[30 Pa.B. 6685]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VIII. MUNICIPAL WASTE
CHAPTER 271. MUNICIPAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 271.1. Definitions.
The following words and terms, when used in this article, have the following meanings unless the context clearly indicates otherwise:
* * * * * Abatement standards--Background, MCLs and risk-based standards as those terms are defined under this article.
* * * * * Airport--''Public airport,'' as defined in 67 Pa. Code § 471.2 (relating to definitions). The term does not include heliports.
* * * * * Alternative groundwater protection standard--A risk-based remediation standard for substances that have no primary MCLs under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. §§ 300f--300j-18; and 35 P. S. §§ 721.1--721.17). For carcinogens, the standard represents a concentration associated with an excess lifetime cancer risk level between 1 × 10-4 and 1 × 10-6, including the cumulative risk of all contaminants. For systemic toxicants, the standard represents a concentration to which the human population, including sensitive subgroups, could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. When several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.
* * * * * Aquifer--A geologic formation, group of formations or part of a formation capable of yielding sufficient groundwater for monitoring purposes.
Association--A corporation, partnership, limited liability company, business trust or two or more persons associated in a common enterprise or undertaking.
* * * * * Autoclave--A pressure vessel in which infectious waste is disinfected using high temperature steam, directly or indirectly, to maintain specified temperatures for retention times consistent with the waste being processed.
Autofluff--The residue from the shredding of automobiles, after all fluids have been removed.
Background standard--A numerical value as determined under section 302 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.302) and § 250.202 (relating to establishing background concentrations).
* * * * * Byproduct material--The Federal definition for ''byproduct material'' in 10 CFR 20.1003 (relating to definitions) is incorporated by reference.
* * * * * Clean fill--Uncontaminated, nonwater-soluble, nonde- composable inert solid material used to level an area or bring the area to grade. The term does not include material placed into or on waters of this Commonwealth.
* * * * * Closure certification--A written document attested to by a corporate official that states that a landfill has permanently ceased accepting waste and access has been limited to activities necessary for postclosure care, maintenance and monitoring.
* * * * * Construction/demolition waste--Solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill:
(i) Uncontaminated soil, rock, stone, gravel, brick and block, concrete and used asphalt.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
* * * * * Dredged material--Material dredged or excavated from waters for the direct or indirect purpose of establishing or increasing water depth, or increasing the surface or cross-sectional area of a waterway and which includes sediment, soil, mud, shells, gravel or other aggregate. The material does not include waste removed or dredged from an impoundment that has received solid waste.
* * * * * Environmental Stewardship and Watershed Protection Act--27 Pa.C.S. §§ 6101--6113.
* * * * * FAA--The Federal Aviation Administration of the United States Department of Transportation.
Facility--Land, structures and other appurtenances or improvements where municipal waste disposal, processing or beneficial use is permitted or takes place.
* * * * * General composting facility--A composting facility other than an individual backyard composting facility or yard waste composting facility operating under § 271.103(h) (relating to permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements).
* * * * * Groundwater degradation--A measurable increase in the concentration of one or more contaminants in groundwater above background concentrations for those contaminants.
* * * * * Highly virulent diseases--Diseases derived from Class IV etiologic agents, as defined by the Centers for Disease Control, United States Department of Health and Human Services. Information about Class IV etiologic agents may be obtained from CDC-NIH Biosafety, Microbiological and Biomedical Laboratories Centers for Disease Control, 1600 Clifton Road, N.E., Atlanta, Georgia 30333.
Home self-care--The provision of medical care in the home setting (for example, private residents) through either self-administration practices or by a family member or other person.
* * * * * Infectious waste--
(i) General. Municipal and residual waste which is generated in the diagnosis, treatment, immunization or autopsy of human beings or animals, in research pertaining thereto, in the preparation of human or animal remains for interment or cremation, or in the production or testing of biologicals, and which falls under one or more of the following categories:
* * * * * (C) Human blood and body fluid waste.
* * * * * (VII) Items saturated or dripping with body fluids or caked with dried body fluids from persons during surgery, autopsy, other medical procedures or laboratory procedures.
* * * * * (F) Used sharps. Sharps that have been in contact with infectious agents or that have been used in animal or human patient care or treatment, at medical, research or industrial laboratories.
* * * * * (iii) Exceptions. The term does not include the following:
(A) Wastes generated as a result of home self-care.
* * * * * (G) Reusable or recyclable containers or other nondisposable materials, if they are cleaned and disinfected, or if there has been no direct contact between the surface of the container and materials identified in subparagraph (i). Laundry or medical equipment shall be cleaned and disinfected in accordance with the United States Occupational Safety and Health Administration Requirements in 29 CFR 1910.1030 (relating to bloodborne pathogens).
* * * * * MCL--Maximum contaminant level.
* * * * * Mobile infectious waste processing facility--An infectious waste processing unit which is moved from one waste generation site to another for the purpose of onsite processing of a generator's infectious waste. The term refers to any processing activity designed to disinfect infectious waste in accordance with § 284.321 (relating to infectious waste monitoring requirements) to render the waste noninfectious. The term does not include any permanently placed waste processing units.
* * * * * NARM--Naturally occurring or accelerator-produced radioactive material--The term does not include byproduct, source or special nuclear material.
NORM--Naturally occurring radioactive material--A nuclide which is radioactive in its natural physical state--that is, not manmade--but does not include source or special nuclear material.
* * * * * Radioactive material--A substance which spontaneously emits alpha or beta particles or photons (gamma radiation) in the process of decay or transformation of the atom's nucleus.
* * * * * Remediation standards--Background, MCLs, site-specific, Statewide health and alternative groundwater protection standards as those terms are defined under this article.
* * * * * Risk-based standard--A risk-based abatement standard for substances that have no MCLs under the Federal and State Safe Drinking Water Acts.
(i) For carcinogens the standard represents a concentration associated with an excess lifetime cancer risk level between 1 × 10-4 and 1 × 10-6, including the cumulative risk of all contaminants and represents a concentration associated with an excess cancer risk level of 1 × 10-5 at the property boundary of a municipal waste facility.
(ii) For systemic toxicants, the standard represents a concentration to which the human population, including sensitive subgroups, could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.
(iii) When several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.
* * * * * Secondary contaminant--A substance for which a secondary MCL exists, and no lifetime health advisory level exists.
* * * * * Sharps--Broken glass that has been in contact with pathogenic organisms, hypodermic needles and syringes to which a needle can be attached, with or without the attached needle, suture needles, disposable razors, pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, culture dishes, suture needles, slides, cover slips and other broken or unbroken glass or plasticware.
* * * * * Site-specific standard--A numerical value as determined under section 304 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.304) and Chapter 250, Subchapter F (relating to exposure and risk determinations).
* * * * * Small Business and Household Pollution Prevention Program Act--35 P. S. §§ 6029.201--6029.209.
* * * * * Source material--The Federal Definition for ''source material'' in 10 CFR 20.1003 is incorporated by reference.
* * * * * Special handling waste--Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes dredged material, sewage sludge, infectious waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, friable asbestos containing waste, PCB containing waste and waste oil that is not hazardous waste.
Special nuclear material--The Federal definition for ''special nuclear material'' in 10 CFR 20.1003 is incorporated by reference. The term ''Commission'' refers to the Nuclear Regulatory Commission. The term ''act'' refers to the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011--2297h-13), The term ''Department'' shall be substituted for the term ''Commission'' when the Department assumes Agreement State Status from the Nuclear Regulatory Commission.
* * * * * Statewide health standard--A numerical value as determined under section 303 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.303) and § 250.304, except for subsection (d), §§ 250.305 and 250.308 (relating to MSCs for groundwater; MSCs for soil; and soil to groundwater pathway numeric values).
* * * * * TENORM--Technologically Enhanced Naturally Occurring Radioactive Materials--A naturally occurring radioactive material not subject to regulation under the laws of the Commonwealth or the Atomic Energy Act of 1954, whose radionuclide concentrations or potential for human exposure have been increased above levels encountered in the natural state by human activities.
* * * * * Thermal processing--A method, technique or process, excluding incineration and autoclaving, designed to disinfect infectious waste by means of exposure to high thermal temperatures through methods such as ionizing radiation or electric or plasma arc technologies.
* * * * * Transuranic radioactive material--Material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium and curium.
* * * * * Unrecognizable infectious waste--All components of the waste have been processed to produce indistinguishable and unusable pieces smaller than 3/4 of an inch, except that all sharps must be smaller than 1/2 inch. The term does not mean compaction or encapsulation except through:
(i) Processes such as thermal treatment or melting, during which disinfection and destruction occur.
(ii) Processes such as shredding, grinding, tearing or breaking, during or after disinfection occurs.
(iii) Processes that melt plastics and fully encapsulate metallic or other sharps and seals waste completely in a container that will not be penetrated by untreated sharps.
* * * * * Waste--A material whose original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed of, processed or beneficially used. The term does not include source separated recyclable materials, material approved by the Department for beneficial use under a beneficial use order issued by the Department prior to May 27, 1997, or material which is beneficially used in accordance with a general permit issued under Subchapter I (relating to beneficial use) or Subchapter J (relating to beneficial use of sewage sludge by land application) if a term or condition of the general permit excludes the material from being regulated as a waste.
* * * * * Wetlands--Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
* * * * * § 271.2. Scope.
(a) This chapter specifies certain general procedures and rules for persons who operate municipal waste management facilities. This chapter, together with Chapters 273, 275, 277, 279, 281, 283, 284 and 285, specifies the Department's requirements for municipal waste processing, disposal, transportation, collection and storage.
(b) Management of the following types of residual waste is subject to this article instead of Article IX (relating to residual waste management), and shall be regulated as if the waste is municipal waste, regardless of whether the waste is a municipal waste or residual waste.
(1) Construction/demolition waste, except construction/demolition waste with greater than 4 ppm PCBs.
(2) Infectious and chemotherapeutic waste.
(3) Leaf waste and grass clippings.
(4) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(c) Management of the following types of waste is subject to Article IX instead of this article, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:
(1) Water supply treatment plant sludges.
(2) Waste oil that is not hazardous waste.
(3) Waste tires and auto fluff.
(4) Contaminated soil.
(5) Used asphalt.
(6) Dredged material.
(d) The disposal, processing, storage and transportation at a municipal waste management facility of the following types of special handling waste is subject to the applicable additional requirements for the disposal, processing, storage and transportation of these wastes in Article IX, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:
(1) Friable asbestos containing waste.
(2) PCB containing waste.
§ 271.3. Environmental protection.
(a) The Department may, in writing, request information from a permit applicant or operator not specifically identified in this article that the Department deems necessary to implement the purpose and provisions of the act, the environmental protection acts and the regulations promulgated thereunder, including a provision of this article.
(b) The Department may, in issuing a permit under this article, impose terms and conditions the Department deems necessary to implement the provisions and purposes of the act, the environmental protection acts and the regulations promulgated thereunder, including this article.
§ 271.4. Computerized data submission.
(a) Data required under this article may be submitted electronically or on magnetic or optic storage media in a format specified by the Department, if authorized by the Department.
(b) Data required under this article shall be submitted electronically or on magnetic or optic storage media in a format specified by the Department, if required by the Department.
(c) The Department may require a different scale than required in the application and operation requirements in this article to facilitate the use of data on maps, reports and plans submitted electronically or on magnetic or optic storage media.
§ 271.5. Public records and confidential information.
(a) Except as provided in subsection (b), records, reports or other information submitted to the Department under this article shall be available to the public for inspection or copying during regular business hours.
(b) The Department may, upon request, designate records, reports or other information as confidential when the person or municipality providing the information demonstrates the following:
(1) The information contains trade secrets, processes, operations, style of work or apparatus of a person or municipality or is otherwise confidential business information.
(2) The information is not emission or discharge data or other information that relates to public health, safety, welfare or the environment.
(c) When submitting information under this article, a person or municipality shall designate the information which the person or municipality believes is confidential or shall submit that information separately from other information being submitted.
(d) Information which the Department determines to be confidential under this section will not be made available to the public.
(e) This section does not prevent the disclosure of information to the Federal Government or other State agencies as may be necessary for purposes of administration of Federal or State Law.
(f) This section does not prevent the disclosure of information submitted to the Department as part of a general permit application under § 271.821 (relating to the application for general permit) which meets one of the following:
(1) The Department is required to make the information available to the public as part of the general permit.
(2) The Department determines that it is necessary to disclose the information during the comment period for the general permit to obtain informed public comment on the general permit.
Subchapter B. GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
REQUIREMENT § 271.101. Permit requirement.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a municipal waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the facility from the Department under the requirements of this article.
(b) A person or municipality is not required to obtain a permit:
(1) For the use or application of agricultural waste in normal farming operations, unless the proposed use or application of the waste may cause pollution to air, water or other natural resources of this Commonwealth.
(2) For a source separation and collection program for recycling municipal waste, or for dropoff points, or collection or processing centers for source separated recyclable materials.
(3) For the use as clean fill of the following materials if they are separate from other waste:
(i) Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(4) For temporary storage, which facilitates the transportation or transfer of infectious or chemotherapeutic waste, that does not exceed 24 hours. The stored waste shall remain in its original packaging, as received for storage.
(5) For the use of waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material if the waste is not hazardous. A person managing waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material, shall implement best management practices. The Department will prepare a manual for the management of waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for managing waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material, the Department may require compliance with the disposal, composting, processing and storage operating requirements of Chapters 271, 281, 283 and 285.
(c) Subsection (b) does not relieve a person or municipality of the requirements of an applicable environmental protection act or an applicable regulation promulgated under it. Notwithstanding subsection (b), the Department may require a person or municipality to apply for, and obtain, an individual or general solid waste permit, or take other appropriate action, when the person or municipality is conducting a solid waste activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
§ 271.102. (Reserved).
§ 271.103. Permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements.
* * * * * (d) Captive processing facility. A facility that processes municipal waste that is generated solely by the operator, onsite or offsite, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)--(c), the following conditions are met:
* * * * * (5) For special handling waste, the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
* * * * * (f) Incinerator. A municipal waste incinerator located at the generation site shall be deemed to have a municipal waste permit under this article if, in addition to the requirements of subsections (a)--(c), the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility and the facility meets one of the following:
* * * * * (h) Yard waste composting facility. A person or municipality that operates a yard waste composting facility that is less than 5 acres, other than an individual backyard composting facility, shall be deemed to have a municipal waste processing permit-by-rule if the person or municipality meets the requirements of subsections (a)--(c), the facility is operated in accordance with the Department's guidelines on yard waste composting and the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
EXISTING FACILITIES § 271.111. (Reserved).
§ 271.112. (Reserved).
§ 271.113. Closure plan.
(a) The Department may require a person or municipality that closed a municipal waste landfill, construction/demolition waste landfill or municipal waste disposal impoundment after September 7, 1980, and before April 9, 1988, to submit a closure plan to the Department under this section. The person or municipality shall submit the closure plan to the Department within 6 months after receiving written notice.
(b) A closure plan for municipal waste landfills or municipal waste disposal impoundments submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:
(1) Final cover and grading requirements in § 273.234 (relating to final cover and grading).
(2) Sedimentation and erosion control requirements in § 273.242 (relating to soil erosion and sedimentation control).
(3) Revegetation requirements in §§ 273.235 and 273.236 (relating to revegetation; and standards for successful revegetation).
(4) Water quality monitoring requirements in §§ 273.281--273.288 (relating to water quality monitoring).
(5) Leachate management requirements in §§ 273.271--273.277 (relating to leachate treatment).
(6) Gas venting and monitoring requirements in § 273.292 (relating to gas control and monitoring).
(7) Bonding and insurance requirements in Subchapter D (relating to financial assurances requirements).
(c) A closure plan for construction/demolition waste landfills submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:
(1) Final cover and grading requirements in § 277.233 (relating to final cover and grading).
(2) Sedimentation and erosion control requirements in § 277.242 (relating to soil erosion and sedimentation control).
(3) Revegetation requirements in § 277.235 (relating to standards for successful revegetation).
(4) Water quality monitoring requirements in §§ 277.281--277.288 (relating to water quality monitoring).
(5) Leachate management requirements in §§ 277.271--277.277 (relating to leachate treatment).
(6) Bonding and insurance requirements in Subchapter D.
(d) The Department may waive or modify the applicable regulations concerning subsection (b)(1)--(6) or subsection (c)(1)--(5) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.
(e) The Department may approve, approve with modifications or disapprove a closure plan submitted under this subchapter.
(f) A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.
(g) Groundwater degradation at a municipal waste landfill which ceased receiving waste between September 7, 1980, and October 9, 1993, and groundwater degradation at a construction/demolition waste landfill or municipal waste disposal impoundment which ceased receiving waste after September 7, 1980 and before April 9, 1988, shall be remediated in accordance with one of the following:
(1) An approved closure plan, permit or any prior administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department.
(2) The remediation standards for other facilities in § 271.342(b)(4) (relating to final closure certification).
(h) A person or municipality may request final closure certification under § 271.342 (relating to final closure certification) upon completion of a closure plan approved under this section.
§ 271.114. Transition period.
A person or municipality possessing a permit for a municipal waste disposal or processing facility which was issued by the Department prior to December 23, 2000, shall file with the Department an application for permit modification to bring the facility operation into compliance with the following requirements for radioactive material monitoring and detection that became effective on December 23, 2000, according to the following schedule, unless the Department imposes in writing an earlier date in a specific situation for reasons of public health, safety or environmental protection:
(1) Municipal waste landfill. An application for a permit modification addressing the requirements of §§ 273.133(a)(14) and 273.140(a) (relating to map and grid requirements and radiation protection action plan) shall be filed by December 23, 2001.
(2) Construction/demolition waste landfills. An application for a permit modification addressing the requirements of §§ 277.133(a)(14) and 277.140 (relating to map and grid requirements and radiation protection action plan) shall be filed by December 23, 2001.
(3) Municipal waste transfer facility. An application for a permit modification addressing the requirements of §§ 279.103(a)(18) and 279.110 (relating to maps and related information; and radiation protection action plan) shall be filed by December 23, 2002.
(4) Commercial municipal waste composting facility that will receive sewage sludge or unseparated municipal waste, or both. An application for a permit modification addressing the requirements of §§ 281.112(a)(20) and 281.119 (relating to maps and related information; and radiation protection action plan) shall be filed by June 23, 2001.
(5) Resource recovery and other processing facilities. Including infectious and chemotherapeutic waste processing facilities, an application for a permit modification addressing the requirements of §§ 283.103(20) and 283.113 (relating to maps and related information; and radiation protection action plan) shall be filed by September 23, 2001.
GENERAL APPLICATION REQUIREMENTS § 271.122. Form of application.
(a) An application for a permit under this article shall be submitted to the Department, in writing, on forms provided by the Department.
(b) An application for a permit shall be accompanied by information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Department to determine compliance with this article.
(c) Information in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the Department.
(d) An application for a permit shall be prepared by or under the supervision of a Pennsylvania registered professional engineer. The design section of the application shall bear the seal of a Pennsylvania registered professional engineer. The soils, geology and groundwater sections of a permit application shall be completed by experts in the fields of soil science, soil engineering, geology and groundwater. The geology and groundwater sections of a permit application also shall be completed under the supervision of a registered professional geologist licensed in Pennsylvania.
(e) To the greatest extent feasible, a permit application shall be submitted to the Department on paper that is manufactured partly or entirely from postconsumer material.
§ 271.123. Right of entry.
(a) An application shall contain a description of the documents upon which the applicant bases the legal right to enter and operate a municipal waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.
(b) The application shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the applicant by the current landowner to operate a municipal waste processing or disposal facility.
(2) A copy of the document of conveyance that expressly grants or reserves the applicant the right to operate a municipal waste processing or disposal facility and an abstract of title relating the documents to the current landowner.
(c) An application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for up to 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.
(d) The forms required by subsections (b) and (c) shall be deemed to be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 275 (relating to land application of sewage sludge) nor to permits issued under Subchapter J (relating to beneficial use of sewage sludge by land application).
(e) Subsequent landowners shall be deemed to have constructive knowledge if the forms required by this section have been properly filed at the office of the recorder of deeds in the county in which the proposed solid waste activity is situated.
§ 271.124. Identification of interests.
(a) An application for a municipal waste processing or disposal permit shall contain the following information on a form provided by the Department:
(1) The names, addresses and telephone numbers of:
(i) The permit applicant.
(ii) Any contractor, including a contractor for gas or energy recovery from the proposed operation, if the contractor is a person other than the applicant.
(iii) Related parties to the applicant, including the relationship to the applicant.
(2) The names and addresses of the owners of record of surface and subsurface areas within, and continguous to, parts of the proposed permit area.
(3) The names and addresses of the holders of record to a leasehold interest of surface and subsurface areas within, and contiguous to, parts of the proposed permit area.
(b) An application shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, government agency, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the application shall contain the following information, if applicable:
(1) The names and addresses of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.
(2) For corporations, the principal shareholders.
(3) For corporations, the names, principal places of business and Internal Revenue Service tax identification numbers of United States parent corporations of the applicant, including ultimate parent corporations and United States subsidiary corporations of the applicant and the applicant's parent corporations.
(4) The names and addresses of other persons or entities having or exercising control over any aspect of the proposed facility that is regulated by the Department, including, but not limited to, associates and agents.
(c) If the applicant or an officer, principal shareholder, general or limited partner, limited liability company member or manager or other related party to the applicant, has a beneficial interest in, or otherwise manages or controls another person or municipality engaged in the business of solid waste collection, transportation, storage, processing, treatment or disposal, the application shall contain the following information:
(1) The name, address and tax identification number or employer identification number of the corporation or other person or municipality.
(2) The nature of the relationship or participation with the corporation or other person or municipality.
(d) An application shall list permits or licenses, issued by the Department under the environmental protection acts to each person or municipality identified in subsection (b) and to other related parties to the applicant, that are currently in effect or have been in effect in at least part of the previous 10 years. This list shall include the type of permit or license, number, location, issuance date and, when applicable, the expiration date.
(e) An application shall identify the solid waste processing or disposal facilities in this Commonwealth which the applicant or a person or municipality identified in subsection (b) and other related parties to the applicant currently owns or operates, or owned or operated in the previous 10 years. For each facility, the applicant shall identify the location, type of operation and State or Federal permits under which they operate or have operated. Facilities which are no longer permitted or which were never under permit shall also be listed.
§ 271.125. Compliance information.
(a) An application shall contain the following information for the 10-year period prior to the date on which the application is filed:
(1) A description of notices of violation, including the date, location, nature and disposition of the violation, that were sent by the Department to the applicant or a related party, concerning the act, the environmental protection acts, a regulation or order of the Department or a condition of a permit or license. In lieu of a description, the applicant may provide a copy of notices of violation.
(2) A description of administrative orders, civil penalty assessments and bond forfeiture actions by the Department, and civil penalty actions adjudicated by the EHB, against the applicant or a related party concerning the act, the environmental protection acts or a regulation or order of the Department or a condition of a permit or license. The description shall include the date, location, nature and disposition of the actions. In lieu of a description, the applicant may provide a copy of the orders, assessments and actions.
(3) A description of summary, misdemeanor or felony convictions, pleas of guilty or pleas of no contest that have been obtained in this Commonwealth against the applicant or a related party under the act and the environmental protection acts, or under other acts in this Commonwealth concerning the storage, collection, treatment, transportation, processing or disposal of solid waste. The description shall include the date, location, nature and disposition of the actions.
(4) A description of court proceedings concerning the act or the environmental protection acts that were not described under paragraph (3), in which the applicant or a related party has been a party. The description shall include the date, location, nature and disposition of the proceedings.
(5) A description of consent orders, consent adjudications, consent decrees or settlement agreements in this Commonwealth entered by the applicant or a related party concerning the act, the environmental protection acts or an environmental protection ordinance, in which the Department, the EPA or a county health department was a party. The description shall include the date, location, nature and disposition of the action. In lieu of a description, the applicant may provide a copy of the order, adjudication, decree or agreement.
(6) For facilities and activities identified under § 271.124 (relating to identification of interests), a statement of whether the facility or activity was the subject of an administrative order, consent agreement, consent adjudication, consent order, settlement agreement, court order, civil penalty, bond forfeiture proceeding, criminal conviction, guilty or no contest plea to a criminal charge or permit or license suspension or revocation under the act or the environmental protection acts. If the facilities or activities were subject to these actions, the applicant shall state the date, location, nature and disposition of the violation. In lieu of a description, the applicant may provide a copy of the appropriate document. The application shall also state whether the Department has denied a permit application filed by the applicant or a related party, based on compliance status.
(7) When the owner or operator is a corporation, partnership or limited liability company, a list of each principal shareholder, partner or member that has also been a principal shareholder, partner or member of another corporation, partnership or limited liability company which has committed violations of the act or the environmental protection acts. The list shall include the date, location, nature and disposition of the violation, and shall explain the relationships between the principal shareholder, partner or member and both of the following:
(i) The owner or operator.
(ii) The other corporation, partnership or limited liability company.
(8) A description of misdemeanor or felony convictions, pleas of guilty and pleas of no contest, by the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the convictions or pleas, and the date, location and nature of the offense.
(9) A description of final administrative orders, court orders, court decrees, consent decrees or adjudications, consent orders, final civil penalty adjudications, final bond forfeiture actions or settlement agreements involving the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the action and the location and nature of the underlying violation. In lieu of a description, the applicant may provide a copy of the appropriate document.
(b) If the waste to be disposed or processed is generated outside the county in which the facility is proposed to be located, the application shall also include a description of applicable State and local laws, including State and local solid waste management plans adopted under those laws, that may affect, limit or prohibit the transportation, processing or disposal of the waste at the proposed facility. The application shall state whether or not disposal or processing of waste from each generating county may violate each applicable law or plan.
§ 271.126. Requirement for environmental assessment.
(a) Except as provided in subsection (b), an application for a municipal waste disposal or processing permit shall include an environmental assessment on a form prescribed by the Department.
(b) The following permit applications do not require an environmental assessment unless the Department determines that the facility may have a significant effect on the environment:
(1) Permit applications for the beneficial use of municipal waste.
(2) Permit applications for the processing of municipal waste under Subchapter I (relating to beneficial use).
(3) Permit modification applications that are not for major modifications under § 271.144 (relating to public notice and public hearings for permit modifications).
(c) For facilities which have previously been subject to the environmental assessment process, the Department will limit the scope of review under that process to the following:
(1) Proposed modifications to the facility.
(2) Changes in the areas covered by the assessment that have occurred since the assessment was conducted.
§ 271.127. Environmental assessment.
(a) Impacts. Each environmental assessment in a permit application shall include at a minimum a detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including traffic, aesthetics, air quality, water quality, stream flow, fish and wildlife, plants, aquatic habitat, threatened or endangered species, water uses, land use and municipal waste plans. The applicant shall consider features such as scenic rivers, recreational river corridors, local parks, State and Federal forests and parks, the Appalachian Trail, historic and archaeological sites, National wildlife refuges, State natural areas, National landmarks, farmland, wetland, special protection watersheds designated under Chapter 93 (relating to water quality standards), airports, public water supplies and other features deemed appropriate by the Department or the applicant. The permit application shall also include all correspondence received by the applicant from any State or Federal agency contacted as part of the environmental assessment.
(b) Harms. The environmental assessment shall describe the known and potential environmental harms of the proposed project. The applicant shall provide the Department with a written mitigation plan which explains how the applicant plans to mitigate each known or potential environmental harm identified and which describes any known and potential environmental harms not mitigated. The Department will review the assessment and mitigation plans to determine whether there are additional harms and whether all known and potential environmental harms will be mitigated. In conducting its review, the Department will evaluate each mitigation measure and will collectively review mitigation measures to ensure that individually and collectively they adequately protect the environment and the public health, safety and welfare.
(c) Municipal waste landfills, construction/demolition waste landfills and resource recovery facilities. If the application is for the proposed operation of a municipal waste landfill, construction/demolition waste landfill or resource recovery facility, the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(d) Other facilities. If the application is for the proposed operation of another type of facility and the applicant or the Department upon review determines that known or potential environmental harm remains despite the mitigation measures described in subsection (b), the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(e) Identification of harms and benefits. Known and potential harms and benefits of a proposed project may also be identified by the Department or any other person or municipality.
(f) Need. The description required by subsections (c) and (d) may include an explanation of the need for the facility, if any. Simply adding new capacity does not establish need for a facility.
(g) Evaluation. After consultation with other appropriate agencies and potentially affected persons, the Department will evaluate the environmental assessment in Phase I of permit review or otherwise prior to technical review.
(h) Revision. The Department may require submission of a revised environmental assessment if additional harms or potential harms are discovered during any phase of permit application review.
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