Subchapter F. HOUSEHOLD HAZARDOUS WASTE
COLLECTION, TRANSPORTATION AND MANAGEMENT
SCOPE Sec.
272.501. Scope.
REGISTRATION AND APPROVAL OF PROGRAMS
272.511. Registration requirement.
272.512. General application requirements.
272.513. Contract.
272.514. Contingency plan.
REGISTRATION REVIEW
272.521. Criteria for registration approval or denial.
272.522. Conditions on registration approval.
272.523. [Reserved].
OPERATION OF PROGRAMS
272.531. Basic operational requirements.
272.532. Limitations on acceptable waste.
272.533. Fees.
272.534. Liability insurance.
272.535. Cleanup of site.
272.536. Landowner liability.
272.537. Sponsor recordkeeping.
COLLECTION CONTRACTORS
272.541. Collection contractor.
272.542. Reporting.
272.543. [Reserved].
TRANSPORTERS OF HOUSEHOLD HAZARDOUS WASTE
272.551. Household hazardous waste transportation.
Cross References This subchapter cited in 25 Pa. Code § 272.381 (relating to scope of grant); and 25 Pa. Code § 283.123 (relating to plan for removal of hazardous materials).
SCOPE
§ 272.501. Scope.
This subchapter sets forth provisions for the registration, approval and operation of household hazardous waste collection programs and for the management and transportation of household hazardous waste collected as part of an organized collection for the purpose of separating the hazardous waste component from the nonhazardous waste component.
(1) Household hazardous waste that is collected as part of a collection event or that originates at an out-of-State household hazardous waste collection and is brought into this Commonwealth for processing, treatment, storage or disposal is regulated under Article VII (relating to hazardous waste management) and the household hazardous waste provisions of this chapter.
(2) Household hazardous waste that is not collected at a collection event or does not originate at an out-of-State household hazardous waste collection is solid waste which is excluded as hazardous waste under 40 CFR 261.4(b)(1) (relating to exclusions), as incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope).
Source The provisions of this § 272.501 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273002).
REGISTRATION AND APPROVAL OF PROGRAMS
§ 272.511. Registration requirement.
A person or municipality may not establish a program for the collection, management or disposal of household hazardous waste until the program has been registered with and approved by the Department.
Source The provisions of this § 272.511 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.512. General application requirements.
(a) Registration applications shall be submitted to the Department on a form provided by the Department, and shall contain information the Department deems necessary to properly develop and implement a household hazardous waste collection program. The application shall be submitted by the potential sponsor. An application shall be submitted to the Department at least 60 days before the collection event.
(b) A registration application shall contain the following information:
(1) The location of the proposed site for the collection event. The site may be on public or private property, including, but not limited to, property owned, leased or controlled by the Commonwealth, its agencies or political subdivisions. If the sponsor of the collection program is not the owner of the site, the sponsor shall include as part of the registration application, written permission from the owner of the site to use the property for the collection event.
(2) The expected sources, types and quantities of household hazardous waste that will be deposited at the collection site during the collection event.
(3) The name, address and license number of the collection contractor who will provide collection and transportation services for the collection program.
(4) The location, permit number and permit expiration date of the facilities to which the household hazardous waste deposited at the collection event will be sent for management. The collection contractor for the program shall provide confirmation, on a form provided by the Department, from those facilities, that wastes deposited at the collection event will be accepted by a permitted facility for management.
Source The provisions of this § 272.512 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273003).
§ 272.513. Contract.
The application shall include a negotiated contract between the sponsor and the collection contractor. A signed contract shall be submitted to the Department prior to the collection event. The contract shall meet the following requirements:
(1) The contract shall establish the responsibilities of each party for the safe collection, transportation and management of household hazardous waste that is deposited at the collection event in accordance with the statutes and regulations of the Commonwealth and the United States.
(2) The contract shall require that the collection contractor will provide the sponsor with a statement that lists the names and qualifications of personnel accepting waste at the collection event.
(3) The contract shall provide for the cleanup of the collection site and certification of the cleanup of the site by both parties.
Source The provisions of this § 272.513 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (273003) to (273004).
§ 272.514. Contingency plan.
The application shall also include a contingency plan that meets the following requirements. The plan shall:
(1) Include provisions to prevent spills, manage and clean up spills that may occur, and prevent explosions, fire or the release of toxic or hazardous substances.
(2) Provide that adequate emergency equipment will be available during the operation of the collection event. The plan shall also include the names and telephone numbers of local emergency agencies, and Commonwealth and Federal agencies that must be contacted in the event of a fire, spill or other release at the collection site.
(3) Describe the qualifications of the personnel that will be at the collection site operating the collection event.
(4) Describe the security arrangements that will be provided at the collection site, and shall provide that access to the collection site will be controlled throughout the collection event and the cleanup of the collection site following the event.
(5) Describe provisions for the safe management of waste in the event of inclement weather.
(6) Describe provisions for cancellation or rescheduling of the collection event due to inclement weather.
Source The provisions of this § 272.514 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273004).
REGISTRATION REVIEW
§ 272.521. Criteria for registration approval or denial.
A registration application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that the following conditions are met:
(1) The registration application is complete and accurate.
(2) The requirements of the act, the environmental protection acts and this subchapter have been complied with.
(3) The compliance status of the applicant or a related party under section 503(c) and (d) of the act (35 P. S. § 6018.503(c) and (d)) does not require or allow registration denial.
Source The provisions of this § 272.521 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.522. Conditions on registration approval.
(a) The Department may place terms and conditions upon registration approval it deems necessary to protect public health, public safety and the environment, and to ensure compliance with the act, the environmental protection acts and this title.
(b) Except to the extent that the registration approval states otherwise, the collection contractor shall conduct household hazardous waste collection activities as described in the approved registration.
(c) A registration approval under this subchapter is nontransferable and nonassignable. A registration approval applies to the collection contractor and its employes. Leased or subcontracted drivers, and drivers who provide equipment, have no authority to operate under the registration approval without prior written authorization from the Department.
Source The provisions of this § 272.522 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.523. [Reserved].
Source The provisions of this § 272.523 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; reserved October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273005).
OPERATION OF PROGRAMS
§ 272.531. Basic operational requirements.
(a) A program for the collection and management of household hazardous waste shall be operated in accordance with the following:
(1) The approved registration, including any conditions the Department attaches to approval.
(2) The Small Business and Household Pollution Prevention Program Act.
(3) The requirements of Article VII (relating to hazardous waste management) as made applicable by this subchapter.
(b) Only eligible entities may deposit waste at a household hazardous waste collection event.
(c) Waste exchanges may be conducted as part of the collection event in a manner approved by the Department.
Source The provisions of this § 272.531 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273006).
§ 272.532. Limitations on acceptable waste.
(a) The following wastes may not be accepted at a collection event:
(1) Radioactive material.
(2) Regulated medical waste, and hypodermic needles or syringes.
(3) Explosives.
(b) An eligible entity may not deposit more than 1,000 kilograms (2,200 pounds) of waste at an individual collection event. The collection contractor shall weigh waste received at a collection event to ensure that no entity deposits more than 1,000 kilograms of waste at an individual collection event. A sponsor may lower the maximum amount of waste that may be deposited by an eligible entity.
Source The provisions of this § 272.532 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (284482) to (284483).
§ 272.533. Fees.
To help defray the costs of operating a collection event, a sponsor may require eligible entities to pay a reasonable fee to deposit waste with the collection event.
Source The provisions of this § 272.533 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (272306) to (272307).
Cross References This section cited in 25 Pa. Code § 272.382 (relating to eligible costs).
§ 272.534. Liability insurance.
The collection contractor shall maintain in continued force and effect a policy providing general comprehensive liability insurance coverage for third-party claims of bodily injury, wrongful death and property damage arising from activities associated with the collection, storage and transportation of household hazardous waste. The insurance coverage shall be in an amount of $2 million annual aggregate.
Source The provisions of this § 272.534 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.535. Cleanup of site.
At the end of the collection event, the sponsor and the collection contractor shall return the collection site to its original condition. Collected waste shall be removed from the site within 48 hours after completion of the collection event, unless a longer time has been authorized by the Department. Cleanup of the site shall be certified by the sponsor and the collection contractor in a manner approved by the Department.
Source The provisions of this § 272.535 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273007).
Cross References This section cited in 25 Pa. Code § 272.541 (relating to collection contractor).
§ 272.536. Landowner liability.
An owner who, without charge, permits property to be used as a site for a collection event will not be liable for damage, harm or injury to a person or property which results from the use of the property as a site for a collection event. For the purposes of this section, an owner is a person or municipality in possession of a fee interest in property; a tenant, lessee, occupant or person in contract for a possessory interest in property; or the Commonwealth, its agencies or political subdivisions when in possession of property.
Source The provisions of this § 272.536 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.537. Sponsor recordkeeping.
A sponsor shall keep a copy of the manifests provided to it by the collection contractor under § 272.541 (relating to collection contractor) for 3 years and shall make them available to the Department upon request.
Source The provisions of this § 272.537 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (273007) to (273008).
Cross References This section cited in 25 Pa. Code § 272.541 (relating to collection contractor).
COLLECTION CONTRACTORS
§ 272.541. Collection contractor.
(a) A collection contractor shall comply with the following requirements:
(1) The collection contractor shall have an EPA hazardous waste identification number under 40 CFR 262.12 (relating to EPA identification numbers), incorporated by reference in § 262a.10 (relating to incorporation by reference, purpose, scope and applicability) and modified in § 262.a12 (relating to EPA identification numbers).
(2) The collection contractor shall have a hazardous waste transporter’s license under § 263a.13 (relating to licensing). In the event that the collection contractor will not transport the household hazardous waste collected at the collection event, the collection contractor shall demonstrate to the Department that the person or municipality that will transport the household hazardous waste has a valid hazardous waste transporter’s license under § 263a.13.
(b) The collection contractor shall be deemed to be the generator of hazardous waste for household hazardous wastes accepted during the collection event and shall ensure that transportation and management of the waste, including treatment, storage and disposal, are in accordance with this chapter and the applicable provisions of Article VII (relating to hazardous waste management) except Chapter 262a, Subchapter I (relating to source reduction strategy) and 40 CFR 262.34 (relating to accumulation time), incorporated by reference in § 262a.10. The waste shall be manifested to a permitted or interim status hazardous waste treatment, storage or disposal facility, and shipped to that facility within 48 hours of the end of the collection event, unless a longer time has been authorized by the Department under § 272.535 (relating to cleanup of site).
(c) The collection contractor shall comply with the following requirements:
(1) The collection contractor shall transport and manage the waste in accordance with conditions the Department may attach to the approval of the collection event.
(2) The collection contractor shall deliver a copy of the generator copy of the manifests to the sponsor to maintain in accordance with § 272.537 (relating to sponsor recordkeeping).
(3) The collection contractor shall provide a copy of the record of operations to the sponsor.
(4) The collection contractor shall provide for the recycling, reuse or use of the collected materials to the greatest extent feasible.
Source The provisions of this § 272.541 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273008).
Cross References This section cited in 25 Pa. Code § 272.537 (relating to sponsor recordkeeping).
§ 272.542. Reporting.
The collection contractor shall make and maintain a record of operations and submit a copy of the record to the Department and sponsor within 30 days of the end of each collection event. The record shall be on a form provided by the Department, and shall include:
(1) The number of each type of eligible entity submitting waste, including residential, small business, farm or school.
(2) The amount and type of each waste submitted by each type of eligible entity.
(3) The operating name, address and identification number of facilities accepting the collected wastes for final disposition.
Source The provisions of this § 272.542 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273009).
§ 272.543. [Reserved].
Source The provisions of this § 272.543 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; reserved October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (273009).
TRANSPORTERS OF HOUSEHOLD HAZARDOUS WASTE
§ 272.551. Household hazardous waste transportation.
(a) A transporter of household hazardous waste collected as part of a collection event shall meet the requirements of this section.
(b) A transporter of household hazardous waste shall meet the requirements of this section if the waste is collected at an out-of-State household hazardous waste collection and brought into this Commonwealth for processing, treatment, storage or disposal.
(c) A transporter of household hazardous waste described in subsection (a) or (b) is subject to Article VII (relating to hazardous waste management), including the following:
(1) The waste shall be manifested as required inder Chapter 262a (relating to standards applicable to generators of hazardous waste) to a facility having a permit or interim status under the Resource Conservation and Recovery Act (42 U.S.C.A. § § 6901—6992k).
(2) The transporter shall comply with the hazardous waste transportation requirements in Chapter 263a (relating to transporters of hazardous waste).
Source The provisions of this § 272.551 adopted October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547.
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