[31 Pa.B. 235]
[Continued from previous Web Page] § 289.435. Leachate detection zone.
(a) The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:
(1) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements. The leachate detection zone shall:
(1) Be at least 12 inches thick.
(2) Contain no material exceeding 0.5 inches in particle size.
(3) Create a flow zone between the secondary liner and the primary liner equal to, or more permeable, than 1.0 × 10-2 cm/sec., based on a laboratory testing and, when required by the Department, field testing.
(4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump, and shall be of a sufficient size to transmit leachate that is generated.
(5) The piping system shall also meet the following requirements:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater, as specified by ASTM, or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
(6) The leachate detection zone shall have a minimum bottom slope of 2%.
(7) Contain noncarbonate stones or aggregate with no sharp edges.
(c) The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.
(d) If liquid is flowing from the leachate detection zone, the operator shall immediately do the following:
(1) Notify the Department in writing.
(2) Estimate on a weekly basis, the volume of liquid flowing from the zone.
(3) Sample and analyze the liquid quarterly, unless a more frequent basis is required by the Department, for pH, specific conductivity, total organic carbon, chlorides and other parameters specified in the permit. The Department may also require sampling and analysis for other constituents expected to be found in the waste.
(4) Provide written copies of flow and analysis data to the Department.
(e) If leachate flow is greater than 100 gallons per acre of lined collection area per day, or more than 10% of leachate generation, the operator shall:
(1) Submit to the Department within 30 days a plan for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.
(2) Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.
(3) Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data and recommendations concerning a remedial plan.
(4) Conduct quarterly sampling and analysis for the parameters in § 289.264(a)(1) (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.
(f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation at a monitoring well, the operator shall:
(1) Submit a remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in the liner system, and implement the plan upon Department approval.
(2) Submit a permit modification application under § 287.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.
§ 289.436. Primary liner.
(a) Requirements. The primary liner shall meet the following requirements:
(1) The primary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the primary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The primary liner shall be resistant to physical failure, chemical failure and other failure from the properties identified under § 289.161 (relating to impoundment plan).
(4) The primary liner shall cover the bottom and sidewalls of the facility.
(b) Design requirements. Unless alternative design standards to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the primary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Specifications. A primary liner shall be:
(1) No more permeable than 1.0 × 10-7 cm/sec., based on laboratory testing.
(2) Installed, if the liners are synthetic, according to the manufacturer's specifications under the supervision of an authorized representative of the manufacturer. The approved quality control program shall be implemented in the field during the installation of the liner.
(3) Inspected for uniformity, damage and imperfections during construction or installation.
(d) Composite primary liner.
(1) If the operator does not design, construct, operate and maintain a composite secondary liner, the operator shall design, construct, operate and maintain a composite primary liner which has the following characteristics:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirement of § 289.434 (relating to secondary liner) independently of the upper component, except that the composite component may not be more permeable than 1.0 × 10-6 cm/sec., based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact between them.
(3) The use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner under § 289.434.
(e) Clay or earthen material prohibited. Except as provided in subsection (d), a facility or component thereof that is subject to this section may not have a primary liner made of clay or earthen material or a primary liner based upon natural attenuation of leachate.
§ 289.438. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system.
(2) Withstand chemical attack from leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements.
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of a sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule-80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection system shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
(c) The Department may, in the permit, authorize the operator to delay activation of the leachate collection system until closure if the following are met:
(1) The impoundment is designed so that liquid covers waste during the active life of the facility.
(2) Wastes disposed at the impoundment are free draining.
(3) Solidification is solely dependent on gravity drainage.
(4) Test data or historical information, or both, from impoundments that received similar wastes show that the requirements of § 289.212(b) (relating to waste solidification) will be met 2 years after waste disposal ceases.
ADDITIONAL OPERATING REQUIREMENTS-- LEACHATE TREATMENT § 289.454. Leachate recirculation.
(a) In conjunction with the treatment methods in §§ 289.452 and 289.453 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(6) The leachate will not interfere with the solidification of waste at the impoundment.
(b) An alternate leachate recirculation method may be used if approved by the Department.
§ 289.455. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with §§ 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 289.413 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standard in § 289.438(a)(1) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under § 289.413 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with the requirements in § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
§ 289.456. Leachate analysis and sludge handling.
(a) Upon commencement of leachate flow from the facility, the operator shall sample, analyze and maintain a record of the following:
(1) On a daily basis, the average flow rate and volume of leachate flowing from the disposal impoundment into the leachate storage and treatment system.
(2) On a quarterly basis unless otherwise provided in the permit, the chemical composition of leachate flowing into the leachate treatment system. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of this analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent leachate quality.
(b) Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).
Subchapter E. ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
ADDITIONAL APPLICATION REQUIREMENTS § 289.512. Liner system and leachate control plan.
* * * * * (c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner's ability to restrict the flow of solid waste, solid waste constituents or leachate based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed liner, based on ASTM methods when appropriate. These properties shall include, at a minimum:
(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 § 289.522. Areas where Class II residual waste disposal impoundments are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, Class II residual waste disposal impoundments may not be operated as follows:
* * * * * (4) In coal bearing areas underlain by recoverable or mineable coals, unless the permittee owns the underlying coal.
* * * * * (7) If occupied dwellings are nearby, the following apply:
(i) Except as provided in subparagraphs (ii) and (iii), a residual waste disposal impoundment 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 subsections (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 disposal impoundment 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 disposal impoundment, 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 disposal impoundment 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 disposal impoundment 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.
* * * * * (10) For disposal, processing and storage areas, within 1/4 mile upgradient, and within 300 feet downgradient, of a private or public water source, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator's expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.
(iii) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.
(11) If the facility receives or proposes to receive putrescible waste:
(i) Within 10,000 feet--or 3,048 meters--of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.
(ii) Within 5,000 feet--or 1,524 meters--of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.
* * * * * (iii) For areas permitted on or after January 13, 2001, in a manner in which any portion of the impoundment 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 disposal impoundment permit issued prior to January 13, 2001, for a noncaptive residual waste disposal impoundment permit issued on or after January 13, 2001, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) The Department may waive or modify one or more of the isolation distances in subsection (a)(1), (5), (7), (8) and (10) for expansions of captive facilities if the operator of the captive facility demonstrates the following to the Department's satisfaction:
(1) The captive facility was permitted prior to July 4, 1992, or was permitted after July 4, 1992, if the Department determined the permit application for the facility to be administratively complete prior to July 4, 1992.
(2) The captive facility routinely and regularly disposed of residual waste on and after the effective date of these regulations.
(3) The expansion of the captive facility solely includes land which is contiguous to the captive facility.
(4) The expansion of the captive facility solely includes land which is owned by the applicant on July 4, 1992.
(5) No other site is available on contiguous land for the expansion of the captive facility.
(6) The expansion of the captive facility will be designed and operated to ensure that the facility does not harm public health, safety, welfare or the environment.
* * * * * § 289.523. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class II residual waste disposal impoundment unless the waste meets the following criteria:
(1) The residual waste may not be of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132 (relating to chemical analysis of waste), and approved by the Department, exceeds 50 times the waste classification standard for that contaminant. If analytical quantification limits prevent determination of the acceptability of a residual waste under this paragraph, the Department may consider the total analysis of the waste as well as the physical and chemical characteristics of the contaminant in making a determination of acceptability of the waste at the facility.
(2) Notwithstanding the limitation in paragraph (1), the Department may authorize the disposal of residual waste at a monofill if the waste is of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132, exceeds 50 times the SMCL for that contaminant if the SMCL is the waste classification standard for the contaminant. The Department may authorize the disposal of the waste only upon a demonstration that disposal of the waste at the facility will not cause groundwater degradation that exceeds the SMCL for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for the contaminant.
* * * * * (4) The Department may authorize a facility which disposes of a waste in accordance with a permit under this article to continue to dispose of the waste at the facility although a waste classification standard for a contaminant has been changed so that the waste would no longer meet the criteria for disposal of the waste at the facility under paragraph (1), if the operator of the facility demonstrates to the Department's satisfaction that disposal of the waste will not cause groundwater degradation that exceeds the waste classification standard for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for a contaminant.
* * * * * (11) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.
* * * * *
ADDITIONAL OPERATING REQUIREMENTS-- LINER SYSTEM § 289.532. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high 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 § 289.255 (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 an 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.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 4 feet of an edge of the liner.
(f) The edge of the liner shall be clearly marked.
§ 289.534. Leachate detection zone.
* * * * * (b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements. The leachate detection zone shall:
* * * * * (4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump and shall be of a sufficient size to transmit leachate that is generated. The piping system shall also meet the following requirements:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater as specified by ASTM or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
* * * * * (e) If leachate flow is greater than 100 gallons per acre of lined collection area per day, or more than 10% of leachate generation the operator shall do the following:
* * * * * (f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation, the operator shall submit the following to the Department:
(1) A remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in that liner system, and implement the plan upon Department approval.
* * * * * § 289.535. Liner.
* * * * * (b) Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the liner shall meet, at the minimum, the requirements of Appendix A, Table II (relating to minimum liner design standards).
(c) Requirements. A liner shall meet the following standards. A liner shall include:
(1) An upper component made of a manufactured geosynthetic liner that meets the following requirements independently of the composite component:
* * * * * (2) A composite component made of earthen material that meets the following requirements independent of the upper component:
(i) The composite component is no more permeable than 1.0 × 10-6 cm/sec., based on laboratory testing and field testing.
(ii) The composite component is designed, installed and maintained according to a quality assurance and quality control plan approved by the Department.
(iii) The composite component is inspected for uniformity, damage and imperfections during construction and installation.
(iv) The composite component shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
* * * * * § 289.537. Leachate collection system within protective cover.
* * * * * (b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements.
* * * * * (4) The leachate collection system shall contain stones or aggregates.
* * * * *
ADDITIONAL OPERATING REQUIREMENTS-- LEACHATE TREATMENT § 289.554. Leachate recirculation.
(a) In conjunction with the treatment methods in §§ 289.552 and 289.553 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following conditions exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(6) The leachate will not interfere with the solidification of waste at the impoundment.
(b) An alternate leachate recirculation method may be used if approved by the Department.
§ 289.555. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with §§ 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 289.513 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standards in § 289.537(a)(1) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. A leachate treatment or handling system approved by the Department under § 289.513 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
APPENDIX A
TABLE I
MINIMUM LINER DESIGN STANDARDS
Minimum Field Liner Density Thickness (Units (Tests as Liner Material Function as Specified) Specified) Remarks
Geosynthetics Primary or Secondary Liner 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 mil. Geosynthetics Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. Natural & Remolded Clay Secondary Liner, Cap,
Composite Component2 feet
2 feet
1 foot>=90%*
>=90%*
>=90%*1. Minimum of 30% fines by weight less than 0.074 mm particle size (#200 sieve).
2. Plasticity Index greater than or equal to 10.
3. No coarse fragments greater than 3/4 inch in diameter.Sodium bentonite & Bentonite-like materials/soil mixtures Secondary Liner, Cap,
Composite Component2 feet
2 feet
1 foot>=90%*
>=90%*
>=90%*1. Minimum of 8% powdered sodium bentonite or manufacturer's recommendations, whichever is greater.
2. No coarse fragments greater than 3/4 inch in diameter.
3. No organic matter.
4. Coarse fragment content (those materials greater than 4.76 mm. in diameter) shall not exceed 10% by weight.Geosynthetic clay liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite per square foot. * Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
TABLE II
MINIMUM LINER DESIGN STANDARDS
Minimum Field Liner Density Thickness (Units (Tests as Liner Material Function as Specified) Specified) Remarks Geosynthetics Liner Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 mil. Natural & Remolded Clay Cap,
Composite Component2 feet
1 foot>=90%*
>=90%*1. Minimum of 30% fines by weight less than 0.074 mm particle size (#200 sieve).
2. Plasticity Index greater than or equal to 10.
3. No coarse fragments greater than 3/4 inch in diameter.
Sodium bentonite & Bentonite-like materials/soil mixtures Cap,
Composite Component2 feet
1 foot>=90%*
>=90%*1. Minimum of 8% powdered sodium bentonite or manufacturer's recommendations, whichever is greater.
2. No coarse fragments greater than 3/4 inch in diameter.
3. No organic matter.
4. Coarse fragment content (those materials greater than 4.76 mm. in diameter), shall not exceed 10% by weight.Geosynthetic Clay Liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite per square foot. * Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
CHAPTER 291. LAND APPLICATION OF RESIDUAL WASTE
Subchapter B. GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE § 291.101. General.
(a) An application for the land application of residual waste shall:
(1) Comply with this subchapter.
(2) Comply with the additional application requirements that are specifically applicable to the particular type of operation that is proposed.
(3) Comply with the applicable requirements of Chapter 287 (relating to residual waste management--general provisions).
(4) Be considered an application for agricultural utilization or land reclamation.
(b) An application shall demonstrate how the applicant plans to comply with Subchapter C (relating to general operating requirements for the land application of residual waste), as well as additional operating requirements in this chapter that are specifically applicable to the particular type of operation that is proposed.
§ 291.102. Operating plan.
An application shall contain a narrative description explaining the following:
(1) Whether the proposed operation is for agricultural utilization or land reclamation of residual waste.
(2) The general operating plan for the proposed operation, including the proposed life of the operation, and the origin and weight or volume of residual waste that is proposed to be applied during the operation.
(3) The proposed application rate per acre, which shall be consistent with the applicable Departmental guidelines for the proposed operation, and the dates when the applicant proposes to apply residual waste.
(4) An analysis of the effect of the proposed operation and loading rates over the lifetime of the facility on air, water, vegetation and other natural resources.
(5) The method by which residual waste will be applied and incorporated into soil.
(6) The equipment to be used for site preparation, land application of residual waste, residual waste incorporation into the soil when incorporation is required, and seeding.
(7) The use that will be made of the proposed permit area after residual waste application has permanently ceased.
(8) The nuisance control plan to prevent health hazards or nuisances.
§ 291.103. Maps and related information.
(a) An application shall contain a topographic map on a scale in which 1 inch equals no more than 400 feet, including necessary narrative descriptions, which show the following:
(1) The boundaries and the names of the present owners of record of the land, including easements, rights-of-way and other property interests, for the proposed permit area and adjacent areas; and a description of all title, deed or usage restrictions affecting the proposed permit area.
(2) The boundaries and the names of the present owners for the proposed permit area and adjacent area.
(3) The boundaries of the land where residual waste will be applied over the estimated total life of the proposed operation, including the boundaries of land that will be affected in each sequence of land application activity.
(4) The boundaries of land where residual waste will be stored at various times over the estimated total life of the proposed operation.
(5) The location and name of public and private water sources and wells within the isolation distances in § 291.202 (relating to areas where the land application of residual waste is prohibited).
(6) Municipalities in which the permit area is proposed to be located.
(7) The location and type of existing or proposed erosion control devices.
(8) Surface waters in the proposed permit area and adjacent area, as required by § 291.106 (relating to surface water information).
(b) An application shall contain a United States Department of Agriculture Soil Conservation Service soils map, or aerial photographs if current soils maps are unavailable, which shows the location and types of soils within the proposed permit area and adjacent area.
Subchapter C. GENERAL OPERATING REQUIREMENTS FOR THE LAND
APPLICATION OF RESIDUAL WASTE
GENERAL § 291.201. General provisions.
(a) A person or municipality may not own or operate a land application facility for residual waste unless the Department has issued a permit to that person or municipality under this chapter.
(b) A person or municipality that owns or operates a land application facility for residual waste shall comply with the following:
(1) The act, this subchapter and the additional operating requirements for the specific type of operation that are in Subchapter D or E (relating to additional requirements for the agricultural utilization of residual waste; and additional requirements for land reclamation).
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(3) The Department guidelines for land application.
(4) If a component of the residual waste contains human waste, the pathogen and vector attraction reduction requirements in Chapter 271, Subchapter J (relating to beneficial use) shall be met in addition to the operating requirements of this chapter.
(c) Municipal waste and hazardous waste may not be stored, processed or disposed at the facility.
(d) Residual waste may not be applied to the land if it is likely to adversely affect a Federal or Pennsylvania threatened or endangered species, or its designated critical habitat, identified pursuant to the Endangered Species Act (16 U.S.C.A. §§ 1531--1544), 30 Pa.C.S. § 2305 (relating to threatened and endangered species) or 34 Pa.C.S. § 2167 (relating to endangered or threatened species).
(e) Residual waste may not be applied to a site that is flooded, frozen, or snow-covered, except as expressly provided in the permit.
§ 291.202. Areas where the land application of residual waste is prohibited.
(a) Except for areas permitted by the Department prior to the effective date of these regulations, the land application of residual waste may not be conducted as follows:
(1) Within 100 feet of an intermittent or perennial stream.
(2) Within 300 feet of a water source unless the current owner of this water source has provided a written waiver consenting to the activities closer than 300 feet. This paragraph does not apply to features that may come into existence after the dates upon which adjacent landowner notification is given under § 287.151(b) (relating to public notice by applicant).
(3) Within 100 feet of a sinkhole.
(4) In or within 100 feet of an exceptional value wetland.
(5) Within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the activities closer than 300 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.
(b) The Department may waive the isolation distances in this section for areas that were included in the permit area of a permit application that was determined by the Department to be administratively complete before July 4, 1992.
§ 291.203. Limitations on land application of residual waste.
(a) Residual waste may not be applied to land where the regional groundwater table is less than 3.3 feet from the surface.
(b) Residual waste may not be disposed or applied so as to adversely affect the soil or food chain, cause odors or allow vectors.
(c) Prior to land application, residual waste shall be treated or stabilized if it has potential to cause odors or other adverse environmental effects.
(d) Unless otherwise approved by the Department in writing, residual waste may not be applied to land where root vegetables or vegetables which are eaten raw are grown or will be grown.
(e) Residual waste shall be applied to the soil surface or incorporated in a manner that prevents ponding or standing accumulations of liquid or residual waste.
(f) A person or municipality may not use spray irrigation equipment to apply residual waste unless the person has demonstrated to the Department in the permit application that the equipment will not cause aerosol transport offsite, and the Department has approved the equipment as part of the permit.
(g) Livestock may not be allowed to graze on areas where the residual waste is visible on the vegetation or the surface of the ground, unless otherwise approved by the Department in writing.
§ 291.205. Erosion control.
(a) The operator shall manage surface water and control erosion and sedimentation to meet the applicable requirements of Chapter 102 (relating to erosion and sediment control).
(b) For land reclamation, rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted when rills or gullies deeper than 9 inches form in areas where residual waste has been applied or stored.
(c) For agricultural utilization, rills and gullies shall be filled, graded or otherwise stabilized and, when necessary, the area reseeded or replanted, when rills or gullies deeper than 3 inches form in areas where residual waste has been applied or stored.
(d) Rills or gullies of lesser size shall be stabilized and the area reseeded or replanted if the rills or gullies may result in additional erosion, sedimentation or pollution.
§ 291.207. Water supply replacement.
(a) An operator which adversely affects a water supply by degradation, pollution or other means shall restore the affected supply at no additional cost to the owner or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner.
(b) A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(c) A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(d) Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.
§ 291.209. (Reserved).
§ 291.210. Nuisance minimization and control.
(a) The operator shall control and minimize the attraction, harborage or breeding of vectors.
(b) The operator shall also control and minimize conditions not otherwise prohibited by this subchapter that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
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