or environmental protection:
(1) Noncaptive residual waste landfill. An application for a permit modification addressing the requirements of §§ 288.133(a)(14) and 288.139 (relating to map and grid requirements and radiation protection action plan) shall be filed by January 13, 2002.
(2) Noncaptive residual waste disposal impoundment. An application for a permit modification addressing the requirements of §§ 289.133(a)(13) and 289.138 (relating to map and grid requirements and radiation protection action plan) shall be filed by January 13, 2002.
(3) Noncaptive residual waste transfer facility. An application for a permit modification addressing the requirements of §§ 293.103(a)(13) and 293.111 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
(4) Noncaptive residual waste composting facilities. An application for a permit modification addressing the requirements of §§ 295.112(a)(20) and 295.120 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
(5) Noncaptive residual waste incinerator or other processing facilities. An application for a permit modification addressing the requirements of §§ 297.103(a)(20) and 297.113 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
FEES § 287.141. Permit application fee.
(a) Each application for a new permit and each application for permit modification under § 287.115 (relating to filing by permitted facilities) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amount:
(1) Twenty-five thousand nine hundred dollars for residual waste landfills.
(2) Eight thousand five hundred dollars for residual waste disposal impoundments.
(3) Five thousand one hundred dollars for the agricultural utilization of residual waste.
(4) Five thousand one hundred dollars for the utilization of residual waste for land reclamation.
(5) Five thousand two hundred dollars for residual waste transfer facilities.
(6) For residual waste processing facilities other than transfer facilities:
(i) Eight thousand three hundred dollars for noncaptive residual waste incinerators.
(ii) Two thousand two hundred dollars for captive residual waste incinerators.
(iii) Five thousand two hundred dollars for other residual waste processing facilities.
(7) Eight thousand five hundred dollars for demonstration facilities.
(b) Each application for a permit modification under § 287.154 (relating to public notice and public hearings for permit modifications) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for the following amount:
(1) Six hundred dollars for the addition of types of waste not approved in the permit.
(2) Seven thousand eight hundred dollars for residual waste landfills.
(3) Six hundred dollars for the agricultural utilization of residual waste.
(4) One thousand nine hundred dollars for the utilization of residual waste for land reclamation.
(5) Four thousand six hundred dollars for residual waste disposal impoundments.
(6) For residual waste processing facilities:
(i) One thousand five hundred dollars for incinerators.
(ii) Seven hundred dollars for other residual waste processing facilities.
(7) Five thousand eight hundred dollars for demonstration facilities.
(c) An application for a minor permit modification, including a minor permit modification under § 287.222 (relating to permit modification), shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonweatlh of Pennsylvania'' for $300.
(d) Each application for a permit reissuance under § 287.221 (relating to permit reissuance) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $400.
(e) Each application for a permit renewal under § 287.223 (relating to permit renewal) shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $300.
(f) A fee is not required for closure plans submitted under § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities) or § 287.115.
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