Subchapter B. DUTIES OF GENERATORS
Sec.
287.51. Scope.
287.52. Biennial report.
287.53. Source reduction strategy.
287.54. Chemical analysis of waste.
287.55. Retained recordkeeping.
287.56. Other responsibilities.
Cross References This subchapter cited in 25 Pa. Code § 287.101 (relating to general requirements for permit); and 25 Pa. Code § 287.601 (relating to scope).
§ 287.51. Scope.
(a) A person or municipality that generates more than an average of 2,200 pounds of residual waste per generating location per month based on generation in the previous year shall comply with the biennial report and source reduction strategy requirements under § § 287.52 and 287.53 (relating to biennial report; and source reduction strategy).
(b) A person or municipality that generates more than 2,200 pounds of residual waste per generating location in any single month in the previous year shall comply with § 287.54 (relating to chemical analysis of waste). The Department may waive or modify this requirement for individual types of waste that are generated in quantities of less than 2,200 pounds per month per generating location.
(c) Sections 287.52—287.54 (relating to biennial report; source reduction strategy; and chemical analysis of waste) do not apply to the following:
(1) Persons or municipalities that generate residual waste as a result of collecting the waste, including the collection of parts, machinery, vehicles and appliances from the repair or replacement of the parts, machinery, vehicles and appliances.
(2) Persons or municipalities that create waste from a spill, release, fire, accident or other unplanned event.
(3) Persons or municipalities that generate oil that has been used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
Authority The provisions of this § 287.51 issued under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471—480); The Clean Streams Law (35 P. S. § § 691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); amended under sections 5(b) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b) and 691.402); section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.302); section 408(e) of the Pennsylvania Used Oil Recycling Act (58 P. S. § 408(e)); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); section 105(4) of the Waste Tire Recycling Act (35 P. S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); the Infectious and Chemotherapeutic Waste Law (35 P. S. § § 6019.1—6019.6); and the Vehicle Code, 75 Pa.C.S. § 4909(e).
Source The provisions of this § 287.51 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873. Immediately preceding text appears at serial pages (273394) to (273395).
Cross References This section cited in 25 Pa. Code § 287.56 (relating to other responsibilities); 25 Pa. Code § 298.25 (relating to source reduction strategy); and 25 Pa. Code § 298.26 (relating to biennial report).
§ 287.52. Biennial report.
(a) By March 1 of each odd numbered year, a person or municipality subject to this subchapter shall file a report with the Department.
(b) The report, which shall be submitted on a form prepared by the Department, shall include the following:
(1) The name, mailing address, county and telephone number of the person or municipality that generated the waste.
(2) A generator identification number for the facility that generated the waste, which will be provided by the Department. If an EPA identification number has been assigned to the person or municipality, the EPA identification number shall be the generator number.
(3) The name and telephone number of a contact person who can answer questions about the report.
(4) A brief description of the nature of the business and up to four Standard Industrial Code (SIC) numbers which best reflect the principal products or services provided by the facility.
(5) The types of residual waste generated in the previous year, related SIC numbers and weight of each type of residual waste. For each type of residual waste, the report shall also state:
(i) Whether the waste was disposed or processed on the premises where it was generated or at a facility that is not on the premises where the waste was generated.
(ii) Whether the waste was liquid waste.
(iii) If the generating facility was required to file a Toxic Chemical Release Inventory (TRI) Reporting Form under section 313 of the Emergency Planning and Community Right to Know Act (42 U.S.C.A. § 11023), Chemical Abstract Service Registry numbers, as they appear in the Reporting Form, for up to five constituents that represent the most concentrated reportable constituents in the waste.
(6) A description of the generator’s efforts to implement its source reduction strategy under § 287.53 (relating to source reduction strategy) and, to the extent the information is available for years before 1991, a description of changes in the weight or toxicity of waste achieved during the year compared to previous years.
(7) The name, location and permit identification number for each processing or disposal facility that has been authorized to receive the generator’s waste.
(c) The report shall be signed by a responsible official for the person or municipality that generated the residual waste. If the person or municipality is a corporation, limited liability company or partnership, the report shall be signed by an officer of the corporation, manager of the limited liability company or a partner in the partnership, whichever is applicable.
Source The provisions of this § 287.52 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239011) to (239012).
Cross References This section cited in 25 Pa. Code § 78.121 (relating to annual production report); 25 Pa. Code § 78a.121 (relating to production reporting); 25 Pa. Code § 287.51 (relating to scope); 25 Pa. Code § 287.56 (relating to other responsibilites); 25 Pa. Code § 287.413 (relating to assessment of penalties; minimum penalties); and 25 Pa. Code § 298.26 (relating to biennial report).
§ 287.53. Source reduction strategy.
(a) A person or municipality subject to this subchapter shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be maintained on the premises where the waste is generated, shall be available on the premises for inspection by a representative of the Department and shall be submitted to the Department upon request.
(b) For each type of waste generated, the strategy shall include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description shall quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality has established a source reduction program.
(3) If the person or municipality has established a source reduction program as described in paragraph (2), the strategy shall identify the methods and procedures that the person or municipality will implement to achieve a reduc-tion in the weight or toxicity of the waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(4) If the person or municipality has not established a source reduction program as described in paragraph (2), the strategy shall include the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when one or more of the following occur:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If residual waste generated by a person or municipality will be processed or disposed of at a solid waste management facility which has applied to the Department for approval to process or dispose of the waste, the person or municipality that generated the residual waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility. If residual waste generated by a person or municipality is processed or disposed of at a solid waste management facility which has received written approval from the Department to process or dispose of the waste, the person or municipality shall submit the source reduction strategy required by this section to the facility whenever the Department requires the person or municipality to update the strategy.
(e) The strategy shall be signed by a responsible official for the person or municipality that generated the waste. If the person or municipality is a corporation, limited liability company or partnership, the report shall be signed by an officer of the corporation, manager of the limited liability company or a partner in the partnership, whichever is applicable.
(f) The Department may in writing waive or modify the requirements of this section for research and developement activities.
Source The provisions of this § 287.53 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239012) and (255095).
Cross References This section cited in 25 Pa. Code § 271.612 (relating to source reduction strategy); 25 Pa. Code § 287.51 (relating to scope); 25 Pa. Code § 287.52 (relating to biennial report); 25 Pa. Code § 287.56 (relating to other responsibilities); 25 Pa. Code § 287.133 (relating to source reduction strategy); and 25 Pa. Code § 298.25 (relating to source reduction strategy).
§ 287.54. Chemical analysis of waste.
(a) In accordance with subsection (b), a person or municipality subject to this subchapter shall:
(1) Perform a detailed analysis that fully characterizes the physical properties and chemical composition of each type of waste that is generated. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.
(2) Make a determination of whether the waste is a hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).
(3) Submit a copy of the analysis, determination and a record of laboratory quality control procedures and the use of those procedures to the Department on forms prepared by the Department and to each solid waste management facility which accepts or proposes to accept the waste from the person or municipality for processing or disposal in accordance with written approval from the Department. The information which shall be submitted to a solid waste management facility may be limited to information pertaining to the particular types of waste which the facility receives in accordance with Departmental approval. The submittal of quality control procedures and procedure information may be waived by the Department if the information has been previously submitted to the Department.
(b) A person or municipality shall comply with subsection (a) in accordance with the following timetable:
(1) If residual waste generated by the person or municipality will be processed or disposed of at a solid waste management facility which has applied to the Department for approval to process or dispose of the waste, the person or municipality shall comply with subsection (a) upon the request of the solid waste management facility.
(2) If residual waste generated by the person or municipality is processed or disposed of at a solid waste management facility which has received written approval from the Department to process or dispose of the waste, the person or municipality shall comply with subsection (a) for the wastes annually, on or before the anniversary date of the Department’s approval. In addition, the annual submission to the Department shall identify the permit numbers of each solid waste management facility that receives residual waste from the person or municipality in accordance with Departmental approval, and the weight or volume of the waste received in the previous year at each facility.
(3) If residual waste generated by the person or municipality is processed or disposed of at a solid waste management facility in this Commonwealth which lacks a permit under the act, or which is not located in this Commonwealth, the person or municipality that generated the waste shall comply with subsection (a) for the wastes on or before March 1 of each year. In addition, the annual submission to the Department shall identify the name, address and telephone number of each solid waste management facility that receives residual waste from the person or municipality, a permit number assigned to the facility by the applicable regulatory agency for facilities not located in this Commonwealth and the weight or volume of the waste received in the previous year at each facility.
(c) The analytical methodologies used to meet the requirements of subsection (a) shall be those in the most recent edition of the EPA’s ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846), ‘‘Methods for Chemical Analysis of Water and Wastes’’ (EPA 600/4-79-020), ‘‘Standard Methods for Examination of Water and Wastewater’’ (prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation) or a comparable method subsequently approved by the EPA or the Department.
(d) The person taking the samples and the laboratory performing the analysis required by subsection (a) shall employ the quality assurance/quality control procedures described in the EPA’s ‘‘Handbook for Analytical Quality Control in Water and Wastewater Laboratories’’ (EPA 600/4-79-019) or ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846).
(e) A record of the analyses and certifications required by this section, as well as a record of the laboratory’s quality control procedures and use of those procedures, shall be kept on the premises where the residual waste was generated and shall be available to the Department for inspection.
(f) If a person or municipality has submitted an initial analysis for residual waste that meets the requirements of subsection (a)(1), in lieu of annually performing the analysis required by subsection (b), an authorized representative of the person or municipality may sign and submit to the Department and to the solid waste management facility that receives the waste from the person or municipality, a certification that the physical and chemical properties of the waste, and the process by which the waste was generated, have not changed from those set forth for the previous year, if the permit for the facility authorizes the certification or that the waste is processed or disposed of at a solid waste management facility that is not located in this Commonwealth.
(g) Notwithstanding the certification permitted in subsection (f), a chemical analysis that meets the requirements of subsections (a), (c) and (d) shall be completed every 5 years.
(h) The Department may, in writing, waive or modify the requirements of this section for special handling waste.
Source The provisions of this § 287.54 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255095) to (255096) and (239015).
Cross References This section cited in 25 Pa. Code § 78a.58 (relating to onsite processing); 25 Pa. Code § 271.611 (relating to chemical analysis of waste); 25 Pa. Code § 273.313 (relating to annual operation report); 25 Pa. Code § 277.312 (relating to annual operation report); 25 Pa. Code § 279.252 (relating to annual operation report); 25 Pa. Code § 281.272 (relating to annual operation report); 25 Pa. Code § 283.262 (relating to annual operation report); 25 Pa. Code § 287.51 (relating to scope); 25 Pa. Code § 287.56 (relating to other responsibilities); 25 Pa. Code § 287.132 (relating to chemical analysis of waste); 25 Pa. Code § 288.283 (relating to annual operation report); 25 Pa. Code § 289.303 (relating to annual operation report); 25 Pa. Code § 291.222 (relating to annual operation report); 25 Pa. Code § 293.252 (relating to annual operation report); 25 Pa. Code § 295.272 (relating to annual operation report); 25 Pa. Code § 297.262 (relating to annual operation report); and 25 Pa. Code § 298.25 (relating to source reduction strategy).
§ 287.55. Retained recordkeeping.
(a) A person or municipality that generates any quantity of residual waste shall:
(1) Maintain records that include the types and amounts of waste generated, the date on which the waste was generated, the date on which the waste was disposed of or processed onsite, the name, address and telephone number of a person or municipality that transported the waste and the name, address and phone number of the processing or disposal facility or other destination to which the waste was transported.
(2) Retain the records on the premises where the residual waste was generated for 5 years after the waste was generated.
(3) Make the records available for inspection upon request to a representative of the Department.
(b) This section does not apply to residual waste generated in a house or residence.
Authority The provisions of this § 287.55 issued under the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003); the Pennsylvania Used Oil Recycling Act (58 P.S. § § 471—480); The Clean Streams Law (35 P.S. § § 691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. § § 4000.101—4000.1904); amended under sections 5(b) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b) and 691.402); section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. § 4000.302); section 408(e) of the Pennsylvania Used Oil Recycling Act (58 P.S. § 408(e)); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-5, 510-17 and 510-20); section 105(4) of the Waste Tire Recycling Act (35 P.S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); the Infectious and Chemotherapeutic Waste Law (35 P.S. § § 6019.1—6019.6); and the Vehicle Code, 75 Pa.C.S. § 4909(e).
Source The provisions of this § 287.55 amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239015) to (239016).
Cross References This section cited in 25 Pa. Code § 287.56 (relating to other responsibilities); and 25 Pa. Code § 298.26 (relating to biennial report).
§ 287.56. Other responsibilities.
Nothing in § § 287.51—287.55 limits or modifies other responsibilities of persons or municipalities that generate residual waste for disposing, processing, storing or transporting of residual waste under this article or the environmental protection acts.
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