Subchapter F. DEMONSTRATION FACILITIES
Sec.
271.501. Scope.
271.502. Relationship to other requirements.
271.503. Application requirements.
271.504. Operating requirements.
271.505. Public notice of analysis.
271.506. Departmental evaluation of analysis.
Cross References This subchapter cited in 25 Pa. Code § 271.231 (relating to equivalency review procedure); and 25 Pa. Code § 271.801 (relating to scope).
§ 271.501. Scope.
This subchapter applies to municipal waste processing or disposal facilities, or parts of these facilities, that are based on a new or unique technology for processing or disposing of municipal waste. For purposes of this subchapter, a technology is considered new or unique if it has not previously been demonstrated in this Commonwealth or another comparable area. The Department may approve in writing, as a permit modification, the demonstration of new or unique technology for the processing or disposal of municipal waste at permitted municipal waste processing or disposal facilities if the requirements of this subchapter are met.
Source The provisions of this § 271.501 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226026) to (226027).
§ 271.502. Relationship to other requirements.
(a) An operation that is approved under this subchapter is subject to the requirements of this article.
(b) For an operation that is approved under this subchapter, the Department may waive or modify any application and operating requirements in this article. The Department may not waive or modify Subchapter A, § § 271.124, 271.125, 271.141 and 271.129, and Subchapter D, E or H (Reserved).
Source The provisions of this § 271.502 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226027).
§ 271.503. Application requirements.
In addition to applicable application requirements in this article, an application for a demonstration facility permit shall include the following:
(1) An economic analysis indicating benefits to the Commonwealth and the applicant from the proposed facility, including an economic analysis of the benefits of alternative methods of processing or disposal.
(2) A technical analysis of the proposed facility in comparison to the existing state-of-the-art for processing or disposal of the waste that shall be received by the facility.
(3) A complete operational plan, including design details and a timetable for completing various phases of the facility from initiation of construction to completion of the project.
(4) An evaluation of the anticipated contribution of the facility to the field of solid waste management.
(5) An evaluation of the potential applicability to this Commonwealth of the technology to be demonstrated.
(6) A demonstration that the applicant has the financial ability to remove the facility and clean up the affected area in the event of pollution.
(7) A plan for corrective action utilizing conventional technology in the event of pollution.
(8) A statement of the optimal size and capacity for a facility using the proposed technology.
(9) A plan for assessing the effectiveness and environmental effect of the proposed facility.
Source The provisions of this § 271.503 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.
Cross References This section cited in 25 Pa. Code § 271.504 (relating to operating requirements).
§ 271.504. Operating requirements.
In addition to applicable operating requirements in this article, a person or municipality that operates a demonstration facility shall comply with the following:
(1) The facility may not be larger than the area needed to adequately test the new or unique technology.
(2) No waste may be processed or disposed at the facility after 2 years from the initial processing or disposal of waste at the facility, unless a different period is stated in the permit. The permittee may request permit renewal under § 271.223 (relating to permit renewal).
(3) The operator shall submit periodic reports to the Department concerning the effectiveness and environmental effect of the facility.
(4) The operator shall immediately cease operations and begin cleanup and removal actions if the Department determines that the facility is causing or is likely to cause harm to public health, safety or welfare or to the environment.
(5) Within 90 days from the expiration of the term of the permit, or within another period approved in the permit, the permittee shall submit to the Department an analysis of the effectiveness of the technology, taking into consideration the factors in § 271.503 (relating to application requirements).
(6) If one of Chapter 273, 275, 277, 279, 281 or 283 is not clearly applicable to the facility, the permittee shall annually submit to the Department a nonrefundable permit administration fee of an amount set forth in the approved permit, but not more than $1,800, in the form of a check payable to the ‘‘Commonwealth of Pennsylvania.’’
Source The provisions of this § 271.504 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226028).
Cross References This section cited in 25 Pa. Code § 271.505 (relating to public notice of analysis); and 25 Pa. Code § 271.506 (relating to Departmental evaluation of analysis).
§ 271.505. Public notice of analysis.
The Department will publish in the Pennsylvania Bulletin notice of the availability of the analysis submitted under § 271.504(5) (relating to operating requirements). The notice will request public comment on the analysis and the utility of the analysis in permitting future facilities using the same or similar technology. The Department will also provide written notice of the availability of the analysis to the municipalities in which the facility is located.
Source The provisions of this § 271.505 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226028) to (226029).
§ 271.506. Departmental evaluation of analysis.
(a) The Department will review the analysis submitted under § 271.504(5) (relating to operating requirements) and other relevant data to determine if the facility satisfactorily achieved its objectives and if the facility adequately protected public health, safety, welfare and the environment.
(b) If the Department determines that the facility adequately achieved its objectives and satisfactorily protected public health, safety, welfare and the environment, the Department subsequently may grant a permit for the technology under the applicable provisions of this article without reference to this subchapter.
Source The provisions of this § 271.506 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.
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