Subchapter B. APPLICATION REQUIREMENTS
GENERAL Sec.
273.101. Two phase process.
PHASE I APPLICATION REQUIREMENTS
273.111. General.
273.112. Facility plan.
273.113. Maps and related information.
273.114. Description of geology, soils and hydrology—general requirements.
273.115. Geology and groundwater description.
273.116. Groundwater quality description.
273.117. Soil description.
273.118. Surface water information.
273.119. Alternative water supply information.
273.120. Mineral deposits information.
273.121. Notification of proximity to airport.
PHASE II APPLICATION REQUIREMENTS—GENERAL PROVISIONS
273.131. Basic requirements.
273.132. Operation plan.
273.133. Map and grid requirements.
273.134. Plan for access roads.
273.135. Access control plan.
273.136. Nuisance minimization and control plan.
273.137. Litter control plan.
273.138. Plan for protection of capacity.
273.139. Relationship to county plans.
273.140. Daily volume.
273.140a. Radiation protection action plan.
PHASE II APPLICATION REQUIREMENTS—COVER AND REVEGETATION
273.141. Compaction and cover plan.
273.142. Revegetation plan.
PHASE II APPLICATION REQUIREMENTS—WATER QUALITY PROTECTION AND MONITORING
273.151. Soil erosion and sedimentation control plan.
273.152. Water quality monitoring plan.
PHASE II APPLICATION REQUIREMENTS—LINERS AND LEACHATE MANAGEMENT
273.161. Liner system and leachate control plan.
273.162. Leachate treatment plan.
273.163. Modifications of leachate treatment plan.
PHASE II APPLICATION REQUIREMENTS—GAS MANAGEMENT
273.171. Gas monitoring and control plan.
PHASE II APPLICATION REQUIREMENTS—EMERGENCY PLANNING
273.181. Contingency plan.
PHASE II APPLICATION REQUIREMENTS—CLOSURE PROVISIONS
273.191. Postclosure land use plan.
273.192. Closure plan.
273.196. Recycling plan.
273.197. Plan for recycled materials collection center.
Cross References This subchapter cited in 25 Pa. Code § 273.401 (relating to scope).
GENERAL
§ 273.101. Two phase process.
A person or municipality may submit an application for a permit to operate a municipal waste landfill in two phases, known as Phase I and Phase II, in accordance with this subchapter. Approval by the Department of a Phase I application does not constitute or guarantee approval for the Phase II permit application, issuance of the permit or authority to operate a municipal waste landfill.
PHASE I APPLICATION REQUIREMENTS
§ 273.111. General.
The Phase I application shall:
(1) Comply with § § 273.112—273.121.
(2) Comply with Chapter 271, Subchapter B (relating to general requirements for permits and permit applications).
Source The provisions of this § 273.111 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (247054).
§ 273.112. Facility plan.
An application to operate a municipal waste landfill shall contain a narrative describing the following:
(1) The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.
(2) A detailed description of the volume of soil needed to construct and operate the facility and of the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.
Source The provisions of this § 273.112 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (247054).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general).
§ 273.113. Maps and related information.
(a) An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals, including necessary narrative descriptions, which shows the following:
(1) The boundaries and names of present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; the boundaries of the land within the proposed permit area; and a description of title, deed or usage restrictions affecting the proposed permit area.
(2) The boundaries of the land to be affected during the estimated total life of the proposed operation, including the boundaries of areas that will be affected in each sequence of landfilling activity and boundaries of areas that will be used for impoundments.
(3) The location of the areas on and off the permit area which are proposed to be excavated to obtain earthen material for the construction of the facility, for cover material and for other construction purposes.
(4) The location and name of public and private water sources within 1/2 mile of the proposed facility. If more than 50 wells are located within the 1/2-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells further away.
(5) The location, name and elevation of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches within 1/4 mile of the proposed facility.
(6) The location of gas and oil wells—active and inactive—surface and underground coal and noncoal mines—active and inactive—coal seams to a depth of 500 feet, mine spoil piles, dumps, dams, embankments and mine pool discharge points within 1/4 mile of the proposed facility.
(7) The location of rights-of-way for high tension power lines, pipelines, railroads and public and private roads within 1/4 mile of the proposed facility.
(8) The location of buildings currently in use within 1/4 mile of the proposed facility.
(9) If solid waste disposal or processing has previously taken place within 1/4 mile of the proposed facility, the names of the owners or operators, or both, of the facility, the type of solid waste processed or disposed, and if applicable, cross sections indicating the interface details between areas previously filled and areas to be filled.
(10) The anticipated location of water quality monitoring points.
(11) The boundaries of land within the proposed permit area and adjacent areas identified in § 273.202 (relating to areas where municipal waste landfills are prohibited).
(12) The elevation and location of test borings and core samplings taken under § 273.115 (relating to geology and groundwater description), and the location of test pits or excavations taken under § 273.117 (relating to soil description).
(13) The municipalities in which the permit area is proposed to be located.
(14) The location of sinkholes, fractures, fracture traces, outcrops, lineaments and mine pools in the proposed permit area and adjacent area.
(15) The location of water discharges into a surface body of water in the proposed permit area and adjacent area.
(16) The location of 100-year floodplain boundaries in the proposed permit area and adjacent area.
(b) An application shall contain a topographic map showing the location and name of public water sources within 3 miles downstream or downgradient from the proposed facility. The map shall be on a scale of 1 inch equals no more than 500 feet with 10-foot maximum contour intervals, including necessary narrative descriptions.
(c) A different scale for the topographic map required in subsection (a) may be used if approved in writing by the Department.
Source The provisions of this § 273.113 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (247054) and (226167) to (226168).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general).
§ 273.114. Description of geology, soils and hydrology—general requirements.
In preparing the soils, geology and hydrology descriptions required by § § 273.115—273.121, the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with § § 273.115—273.119 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.
Source The provisions of this § 273.114 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226168).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general).
§ 273.115. Geology and groundwater description.
(a) An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:
(1) The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.
(2) Stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.
(3) The hydrologic characteristics of each acquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.
(4) The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.
(5) The uses of each aquifer.
(6) Aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.
(7) Extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by § 273.120 (relating to mineral deposits information).
(8) The well head protection areas in accordance with § 109.1 (relating to definitions) that may be impacted by the facility.
(9) A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.
(b) A boring or coring not cased and capped or not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.
Source The provisions of this § 273.115 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226168) to (226169).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); 25 Pa. Code § 273.113 (relating to maps and related information); and 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements).
§ 273.116. Groundwater quality description.
(a) An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters of monitoring data, one of which shall include the season of the highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:
(1) Ammonia-nitrogen, chloride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, total organic carbon, total phenolics, iron, manganese and sodium.
(2) Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethyl benzene, benzene and xylene.
(3) Groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.
(4) Total alkalinity, fluoride and sulfate and total and dissolved concentrations of each of the following: arsenic, barium, cadmium, chromium, copper, lead, magnesium, mercury, potassium, selenium, silver and zinc.
(5) 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, 1,1,2-trichloroethane, 1,2,3-trichloropropane, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 1,2-dichloropropane, 3-chloro-1-propene, 4-methyl-2-pentanone, bromomethane, carbon tetrachloride, chlorobenzene, chlorodibromomethane, chloroethane, chloromethane, cis-1,3-dichloropropene, trans-1,3-dichloropropene, dichlorodifluoromethane, methyl ethyl ketone, tri-bromomethane and trichlorofluoromethane.
(6) Ten volatile organic compounds not otherwise identified in this section, based on those compounds showing the greatest apparent concentration from the peaks of a mass spectra of each sample. The ten compounds shall be identified but their concentration does not require measurement.
(b) One year of data consistent with this section shall be taken prior to the disposal or storage of waste at the facility.
(c) Monitoring wells under this section shall be designed, constructed and maintained under § § 273.281—273.283 (relating to general requirements; number, location and depth of monitoring points; and standards for wells and casing of wells). Sampling and analysis shall be conducted in accordance with a plan approved by the Department under § 273.152(b) (relating to water quality monitoring plan).
Source The provisions of this § 273.116 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226169) to (226170).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements); 25 Pa. Code § 273.152 (relating to water quality monitoring plan); 25 Pa. Code § 273.201 (relating to basic limitations); and 25 Pa. Code § 277.201 (relating to basic limitations).
§ 273.117. Soil description.
(a) An application shall contain:
(1) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that seasonal high water table will not contact the liner system.
(2) A description of soils to be used for daily, intermediate and final cover, and facility construction, including texture, chemical description, laboratory particle size analysis and quantity. A cross section of the borrow pits within the proposed permit area shall be included.
(b) In preparing the soils description and elevations, the applicant shall:
(1) Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area, and each onsite or offsite borrow area.
(2) Use the following soil classification systems:
(i) For daily, intermediate and final cover, the United States Department of Agriculture Soil Classification System.
(ii) For the liner system, site construction and other noncover uses, the Unified Soil Classification System.
(3) Conduct required laboratory particle size analysis according to ASTM D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analyses.
Source The provisions of this § 273.117 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended July 2, 1992, effective July 4, 1992, 22 Pa. B. 3389; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226170) to (226171).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); 25 Pa. Code § 273.113 (relating to maps and related information); and 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements).
§ 273.118. Surface water information.
(a) An application shall contain a description of surface waters in the proposed permit area and adjacent areas including, at a minimum:
(1) A description of the watershed in which the proposed permit area is located and other watersheds which may be affected by the proposed facility.
(2) Surface elevations and rates of flow of streams, springs, seeps and mine discharges in the proposed permit area and adjacent area.
(3) A description of the quality of surface waters which will receive flows from surface or groundwater from the proposed permit area, including laboratory analyses of samples.
(4) A description of the instream macro-invertebrate community in surface waters above and below the proposed permit area.
(b) The surface water information submitted to the Department shall be based on a sufficient number of observations, calculations, weir or flow meter readings and sample analyses to allow an accurate characterization of the physical, chemical and biological characteristics of the surface waters.
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); and 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements).
§ 273.119. Alternative water supply information.
(a) The applicant shall determine whether the proposed facility is within the groundwater recharge area for public or private water supply. The applicant shall delineate the position of the proposed permit area within relevant groundwater flow systems. The applicant shall identify public and private water supplies which may potentially be adversely affected by groundwater flow associated with the proposed facility.
(b) For water supplies which may be adversely affected by the proposed facility, the applicant shall submit a detailed hydrogeologic study addressing the potential effect of the proposed facility on the water supplies.
(c) For water supplies which the hydrogeologic study required under subsection (b) indicates may be adversely affected by the proposed facility, the applicant shall demonstrate the following:
(1) The hydrogeologic characteristics of the proposed permit area and adjacent area assure that implementation of the applicant’s groundwater monitoring plan will protect water supplies from potential degradation or pollution.
(2) The feasibility of permanently replacing or restoring the water supply to like quantity and quality with the existing supply and at no additional cost to the owner. A description of the means to restore or replace the water supply shall also be provided.
(d) For purposes of this section, water supply includes existing or currently designated or currently planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, including the uses protected by the applicable provisions of Chapter 93 (relating to water quality standards).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); and 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements).
§ 273.120. Mineral deposits information.
(a) If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:
(1) Maps and plans showing previous mining operations underlying the proposed facility.
(2) An investigation, with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and any measures which have been or will be taken to stabilize the surface.
(b) If the proposed permit area or adjacent area overlies recoverable or mineable coals, the applicant shall meet one of the following requirements:
(1) The applicant shall demonstrate that the applicant owns the coal and warrants that the coal will not be mined as long as waste remains on the site.
(2) The applicant shall meet the following requirements:
(i) The applicant owned or entered into an enforceable option contract to purchase land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.
(ii) The applicant submits a written agreement executed prior to December 23, 2000, that demonstrates that coal providing support will not be mined as long as waste remains on the site.
Source The provisions of this § 273.120 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226172).
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements); 25 Pa. Code § 273.115 (relating to geology and groundwater description); 25 Pa. Code § 273.202 (relating to areas where municipal waste landfills are prohibited); and 25 Pa. Code § 273.291 (relating to mineral resources).
§ 273.121. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed landfill or expansion is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.
Source The provisions of this § 273.121 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.
Cross References This section cited in 25 Pa. Code § 273.111 (relating to general); 25 Pa. Code § 273.114 (relating to description of geology, soils and hydrology—general requirements).
PHASE II APPLICATION REQUIREMENTS—
GENERAL PROVISIONS
§ 273.131. Basic requirements.
(a) The Phase II permit application shall:
(1) Comply with § § 273.132—273.137, 273.141, 273.142, 273.151, 273.152, 273.161—273.163, 273.171, 273.181, 273.191 and 273.192.
(2) Comply with Chapter 271, Subchapter D (relating to financial assurances requirements).
(b) Applications, plans, cross sections, modules and narratives shall demonstrate how the construction and operating requirements of Subchapter C (relating to operating requirements) will be implemented, and shall include quality control measures necessary to ensure proper implementation.
(c) The plans, designs, cross sections and maps required by this section and § § 273.132—273.137, 273.141, 273.142, 273.151, 273.152, 273.161—273.163, 273.171, 273.181, 273.191 and 273.192 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.
§ 273.132. Operation plan.
An application shall contain a description of the municipal waste landfill operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:
(1) A narrative describing the type and method of municipal waste landfill procedures, procedures for inspection and monitoring of incoming waste, sequence of landfilling activity, type of landfilling activity, proposed engineering techniques and the major equipment to be used under § 273.215 (relating to equipment), using the maps and grids required by § 273.133 (relating to map and grid requirements) as a basis for the description.
(2) A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use as follows:
(i) Dams, embankments, ditches and other impoundments.
(ii) Borrow pits, soil storage and handling areas and structures.
(iii) Scales and weigh station, if required.
(iv) Water and air pollution control facilities.
(v) Erosion control facilities.
(vi) Equipment storage and maintenance buildings, and other buildings.
(vii) Access roads.
(3) A construction schedule and sequence of operations tied to the grid coordinate system required by § 273.211 (relating to signs and markers), a site preparation plan and a schedule for disposing of solid waste at the site, including the maximum daily weight or volume of waste that will be received at the facility.
(4) An explanation of how the applicant intends to comply with § 273.214 (relating to measurement and inspection of waste).
(5) A plan for assuring that solid waste received at the facility is consistent with § 273.201 (relating to basic limitations).
(6) The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.
Source The provisions of this § 273.132 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226173) to (226174).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
§ 273.133. Map and grid requirements.
(a) An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:
(1) The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of landfilling and closure.
(2) A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.
(3) Buildings, utility corridors and facilities which will be used in the operation.
(4) The areas of land for which a bond will be posted under Chapter 271, Subchapter D (relating to financial assurances requirements).
(5) The solid waste storage, processing or unloading areas.
(6) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(7) Location and elevation of the permanent physical markers for the grid coordinate system under subsection (b).
(8) The gas management, collection and control facilities.
(9) The boundaries of construction activities.
(10) The location of barriers, fences and similar structures required by § 273.212 (relating to access control).
(11) The location of each sedimentation pond, permanent water impoundment or similar facility.
(12) The location of access roads to the site, including slopes, grades and lengths of the roads.
(13) The location and identification of monitoring wells.
(14) A designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,’’ Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.
(b) The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be tied to the benchmark and the baseline.
Source The provisions of this § 273.133 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226174) to (226175).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.132 (relating to operation plan).
§ 273.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, under § 273.213 (relating to access roads).
Source The provisions of this § 273.134 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226175).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.213 (relating to access roads).
§ 273.135. Access control plan.
The application shall contain plans sufficient to demonstrate compliance with § 273.212 (relating to access control), including plans showing fencing and barriers to be constructed at the proposed facility in full elevation, fully dimensioned and with the type of construction materials specified.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
§ 273.136. Nuisance minimization and control plan.
(a) The application shall contain a plan in accordance with § 273.218 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust and other nuisances not otherwise provided for in the permit application.
(b) The plan shall include the following:
(1) Provisions for the routine assessment and control of vector infestation.
(2) Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.
(3) For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.
(c) The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.
Source The provisions of this § 273.136 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226175).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.218 (relating to nuisance minimization and control).
§ 273.137. Litter control plan.
The application shall contain a plan in accordance with § 273.220 (relating to litter) to control litter.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
§ 273.138. Plan for protection of capacity.
(a) Required information.
(1) Except as provided in paragraph (2), if the application is for one of the following, the application shall contain the information required by this section:
(i) A new municipal waste landfill.
(ii) Additional capacity for a municipal waste landfill.
(iii) A permit modification that would result in an increase in the average or maximum daily volume of waste that may be received for processing or disposal at a municipal waste landfill.
(2) This section does not apply to an application for a facility to be used solely for the disposal of ash residue from municipal waste incinerators who provided documentation in the application that, prior to July 28, 1988, it agreed to provide disposal capacity to municipalities located in the host county. A copy of the contract or other written agreement shall be included.
(b) Additional requirements. If the application meets the criteria in subsection (a), the application shall:
(1) Include a statement that the applicant notified the host county and host municipality in writing of its ability to negotiate for protection of capacity under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1111). A copy of the notification letters shall be included.
(2) For the host municipalities:
(i) Identify the host municipalities.
(ii) Describe the weight or volume of municipal waste generated within the host municipality that will be delivered to the proposed facility, and the period over which the waste will be delivered.
(iii) Describe the rates, terms or conditions of the agreement arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.
(iv) Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached, if there is no agreement or arbitration award between the host municipality and the applicant.
(3) For the host counties:
(i) Identify the host counties.
(ii) Describe the weight or volume of municipal waste generated within the host county that will be delivered to the proposed facility, and the period over which the waste will be delivered.
(iii) Describe the rates, terms or conditions of the agreement or arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.
(iv) Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached, if there is no agreement or arbitration award between the host county and the applicant.
Source The provisions of this § 273.138 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 273.222 (relating to protection of capacity).
§ 273.139. Relationship to county plans.
(a) This section requires the submission of certain information in the permit application when the Department has given final approval to a municipal waste management plan for the county in which the proposed facility, or proposed additional capacity for a facility, would be located, and the county has submitted to the Department legal documents necessary to implement the plan under § 272.245 (relating to submission of implementing documents).
(b) An application shall contain the following:
(1) An explanation of whether the proposed facility is provided for in the approved plan for the host county. A facility is “provided for” if it is designated by the host county to provide capacity assurance in the approved host county plan. A facility analyzed as part of a planning process, but not designated, will not be considered “provided for.”
(2) If the proposed facility is not provided for in the approved host county plan:
(i) A detailed explanation of whether the proposed facility will interfere with implementation of the approved plan.
(ii) A detailed explanation of whether the proposed facility will interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.
(iii) A detailed response to objection, if any, filed by the governing body of the host county within 60 days of the written notice under section 504 of the act (35 P. S. § 6018.504).
Source The provisions of this § 273.139 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234807) to (234808).
§ 273.140. Daily volume.
(a) The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on § § 271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment), as well as section 1112 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1112).
(b) The application for a permit modification to increase daily volumes shall include calculations demonstrating that increased daily volumes will not reduce the remaining lifetime of a landfill based on its remaining permitted capacity to less than 3 years from the date of issuance of the permit modifications.
(c) The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed quarterly by averaging the total volume received over the quarter.
Source The provisions of this § 273.140 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234808) and (266301).
§ 273.140a. Radiation protection action plan.
(a) An application shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.
(b) The action plan shall be prepared in accordance with the Department’s “Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(c) The action plan shall be incorporated into the landfill’s approved waste analysis plan, under § 271.613 (relating to waste analysis plan).
Source The provisions of this § 273.140a adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.
Cross References This section cited in 25 Pa. Code § 273.223 (relating to radiation monitoring and response).
PHASE II APPLICATION REQUIREMENTS—COVER AND REVEGETATION
§ 273.141. Compaction and cover plan.
An application shall contain a plan for compaction and cover at the proposed facility under § 273.216 (relating to unloading and compaction) and § § 273.232—273.234 (relating to daily cover; intermediate cover and slopes; and final cover and grading), including, at a minimum, the following information:
(1) The procedures for placement and compaction of solid waste and the degree of compaction of waste.
(2) The number and thickness of lifts.
(3) The materials and procedures for application of daily, intermediate and final cover material, that meet the standards of § § 273.232—273.234.
(4) The procedures to establish intermediate and final elevations for the landfill.
Source The provisions of this § 273.141 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (266301).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
§ 273.142. Revegetation plan.
An application shall contain a plan for revegetation of affected areas under § § 273.235 and 273.236 (relating to revegetation; and standards for successful revegetation). The plan shall identify the species that are proposed to be planted, seeding rates and method of revegetation.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTS—WATER QUALITY PROTECTION AND MONITORING
§ 273.151. Soil erosion and sedimentation control plan.
(a) The applicant shall submit a plan to manage surface water and control erosion during all phases of construction and operation at the proposed facility. The plan shall be based on the requirements of Chapter 102 (relating to erosion and sediment control), § § 273.242—273.244 (relating to soil erosion and sedimentation control; sedimentation ponds; and discharge structures) and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event by inches to be expected once in 25 years. More stringent design standards may be required by the Department based on the most recent edition of the United States Department of Agriculture Soil Conservation Services’ Engineering Field Manual for Conservation Practices.
(b) The plan shall include fully dimensioned diversion ditches, indicating length, gradient and cross section for configuration by reach, and capacities for ditch volume by reach. The calculations which are necessary to support design and siting shall be included in the plan.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
§ 273.152. Water quality monitoring plan.
(a) An application shall contain a water quality monitoring plan showing how the operator intends to comply with § § 273.281—273.288 (relating to water quality monitoring). The plan shall include, at a minimum, the following:
(1) The number, location and depth of proposed monitoring points.
(2) Preoperational data showing existing groundwater quality, as required by § 273.116 (relating to groundwater quality description), and a procedure to establish this groundwater quality.
(b) The application shall contain a groundwater sampling and analysis plan. The plan shall include:
(1) Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.
(2) Department-approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituent, leachate or constituent of decomposition in the groundwater.
(3) Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.
(c) The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department’s satisfaction with a detailed hydrogeologic study:
(1) The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.
(2) The proposed alternate system is capable of completely and accurately identifying groundwater degradation and pollution from the proposed facility.
Source The provisions of this § 273.152 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (266302) and (234809).
Cross References This section cited in 25 Pa. Code § 273.116 (relating to groundwater quality description); and 25 Pa. Code § 273.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTS—LINERS AND LEACHATE MANAGEMENT
§ 273.161. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with § § 273.251—273.260 (relating to liner system), including the following:
(1) Design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial life of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial life of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner’s ability to restrict the flow of solid waste, solid waste constituents or leachate, based on the most recent edition of EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives in writing any of the following for nonsynthetic secondary liners, these properties shall include, at a minimum:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength—(percentage of liner strength).
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction angle in degress.
(14) Stress crack resistance.
(15) Oxative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
Source The provisions of this § 273.161 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234809) to (234810).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); 25 Pa. Code § 273.254 (relating to secondary liner); and 25 Pa. Code § 273.256 (relating to primary liner).
§ 273.162. Leachate treatment plan.
(a) An application shall contain a plan for leachate treatment from the proposed facility in a manner that complies with § § 273.271—273.277 (relating to leachate treatment). The plan shall include the following:
(1) An estimate of the quality and quantity of leachate to be produced annually by the facility, based on the water balance method set forth in ‘‘Use of Water Balance Method for Predicting Leachate Generation from Solid Waste Disposal Sites’’ U. S. EPA SW-168 (1975), or another method of accurately projecting leachate flows that is approved by the Department in writing. The estimate shall include the 30-day leachate volume and average flow rate for each month of the year. A separate estimate shall be submitted for anticipated leachate generation at the end of 5 year increments of operation for 20 years, or until closure, whichever date is earlier. For existing facilities, current leachate generation shall be included with this separate estimate.
(2) Plans, designs and cross sections for the proposed collection and handling system.
(3) Plans, designs and cross sections for onsite leachate treatment or disposal systems, including tanks and impoundments that are proposed to be used or constructed for storage, pretreatment or treatment of leachate from the facility.
(4) If an onsite treatment system already in operation is proposed to treat leachate from the facility, a description of the system, including its NPDES permit number, its capability to treat leachate from the facility, and its compliance status under The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(b) If interim vehicular transportation to an offsite treatment facility is proposed, the applicant shall:
(1) Provide a copy of a signed contractual agreement with the operator of a primary offsite facility that provides for treatment of leachate at the facility, and which covers the period of time that offsite treatment will be provided; or provide a signed letter of intent from the operator of the offsite facility to enter a contractual agreement for leachate treatment if the permit application is approved by the Department.
(2) Provide a copy of a signed contractual agreement with the operator of a second offsite treatment facility that provides for backup treatment of leachate at the second treatment facility if leachate cannot be treated by the primary treatment facility operator; or provide a signed letter of intent from the operator of the second offsite facility to enter the contractual agreement if the permit application is approved by the Department.
(3) Submit additional bond to the Department in an amount sufficient to pay for the cost of vehicular transportation and offsite leachate treatment until final closure, if the landfill operator fails to provide offsite treatment in a manner that is consistent with the permit, the act and this chapter.
(4) Submit plans, designs and cross sections for an onsite pretreatment facility as required by § 273.273(b)(1) (relating to leachate transportation).
(c) If recirculation of raw or pretreated leachate is proposed in conjunction with another treatment method, the application shall describe the following:
(1) The proposed leachate distribution method over the filled area, including designs and cross sections.
(2) Methods that will be used to prevent leachate seeps and breakouts.
(3) Methods that will be used to prevent odors, runoff and ponding.
(d) The application shall also contain a schedule and method for cleaning sludges from the leachate storage and treatment system, and a plan for disposing of the sludges.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); 25 Pa. Code § 273.163 (relating to modifications of leachate treatment plan); 25 Pa. Code § 273.201 (relating to basic limitations); 25 Pa. Code § 273.275 (relating to leachate collection and storage); and 25 Pa. Code § 277.163 (relating to modifications in leachate treatment plan).
§ 273.163. Modifications of leachate treatment plan.
(a) If a problem identified in § 273.277 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under § 271.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.
(b) The Department may approve permit modification applications under § 271.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in § 273.273(a) (relating to leachate transportation), if the following apply:
(1) The applicant complies with § 273.162(b) (relating to leachate treatment plan).
(2) The applicant has obtained the necessary permits to construct and operate a leachate treatment system under § 273.272 (relating to basic treatment methods).
(3) Leachate transportation from the facility has not caused or contributed to surface water or groundwater pollution.
(4) The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1 year term of the proposed permit modification.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and regulations promulgated thereunder, and is otherwise capable of accepting and treating leachate from the landfill.
(6) The landfill has a remaining permitted life, based on permitted capacity, of at least 3 years.
Source The provisions of this § 273.163 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226184).
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.273 (relating to leachate transportation).
PHASE II APPLICATION REQUIREMENTS—
GAS MANAGEMENT
§ 273.171. Gas monitoring and control plan.
(a) An application shall include a gas monitoring and control plan under § 273.292 (relating to gas control and monitoring). The plan shall include the following:
(1) A plan to monitor and record offsite gas migration and gas accumulation on and off the site, including structures.
(2) Designs for a gas control system, indicating the location and scheduling of construction, and the design of vents, barriers, collection pipes, manifolds or other control measures that will be put in place.
(b) If the applicant decides to conduct gas recovery, the application shall also include the following:
(1) Drawings and a narrative detailing the location and design of the proposed gas recovery system and the major onsite components of the system, which shall be consistent with § 273.293 (relating to gas recovery).
(2) Plans and designs to address special storage, transportation, processing, treatment or disposal measures anticipated or required in the management of the generated gases, condensates or other residues.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); 25 Pa. Code § 273.292 (relating to gas control and monitoring); and 25 Pa. Code § 273.293 (relating to gas recovery).
PHASE II APPLICATION REQUIREMENTS—EMERGENCY PLANNING
§ 273.181. Contingency plan.
An application shall contain a contingency plan consistent with § § 273.301—273.303 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s most recent guidelines for the development and implementation of PPC plans.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTS—CLOSURE PROVISIONS
§ 273.191. Postclosure land use plan.
An application shall contain a detailed description of the proposed use following closure of the proposed facility, including a discussion of the utility and capacity of the revegetated land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain the following:
(1) How the proposed postclosure land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.
(2) The consideration which has been given to making the proposed postclosure land use consistent with landowner plans and applicable State and local land use plans and programs.
Cross References This section cited in 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.321 (relating to postclosure land use).
§ 273.192. Closure plan.
(a) The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.
(b) The closure plan shall include:
(1) A plan for the decontamination and removal of equipment, structures and related material from the facility.
(2) An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.
(3) A description of the steps necessary for closure if the facility closes prematurely.
(4) A narrative description, including a schedule, of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to:
(i) Water quality monitoring.
(ii) Gas control and monitoring.
(iii) Leachate collection and treatment.
(iv) Erosion and sedimentation control.
(v) Revegetation and regrading, including maintenance of the final cover.
(vi) Access control, including maintenance of access control.
(5) A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of projected post-closure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.
(6) The name, address and telephone number at which the operator can be reached during the postclosure period.
Source The provisions of this § 273.192 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226186) to (226187).
Cross References This section cited in 25 Pa. Code § 272.104 (relating to operator withdrawals from trust fund); 25 Pa. Code § 273.131 (relating to basic requirements); and 25 Pa. Code § 273.322 (relating to closure).
§ 273.196. Recycling plan.
An application shall contain a plan for salvaging and recycling waste materials received at the facility for which recycling is cost effective, including proposed salvage areas, salvaging methods and anticipated markets for salvaged materials under § 273.331 (relating to salvaging of materials).
Source The provisions of this § 273.196 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226187).
Cross References This section cited in 25 Pa. Code § 273.331 (relating to salvaging of materials).
§ 273.197. Plan for recycled materials collection center.
An application shall include a plan consistent with § 273.332 (relating to recycled materials collection center).
Source The provisions of this § 273.197 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226187).
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