[27 Pa.B. 521]
[Continued from previous Web Page]
APPENDIX A
PATHOGEN TREATMENT PROCESSES A. Processes to significantly reduce pathogens (PSRP)
1. Aerobic Digestion--Sewage sludge is agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 68°F (or 20°C) and 60 days at 59°F (or 15°C).
2. Air Drying--Sewage sludge is dried on sand beds or on paved or unpaved basins. The sewage sludge dries for a minimum of 3 months. During 2 of the 3 months, the ambient average daily temperature is above 32°F (or 0°C).
3. Anaerobic Digestion--Sewage sludge is treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 95° to 131°F (or 35° to 55°C) and 60 days at 68°F (or 20°C).
4. Composting--Using either the within-vessel, static aerated pile, or windrow composting methods, the temperature of the sewage sludge is raised to 104°F (or 40°C) or higher and remains at 104°F (or 40°C) or higher for 5 days. For 4 hours during the 5 days, the temperature in the compost pile exceeds 131°F (or 55°C).
5. Lime Stabilization--Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after 2 hours of contact.
B. Processes to further reduce pathogens (PFRP)
1. Composting--Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 131°F (or 55°C) or higher for 3 days.
Using the windrow composting method, the temperature of the sewage sludge is maintained at 131°F (or 55°C) or higher for 15 days or longer. During the period when the compost is maintained at 131°F (or 55°C) or higher, there shall be a minimum of five turnings of the windrow.
2. Heat Drying--Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10% or lower. Either the temperature of the sewage sludge particles exceeds 176°F (or 80°C) or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 176°F (or 80°C).
3. Heat Treatment--Liquid sewage sludge is heated to a temperature of 356°F (or 180°C) or higher for 30 minutes.
4. Thermophilic Aerobic Digestion--Liquid sewage sludge is agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the sewage sludge is 10 days at 131° to 140°F (or 55° to 60°C).
5. Beta Ray Irradiation--Sewage sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (CA. 68°F or 20°C).
6. Gamma Ray Irradiation--Sewage sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (CA. 68°F or 20°C).
7. Pasteurization--The temperature of the sewage sludge is maintained at 158°F (or 70°C) or higher for 30 minutes or longer.
CHAPTER 272. MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
Subchapter C. MUNICIPAL WASTE PLANNING § 272.252. Development of plan revisions.
(a) A county shall provide written notice to the Department when plan revision development begins. The notice shall describe the proposed plan revisions the county intends to undertake.
(b) Within 30 days after receipt of written notice submitted under subsection (a), the Department will notify the county if it determines the proposed revision is substantial.
(c) A county submitting a plan revision shall comply with:
(1) Sections 272.221--272.233 (relating to plan content), to the extent changes from the approved plan are proposed.
(2) Sections 272.201 and 272.204 (relating to purposes; and format of plans).
(3) Section 272.203 (relating to notice to municipalities). At least 30 days before submitting a proposed, nonsubstantial plan revision to the Department, the county shall submit a copy of the proposed revision to the advisory committee and each municipality within the county. Nonsubstantial plan revisions will be deemed approved within 30 days of receipt by the Department unless the Department responds in writing.
(d) If the Department determines that the plan revision is substantial, the county shall also:
(1) Comply with §§ 272.202, 272.241--272.243 and 272.245.
(2) Identify and describe the facilities where municipal waste is currently being disposed or processed, and the remaining available permitted capacity of the facilities. The plan revision shall also consider the capacity which could be made available through the reasonable expansion of the facilities.
(e) For purposes of this section, substantial plan revisions shall include, but not be limited to:
(1) The designation of an additional resource recovery facility or municipal waste landfill.
(2) The elimination of a recycling program, contained in a county plan and operating in a county resulting in reduced volume of recycling.
(3) The deletion of a designated resource recovery or disposal facility by a county. The deletion will not be considered a substantial revision if the deletion occurs as a result of failure to secure necessary contracts as long as adequate disposal capacity remains to implement the plan.
(4) The addition of municipal waste streams not originally included in the plan.
Subchapter D. GRANTS
GENERAL PROVISIONS FOR AWARDING GRANTS § 272.315. Limits on Department's authority to award grants.
(a) Grant agreements that have been entered into under § 272.321, § 272.331 or § 272.381 (relating to scope of grant) shall terminate within 2 years after the grant funds have been encumbered. Upon written request from the grantee, the Department may extend the agreement termination date by up to 3 months. Lapsed funds will be returned to the Recycling Fund for distribution to applicants in subsequent grant periods.
(b) If grant funds offered for grants under § 272.231, § 272.331 or § 272.381 are not accepted by the applicant within 1 year of offering, the offered funds will be returned to the Recycling Fund for distribution to applicants in subsequent grant periods.
(c) A subcontract for a grant under this subchapter shall be made available to the Department within 10 days of request. A subcontract for 50% or more of the total grant award shall be submitted to the Department. The value of salaries or in-kind services that will be used as a match shall be included in the grant agreement.
(d) A subcontract for a grant under this chapter shall be consistent with Commonwealth procedures and requirements for contracts.
(e) The Department may withhold payments of at least 10% of each grant under this subchapter until the grantee has demonstrated to the Department's satisfaction that the requirements of this subchapter have been met.
(f) The Department will not award a grant for anything that has not been included in a grant application or is not proposed to be used for the same limited purpose as an item included in a grant application.
(g) Nothing in this section prevents the Department from offering returned or lapsed funds to a grantee or under a grant under this subchapter that differs from the original grantee or type of grant.
PERFORMANCE GRANTS FOR RECYCLING PROGRAMS § 272.353. Grant application.
(a) The application shall contain a description of the weight of each material recycled and marketed, and the name and mailing address of each market. The weight shall be reduced for any residue materials.
(b) The application shall be supported by documentation which includes weigh slips or receipts verifying the materials claimed as recycled and marketed and:
(1) The supporting documentation shall be retained by the applicant for 4 years from the end date of the year the materials were recycled and marketed.
(2) The supporting documentation shall be made available to the Department, the Office of Attorney General, the Office of the Treasurer or the agents of those offices.
(c) If the application involves a recycling operation that serves more than one municipality, the application shall describe the total weight and type of materials collected by the operation, and the applicant's contribution.
CHAPTER 273. MUNICIPAL WASTE LANDFILLS
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 273.202. Areas where municipal waste landfills are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, a municipal waste landfill may not be operated as follows:
* * * * * (2) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).
* * * * * (13) Within 1/4-mile upgradient, and within 300 feet or 91.4 meters downgradient, of a private or public water source.
* * * * * (c) Except for areas that were permitted prior to January 25, 1997, a municipal waste landfill may not be operated as follows:
(1) 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.
(2) 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.
(d) The current property owner under subsection (b) in which a new facility is proposed may waive the 300-yard prohibition by signing a written waiver. Upon 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.
(e) The Department may waive or modify the isolation distance in subsection (a)(13) if the operator demonstrates and the Department finds, in writing, that:
(1) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(2) 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 becomes polluted or degraded.
(3) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for public or private water sources in the isolation area.
(f) Except as provided in subsection (e), this section does not apply to features that may come into existence after the date of the first newspaper notice of the filing of a permit application under § 271.141 (relating to public notice by applicant).
(g) This section does not apply to features that may come into existence after the date of the first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a notice of intent to file an application for a municipal waste landfill permit. The notice, which is separate from the newspaper notice required by § 271.141, shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the area where the facility is proposed to be located. The notice shall include a brief description of the location and proposed operation of the facility.
(2) The person or municipality files an administratively complete application under § 271.202 (relating to completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.
COVER AND REVEGETATION § 273.232. Daily cover.
(a) Except as provided in subsection (b), a uniform cover of the approved daily cover material shall be placed on exposed solid waste at the end of each working day, at the end of every 24 hours or at the completion of every lift, whichever interval is less.
(b) The composition of the daily cover material shall meet the following performance standards. The daily cover shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(c) Unless alternative design requirements to meet the performance standards in subsection (b) are approved as part of the permit under § 271.231 (relating to equivalency review procedure), daily cover shall meet the following design requirements:
(1) The cover shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam, as defined in the Soil Survey Manual published by the United States Department of Agriculture, Soil Conservation Service (available from the Department of the Northeast National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092).
(2) At least 40% by weight of the cover soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.
(3) The combustible or coal content of the cover may not exceed 12% by weight.
(4) The cover may not include rock fragments that are greater than 6 inches in diameter.
(5) The layer of cover soil shall be a minimum of 6 inches thick.
(6) The layer of cover soil shall be compacted.
(d) A 5-day supply of cover material shall be maintained on the site.
(e) Areas on which intermediate cover has been placed, and on which neither waste nor final cover is placed within 30 days thereafter, shall be temporarily revegetated and otherwise protected against erosion and sedimentation under § 273.235 and other applicable requirements.
(f) Intermediate slopes constructed during daily landfilling activities may not exceed 50%. Intermediate slopes shall be covered, compacted within 1 foot of intermediate cover material and revegetated to control erosion.
§ 273.233. Intermediate cover and slopes.
(a) A uniform and compacted intermediate cover of at least 12 inches in thickness shall be placed within 7 days of waste disposal on the following:
(1) Each partial lift for which the operator intends to place no additional waste for 6 months.
(2) Each partial or completed lift that represents final permitted elevations for that part of the facility.
(3) Each completed lift.
(b) The composition of the intermediate cover material shall meet the following performance standards. The intermediate cover shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(5) Be capable of supporting the germination and propagation of vegetative cover as required by §§ 273.235 and 273.236 (relating to revegetation; and standards for successful revegetation).
(c) Unless alternative design requirements to meet the performance standards in subsection (b) are approved as part of the permit under § 271.231 (relating to equivalency review procedure), intermediate cover shall meet the following design requirements:
(1) The cover shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam.
(2) At least 40% by weight of the fragments in the soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.
(3) The combustible or coal content of the cover may not exceed 12% by weight.
(4) The cover may not include rock fragments that are greater than 6 inches in diameter.
(d) A 5-day supply of cover material shall be maintained on the site.
(e) Areas on which intermediate cover has been placed, and on which neither waste nor final cover is placed within 30 days thereafter, shall be temporarily revegetated and otherwise protected against erosion and sedimentation under § 273.235 and other applicable requirements.
(f) Intermediate slopes constructed during daily landfilling activities may not exceed 50%. Intermediate slopes shall be covered, compacted with 1 foot of intermediate cover material and revegetated to control erosion.
CHAPTER 275. LAND APPLICATION OF SEWAGE SLUDGE § 275.1. (Reserved).
Subchapter B. (Reserved) § 275.101. (Reserved).
§ 275.102. (Reserved).
§ 275.103. (Reserved).
§ 275.104. (Reserved).
§ 275.105. (Reserved).
§ 275.106. (Reserved).
§ 275.107. (Reserved).
Subchapter C. GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF SEWAGE SLUDGE
GENERAL § 275.201. General provisions.
(a) A person or municipality may not land apply sewage sludge unless the person or municipality is operating under a permit for the land application of sewage sludge issued by the Department under this article.
(b) A person or municipality that land applies sewage sludge under a permit issued under this chapter shall comply with the following:
(1) The requirements of the act, this subchapter and the additional operating requirements for the specific type of operation that are in Subchapter D, E or F (relating to additional requirements for agricultural utilization; additional requirements for land reclamation; and additional requirements for surface land disposal).
(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's guidelines for the use of sewage sludge for agricultural utilization or land reclamation, unless the person or municipality is operating under a permit that allows use of the loading rate guidelines for land reclamation or surface land disposal, in which case the person or municipality shall comply with the applicable guidelines for the operation.
§ 275.202. Areas where the land application of sewage sludge is prohibited.
Except for areas permitted by the Department prior to April 9, 1988, the land application of sewage sludge may not be conducted:
(1) Within 100 feet of an intermittent or perennial stream.
(2) Within 300 feet of a water source, unless otherwise approved by the Department, in writing.
(3) Within 1,000 feet upgradient of a surface water source unless otherwise approved by the Department, in writing.
(4) Within 25 feet of a bedrock outcrop.
(5) Within 50 feet of a property line within which the sludge is applied, unless otherwise approved by the Department, in writing.
(6) Within 100 feet of a sinkhole or area draining into a sinkhole.
(7) Within 25 feet of the perimeter of an undrained depression.
(8) In or within 100 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
Subchapter D. ADDITIONAL REQUIREMENTS FOR AGRICULTURAL UTILIZATION § 275.301. (Reserved).
Subchapter F. (Reserved) § 275.401. (Reserved).
§ 275.501. (Reserved).
§ 275.502. (Reserved).
§ 275.503. (Reserved).
§ 275.511. (Reserved).
§ 275.512. (Reserved)..
§ 275.513. (Reserved).
§ 275.514. (Reserved).
§ 275.515. (Reserved).
§ 275.516. (Reserved).
§ 275.517. (Reserved).
§ 275.521. (Reserved).
§ 275.522. (Reserved).
§ 275.523. (Reserved).
§ 275.524. (Reserved).
§ 275.525. (Reserved).
§ 275.526. (Reserved).
§ 275.527. (Reserved).
§ 275.528. (Reserved).
§ 275.531. (Reserved).
Subchapter G. (Reserved) § 275.601. (Reserved).
§ 275.602. (Reserved).
§ 275.603. (Reserved).
§ 275.611. (Reserved).
§ 275.612. (Reserved).
§ 275.613. (Reserved).
§ 275.614. (Reserved).
CHAPTER 277. CONSTRUCTION/DEMOLITION WASTE LANDFILLS
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 277.202. Areas where construction/demolition waste landfills are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, no construction/demolition waste landfill may be operated as follows:
* * * * * (2) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).
* * * * *
CHAPTER 279. TRANSFER FACILITIES
Subchapter C. OPERATING REQUIREMENTS FOR TRANSFER FACILITIES
GENERAL PROVISIONS § 279.201. Basic limitations.
(a) A person or municipality may not own or operate a transfer facility unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality that operates a transfer station facility shall comply with the following:
(1) The operating requirements of the act, this subchapter and the applicable requirements of Chapter 271 (relating to municipal waste management--general provisions).
(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.
(c) A person or municipality that operates a transfer facility may not allow residual waste or special handling waste to be received or handled at the facility unless the Department has specifically approved handling that waste in the permit.
(d) A person or municipality that operates a transfer facility may not:
(1) Mix solid waste with, or store solid waste in such close proximity to other solid waste to create a risk of fire or explosion, or a risk to the accumulation of poisonous or otherwise harmful vapors or gases.
(2) Allow exposive wastes to be processed at the facility.
(e) Hazardous waste subject to Chapters 260--265 and 270 may not be disposed, processed or stored at transfer facilities.
(f) A person or municipality may not allow solid waste generated outside the host county for a facility to be received, disposed or otherwise managed at the facility if the transportation to, or processing or management at, the facility would violate applicable laws in effect in the county or state in which the waste was generated, or state or local solid waste management plans in effect where the waste was generated.
(g) The Department may waive or modify a requirement of this chapter for permitted transfer facilities at which no actual loading, unloading or transferring of municipal waste occurs, if the absence of loading, unloading and transferring activity renders the requirement unnecessary.
§ 279.202. Areas where transfer facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, no transfer facility may be operated:
(1) In the 100-year floodplain of waters in this Commonwealth, unless the Department approves in the permit a method of protecting the facility from a 100-year flood consistent with the Flood Plain Management Act (32 P. S. §§ 679.101--679.601) and the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).
(2) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).
(3) Within 300 feet measured horizontally from an occupied dwelling, unless the current owner has provided a written waiver consenting to the facility being 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 current owner.
(4) Within 100 feet of a perennial stream.
(5) Within 50 feet of a property line unless the operator demonstrates that actual processing of waste is not occurring within that distance.
* * * * *
DAILY OPERATIONS § 279.217. Cleaning and maintenance.
(a) Areas within the building shall be kept clean.
(b) The operator may not allow putrescible waste to remain at the transfer facility at the end of the day or for more than 24 hours, except that putrescible waste may remain at a transfer facility for any period of time up to 72 hours over a weekend or 3-day weekend if the transfer facility permit so provides.
(c) Plumbing shall be properly maintained, and the floors shall be well drained.
(d) Macerators, hammer mills and grinders shall be cleanable and shall be equipped with drains that connect to a sanitary sewer system or treatment facility.
(e) Provision shall be made for the routine operational maintenance of the facility.
CHAPTER 281. COMPOSTING FACILITIES
Subchapter A. GENERAL § 281.2. (Reserved)
Subchapter C. OPERATING REQUIREMENTS FOR GENERAL COMPOSTING FACILITIES
GENERAL PROVISIONS § 281.202. Areas where general composting facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, no general composting facility may be operated:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).
(3) Within 100 feet of a sinkhole or area draining into a sinkhole.
(4) Within 300 feet measured horizontally from an occupied dwelling, unless the current owner of the dwelling has provided a written waiver consenting to the facility being 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 current owner.
(5) Within 100 feet of a perennial stream.
(6) Within 50 feet of a property line unless the operator demonstrates that actual composting of waste is not occurring within that distance.
(7) Within 1/4 mile upgradient and within 300 feet downgradient of a private or public water source.
(8) In an area where the seasonal high water table or perched water table is less than 4 feet from the surface.
(b) Except as provided in subsection (c), this section does not apply to a feature that may come into existence after the date of the first newspaper notice under § 271.141 (relating to public notice by applicant).
(c) This section does not apply to a feature that may come into existence after the date of the first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a notice of intent to file an application for a general composting facility permit. The notice, which is separate from the newspaper notice required by § 271.141, shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the area where the facility is proposed to be located. The notice shall include a brief description of the location and proposed operation of the facility.
(2) The person or municipality files an administratively complete application with the Department within 1 year from the date of the first newspaper notice under this subsection.
CHAPTER 283. RESOURCE RECOVERY AND OTHER PROCESSING FACILITIES
Subchapter A. GENERAL § 283.1. Scope.
This chapter sets forth application and operating requirements for a person or municipality that operates a municipal waste processing facility other than a transfer or composting facility, including a resource recovery facil-ity as well as an incinerator other than an incinerator operating under a permit-by-rule under § 271.103(f) (relating to permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements). The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management--general provisions).
Subchapter C. OPERATING REQUIREMENTS § 283.202. Areas where resource recovery facilities and other processing facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, a municipal waste processing facility subject to this chapter may not be operated:
* * * * * (2) In or within 300 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
* * * * *
DAILY OPERATIONS § 283.222. Protection of capacity.
A person or municipality operating a resource recovery facility may not receive solid waste at the facility contrary to the terms and conditions approved by the Department under § 283.111 (relating to plan for protection of capacity).
CHAPTER 285. STORAGE, COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
Subchapter A. STORAGE OF MUNICIPAL WASTE § 285.123. Impoundments--general.
A person or municipality storing municipal waste in a surface impoundment shall:
(1) Comply with Chapter 105 (relating to dam safety and waterway management).
(2) Design and maintain the impoundment to prevent the dispersal of municipal waste by wind and water erosion, and to prevent odors.
(3) Design and maintain sufficient freeboard to prevent overtopping. There shall be at least 2 feet of freeboard unless otherwise approved by the Department, in writing.
(4) Construct and maintain a protective cover sufficient to minimize wind and water erosion and preserve structural integrity, including, but not limited to, suitable vegetation, rock riprap or nonerodible material.
(5) Design and maintain sufficient structural integrity to prevent failure.
(6) Design and maintain dikes or berms so that the outside slope does not exceed 33% unless otherwise approved by the Department, in writing.
(7) Design and maintain structures around impoundments sufficient to prevent surface runoff from entering the impoundment, based on the maximum surface runoff from a 25-year, 24-hour precipitation event.
(8) Design and maintain dikes or berms to be free of burrowing mammals and plants with root systems capable of displacing earthen materials upon which the structural integrity of the dikes or berms is dependent.
(9) For leachate storage:
(i) Install and maintain a liner that meets the requirements of Chapter 273 (relating to municipal waste landfills).
(ii) Design, install and operate a groundwater monitoring system that meets the requirements of Chapter 273.
(10) For sewage sludge storage impoundments constructed after January 25, 1997:
(i) Install and maintain a liner system that meets the requirements of §§ 273.253--273.257, unless otherwise approved by the Department in a permit.
(ii) Install and operate a groundwater monitoring system that meets the requirements in §§ 273.281--273.288 (relating to water quality monitoring), unless otherwise approved by the Department in a permit.
Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE § 285.201. Scope.
A person or municipality that collects or transports municipal waste shall comply with §§ 285.211--285.219 (relating to general provisions). A person or municipality that transports the types of municipal waste referred to in §§ 285.221, 285.222 and 285.225 (relating to transportation of ash residue from municipal waste incineration and from infectious or chemotherapeutic waste incinerations; transportation of infectious and chemotherapeutic waste; general provisions and transportation of residential septage) shall transport the waste under the applicable provisions of those sections.
GENERAL PROVISIONS § 285.212. Collection.
(a) A person or municipality that is responsible for the collection of municipal waste shall make collection services available with sufficient frequency to prevent a nuisance or hazard to public health, safety or welfare.
(b) A person or municipality that generates municipal waste shall schedule collection of waste with sufficient frequency to prevent a nuisance.
(c) A person or municipality may not park a municipal waste collection or transportation vehicle to cause a nuisance or a hazard to public health, safety and welfare. A person or municipality may not allow a municipal waste collection or transportation vehicle to remain in a residential area for more than 4 hours.
TYPES OF WASTE § 285.225. Transportation of residential septage.
(a) By July 25, 1997, or upon beginning operations, whichever occurs later, a person or municipality that transports residential septage shall notify the Department that the person or municipality transports residential septage. The notification shall:
(1) Be prepared on a form provided by the Department.
(2) State the name, address and telephone number of the transporter.
(3) State the name, address and telephone number of a person who will act as a contact with the Department.
(b) Upon receipt of the notification, the Department will issue a transporter number to the person or municipality transporting residential septage.
(c) The number provided to the transporter under subsection (b) shall be displayed on the sides and rear of each vehicle the transporter uses to transport the residential septage, in numbers at least 3 inches high in a color contrasting to the background.
ARTICLE IX. RESIDUAL WASTE
CHAPTER 287. RESIDUAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 287.1. Definitions.
The following terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * General permit--A regional or Statewide permit issued by the Department for a specified category of beneficial use or processing of solid waste, the terms and conditions of which allow an original applicant, a registrant and a person or municipality that obtains a determination of applicability, to operate under the permit if the terms and conditions of the permit and certain requirements of this article are met.
Generator--A person or municipality that produces or creates a residual waste.
* * * * * Land application--The agricultural utilization, land reclamation or surface land disposal. The term does not include the disposal of solid waste in a landfill or disposal impoundment.
* * * * * MCL--Maximum contaminant level.
* * * * * PCB containing water--Solid waste containing PCBs in the following concentrations:
(1) More than 4 parts per million, but less than 50 parts per million.
* * * * * Permit--A permit issued by the Department to operate a residual waste disposal or processing facility or to beneficially use residual waste. The term includes a general permit, permit-by-rule, permit modification, permit reissuance and permit renewal.
* * * * * Permit-by-rule--A permit which a person or municipality is deemed to have for the operation of a facility or an activity upon compliance with § 287.102 (relating to permit-by-rule).
* * * * * Sewage sludge--Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes material derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screening generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system or grit, screenings and nonorganic objects from septic and holding tank pumpings.
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Subchapter B. DUTIES OF GENERATORS § 287.51. Scope.
(a) This subchapter contains requirements that are directly applicable to persons or municipalities that generate more than 2,200 pounds of residual waste per generating location in any single month of the previous year. The Department may waive or modify the requirements of this section for individual types of waste that are generated in quantities of less than 2,200 pounds per month per generating location.
(b) This subchapter does not apply to the following:
(1) Persons or municipalities that generate residual waste as a result of collecting the waste, including the collection of parts, machinery, vehicles, appliances and used oil from the repair or replacement of the parts, machinery, vehicles, appliances and used oil.
(2) Persons or municipalities that create waste from a spill, release, fire, accident or other unplanned event.
(c) Generators and collectors of used oil who are also waste oil marketers are subject to § 266.43 (relating to standards applicable to marketers of waste oil burned for energy recovery).
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