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PA Bulletin, Doc. No. 03-2154


Proposed General Permit WMGR096 to Beneficially Use Residual Waste

[33 Pa.B. 5573]

   The Department of Environmental Protection (Department) proposes to authorize, under General Permit WMGR096, the beneficial use of regulated fill as construction material for the following activities: to bring an area to grade; to control runoff; and to limit infiltration. ''Regulated fill'' is contaminated soil, contaminated dredged material, contaminated used asphalt, historic fill and contaminated brick, block or concrete from construction and demolition activities that is separate from other waste and recognizable as such. The proposed general permit includes maximum concentration limits, sampling and analysis requirements, siting limitations, deed notice requirements, recordkeeping requirements and provisions for ecological protection. This will be a Statewide residual waste general permit.

   The Department is authorized under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and 25 Pa. Code § 287.611 (relating to authorization for general permit) to issue general permits for any category of beneficial use or processing that results in beneficial use of residual and municipal waste on a Statewide basis when the Department determines that the use does not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions. The Department has determined that regulated fill as construction material can be adequately regulated using standard conditions. The proposed general permit does not apply to clean fill as defined in draft technical guidance for clean fill, DEP ID No. 258-2182-773 (33 Pa.B. 5572 (November 8, 2003)).

   Persons requesting approval to operate under the terms of the general permit will be required to register with the Department's Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472. The following minimum information will be required to obtain the registration:

   a.  Name and street address of the registrant.

   b.  Name of the generator of the regulated fill and locations of the regulated fill generating sites.

   c.  Name, location, area and ownership of the location of beneficial use.

   d.  Documentation that the regulated fill meets the conditions of the general permit and that the beneficial use activities will be consistent with the permit.

   e.  A signed and notarized statement by the registrant that the registrant accepts all the terms and condition included in the general permit.

   f.  Proof that the applicant has legal right to enter the land and perform the activities in the general permit and an irrevocable written consent from the landowner giving the Department permission to enter upon land where the applicant will be conducting waste management activities.

   g.  Information that identifies the applicant (that is, individual, corporation, partnership, government agency, association, and the like), including the names and addresses of every officer that has a beneficial interest in or otherwise controls the operation of the company.

   h.  A list of all previous permits or licenses issued to the applicant or any related parties by the Department or Federal government under the environmental protection acts and compliance history concerning those acts.

   i.  Proof that any independent contractors retained by the applicant to perform activities authorized under this permit are in compliance with State and Federal laws and regulations relating to environmental protection.

   j.  A $250 registration application fee as specified in the residual waste management regulations payable to the ''Commonwealth of Pennsylvania.''

   Comments concerning the proposed general permit application should be directed to William F. Pounds, Chief, Division of Municipal and Residual Waste, 14th Floor, RCSOB, Bureau of Land Recycling and Waste Management, 400 Market Street, Harrisburg, PA 17105-8472, (717) 787-7381, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. Comments submitted by facsimile will not be accepted. Public comments must be submitted on the proposed general permit application by January 9, 2004, and may recommend additional conditions or revisions to or approval or denial of the proposed general permit.

   Persons interested in obtaining more information or copies of the proposed general permit may contact the Division of Municipal and Residual Waste at the previous phone number or through the AT&T Relay Service. The proposal is also available on the Department's website at (DEP Keyword: Participate; scroll down to ''Proposals Open for Comment'').


[Pa.B. Doc. No. 03-2154. Filed for public inspection November 7, 2003, 9:00 a.m.]

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