§ 287.2. Scope.
(a) This chapter specifies general procedures and rules for persons or municipalities who generate, manage or handle residual waste. This article specifies the Department’s requirements for residual waste processing, disposal, transportation, collection and storage.
(b) Management of the following types of residual waste is subject to Article VIII (relating to municipal waste) instead of this article, and shall be regulated as if the waste is municipal waste regardless of whether the waste is a municipal waste or residual waste:
(1) Construction/demolition waste, as defined in § 271.1 (relating to definitions).
(2) Regulated medical and chemotherapeutic waste. The terms shall have the same meaning for residual waste as set forth in § 271.1.
(3) Leaf waste and grass clippings.
(4) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(c) Management of the following types of waste is subject to this article instead of Article VIII, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:
(1) Water supply treatment plant sludges.
(2) Waste oil that is not hazardous waste.
(3) Waste tires and autofluff.
(4) Contaminated soil.
(5) Used asphalt.
(6) Dredged material.
(d) The disposal, processing, storage and transportation at a municipal waste management facility of the following types of special handling waste is subject to the applicable additional requirements for the disposal, processing, storage and transportation of these wastes in this article, and shall be regulated as if the waste is residual waste regardless of whether the waste is municipal waste or residual waste:
(1) Friable asbestos-containing waste.
(2) PCB-containing waste.
(e) The following activities shall be regulated under Chapter 77 (relating to noncoal mining), instead of this article:
(1) The short-term storage of residual waste generated by noncoal surface mining activities, as defined in § 77.1 (relating to definitions), under a permit under the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3301—3326), if the residual waste is being stored within the permit area of the site where it was generated.
(2) The stockpiling and use of residual waste generated by noncoal surface mining activities, as defined in § 77.1, at the site where it is generated, to reclaim the land affected by the activities pursuant to a permit under the Noncoal Surface Mining Conservation and Reclamation Act.
(f) The extraction, processing, handling and short-term storage of slag pursuant to a permit under the Noncoal Surface Mining Conservation and Reclamation Act shall be regulated under Chapter 77, if applicable, instead of this article, if the slag to be excavated, processed, handled or stored on a short-term basis is not hazardous waste and does not contain solid waste other than slag.
(g) A pit, impoundment, method or facility employed for the disposal, storage or processing of residual waste which is generated by drilling or production of an oil or gas well, and is located on the well site as defined in section 603a of the Oil and Gas Act (58 P.S. § 601.603a), shall be regulated under Chapter 78 (relating to oil and gas wells), instead of this article, if the owner or operator of the well meets the conditions of section 603a of the Oil and Gas Act.
(h) The management and disposal of low-level radioactive waste shall be regulated under Chapter 236 (relating to low-level radioactive waste management and disposal), instead of this article.
(i) If residual waste is disposed, processed or treated at a permitted hazardous waste treatment, storage or disposal unit at a facility, it shall be managed as a hazardous waste at that unit under Article VII (relating to hazardous waste management) rather than as a residual waste under this article.
(j) Action taken by the Department under this article will be subject to the Environmental Hearing Board Act (35 P.S. § § 7511—7514) and Chapter 1021 (relating to practice and procedures).
(k) The Department may waive or modify requirements in this article that would otherwise apply to a residual waste management facility that is permitted by the EPA under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629).
Source The provisions of this § 287.2 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (354411) to (354412) and (336645).
Notes of Decisions Waste Tires
Waste tires are no longer ‘‘waste’’ once it can be shown that the tires will be recycled by being used or reused as an ingredient in an industrial process to make a product or by being employed in a particular function or application as an effective substitute for a commercial product. Tire Jockey Service v. Department of Environmental Protection, 836 A.2d 1026, 1030 (Pa. Cmwlth. 2003); affirmed 915 A.2d 1165 (Pa. 2007).
The accumulation of waste tires which were buried by Defendant are ‘‘residual waste’’ and, therefore, considered to be solid waste under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003). Commonwealth v. Packer, 798 A.2d 192 (Pa. 2002).
Cross References This section cited in 25 Pa. Code § 287.101 (relating to general requirements for permit).
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