NOTICES
Availability of General Permit for Processing/Beneficial Use of Nonliquid Spent Mushroom Substrate (WMGR100)
[35 Pa.B. 4975] The Department of Environmental Protection (Department) has issued General Permit WMGR100 for the processing (transfer, composting, storage) and beneficial use of nonliquid spent mushroom substrate. This general permit authorizes the transfer and composting, prior to beneficial use, of spent mushroom substrate and, where applicable, the management of the resulting wastewater through the construction and operation of wastewater storage and land application. This is a Statewide general permit. This general permit is issued under the authority of the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), The Clean Streams Law (35 P. S. §§ 691.1--691.1001), sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and the regulations implementing the laws.
Under the terms and conditions of the residual waste general permit, persons who are permitted to transfer and compost, and beneficially use the compost produced, will be required to meet, at a minimum, the following: compliance with The Clean Streams Law, compliance with the Solid Waste Management Act and conformance with isolation distances and conservation plans.
The Department is authorized under the Solid Waste Management Act and 25 Pa. Code § 287.611 (relating to authorization for general permit) to issue general permits for any category of beneficial use or processing that results in the beneficial use of residual waste on a Statewide basis when the Department determines that the use will not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions. The Department has determined spent mushroom substrate transfer and composting can be adequately regulated using standard conditions.
Persons operating under and in compliance with an approved Mushroom Farm Environmental Management Plan (MFEMP) prior to the effective date of this general permit shall submit an application to register under this general permit within 180 days after the effective date of this general permit, unless otherwise approved in writing by the authorized conservation district in the county where the facility is located. Persons that propose to operate under the terms and conditions of this general permit after the effective date of this general permit shall submit an application to register under this general permit to the authorized conservation district in the county where the facility will be located at least 45 days prior to constructing or otherwise operating a facility in accordance with this general permit. The following minimum information will be required to be submitted on forms provided by the Department to register:
a. Name and address of the applicant.
b. Name and location of the facility/generators of the waste.
c. Number and title of the general permit
d. Proof that proposed transfer and composting activities are consistent with the general permit.
e. A signed statement accepting all conditions of the general permit.
f. A MFEMP approved by the Department or an authorized county conservation district.
g. Proof of municipal notification.
h. Proof of identification of interests.
i. Compliance history information.
j. An application fee in the amount required under 25 Pa. Code § 287.643(b) (relating to registration) made payable to the ''Commonwealth of Pennsylvania.''
k. An irrevocable written consent from the landowner giving the Department permission to enter upon land where the applicant will conduct transfer and composting activities.
l. A copy of the facility's Preparedness, Prevention and Contingency Plan.
m. Proof that a Pennsylvania Natural Diversity Inventory review of the facility has been completed.
The notice for public comment on the proposed General Permit WMGR100 was published at 34 Pa.B. 4075 (July 31, 2004) with a 60-day public comment period, which concluded on September 29, 2004. There were two commentators to the proposal, and the comments have been addressed in a comment and response document.
A copy of General Permit WMGR100, including the comment and response document, is available from the Bureau of Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381, parnt@state.pa.us. A copy of General Permit WMGR100 is also available on the Department's website at www.dep.state.pa.us (DEP Keyword: DEP Waste Management).
This general permit was issued on August 27, 2005, and will expire at 12 a.m. on August 27, 2015.
KATHLEEN A. MCGINTY,
Secretary
[Pa.B. Doc. No. 05-1642. Filed for public inspection September 2, 2005, 9:00 a.m.]
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