Subchapter D. ADDITIONAL REQUIREMENTS FOR CLASS I
RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
SCOPE Sec.
289.401. Scope.
ADDITIONAL APPLICATION REQUIREMENTS
289.411. Additional provisions.
289.412. Liner system and leachate control plan.
289.413. Leachate treatment plan.
289.414. Modification of leachate treatment plan.
289.415. Waste classification plan.
ADDITIONAL OPERATING REQUIREMENTS—
GENERAL PROVISIONS
289.421. Basic limitations.
289.422. Areas where Class I residual waste disposal impoundments are prohibited.
289.423. Minimum requirements for acceptable waste.
ADDITIONAL OPERATING REQUIREMENTS—
LINER SYSTEM
289.431. Scope and requirements.
289.432. General limitations.
289.433. Subbase.
289.434. Secondary liner.
289.435. Leachate detection zone.
289.436. Primary liner.
289.437. Protective cover.
289.438. Leachate collection system within protective cover.
289.439. Liner system; initial placement of solid waste.
ADDITIONAL OPERATING REQUIREMENTS—
LEACHATE TREATMENT
289.451. Scope.
289.452. Basic treatment methods.
289.453. Leachate transportation.
289.454. Leachate recirculation.
289.455. Leachate collection and storage.
289.456. Leachate analysis and sludge handling.
289.457. Departmental notice and remedial action.
SCOPE
§ 289.401. Scope.
This subchapter sets forth additional application and operating requirements for Class I residual waste disposal impoundments.
ADDITIONAL APPLICATION REQUIREMENTS
§ 289.411. Additional provisions.
In addition to the application requirements in Subchapter B (relating to application requirements), an application for a permit to operate a Class I residual waste disposal impoundment shall comply with § § 289.412—289.414 (relating to liner system and leachate control plan; leachate treatment plan; and modification of leachate treatment plan). These requirements shall be part of the Phase II permit application.
§ 289.412. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with § § 289.431—289.439 (relating to additional operating requirements—liner system), including the following:
(1) The design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone, and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during initial disposal of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during initial disposal of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner’s ability to restrict the flow of solid waste, solid waste constituents or leachate, based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives, in writing, one or more of the following for nonsynthetic secondary liners, these properties shall include, at a minimum:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength—% of liner strength.
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction.
(14) Stress crack resistance.
(15) Oxidative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
Source The provisions of this § 289.412 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226750) to (226751).
Cross References This section cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code § 289.434 (relating to secondary liner); and 25 Pa. Code § 299.143 (relating to application requirements).
§ 289.413. Leachate treatment plan.
(a) An application shall contain a plan for leachate treatment from the proposed facility in a manner that complies with § § 289.451—289.457 (relating to additional operating requirements—leachate treatment). The plan shall include the following:
(1) An estimate of the quality and quantity of leachate to be produced annually by the facility, based on the water balance method set forth in ‘‘Use of Water Balance Method for Predicting Leachate Generation from Solid Waste Disposal Sites’’ EPA SW-168 (1975), or another method of accurately projecting leachate flows that is approved by the Department, in writing. The estimate shall include the 30-day leachate volume and average flow rate for each month of the year. A separate estimate shall be submitted for anticipated leachate generation at the end of 5-year increments of operation for 20 years, or until closure, whichever date is earlier. For existing facilities, current leachate generation shall be included with this separate estimate.
(2) Plans, designs and cross sections for the proposed collection and handling system.
(3) Plans, designs and cross sections for onsite leachate treatment or disposal systems, including tanks and impoundments that are proposed to be used or constructed for storage, pretreatment or treatment of leachate from the facility.
(4) If an onsite treatment system already in operation is proposed to treat leachate from the facility, a description of the system, including its NPDES permit number, its capability to treat leachate from the facility and its compliance status under The Clean Streams Law and regulations thereunder.
(b) If interim vehicular transportation to an offsite treatment facility is proposed, the applicant shall:
(1) Provide a copy of a signed contractual agreement with the operator of a primary offsite facility that provides for treatment of leachate at the facility, and which covers the period of time that offsite treatment will be provided; or provide a signed letter of intent from the operator of the offsite facility to enter a contractual agreement for leachate treatment if the permit application is approved by the Department.
(2) Provide a copy of a signed contractual agreement with the operator of a second offsite treatment facility that provides for backup treatment of leachate at the second treatment facility if leachate cannot be treated by the primary treatment facility operator; or provide a signed letter of intent from the operator of the second offsite facility to enter a contractual agreement if the permit application is approved by the Department.
(3) Submit additional bond to the Department in an amount sufficient to pay for the cost of vehicular transportation and offsite leachate treatment until final closure, if the disposal impoundment operator fails to provide offsite treatment in a manner that is consistent with the permit, the act and this chapter.
(4) Submit plans, designs and cross sections for an onsite pretreatment facility as required by § 289.453(b)(1) (relating to leachate transportation).
(c) If recirculation of raw or pretreated leachate is proposed in conjunction with another method, the application shall describe the following:
(1) The proposed leachate distribution method over the filled area, including designs and cross sections.
(2) The methods that will be used to prevent leachate seeps and breakouts.
(3) The methods that will be used to prevent odors, runoff and ponding.
(4) The impact that recirculation of the leachate will have on the solidification of waste at the impoundment.
(d) The application shall also contain a schedule and method for cleaning sludges from the leachate storage and treatment system, and a plan for disposing of the sludges.
Cross References This section cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); and 25 Pa. Code § 289.455 (relating to leachate collection and storage).
§ 289.414. Modification of leachate treatment plan.
(a) If a problem identified in § 289.457 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under § 287.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.
(b) The Department may approve permit modification applications under § 287.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in § 289.453(a) (relating to leachate transportation), if the following apply:
(1) The applicant complies with § 289.413(b) (relating to leachate treatment plan).
(2) The applicant has obtained necessary permits to construct and operate a leachate treatment system under § 289.452 (relating to basic treatment methods).
(3) Leachate transportation from the facility has not caused or contributed to violations of the terms or conditions of the permit.
(4) The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1-year term of the proposed permit modification.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law and regulations thereunder, and is otherwise capable of accepting and treating leachate from the disposal impoundment.
(6) The disposal impoundment has a remaining permitted life, based on permitted capacity, of at least 3 years.
Cross References This section cited in 25 Pa. Code § 289.411 (relating to additional provisions); and 25 Pa. Code § 289.453 (relating to leachate transportation).
§ 289.415. Waste classification plan.
In addition to the application requirements in Subchapter B (relating to application requirements), the application shall demonstrate that waste that is proposed to be disposed of at the facility complies with § 289.423 (relating to minimum requirements for acceptable waste).
ADDITIONAL OPERATING REQUIREMENTS—
GENERAL PROVISIONS
§ 289.421. Basic limitations.
In addition to the operating requirements in Subchapter C (relating to operating requirements), a person or municipality that operates a Class I residual waste disposal impoundment shall comply with § § 289.422, 289.423, 289.431—289.439 and 289.451—289.457.
§ 289.422. Areas where Class I residual waste disposal impoundments are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, Class I residual waste disposal impoundments may not be operated:
(1) In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional value wetland.
(3) In or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following is true:
(i) If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(ii) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(4) In coal bearing areas underlain by recoverable or mineable coals unless the permittee owns the underlying coal.
(5) In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.
(6) In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet thick and present at the topmost geologic unit. These areas include areas mapped by the Pennsylvania Geological Survey as underlain by the formations, unless competent geologic studies demonstrate the absence of limestone and carbonate formations.
(7) If occupied dwellings are nearby, the following apply:
(i) Except as provided in subparagraphs (ii) and (iii), a residual waste disposal impoundment may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in subparagraphs (ii) and (iii), the disposal area of a residual waste landfill may not be within 500 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(ii) For a permitted noncaptive residual waste disposal impoundment that was operating and not closed as of January 13, 2001, an expansion permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:
(A) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(B) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before January 13, 2001, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.
(iii) A new, noncaptive residual waste disposal impoundment, permitted on or after January 13, 2001, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed, noncaptive disposal impoundment that submits an application to reopen and expand shall also be subject to this paragraph.
(iv) Notwithstanding the prohibitions in subparagraphs (ii) and (iii), an access road to a residual waste disposal impoundment may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(8) Within 100 feet of a perennial stream, unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(9) Within 100 feet of a property line, unless one of the following applies:
(i) Actual disposal will not occur within that distance.
(ii) The owner has provided a written consent to the facility being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(10) For disposal, processing and storage areas, within 1/4 mile upgradient, and within 300 feet downgradient, of a private or public water source, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:
(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.
(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator’s expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.
(iii) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.
(11) If the facility receives or proposes to receive putrescible waste:
(i) Within 10,000 feet—or 3,048 meters—of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.
(ii) Within 5,000 feet—or 1,524 meters—of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.
(iii) For areas permitted on or after January 13, 2001, in a manner in which any portion of the impoundment would be an obstruction to air navigation under 14 CFR 77.23(a)(5) (relating to standards for determining obstructions).
(12) If a school, park or playground is nearby, the following apply:
(i) Except for an expansion of a noncaptive residual waste disposal impoundment permit issued prior to January 13, 2001, for a noncaptive residual waste disposal impoundment permit issued on or after January 13, 2001, within 300 yards of the following:
(A) A building which is owned by a school district or school and used for instructional purposes.
(B) A park.
(C) A playground.
(ii) The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.
(b) The Department may waive or modify one or more of the isolation distances in subsection (a)(1), (5), (7), (8) and (10) for expansions of captive facilities if the operator of the captive facility demonstrates all of the following to the Department’s satisfaction:
(1) The captive facility was permitted prior to July 4, 1992, or was permitted after July 4, 1992, if the Department determined the permit application for the facility to be administratively complete prior to July 4, 1992.
(2) The captive facility routinely and regularly disposed of residual waste on and after July 4, 1992.
(3) The expansion of the captive facility solely includes land which is contiguous to the captive facility.
(4) The expansion of the captive facility solely includes land which is owned by the applicant on July 4, 1992.
(5) No other site is available on contiguous land for the expansion of the captive facility.
(6) The expansion of the captive facility will be designed and operated to ensure that the facility does not harm public health, safety, welfare or the environment.
(c) Subsection (b) does not authorize the expansion of a captive facility onto land which is located closer to any occupied dwelling than the facility is located prior to the expansion.
(d) Except as provided in subsection (e), this section does not apply to features that may come into existence after the date of the first newspaper notice of the filing of a permit application under § 287.151 (relating to public notice by applicant).
(e) This section does not apply to features that may come into existence after the date of the first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a notice of intent to file an application for a residual waste disposal impoundment permit. The notice, which is separate from the newspaper notice required by § 287.151, shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the area where the facility is proposed to be located. The notice shall include a brief description of the location and proposed operation of the facility.
(2) The person or municipality files an administratively complete application under § 287.202 (relating to completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.
(f) The Department may waive the isolation distances in this section for areas that were included in the permit area of a permit application that was determined by the Department to be administratively complete before July 4, 1992.
Source The provisions of this § 289.422 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226754) to (226756).
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 § 289.113 (relating to maps and related information); and 25 Pa. Code § 289.421 (relating to basic limitations).
§ 289.423. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class I residual waste disposal impoundment unless the waste meets the following criteria:
(1) Neither the residual waste nor leachate from the waste will adversely affect the ability of the liner system to prevent groundwater degradation.
(2) Leachate generated from the residual waste will be treated by the facility’s leachate treatment system in accordance with the applicable laws and in a manner that will protect public health, safety and the environment.
(3) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility in a manner that will adversely affect the ability of the liner system to prevent groundwater pollution.
(4) The residual waste may not be allowed to react, combine or otherwise interact with other waste or materials to endanger public health, safety and welfare or the environment by generating extreme heat or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The potential for this interaction shall be determined using the procedure set forth in the EPA’s “A Method for Determining the Compatibility of Hazardous Wastes” (EPA-600/2-80-076)—available through the Department or the National Technical Information Service (NTIS) United States Department of Commerce, Springfield, VA 22161— or another equivalent method approved by the Department in the permit.
(5) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.
(b) A person or municipality may not store or dispose of municipal waste or special handling waste at a Class I residual waste disposal impoundment.
(c) A person or municipality may not dispose of hazardous waste at a Class I residual waste disposal impoundment unless the following are met:
(1) Disposal of the waste at a residual waste disposal impoundment is authorized by Article VII (relating to hazardous waste management).
(2) The Department approves of the disposal of the waste at the residual waste disposal impoundment in the permit.
(d) A person or municipality may not dispose of solid waste at a Class I residual waste disposal impoundment if the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629) prohibits the disposal of the solid waste at the residual waste disposal impoundment.
Source The provisions of this § 289.423 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226756) and (255113).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan); 25 Pa. Code § 289.211 (relating to waste analysis); 25 Pa. Code § 289.415 (relating to waste classification plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 299.144 (relating to operating requirements).
ADDITIONAL OPERATING REQUIREMENTS—
LINER SYSTEM
§ 289.431. Scope and requirements.
(a) A person or municipality operating a Class I residual waste disposal impoundment shall design, construct, operate and maintain a liner system for disposal areas of a residual waste disposal impoundment or components thereof under this section and § § 289.432—289.439.
(b) The liner system for a Class I residual waste disposal impoundment shall include the following elements:
(1) The subbase, which is the prepared layer of soil or earthen materials upon which the remainder of the liner system is constructed.
(2) The secondary liner, which is a continuous layer of synthetic materials or remolded clay placed on the subbase.
(3) The leachate detection zone, which is a prepared layer placed on top of the secondary liner and upon which the primary liner is placed, and in which a leachate detection system is located.
(4) The primary liner, which is a continuous layer of synthetic materials placed on the leachate detection zone.
(5) The protective cover and leachate collection zone, which is a prepared layer placed over the primary liner in which a leachate collection system is located.
(c) Either the primary liner or the secondary liner shall be a composite liner, which is a continuous layer of synthetic materials over earthen materials.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); and 25 Pa. Code § 289.421 (relating to basic limitations).
§ 289.432. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high water table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high water table.
(2) Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by a public or private water supply, even if a replacement supply is available under § 289.255 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping, french drains or equivalent methods.
(b) For unconfined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table. The regional groundwater table may not be artificially lowered.
(c) For confined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(d) If the approved design plans provide for the placement of additional adjacent liner:
(1) Waste may not be placed within 25 feet of an edge of the liner.
(2) The edge of the liner shall be protected by approved soil cover, or another material approved in the permit, until additional liner is added.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 4 feet of an edge of the liner.
(f) The edge of the liner shall be clearly marked.
Source The provisions of this § 289.432 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255114) and (226759).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.433. Subbase.
(a) The subbase shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing a failure of the liner system.
(2) Accommodate potential settlement without damage to the liner system.
(3) Be a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:
(1) Consist of an upper 6 inches that is:
(i) Compacted to a standard proctor density of at least 95%.
(ii) No more permeable than 1.0 x 10-5 cm/sec., based on laboratory and field testing, unless the clay component of a composite liner is located directly above the subbase.
(iii) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(2) Have a postsettlement slope of at least 2% and no more than 33%.
Source The provisions of this § 289.433 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226759) to (226760).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.434. Secondary liner.
(a) Requirements. The secondary liner shall meet the following requirements:
(1) The secondary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the secondary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The secondary liner shall be resistant to physical failure, chemical failure and other failure from the sources identified under § 289.412(d) (relating to liner system and leachate control plan).
(4) The secondary liner shall cover the bottom and sidewalls of the facility.
(b) Design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) as part of the permit under § 287.231 (relating to equivalency review procedure) are approved, the secondary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Construction requirements. A secondary liner shall:
(1) Be no more permeable than 1.0 x 10-7 cm/sec., based on laboratory testing. For nonsynthetic liners, field testing shall also be conducted.
(2) Be installed, if the liner is synthetic, according to manufacturer’s specifications under the supervision of an authorized representative of the manufacturer. An approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.
(3) Be designed, installed and maintained, if the liner is remolded clay, according to a quality assurance and quality control plan approved by the Department.
(4) Be inspected for uniformity, damage and imperfections during construction and installation.
(d) Compacted lifts. Secondary liners made of clay, bentonite and bentonite-like materials shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
(e) Composite secondary liners.
(1) If the operator does not design, construct, operate and maintain a composite primary liner, the operator shall design, construct, operate and maintain a composite secondary liner which has the following:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirements of this section independently of the upper component, except that the composite component may not be more permeable than 1.0 x 10-6 cm/sec., based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact, between them.
(3) Use of a composite secondary liner does not relieve the operator of responsibility for a separate primary liner under § 289.436 (relating to primary liner).
(f) Natural attenuation prohibited. A facility or a component thereof that is subject to this section may not have a secondary liner based upon natural attenuation of leachate.
Source The provisions of this § 289.434 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226760) to (226761).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); 25 Pa. Code § 289.436 (relating to primary liner); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.435. Leachate detection zone.
(a) The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:
(1) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements. The leachate detection zone shall:
(1) Be at least 12 inches thick.
(2) Contain no material exceeding 0.5 inches in particle size.
(3) Create a flow zone between the secondary liner and the primary liner equal to, or more permeable, than 1.0 x 10-2 cm/sec., based on a laboratory testing and, when required by the Department, field testing.
(4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump, and shall be of a sufficient size to transmit leachate that is generated.
(5) The piping system shall also meet the following requirements:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater, as specified by ASTM, or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
(6) The leachate detection zone shall have a minimum bottom slope of 2%.
(7) Contain noncarbonate stones or aggregate with no sharp edges.
(c) The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.
(d) If liquid is flowing from the leachate detection zone, the operator shall immediately do the following:
(1) Notify the Department in writing.
(2) Estimate on a weekly basis, the volume of liquid flowing from the zone.
(3) Sample and analyze the liquid quarterly, unless a more frequent basis is required by the Department, for pH, specific conductivity, total organic carbon, chlorides and other parameters specified in the permit. The Department may also require sampling and analysis for other constituents expected to be found in the waste.
(4) Provide written copies of flow and analysis data to the Department.
(e) If leachate flow is greater than 100 gallons per acre of lined collection area per day, or more than 10% of leachate generation, the operator shall:
(1) Submit to the Department within 30 days a plan for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.
(2) Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.
(3) Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data and recommendations concerning a remedial plan.
(4) Conduct quarterly sampling and analysis for the parameters in § 289.264(a)(1) (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.
(f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation at a monitoring well, the operator shall:
(1) Submit a remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in the liner system, and implement the plan upon Department approval.
(2) Submit a permit modification application under § 287.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.
Source The provisions of this § 289.435 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226761) to (226763).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.436. Primary liner.
(a) Requirements. The primary liner shall meet the following requirements:
(1) The primary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the primary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The primary liner shall be resistant to physical failure, chemical failure and other failure from the properties identified under § 289.161 (relating to impoundment plan).
(4) The primary liner shall cover the bottom and sidewalls of the facility.
(b) Design requirements. Unless alternative design standards to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the primary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Specifications. A primary liner shall be:
(1) No more permeable than 1.0 x 10-7 cm/sec., based on laboratory testing.
(2) Installed, if the liners are synthetic, according to the manufacturer’s specifications under the supervision of an authorized representative of the manufacturer. The approved quality control program shall be implemented in the field during the installation of the liner.
(3) Inspected for uniformity, damage and imperfections during construction or installation.
(d) Composite primary liner.
(1) If the operator does not design, construct, operate and maintain a composite secondary liner, the operator shall design, construct, operate and maintain a composite primary liner which has the following characteristics:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirement of § 289.434 (relating to secondary liner) independently of the upper component, except that the composite component may not be more permeable than 1.0 x 10-6 cm/sec., based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact between them.
(3) The use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner under § 289.434.
(e) Clay or earthen material prohibited. Except as provided in subsection (d), a facility or component thereof that is subject to this section may not have a primary liner made of clay or earthen material or a primary liner based upon natural attenuation of leachate.
Source The provisions of this § 289.436 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226763) to (226764).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.242 (relating to cover); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); 25 Pa. Code § 289.434 (relating to secondary liner); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.437. Protective cover.
(a) The protective cover shall meet the following performance standards. The protective cover shall:
(1) Protect the primary liner from physical damage from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(2) Protect the leachate collection system within the protective cover from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(3) Allow the continuous and free flow of leachate into the leachate collection system within the protective cover.
(4) The protective cover shall cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the protective cover shall meet the following design requirements. The protective cover shall be:
(1) Comprised of clean earthen material that contains no aggregate, rocks, debris, plant material or other solid material larger than 1/2 inch in diameter, and no material with sharp edges.
(2) Graded, uniformly compacted and smooth.
(3) As permeable as, or more permeable than, 1.0 x 10-2 cm/sec. based on laboratory testing, and shall allow the free flow of liquids and leachate passing through or generated by solid waste. Field testing shall also be conducted if required by the Department.
(4) At least 18 inches thick.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.438. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system.
(2) Withstand chemical attack from leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements.
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of a sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule-80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection system shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
(c) The Department may, in the permit, authorize the operator to delay activation of the leachate collection system until closure if the following are met:
(1) The impoundment is designed so that liquid covers waste during the active life of the facility.
(2) Wastes disposed at the impoundment are free draining.
(3) Solidification is solely dependent on gravity drainage.
(4) Test data or historical information, or both, from impoundments that received similar wastes show that the requirements of § 289.212(b) (relating to waste solidification) will be met 2 years after waste disposal ceases.
Source The provisions of this § 289.438 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226765) to (226766).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.212 (relating to waste solidification); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 289.455 (relating to leachate collection and storage).
§ 289.439. Liner system; initial placement of solid waste.
The first 8 feet of solid waste placed on the protective cover may not contain material capable of penetrating or puncturing the protective cover.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.431 (relating to scope and requirements).
ADDITIONAL OPERATING REQUIREMENTS—
LEACHATE TREATMENT
§ 289.451. Scope.
A person or municipality operating a Class I residual waste disposal impoundment shall comply with this section and § § 289.452—289.457.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); and 25 Pa. Code § 289.421 (relating to basic limitations).
§ 289.452. Basic treatment methods.
(a) Except as otherwise provided in this section, leachate shall be collected and handled by direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, state or local law or by discharge into another permitted treatment facility.
(b) Leachate may be collected and handled by onsite treatment and discharged into a receiving stream under a permit issued by the Department under The Clean Streams Law and regulations thereunder, if the Department approves this method in a residual waste disposal impoundment permit.
(c) Leachate may be collected and handled by spray irrigation following treatment. This method will not be allowed unless, at a minimum, the following apply:
(1) Discharge into a publicly-owned treatment works or other permitted treatment facility is not practicable.
(2) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and the regulations thereunder is not attainable.
(3) Spray irrigation will not cause air or water pollution.
(d) If the leachate is hazardous, it shall be managed under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); 25 Pa. Code § 289.453 (relating to leachate transportation); and 25 Pa. Code § 289.454 (relating to leachate recirculation).
§ 289.453. Leachate transportation.
(a) For the first 3 years following initial discharge of leachate into the collection and handling system, leachate may be handled by vehicular transportation to, and leachate treatment at, an offsite treatment facility. Except as provided in § 289.414 (relating to modification of leachate treatment plan), the operator shall operate a leachate collection and treatment facility as provided in § 289.452 (relating to basic treatment methods) within 3 years following the detection of leachate in the collection or handling system.
(b) Vehicular transportation of leachate to an offsite treatment facility will not be allowed, unless the following requirements are met:
(1) Prior to the disposal of waste at the facility, the operator has in place at the site a permitted and fully operational system for fully pretreating the leachate in accordance with applicable pretreatment requirements of the primary and backup offsite treatment facilities.
(2) One of the following applies:
(i) Direct discharge into a publicly-owned treatment works or other permitted treatment facility is attainable within 3 years.
(ii) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder in attainable within 3 years.
(3) A leachate recirculation system under § 289.454 (relating to leachate recirculation) is constructed and fully operational.
(4) The disposal impoundment operator has a valid contract for the treatment of leachate at an offsite treatment facility for up to 3 years. The contract shall prohibit the treatment facility operator from refusing to treat leachate without 6 months’ advance written notice to the landfill operator.
(5) The offsite treatment facility to which the leachate would be transported is operating in compliance with The Clean Streams Law and the regulations thereunder, and is otherwise authorized and capable of accepting and treating leachate from the disposal impoundment.
(c) If the operator loses the ability to dispose of leachate at the facility and is unable to secure an alternate offsite treatment facility acceptable to the Department within 15 days from loss of its approved treatment facility, implementation of the treatment plan required by § 289.452 shall begin immediately.
(d) If the operator cannot immediately implement a treatment plan under § 289.452 in compliance with this article, The Clean Streams Law and regulations thereunder, and cannot locate an alternative offsite treatment facility within 15 days, the operator shall cease accepting waste at the facility for storage, processing or disposal. Cessation shall continue until the operator obtains an acceptable means of treating its leachate from the facility.
(e) Notwithstanding other provisions of this subchapter, the operator shall have in place at the site a permitted and fully operational system for fully treating leachate at least 3 full years before closure of the facility.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); and 25 Pa. Code § 289.454 (relating to leachate recirculation).
§ 289.454. Leachate recirculation.
(a) In conjunction with the treatment methods in § § 289.452 and 289.453 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(6) The leachate will not interfere with the solidification of waste at the impoundment.
(b) An alternate leachate recirculation method may be used if approved by the Department.
Source The provisions of this § 289.454 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255117).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); and 25 Pa. Code § 289.453 (relating to leachate transportation).
§ 289.455. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with § § 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 289.413 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standard in § 289.438(a)(1) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under § 289.413 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with the requirements in § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
Source The provisions of this § 289.455 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255117) to (255118).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
§ 289.456. Leachate analysis and sludge handling.
(a) Upon commencement of leachate flow from the facility, the operator shall sample, analyze and maintain a record of the following:
(1) On a daily basis, the average flow rate and volume of leachate flowing from the disposal impoundment into the leachate storage and treatment system.
(2) On a quarterly basis unless otherwise provided in the permit, the chemical composition of leachate flowing into the leachate treatment system. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of this analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent leachate quality.
(b) Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).
Source The provisions of this § 289.456 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255118).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.264 (relating to sampling and analysis); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
§ 289.457. Departmental notice and remedial action.
The operator shall immediately notify the Department and describe remedial steps to be taken if:
(1) Operation of the treatment facilities in accordance with the approved plan cannot prevent violation of the terms of its permits, The Clean Stream Law or regulations thereunder.
(2) The facility is generating a quality or quantity of leachate that exceeds the design capacity of the onsite pretreatment system.
(3) The contractual agreement for leachate treatment by an offsite treatment system is breached or expired.
(4) The quality or quantity of solid waste being disposed at the site changes from that set forth in the permit.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
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