§ 287.115. Filing by permitted facilities.
(a) Preliminary application. By July 4, 1994, each operator of a residual waste disposal or processing facility that is authorized by a permit issued by the Department under the act, or, for disposal impoundments, The Clean Streams Law, before July 4, 1992, shall file with the Department a preliminary application for permit modification under this section or a closure plan under § 287.117 (relating to closure plan).
(b) Differences. The preliminary application for permit modification for a residual waste processing or disposal facility shall describe differences between the existing permit and the requirements of this article, including the following areas:
(1) Surface water drainage design.
(2) Sedimentation pond design.
(3) Waste analysis.
(4) Surface water and groundwater monitoring.
(5) Bonding and insurance.
(6) For residual waste landfills and residual waste disposal impoundments:
(i) Cap and drainage layer requirements.
(ii) Liner system requirements.
(iii) Leachate treatment requirements.
(7) For residual waste disposal impoundments, waste solidification requirements.
(c) Modification.
(1) For residual waste landfills permitted under the act before July 4, 1992, and residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may waive or modify the liner system and leachate treatment requirements that would otherwise be applicable under this article after approval of a complete application for permit modification, if the following conditions are met:
(i) The Department approves, and the operator implements, a groundwater monitoring plan that meets the requirements of this article.
(ii) The operator demonstrates one of the following in the preliminary application:
(A) Groundwater degradation from the facility, based on sampling and analysis data for a 1-year period that meets the requirements of this article, does not exceed the background or Statewide health standard for a contaminant at the property boundary.
(B) The operator has complied and will continue to comply with the applicable requirements for groundwater assessment and groundwater abatement in this article and has demonstrated that the abatement will result in restoration of the groundwater to levels that are at least equivalent to the background or Statewide health standards for a contaminant at the property boundary. It is not necessary, for purposes of this demonstration, that restoration of groundwater to these levels occur before closure. However, this paragraph in no way alters the operator’s obligations for final closure certification under § 287.342 (relating to final closure certification) or as otherwise provided in Subchapter E (relating to bonding and insurance requirements).
(iii) The physical properties and chemical composition of the waste have not changed since the permit was issued based on continued sampling and analysis of the waste that is consistent with the permit.
(2) For residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under § § 289.271—289.273 (relating to general requirements; inside slopes; and outside slopes and terraces) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required in § § 289.271—289.273.
(3) The Department may revoke action taken under this subsection if the conditions at the site no longer meet the requirements in this subsection.
(4) The liner system and leachate treatment system requirements may not be modified or waived for areas identified in an application for a new permit or permit modification submitted after January 13, 2001.
(d) Complete application. Within a period not to exceed 9 months after receiving notice from the Department, a person or municipality that filed a preliminary application for permit modification shall file with the Department a complete application for permit modification to correct differences between the existing permit and the requirements of this chapter. The Department’s notice may specify a period of less than 9 months.
(e) Deadline for allowing interim operation.. By July 4, 1994, a person or municipality that operates a facility subject to this section may not dispose or process waste at the facility unless a preliminary application for permit modification or a closure plan is filed under this section.
(f) Deadline for allowing continued operation. By July 4, 1997, a person or municipality that operates a facility subject to this section may not store, dispose or process waste at the facility unless one of the following applies:
(1) A complete application for permit modification is filed under this section, and the Department has not yet rendered a decision with respect to the application.
(2) The person or municipality possesses a permit for the facility that is consistent with this article.
(g) Closure plan. A person or municipality that is required under subsection (e) or (f) to cease storage, disposal or processing of waste shall submit a closure plan under § 287.117 (relating to closure plan). An application for a new permit shall be filed in accordance with this article to receive, process or dispose of solid waste.
Source The provisions of this § 287.115 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226501) to (226503).
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 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 § 287.221 (relating to permit reissuance); 25 Pa. Code § 287.222 (relating to permit notification); and 25 Pa. Code § 287.312 (relating to existing facilities).
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