§ 287.114. Interim operational requirements for unpermitted processing or disposal facilities.
(a) Each operator of a facility subject to § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities) shall comply with the operating requirements of this article prior to receiving a permit from the Department under this article, except the following:
(1) Sections 288.431—288.440 and 288.451—288.457 (relating to additional operating requirements—liner system; and additional operating requirements—leachate treatment).
(2) Sections 288.531—288.539 and 288.551—288.557 (relating to additional operating requirements—liner system; and additional operating requirements—leachate treatment) and leachate treatment requirements for Class II landfills).
(3) Sections 289.271—289.273 (relating to general requirements; inside slopes; and outside slopes and terraces).
(4) Sections 289.431—289.439 and 289.451—289.457 (relating to additional operating requirements—liner system; and additional operating requirements—leachate treatment).
(5) Sections 289.531—289.538 and 289.551—289.557 (relating to additional operating requirements—liner systems; and additional operating requirements—leachate treatment).
(b) Nothing in subsection (a) prevents the Department from requiring the operator of a facility subject to § 287.113 to take measures to abate offsite leachate migration, groundwater degradation or another public nuisance or threat of harm to public health, safety, welfare or the environment caused by the operator’s failure to comply with § § 288.431—288.440, 288.451—288.457, 288.531—288.539, 288.551—288.557, 289.271—289.273, 289.431—289.439, 289.451—289.457, 289.531—289.538, 289.551—289.557 or prior to receiving a permit from the Department.
(c) It shall be a significant violation of the act or this article for the operator of a facility subject to § 287.113 prior to receiving a permit from the Department to do one or more of the following:
(1) Process or dispose of a type of solid waste that was not processed or disposed at the facility prior to July 4, 1992.
(2) Dispose of solid waste on an area where solid waste was not disposed as of July 4, 1992.
(3) For impoundments, enlarge the capacity of the facility beyond the capacity that existed as of July 4, 1992.
(4) Expand the capacity of the facility beyond the capacity that existed as of July 4, 1992.
(5) For disposal facilities, increase the average daily volume of waste accepted at the facility beyond the average daily volume that was accepted at the facility as of July 4, 1992.
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); and 25 Pa. Code § 287.118 (relating to Departmental responsibilities).
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