GENERAL PROVISIONS
§ 297.201. Basic limitations.
(a) A person or municipality may not own or operate a residual waste processing facility, unless the Department has first issued a permit to that person or municipality for the facility under this article.
(b) A person or municipality that operates a residual waste processing facility shall comply with the following:
(1) The operating requirements of the act, this subchapter and the applicable requirements of Chapter 287 (relating to residual waste management—general provisions).
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(c) A person or municipality that operates a residual waste processing facility may not allow residual waste to be handled at the facility unless the Department has specifically approved the processing of the waste as part of the permit.
(d) A person or municipality that operates a residual waste processing facility may not:
(1) Mix solid waste with, or store solid waste in close proximity to other solid waste as to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors of gases.
(2) Allow explosive waste to be stored, processed or disposed at the facility.
(3) Allow hazardous waste to be stored, processed or disposed at the facility.
(e) Municipal waste, including sewage sludge, may not be stored, processed or disposed at the facility. Other special handling municipal waste may not be stored, processed or disposed at the facility unless the Department has specifically approved the storage, processing or disposal of the waste as part of the permit.
(f) The approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless a later date is authorized in writing by the Department for technical reasons.
(g) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be processed at the facility, unless specifically exempted from disposal restriction by an applicable Pennsylvania or Federal statute or regulation:
(1) Naturally occurring and accelerator produced radioactive material.
(2) Byproduct material.
(3) Source material.
(4) Special nuclear material.
(5) Transuranic radioactive material.
(6) Low-level radioactive waste.
(h) The following radioactive material may not be processed at the facility unless approved in writing by the Department and the processing does not endanger the environment, facility staff or public health and safety:
(1) TENORM.
(2) Consumer products containing radioactive material.
(3) Short-lived radioactive material from a patient having undergone a medical procedure.
(i) The limitations in subsections (g)—(h) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.
Source The provisions of this § 297.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (248219) to (248220).
Cross References This section cited in 25 Pa. Code § 297.102 (relating to operating plan); and 25 Pa. Code § 297.203 (relating to waste analysis).
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