GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE,
OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN
USES OF COAL ASH AUTHORIZATION AND LIMITATIONS
§ 287.611. Authorization for general permit.
(a) In accordance with § § 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 and this section, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of residual waste when the following are met:
(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.
(2) The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.
(3) The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(b) The Department may issue a general permit upon its own motion under § 287.625 (relating to Department initiated general permits) or upon an application from a person or municipality under § § 287.621—287.624.
(c) The Department may modify, suspend, revoke or reissue general permits or coverage under a general permit under this subchapter as it deems necessary to prevent harm or threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under Article VIII (relating to municipal waste) or this article, whichever the Department determines appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportion of municipal and residual waste. The requirements in this subchapter that apply to residual waste also apply to municipal waste when mixed with residual waste. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under Chapter 271, Subchapter I (relating to beneficial use).
(e) The Department will not issue a general permit for the following:
(1) A residual waste disposal impoundment.
(2) A residual waste landfill, a valley fill or other fill.
(3) The use of residual waste to fill open pits from coal or noncoal mining except for coal ash mixed with residual waste when the use does not present a safety hazard, will improve the overall quality of the area, is limited to the filling to natural contours of the land and does not present a threat to public health or the environment.
(4) The use of residual waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste. A general permit may be issued for the beneficial use of waste as a construction material.
(5) The placement of waste oil or asbestos-containing waste on roads in this Commonwealth.
(6) Surface land disposal activities.
(7) The use of residual waste for construction or operations at a disposal facility.
(f) The Department may issue a general permit on a regional or Statewide basis for a category of processing when processing is necessary to prepare a residual waste for beneficial use, or for a category of beneficial use, or both, for coal ash mixed with other residual waste.
(g) The Department may issue a general permit on a regional or Statewide basis for the use, as construction material, of soil and other materials that do not meet the clean fill criteria.
Source The provisions of this § 287.611 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (244318) and (226567).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); 25 Pa. Code § 287.625 (relating to Department initiated general permits); 25 Pa. Code § 287.631 (relating to contents of general permits); and 25 Pa. Code § 297.1 (relating to scope).
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