§ 287.116. Interim operational requirements.
(a) Each operator of a residual waste disposal or processing facility subject to § 287.115 (relating to filing by permitted 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).
(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 § 287.115 to take measures to abate offsite leachate migration, groundwater degradation, offsite air emissions, 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 under this article.
(c) Prior to receiving a permit from the Department under this article, the operator of a facility subject to § 287.115 may not do the following:
(1) Dispose of solid waste on an area where solid waste was not authorized to be disposed under the permit as of July 4, 1992.
(2) For impoundments, expand or enlarge the capacity of the facility beyond the capacity that existed as of July 4, 1992.
(3) Increase the average daily volume of waste accepted at the facility beyond the average daily volume that was accepted as of July 4, 1992, without the written authorization of the Department.
(4) Change the method or the technology used to process solid waste at the facility from the method or technology employed by the facility on July 4, 1992 without the written authorization of the Department.
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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