Residual Waste General Permit WMGR096; Base Permit Renewal with Revisions
[52 Pa.B. 3541]
[Saturday, June 18, 2022]
Under the authority of the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003) and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4000.101—4000.1904), the Department of Environmental Protection (Department) is providing notice of the renewal of General Permit No. WMGR096 with revisions on June 18, 2022. This General Permit authorizes the beneficial use of regulated fill, as the term is defined in the Department's Management of Fill Policy (MoFP), Document No. 258-2182-773, as a construction material when moved to a receiving site for use in a construction project. Regulated fill may only be moved to a receiving site, as the term is defined in the MoFP, that meets the following criteria:
• The site is approved for construction.
• The site is zoned and used exclusively for commercial and industrial uses, or if unzoned, is exclusively used for commercial and industrial uses.
Regulated fill may not be moved to a receiving site that is zoned for residential uses (including parks, playgrounds, nursing homes, childcare facilities, schools or other residential-style facilities or recreation areas). Regulated fill does not include fill that has been blended, mixed or treated with the purpose of meeting the definition of ''regulated fill'' and that without being blended, mixed or treated would fail to meet the regulated fill concentration limits, as the term is defined in the MoFP.
The revisions to WMGR096 consist of the following:
• Revision to the definition section, to clarify that WMGR096 is a companion document to the MoFP, and any terms that are not otherwise defined in WMGR096 are incorporated from the MoFP by reference.
• Correction to the referenced section of the Form 20RF in Condition C.9. where fee information is located.
• Revision to Condition C.12., which was proposed to provide existing permittees with 2 years to demonstrate that their permitted site is ''approved for construction'' as the term is defined in the general permit. Based upon comment received, the timeframe has been changed to 1 year.
• Revision to Condition C.16., which was proposed to state that applicants must provide proof that a traffic impact assessment or, if necessary, a traffic impact study, has been conducted, and that the applicant must consult with the primary municipality and neighboring municipalities regarding appropriate transportation routes. Based upon public comment and Department staff discussion, the condition was revised to state that applicants who intend to operate for longer than 1 year, and existing permittees who intend to operate for longer than 1 year from the time the revised WMGR096 is renewed, shall assess traffic impacts for the proposed or existing operation and consult with the municipality where the receiving site is located, neighboring municipalities and the Department of Transportation. Applicants shall provide proof of the assessment and consultation with their applications, and existing permittees have 6 months from the date the revised WMGR096 is renewed to provide it to the appropriate Department Regional Office.
• Deletion of former Condition D.7. and revision to former Condition D.8. (now Condition D.7.). This was done to avoid confusion regarding applicability of permit modifications and new Determinations of Applicability (DOA).
• Revision to former Condition D.9. (now Condition D.8.) to add language stating that regulated fill shall not be placed within the 100-year floodplain unless regulated fill is being placed at an Act 2 site (a site as defined in section 103 of Act 2 (35 P.S. § 6026.103), for which a notice of intent to remediate has been submitted to the Department) provided the placement is in accordance with all other applicable requirements.
• Clarification to former Condition D.10. (now Condition D.9.) to prevent confusion regarding when a regulated fill receiving site must obtain coverage under WMGR096.
• Revision to Condition E.5. to ensure permittees are aware of the procedure for obtaining approval to receive new sources of regulated fill, which involves performing ''environmental due diligence'' in accordance with the MoFP.
• Revision to Condition E.5.c. to ensure the permittee certifies that the information contained in a new source submittal is true and correct to the best of their knowledge.
• Revision to Condition G.1., which states that permittees shall update the recorded deed notice prior to beginning activities to ensure that anyone reviewing the deed notice is aware that regulated fill is being used on the site and to contact the Department for more information. The condition previously stated that permittees must update the deed notice annually.
• Addition of Condition G.2., which states that permittees shall update the recorded deed notice again, upon completion of filling activities at the site, to include the exact location of regulated fill placed on the site and ensure the notice continues to include language directing reviewers to contact the Department for more information about the site.
• Deletion of former Condition G.3.c. This condition stated that permittees shall notify the Department within 30 days of any changes in the physical or chemical characteristics of regulated fill previously approved under a new source submittal; however, this reporting requirement is addressed in Condition G.6.
• Deletion of former Condition G.4.c.i., which required an annual administration fee of $500.
• Deletion of former Condition G.4.c.ii., which required permittees to provide a topographic survey map for the prior calendar year with the fourth quarter report. Subsequently, Condition G.5. was added to provide permittees with more time, until March 1st each year, to provide the topographic map to the Department.
• Revision to former Condition G.4.c.iii. (now Condition G.4.c.i.) to remove the requirement that permittees report the placement location of each source of regulated fill from the fourth quarter report.
• Clarification to former Condition G.4.c.vi. (now Condition G.4.c.iv.), which now requires permittees to report the date that regulated fill was ''received'' instead of ''provided.''
• Revision to former Condition G.4.c.vii. (now Condition G.4.c.v.) to allow the weight of regulated fill in ''tons'' instead of ''dry tons'' to be reported.
• Revision to former Condition G.4.c.viii. (now Condition G.4.c.vi.) to be consistent with the revisions to Condition G.1. and Condition G.2.
• Revision to Condition former Condition G.5. (now Condition G.6.) to provide clarity regarding reporting requirements based upon a change in regulated fill quality.
Persons interested in reviewing the general permit may contact Chris Solloway at firstname.lastname@example.org, (717) 787-7381, or Environmental Program Manager, Division of Municipal and Residual Waste, Bureau of Waste Management, P.O. Box 69170, Harrisburg, PA 17106-9170.
Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Chris Solloway at (717) 787-7381 or through the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.
[Pa.B. Doc. No. 22-903. Filed for public inspection June 17, 2022, 9:00 a.m.]
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