REGISTRATION AND DETERMINATION OF APPLICABILITY
§ 287.641. Inclusion in a general permit.
(a) A person or municipality is authorized to operate under a general permit if one of the following occurs:
(1) The applicable general permit requires persons or municipalities to register with the Department prior to operating under the general permit, and the person or municipality has registered in accordance with the terms of the general permit.
(2) The applicable general permit requires persons or municipalities to apply for and obtain a determination of applicability from the Department prior to operating under the general permit, and the Department has made this determination.
(b) Except as provided in subsections (c) and (d), as a condition of each general permit, the Department will require persons or municipalities who intend to operate under the general permit to register with the Department within a specified time period prior to conducting the activity authorized by the general permit.
(c) For beneficial use general permits where the residual waste is to be used as a construction material, antiskid material or otherwise placed directly onto the land, as a condition of the general permit, the Department will require persons or municipalities who intend to operate under the general permit to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The Department may require persons or municipalities that intend to operate under a general permit for land application either to apply for and obtain a determination of applicability or register with the Department.
(d) The Department may impose the determination of applicability condition described in subsection (c) on general permits for beneficial use or processing activities other than those described in that subsection if the Department determines that the condition is necessary to prevent harm or a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(e) Registration or application requirements and time limits, if any, shall be set forth in the general permit governing each category of beneficial use or processing of residual waste.
(f) At a minimum, the registration or application shall include:
(1) The name and address of the person or municipality conducting the activity covered by the general permit.
(2) A description of each waste which will be beneficially used or processed in accordance with the general permit.
(3) A description of the proposed method of processing or beneficial use of the waste.
(4) If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with § 287.132 (relating to chemical analysis of waste).
(5) For beneficial use general permits for which an evaluation was submitted under § 287.621(b)(5)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that subsection if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.
(6) The name or number of the general permit being utilized for the activity.
(7) A demonstration that the activities which the person or municipality intends to conduct are authorized by the general permit.
(8) A signed and notarized statement by the person or municipality conducting the activity authorized by the general permit, on a form prepared by the Department, which states that the person or municipality agrees to accept the conditions imposed by the general permit for beneficial use or processing of residual waste under the general permit.
(g) A person or municipality that registers for coverage under a general permit, or applies to the Department for a determination of applicability of a general permit, shall submit a copy of the registration or application to the host municipality and the appropriate county, county planning agency and county health department, if one exists, at the same time that the person or municipality files the registration or application with the Department. The host municipality and host county shall be determined by the location of the person’s or municipality’s primary or first beneficial use or processing operation under the general permit.
Source The provisions of this § 287.641 amended January 24, 1997, effective January 25, 1997, 26 Pa.B. 521. Immediately preceding text appears at serial pages (199712) to (199713).
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 § 287.611 (relating to authorization for general permit); 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 § 287.631 (relating to contents of general permits); 25 Pa. Code § 287.642 (relating to determination of applicability); 25 Pa. Code § 287.643 (relating to registration); and 25 Pa. Code § 297.1 (relating to scope).
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