[31 Pa.B. 235]
[Continued from previous Web Page]
WATER QUALITY PROTECTION § 288.245. Water supply replacement.
(a) A person or municipality operating a residual waste landfill 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 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.
WATER QUALITY MONITORING § 288.252. Number, location and depth of monitoring points.
(a) The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system shall consist of the following:
(1) At least one monitoring well at a point hydraulically upgradient from the disposal area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the facility, except when the facility occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the facility.
(2) At least three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area in which solid waste has been or will be disposed. In addition to the downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the area in which solid waste has been or will be disposed, if the springs are developed and protected in a manner approved by the Department and if the springs otherwise meet the requirements of this subchapter.
(3) A leachate detection system for the disposal area, when required for the facility.
(4) A leachate collection system for the disposal area, when required for the facility.
(5) Surface water monitoring points approved by the Department.
(b) The upgradient and downgradient monitoring wells shall be:
(1) Sufficient in number, location and depth to be representative of water quality.
(2) Located so as not to interfere with routine facility operations.
(3) Located within 200 feet of the permitted disposal area, except as necessary to comply with subsection (c), and located at the points of compliance.
(c) In addition to the requirements of subsection (b), upgradient monitoring wells shall be located so that they will not be affected by adverse effects on groundwater from the disposal area.
(d) In addition to the requirements of subsection (b), downgradient monitoring wells shall be located so that they will provide early detection of adverse effects on groundwater from the disposal area.
(e) Wells drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. §§ 645.1--645.13).
(f) The well materials shall be decontaminated prior to installation.
§ 288.253. Standards for wells and casing of wells.
(a) A monitoring well shall be cased as follows:
(1) The casing shall maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.
(2) The minimum casing diameter shall be 4 inches unless otherwise approved by the Department in writing.
(3) The well shall be constructed with a screen that meets the following requirements:
(i) The screen shall be factory-made.
(ii) The screen may not react with the groundwater being monitored.
(iii) The screen shall maximize open area to minimize entrance velocities and allow rapid sample recovery.
(4) The well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material shall be well-rounded and dimensionally stable.
(5) The casing shall be clearly visible and protrude at least 1 foot aboveground, unless the Department has approved flush mount wells.
(6) The annular space above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.
(7) The casing shall be designed and constructed to prevent cross contamination between surface water and groundwater.
(8) Alternative casing designs for wells in stable formations may be approved by the Department.
(b) Monitoring well casings shall be enclosed in a protective casing that shall:
(1) Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.
(2) Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.
(3) Be grouted and placed with a concrete collar at least 3 feet deep to hold it firmly in position.
(4) Be numbered for identification with a label capable of withstanding field conditions and painted in a highly visible color.
(5) Protrude above the monitoring well casing.
(6) Have a locked cap.
(7) Be made of steel or other material of equivalent strength.
§ 288.254. Sampling and analysis.
(a) A person or municipality operating a residual waste landfill shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:
(1) Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total organic carbon, total dissolved solids, turbidity, iron, manganese, magnesium, potassium and sodium.
(2) Quarterly, for groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.
(3) Annually, for total and dissolved concentrations of each of the following: arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc.
(4) Annually, for the following volatile organic compounds: tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene and xylene.
(5) Other constituents contained in the waste that may leach into the environment, as determined under § 287.132 (relating to chemical analysis of waste). For facilities with leachate collection and treatment, the quarterly analysis shall be adjusted to reflect parameters detected from leachate analysis under § 288.456 or § 288.556 (relating to leachate analysis and sludge handling; and leachate analysis and sludge handling).
(b) The Department may modify the requirements of this section, based on the waste analysis conducted under § 287.132 for residual waste monofills for parameters and monitoring frequencies that are not necessary to determine the actual or potential effect of the facility on surface or groundwater. This subsection does not apply to subsection (a)(1).
(c) For facilities permitted before July 4, 1992, the parameters described in this section shall be sampled and analyzed beginning October 5, 1992.
§ 288.256. Groundwater assessment plan.
(a) Requirement. A person or municipality operating a residual waste landfill shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:
(1) Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point.
(2) Laboratory analysis of one or more pubic or private water supplies indicates groundwater degradation that could reasonably be attributed to the facility.
(b) Exception. The operator is not required to conduct an assessment under this section if one of the following applies:
(1) Within 10 working days after receipt of sample results indicating groundwater degradation, the operator resamples the affected wells and analysis from resampling shows, to the Department's satisfaction, that groundwater degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earthmoving and other activities related to facility construction, or by seasonal variations.
(c) The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain the following information:
(1) The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with §§ 288.252 and 288.253 (relating to number location and depth of monitoring points; and standards for wells and casing of wells).
(2) The sampling and analytical methods for the parameters to be evaluated.
(3) The evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.
(4) An implementation schedule.
(5) Identification of the abatement standard that will be met.
(d) The groundwater assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months, unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. The operator shall notify, in writing, each owner of a private or public water supply that is located within 1/2-mile downgradient of the disposal area that an assessment has been initiated.
(e) Within 45 days after the completion of the groundwater assessment plan, the operator shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.
(f) If the Department determines after review of the groundwater assessment report that implementation of an abatement plan is not required by § 288.257 (relating to abatement plan), the operator shall submit a permit modification application under § 287.222 (relating to permit modification) for necessary changes to the groundwater monitoring plan. The operator shall implement the modifications within 30 days of the Department's approval.
(g) This section does not prevent the Department from requiring, or the operator from conducting groundwater abatement or water supply replacement concurrently with or prior to implementation of the assessment.
§ 288.257. Abatement plan.
(a) The operator of a residual waste landfill shall prepare and submit to the Department an abatement plan whenever one of the following occurs:
(1) The groundwater assessment plan prepared and implemented under § 288.256 (relating to groundwater assessment plan) shows the presence of groundwater degradation for one or more contaminants at one or more monitoring points and the analysis under § 288.256(c) indicates that an abatement standard under subsection (c) will not be met.
(2) Monitoring by the Department or operator shows the presence of an abatement standard exceedance from one or more compliance points as indicated in subsection (c) even if a groundwater assessment plan has not been completed. The operator is not required to implement an abatement plan under this paragraph if the following apply:
(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance described in subsection (c), the operator resamples the affected wells.
(ii) Analysis from resampling shows to the Department's satisfaction that an exceedance of an abatement standard has not occurred.
(b) An abatement plan shall be prepared by an expert hydrogeologist and submitted to the Department. The plan shall contain the following information:
(1) The specific methods or techniques to be used to abate groundwater degradation at the facility.
(2) The specific methods or techniques to be used to prevent further groundwater degradation from the facility.
(3) A schedule for implementation.
(c) If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one or more of the following standards at the identified compliance points:
(1) For constituents for which Statewide health standards exist, the Statewide health standard for that constituent at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(2) The background standard for constituents at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(3) For constituents for which no primary MCLs under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. §§ 300f--300j-18; and 35 P. S. §§ 721.1--721.17) exist, the risk-based standard at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer, if the following conditions are met:
(i) The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.
(ii) The level is derived in a manner consistent with Department guidelines for assessing the health risks of environmental pollutants.
(iii) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2692) or other scientifically valid studies approved by the Department.
(iv) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1 × 10-5 at the property boundary.
(d) For measuring compliance with secondary contaminants under subsection (c), paragraph (1) or (3), the Department may approve a compliance point beyond 150 meters on land owned by the owner of the disposal area.
(e) The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.
(f) If the Department determines that the proposed plan is inadequate, the Department may modify the plan and approve the plan as modified or require the submission of an approvable modification.
(g) The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule.
(h) If, after plan approval or implementation, the Department finds that the plan is incapable of achieving the groundwater protection contemplated in the approval, the Department may issue one or more of the following:
(1) An order requiring the operator to submit proposed modifications to the abatement plan.
(2) An order requiring the operator to implement the abatement plan as modified by the Department.
(3) An other order the Department deems necessary to aid in the enforcement of the act.
MINERALS AND GAS § 288.261. Mineral resources.
(a) The operator shall isolate coal seams, coal outcrops and coal refuse from combustible waste deposits to prevent the combustion of the waste and that prevents damage to the liner system.
(b) Mine openings within the site shall be sealed in a manner approved by the Department.
(c) The operator shall implement a plan for controlling potential for damage from subsidence that was submitted and approved under § 288.127 (relating to mineral deposits information).
§ 288.262. Gas control and monitoring.
(a) If the waste disposed at the facility generates, or is likely to generate gas, the operator shall establish and implement a gas control and monitoring program plan under § 288.161 (relating to gas monitoring and control plan).
(b) The operator shall control decomposition gases generated within the site to prevent danger to workers, structures and to occupants of adjacent property.
(c) Gas venting and monitoring systems shall be installed during construction at facilities.
(d) Gas monitoring shall be conducted in accordance with the approved plan. Gas monitoring shall be conducted quarterly by the operator during active operations and after closure until the Department determines in writing that gas monitoring is not necessary to ensure compliance with the act, the environmental protection acts, regulations promulgated thereunder and the terms and conditions of the permit.
(e) Combustible gas levels may not equal or exceed:
(1) Twenty-five percent of the lower explosive limit in a structure within the site.
(2) The lower explosive limit at the boundaries of the site.
(f) The operator shall conduct active forced ventilation of the facility, using vents located at least 3 feet above the landfill surface, if one of the following apply:
(1) Passive venting has caused or may cause violations of subsection (e).
(2) Induced positive gas flows will prevent or control offsite odors.
EMERGENCY PROCEDURES § 288.271. Hazard prevention.
A residual waste landfill shall be designed, constructed, maintained and operated to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth that could threaten public health or safety, public welfare or the environment.
§ 288.272. Emergency equipment.
(a) Except as provided in subsection (b), the operator shall have available, in proper working condition, the following equipment at the immediate operating area of the facility:
(1) An internal communications or alarm system capable of providing immediate emergency instruction 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, fire control equipment, spill control equipment, self contained breathing apparatus and decontamination equipment. For fire control equipment requiring water, the facility shall have a water supply of adequate quantity and pressure to supply the equipment.
(4) Portable gas explosimeters and gas monitoring equipment.
(b) The Department may waive or modify one or more of the requirements of subsection (a) in the permit if the operator demonstrates to the Department's satisfaction that the requirements are not necessary to protect health and safety, public welfare and the environment.
(c) Equipment and material required by this section shall be tested and maintained so that it is operable in time of emergency.
(d) Adequate space shall be maintained to allow the unobstructed movement of emergency personnel and equipment to operating areas of the facility.
RECORDKEEPING AND REPORTING § 288.281. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that residual waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs. The operator of a captive residual waste facility may maintain a monthly operational record instead of a daily operational record for each month in which residual waste is received, processed or disposed, and each month that construction, monitoring or postclosure activity occurs. The monthly operational record shall contain the information required in subsection (b)(1)--(7).
(b) The operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) The particular grid location of the area currently being used for disposal of solid waste.
(3) A description of waste handling problems or emergency disposal activities.
(4) A record of deviations from the approved design or operational plans.
(5) A record of activities for which entries are needed to comply with the annual operation report required in § 288.283 (relating to annual operation report).
(6) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(7) A record of rejected waste loads, and the reason for rejecting the loads. For noncaptive facilities, the name of the transporter and the name, mailing address and county of the generator shall also be included.
(8) For noncaptive facilities, the following:
(i) The transporters of the waste.
(ii) The name, mailing address, county and state of each generator of residual waste.
(iii) An analysis of the quality and quantity of leachate flowing from the landfill into the leachate storage and treatment system.
(iv) A record of each incident in which radioactive material is detected in waste loads. The record shall include:
(A) The date, time and location of the occurrence.
(B) A brief narrative description of the occurrence.
(C) Specific information on the origin of the material, if known.
(D) A description of the radioactive material involved, if known.
(E) The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.
(F) The final disposition of the material.
(v) 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.
(A) The record shall include:
(I) The gross weight of the vehicle when weighed at the facility.
(II) The registration plate number and home, or base state registration of the vehicle.
(III) The name, business address and telephone number of the owner of the vehicle.
(IV) 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).
(V) The date and time when the vehicle was weighed at the facility.
(B) For purposes of this subparagraph, the following terms shall have the following meanings:
Combination--Two or more vehicles physically interconnected in tandem. An example of a combination is a truck trailer attached to a semitrailer.
Gross weight--The combined weight of a vehicle or combination of vehicles and its load excluding the driver's weight.
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 and monthly 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.
§ 288.283. Annual operation report.
(a) An operator shall submit to the Department an annual operation report by 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. For noncaptive facilities, the report shall include the average daily volume totals computed in accordance with § 288.221 (relating to daily volume).
(2) Unless otherwise provided by the Department in writing, a topographic survey map of the same scale, contour interval and grid system as the original site plans showing the following:
(i) The contours at the beginning and the end of the year.
(ii) The completed areas of the site as well as areas partially filled but not active during the previous year.
(3) A calculation of capacity used in the previous year and remaining permitted capacity.
(4) A description of the acerage used for disposal, the acreage seeded, the acreage that has been vegetated, the acreage where vegetation is permanently established and a narrative of the operator's progress in implementing its closure plan.
(5) 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).
(6) Changes in the previous year concerning the information required by §§ 287.124 and 287.125 (relating to identification of interests; and compliance information). The report shall state if no changes have occurred.
(7) 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.
(8) Notification of critical stages of facility construction or operation that require certification by a registered professional engineer which will occur in the next year.
(9) A written update of the total bond liability for the facility under § 287.331 (relating to bond amount determination). If additional bonding is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.
(10) 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.
(11) For noncaptive facilities, the type and weight or volume of solid waste received from each generator, including the name, mailing address, county and state of each generator.
(12) A record of detected radioactive material.
(c) The annual operation report shall be accompanied by a nonrefundable annual permit administration fee of $4,600 in the form of a check payable to the ''Commonwealth of Pennsylvania.''
(d) The report shall include an evaluation of whether the monitoring plan implemented under this subchapter needs to be revised to comply with § 288.252 (relating to number, location and depth of monitoring points) because of changes in groundwater elevation or other reasons. If this evaluation determines that changes in the approved groundwater monitoring plan are necessary, the operator shall immediately notify the Department and submit an application for permit modification under § 287.222 (relating to permit modification) for necessary changes in the monitoring plan.
CLOSURE PROVISIONS § 288.292. Closure.
(a) The operator shall implement the closure plan approved by the Department under § 288.182 (relating to closure plan).
(b) At least 180 days before implementation of a closure plan, the operator shall review its approved closure plan to determine whether the plan requires modification, and shall submit proposed changes to the Department for approval under § 287.222 (relating to permit modification).
(c) If groundwater degradation exists at closure or occurs after closure, a person shall meet one of the following:
(1) Continue to implement an approved abatement plan.
(2) Submit an application for a closure plan modification in accordance with the procedures for a major permit modification. The operator shall select one or more remediation standards that will be met in accordance with the final closure certification requirements in § 287.342 (relating to final closure certification).
(d) An application for a closure plan modification shall include the following:
(1) Technical information and supporting documentation identifying the remediation activities that will be conducted to meet and maintain the remediation standards.
(2) If a remedy relies on access to or use of properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement.
ADDITIONAL REQUIREMENTS FOR CERTAIN WASTES § 288.301. PCBs.
(a) Solid waste containing PCBs may not be disposed at a residual waste landfill if the disposal of the waste at a municipal waste landfill is prohibited by the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2629).
(b) Electrical transformers that contain or previously contained between 50 and 500 p.p.m. of PCBs may not be disposed until the equipment has been treated to meet either of the following:
(1) The transformer has been drained and rinsed.
(2) Free liquids have been removed from the transformer utilizing oil absorbent materials.
(c) The solvent used to rinse electrical equipment or the oil absorbent materials generated under subsection (b) shall be incinerated or disposed at a facility approved by the EPA under the Toxic Substances Control Act.
(d) The Department may impose additional requirements on the disposal of PCB-containing wastes at a residual waste landfill as the Department deems necessary to protect public health, safety, welfare and the environment.
§ 288.302. Disposal of friable asbestos-containing waste.
(a) Friable asbestos-containing waste shall be covered immediately after deposition with at least 12 inches of nonasbestos containing cover material and compacted in accordance with the permit. Nonfriable asbestos-containing waste shall be covered within 24 hours of placement with at least 6 inches of nonasbestos containing cover material and compacted in accordance with the permit.
(b) Friable asbestos-containing waste may not be stored where residual waste landfill operations are being conducted. If insufficient cover material is available to meet the requirements of subsection (a), friable asbestos-containing waste may not be accepted or received at the facility.
(c) Friable asbestos-containing waste may not be mixed with other waste at the facility prior to being covered.
(d) The operator may not cause or allow visible emissions from areas where friable asbestos-containing waste is handled or disposed.
(e) The operator shall comply with the applicable provisions of 40 CFR 61.140--61.156 (relating to National emission standard for asbestos).
(f) Friable asbestos-containing waste may not be placed within 10 feet of the base of final cover.
(g) The operator shall establish a three dimensional grid or alternate system which can identify the disposal location of the friable asbestos-containing waste. These locations shall be recorded on a log and topographic map.
Subchapter D. ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL WASTE LANDFILLS
ADDITIONAL APPLICATION REQUIREMENTS§ 288.412. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with §§ 288.431--288.440 (relating to additional operating requirements--liner system), including the following:
(1) The design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone, and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial lift of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial lift of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner's ability to restrict the flow of solid waste, solid waste constituents or leachate, based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives in writing one or more of the following for nonsynthetic secondary liners, these properties include:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength--% of liner strength.
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction.
(14) Stress crack resistance.
(15) Oxidative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
ADDITIONAL OPERATING REQUIREMENTS--GENERAL § 288.422. Areas where Class I residual waste landfills are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, Class I residual waste landfills may not be operated as follows:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional value wetland.
(3) In or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following is true:
(i) If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(ii) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(4) In coal bearing areas underlain by recoverable or mineable coals unless the permittee owns the underlying coal.
(5) In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.
(6) In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet in thickness and present at the topmost geologic unit. The areas include an area mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of sinkhole development and sinkhole-prone limestone and carbonate formations.
(7) If occupied dwellings are nearby, the following apply:
(i) Except as provided in subparagraphs (ii) and (iii), a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in subparagraphs (ii) and (iii), the disposal area of a residual waste landfill may not be within 500 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(ii) For a permitted noncaptive residual waste landfill that was operating and not closed as of January 13, 2001, an expansion permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:
(A) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(B) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before January 13, 2001, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(iii) A new, noncaptive residual waste landfill, permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed, noncaptive landfill that submits an application to reopen and expand shall also be subject to this paragraph.
(iv) Notwithstanding the prohibitions in subparagraphs (ii) and (iii), an access road to a residual waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(8) Within 100 feet of a perennial stream unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(9) Within 100 feet of a property line, unless one of the following applies:
(i) Actual disposal will not occur within that distance.
(ii) The owner has provided a written consent to the facility being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(10) Within 1/4 mile upgradient and within 300 feet downgradient of a private or public water source, for disposal, processing and storage areas, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator's expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.
(iii) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.
(11) If the facility receives or proposes to receive putrescible waste the following apply:
(i) Within 10,000 feet--or 3,048 meters--of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.
(ii) Within 5,000 feet--or 1,524 meters--of an airport runway that is or will be end used by piston-type aircraft during the life of disposal operations under the permit.
(iii) For areas permitted on or after January 13, 2001, in a manner in which any portion of the landfill would be an obstruction to air navigation under 14 CFR 77.23(a)(5) (relating to standards for determining obstructions).
(12) If a school, park or playground is nearby, the following apply:
(i) Except for an expansion of a noncaptive residual waste landfill permit issued prior to January 13, 2001, for a noncaptive residual waste landfill permit issued on or after January 13, 2001, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) The Department may waive or modify one or more of the isolation distances in subsection (a)(1), (5), (7), (8) and (10) for expansions of captive facilities if the operator of the captive facility demonstrates the following to the Department's satisfaction:
(1) The captive facility was permitted prior to July 4, 1992, or was permitted after July 4, 1992, if the Department determined the permit application for the facility to be administratively complete prior to July 4, 1992.
(2) The captive facility routinely and regularly disposed of residual waste on and after July 4, 1992.
(3) The expansion of the captive facility solely includes land which is contigous to the captive facility.
(4) The expansion of the captive facility solely includes land which is owned by the applicant on July 4, 1992.
(5) No other site is available on contiguous land for the expansion of the captive facility.
(6) The expansion of the captive facility will be designed and operated to ensure that the facility does not harm public health, safety, welfare or the environment.
* * * * * § 288.423. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class I residual waste landfill unless the waste meets the following criteria:
(1) Neither the residual waste nor leachate from the waste will adversely affect the ability of the liner system to prevent groundwater degradation.
(2) Leachate generated from the residual waste will be treated by the facility's leachate treatment system under applicable laws and in a manner that will protect public health, safety and the environment.
(3) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility in a manner that will adversely affect the ability of the liner system to prevent groundwater degradation.
(4) Except to the extent that leachate recirculation is allowed in the permit, residual waste may not be bulk or noncontainerized liquid waste. Containers holding free liquids may not be accepted unless the container is less than 1 gallon in size, except as otherwise provided in the permit.
(5) The residual waste may not be allowed to react, combine or otherwise interact with other waste or materials in a way that endangers public health, safety and welfare or the environment by generating extreme heat or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The potential for interaction shall be determined using the procedure in the EPA's ''A Method for Determining the Compatibility of Hazardous Wastes'' (EPA-600/2-80-076)--available through the Department or the National Technical Information Service (NTIS), United States Department of Commerce, Springfield, VA. 22161--or another equivalent method approved by the Department in the permit.
(6) The physical characteristics of this waste will not cause or contribute to structural instability or other operating problems at the site.
(b) A person or municipality may not dispose of municipal waste or special handling waste at a Class I residual waste landfill, except that the Department may, in the permit, approve the storage or disposal of the following types of waste generated by the operator:
(1) Industrial lunchroom or office waste.
(2) Special handling waste, other than sewage sludge, infectious or chemotherapeutic waste, waste oil or ash residue from the incineration of municipal waste.
(3) Construction/demolition waste.
(c) A person or municipality may not dispose of hazardous waste at a Class I residual waste landfill unless all of the following are met:
(1) Disposal of the waste at a residual waste landfill is authorized by Article VII (relating to hazardous waste management).
(2) The Department approves of the disposal of the waste at the residual waste landfill in the permit.
(d) A person or municipality may not dispose of solid waste at a Class I residual waste landfill if the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2629) prohibits the disposal of the solid waste at the residual waste landfill.
ADDITIONAL OPERATING REQUIREMENTS--LINER SYSTEM § 288.432. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high water table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high water table.
(2) Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by a public or private water supply, even if a replacement supply is available under § 288.245 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping, french drains or equivalent methods.
(b) For unconfined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table. The regional groundwater table may not be artificially lowered.
(c) For confined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(d) If the approved design plans provide for the placement of additional adjacent liner, the following apply:
(1) Waste may not be placed within 25 feet of an edge of the liner.
(2) The edge of the liner shall be protected by approved soil cover, or another material approved in the permit, until additional liner is added.
(3) A lined berm at least 4 feet high shall be constructed and maintained to prevent the lateral escape of leachate.
(4) Adequate spacing shall be maintained on the inside of the berm to collect stormwater and sediment.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 15 feet of the inside top of the lined perimeter berm.
(f) A lined perimeter berm at least 4 feet high shall be constructed and maintained along the edge of the lined disposal area to prevent the lateral escape of leachate.
(g) The edge of the liner shall be clearly marked.
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