[27 Pa.B. 6407]
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Subchapter C. RULEMAKING PETITIONS Sec.
260a.20. Rulemaking petitions. § 260a.20. Rulemaking petitions.
Notwithstanding the requirements incorporated by reference, each petition shall be submitted in accordance with Chapter 23 (relating to Environmental Quality Board--policy for processing petitions--statement of policy), instead of the procedures in 40 CFR 260.20(b)--(e) (relating to general).
CHAPTER 261. (Reserved)
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Subchap.
A. GENERAL
Subchapter A. GENERAL Sec.
261a.1. Incorporation by reference, purpose and scope. 261a.3. Definition of ''hazardous waste.'' 261a.4. Exclusions. 261a.5. Special requirements for hazardous waste generated by small quantity generators. 261a.6. Requirements for recyclable materials. 261a.7. Residues of hazardous waste in empty containers. § 261a.1. Incorporation by reference, purpose and scope.
Except as expressly provided in this chapter, the requirements of 40 CFR Part 261 and its Appendices (relating to identification and listing of hazardous waste) are incorporated by reference.
§ 261a.3. Definition of ''hazardous waste.''
(a) Notwithstanding the requirements incorporated by reference:
(1) Certain nonwastewater residues, such as slag, resulting from high temperature metals recovery processing of K061, K062 or F006 waste in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces are hazardous wastes if they are described in 40 CFR 261.3(c)(2)(ii)(C) (relating to definitions of hazardous waste).
(2) Biological treatment sludge from the treatment of organic waste from the production of carbamates and carbamoyl oximes, and wastewaters from the production of carbamates and carbamoyl oximes are hazardous wastes if they are described in 40 CFR 261.3(c)(2)(ii)(D).
(b) In addition to the requirements incorporated by reference, waste oil that is hazardous only because it exhibits any characteristic of hazardous waste under 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste) which has not been mixed with a hazardous waste and which is destined to be recycled or reused in some other manner than burning for energy recovery is not subject to Chapters 260a--266a and 266b. This waste oil is regulated under residual waste regulations in Article IX (relating to residual waste management). Burning waste oil that exhibits any characteristic of hazardous waste is not subject to Chapters 260a--265a, unless otherwise specified in Chapter 266a, Subchapter E (relating to waste oil burned for energy recovery).
§ 261a.4. Exclusions.
(a) Notwithstanding the requirements incorporated by reference, the materials excluded from regulation as solid waste under 40 CFR 261.4 (relating to exclusions) are only excluded from regulation as hazardous wastes in this Commonwealth.
(b) In addition to the requirements incorporated by reference, a copy of the written state agreement required by 40 CFR 261.4(b)(11)(ii) that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed for free phase hydrocarbon recovery operations shall be submitted to: Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, Post Office Box 8471, Harrisburg, Pennsylvania 17105-8471.
§ 261a.5. Special requirements for hazardous waste generated by small quantity generators.
Notwithstanding the requirements incorporated by reference:
(1) A conditionally exempt small quantity generator may not dispose of hazardous waste in a municipal or residual waste landfill in this Commonwealth
(2) A conditionally exempt small quantity generator may either treat or dispose of its acute hazardous waste in an onsite facility or ensure delivery to an offsite treatment, storage, or disposal facility, either of which, if located in the United States, is:
(i) Permitted, licensed or registered by another State to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR Part 258 (relating to criteria for municipal solid waste landfills).
(ii) Permitted, licensed or registered by another State to manage nonmunicipal nonhazardous waste and, if managed in a nonmunicipal nonhazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR 257.5--257.30.
(3) A conditionally exempt small quantity generator may either treat or dispose of its hazardous waste in an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is:
(i) Permitted, licensed or registered by another state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR Part 258.
(ii) Permitted, licensed or registered by another state to manage nonmunicipal nonhazardous waste and, if managed in a nonmunicipal nonhazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR 257.5--257.30.
§ 261a.6. Requirements for recyclable materials.
Notwithstanding the requirements incorporated by reference, owners or operators of facilities that reclaim or otherwise treat hazardous waste are regulated under, required to obtain a permit under and shall comply with this article.
§ 261a.7. Residues of hazardous waste in empty containers.
Notwithstanding the requirements incorporated by reference:
(1) A container or an inner liner removed from a container, previously used to hold a hazardous waste, which has been emptied in accordance with the standards of this section, and which is being transported to a facility for processing (as defined in § 260a.10 and 40 CFR 260.10 (relating to definitions)) or disposal shall be managed as a residual waste. For purposes of this section, a tank which is transported for processing or disposal shall be considered a container.
(2) The person in control of the container or inner liner removed from a container, when any remaining residue which was present prior to processing or other cleaning is, either accidentally or intentionally, removed therefrom shall have the responsibility to ensure that the waste is managed in compliance with the act and the regulations thereunder.
CHAPTER 262. (Reserved)
CHAPTER 262a. STANDARDS APPLICABLE GENERATORS OF HAZARDOUS WASTE Subchap.
A. GENERAL B. THE MANIFEST E. EXPORT OF HAZARDOUS WASTE H. TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD I. SOURCE REDUCTION STRATEGY
Subchapter A. GENERAL Sec.
262a.10. Incorporation by reference, purpose, scope and applicability. 262a.11. Hazardous waste determination. 262a.12. EPA identification numbers. § 262a.10. Incorporation by reference, purpose, scope and applicability.
Except as expressly provided in this chapter, the requirements of 40 CFR 262 (relating to standards applicable to generators of hazardous waste) are incorporated by reference.
§ 262a.11. Hazardous waste determination.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.11 (relating to hazardous waste determination).
§ 262a.12. EPA identification numbers.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.12 (relating to EPA identification numbers).
Subchapter B. THE MANIFEST Sec.
262a.20. General requirements. 262a.22. Number of copies. 262a.23. Use of the manifest. § 262a.20. General requirements.
Notwithstanding the requirements incorporated by reference, a generator shall:
(1) Complete the manifest form in its entirety and in accordance with the instructions included with the manifest.
(2) List no more than four waste streams on one manifest. If the generator is transporting or offering for transportation more than four different hazardous waste streams for offsite treatment, storage or disposal, the generator shall complete additional manifest forms for the remaining waste streams in the shipment, unless the waste stream is a lab pack.
(3) Complete a continuation sheet, EPA Form 8700-22a, when there are more than two transporters, or for lab packs when there are more than four different waste streams in one shipment.
(4) Ensure that the required information on all copies, including photocopies, of the manifest is capable of being read by the Department, transporter and designated facility.
(5) A generator shall designate only one facility which is permitted to handle the waste.
§ 262a.22. Number of copies.
(a) Notwithstanding the requirements incorporated by reference, 40 CFR 262.22 (relating to number of copies) is not incorporated by reference.
(b) The manifest shall consist of at least the number of copies which will provide the generator, each transporter and the owner or operator of the designated facility with one copy each for their records and which will allow the designated facility to send copies to the generator, generator state and destination state.
§ 262a.23. Use of the manifest.
Notwithstanding the requirements incorporated by reference, the generator shall:
(1) Send all manifest copies, except the generator's copy, dated and signed in accordance with the manifest instructions, to the owner or operator of the designated facility or the last water transporter to handle the waste in the United States if exported by water.
(2) For rail shipments, send all manifest copies, except the generator's copy, dated and signed in accordance with the manifest instructions, to one of the following:
(i) The next nonrail transporter, if any.
(ii) The designated facility if transported solely by rail.
(iii) The last rail transporter to handle the waste in the United States if exported by rail.
Subchapter E. EXPORTS OF HAZARDOUS WASTE Sec.
262a.55. Exception report. 262a.56. Annual reports. 262a.57. Recordkeeping. § 262a.55. Exception report.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart E (relating to exports of hazardous waste).
§ 262a.56. Annual reports.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).
§ 262a.57. Recordkeeping.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).
Subchapter H. TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD Sec.
262a.80. Applicability. § 262a.80. Applicability.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart H (relating to transfrontier shipments of hazardous waste for recovery within the OECD).
Subchapter I. SOURCE REDUCTION STRATEGY Sec.
262.100. Source reduction strategy. § 262a.100. Source reduction strategy.
(a) By January 17, 1994, a person or municipality that generates hazardous waste shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be signed by the person or municipality that generated the waste, shall be maintained on the premises where the waste is generated, shall be available on the premises for inspection by any representative of the Department and shall be submitted to the Department upon request. The strategy may designate certain production processes as confidential and this confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) For each type of waste generated, the strategy shall include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description shall quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality has established a source reduction program.
(3) If the person or municipality has established a source reduction program as described in paragraph (2), the strategy shall identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of waste generated on the premises, shall quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure, and shall specify when each method or procedure will be implemented.
(4) If the person or municipality has not established a source reduction program as described in paragraph (2), the strategy shall include the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when either of the following occurs:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If hazardous waste generated by a person or municipality will be treated, stored or disposed of at a solid waste management facility which has applied to the Department for approval to treat, store or dispose of the waste, the person or municipality that generated the hazardous waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility.
(e) This section does not apply to persons or municipalities that generate a total of less than 1,000 kilograms of hazardous waste in each month of the year.
(f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 261.41(a)(5)--(7) (relating to biennial report).
CHAPTER 263. (Reserved)
CHAPTER 263a. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE Subchap.
A. GENERAL B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING C. HAZARDOUS WASTE DISCHARGES D. BONDING
Subchapter A. GENERAL Sec.
263a.10. Incorporation by reference and scope. 263a.11. EPA identification number. 263a.12. Transfer facility requirements. 263a.13. Licensing. § 263a.10. Incorporation by reference and scope.
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 263 (relating to standards applicable to transporters of hazardous waste) are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference, when used in 40 CFR 263.10 (relating to scope), the phrase ''Commonwealth of Pennsylvania'' shall be substituted for the phrase ''United States.''
§ 263a.11. EPA identification number.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations), does not apply in 40 CFR 263.11 (relating to EPA identification number).
§ 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
(1) A transporter utilizing in-transit storage of hazardous waste for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan will be approved in writing by the Department.
(2) A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan which will be approved in writing by the Department.
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b) or § 263a.30 (relating to immediate actions), a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
(b) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
(1) Comply with 40 CFR 263.11 (relating to EPA identification number).
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and shall be completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond which is conditional upon compliance by the licensee with the act, the regulations promulgated thereunder, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond shall conform to § 263a.32 (relating to bonding).
(4) Supply the Department with the relevant additional information it may require.
(c) Upon receiving the application and the information required in subsection (b), the Department will evaluate the application for a license and other relevant information and issue or deny the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.
(d) A license granted or renewed under this chapter will be valid for 2 years unless the Department determines that circumstances justify issuing a license for a period of less than 2 years. The expiration date will be set forth on the license.
(e) A license to transport hazardous wastes is nontransferable and nonassignable and shall be used only by the licensee and employes of the licensee.
(f) The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:
(1) Violation of an applicable requirement of the act or a regulation promulgated under the act.
(2) Aiding or abetting the violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.
(4) Failure to comply with the terms or conditions placed upon the license or renewal.
(5) Failure to comply with an order issued by the Department.
(6) Failure to maintain the required bond amount.
(g) The application for a license shall be accompanied by a check for $500 payable to the ''Commonwealth of Pennsylvania.'' The application for license renewal shall be accompanied by a check for $250 payable to the ''Commonwealth of Pennsylvania.''
(h) In addition to the fees required by subsection (g), the transporter shall also submit a fee of $5 for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING Sec.
263a.20. The manifest system. 263a.23. Hazardous waste transportation fee. 263a.24. Documentation of hazardous waste transporter fee submission. 263a.25. Civil penalties for failure to submit hazardous waste transporter fees. 263a.26. Assessment of penalties. § 263a.20. The manifest system.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as adopted in this rule.
§ 263a.23. Hazardous waste transportation fee.
(a) A fee is assessed on hazardous waste transportation to or from a location within this Commonwealth which requires a manifest under § 263a.20, 40 CFR 263.20 and 40 CFR 263.21 (relating to the manifest system; and compliance with the manifest). Each of the following shall be considered a separate transportation activity, subject to assessment of a fee:
(1) Transport to a location within this Commonwealth from a location out-of-State.
(2) Transport from a location within this Commonwealth to a location out-of-State.
(3) Transport from one location to another within this Commonwealth.
(b) A hazardous waste transportation fee will not be assessed for:
(1) Onsite shipments of hazardous waste.
(2) Hazardous waste shipments through this Commonwealth not originating from, or destined for, a location within this Commonwealth.
(3) Shipments of hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), the Comprehensive Environmental Response Compensation and Liability Act of 1980 (P. L. 96-510, 94 Stat. 2767), known as the Federal Superfund Act (42 U.S.C.A. §§ 9601--9675), Title II of the Solid Waste Disposal Act (42 U.S.C.A. §§ 6901--6987) or the act.
(c) A transporter delivering a shipment of hazardous waste to a designated facility or recycler in this Commonwealth shall pay the transportation fees. If a shipment is destined for a location outside this Commonwealth, the transportation fee will be paid by the transporter that accepts the hazardous waste from a Commonwealth generator or other hazardous waste management location within this Commonwealth.
(d) A transporter shall remit to the Department hazardous waste transportation fees due for each quarter, accompanied by the forms required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission).
(e) Payment of the fees, accompanied by the completed forms required by § 263a.24 shall be postmarked or received by the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission deadline falls on a weekend or State holiday, the report shall be postmarked or received on or before the next business day after the 20th.
(f) Payment shall be by check or money order, payable to ''The Hazardous Sites Cleanup Fund,'' and forwarded with the accompanying forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.
(g) Fees shall be calculated based on standard tons.
(1) For purposes of this section:
(i) A standard ton equals 2,000 pounds.
(ii) A metric ton shall be converted to a standard ton by dividing the metric ton by a factor of 0.91.
(2) Liquid wastes shall be converted to tons as follows:
(i) Standard measure gallons shall be converted to tons using a factor of 8 pounds per gallon.
(ii) Liters shall be converted to tons using a factor of 2.1 pound per liter.
(3) Cubic yards and cubic meters shall be converted to standard tons using a factor of 1 ton per each of these units, or part thereof.
(h) Quantities reported shall be as indicated on the manifest by the treatment, storage or disposal facility designated on the manifest or, if not indicated by that facility, as specified on the manifest by the generator.
§ 263a.24. Documentation of hazardous waste transporter fee submission.
(a) A transporter receiving or delivering hazardous waste to or from a site in this Commonwealth shall submit specific information to the Department to document that the amount of fees submitted under § 263a.23 (relating to hazardous waste transportation fee) is accurate. This information shall be provided on forms provided or approved by the Department.
(1) A transporter who has transported hazardous waste during a quarter shall submit completed forms ER-WM-55G and ER-WM-55H, or their successor documents, with the appropriate fees.
(2) A transporter who has not transported hazardous waste during a quarter shall submit only form ER-WM-55G.
(b) The required forms shall be completed by the applicant in conformance with instructions provided.
(c) A transporter shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste transportation activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.
§ 263a.25. Civil penalties for failure to submit hazardous waste transporter fees.
(a) The Department may assess a civil penalty for:
(1) Failure to submit the hazardous waste transportation fees as required by § 263a.23(d) (relating to hazardous waste transportation fee), failure to submit properly completed documents required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission) or failure to meet the time schedule for submission established by § 263a.23(e).
(2) Intentional submission of falsified information relating to hazardous waste transportation fees required by this chapter and the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
(3) Failure of a transporter to submit documentation confirming that no fee was due for the preceding quarter.
(b) This section does not preclude the Department from assessing a civil penalty for a violation of the act, the Hazardous Sites Cleanup Act or this article.
§ 263a.26. Assessment of penalties.
(a) Consistent with section 605 of the act (35 P. S. § 6018.605) and section 1104 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.1104) and the regulations thereunder, this section sets forth civil penalties for certain violations. This section does not limit the Department's authority to assess a higher penalty for the violations identified in this section, or limit the Department's authority to proceed with appropriate criminal penalties.
(b) If a person or municipality fails to submit the hazardous waste transportation fees as required by § 263a.23(d) (relating to hazardous waste transportation fee), fails to submit properly completed documents required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission) or fails to meet the time schedule for submission established by § 263a.23(e), the Department may assess a civil penalty of $500 for submissions which are less than 15 days late.
(c) If a person or municipality falsifies information relating to hazardous waste transportation fees required by this chapter and the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), the Department may assess a civil penalty of $1,000.
(d) Failure to comply with the fee payment and documentation requirements of this chapter constitutes grounds for suspension or revocation of a hazardous waste transporter license, denial of issuance or renewal of a license, and for forfeiture of the hazardous waste transporter's collateral bond, in addition to civil penalties set forth in this section.
Subchapter C. HAZARDOUS WASTE DISCHARGES Sec.
263a.30. Immediate action. § 263a.30. Immediate action.
In addition to the requirements incorporated by reference, in the event of a discharge or spill of hazardous waste during transporting, the transporter shall immediately notify the Department by telephone at (717) 787-4343.
Subchapter D. BONDING Sec.
263a.32. Bonding. § 263a.32. Bonding.
(a) A collateral bond means an indemnity agreement in a certain sum payable to the Department executed by the licensee and which is supported by the deposit with the Department of cash, negotiable bonds of the United States of America, the Commonwealth of Pennsylvania, the Turnpike Commission, the General State Authority, the State Public School Building Authority or a Commonwealth municipality, or an irrevocable letter of credit of any bank organized or authorized to transact business in the United States.
(b) A new, revised or renewed license to transport hazardous waste may not be issued by the Department before the applicant for a license has filed a collateral bond payable to the Department on a form provided by the Department, and the bond has been approved by the Department.
(c) The amount of the bond shall be $10,000 at a minimum and be in an amount sufficient to assure that the licensee faithfully performs the requirements of the act, the regulations promulgated thereunder, the terms and conditions of the license and any Department order issued to the licensee.
(d) Liability under the bond shall continue at a minimum for the duration of the license, any renewal thereof and for a period of 1 year after expiration, termination, revocation or surrender of the license. The 1-year extended period of liability shall include, and shall be automatically extended for, additional time during which administrative or legal proceedings are pending involving a violation by the transporter of the act, regulations promulgated thereunder, the terms or conditions of a license or a Department order.
(e) The Department may require additional bond amounts at any time if the methods of transporting wastes change, the kinds of wastes transported change or the Department determines the additional bond amounts are necessary to guarantee compliance with the act, regulations, the terms and conditions of the license or a Department order.
(f) Collateral bonds shall be subject to the following conditions:
(1) The Department will obtain possession of and keep in custody all collateral deposited by the licensee until authorized for release as provided in this section.
(2) The Department will value collateral at its current market value.
(3) Collateral shall be in the name of the licensee, not in the name of third parties and shall be pledged and assigned to the Department free and clear of claims.
(g) Letters of credit shall be subject to the following conditions:
(1) The letter may only be issued by a bank organized or authorized to do business in the United States.
(2) Letters of credit shall be irrevocable. The Department may accept a letter of credit which is irrevocable for a term of 3 years if:
(i) The letter of credit is automatically renewable for additional terms, unless the bank gives at least 90 days prior written notice to the Department of its intent to terminate the credit at the end of the current term.
(ii) The Department has the right to draw upon the credit before the end of its term and convert it into a cash collateral bond, if the licensee fails to replace the letter of credit with other acceptable collateral within 30 days of the bank's notice to terminate the credit.
(3) The letter of credit shall be payable to the Department in part or in full upon demand of the Department in the case of a forfeiture or the failure of the operator to replace the letter of credit as provided in this section.
(4) The Department will not accept letters of credit from a bank for a licensee in excess of 10% of the bank's capital surplus account as shown on a balance sheet certified by a certified public accountant.
(5) All letters of credit shall be subject to the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 290, including amendments and successor publications.
(6) Letters of credit will provide that the bank will give prompt notice to the licensee and the Department of a notice received or action filed alleging the insolvency or bankruptcy of the bank, or alleging violations of regulatory requirements which could result in suspension or revocation of the bank's charter or license to do business.
(7) Upon the incapacity of a bank by reason of bankruptcy, insolvency or suspension or revocation of its charter or license, the licensee shall be deemed to be without collateral bond coverage in violation of § 263a.13 (relating to licensing). The Department will issue a notice of violation against a licensee who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed 90 days.
(h) Bonds which are not declared forfeit in accordance with subsection (i) shall be released to the licensee 1 year after expiration, termination, revocation or surrender of the license.
(i) The Department will declare forfeit all the bonds if the Department finds that the licensee has violated any of the requirements of the act, the regulations promulgated thereunder, terms and conditions of a license or a Department order issued to the licensee, and if the Department also finds that the licensee has failed to remedy promptly the violation.
(j) Remedies provided in law for violation of the act, the regulations adopted thereunder or the conditions of the license, are expressly preserved. Nothing in this section may be construed as an exclusive penalty or remedy for the violations of law. An action taken under this chapter does not waive or impair another remedy or penalty provided in law.
CHAPTER 264. (Reserved)
CHAPTER 264a. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES Subchap.
A. GENERAL B. GENERAL FACILITY STANDARDS D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING F. RELEASES FROM SOLID WASTE MANAGEMENT UNITS H. FINANCIAL REQUIREMENTS I. USE AND MANAGEMENT OF CONTAINERS J. TANK SYSTEMS K. SURFACE IMPOUNDMENTS L. WASTE PILES M. LAND TREATMENT N. LANDFILLS S. CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS W. DRIP PADS X. MISCELLANEOUS UNITS DD. CONTAINMENT BUILDINGS
Subchapter A. GENERAL Sec.
264a.1. Incorporation by reference, purpose, scope and reference. § 264a.1. Incorporation by reference, purpose, scope and reference.
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 264 (relating to standards for owners and operators of hazardous waste treatment, storage, and disposal facilities) and the appendices to Part 264 are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference:
(1) The requirements of 40 CFR 264.1(f)(relating to purpose, scope and applicability) regarding state program authorization under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs), are not incorporated herein.
(2) The requirements of this chapter apply to owners and operators of facilities which treat, store or dispose of hazardous waste in this Commonwealth, except as specifically provided in this chapter or in Chapter 261a (relating to identification and listing of hazardous waste).
(3) The requirements of this chapter do not apply to owners or operators of facilities specifically exempted from compliance with this chapter under 40 CFR 264.1 (relating to purpose, scope and applicability), except that those owners or operators of facilities which are authorized to treat, store or dispose of hazardous waste under a permit-by-rule established under Chapter 270a (relating to hazardous waste permit program) are required to comply with specified provisions of this chapter if an applicable permit-by-rule established in Chapter 270a expressly requires compliance with this chapter.
(4) This chapter does not apply to owners or operators of facilities authorized to treat, store or dispose of hazardous waste under a permit-by-rule and variance established under § 270a.60 (relating to permits by rule).
(5) This chapter does not apply to handlers and transporters of universal wastes identified in 40 CFR Part 273 (relating to standards for universal waste management) or additional Pennsylvania-designated universal wastes identified in Chapter 266b (relating to universal wastes).
(6) With respect to the specific requirements of Subchapters K and N (relating to surface impoundments and landfills), the Department may, upon written application from a person who is subject to either subchapter, grant a variance from one or more specific provisions of that subchapter in accordance with this paragraph. An application for a variance shall:
(i) Identify the specific provisions from which a variance is sought.
(ii) Demonstrate that suspension of the identified provisions will result in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provisions.
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