§ 287.113. Permitting procedure for unpermitted processing or disposal facilities.
(a) Residual waste processing or disposal facilities, including disposal impoundments and facilities subject to general permit, that meet the following requirements are subject to this section:
(1) The facility was not authorized by a permit issued by the Department under the act or, for disposal impoundments, under The Clean Streams Law, on or before July 4, 1992.
(2) The facility received waste for processing or disposal on or after the effective date of these regulations, regardless of whether the facility is currently receiving waste.
(b) An impoundment which stores residual waste for more than 1 year without regularly removing the waste is presumed to be a disposal impoundment in accordance with § 299.113 (relating to duration of storage).
(c) Within 6 months after receiving written notification from the Department, or by July 4, 1995, if the Department does not provide written notification, a person or municipality that operates a residual waste disposal or processing facility that is subject to this section shall file one of the following with the Department:
(1) A closure plan consistent with § 287.117 (relating to closure plan).
(2) A complete permit application consistent with this article, including a closure plan consistent with § 287.117 for any portion of the facility that will be closed.
(d) Within 6 months after the Department has made an initial request to a person or municipality that is subject to this section to make substantive corrections or changes to the application under § 287.203 (relating to review period), or within an alternative time period specified by the Department in the request under § 287.203 the person or municipality shall cease accepting, processing, storing or disposing of solid waste at the facility unless the person or municipality has been issued a permit for the facility under this article. The 6-month time period, or alternate time period specified by the Department in the request under § 287.203, does not include periods beginning with the date that the Department receives the applicant’s reply to the Department’s request and ending with the date that the Department makes a subsequent request for corrections or changes under § 287.203.
(e) By July 4, 1995, a person or municipality operating a facility subject to this section may not dispose or process waste at the facility unless one of the following applies:
(1) The person or municipality possesses a permit for the facility issued under this article.
(2) A complete application for a permit is filed, including a general permit or a notice under § 287.644(b) (Reserved) under this article and the Department has not yet rendered a decision with respect to the application.
(f) When the Department denies a permit application for a facility subject to this section, the operator of the facility shall immediately cease accepting, processing or disposing solid waste at the facility and shall file a closure plan consistent with § 287.117 with the Department within 6 months from the date of the permit denial, unless an alternative time period is specified by the Department in writing in the permit denial.
(g) When the Department issues a permit to a facility subject to this section, the owner or operator of the facility shall construct the facility and begin accepting waste within 1 year after the permit is issued, unless a different time period is set forth in the permit.
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.141 (relating to permit application fee); 25 Pa. Code § 287.411 (relating to when a penalty will be assessed); 25 Pa. Code § 287.413 (relating to assessment of penalties; minimum penalties); 25 Pa. Code § 288.123 (relating to groundwater quality description); and 25 Pa. Code § 289.123 (relating to groundwater quality description).
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