[30 Pa.B. 6685]
[Continued from previous Web Page]
BOND AND TRUST REQUIREMENTS--RELEASE § 271.341. Release of bonds.
(a) An operator seeking a termination of a trust for a municipally operated landfill established under § 271.301(c) (relating to scope) or release of a bond previously submitted to the Department shall file a written request with the Department for termination of the trust or for release of all or part of the bond amount posted for the facility as part of a request for bond or trust adjustment under § 271.332 (relating to bond and trust amount adjustments), or after certification of closure of the facility. Requests for trust termination or for withdrawals from trusts for municipally operated landfills established under § 271.301(c) shall comply with the requirements of § 271.343 (relating to withdrawals from municipal trust).
(b) The application for a bond release shall contain the following:
(1) The name of the operator and identification of the facility for which the bond release is sought.
(2) The total amount of bond in effect for the facility and the amount for which release is sought.
(3) A detailed explanation of why the bond release is requested, including, but not limited to, completion of a measure carried out in preparation for closure as defined in the closure plan or otherwise discernible upon inspection of the facility, closure of the facility, completion of postclosure measures, abatement measures taken and amendments to the permit or changes in the facts or assumptions made during the bond amount determination which demonstrate and would authorize a release of part or all of the bond deposited for the facility.
(4) A revised cost estimate for closure and postclosure care under § 271.331 (relating to bond and trust amount determination).
(c) Upon receipt of a written request for bond release under this section, the Department will inspect the facility to verify the accuracy of the information provided in the application for the bond release by the operator, as required by § 271.342 (relating to final closure certification).
(d) The Department will evaluate the bond release request as if it were a request for a new bond amount determination under § 271.331. If the new bond amount determination would require less bond amount for the facility than the amount already on deposit, the Department may release the portion of the bond amount which is not required for the facility, subject to the public notice and comment provisions of this chapter. If the new bond amount determination requires an additional amount of bond for the facility, the Department will require the additional amount to be deposited for the facility.
(e) A request for a bond release under this section upon final closure, or anytime after final closure, shall be, for the purpose of providing public notice and comment, considered a major permit modification and shall satisfy the public notice and comment requirements for major permit modifications under §§ 271.141--271.143 (relating to public notice by applicant; public notice by Department; and public comments) unless waived, in writing, by the Department. The Department may waive the public notice and comment requirement for a particular bond release when a definite schedule of bond release has been set forth in an approved closure plan, a permit or an order of the Department, and the closure plan, permit or order has met the public notice and comment requirements of this chapter.
(f) Upon receipt of a written request for a bond release under this section, the Department will, within 12 months prior to the expiration of the 10-year period following final closure, conduct a final inspection of the facility. The purpose of the inspection is to determine compliance with the act, the environmental protection acts, this title, the terms and conditions of the permit, orders of the Department and the terms and conditions of the bond. Based upon this determination, the Department will either forfeit the bond prior to the expiration of the 10-year period following final closure or release the bond at the expiration of the 10-year period following final closure.
(g) The following apply with regard to bond release:
(1) The Department will not release a bond amount deposited for a facility if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete closure and postclosure care, including long term maintenance of remediation measures, and to take measures that are necessary to prevent adverse effects upon the environment or public health, safety or welfare under the act, the environmental protection acts, this title, the terms and conditions of the permits and orders of the Department.
(2) The release of a bond by the Department does not constitute a waiver or release of other liability provided in law, nor does it abridge or alter rights of action or remedies of a person or municipality presently or prospectively existing in equity or under criminal and civil common or statutory law. The release of a bond does not discharge an owner or an operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
(3) The Department may grant bond releases immediately upon final closure, for facilities other than landfills, if it is clearly demonstrated that further monitoring, restoration or maintenance is not necessary to protect the public health, safety and welfare and the environment.
§ 271.342. Final closure certification.
(a) If the operator of a municipal waste processing or disposal facility believes that closure and postclosure requirements applicable to the facility have been met, the operator may file a request for final closure certification with the Department.
(b) The Department will not issue a final closure certification unless the operator demonstrates that:
(1) The applicable operating requirements of the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department have been complied with.
(2) For a municipal waste landfill permitted on or after December 23, 2000, one of the following remediation standards is met and maintained at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer:
(i) For constituents for which an MCL has been promulgated under the Federal Safe Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. §§ 300f--300j-18; and 35 P. S. §§ 721.1--721.17), the MCL for that constituent.
(ii) For constituents for which MCLs have not been promulgated, the background standard for the constituent.
(iii) For constituents for which the background standard is higher than the MCL or alternative groundwater protection standard identified under subparagraph (iv), the background standard.
(iv) For constituents for which MCLs have not been established, an alternative groundwater protection standard that satisfies the following criteria:
(A) The level is derived in a manner consistent with Department guidelines for assessing the health risks of environmental pollutants.
(B) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2692) or other scientifically valid studies approved by the Department.
(C) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1 × 10-4 to 1 × 10-6 range.
(D) For systemic toxicants, the level 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. For purposes of this clause, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.
(3) For a municipal waste landfill that received waste between October 9, 1993, and December 23, 2000, one of the following is met and maintained:
(i) Groundwater remediation standards, including points of compliance, identified in a closure plan approved prior to December 23, 2000.
(ii) Groundwater remediation standards identified in paragraph (2), including the points of compliance.
(4) For other facilities, one of the following groundwater remediation standards is met and maintained at the identified compliance points:
(i) The Statewide health standard at and beyond the property boundary.
(ii) The background standard at each well selected to determine the extent of contamination, as identified in § 273.286(c)(1) (relating to groundwater assessment plan).
(iii) The site-specific standard at and beyond the property boundary.
(5) No further remedial action, maintenance or other activity by the operator is necessary to continue compliance with the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department.
(6) The facility is not causing adverse effects on the environment and it is not causing a nuisance.
(c) For facilities other than municipal waste landfills, the Department may approve a compliance point beyond the property boundary up to a water source for measuring compliance with secondary contaminants under subsection (b)(4)(i) or (iii).
(d) Upon a request for final closure certification, the Department will inspect the facility to verify that final closure has been completed as provided in subsection (b).
(e) The date of the Department's final closure certification shall be the date of commencement of the 10-year bond liability period following final closure.
(f) The final closure certification is not a guarantee of future performance nor does it constitute a waiver or release of bond liability or other liability existing in law or equity for adverse environmental effects or conditions of noncompliance existing at the time of the notice or which might occur at a future time, for which the operator remains expressly liable. The issuance of a final closure certification does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
(g) If after the issuance of a certification of final closure, the Department determines that additional postclosure measures are required to abate or prevent adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the operator setting forth the schedule of measures to be taken to bring the facility into compliance. The measures include, but are not limited to, the applicable requirements of this article.
(h) If, after the issuance of a certification of final closure, the Department determines that the level of risk is increased beyond the acceptable range at a facility due to substantial changes in exposure conditions, such as in a change in land use from a nonresidential to a residential use, or new information is obtained about a substance associated with the facility which revises exposure assumptions beyond the acceptable range, additional remediation shall be required.
(i) For purposes of this section, ''property boundary'' is the delineation of the parcel of land as described in the deed existing on the date the facility ceases to accept waste.
§ 271.343. Withdrawals from municipal trust.
(a) Except for purposes of investing and reinvesting the moneys in the trust fund by the trustee, no withdrawals may be made from the trust fund prior to certification by the Department of the abandonment of the landfill under § 271.351 (relating to forfeiture determination) or prior to the certification of closure of the landfill under § 273.203(a)(10) (relating to certification). The Department will provide the trustee with a copy of the certification of abandonment.
(b) The trustee shall withdraw and pay over moneys from the trust fund only upon receipt of a written request of the municipality or municipal authority. The trustee may not honor the written request of the municipality or municipal authority unless it has been approved by the Department.
(c) Written requests to the Department to withdraw and pay over moneys from the trust fund to the operator shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The total amount of the trust corpus for the facility, the amount of the withdrawal request and the balance remaining in the trust.
(3) A detailed explanation of why the withdrawal is requested, including, but not limited to, completion of a stage of postclosure as defined in the closure plan or otherwise discernible upon inspection of the facility, completion of postclosure remedial measures, abatement measures taken and amendments to the permit or changes in the facts or assumptions made during the trust corpus amount determination.
(4) A revised cost estimate for closure and postclosure care under § 271.331 (relating to bond and trust amount determination) based on the costs to complete final closure after the completion of the activities specified in the request as detailed in paragraph (3).
(d) Written requests made of the trustee to withdraw and pay over moneys from the trust fund shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The total amount of the trust corpus for the facility, the amount of the withdrawal request and the balance remaining in trust.
(3) A copy of the Department's written approval.
(e) When a written request to terminate or withdraw and pay over moneys from the trust fund is received by the trustee or the Department, the recipient shall immediately provide a copy of the request to the municipality in which the landfill is located.
(f) The trustee, immediately on preparation, shall provide a copy of a document effectuating a withdrawal from the trust fund to the Department and to the municipality in which the landfill is located.
(g) The Department will notify the trustee, in writing, of the Department's certification of final closure of the landfill under § 271.342 (relating to final closure certification). Upon receipt of this notification, the trustee shall take the necessary steps to terminate the trust fund. Upon termination of the trust fund, remaining trust property, less final trust administration expenses of the trustee, shall be returned to the settlor municipality or municipal authority.
Subchapter E. CIVIL PENALTIES AND ENFORCEMENT
CIVIL PENALTIES § 271.413. Assessment of penalties--minimum penalties.
(a) This section sets forth minimum civil penalties for certain violations of the act and regulations thereunder. The Department will assess a civil penalty under § 271.412 (relating to assessment of penalties--general) only if a civil penalty calculated under § 271.412 is greater in amount than the civil penalty calculated under this section.
(b) If a person or municipality operates a permitted municipal waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $5,000 per half acre, or portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(c) If a person or municipality operates a construction/demolition waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $500 per half acre, or a portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(d) If a person or municipality applies sewage sludge to an area for which the person or municipality was not permitted to apply the sludge, the Department will assess a minimum civil penalty of $1,000 per acre or portion thereof.
(e) If a person or municipality applies sewage sludge under a permit, and the sewage sludge does not meet the physical, chemical or biological quality specified in the permit, the Department may assess a minimum civil penalty of $1,000 per occurrence.
(f) If a person or municipality transporting residential septage fails to submit the notice to the Department required by § 285.225 (relating to transportation of residential septage), the Department may assess a minimum civil penalty of $500 for the first offense and a minimum civil penalty of $1,000 for each subsequent offense.
(g) If a person or municipality fails to provide notification on a timely basis of an incident for which a reporting requirement exists in the act, regulations thereunder, the terms or conditions of a permit or order of the Department, the Department will assess a minimum civil penalty of $1,000.
(h) If a person or municipality refuses, hinders, obstructs, delays or threatens an agent or employe of the Department in the course of performance of a duty under the act, including, but not limited to, entry and inspection under any circumstances, the Department will assess a minimum civil penalty of $2,000.
(i) If a person or municipality is applying sewage sludge and has not complied with the training requirements in § 271.915(j) (relating to management practices), th Department may assess a minimum civil penalty of $1,000.
(j) If a violation is included as a basis for an administrative order requiring cessation of solid waste management operations, or for another abatement order, and if the violation has not been abated within the abatement period set in the order, a minimum civil penalty of at least $1,000 will be assessed for each day during which the failure continues. Nothing in this subsection limits the Department's authority to assess an appropriate civil penalty for violations that formed the basis for issuing an order, and that occurred prior to the issuance of the order or prior to a date for compliance in the order.
ENFORCEMENT § 271.421. Administrative inspections.
(a) The Department and its agents and employes will:
(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation.
(2) Require a person or municipality engaged in the storage, transportation, processing, treatment or disposal of municipal waste to establish and maintain records and make reports and furnish information as the Department may prescribe.
(3) Enter a building, property, premises or place where municipal waste is generated, stored, processed, treated, collected, transported or disposed for the purpose of making an investigation or inspection necessary to ascertain the compliance or noncompliance by the person or municipality with the act and regulations thereunder. In connection with an inspection or investigation, samples may be taken of solid, semisolid, liquid or contained gaseous material for analysis. If an analysis is made of the samples, a copy of the results of the analysis shall be furnished within 5 business days after receiving the analysis from the laboratory to the person having apparent authority over the building, property, premises or place.
(b) The Department, its employes and agents will conduct routine inspections as follows:
(1) For municipal waste landfills and construction/demolition waste landfills, at least 12 times per year.
(2) For resource recovery facilities, at least 12 times per year.
(3) For transfer facilities, composting facilities and other processing facilities, at least 4 times per year.
(4) For facilities for the utilization of sewage sludge for land reclamation, at least twice per year.
(c) The Department, its employes and agents intend to conduct inspections under the act of:
(1) Facilities for the agricultural utilization of sewage sludge operating under a permit issued under Chapter 275 (relating to land application of sewage sludge) or a beneficial use order issued prior to January 25, 1997, at least 2 times per year.
(2) Municipal waste processing facilities other than resource recovery facilities, which process or incinerate infectious or chemotherapeutic waste, at least 2 times per year.
(3) Municipal waste processing facilities other than resource recovery facilities, which do not process or incinerate infectious or chemotherapeutic waste, at least once per year.
(4) Hospitals where infectious or chemotherapeutic waste is generated, at least 2 times per year.
(5) Locations other than hospitals where infectious or chemotherapeutic waste is generated, at least once per year.
(6) Facilities subject to permit-by-rule under § 271.102 (relating to permit-by-rule for infectious or chemotherapeutic waste procesing facilities; general requirements) at least once per year.
(7) Facilities and beneficial use areas subject to permit-by-rule under § 271.103 (relating to permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements), a general permit for beneficial use or processing, or both, under Subchapter I (relating to beneficial use), or a permit for the land application of sewage sludge under Subchapter J (relating to beneficial use of sewage sludge by land application), at least once per year.
(d) The Department, its employes and agents may conduct additional inspections, including follow-up inspections, of municipal waste processing, treatment, disposal, storage, collection and transportation facilities to observe a practice or condition related to public health, safety, welfare or the environment, compliance with the act, the environmental protection acts, this title, the terms or conditions of a permit or a requirement of an order.
(e) The Department, its employes and agents may also conduct inspections of municipal waste processing, treatment, disposal, storage, collection or transportation facilities, if a person or municipality presents information to the Department which gives the Department reason to believe that:
(1) A person or municipality may have engaged in unlawful conduct under the act.
(2) A person or municipality may have violated an environmental protection act.
(3) A condition exists which may pose a threat to public health, safety, welfare or the environment.
Subchapter F. DEMONSTRATION FACILITIES § 271.501. Scope.
This subchapter applies to municipal waste processing or disposal facilities, or parts of these facilities, that are based on a new or unique technology for processing or disposing of municipal waste. For purposes of this subchapter, a technology is considered new or unique if it has not previously been demonstrated in this Commonwealth or another comparable area. The Department may approve in writing, as a permit modification, the demonstration of new or unique technology for the processing or disposal of municipal waste at permitted municipal waste processing or disposal facilities if the requirements of this subchapter are met.
§ 271.502. Relationship to other requirements.
(a) An operation that is approved under this subchapter is subject to the requirements of this article.
(b) For an operation that is approved under this subchapter, the Department may waive or modify any application and operating requirements in this article. The Department may not waive or modify Subchapter A, §§ 271.124, 271.125, 271.141 and 271.129, and Sub- chapter D, E or H.
§ 271.504. Operating requirements.
In addition to applicable operating requirements in this article, a person or municipality that operates a demonstration facility shall comply with the following:
(1) The facility may not be larger than the area needed to adequately test the new or unique technology.
(2) No waste may be processed or disposed at the facility after 2 years from the initial processing or disposal of waste at the facility, unless a different period is stated in the permit. The permittee may request permit renewal under § 271.223 (relating to permit renewal).
(3) The operator shall submit periodic reports to the Department concerning the effectiveness and environmental effect of the facility.
(4) The operator shall immediately cease operations and begin cleanup and removal actions if the Department determines that the facility is causing or is likely to cause harm to public health, safety or welfare or to the environment.
(5) Within 90 days from the expiration of the term of the permit, or within another period approved in the permit, the permittee shall submit to the Department an analysis of the effectiveness of the technology, taking into consideration the factors in § 271.503 (relating to application requirements).
(6) If one of Chapter 273, 275, 277, 279, 281 or 283 is not clearly applicable to the facility, the permittee shall annually submit to the Department a nonrefundable permit administration fee of an amount set forth in the approved permit, but not more than $1,800, in the form of a check payable to the ''Commonwealth of Pennsylvania.''
§ 271.505. Public notice of analysis.
The Department will publish in the Pennsylvania Bulletin notice of the availability of the analysis submitted under § 271.504(5) (relating to operating requirements). The notice will request public comment on the analysis and the utility of the analysis in permitting future facilities using the same or similar technology. The Department will also provide written notice of the availability of the analysis to the municipalities in which the facility is located.
Subchapter G. RESIDUAL WASTE; SPECIAL HANDLING WASTE; BENEFICIAL USE OF MUNICIPAL WASTE
ADDITIONAL APPLICATION REQUIREMENTS § 271.611. Chemical analysis of waste.
(a) Application form.
(1) Except as provided in subsection (f), an application for the processing or disposal of residual waste or special handling waste, an application for a general permit for the beneficial use or processing of municipal waste under Subchapter I (relating to beneficial use), or an application or registration under § 271.831 (relating to contents of general permits) for inclusion in a general permit issued under Subchapter I, shall contain the following information for each waste on a form provided by the Department:
(i) The name and location of the generator of the waste.
(ii) A detailed analysis that fully characterizes the physical properties and chemical composition of the waste. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.
(iii) An evaluation of the ability of the waste and the constituents in the waste to leach into the environment.
(iv) A determination of whether the waste is hazardous under Chapter 261, Subchapters A--D.
(v) If the waste will be disposed at a municipal waste landfill or construction/demolition waste landfill, a demonstration that the waste meets the requirements for disposal at the facility.
(2) More than one type of waste from a single generator may be included on a single application, if the information required by this section is separately included for each type of waste.
(3) The analysis required by this subsection shall include a waste sampling plan, including quality assurance and quality control procedures. The plan shall ensure an accurate and representative sampling of the waste.
(4) The Department may, in writing, waive or modify the evaluation required by this subsection for waste to be received at permitted facilities if the following conditions are met:
(i) The applicant has submitted a description of the process by which the waste was generated, a physical description of the waste and a certification that the waste is not hazardous.
(ii) The applicant has demonstrated to the Department's satisfaction that additional analysis is not necessary to determine that waste can be received at the facility without adversely affecting the effectiveness of waste processing operations and established emission and wastewater discharge limits.
(iii) The applicant has demonstrated to the Department's satisfaction that additional analysis is not necessary to determine that waste can be received at the facility without adversely affecting the effectiveness of the liner or leachate treatment systems at a landfill, the attenuating soil base at a construction/demolition waste landfill or established emission and wastewater discharge limits.
(b) Waste generation. Except as provided in subsection (e), an application shall also include a description of the waste generation process, including a description of the raw materials used in the process, the primary chemical reactions which occur during the process, the sequence of events which occur during the process, the points of waste generation in the process and the manner in which each of the wastes is managed subsequent to its generation. A schematic drawing of the process shall be included.
(c) Methodologies. The analytical methodologies used to meet the requirements of subsection (a) shall be those in the most recent edition of the EPA's ''Test Methods for Evaluating Solid Waste'' (SW-846), ''Methods for Chemical Analysis of Water and Wastes'' (EPA 600/4-79-020), ''Standard Methods for Examination of Water and Wastewater,'' prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation or a comparable method subsequently approved by the EPA or the Department.
(d) Quality control. The person taking the samples and the laboratory performing the analysis required by subsection (a) shall employ the quality assurance/quality control procedures described in the EPA's ''Handbook for Analytical Quality Control in Water and Wastewater Laboratories'' (EPA 600/4-79-019) or ''Test Methods for Evaluating Solid Waste'' (SW-846). The laboratory's quality control procedures, as well as the documentation of the use of those procedures, shall be included in the application unless waived by the Department.
(e) Generator information. An applicant may submit information received from a person or municipality under § 287.54 (relating to chemical analysis of waste) to meet the corresponding requirements of this section.
(f) Waiver. The Department may, in writing, waive the requirements of this section for special handling waste, waive or modify the requirements of this section for general permits issued under Subchapter I and waive or modify the chemical analysis requirements under § 271.103 (relating to permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements).
§ 271.612. Source reduction strategy.
An application for the processing or disposal of residual waste shall contain a copy of the source reduction strategy required by § 287.53 (relating to source reduction strategy) for each residual waste to be received at the facility.
§ 271.613. Waste analysis plan.
(a) The application shall include a waste analysis plan for each type of waste proposed to be received at the permitted facility. The plan shall take into account the waste analysis required by § 271.611 (relating to chemical analysis of waste). The plan shall include:
(1) The parameters for which each residual waste will be analyzed and the rationale for the selection of these parameters.
(2) The test methods that will be used to test for these parameters. The test methods shall be the same as those used under § 271.611.
(3) An explanation of the sampling methods that will be used to obtain an accurate and representative sample of the waste to be analyzed, including quality assurance and quality control procedures.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date. The rationale for the frequency shall also be explained.
(b) The application shall also include a plan for screening and managing incoming waste to ensure that the management of the waste is consistent with the permit and this article. Except as otherwise required by the Department, the application shall include at a minimum a plan for checking each load of waste received at the facility for color, odor, texture, physical state and phases of waste.
(c) The application shall describe how rejected waste will be managed, including responsible persons or municipalities and the method by which an alternative processing or disposal facility will be selected.
Subchapter H. GENERAL PERMITS--INFECTIOUS AND CHEMOTHERAPEUTIC WASTE § 271.711. (Reserved).
§ 271.712. (Reserved).
§ 271.721. (Reserved).
§ 271.722. (Reserved).
§ 271.723. (Reserved).
§ 271.724. (Reserved).
§ 271.725. (Reserved).
§ 271.731. (Reserved).
§ 271.732. (Reserved).
§ 271.741. (Reserved).
§ 271.742. (Reserved).
§ 271.743. (Reserved).
§ 271.744. (Reserved).
Subchapter I. BENEFICIAL USE
SCOPE § 271.801. Scope.
(a) This subchapter sets forth requirements for general permits for the processing and beneficial use of municipal waste, except as follows:
(1) This subchapter does not set forth requirements for general permits for the processing or beneficial use of infectious or chemotherapeutic waste.
(2) This subchapter does not set forth requirements for general permits for the beneficial use of sewage sludge by land application, except as provided in § 271.821(b)(6) (relating to application for general permit). A general or individual permit for the beneficial use of sewage sludge not mixed with residual waste will be issued only under Subchapter J (relating to beneficial use of sewage sludge by land application).
(b) An operation that is approved under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Chapter 271, Subchapters A--G, and Chapters 273, 277, 279, 281, 283 and 285 are applicable to the extent required in § 271.832 (relating to waiver and moficiation of requirements).
GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE; AUTHORIZATION AND LIMITATIONS § 271.811. Authorization for general permit.
(a) Under §§ 271.812 and 271.821--271.825, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of municipal waste, if the following are met:
(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.
(2) The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.
(3) The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. The Department will not issue a general permit if the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product presents a greater harm or threat of harm than the use of the produce or ingredient which the waste is replacing.
(b) The Department may issue a general permit upon its own motion under § 271.825 (relating to Department initiated general permits) or upon an application from a person or municipality under §§ 271.821--271.824.
(c) The Department may modify, suspend, revoke, issue or reissue a general permit or coverage under a general permit under this subchapter as it deems necessary to prevent harm or the threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) The Deparmtment may modify, suspend, revoke, issue or reissue a general permit or coverage under a general permit under this subchapter as it deems necessary to prevent violation of or interference with the laws or solid waste management plans of any state, county or municipality.
(e) The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under this article or Article IX (relating to residual waste management), whichever the Department determines is appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportions of municipal and residual wastes. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under this subchapter.
(f) The requirements in this subchapter that apply to municipal waste also apply to residual waste when residual waste is mixed with municipal waste.
(g) The Department will not issue a general permit under this subchapter for the following:
(1) A municipal waste landfill, the use of municipal waste to fill open pits from coal or noncoal mining, or the use of municipal waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste.
(2) A facility or activity which should be covered under the individual permitting process required in this article because of its size and potential to affect the environment adversely or because of its relationship to municipal waste management plans.
(3) The processing or beneficial use of infectious or chemotherapeutic waste.
(4) The beneficial use of sewage sludge by land application for sewage sludge that is not mixed with residual waste.
(5) The use of a waste for construction or operations at a resource recovery facility or disposal facility.
ISSUANCE OF GENERAL PERMITS § 271.821. Application for general permit.
(a) A person or municipality may apply to the Department for the issuance of a general permit for a category of beneficial use of municipal waste or for a category of processing of municipal waste when processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a general permit shall be submitted on a form prepared by the Department and shall contain the following:
(1) A description of the waste to be covered by the general permit, including the physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of § 271.611 (relating to chemical analysis of waste) for a sufficient number of samples of the waste to represent accurately the range of physical properties and chemical characteristics of the waste.
(2) A description of the proposed type of beneficial use or processing activity to be covered by the general permit.
(3) For beneficial use general permits, proposed concentration limits for contaminants in the waste which is to be beneficially used, and a rationale for those limits.
(4) For general permits that involve beneficial use of a processed or unprocessed waste, a detailed demonstration of the efficacy of the waste for the proposed beneficial use, which shall include:
(i) If the waste is to be used as a substitute for a commercial product, a demonstration that the waste is capable of performing the desired functions of the commercial product, and that the waste meets or exceeds applicable ASTM, Department of Transportation or other applicable National, State, local or industry standards or specifications for the material for which the waste is being substituted.
(ii) If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds applciable ASTM, Department of Transportation or other applicable National, State, local or industry standards or specifications for the material for which the waste is being substituted.
(iii) If the waste is to be used in general roadway application or highway construction, a demonstration that approval has been granted by the Department of Transportation Product Evaluation Board, if applicable, for the use of the waste for the intended application.
(iv) If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the municipal waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. This requirement does not apply to general permits for the land application of sewage sludge. The Department may waive or modify this requirement in writing.
(v) If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the leaching analysis of the municipal waste to be beneficially used is no greater than 25 times the primary maximum contaminant level (MCL) for metals and other cations and the primary MCL for contaminants other than metals and cations.
(5) If wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste and the mixture shall meet appropriate standards for use.
(6) For a mixture of sewage sludge and residual waste, a demonstration that the following requirements are met in addition to the other requirements of this subchapter:
(i) The person who prepares the sewage sludge has one of the following:
(A) A permit for operation of the facility issued by the Department under the procedures and requirements of Chapter 91 or 92 (relating to general provisions; and National Pollutant Discharge Elimination System) or this chapter, as applicable.
(B) A permit for operation of the facility in which the sewage sludge is prepared, that is issued or modified by the State in which the facility is located or by the EPA, from which the Department may determine that the sewage sludge and residual waste mixture to be land applied will meet the standards in 40 CFR Part 503 (relating to standards for the use or disposal of sewage sludge).
(ii) The requirements of the following sections are met: §§ 271.902(g), 271.904--271.911, 271.913--271.919 and 271.931--271.933.
(c) Except as provided in subsection (d), an application for the issuance of a general permit under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $1,000.
(d) An application for issuance of a general permit that involves the mixture of residual waste and municipal waste under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $2,000.
(e) The Department may not waive bonding and insurance requirements in Subchapter D (relating to financial assurances requirements) for composting facilities, construction/demolition waste processing facilities, facilities that process municipal waste to produce refuse derived fuel and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.
(f) An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate under a general permit, if a location is known. Proof of this notice, including a copy of the notice and certified or registered mail returned receipt, shall be submitted to the Department.
§ 271.832. Waiver and modification of requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) For an operation that is approved under this subchapter, the Department may waive or modify any application and operating requirements in this article, except the Department may not waive § 271.123 and may not waive or modify Subchapter A, §§ 271.124, 271.125 and 271.129, Subchapter D in accordance with § 271.821(d) or Subchapter E.
Subchapter J. BENEFICIAL USE OF SEWAGE SLUDGE BY LAND APPLICATION
OPERATING REQUIREMENTS § 271.915. Management practices.
* * * * * (h) A person that operates under an individual or general land application of sewage sludge permit issued under this subchapter shall comply with the EPA and the Department guidance documents on the land application of sewage sludge pertaining to conducting sampling and analyses, and calculating the agronomic rate and the cumulative pollutant loading rate.
* * * * *
CHAPTER 272. MUNICIPAL WASTE PLANNING,
RECYCLING AND WASTE REDUCTION
Subchapter A. GENERAL § 272.1. Scope.
This chapter sets forth rights and responsibilities for host counties which have municipal waste facilities within their boundaries, and requirements for municipalities and counties for municipal waste planning, recycling and waste reduction. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management--general provisions).
Subchapter B. HOST COUNTIES § 272.101. County withdrawals from trust fund.
The trustee of a site-specific postclosure trust established under section 1108 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1108) may release moneys from the trust to the county which established the trust upon written request from the county to the trustee in accordance with the Environmental Stewardship and Watershed Protection Act.
§ 272.102. Trust requirements.
(a) A trust fund established under section 1108 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1108) shall meet the following requirements:
(1) The trustee shall be a state-chartered or National bank, or financial institution with trust powers or trust company with offices in this Commonwealth and whose trust activities are examined or regulated by a state or Federal agency. The trustee shall have an office located in the county establishing the trust fund.
(i) The trustee may resign by sending written notice to the Department, the county and the operator of the municipal waste landfill, by certified mail, return receipt requested, of its intention to resign. The resignation may not take effect until the following conditions have been met:
(A) The expiraiton of a 120-day period after the trustee has provided written notice of its intention to resign.
(B) The county has appointed a successor trustee and the successor trustee accepts the appointment.
(ii) If the county fails to appoint a successor trustee or a successor trustee fails to accept the appointment at the expiration of the 120-day period, the trustee may apply to a court of competent jurisdiction for instructions.
(2) The trust shall provide that the operator of the municipal waste landfill and the Department are co-beneficiaries under the trust. The trust may not be subject to assignment, alienation, pledge, attachment, garnishment, sequestration, other legal process or to the claims of creditors.
(3) The trust shall be irrevocable.
(4) The corpus of the trust fund shall consist of moneys paid by the operator of the municipal waste landfill for waste received at the landfill until January 1, 2000, under former section 1108(c) of the Municipal Waste Planning, Recycling and Waste Reduction Act. The payments are computed on the basis of 25¢ per ton, or part thereof, of weighed waste or 25¢ per 3 cubic yards, or part thereof, of measured waste for solid waste received at the landfill for the quarter for which payment was due to be made.
(5) The trustee shall send the Department, in writing on a quarterly basis, a statement of the trust account transactions.
(b) The trustee is authorized to invest and reinvest the principal and income of the trust fund and keep the fund invested as a single fund, without distinction between principal and income. In investing, reinvesting and otherwise managing the trust fund, the trustee shall discharge its duties solely in the interest of the beneficiaries. The trustee shall manage the trust fund with that degree of judgement, skill and care under the circumstances then prevailing which persons of prudence, discretion and intelligence, who are familiar with these matters, exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom as well as the probable safety of their capital.
* * * * * (e) The trustee is authorized to hold cash awaiting investment or distribution for a reasonable period of time without liability for the payment of interest thereon.
(f) The trustee shall annually, at least 30 days prior to the anniversary date of the establishment of the trust fund, furnish to the operator, the county and the Department a statement confirming the value of the trust fund, and the dates and amounts of any payments into the trust from the landfill and withdrawals for administration or a purpose other than investment or reinvestment. The trustee shall value securities in the trust fund at the lesser of market or par value as of no more than 60 days prior to the anniversary date.
§ 272.103. Failure to make payment.
Under § 272.102(a)(5) (relating to trust requirements), if the trustee notifies the Department that a payment due from the operator of the municipal waste landfill has not been received by the trustee, the Department will immediately, in writing, notify the operator that it shall pay to the trustee the payment due within 15 days of the Department's notification. If the operator fails or refuses to pay to the trustee the payment at the expiration of the 15-day period, the Department will proceed or the trustee may proceed to collect the payment in a manner provided by law.
§ 272.104. Operator withdrawals from trust fund.
(a) Withdrawals by the operator may not be made from the trust fund prior to certification by the Department of the closure of the landfill under § 273.203(d) (relating to certification). The Department will provide the trustee with a copy of the certification of closure.
(b) The trustee shall withdraw and pay over moneys from the trust fund to the operator only upon receipt of a written request of the operator. The trustee may not honor the written request of an operator unless the request has been approved by the Department. A payment from the trust to the operator may only be made for remedial measures and emergency actions required by the Department for prevention or abatement of adverse effects on the environment.
(c) Written requests by the operator to the Department for approval of withdrawal of moneys from the trust shall include the following:
(1) The name of the operator and the identification of the facility for which withdrawal is sought.
(2) The date of closure of the facility.
(3) The closure plan for the facility under § 271.113 or § 273.192 (relating to closure plan; and closure plan), or the date the closure plan was previously submitted to the Department or approved by the Department.
(4) The total amount of the trust corpus, the amount of the withdrawal request and the amount that will remain in trust.
(5) A revised cost estimate for closure and postclosure care under § 271.331 (relating to bond and trust amount determination).
(6) A demonstration that the operator has inadequate financial resources to perform the remedial measures or emergency actions for which it is requesting the withdrawal and that the bond issued under the act has been exhausted.
(d) Written requests made by the operator to the trustee to withdraw and pay over moneys from the trust fund shall include the following:
(1) The amount requested to be withdrawn.
(2) The purpose of the withdrawal.
(3) A copy of the Department's written approval.
(e) When the operator makes a request to the Department for approval of a withdrawal from the trust, the operator shall immediately provide a copy of the request to the county and to the municipality in which the landfill is located. When a written request to withdraw and pay over moneys from the trust fund is received by the trustee, the trustee shall immediately provide a copy of the request to the county and to the municipality in which the landfill is located.
(f) After the trustee receives notification of certification of closure from the Department, the trustee shall release moneys from a trust for a municipal waste landfill that operated prior to April 9, 1988, and closed shortly thereafter, if the landfill has no closure bond or a closure bond of less than $10,000 and has not been abandoned for the following postclosure activities, upon written request by the landfill operator and written approval by the Department:
(1) Placement of wells for water quality monitoring.
(2) Placement of gas control devices for gas monitoring.
(3) Placement of leachate collection and treatment system.
(4) Erosion and sedimentation control.
(5) Revegetation and regrading including maintenance of final cover.
(6) Access control.
(7) Other postclosure activities.
(g) The trustee, immediately on preparation, shall provide a copy of a document effectuating a withdrawal from the trust fund by the operator to the county, the municipality in which the landfill is located and the Department.
§ 272.105. County withdrawals from the trust fund for administering the trust fund.
(a) The county may request the trustee to withdraw and pay over to the county moneys as may be necessary to reimburse the county for actual costs incurred by the county in administering the trust fund. The county shall provide documentation necessary to satisfy the trustee that the county's request accurately sets forth the actual costs incurred by the county.
(b) Payments to the county for costs incurred in administering the trust fund may not exceed the lesser of the county's actual costs, or 0.5% of the moneys in the trust fund (including the trust corpus, earnings and profits) on the date of the county's request for payment.
(c) After the trustee receives a copy of certification of closure from the Department, payments to the county for costs incurred in administering the trust may not exceed the lowest of the county's actual costs, 0.5% of the moneys in the trust fund (including the trust corpus, earnings and profits) or the earnings and profits from the trust corpus credited during the billing period.
§ 272.106. Termination of trust.
(a) The Department will notify the trustee, in writing, of the Department's certification of final closure of the landfill under § 271.342 (relating to final closure certification) and one of the following:
(1) The release of the bond.
(2) The termination of a trust provided for a landfill operated by a municipality solely for municipal waste not classified hazardous, if the municipality has provided the trust in lieu of a bond under § 271.301(c) (relating to scope).
(b) Upon receipt of the notification required in subsection (a), the trustee shall take the necessary steps to terminate the trust.
(c) Upon termination of the trust fund, the remaining trust property, less final trust administration expenses of the trustee, shall be given to the county that established the trust for use in a manner consistent with the Environmental Stewardship and Watershed Protection Act.
(d) A trustee may take the necessary steps to terminate a trust at any time prior to the time stated in subsection (a) if all of the moneys have been withdrawn and paid out in accordance with this subchapter.
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