§ 285.113. Duration of storage.
(a) A person or municipality may not store municipal waste for more than 1 year unless:
(1) For waste that is recyclable or resalable, the Department has approved, in writing, a longer period, prior to the end of 1 year of storage based on a rate of recycling or resale of stored waste that is reasonably proportional to the rate of accumulation for storage.
(2) For other municipal waste, the Department has approved, in writing, a longer period prior to the end of 1 year of storage.
(b) The Department will presume that a person or municipality storing municipal waste contrary to the provisions of subsection (a) is operating a municipal waste disposal facility and is subject to the applicable requirements of the act and regulations thereunder for municipal waste disposal.
(c) A person or municipality that stores municipal waste shall maintain accurate operational records that are sufficiently detailed to clearly and convincingly demonstrate to the Department that municipal waste is being stored under subsection (a). The records shall be made available to the Department upon request. The presumption in subsection (b) may be overcome by the operational records required by this subsection.
(d) Nothing in this section supersedes a regulation, permit condition or other requirement providing for a storage period of less than 1 year.
Notes of Decisions Since the property owner never obtained authorization to store waste tires on his property and more than 1 year had passed since the tires were placed on the property, he was unlawfully operating a storage facility even though the tires were there less than 1 year before the date he was first cited. Booher v. Department of Environmental Resources, 612 A.2d 1098 (Pa. Cmwlth. 1992).
Cross References This section cited in 25 Pa. Code § 284.201 (relating to scope); 25 Pa. Code § 284.401 (relating to scope); and 25 Pa. Code § 285.101 (relating to scope).
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