Subchapter H. BENEFICIAL USE
SCOPE Sec.
287.601. Scope.
GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE,
OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN
USES OF COAL ASH AUTHORIZATION AND LIMITATIONS
287.611. Authorization for general permit.
287.612. Nature of a general permit; substitution for individual applications and permits.
ISSUANCE OF GENERAL PERMITS
287.621. Application for general permit.
287.622. Completeness review.
287.623. Public notice and review period.
287.624. Approval or denial of an application.
287.625. Department initiated general permits.
287.626. Permit renewal.
CONTENT OF GENERAL PERMITS AND WAIVERS
287.631. Contents of general permits.
287.632. Waiver and modification of requirements.
REGISTRATION AND DETERMINATION OF APPLICABILITY
287.641. Inclusion in a general permit.
287.642. Determination of applicability.
287.643. Registration.
287.644. [Reserved].
COMPLIANCE
287.651. Investigations and corrective action.
287.652. Compliance with permit conditions, regulations and laws.
BENEFICIAL USE OF COAL ASH
287.661. [Reserved].
287.662. [Reserved].
287.663. [Reserved].
287.664. [Reserved].
287.665. [Reserved].
287.666. [Reserved].
Cross References This subchapter cited in 25 Pa. Code § 290.2 (relating to scope); and 25 Pa. Code § 295.233 (relating to sale, utilization or disposal of compost).
SCOPE
§ 287.601. Scope.
(a) This subchapter sets forth requirements for the processing and beneficial use of residual waste. Sections 287.611, 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.643, 287.651 and 287.652 establish procedures and standards for general permits for the beneficial use or processing of residual waste.
(b) An operation that is approved by or under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Chapter 287, Subchapters A—G and Chapters 288, 289, 291, 293, 295, 297 and 299 are applicable to the extent required in § 287.632 (relating to waiver and modification of requirements).
Source The provisions of this § 287.601 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial page (273490).
Cross References This section cited in 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits).
GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE,
OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN
USES OF COAL ASH AUTHORIZATION AND LIMITATIONS
§ 287.611. Authorization for general permit.
(a) In accordance with § § 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 and this section, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of residual waste when the following are met:
(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.
(2) The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.
(3) The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(b) The Department may issue a general permit upon its own motion under § 287.625 (relating to Department initiated general permits) or upon an application from a person or municipality under § § 287.621—287.624.
(c) The Department may modify, suspend, revoke or reissue general permits or coverage under a general permit under this subchapter as it deems necessary to prevent harm or threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(d) The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under Article VIII (relating to municipal waste) or this article, whichever the Department determines appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportion of municipal and residual waste. The requirements in this subchapter that apply to residual waste also apply to municipal waste when mixed with residual waste. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under Chapter 271, Subchapter I (relating to beneficial use).
(e) The Department will not issue a general permit for the following:
(1) A residual waste disposal impoundment.
(2) A residual waste landfill, a valley fill or other fill.
(3) The use of residual waste to fill open pits from coal or noncoal mining except for coal ash mixed with residual waste when the use does not present a safety hazard, will improve the overall quality of the area, is limited to the filling to natural contours of the land and does not present a threat to public health or the environment.
(4) The use of residual waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste. A general permit may be issued for the beneficial use of waste as a construction material.
(5) The placement of waste oil or asbestos-containing waste on roads in this Commonwealth.
(6) Surface land disposal activities.
(7) The use of residual waste for construction or operations at a disposal facility.
(f) The Department may issue a general permit on a regional or Statewide basis for a category of processing when processing is necessary to prepare a residual waste for beneficial use, or for a category of beneficial use, or both, for coal ash mixed with other residual waste.
(g) The Department may issue a general permit on a regional or Statewide basis for the use, as construction material, of soil and other materials that do not meet the clean fill criteria.
Source The provisions of this § 287.611 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (244318) and (226567).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); 25 Pa. Code § 287.625 (relating to Department initiated general permits); 25 Pa. Code § 287.631 (relating to contents of general permits); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.612. Nature of a general permit; substitution for individualapplications and permits.
(a) When the Department issues a general permit for a specified category of beneficial use or processing of residual waste on either a regional or Statewide basis, persons or municipalities who intend to beneficially use or process residual waste in accordance with the terms and conditions of the general permit and this subchapter may do so without filing an individual application for, and first obtaining, an individual permit, if the persons or municipalities comply with § § 287.601, 287.611, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651, 287.652 and this section.
(b) The use of an applicable general permit for the beneficial use or processing of residual waste shall satisfy the permit requirements set forth in § 287.101 (relating to general requirements for permit) if the following are met:
(1) The beneficial use or processing activities are conducted in accordance with the terms and conditions of the applicable general permit.
(2) The person or municipality conducting the beneficial use or processing activities is authorized to operate under the applicable general permit in accordance with § 287.641 (relating to inclusion in a general permit).
(c) Notwithstanding subsections (a) and (b), the Department may require a person or municipality authorized by a general permit to apply for, and obtain, an individual permit when the person or municipality is not in compliance with the conditions of the general permit 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.
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
ISSUANCE OF GENERAL PERMITS
§ 287.621. Application for general permit.
(a) A person or municipality may apply to the Department for the issuance of a general permit for a category of beneficial use of residual waste or for a category of processing of residual waste, where processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a general permit shall be submitted on a form prepared by the Department and shall contain the following:
(1) A description of the type of residual waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of § 287.132 (relating to chemical analysis of waste) for a sufficient number of samples of residual waste in the waste type to accurately represent the range of physical and chemical characteristics of the waste type.
(2) A description of the proposed type of beneficial use or processing activity to be covered by the general permit.
(3) A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated.
(4) For beneficial use general permits, proposed concentration limits for contaminants in the waste which is to be beneficially used, and a rationale for those limits.
(5) For general permits that involve beneficial use of a processed or unprocessed waste, a detailed demonstration of the efficacy of the waste for the proposed beneficial use, which shall include:
(i) If the waste is to be used as a substitute for a commercial product, a demonstration that the waste is capable of performing the desired functions of the commercial product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.
(ii) If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.
(iii) If the waste is to be used in general roadway application or highway construction, a demonstration that approval has been granted by the Department of Transportation Product Evaluation Board, if applicable, for the use of the waste for the intended application.
(iv) If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the residual waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. The Department may waive or modify this requirement in writing.
(v) If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the residual waste to be beneficially used meets, at a minimum, the requirements of § 288.623(a) (relating to minimum requirements for acceptable waste). The Department may waive the requirements of § 288.623(a) that relate to secondary MCLs for this demonstration. The Department may waive or modify this provision for the use of oil and gas brines for road stabilization.
(vi) If the waste is to be used as a construction material, a description of the construction activities and detailed timelines for the prompt completion of the construction activities.
(6) If residual wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste and the mixture shall meet appropriate standards for use.
(c) An application for the issuance of a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $2,000.
(d) The Department will not waive the bonding and public liability insurance requirements in Subchapter E (relating to bonding and insurance requirements) for waste tire operations, waste oil operations and contaminated soil operations, and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.
(e) An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate, if a location is known, under a general permit. Proof of this notice, including a copy of the notice and a certified or registered mail returned receipt, shall be submitted to the Department. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.
Source The provisions of this § 287.621 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226568) to (226570).
Cross References This section cited in 25 Pa. Code § 287.5 (relating to public records and confidential information); 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); 25 Pa. Code § 287.632 (relating to waiver and modification requirements); 25 Pa. Code § 287.641 (relating to inclusion in a general permit); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.622. Completeness review.
(a) After receipt of an application for the issuance of a general permit, or an application for a determination of applicability under § 287.642 (relating to determination of applicability), the Department will determine whether the application is administratively complete. For purposes of this subchapter, an application is administratively complete if it contains the necessary analyses, fees, documents and information, regardless of whether the analyses, fees, documents and information would be sufficient for the issuance of the permit, or the determination of applicability.
(b) If the application is not administratively complete, the Department will, within 60 days of receipt of the application, return it to the applicant, along with a written statement of the specific analyses, fees, documents or information that is required to make the application administratively complete.
(c) The Department will deny the incomplete application if the applicant fails to provide the analyses, fees, documents or information within 90 days of receipt of the notice in subsection (b).
Source The provisions of this § 287.622 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199706) to (199707).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.623. Public notice and review period.
(a) The Department will publish notice of receipt of an application for a general permit in the Pennsylvania Bulletin when the Department determines that the application is administratively complete.
(b) The notice shall include:
(1) A brief description of the category of waste and the category of beneficial use or processing of residual waste which is identified in the application.
(2) The Departmental address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the application for the general permit.
(3) A brief description of the procedures for public comment on the general permit application in accordance with this subchapter.
(4) A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice, and may recommend conditions upon, revisions to, approval or disapproval of the general permit application.
(c) The Department may hold a public meeting or public hearing on the application for a general permit.
(d) The Department will approve or deny an application for a general permit within 6 months from the last day of the comment period established in subsection (b). Failure by the Department to comply with this timetable will not be construed to constitute grounds for issuance of a general permit.
(e) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.
Source The provisions of this § 287.623 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199707) to (199708).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.624. Approval or denial of an application.
The Department may not issue a general permit for a category of beneficial use or processing of residual waste unless the applicant has affirmatively demonstrated the following:
(1) The application for the general permit is accurate and complete and the requirements of § § 287.611, 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 have been complied with.
(2) The proposed beneficial use or processing activities will be conducted in a manner that will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth through exposure to constituents of the waste during the proposed beneficial use or processing activities and afterwards. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(3) For beneficial use general permits, the physical character and chemical composition of the residual waste which is proposed to be covered by the general permit contributes to the proposed beneficial use, and the physical character and chemical composition of the residual waste does not interfere with the proposed beneficial use.
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.625. Department initiated general permits.
(a) The Department may issue or modify a general permit for a category of beneficial use or processing of residual waste upon its own motion in accordance with this section.
(b) At least 60 days prior to the issuance or modification of a general permit under this section, the Department will publish a notice in the Pennsylvania Bulletin of intent to issue or modify a general permit under this section.
(c) The notice required by subsection (b) shall include the following:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the proposed general permit.
(2) The standards in § 287.611(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.
(3) A brief description of the terms and conditions of the proposed general permit.
(4) A brief description of the procedures for public comment on the general permit in accordance with this subchapter.
(5) The Departmental address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the proposed general permit.
(6) A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice and may recommend conditions upon, revisions to and approval or disapproval of the proposed general permit.
(d) The Department may hold a public meeting or public hearing on the proposed general permit or proposed modifications to the general permit.
(e) Upon issuance or modification of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the new or modified general permit.
Source The provisions of this § 287.625 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199708) to (199709).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.626. Permit renewal.
(a) A person or municipality that plans to process or beneficially use residual waste after the expiration of the term set forth in the general permit shall file a complete application for permit renewal on forms provided by the Department at least 180 days before the expiration date of the permit.
(b) A permit renewal may include all persons or municipalities that have applied for renewal within the time period provided in subsection (a). A person or municipality that does not meet the time period provided in subsection (a) shall be required either to register or obtain a determination of applicability, whichever is applicable, under a renewed general permit.
(c) A general permit renewal shall be for a period of time not to exceed the length of the term of the original permit.
(d) An application for permit renewal shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $300.
Source The provisions of this § 287.626 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521.
CONTENT OF GENERAL PERMITS AND WAIVERS
§ 287.631. Contents of general permits.
(a) Each general permit issued by the Department will include, at a minimum:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the general permit.
(2) The standards in § 287.611(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.
(3) A specification of registration or determination of applicability requirements established in accordance with § 287.641 (relating to inclusion in a general permit) and the fee imposed on registrants or applicants for coverage under the general permit.
(4) A set of terms and conditions governing the beneficial use or processing of residual waste covered by the general permit as are necessary to assure compliance with the act, this article and the environmental protection acts, including provisions for the protection of groundwater. At a minimum, the conditions shall include:
(i) Limits on the physical and chemical properties of waste that may be beneficially used or processed. The permit shall also include a requirement that persons or municipalities who conduct activities authorized by the general permit shall immediately notify the Department, on forms provided by the Department, of a change in the physical or chemical properties of the residual waste, including leachability, or of a change in the information required by § 287.641(f).
(ii) A requirement that persons or municipalities who conduct activities authorized by the general permit shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the activities covered by the general permit will be, are being, or have been conducted to ensure compliance with the act, regulations promulgated under the act and a permit, license or order issued by the Department under the act.
(iii) A requirement that the activities authorized by the general permit will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, for beneficial use of residual waste, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(iv) An effective date and a fixed permit term which may not exceed 10 years from the effective date. If the Department renews a general permit, the term may not exceed the term of the original permit.
(v) A requirement that a person or municipality operating under the permit shall immediately notify the Department within the time stated in the permit and if no time is stated no later than 45 days, in writing, of any changes in the following:
(A) The company’s name, address, owners, operators and responsible officials.
(B) Land ownership of land at the permitted facility.
(C) The physical and chemical characteristics of the residual waste.
(D) The generators of the residual waste and the manufacturing process that generates the residual waste.
(E) The status of any permit issued to the permittee or any agent of the permittee engaged in activities under the permit by the Department or Federal government under the environmental protection acts.
(vi) A requirement that the activities conducted under the authorization of a general permit shall be conducted in accordance with the permittee’s application. Except to the extent that a general permit states otherwise, the permittee shall operate as described within the permit application.
(5) A requirement that a person or municipality that registers for coverage under a general permit or applies to the Department for a determination of applicability under a general permit shall submit a copy of the registration or application to each municipality in which processing activities or the primary beneficial use activities will be located, prior to initiating operations. If additional locations are identified during the term of the permit that were not known at the time of a registration or application, including an application by the original applicant, written notice shall be provided to the municipalities. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.
(b) A general permit may include a requirement that persons or municipalities that conduct activities authorized by the general permit shall submit to the Department periodic reports, analyses of waste and other information to ensure that the quality of the waste to be beneficially used or processed does not change.
Source The provisions of this § 287.631 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199709) to (199711).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.632. Waiver and modification requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) The Department may waive or modify any application and operating requirements in this article, except the Department will not waive § 287.123 (relating to right of entry) and will not waive or modify Subchapter A, § § 287.124, 287.125 and 287.128, Subchapter E in accordance with Section 287.621(d) or Subchapter F.
Source The provisions of this § 287.632 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226576).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
REGISTRATION AND DETERMINATION OF APPLICABILITY
§ 287.641. Inclusion in a general permit.
(a) A person or municipality is authorized to operate under a general permit if one of the following occurs:
(1) The applicable general permit requires persons or municipalities to register with the Department prior to operating under the general permit, and the person or municipality has registered in accordance with the terms of the general permit.
(2) The applicable general permit requires persons or municipalities to apply for and obtain a determination of applicability from the Department prior to operating under the general permit, and the Department has made this determination.
(b) Except as provided in subsections (c) and (d), as a condition of each general permit, the Department will require persons or municipalities who intend to operate under the general permit to register with the Department within a specified time period prior to conducting the activity authorized by the general permit.
(c) For beneficial use general permits where the residual waste is to be used as a construction material, antiskid material or otherwise placed directly onto the land, as a condition of the general permit, the Department will require persons or municipalities who intend to operate under the general permit to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The Department may require persons or municipalities that intend to operate under a general permit for land application either to apply for and obtain a determination of applicability or register with the Department.
(d) The Department may impose the determination of applicability condition described in subsection (c) on general permits for beneficial use or processing activities other than those described in that subsection if the Department determines that the condition is necessary to prevent harm or a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(e) Registration or application requirements and time limits, if any, shall be set forth in the general permit governing each category of beneficial use or processing of residual waste.
(f) At a minimum, the registration or application shall include:
(1) The name and address of the person or municipality conducting the activity covered by the general permit.
(2) A description of each waste which will be beneficially used or processed in accordance with the general permit.
(3) A description of the proposed method of processing or beneficial use of the waste.
(4) If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with § 287.132 (relating to chemical analysis of waste).
(5) For beneficial use general permits for which an evaluation was submitted under § 287.621(b)(5)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that subsection if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.
(6) The name or number of the general permit being utilized for the activity.
(7) A demonstration that the activities which the person or municipality intends to conduct are authorized by the general permit.
(8) A signed and notarized statement by the person or municipality conducting the activity authorized by the general permit, on a form prepared by the Department, which states that the person or municipality agrees to accept the conditions imposed by the general permit for beneficial use or processing of residual waste under the general permit.
(g) A person or municipality that registers for coverage under a general permit, or applies to the Department for a determination of applicability of a general permit, shall submit a copy of the registration or application to the host municipality and the appropriate county, county planning agency and county health department, if one exists, at the same time that the person or municipality files the registration or application with the Department. The host municipality and host county shall be determined by the location of the person’s or municipality’s primary or first beneficial use or processing operation under the general permit.
Source The provisions of this § 287.641 amended January 24, 1997, effective January 25, 1997, 26 Pa.B. 521. Immediately preceding text appears at serial pages (199712) to (199713).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); 25 Pa. Code § 287.631 (relating to contents of general permits); 25 Pa. Code § 287.642 (relating to determination of applicability); 25 Pa. Code § 287.643 (relating to registration); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.642. Determination of applicability.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The requirements in this section are in addition to the applicable requirements of § 287.641 (relating to inclusion in a general permit).
(b) An application for a determination of applicability shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $500.
(c) The Department will provide notice in the Pennsylvania Bulletin of each application for a determination of applicability for a general permit which the Department has determined to be administratively complete. For applications for determinations of applicability for a general permit for construction materials, the notice shall indicate that interested persons or municipalities may submit comments to the Department within 60 days recommending revisions to, and approval or disapproval of the application, unless the 60-day notice requirement is waived by the Department. The Department may hold a public meeting or public hearing on an application for determination of applicability for a general permit for construction materials.
(d) The Department will make a determination that a general permit is or is not applicable to an activity for which an application for determination of applicability is filed under § 287.641 within 60 days from the publication of the notice under subsection (c) or for construction materials when a 60-day comment period is provided, within 120 days after publication of the notice under subsection (c). The time period does not include periods beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits corrections or changes to the Department’s satisfaction. Failure by the Department to comply with this timetable will not be construed or understood to constitute grounds for a determination that the general permit applies to the proposed activity.
(e) The Department will determine that the general permit does not apply to the proposed beneficial use or processing activity and will deny coverage under the general permit if the applicant fails to demonstrate to the Department’s satisfaction that the proposed activity is consistent with the terms and conditions of the general permit, and does not have the potential to harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(f) The Department will provide written notice of its determination that a general permit is or is not applicable to an activity for which a determination of applicability is required to the host municipality and the appropriate county, county planning agency and county health department, if one exists, for the applicant’s proposed primary or first beneficial use or processing operation under the general permit and will publish notice of its decision in the Pennsylvania Bulletin.
(g) The Department may amend, suspend or revoke coverage under a general permit if a person or municipality authorized to conduct solid waste activities under a general permit is not in compliance with the permit conditions or for one or more of the reasons in subsection (e).
Source The provisions of this § 287.642 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199713) to (199715).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.622 (relating to completeness review); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.643. Registration.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to register with the Department prior to operating under the general permit. The requirements of this section are in addition to the applicable requirements of § 287.641 (relating to inclusion in a general permit).
(b) A registration to operate under a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $250.
(c) The Department will provide notice in the Pennsylvania Bulletin of each registration for coverage under a general permit.
(d) Persons or municipalities may operate under a general permit upon registering with the Department in accordance with § 287.641 and the terms of the general permit.
(e) The Department may amend, suspend or revoke coverage under a general permit if the waste or activity is not covered by the terms and conditions of the general permit.
(f) A person or municipality operating under a registration has the burden of proving, by clear and convincing evidence, that the waste and activity are consistent with the general permit.
Source The provisions of this § 287.643 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (199715).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.644. [Reserved].
Source The provisions of this § 287.644 reserved January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199715) to (199717).
Cross References This section cited in 25 Pa. Code § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities); 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.611 (relating to authorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
COMPLIANCE
§ 287.651. Investigations and corrective action.
(a) Upon notification by a person beneficially using or processing residual waste under a general permit that there has been a change in the physical or chemical properties of the residual waste being beneficially used or processed, including leachability, the Department will conduct an investigation and order necessary corrective action. Notice to the Department under this section does not, by itself, suspend continued beneficial use or processing after a change has occurred.
(b) Upon receipt of a signed, written complaint of a person whose health, safety or welfare may be adversely affected by a physical or chemical change in the properties of the residual waste to be beneficially used or processed under a general permit, including leachability, the Department will determine the validity of the complaint and take appropriate action.
Source The provisions of this § 287.651 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (199717).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to autorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
§ 287.652. Compliance with permit conditions, regulations and laws.
A person or municipality that beneficially uses or processes residual waste under a general permit shall comply with the terms and conditions of the general permit, with this article and with the environmental protection acts to the same extent as if the activity were covered by an individual permit.
Source The provisions of this § 287.652 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199717) to (199718).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 287.611 (relating to autorization for general permit); 25 Pa. Code § 287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code § 287.624 (relating to approval or denial of an application); and 25 Pa. Code § 297.1 (relating to scope).
BENEFICIAL USE OF COAL ASH
§ 287.661. [Reserved].
Authority The provisions of this § 287.661 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.661 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273506) to (273508).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections).
§ 287.662. [Reserved].
Authority The provisions of this § 287.662 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.662 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273508) to (273510).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections).
§ 287.663. [Reserved].
Authority The provisions of this § 287.663 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.663 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273510) to (273513).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections).
§ 287.664. [Reserved].
Authority The provisions of this § 287.662 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.644 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273514) to (273515).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections).
§ 287.665. [Reserved].
Authority The provisions of this § 287.665 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.665 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial pages (273515) to (273516).
Cross References This section cited in 25 Pa. Code § 287.421 (relating to administrative inspections).
§ 287.666. [Reserved].
Authority The provisions of this § 287.666 reserved under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)).
Source The provisions of this § 287.666 reserved December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062. Immediately preceding text appears at serial page (273516).
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