ENFORCEMENT
§ 271.421. Administrative inspections.
(a) The Department and its agents and employes will:
(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation.
(2) Require a person or municipality engaged in the storage, transportation, processing, treatment or disposal of municipal waste to establish and maintain records and make reports and furnish information as the Department may prescribe.
(3) Enter a building, property, premises or place where municipal waste is generated, stored, processed, treated, collected, transported or disposed for the purpose of making an investigation or inspection necessary to ascertain the compliance or noncompliance by the person or municipality with the act and regulations thereunder. In connection with an inspection or investigation, samples may be taken of solid, semisolid, liquid or contained gaseous material for analysis. If an analysis is made of the samples, a copy of the results of the analysis shall be furnished within 5 business days after receiving the analysis from the laboratory to the person having apparent authority over the building, property, premises or place.
(b) The Department, its employes and agents will conduct routine inspections as follows:
(1) For municipal waste landfills and construction/demolition waste landfills, at least 12 times per year.
(2) For resource recovery facilities, at least 12 times per year.
(3) For transfer facilities, composting facilities and other processing facilities, at least 4 times per year.
(4) For facilities for the utilization of sewage sludge for land reclamation, at least twice per year.
(c) The Department, its employees and agents intend to conduct inspections under the act of:
(1) Facilities for the agricultural utilization of sewage sludge operating under a permit issued under Chapter 275 (relating to land application of sewage sludge) or a beneficial use order issued prior to January 25, 1997, at least two times per year.
(2) Municipal waste processing facilities other than resource recovery facilities, which process or incinerate regulated medical or chemotherapeutic waste, at least two times per year.
(3) Municipal waste processing facilities other than resource recovery facilities, which do not process or incinerate regulated medical or chemotherapeutic waste, at least once per year.
(4) Hospitals where regulated medical or chemotherapeutic waste is generated, at least two times per year.
(5) Locations other than hospitals where regulated medical or chemotherapeutic waste is generated, at least once per year.
(6) Facilities subject to permit-by-rule under § 271.102 (Reserved) at least once per year.
(7) Facilities and beneficial use areas subject to permit-by-rule under § 271.103 (relating to permit-by-rule for municipal waste processing facilities other than for regulated medical or chemotherapeutic waste; qualifying facilities; general requirements), a general permit for beneficial use or processing, or both, under Subchapter I (relating to beneficial use), or a permit for the land application of sewage sludge under Subchapter J (relating to beneficial use of sewage sludge by land application), at least once per year.
(d) The Department, its employes and agents may conduct additional inspections, including follow-up inspections, of municipal waste processing, treatment, disposal, storage, collection and transportation facilities to observe a practice or condition related to public health, safety, welfare or the environment, compliance with the act, the environmental protection acts, this title, the terms or conditions of a permit or a requirement of an order.
(e) The Department, its employes and agents may also conduct inspections of municipal waste processing, treatment, disposal, storage, collection or transportation facilities, if a person or municipality presents information to the Department which gives the Department reason to believe that:
(1) A person or municipality may have engaged in unlawful conduct under the act.
(2) A person or municipality may have violated an environmental protection act.
(3) A condition exists which may pose a threat to public health, safety, welfare or the environment.
Source The provisions of this § 271.421 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (272886) to (272888).
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