§ 271.103. Permit-by-rule for municipal waste processing facilities other than for regulated medical or chemotherapeutic waste; qualifying facilities; general requirements.
(a) Purpose. Facilities and activities described in this section shall be deemed to have a municipal waste permit by rule if the following general requirements are met:
(1) The facility or activity complies with Chapter 285 (relating to storage, collection and transportation of municipal waste).
(2) The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of permits.
(3) A copy of a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s guidelines for the development and imple-mentation of environmental emergency response plans is retained onsite and available to the Department upon request.
(4) Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility and waste handling problems or emergencies are retained onsite and available to the Department upon request.
(b) Financial assurances. Subchapter D (relating to financial assurances requirements) is not applicable to facilities which are deemed to have a permit under this section.
(c) Inappropriate activity. The Department may require a person or municipality deemed to have a permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(d) Captive processing facility. A facility that processes municipal waste that is generated solely by the operator, onsite or offsite, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the following conditions are met:
(1) Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.
(2) The processing does not have an adverse effect on public health, safety, welfare or the environment.
(3) The processing occurs at the production facility at which some or all of the waste is generated.
(4) The operator performs the analyses required by § 271.611 (relating to chemical analysis of waste), unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.
(5) For special handling waste, the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(e) Septage treatment facility. A processing facility, other than a transfer or composting facility, that treats residential septage, either exclusively or mixed with nonresidential septage, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the facility complies with the following:
(1) The operator performs the analyses required by § 271.611, unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.
(2) The processing is included as part of a wastewater treatment process permitted by the Department under The Clean Streams Law (35 P. S. § § 691.1—691.1001), or as part of a permit issued under the act, or the discharge resulting from the processing activity is connected to a public sewer in compliance with the local sewer authority’s requirements, and one of the following applies:
(i) The facility discharges into waters of this Commonwealth under a Part II NPDES permit or a water quality management permit and is in compliance with the permit.
(ii) The facility discharges into a permitted wastewater treatment plant and is in compliance with the permit.
(3) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(f) Incinerator. A municipal waste incinerator located at the generation site shall be deemed to have a municipal waste permit under this article if, in addition to the requirements of subsections (a)—(c), the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility and the facility meets one of the following:
(1) The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. § § 4001—4015) and the regulations promulgated thereunder.
(2) The facility has a capacity of less than 500 pounds or 227 kilograms per hour and is permitted under the Air Pollution Control Act.
(g) Mechanical processing facility. A facility for the processing of uncontaminated rock, stone, gravel, brick, block and concrete from construction/demolition activities, individually or in combination, by mechanical or manual sizing or by mechanical or manual separation for prompt reuse shall be deemed to have a municipal waste processing permit-by-rule if it meets the requirements of subsections (a)—(c) and submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. The facility shall be onsite or process less than 50 tons or 45 metric tons per day, and may not operate in violation of any State, county or municipal waste management plan.
(h) Yard waste composting facility. A person or municipality that operates a yard waste composting facility that is less than 5 acres, other than an individual backyard composting facility, shall be deemed to have a municipal waste processing permit-by-rule if the person or municipality meets the requirements of subsections (a)—(c), the facility is operated in accordance with the Department’s guidelines on yard waste composting and the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(i) Rural transfer facility. The following apply to a facility that provides publicly available municipal waste processing and collection of source separated recyclable materials:
(1) A processing facility shall be deemed to have a municipal waste transfer facility permit under this article if, in addition to subsections (a)—(c), the following conditions are met:
(i) No processing other than the transfer of residential municipal waste, construction/demolition waste and yard waste takes place at the facility.
(ii) The facility provides for the collection of, at a minimum, steel and bimetallic cans, corrugated cardboard and aluminum for the purpose of recycling.
(iii) The facility does not collect or process any liquid, special handling waste, residual waste or hazardous waste.
(iv) Except as provided in paragraphs (2) and (3), the volume of municipal waste stored at the facility prior to transfer does not exceed 80 cubic yards stored in a maximum of four containers.
(v) Municipal waste is transferred to a permitted processing or disposal facility at least once every 10 days and the total volume of municipal waste managed at the facility does not exceed 160 cubic yards during the same 10 days. A full container must be transferred to a permitted processing or disposal facility within 72 hours of the container being filled.
(vi) Records of pick up dates for all containers at the facility shall be kept onsite for 5 years and made available to the Department upon request.
(vii) The facility does not cause or allow a point or nonpoint source discharge in violation of The Clean Streams Law from or on the facility to surface waters of this Commonwealth.
(viii) The facility is not located in any of the following:
(A) A populated area as described in § 272.411(a) and (b) (relating to affected municipalities) and section 1501(a) and (b) of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. § 4000.1501(a) and (b)).
(B) A municipality with a population density over 300 people per square mile.
(C) An area that is zoned as residential, unless otherwise approved in writing by the municipality.
(ix) The facility does not store waste, yard waste or source separated recyclable materials outside of a container.
(x) The facility does not accept waste transported by a truck, tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 17,001 pounds or more.
(xi) The facility is operated in a manner to minimize and control nuisances and vectors.
(xii) Source separated recyclable materials are stored in a manner which preserves their marketability.
(xiii) The operator submits written notice to the Department as follows:
(A) Within 30 days of October 29, 2022, and by January 31 every 5 years after the initial notice.
(B) The operator of a rural transfer facility constructed after October 29, 2022, shall submit written notice to the Department at least 30 days before beginning operation and by January 31 every 5 years after the initial notice.
(C) The written notice shall contain the following:
(I) The name, address and telephone number of the facility.
(II) Proposed hours of operation for the facility.
(III) The name, address and telephone number of the person or municipality responsible for operating the facility.
(IV) A brief description of the facility.
(V) The name and address of the facilities to which the rural transfer facility transfers municipal waste. The rural transfer facility shall notify the Department in writing of any changes to the facilities to which it transfers waste within 15 days of the change.
(xiv) The operator posts and maintains signs that include all of the following information:
(A) Facility name.
(B) Hours of operation.
(C) A list of accepted materials.
(D) The name, business address and telephone number of the facility operator.
(2) A rural transfer facility may provide for collection of construction/demolition waste, in addition to the volumes permitted in subsection (i)(1)(iv), if the following conditions are both met:
(i) The volume of construction/demolition waste stored at the facility prior to transfer does not exceed 40 cubic yards, stored in a maximum of two containers.
(ii) The containers are removed and taken to a permitted processing or disposal facility at least once every 10 days.
(3) A rural transfer facility may provide for collection of yard waste, in addition to the volumes permitted in subsection (i)(1)(iv), if the following conditions are both met:
(i) The volume of yard waste stored at the facility prior to transfer does not exceed 40 cubic yards, stored in a maximum of two containers.
(ii) The containers are removed at least every 10 days and taken to a composting facility, land application site or other facility permitted for the beneficial use of yard waste.
Authority The provisions of this § 271.103 amended under sections 105 and 501 of the Solid Waste Management Act (35 P.S. § § 6018.105 and 6018.501), sections 301 and 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. § § 4001.301 and 4001.302) and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 271.103 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021; amended October 28, 2022, effective October 29, 2022, 52 Pa.B. 6697. Immediately preceding text appears at serial pages (374709) to (374710) and (385889).
Cross References This section cited in 25 Pa. Code § 271.1 (relating to definitions); 25 Pa. Code § 271.421 (relating to administrative inspections); 25 Pa. Code § 271.611 (relating to chemical analysis of waste); 25 Pa. Code § 279.1 (relating to scope); 25 Pa. Code § 283.1 (relating to scope); and 28 Pa. Code § 1151a.40 (relating to management and disposal of medical marijuana waste).
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