GENERAL
§ 287.101. General requirements for permit.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the activity from the Department under this article.
(b) A person or municipality is not required to obtain a permit under this article, comply with the bonding or insurance requirements of Subchapter E (relating to bonding and insurance requirements) or comply with Subchapter B (relating to duties of generators) for one or more of the following:
(1) Agricultural waste produced in the course of normal farming operations, if the waste is not hazardous. An agricultural waste will be presumed to be produced in the course of normal farming operations if its application is consistent with that for normal farming operations. A person managing mushroom waste shall implement best management practices. The Department will prepare a manual for the management of mushroom waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for mushroom waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299 (relating to land application of residual waste; composting facilities for residual waste; storage and transportation of residual waste).
(2) The use of food processing waste or food processing sludge in the course of normal farming operations if the waste is not hazardous. A person managing food processing waste shall implement best management practices. The Department will prepare a manual for the management of food processing waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for food processing waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299.
(3) The beneficial use of coal ash under Chapter 290 (relating to beneficial use of coal ash).
(4) The activities described in § 287.2(e)—(h) (relating to scope).
(5) The processing or disposal of residual waste described in § 287.2(b) that is subject to a permit issued by the Department under Article VIII (relating to municipal waste).
(6) The use as clean fill of the materials in subparagraphs (i) and (ii) if they are separate from other waste. The person using the material as clean fill has the burden of proof to demonstrate that the material is clean fill.
(i) The following materials, if they are uncontaminated: soil, rock, stone, gravel, brick and block, concrete and used asphalt.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(7) Processing that results in the beneficial use of scrap metal.
(c) Subsection (b) does not relieve a person or municipality of the requirements of the environmental protection acts or regulations promulgated thereto. Notwithstanding subsection (b), the Department may require a person or municipality to apply for, and obtain, an individual or general solid waste permit, or take other appropriate action, when the person or municipality is conducting a solid waste activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(d) The Department will not require a permit under this article for cleanup or other remediation at the site of a spill, release, fire, accident or other unplanned event, unless the site is part of a permit area for an active facility or the proposed permit area in an application. In requiring cleanup or other remediation at the site, the Department may require compliance with only those provisions of this article that the Department determines necessary to protect human health, safety, welfare and the environment.
(e) The Department will not require a permit under this article for the movement of waste encountered when performing a site remediation under Chapter 250 (relating to administration of land recycling program) where the site-specific standard is specified as the remediation goal for contamination of soil and groundwater, provided the following conditions are met:
(1) The response to the release of regulated substances is being conducted pursuant to the site-specific standard in Chapter 250, Subchapter D (relating to site-specific standards).
(2) The area containing the waste unit is part of the site, as identified under the notice of intent to remediate (NIR), and the notice includes identification of the waste types.
(3) The excavation, movement and placement onsite of the waste shall be incorporated as part of the remedial investigation report which shall be approved by the Department prior to the initiation of remediation activities. The report shall include plans for grading, construction and management of the wastes. The disturbance of a waste disposal unit that is not part of an approved remedial investigation report is not covered under this permit waiver.
(4) The excavation, movement and placement of waste materials onsite may not increase the potential for onsite or offsite runoff of water or dispersal of waste.
(5) The excavation, movement and placement of waste onsite may not adversely affect or endanger public health, safety, welfare, or the environment or cause a public nuisance.
(6) Waste may not be stored or placed in waters of the Commonwealth or in a manner that will cause groundwater or surface water degradation.
Source The provisions of this § 287.101 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273402) and (284491) to (284492).
Cross References This section cited in 25 Pa. Code § 287.121 (relating to application contents); and 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits).
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