Subchapter C. GENERAL REQUIREMENTS FOR
PERMITS AND PERMIT APPLICATIONS
GENERAL Sec.
287.101. General requirements for permit.
287.102. Permit-by-rule.
287.103. Emergency disposal or processing.
TRANSITION SYSTEM FOR EXISTING FACILITIES
287.111. Notice by impoundments and unpermitted processing or disposal facilities.
287.112. Storage impoundments and storage facilities.
287.113. Permitting procedure for unpermitted processing or disposal facilities.
287.114. Interim operational requirements for unpermitted processing or disposalfacilities.
287.115. Filing by permitted facilities.
287.116. Interim operational requirements.
287.117. Closure plan.
287.118. Departmental responsibilities.
GENERAL APPLICATION REQUIREMENTS
287.121. Application contents.
287.122. Form of application.
287.123. Right of entry.
287.124. Identification of interests.
287.125. Compliance information.
287.126. Requirement for environmental assessment.
287.127. Environmental assessment.
287.128. Verification of application.
WASTE ANALYSIS
287.131. Scope.
287.132. Chemical analysis of waste.
287.133. Source reduction strategy.
287.134. Waste analysis plan.
287.135. Transition period for radiation monitoring.
FEES
287.141. Permit application fee.
PUBLIC NOTICE AND COMMENTS
287.151. Public notice by applicant.
287.152. Public notice by Department.
287.153. Public comments.
287.154. Public notice and public hearings for permit modifications.
Cross References This subchapter cited in 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 288.111 (relating to basic requirements); and 25 Pa. Code § 289.111 (relating to basic requirements).
GENERAL
§ 287.101. General requirements for permit.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the activity from the Department under this article.
(b) A person or municipality is not required to obtain a permit under this article, comply with the bonding or insurance requirements of Subchapter E (relating to bonding and insurance requirements) or comply with Subchapter B (relating to duties of generators) for one or more of the following:
(1) Agricultural waste produced in the course of normal farming operations, if the waste is not hazardous. An agricultural waste will be presumed to be produced in the course of normal farming operations if its application is consistent with that for normal farming operations. A person managing mushroom waste shall implement best management practices. The Department will prepare a manual for the management of mushroom waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for mushroom waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299 (relating to land application of residual waste; composting facilities for residual waste; storage and transportation of residual waste).
(2) The use of food processing waste or food processing sludge in the course of normal farming operations if the waste is not hazardous. A person managing food processing waste shall implement best management practices. The Department will prepare a manual for the management of food processing waste which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for food processing waste, the Department may require compliance with the land application, composting and storage operating requirements of Chapters 291, 295 and 299.
(3) The beneficial use of coal ash under Chapter 290 (relating to beneficial use of coal ash).
(4) The activities described in § 287.2(e)—(h) (relating to scope).
(5) The processing or disposal of residual waste described in § 287.2(b) that is subject to a permit issued by the Department under Article VIII (relating to municipal waste).
(6) The use as clean fill of the materials in subparagraphs (i) and (ii) if they are separate from other waste. The person using the material as clean fill has the burden of proof to demonstrate that the material is clean fill.
(i) The following materials, if they are uncontaminated: soil, rock, stone, gravel, brick and block, concrete and used asphalt.
(ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(7) Processing that results in the beneficial use of scrap metal.
(c) Subsection (b) does not relieve a person or municipality of the requirements of the environmental protection acts or regulations promulgated thereto. Notwithstanding subsection (b), the Department may require a person or municipality to apply for, and obtain, an individual or general solid waste permit, or take other appropriate action, when the person or municipality is conducting a solid waste activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(d) The Department will not require a permit under this article for cleanup or other remediation at the site of a spill, release, fire, accident or other unplanned event, unless the site is part of a permit area for an active facility or the proposed permit area in an application. In requiring cleanup or other remediation at the site, the Department may require compliance with only those provisions of this article that the Department determines necessary to protect human health, safety, welfare and the environment.
(e) The Department will not require a permit under this article for the movement of waste encountered when performing a site remediation under Chapter 250 (relating to administration of land recycling program) where the site-specific standard is specified as the remediation goal for contamination of soil and groundwater, provided the following conditions are met:
(1) The response to the release of regulated substances is being conducted pursuant to the site-specific standard in Chapter 250, Subchapter D (relating to site-specific standards).
(2) The area containing the waste unit is part of the site, as identified under the notice of intent to remediate (NIR), and the notice includes identification of the waste types.
(3) The excavation, movement and placement onsite of the waste shall be incorporated as part of the remedial investigation report which shall be approved by the Department prior to the initiation of remediation activities. The report shall include plans for grading, construction and management of the wastes. The disturbance of a waste disposal unit that is not part of an approved remedial investigation report is not covered under this permit waiver.
(4) The excavation, movement and placement of waste materials onsite may not increase the potential for onsite or offsite runoff of water or dispersal of waste.
(5) The excavation, movement and placement of waste onsite may not adversely affect or endanger public health, safety, welfare, or the environment or cause a public nuisance.
(6) Waste may not be stored or placed in waters of the Commonwealth or in a manner that will cause groundwater or surface water degradation.
Source The provisions of this § 287.101 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273402) and (284491) to (284492).
Cross References This section cited in 25 Pa. Code § 287.121 (relating to application contents); and 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits).
§ 287.102. Permit-by-rule.
(a) Purpose.
(1) This section sets forth classes of facilities that are subject to permit-by-rule. A facility will not be deemed to have a permit-by-rule if it causes or allows violations of the act, the regulations promulgated thereunder, the terms or conditions of a permit issued by the Department or causes a public nuisance. A facility that is subject to permit-by-rule under this section is not required to apply for a permit under this article or comply with the operating requirements of Chapters 288, 289, 291, 293, 295 and 297, if that facility operates in accordance with this section.
(2) A facility is not subject to permit-by-rule under this section unless it meets the following:
(i) The facility complies with Chapter 299 (relating to storage and transportation of residual waste), except as provided in subsections (b)(7), (c)(3) and (i).
(ii) The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of the permits.
(3) A facility is not subject to permit-by-rule under this section unless the operator prepares and maintains the following at the facility in a readily accessible place:
(i) A copy of a Preparedness, Prevention and Contingency (PPC) plan that is consistent with the Department’s most recent guidelines for the developement and implementation of PPC plans.
(ii) Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility, and waste handling problems or emergencies.
(4) Subchapter E (relating to bonding and insurance requirements) is not applicable to facilities which are deemed to have a permit under this section.
(5) Subchapter F (relating to civil penalties and enforcement) is applicable to facilities subject to this section.
(6) The Department may require a person or municipality subject to permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(b) Captive processing facility. A facility that processes residual waste that is generated solely by the operator shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following conditions are met:
(1) Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.
(2) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(3) Processing occurs at the same manufacturing or production facility where some or all of the waste is generated.
(4) The operator performs the analyses required by § § 287.131—287.133 (relating to scope; chemical analysis of waste; and source reduction strategy), and maintains these analyses at the facility. These analyses are not required to be submitted to the Department except upon written request.
(5) If the waste is burned, it meets the following:
(i) The waste is burned in an enclosed device using controlled flame combustion and is directed through a flue as defined in § 121.1 (relating to definitions).
(ii) The waste has more than 5,000 BTUs per pound.
(iii) The combustion unit recovers, exports and delivers for use at least 50% of the energy contained in the waste.
(iv) The amount of energy recovered, exported and delivered by the process exceeds the amount of energy expended in the combustion of the waste.
(6) If processing is part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law, one of the following applies:
(i) The facility discharges into a water of the Commonwealth under the NPDES permit or a permit issued under The Clean Streams Law, and is in compliance with the permit.
(ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards.
(7) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299, the following shall be met:
(i) A water quality monitoring plan that meets the requirements of § § 289.261—289.268 (relating to water quality monitoring) shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of § § 289.261—289.268 for storage impoundments included under this section as part of a captive facility on a case-by-case basis, based on conditions such as the size and location of the impoundment.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department’s approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundment, the operator shall comply with one of the following:
(A) Within 6 months of the Department’s determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department’s determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment under Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) (relating to storage impoundments and storage facilities) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(c) Wastewater treatment facility. A noncaptive processing facility, other than a transfer or composting facility, shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following apply:
(1) The operator performs the analyses required by § § 287.131—287.134 (relating to waste analysis) and maintains the analyses at the facility. These analyses are not required to be submitted to the Department except upon written request.
(2) Processing is solely part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law and one of the following apply:
(i) The facility discharges into a water of the Commonwealth under an NPDES permit, and is in compliance with the permit.
(ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards.
(3) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299, the following shall be met:
(i) A water quality monitoring plan that meets the requirements of § § 289.261—289.268 shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of § § 289.261—289.268 for storage impoundments included under this section as part of a wastewater treatment process on a case-by-case basis, based on conditions such as the size and location of the impoundments.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department’s approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundments, the operator shall comply with one of the following:
(A) Within 6 months of the Department’s determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department’s determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment in accordance with Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(4) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility, and a brief description of the facility.
(d) Incinerator. A residual waste incinerator located at the generation site shall be deemed to have a residual waste permit under this article if, in addition to the requirements of subsection (a), it processes waste that is generated solely by the operator, processing occurs at the same production facility where some or all of the waste is generated and it meets one of the following:
(1) The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. § § 4001—4015) and the regulations promulgated thereunder.
(2) The facility has a capacity of less than 500 pounds per hour and is permitted under the Air Pollution Control Act.
(3) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(e) Beneficial use. The beneficial use of residual waste which the Department has approved, in writing, prior to July 4, 1992, shall be deemed to have a residual waste processing or disposal permit if the person or municipality uses the residual waste in accordance with the terms and conditions of the written approval and the Department has not revoked the approval. The expiration date for permits issued pursuant to this subsection is July 4, 2002, unless a specific permit term is written as a condition of the prior written approval.
(f) Mechanical processing facility. A facility for the processing of residual waste only by mechanical or manual sizing or separation for prompt reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. A noncaptive processing facility that separates waste oil and water does not qualify for a permit-by-rule. A facility for the processing of waste tires may be deemed to have a residual waste permit by rule under this paragraph if the following are met in addition to the requirements in this subsection and in subsection (a):
(1) The mechanical or manual sizing or separation is conducted solely for the purpose of remediating an existing tire pile.
(2) The mechanical or manual sizing or separation is part of a remediation plan that has been approved by the Department.
(3) No additional tires are brought to the site.
(4) The processed tires are promptly removed for offsite reuse or disposal.
(g) Container processing facility. A facility that processes, by cleaning or rinsing, empty containers for refill and reuse shall be deemed to have a residual waste processing permit if the containers are reused for their originally intended purpose, the facility meets the requirements of subsection (a), any rinsate or containers not reused are managed in accordance with the applicable waste management regulations and the operator of the facility submits written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility.
(h) Empty drum reconditioning. A facility that processes, by cleaning or rinsing, empty drums for reconditioning and reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the phone number of the facility, the individual responsible for operating the facility and a description of the waste and the facility.
(i) Temporary storage of residual waste at a hazardous waste transfer facility. A facility that receives and temporarily stores residual waste at a hazardous waste transfer facility and that facilitates the transportation or transfer of that waste to a processing or disposal facility shall be deemed to have a residual waste processing permit under this article if, in addition to the requirements in subsection (a), the following are met:
(1) The residual waste is stored in accordance with the hazardous waste transfer facility requirements in 40 CFR 263.12 (relating to transfer facility requirements) as incorporated by reference in § 263a.10 (relating to incorporation by reference and scope) and modified in § 263a.12 (relating to transfer facility requirements). The management of residual waste shall be included in the PPC plan submitted under § 263a.12.
(2) Residual waste may not be stored unless there is secondary containment around the containers.
(3) The residual waste remains in its original container and is not mixed with other waste.
(4) The containers that store residual waste are clearly labeled with the words “residual waste.”
(5) Residual waste is stored separately from hazardous waste.
(6) Nonputrescible residual waste is stored in accordance with the time periods specified in § 263a.12(1). Putrescible residual waste may not be stored for more than 24 hours.
(7) The bond required under § 263a.32 (relating to bonding) includes coverage for the processing of residual waste.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
Source The provisions of this § 287.102 corrected October 23, 1992, effective July 4, 1992, 22 Pa.B. 5249; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873; corrected September 28, 2001, effective June 2, 2001, 31 Pa.B. 5447. Immediately preceding text appears at serial pages (273404) to (273406) and (280225) to (280228).
Cross References This section cited in 25 Pa. Code § 287.1 (relating to definitions); 25 Pa. Code § 287.421 (relating to administrative inspections); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.103. Emergency disposal or processing.
(a) Notwithstanding any provision of this article or a term or condition of a permit for a solid waste processing or disposal facility, the Department may allow the prompt disposal or processing of waste at a permitted facility if the following are met:
(1) The waste was created, spilled or released during or as a result of an emergency. For purposes of this section, the term ‘‘emergency’’ means a fire, spill, accident or other sudden and unplanned event that harms or threatens public health and safety, public welfare, the environment or causes or threatens to cause personal injury. The term does not include increases in concentrations of contaminants in groundwater from background levels from a solid waste management facility, materials storage tank or similar source.
(2) The compliance status of the operator or a related party under section 503(c) and (d) of the act (35 P. S. § 6018.503(c) and (d)) does not require or allow denial of an application for permit modification, if a permit modification were sought.
(3) Disposal or processing of the waste at the facility, based on accurate and sufficient information about the waste:
(i) Is generally consistent with the types of waste that are permitted to be disposed or processed at the facility, as well as the design of the facility.
(ii) Would not harm or threaten public health and safety, public welfare or the environment or cause personal injury.
(iii) Would not adversely affect the ability of the liner system to prevent groundwater degradation.
(4) Disposal or processing of the waste at the facility is not prohibited by Article VII (relating to hazardous waste management).
(b) In approving the emergency disposal or processing of residual waste under this section, the Department may modify the facility’s permit under section 503(e) of the act (35 P. S. § 6018.503(e)) to impose terms and conditions which are necessary to implement the provisions and purposes of the act, the environmental protection acts and the regulations promulgated thereunder, including this article.
(c) Waste may be stored pending processing or disposal under § 299.117 (relating to emergency storage).
Cross References This section cited in 25 Pa. Code § 299.117 (relating to emergency storage); and 25 Pa. Code § 299.218 (relating to wastes from accidents and spills).
TRANSITION SYSTEM FOR EXISTING FACILITIES
§ 287.111. Notice by impoundments and unpermitted processing or disposal facilities.
(a) By January 4, 1993, each operator of one or more of the following types of facilities shall file with the Department a notice that is consistent with this section for each facility.
(1) A residual waste storage or disposal impoundment, regardless of whether the facility is authorized by a permit issued by the Department.
(2) A residual waste processing or disposal facility that meets the following requirements:
(i) The facility was not authorized by a permit issued by the Department under the act on July 4, 1992.
(ii) The facility received waste for processing or disposal on or after July 4, 1992, regardless of whether the facility is currently receiving waste.
(b) The notice, which shall be on a form prepared by the Department, shall include the following:
(1) A brief description of the type and weight or volume of waste being processed, stored or disposed annually at the facility, the type and weight or volume of waste previously processed, stored or disposed at the facility, and the process that generated the waste.
(2) A brief description of the facility, including size and capacity, and the number, type and design of liners that are placed at the facility.
(3) For each type of waste stored, processed or disposed at the facility, an analysis of the waste that meets the requirements of § 287.132 (relating to chemical analysis of waste), and the results of other chemical or leaching analyses that have been performed on the waste. The Department may approve alternative methods of waste analysis for types of waste which were previously disposed of at the facility if the type of waste is not currently being disposed of at the facility and it is not possible to conduct an analysis of the waste that meets the requirements of § 287.132.
(4) A description of leachate collection and treatment systems at the facility.
(5) The results of surface water or groundwater monitoring, sampling and analysis that have been performed for the facility.
(6) If the facility is an impoundment:
(i) A description of the manner in which solid materials are managed in the impoundment, including the frequency of removal of solids, the frequency with which the impoundment is emptied and an estimate of the volume of solids removed from the impoundment annually.
(ii) A statement of whether the facility is a storage impoundment or a disposal impoundment under § 299.113 (relating to duration of storage), including data or information to support the statement.
(7) A statement of whether the operator plans to file a permit application consistent with this article or a closure plan consistent with this article, or, for storage impoundments, whether the operator plans to upgrade a storage impoundment to comply with this article as part of a permit under The Clean Streams Law.
(8) For processing and disposal facilities, a bond which meets the requirements of § 287.312 (relating to existing facilities).
(9) Except for residual waste storage impoundments, a water quality monitoring plan that meets the requirements of this article. The plan shall include at least one quarter of data, which does not need to be highest local groundwater levels. Groundwater monitoring data for each subsequent quarter shall be submitted to the Department as soon as the data is available. An operator of a residual waste storage impoundment may submit a water quality monitoring plan that meets the requirements of this article with this notice.
(10) A description of the types of actual or potential air emissions from the facility.
(11) A statement of whether the facility is covered by another permit issued under the act or the environmental protection acts, and the type of permit, permit number, and issuing agency, if applicable.
(12) If the facility was not permitted under the act or The Clean Streams Law on July 4, 1992, information showing whether the siting of the facility is prohibited by § § 288.422, 288.522, 288.622, 289.422, 289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is applicable.
(c) A person or municipality operating a facility subject to this section that has not filed the notice required by this section by January 4, 1993, shall immediately cease accepting waste or processing or disposing of waste at the facility and shall file a closure plan under § 287.117 (relating to closure plan) by July 5, 1993, or by an earlier date specified by the Department in writing.
(d) The Department may require operators of facilities subject to this section to file a closure plan under § 287.117 and to cease receiving, processing, storing or disposing of solid waste at the facility if one of the following conditions is met:
(1) The Department finds, based upon the notice required by this section or other information, that the siting of an unpermitted facility is prohibited by § § 288.422, 288.522, 288.622, 289.422, 289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is applicable.
(2) The Department finds, based upon the notice required by this section or other information, that closure of the facility is necessary to protect public health, safety, welfare or the environment, or to prevent or abate a nuisance.
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.312 (relating to existing facilities); 25 Pa. Code § 287.411 (relating to when a penalty will be assessed); 25 Pa. Code § 287.413 (relating to assessment of penalties; minimum penalties); 25 Pa. Code § 288.123 (relating to groundwater quality description); and 25 Pa. Code § 289.123 (relating to groundwater quality description.
§ 287.112. Storage impoundments and storage facilities.
(a) The Department will modify each permit for a residual waste storage impoundment that was issued under the act or The Clean Streams Law before July 4, 1992, to require that the facility will be cleaned out and emptied in accordance with the schedule that the operator of the facility described in the notice required by § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities).
(b) Within 6 months after receiving written notification from the Department, an operator of a residual waste storage impoundment that has not submitted a water quality monitoring plan with the notice required by § 287.111 shall submit the plan to the Department.
(c) The operator of a residual waste storage impoundment shall implement a water quality monitoring plan that meets the requirements of this article within 6 months after the Department approves the plan.
(d) By July 4, 2002, a person or municipality may not store waste in a residual waste storage impoundment unless the operator of the facility has implemented a water quality monitoring plan that has been approved by the Department and that meets the requirements of this article.
(e) Each operator of a residual waste storage impoundment shall comply with the operating requirements of this article prior to receiving a permit from the Department under this article, except § 299.144(a)(10) and (11) (relating to operating requirements). Nothing in this subsection prevents the Department from requiring the operator of a residual waste storage impoundment 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 § 299.144(a)(10) and (11) prior to receiving a permit from the Department.
(f) Modification of operating requirements on repermitting are as follows:
(1) For residual waste storage impoundments permitted and constructed on or before July 4, 1992, the Department may waive or modify the liner system and leachate treatment system requirements that would otherwise be applicable under this article if the following conditions are met:
(i) The Department has approved a groundwater monitoring system for the facility and the system has been installed.
(ii) The operator demonstrates based on sampling and analysis data taken by the operator or the Department that groundwater degradation from the facility does not exceed one of the following for any contaminant:
(A) The Statewide health standard for the contaminant at the property boundary.
(B) The background standard for the contaminant at the property boundary.
(2) For residual waste storage impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under § 299.144(a)(6) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required by § 299.144(a)(6).
(3) The Department may revoke action taken under this subsection if conditions at the site no longer meet the requirements in that paragraph.
(4) Nothing in this subsection prevents the Department from requiring the operator of a storage impoundment subject to this subsection to take measures to abate offsite leachate migration, groundwater degradation, or another public nuisance or threat of harm to public health, safety, welfare or the environment caused by the failure of the operator to install or maintain the liner system and leachate treatment system that would otherwise be required by this article.
(g) A residual waste disposal impoundment that is authorized by a permit issued by the Department under the act or The Clean Streams Law before July 4, 1992, shall comply with § § 287.115 and 287.116 (relating to filing by permitted facilities; and interim operational requirements), instead of this section.
(h) A residual waste disposal impoundment that is not authorized by a permit issued by the Department under the act or The Clean Streams Law before July 4, 1992, shall comply with § § 287.113 and 287.114 (relating to permitting procedure for unpermitted processing or disposal facilities; and interim operational requirements for unpermitted processing or disposal facilities), instead of this section.
(i) The Department may waive or modify the requirements of Chapter 299, Subchapter A (relating to standards for storage of residual waste) for a residual waste storage pile or a residual waste storage container that was authorized by a permit issued by the Department under The Clean Streams Law prior to July 4, 1992. Nothing in this subsection prevents the Department from requiring the operator of a facility that is subject to that subsection to take measures to abate groundwater degradation or any other public nuisance or threat of harm to public health, safety, welfare or the environment caused by the operator’s failure to comply with Chapter 299, Subchapter A.
Source The provisions of this § 287.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226497) to (226499).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); and 25 Pa. Code § 287.118 (relating to Departmental responsibilities).
§ 287.113. Permitting procedure for unpermitted processing or disposal facilities.
(a) Residual waste processing or disposal facilities, including disposal impoundments and facilities subject to general permit, that meet the following requirements are subject to this section:
(1) The facility was not authorized by a permit issued by the Department under the act or, for disposal impoundments, under The Clean Streams Law, on or before July 4, 1992.
(2) The facility received waste for processing or disposal on or after the effective date of these regulations, regardless of whether the facility is currently receiving waste.
(b) An impoundment which stores residual waste for more than 1 year without regularly removing the waste is presumed to be a disposal impoundment in accordance with § 299.113 (relating to duration of storage).
(c) Within 6 months after receiving written notification from the Department, or by July 4, 1995, if the Department does not provide written notification, a person or municipality that operates a residual waste disposal or processing facility that is subject to this section shall file one of the following with the Department:
(1) A closure plan consistent with § 287.117 (relating to closure plan).
(2) A complete permit application consistent with this article, including a closure plan consistent with § 287.117 for any portion of the facility that will be closed.
(d) Within 6 months after the Department has made an initial request to a person or municipality that is subject to this section to make substantive corrections or changes to the application under § 287.203 (relating to review period), or within an alternative time period specified by the Department in the request under § 287.203 the person or municipality shall cease accepting, processing, storing or disposing of solid waste at the facility unless the person or municipality has been issued a permit for the facility under this article. The 6-month time period, or alternate time period specified by the Department in the request under § 287.203, does not include periods beginning with the date that the Department receives the applicant’s reply to the Department’s request and ending with the date that the Department makes a subsequent request for corrections or changes under § 287.203.
(e) By July 4, 1995, a person or municipality operating a facility subject to this section may not dispose or process waste at the facility unless one of the following applies:
(1) The person or municipality possesses a permit for the facility issued under this article.
(2) A complete application for a permit is filed, including a general permit or a notice under § 287.644(b) (Reserved) under this article and the Department has not yet rendered a decision with respect to the application.
(f) When the Department denies a permit application for a facility subject to this section, the operator of the facility shall immediately cease accepting, processing or disposing solid waste at the facility and shall file a closure plan consistent with § 287.117 with the Department within 6 months from the date of the permit denial, unless an alternative time period is specified by the Department in writing in the permit denial.
(g) When the Department issues a permit to a facility subject to this section, the owner or operator of the facility shall construct the facility and begin accepting waste within 1 year after the permit is issued, unless a different time period is set forth in the permit.
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.141 (relating to permit application fee); 25 Pa. Code § 287.411 (relating to when a penalty will be assessed); 25 Pa. Code § 287.413 (relating to assessment of penalties; minimum penalties); 25 Pa. Code § 288.123 (relating to groundwater quality description); and 25 Pa. Code § 289.123 (relating to groundwater quality description).
§ 287.114. Interim operational requirements for unpermitted processing or disposal facilities.
(a) Each operator of a facility subject to § 287.113 (relating to permitting procedure for unpermitted processing or disposal 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) and leachate treatment requirements for Class II landfills).
(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 § 287.113 to take measures to abate offsite leachate migration, groundwater degradation 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.
(c) It shall be a significant violation of the act or this article for the operator of a facility subject to § 287.113 prior to receiving a permit from the Department to do one or more of the following:
(1) Process or dispose of a type of solid waste that was not processed or disposed at the facility prior to July 4, 1992.
(2) Dispose of solid waste on an area where solid waste was not disposed as of July 4, 1992.
(3) For impoundments, enlarge the capacity of the facility beyond the capacity that existed as of July 4, 1992.
(4) Expand the capacity of the facility beyond the capacity that existed as of July 4, 1992.
(5) For disposal facilities, increase the average daily volume of waste accepted at the facility beyond the average daily volume that was accepted at the facility as of July 4, 1992.
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).
§ 287.115. Filing by permitted facilities.
(a) Preliminary application. By July 4, 1994, each operator of a residual waste disposal or processing facility that is authorized by a permit issued by the Department under the act, or, for disposal impoundments, The Clean Streams Law, before July 4, 1992, shall file with the Department a preliminary application for permit modification under this section or a closure plan under § 287.117 (relating to closure plan).
(b) Differences. The preliminary application for permit modification for a residual waste processing or disposal facility shall describe differences between the existing permit and the requirements of this article, including the following areas:
(1) Surface water drainage design.
(2) Sedimentation pond design.
(3) Waste analysis.
(4) Surface water and groundwater monitoring.
(5) Bonding and insurance.
(6) For residual waste landfills and residual waste disposal impoundments:
(i) Cap and drainage layer requirements.
(ii) Liner system requirements.
(iii) Leachate treatment requirements.
(7) For residual waste disposal impoundments, waste solidification requirements.
(c) Modification.
(1) For residual waste landfills permitted under the act before July 4, 1992, and residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may waive or modify the liner system and leachate treatment requirements that would otherwise be applicable under this article after approval of a complete application for permit modification, if the following conditions are met:
(i) The Department approves, and the operator implements, a groundwater monitoring plan that meets the requirements of this article.
(ii) The operator demonstrates one of the following in the preliminary application:
(A) Groundwater degradation from the facility, based on sampling and analysis data for a 1-year period that meets the requirements of this article, does not exceed the background or Statewide health standard for a contaminant at the property boundary.
(B) The operator has complied and will continue to comply with the applicable requirements for groundwater assessment and groundwater abatement in this article and has demonstrated that the abatement will result in restoration of the groundwater to levels that are at least equivalent to the background or Statewide health standards for a contaminant at the property boundary. It is not necessary, for purposes of this demonstration, that restoration of groundwater to these levels occur before closure. However, this paragraph in no way alters the operator’s obligations for final closure certification under § 287.342 (relating to final closure certification) or as otherwise provided in Subchapter E (relating to bonding and insurance requirements).
(iii) The physical properties and chemical composition of the waste have not changed since the permit was issued based on continued sampling and analysis of the waste that is consistent with the permit.
(2) For residual waste disposal impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under § § 289.271—289.273 (relating to general requirements; inside slopes; and outside slopes and terraces) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required in § § 289.271—289.273.
(3) The Department may revoke action taken under this subsection if the conditions at the site no longer meet the requirements in this subsection.
(4) The liner system and leachate treatment system requirements may not be modified or waived for areas identified in an application for a new permit or permit modification submitted after January 13, 2001.
(d) Complete application. Within a period not to exceed 9 months after receiving notice from the Department, a person or municipality that filed a preliminary application for permit modification shall file with the Department a complete application for permit modification to correct differences between the existing permit and the requirements of this chapter. The Department’s notice may specify a period of less than 9 months.
(e) Deadline for allowing interim operation.. By July 4, 1994, a person or municipality that operates a facility subject to this section may not dispose or process waste at the facility unless a preliminary application for permit modification or a closure plan is filed under this section.
(f) Deadline for allowing continued operation. By July 4, 1997, a person or municipality that operates a facility subject to this section may not store, dispose or process waste at the facility unless one of the following applies:
(1) A complete application for permit modification is filed under this section, and the Department has not yet rendered a decision with respect to the application.
(2) The person or municipality possesses a permit for the facility that is consistent with this article.
(g) Closure plan. A person or municipality that is required under subsection (e) or (f) to cease storage, disposal or processing of waste shall submit a closure plan under § 287.117 (relating to closure plan). An application for a new permit shall be filed in accordance with this article to receive, process or dispose of solid waste.
Source The provisions of this § 287.115 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226501) to (226503).
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.141 (relating to permit application fee); 25 Pa. Code § 287.221 (relating to permit reissuance); 25 Pa. Code § 287.222 (relating to permit notification); and 25 Pa. Code § 287.312 (relating to existing facilities).
§ 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).
§ 287.117. Closure plan.
(a) A closure plan for a residual waste processing or disposal facility submitted under § 287.113 or 287.115 (relating to permitting procedure for unpermitted processing or disposal facilities; and filing by permitted facilities) shall show how the operator plans to close in a manner that will protect public health, safety and the environment. Except as provided in subsections (c) and (d), the closure plan shall be consistent, at a minimum, with the applicable regulations for the type of facility concerning the following:
(1) Sedimentation and erosion control.
(2) Revegetation.
(3) Water quality monitoring.
(4) Bonding and insurance.
(5) For residual waste landfills and residual waste disposal impoundments:
(i) Final cover and grading.
(ii) Leachate management.
(iii) Gas venting and monitoring.
(6) For residual waste disposal impoundments, waste solidification.
(b) The Department may waive or modify the applicable regulations concerning subsection (a) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.
(c) A person or municipality that has submitted a water quality monitoring plan and bonding as part of the notice required by § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities) is not required to resubmit the information as part of the closure plan.
(d) A person or municipality may propose, as part of the closure plan submitted under subsection (a), to remove standing liquids, waste and waste residues, liners, and underlying and surrounding contaminated soil, and to dispose of the waste material at a solid waste management facility that is permitted to accept the waste. The person or municipality may request final closure certification under § 287.342 (relating to final closure certification) upon completion of a closure plan approved under this section.
(e) The Department may approve, approve with modifications, or disapprove a closure plan submitted under this subchapter.
(f) A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.
(g) A person or municipality that submitted a closure plan to the Department under § 287.113 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:
(1) The date stated in the closure plan approved by the Department under this section.
(2) By July 4, 1995.
(h) A person or municipality that submitted a closure plan to the Department under § 287.115 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:
(1) The date stated in the closure plan approved by the Department under this section.
(2) By July 4, 1997.
(3) When the facility reaches final permitted capacity.
(i) The Department may require a person or municipality that closed a residual waste processing or disposal facility after September 7, 1980, to submit a closure plan under this section. The person or municipality shall submit the closure plan within 6 months after receiving written notice.
(j) Groundwater degradation at a solid waste facility that ceased receiving waste after September 7, 1980, shall be remediated in accordance with one of the following:
(1) An approved closure plan, permit or any administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department prior to January 13, 2001.
(2) Section 287.342 (relating to final closure certification), if paragraph (1) is not applicable or if a remediation is conducted under a document in paragraph (1) that has been so modified and approved.
Source The provisions of this § 287.117 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226505) to (226506).
Cross References This section cited in 25 Pa. Code § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities); 25 Pa. Code § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities); 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.312 (relating to existing facilities); and 25 Pa. Code § 287.371 (relating to insurance requirement).
§ 287.118. Departmental responsibilities.
(a) Nothing in § § 287.111—287.117 prevents the Department from taking action necessary or appropriate to enforce the act, the environmental protection acts or the regulations promulgated thereunder, to protect public health, safety, welfare or the environment, or to prevent or abate a public nuisance.
(b) Notwithstanding any deadline in § § 287.111—287.117, the Department may require an operator to conduct groundwater monitoring or another activity required by this article that the Department believes is necessary or useful to determine the effect or potential effect of a residual waste processing or disposal facility on public health, safety, welfare or the environment.
(c) Nothing in § § 287.111—287.117, or a permit issued by the Department to a facility subject to § § 287.111—287.117, relieves a facility of its responsibility to secure a plan approval and operating permit under the Air Pollution Control Act (35 P. S. § § 4001—4015) and Subpart C, Article III (relating to air resources), or to comply with a requirement of another environmental protection act or the regulations promulgated thereunder.
GENERAL APPLICATION REQUIREMENTS
§ 287.121. Application contents.
Persons or municipalities submitting permit applications under § 287.101 (relating to general requirements for permit) shall include with their permit applications the applicable information required by this chapter and:
(1) Chapter 288 (relating to residual waste landfills).
(2) Chapter 289 (relating to residual waste disposal impoundments).
(3) Chapter 291 (relating to land application of residual waste).
(4) Chapter 293 (relating to transfer facilities for residual waste).
(5) Chapter 295 (relating to composting facilities for residual waste).
(6) Chapter 297 (relating to incinerators and other processing facilities).
§ 287.122. Form of application.
(a) Applications for a permit under this chapter shall be submitted to the Department in writing, on forms provided by the Department.
(b) Each application for a permit shall be accompanied by information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Department to determine compliance with this article.
(c) Information in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the Department.
(d) Each application for a permit shall be prepared by, or under the supervision of, a Pennsylvania registered professional engineer. The design section of the application shall bear the seal of a Pennsylvania registered professional engineer. The soils, geology and groundwater sections of a permit application shall be completed by experts in the fields of soil science, soil engineering, geology and groundwater. The geology and groundwater sections of a permit application also shall be completed under the supervision of a registered professional geologist licensed in this Commonwealth.
Source The provisions of this § 287.122 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226507).
§ 287.123. Right of entry.
(a) Each application shall contain a description of the documents upon which the applicant bases his legal right to enter and operate a residual waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.
(b) The application shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the applicant by the current landowner to operate a residual waste processing or disposal facility.
(2) A copy of the document of conveyance that expressly grants or reserves the applicant the right to operate a residual waste processing or disposal facility and an abstract of title relating the documents to the current landowner.
(c) Each application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for up to 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.
(d) The forms required by subsections (b) and (c) shall be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 291 (relating to land application of residual waste).
(e) Subsequent landowners shall be deemed to have constructive knowledge if the forms required by this section have been properly filed at the office of the recorder of deeds in the county in which the proposed solid waste activity is situated.
Source The provisions of this § 287.123 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226507) to (226508).
Cross References This section cited in 25 Pa. Code § 287.632 (relating to waiver and modification requirements).
§ 287.124. Identification of interests.
(a) Each application for a residual waste processing or disposal permit shall contain the following information on a form provided by the Department:
(1) The name, addresses and telephone numbers of:
(i) The permit applicant.
(ii) Any contractor, including a contractor for gas or energy recovery from the proposed operation, if the contractor is a person other than the applicant.
(iii) Related parties to the applicant, including their relationship to the applicant.
(2) The names and addresses of the owners of record of surface and subsurface areas within, and contiguous to, any part of the proposed permit area.
(3) The names and addresses of the holders of record of any leasehold interest of surface and subsurface areas within, and contiguous to, any part of the proposed permit area.
(b) Each application shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, government agency, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the application shall contain the following information, if applicable:
(1) The names and addresses of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.
(2) For corporations, the principal shareholders.
(3) For corporations, the names, principal places of business and Internal Revenue Service tax identification numbers of United States parent corporations of the applicant, including ultimate parent corporations, and all United States subsidiary corporations of the applicant and the applicant’s parent corporations.
(4) The names and addresses of other persons or entities having or exercising control over any aspect of the proposed facility that is regulated by the Department, including associates and agents.
(c) If the applicant, or an officer, principal shareholder, general or limited partner, limited liability company member or manager, or other related party to the applicant, has a beneficial interest in, or otherwise manages or controls another person or municipality engaged in the business of solid waste collection, transportation, storage, processing, treatment or disposal, the application shall contain the following information:
(1) The name, address and tax identification number or employer identification number of the corporation or other person or municipality.
(2) The nature of the relationship or participation with the corporation or other person or municipality.
(d) Each application shall list permits or licenses issued by the Department under the environmental protection acts to each person or municipality identified in subsection (b), and any other related parties to the applicant that are currently in effect or have been in effect in at least part of the previous 10 years. This list shall include the type of permit or license, number, location, issuance date, and if applicable, the expiration date.
(e) Each application shall identify the solid waste processing or disposal facilities in this Commonwealth which the applicant or a person or municipality identified in subsection (b), and other related party to the applicant currently owns or operates, or owned or operated in the previous 10 years. For each facility, the applicant shall identify the location, type of operation, and State or Federal permits under which they operate or have operated. Facilities which are no longer permitted or which were never under permit shall also be listed.
Source The provisions of this § 287.124 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226508) to (226511).
Cross References This section cited in 25 Pa. Code § 287.125 (relating to compliance information); 25 Pa. Code § 287.212 (relating to conditions of permits—general and right of entry); 25 Pa. Code § 287.221 (relating to permit reissuance); 25 Pa. Code § 287.331 (relating to bond amount determination); 25 Pa. Code § 287.502 (relating to relationship to other requirements); 25 Pa. Code § 287.632 (relating to waiver of requirements); 25 Pa. Code § 288.283 (relating to annual operation report); 25 Pa. Code § 289.303 (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); and 25 Pa. Code § 297.262 (relating to annual operation report).
§ 287.125. Compliance information.
An application shall contain the following information for the 10-year period prior to the date on which the application is filed:
(1) A description of notices of violation, including the date, location, nature and disposition of the violation, that were sent by the Department to the applicant or a related party, concerning the act, the environmental protection acts, a regulation or order of the Department or a condition of a permit or license. In lieu of a description, the applicant may provide a copy of notices of violation.
(2) A description of administrative orders, civil penalty assessments and bond forfeiture actions by the Department, and civil penalty actions adjudicated by the EHB, against the applicant or related party concerning the act, the environmental protection acts, a regulation or order of the Department or of a condition of a permit or license. The description shall include the date, location, nature and disposition of the actions. In lieu of a description, the applicant may provide a copy of the orders, assessments and actions.
(3) A description of summary, misdemeanor or felony convictions, pleas of guilty or pleas of no contest that have been obtained in this Commonwealth against the applicant or a related party under the act and the environmental protection acts or other acts in this Commonwealth concerning the storage, collection, treatment, transportation, processing or disposal of solid waste. The description shall include the date, location, nature and disposition of the actions.
(4) A description of court proceedings concerning the act or the environmental protection acts that was not described under paragraph (3), in which the applicant or a related party has been party. The description shall include the date, location, nature and disposition of the proceedings.
(5) A description of consent orders, consent adjudications, consent decrees or settlement agreements in this Commonwealth entered by the applicant or a related party concerning the act, the environmental protection acts or an environmental protection ordinance, in which the Department, the EPA or a county health department was a party. The description shall include the date, location, nature and disposition of the action. In lieu of a description, the applicant may provide a copy of the order, adjudication, decree or agreement.
(6) For facilities and activities identified under § 287.124 (relating to identification of interests), a statement of whether the facility or activity was the subject of an administrative order, consent agreement, consent adjudication, consent order, settlement agreement, court order, civil penalty, bond forfeiture proceeding, criminal conviction, guilty or no-contest plea to a criminal charge, or permit or license suspension or revocation under the act or the environmental protection acts. If the facilities or activities were subject to one or more of these actions, the applicant shall state the date, location, nature and disposition of the violation. In lieu of a description, the applicant may provide a copy of the appropriate document. The applicant shall also state whether the Department has denied a permit application filed by the applicant or a related party, based on compliance status.
(7) When the owner or operator is a corporation, partnership or limited liability company, a list of each principal shareholder, partner or member that has also been a principal shareholder, partner or member of another corporation, partnership or limited liability company which has committed violations of the act or the environmental protection acts. The list shall include the date, location, nature and disposition of the violation, and shall explain the relationships between the principal shareholder, partner or member and both of the following:
(i) The owner or operator.
(ii) The other corporation, partnership or limited liability company.
(8) A description of misdemeanor or felony convictions, pleas of guilty, and pleas of no contest, by the applicant or a related party for violations outside this Commonwealth of the environmental protection acts. The description shall include the date of the convictions or pleas, and the date, location and nature of the offense.
(9) A description of final administrative orders, court orders, court decrees, consent decrees or adjudications, consent orders, final civil penalty adjudications, final bond forfeiture actions or settlement agreements involving the applicant or a related party for violations outside this Commonwealth of the environmental protection acts. The description shall include the date of the action and the location and nature of the underlying violation. In lieu of a description, the applicant may provide a copy of the appropriate document.
Source The provisions of this § 287.125 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226509) to (226511).
Cross References This section cited in 25 Pa. Code § 287.212 (relating to conditions of permits—general and right of entry); 25 Pa. Code § 287.221 (relating to permit reissuance); 25 Pa. Code § 287.331 (relating to bond amount determination); 25 Pa. Code § 287.502 (relating to relationship to other requirements); 25 Pa. Code § 287.632 (relating to waiver of requirements); 25 Pa. Code § 288.283 (relating to annual operation report); 25 Pa. Code § 289.303 (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); and 25 Pa. Code § 297.262 (relating to annual operation report).
§ 287.126. Requirement for environmental assessment.
(a) Except as provided in subsection (b), an application for a residual waste disposal or processing permit shall include an environmental assessment on a form prescribed by the Department.
(b) The following permit applications do not require an environmental assessment unless the Department determines that the facility may have a significant effect on the environment:
(1) Permit applications for agricultural utilization of residual waste.
(2) Permit applications for land reclamation facilities for residual waste.
(3) Permit modification applications that are not for major modifications under § 287.154 (relating to public notice and public hearings for permit modifications).
(4) Permitted mobile processing facilities for which a permit modification is sought for a new processing site and for which an environmental assessment has already been approved by the Department.
(c) For facilities which have previously been subject to the environmental assessment process, the Department may limit the scope of review under that process to the following:
(1) Proposed modifications to the facility.
(2) Changes in the areas covered by the assessment that have occurred since the assessment was conducted.
Cross References This section cited in 25 Pa. Code § 288.138 (relating to daily volume); 25 Pa. Code § 289.137 (relating to daily volume); 25 Pa. Code § 293.110 (relating to daily volume); 25 Pa. Code § 295.119 (relating to daily volume); and 25 Pa. Code § 297.112 (relating to daily volume).
§ 287.127. Environmental assessment.
(a) Impacts. Each environmental assessment in a permit application shall include a detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including traffic, aesthetics, air quality, water quality, stream flow, fish and wildlife, plants, aquatic habitat, threatened or endangered species, water uses and land use. The applicant shall consider environmental features such as scenic rivers, recreational river corridors, local parks, State and Federal forests and parks, the Appalachian trail, historic and archaeological sites, National wildlife refuges, State natural areas, National landmarks, farmland, wetland, special protection watersheds designated under Chapter 93 (relating to water quality standards), airports, public water supplies and other features deemed appropriate by the Department or the applicant. The permit application shall also include all correspondence received by the applicant from any state or Federal agency contacted as part of the environmental assessment.
(b) Harms. The environmental assessment shall describe the known and potential environmental harms of the proposed project. The applicant shall provide the Department with a written mitigation plan which explains how the applicant plans to mitigate each known or potential environmental harm identified and which describes any known and potential environmental harms not mitigated. The Department will review the assessment and mitigation plans to determine whether there are additional harms and whether all known and potential environmental harms will be mitigated. In conducting its review, the Department will evaluate each mitigation measure and will collectively review mitigation measures to ensure that individually and collectively they adequately protect the environment and the public health, safety and welfare.
(c) Noncaptive landfills, disposal impoundments and incinerators. If the application is for the proposed operation of a noncaptive landfill, disposal impoundment or incinerator, the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(d) Other facilities. If the application is for the proposed operation of another type of facility and the applicant or the Department upon review determines that known or potential environmental harm remains despite the mitigation measures described in subsection (b), the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.
(e) Identification of harms and benefits. Known and potential harms and benefits of a proposed project may also be identified by the Department or any other person or municipality.
(f) Evaluation. After consultation with other appropriate agencies and potentially affected persons, the Department will evaluate the environmental assessment in Phase I of permit review or otherwise prior to technical review.
(g) Revision. The Department may require submission of a revised environmental assessment if additional harms or potential harms are discovered during any phase of permit application review.
Source The provisions of this § 287.127 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226511) to (226512).
Notes of Decisions Constitutionality
The Environmental Quality Board’s regulations adopting a Harms/Benefits Test as part of the permitting process for waste disposal facilities does not exceed the Commonwealth’s police power; a determination of a project’s inherent harms and benefits is reasonably necessary in order to determine whether a potentially dangerous project should be granted a permit in a heavily regulated industry. Eagle Environmental II, L. P. v. Department of Environmental Protection, 884 A.2d 867, 883 (Pa. 2005).
The inclusion of implementation of PA. CONST. ART I, Sec. 27 as an express purpose of the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003) indicates that the General Assembly intended to authorize the balancing of environmental harms against social and economic benefits. Therefore, the harms/benefits test of the regulations comport with the constitution. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003); appeal granted 835 A.2d 706 (Pa. 2003); affirmed 884 A.2d 867 (Pa. 2005).
Delegation
The General Assembly made the ‘‘basic policy choice’’ and its will was merely carried out by the substantive rulemaking process. Therefore, the creation of the harms/benefits test of the regulations is a valid exercise of the rulemaking powers. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003).
Validity
The statutes reflect the General Assembly’s clear intent to regulate every aspect of waste disposal, and the language of the relevant acts clearly conferred broad supervisory power to the Environmental Quality Board. This power is broad enough to encompass the harms/benefits test contained in duly promulgated regulations. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003).
Cross References This section cited in 25 Pa. Code § 287.201 (relating to criteria for permit issuance or denial); 25 Pa. Code § 288.138 (relating to daily volume); 25 Pa. Code § 289.137 (relating to daily volume); 25 Pa. Code § 293.110 (relating to daily volume); 25 Pa. Code § 295.119 (relating to daily volume); and 25 Pa. Code § 297.112 (relating to daily volume).
§ 287.128. Verification of application.
Applications for permits shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official’s information and belief, and attested by a notary public or district justice.
Cross References This section cited in 25 Pa. Code § 287.502 (relating to relationship to other requirements); and 25 Pa. Code § 287.632 (relating to waiver of requirements).
WASTE ANALYSIS
§ 287.131. Scope.
(a) Sections 287.132—287.135 apply to residual waste management facilities that apply to receive residual waste. Sections 287.132—287.134 do not apply to:
(1) Captive transfer facilities, except as otherwise required in writing by the Department.
(2) The disposal at permitted Class I or Class II residual waste landfills of residual waste from a person or municipality that generates a total quantity of 2,200 pounds or less of residual waste per generating location in each month, if the applicant demonstrates to the Department’s satisfaction that the waste is not hazardous.
(3) The disposal at permitted Class I or Class II residual waste landfills of an individual type of residual waste from a person or municipality that generates a total or 2,200 pounds or less of that type of residual waste per generating location in each month, if approved by the Department in writing.
(b) The requirements of these sections are in addition to the application and operating requirements in this article.
Source The provisions of this § 287.131 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226512) and (255099).
§ 287.132. Chemical analysis of waste.
(a) Application.
(1) An application shall contain the following information for each waste on a form provided by the Department:
(i) The name and location of the generator of the waste.
(ii) A detailed analysis that fully characterizes the physical properties and chemical composition of the waste. 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.
(iii) An evaluation of the ability of the waste and the constituents in the waste to leach into the environment.
(iv) A determination of whether the waste is hazardous 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).
(v) If the waste will be disposed of at a residual waste landfill or residual waste disposal impoundment, a demonstration that the waste meets the requirements for disposal at the facility without adversely affecting the effectiveness of the liner or leachate treatment system or attenuating soil at a Class III residual waste landfill.
(2) More than one type of waste from a single generator may be included on a single application, if the information required by this section is separately included for each type of waste.
(3) The analysis required by this subsection shall include a waste sampling plan, including quality assurance and quality control procedures. The plan shall ensure an accurate and representative sampling of the waste.
(4) The Department may, in writing, waive or modify the evaluation required by this subsection for waste to be received at permitted facilities if the conditions in subparagraph (i) are met and the conditions in subparagraph (ii) or (iii) are met:
(i) The applicant has submitted a description of the process by which the waste was generated, a physical description of the waste, and a certification that the waste is not hazardous.
(ii) The applicant has demonstrated to the Department’s satisfaction that no additional analysis is necessary to determine if the waste can be received at the facility without adversely affecting the effectiveness of the liner or leachate treatment systems or attenuating soil at a Class III residual waste landfill and established emission and wastewater discharge limits.
(iii) The applicant has demonstrated to the Department’s satisfaction that no additional analysis is necessary to determine if the waste can be received at the facility without adversely affecting the effectiveness of waste processing operations and established emission and wastewater discharge limits.
(b) Waste generation. Except as provided in subsection (e), an application shall also include a description of the waste generation process, including a description of the raw materials used in the process, the primary chemical reactions which occur during the process, the sequence of events which occur during the process, the points of waste generation in the process and the manner in which each of the wastes is managed subsequent to its generation. A schematic drawing of the process shall be included.
(c) Methodologies. The analytical methodologies used to meet the requirements of subsection (a) shall be those set forth 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 Waste 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) Quality control. 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). The laboratory’s quality control procedures, as well as the documentation of the use of those procedures, shall be included in the application unless waived by the Department.
(e) Generator information. An applicant may submit information received from a person or municipality under § 287.54 (relating to chemical analysis of waste) to meet the corresponding requirements of this section.
Source The provisions of this § 287.132 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255099) to (255100).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities); 25 Pa. Code § 287.131 (relating to scope); 25 Pa. Code § 287.134 (relating to waste analysis plan); 25 Pa. Code § 287.621 (relating to application for general permit); 25 Pa. Code § 287.641 (relating to inclusion in a general permit); 25 Pa. Code § 288.123 (relating to groundwater quality description); 25 Pa. Code § 288.254 (relating to sampling and analysis); 25 Pa. Code § 288.523 (relating to minimum requirements for acceptable waste); 25 Pa. Code § 288.623 (relating to minimum requirements for acceptable waste); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.264 (relating to sampling and analysis); 25 Pa. Code § 289.523 (relating to minimum requirements for acceptable waste); 25 Pa. Code § 291.104 (relating to soils description); and 25 Pa. Code § 291.222 (relating to annual operation report).
§ 287.133. Source reduction strategy.
An application for the processing or disposal of residual waste shall contain a copy of the source reduction strategy required by § 287.53 (relating to source reduction strategy) for each residual waste to be received at the facility.
Source The provisions of this § 287.133 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226515).
Cross References This section cited in 25 Pa. Code § 287.131 (relating to scope).
§ 287.134. Waste analysis plan.
(a) The application shall include a waste analysis plan for each type of waste proposed to be received at the permitted facility. The plan shall take into account the waste analysis required by § 287.132 (relating to chemical analysis of waste). At a minimum, the plan shall include:
(1) The parameters for which each residual waste will be analyzed and the rationale for the selection of these parameters. For the land application of residual waste under Chapter 291 (relating to land application of residual waste), the parameters shall include total nitrogen, organic nitrogen and ammonium.
(2) The test methods that will be used to test for these parameters. The test methods shall be the same as those used under § 287.132.
(3) An explanation of the sampling methods that will be used to obtain an accurate and representative sample of the waste to be analyzed, including quality assurance and quality control procedures.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date. The rationale for the frequency shall also be explained.
(b) The application shall also include a plan for screening and managing incoming waste to ensure that the disposal or processing of the waste is consistent with the permit and this article. Except as otherwise required by the Department, the application shall include, at a minimum, a plan for checking each load of waste received at the facility for color, physical state and phases of waste.
(c) The application shall describe how rejected waste will be managed, including responsible persons or municipalities and the method by which an alternative processing or disposal facility will be selected.
Source The provisions of this § 287.134 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226515).
Cross References This section cited in 25 Pa. Code § 287.131 (relating to scope); 25 Pa. Code § 288.139 (relating to radiation protection action plan); 25 Pa. Code § 288.203 (relating to waste analysis); 25 Pa. Code § 289.138 (relating to radiation protection action plan); 25 Pa. Code § 289.211 (relating to waste analysis); 25 Pa. Code § 291.208 (relating to waste analysis); 25 Pa. Code § 293.111 (relating to radiation protection action plan); 25 Pa. Code § 293.203 (relating to waste analysis); 25 Pa. Code § 295.120 (relating to radiation protection action plan); 25 Pa. Code § 295.203 (relating to waste analysis); 25 Pa. Code § 297.113 (relating to radiation protection action plan); and 25 Pa. Code § 297.203 (relating to waste analysis).
§ 287.135. Transition period for radiation monitoring.
A person or municipality possessing a permit for a noncaptive residual waste disposal or processing facility which was issued by the Department prior to January 13, 2001, shall file with the Department an application for permit modification to bring the facility operation into compliance with the following requirements for radioactive material monitoring and detection that became effective on January 13, 2001, according to the following schedule, unless the Department imposes in writing an earlier date, in a specific situation for reasons of public health, safety or environmental protection:
(1) Noncaptive residual waste landfill. An application for a permit modification addressing the requirements of § § 288.133(a)(14) and 288.139 (relating to map and grid requirements and radiation protection action plan) shall be filed by January 13, 2002.
(2) Noncaptive residual waste disposal impoundment. An application for a permit modification addressing the requirements of § § 289.133(a)(13) and 289.138 (relating to map and grid requirements and radiation protection action plan) shall be filed by January 13, 2002.
(3) Noncaptive residual waste transfer facility. An application for a permit modification addressing the requirements of § § 293.103(a)(13) and 293.111 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
(4) Noncaptive residual waste composting facilities. An application for a permit modification addressing the requirements of § § 295.112(a)(20) and 295.120 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
(5) Noncaptive residual waste incinerator or other processing facilities. An application for a permit modification addressing the requirements of § § 297.103(a)(20) and 297.113 (relating to maps and related information and radiation protection action plan) shall be filed by January 13, 2002.
Source The provisions of this § 287.135 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 287.131 (relating to scope).
FEES
§ 287.141. Permit application fee.
(a) Each application for a new permit and each application for permit modification under § 287.115 (relating to filing by permitted facilities) shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for the following amount:
(1) Twenty-five thousand nine hundred dollars for residual waste landfills.
(2) Eight thousand five hundred dollars for residual waste disposal impoundments.
(3) Five thousand one hundred dollars for the agricultural utilization of residual waste.
(4) Five thousand one hundred dollars for the utilization of residual waste for land reclamation.
(5) Five thousand two hundred dollars for residual waste transfer facilities.
(6) For residual waste processing facilities other than transfer facilities:
(i) Eight thousand three hundred dollars for noncaptive residual waste incinerators.
(ii) Two thousand two hundred dollars for captive residual waste incinerators.
(iii) Five thousand two hundred dollars for other residual waste processing facilities.
(7) Eight thousand five hundred dollars for demonstration facilities.
(b) Each application for a permit modification under § 287.154 (relating to public notice and public hearings for permit modifications) shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for the following amount:
(1) Six hundred dollars for the addition of types of waste not approved in the permit.
(2) Seven thousand eight hundred dollars for residual waste landfills.
(3) Six hundred dollars for the agricultural utilization of residual waste.
(4) One thousand nine hundred dollars for the utilization of residual waste for land reclamation.
(5) Four thousand six hundred dollars for residual waste disposal impoundments.
(6) For residual waste processing facilities:
(i) One thousand five hundred dollars for incinerators.
(ii) Seven hundred dollars for other residual waste processing facilities.
(7) Five thousand eight hundred dollars for demonstration facilities.
(c) An application for a minor permit modification, including a minor permit modification under § 287.222 (relating to permit modification), shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonweatlh of Pennsylvania’’ for $300.
(d) Each application for a permit reissuance under § 287.221 (relating to permit reissuance) shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $400.
(e) Each application for a permit renewal under § 287.223 (relating to permit renewal) shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $300.
(f) A fee is not required for closure plans submitted under § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities) or § 287.115.
Source The provisions of this § 287.141 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226516) to (226517).
Cross References This section cited in 25 Pa. Code § 287.222 (relating to permit modification).
PUBLIC NOTICE AND COMMENTS
§ 287.151. Public notice by applicant.
(a) An applicant for a new permit, major permit modification, permit renewal, permit reissuance and a person or municipality submitting a closure plan shall publish once a week for 3 consecutive weeks a notice in a newspaper of general circulation in the area where the facility or proposed facility is located. The notice shall meet the following requirements:
(1) The notice shall include a brief description of the location and proposed operation or closure of the facility, and shall indicate where copies of the application or closure plan will be filed. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(2) The notice shall state that the host municipality and county may submit comments to the Department within 60 days of receipt of the application or closure plan, recommending conditions upon, revisions to and approval or disapproval of the permit or closure plan, with the specific reason described in the comments.
(3) The notice shall state that the Department will accept comments from the public on the permit application or closure plan and shall state the procedure for submission of comments.
(4) The notice shall state if the applicant proposes a design alternative under § 287.231 (relating to equivalency review procedure) and shall briefly describe the alternative design.
(5) If the application is for a new residual waste landfill, residual waste disposal impoundments, transfer facility or incinerator or for a major modification of a residual waste landfill or residual waste disposal impoundment permit, the notice shall be in the form of a display advertisement.
(b) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan, shall also notify by certified mail, owners and occupants of land continguous to the site or the proposed permit area of the nature and extent of the proposed facility or closure plan. If the applicant proposes design alternative under § 287.231, the notice shall so state and shall briefly describe the alternative design. The applicant shall submit proof of the notice in the form of a United States Postal Service postmarked signature card or other dated acknowledgment form of private letter carrier services.
(c) The Department may require the person or municipality to provide additional public notice if the Department determines that the proposed facility or closure plan is of significant interest to the public or may cause significant environmental impact.
(d) An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan shall, immediately before the application or plan is filed with the Department, give written notice to each municipality in which the site or proposed permit area is located. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site. The notice shall state if the applicant proposes a design alternative under § 287.231, and shall briefly describe the alternative design. The applicant shall file with the Department a copy of the notice as part of the application or plan. The Department will not issue a permit for 60 days from the date of this notice unless each municipality to which this notice is sent submits a written statement to the Department expressly waiving the 60-day period.
(e) Proof of compliance with the applicable requirements of this section shall be submitted within 30 days of filing its permit application or closure plan with the Department.
(f) For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, the notice required by this section shall be provided only for the Phase I application.
Source The provisions of this § 287.151 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226517) to (226518).
Cross References This section cited in 25 Pa. Code § 287.154 (relating to public notice and public hearings for permit modifications); 25 Pa. Code § 287.221 (relating to permit reissuance); 25 Pa. Code § 287.502 (relating to relationship to other requirements); 25 Pa. Code § 288.422 (relating to areas where Class I residual waste landfills are prohibited); 25 Pa. Code § 288.522 (relating to areas where Class II residual waste landfills are prohibited); 25 Pa. Code § 288.622 (relating to areas where Class III residual waste landfills are prohibited); 25 Pa. Code § 289.422 (relating to areas where Class I residual waste disposal impoundments are prohibited); 25 Pa. Code § 289.522 (relating to areas where Class II residual waste disposal impoundments are prohibited); 25 Pa. Code § 291.202 (relating to areas where the land application of residual waste is prohibited); 25 Pa. Code § 293.202 (relating to areas where transfer facilities are prohibited); 25 Pa. Code § 295.202 (relating to areas where composting facilities are prohibited); and 25 Pa. Code § 297.202 (relating to areas where incinerators and other processing facilities are prohibited).
§ 287.152. Public notice by Department.
(a) The Department will publish a notice in the Pennsylvania Bulletin of the following:
(1) Receipt of an application for a new permit, permit reissuance, permit renewal or major permit modification. For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, this notice shall be provided only for the Phase I application.
(2) Receipt of a closure plan and if groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the site-specific standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.
(3) Issuance or denial of an application for a new permit, permit reissuance, permit renewal or major permit modification.
(4) Justification for overriding county or host municipality recommendations regarding an application for a new permit, permit reissuance, permit renewal or major permit modification under section 504 of the act (35 P. S. § 6018.504).
(b) The Department will submit a copy of each application for a new permit, permit reissuance, permit renewal or major permit modification, and each closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists. If groundwater degradation exists at closure or occurs after closure, the Department will include a copy of the applicant’s list of contaminants, identification of abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. For new or expanded residual waste landfills or residual waste disposal impoundments for which the Phase I and Phase II applications are submitted separately, copies of the Phase I and Phase II applications will be submitted.
(c) The Department will provide written notice of each final action taken on an application for a new permit, permit reissuance, permit renewal or permit modification, and each closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists.
Source The provisions of this § 287.152 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226518) to (226519).
Cross References This section cited in 25 Pa. Code § 287.154 (relating to public notice and public hearings for permit modifications); and 25 Pa. Code § 287.202 (relating to receipt of application and completeness review).
§ 287.153. Public comments.
(a) The Department may conduct one or more public hearings for the purpose of receiving information on an application for a new permit, permit reissuance, permit renewal or major permit modification, or a closure plan, whenever there is a significant public interest or the Department otherwise deems a hearing to be appropriate. At least 30 days prior to conducting a hearing, the Department will publish notice of the hearing in a newspaper of general circulation in the proposed permit area.
(b) When a public hearing is held, a person may testify within the time provided or submit written comments, or both. The Department will consider testimony relevant to the requirements of the act, the environmental protection acts and this title.
(c) After a hearing, the Department will prepare a summary of the written and oral comments submitted at the hearing, the Department’s responses to the comments and the reasons therefor. The Department will provide copies of this summary to persons who submitted comments and to other persons who request a copy.
(d) Whether or not the Department holds a public hearing, the Department may conduct an informal meeting, public meeting or series of meetings.
Cross References This section cited in 25 Pa. Code § 287.154 (relating to public notice and public hearings for permit modifications); and 25 Pa. Code § 287.422 (relating to permit suspension or revocation).
§ 287.154. Public notice and public hearings for permit modifications.
(a) An application for a permit modification for a residual waste landfill or residual waste disposal impoundment shall be considered an application for a major permit modification under § § 287.151—287.153 (relating to public notice by applicant; public notice by Department; and public comments) if the application involves one or more of the following:
(1) A change in site volume or waste capacity.
(2) A change in the average or maximum daily waste volume.
(3) A change in excavation contours or final contours, including final elevations and slopes, if the change results in increased disposal or storage capacity or impacts groundwater isolation distances or groundwater quality.
(4) A change in permitted acreage.
(5) A change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters, or a change in the groundwater monitoring plan for a facility permitted prior to the effective date of these regulations to comply with the requirements of this article.
(6) A change in approved leachate collection and treatment method.
(7) A change in gas monitoring or management plan, or both, except where installation of additional wells or improvements to the collection systems are proposed.
(8) A change in the approved closure plan.
(9) The acceptance for disposal of types of waste not approved in the permit.
(10) A change in approved design under § 287.231 (relating to equivalency review procedure) if the design has not been previously approved through an equivalency review.
(11) The submission of an abatement plan.
(12) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221 (relating to permit reissuance).
(13) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(14) The disposal of waste in areas that have reached final permitted elevations.
(15) Submission of a radiation protection action plan.
(b) An application for a permit modification for a residual waste processing facility shall be considered an application for a major permit modification under § § 287.151—287.153 if the application involves one or more of the following:
(1) A change in specifications or dimensions of waste storage or residue storage areas if the change results in an increase in processing or storage capacity.
(2) A change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.
(3) A change in an approved closure plan.
(4) The acceptance for processing of types of waste not approved in the permit.
(5) A change in residue disposal area, if applicable.
(6) A change in approved design under § 287.231 if the design has not been previously approved through an equivalency review.
(7) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221.
(8) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(9) Change in the maximum daily waste volume.
(10) Submission of a radiation protection action plan.
(c) An application for a permit modification for the land application of residual waste shall be considered an application for a major permit modification under § § 287.151—287.153 if the application involves one or more of the following:
(1) A change in the approved maximum application rates.
(2) The acceptance of residual waste from generators not approved in the permit.
(3) A change in the approved groundwater monitoring plan, if groundwater monitoring is required, except for the addition of wells or parameters.
(4) Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under § 287.221.
(5) Change in operator, unless the operator is the permittee, in which case permit reissuance is required under § 287.221.
(d) The Department may require public notice or public hearings for an application for permit modification not described in this section that the Department believes should be subject to public notice or public hearings.
(e) If the Department modifies a permit under section 503(e) of the act (35 P. S. § 6018.503(e)) without first receiving a permit application, it will subsequently publish notice of the permit modification in the Pennsylvania Bulletin.
Source The provisions of this § 287.154 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226520) and (250863).
Cross References This section cited in 25 Pa. Code § 287.126 (relating to requirement for environmental assessment); 25 Pa. Code § 287.141 (relating to permit application fee); and 25 Pa. Code § 287.212 (relating to conditions of permits—general and right of entry).
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