Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS Sec.
289.201. Basic limitations.
289.202. Certification.
WASTE LIMITATIONS
289.211. Waste analysis.
289.212. Waste solidification.
DAILY OPERATIONS
289.221. Signs and markers.
289.222. Access control.
289.223. Access roads.
289.224. Measurement and inspection of waste.
289.225. Equipment.
289.226. Unloading.
289.227. Air resources protection.
289.228. Nuisance minimization and control.
289.229. Daily volume.
289.230. Radiation monitoring and response for noncaptive residual waste disposal impoundments.
COVER AND REVEGETATION
289.241. [Reserved].
289.242. Cover.
289.243. Noncontiguous borrow areas.
289.244. Revegetation.
289.245. Standards for successful revegetation.
WATER QUALITY PROTECTION
289.251. General requirements.
289.252. Soil erosion and sedimentation control.
289.253. Sedimentation ponds.
289.254. Discharge structures.
289.255. Water supply replacement.
WATER QUALITY MONITORING
289.261. General requirements.
289.262. Number, location and depth of monitoring points.
289.263. Standards for wells and casing of wells.
289.264. Sampling and analysis.
289.265. Reporting of analysis results and data evaluation.
289.266. Groundwater assessment plan.
289.267. Abatement plan.
289.268. Recordkeeping.
IMPOUNDMENTS
289.271. General requirements.
289.272. Inside slopes.
289.273. Outside slopes and terraces.
289.274. Failure.
MINERAL AND GAS
289.281. Mineral resources.
289.282. Gas control and monitoring.
289.283. Gas recovery.
EMERGENCY PROCEDURES
289.291. Hazard prevention.
289.292. Emergency equipment.
289.293. Implementation of contingency plan.
RECORDKEEPING AND REPORTING
289.301. Daily operational records.
289.302. [Reserved].
289.303. Annual operation report.
CLOSURE PROVISIONS
289.311. Postclosure land use.
289.312. Closure.
Cross References This subchapter cited in 25 Pa. Code § 289.131 (relating to basic requirements); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.521 (relating to limitations).
GENERAL PROVISIONS
§ 289.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal impoundment unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 289.123 (relating to groundwater quality description) without a permit from the Department if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter.
(c) A person or municipality that operates a residual waste disposal impoundment shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act.
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, the Department’s regulations and orders issued by the Department.
(d) A person or municipality may not allow residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility, in the permit.
(e) All approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.
(f) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be disposed 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.
(g) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department and the disposal does not endanger the environment, facility staff or public health and safety.
(1) Short-lived radioactive material from a patient having undergone a medical procedure.
(2) TENORM.
(3) Consumer products containing radioactive material.
(h) The limitations in subsections (f) and (g) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.
Source The provisions of this § 289.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226721) to (226722).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan); and 25 Pa. Code § 289.211 (relating to waste analysis).
§ 289.202. Certification.
(a) The operator shall submit a certification by a Pennsylvania registered professional engineer on forms provided by the Department upon completion of each major construction activity identified in the permit for each phase or sequence of construction at the facility. Major construction activities include:
(1) Construction of the groundwater monitoring system.
(2) Construction of the subbase.
(3) Construction of the secondary liner.
(4) Construction of the leachate detection zone.
(5) Construction of the primary liner.
(6) Construction of the protective cover and the collection system within the protective cover.
(7) Construction of a leachate treatment facility.
(8) Construction of a sedimentation pond.
(9) Closure.
(10) Final closure.
(b) The certification shall describe the construction activity and the phase or sequence of construction being certified, using drawings and plans when appropriate. The certification shall include testing results to prove compliance with the approved quality assurance plan. The certification shall state that the actual construction was observed by the engineer or persons under his direct supervision, and that the supervision was carried out in a manner that is consistent with the approved permit.
(c) Upon completion of each construction activity described in subsection (a) other than construction of a leachate treatment facility, the operator shall notify the Department that the construction activity is ready for inspection. Waste may not be disposed in the area subject to the inspection until the Department has conducted an inspection that has transmitted its written approval to the permittee indicating that construction was done according to the permit. The Department may, as part of an approved quality assurance and control plan, authorize a Pennsylvania registered professional engineer who is on the site continuously during construction to certify completion of a construction activity and authorize continuation of the next phase of construction activity prior to written approval from the Department.
Cross References This section cited in 25 Pa. Code § 299.144 (relating to operating requirements).
WASTE LIMITATIONS
§ 289.211. Waste analysis.
(a) The operator shall inspect each load in accordance with its approved plan under § 287.134 (relating to waste analysis plan) to ensure compliance with that section, § 289.201 (relating to basic limitations) and whichever of the following sections is applicable:
(1) Section 289.423 (relating to minimum requirements for acceptable waste).
(2) Section 289.523 (relating to minimum requirements for acceptable waste).
(b) The operator shall maintain analyses of the waste under § 287.134 onsite for a minimum of 5 years after the analyses are performed. These records shall be made available to any representative of the Department upon request.
(c) A person or municipality shall immediately notify the Department if analyses under § 287.134 indicate that there is a significant change in the quality of the waste.
§ 289.212. Waste solidification.
(a) A person or municipality may not dispose of residual waste at a residual waste disposal impoundment unless the waste meets both of the following:
(1) The free liquid fraction of the waste shall readily separate from the solid fraction and shall be collected and discharged in accordance with this chapter.
(2) The waste shall solidify by a chemical or physical process concurrently with disposal or within the shortest period of time technologically practicable. Except for impoundments subject to § § 289.438(c) and 289.537(c) (relating to leachate collection system within protective cover; and leachate collection system within protective cover), the waste shall solidify prior to closure.
(b) The waste in the impoundment after the requirements of subsection (a) have been met shall be capable of withstanding a minimum bearing capacity of 1.5 tons per square foot with a minimum factor of safety of 1.5. The bearing capacity and minimum factor of safety may be waived by the Department in the permit based upon the postclosure use of the facility.
Source The provisions of this § 289.212 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226723).
Cross References This section cited in 25 Pa. Code § 289.114 (relating to waste solidification plan); 25 Pa. Code § 289.438 (relating to leachate collection system within protective cover); and 25 Pa. Code § 289.537 (relating to leachate collection system within protective cover).
DAILY OPERATIONS
§ 289.221. Signs and markers.
(a) Permanent physical elevation markers for the impoundment area shall be:
(1) Posted and maintained for the duration of the operations to which they pertain.
(2) Clearly visible, readable and uniform throughout the operation.
(3) Permanently fixed and made of a durable material.
(b) The perimeter of the site shall be clearly marked before the beginning of operations.
(c) The permanent physical elevation markers shall be installed at the locations in the permit, prior to the beginning of disposal operations.
(d) A person or municipality that operates a noncaptive residual waste disposal impoundment shall identify the facility for the duration of operations by posting and maintaining a sign which is clearly visible and can be easily seen and read at the junction of each access road and public road. The sign shall be constructed of a durable, weather-resistant material. The sign shall show the name, business address and telephone number of the person or municipality that operates the facility, the operating hours of the facility and the number of the current permit authorizing operation of the facility.
Source The provisions of this § 289.221 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226724).
§ 289.222. Access control.
(a) At facilities except local captive facilities the following requirements apply:
(1) A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.
(2) The operator shall maintain a fence or other suitable barrier around the site, including impoundments, lagoons, leachate collection and treatment systems and gas processing facilities, sufficient to prevent unauthorized access.
(3) Access to the site shall be limited to times when an attendant is on duty.
(b) At local captive facilities, the operator shall comply with subsection (a) unless the Department approves in the permit alternative means of protecting access to the site that afford an equivalent degree of protection.
Source The provisions of this § 289.222 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226724).
Cross References This section cited in 25 Pa. Code § 289.133 (relating to map and grid requirements); and 25 Pa. Code § 289.135 (relating to access control plan).
§ 289.223. Access roads.
(a) Access roads shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the site.
(b) Crossing of a perennial or intermittent stream or a wetland shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
(c) An access road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 25-year, 24-hour precipitation event. For roads that are used or in existence for more than 30 days, the drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by § 289.252 (relating to soil erosion and sedimentation control).
(d) An access road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent material approved by the Department in the permit. An access road shall be capable of withstanding the load limits projected by the applicant under § 289.134 (relating to plan for access roads). The maximum sustained grade of an access road may not exceed 12% unless otherwise approved by the Department for captive facilities.
(e) Except for captive facilities where the Department has set forth alternate requirements in the permit and except for roads not leading to the disposal area, the disposal impoundment shall maintain a minimum cartway width of one of the following:
(1) Twenty-two feet for two-way traffic.
(2) Twelve feet for one-way traffic with pull-off intervals every 100 yards or a greater distance where there is a clear view of approaching vehicles.
(f) An access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the facility to each unloading area. An access road shall be provided to each treatment facility, impoundment, and groundwater monitoring point. Other monitoring points shall be readily accessible.
(g) Disturbed areas adjacent to a road shall be vegetated or otherwise stabilized to prevent erosion.
(h) An access road shall be maintained to control dust and to prevent or control the tracking of mud on and off the site.
(i) An access road shall be designed, constructed and maintained to allow the orderly egress and ingress of vehicular traffic when the facility is in operation, including during inclement weather.
Source The provisions of this § 289.223 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226725) to (226726).
Cross References This section cited in 25 Pa. Code § 289.134 (relating to plan for access roads); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.224. Measurement and inspection of waste.
(a) For a noncaptive facility that has received, is receiving or will receive 30,000 or more cubic yards of solid waste in a calendar year, the following apply:
(1) Except as provided in paragraph (2), the operator shall weigh solid waste when it is received. The scale used to weigh solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmasters). The operator of the scale shall be a licensed public weighmaster under 3 Pa.C.S. Chapter 41 and 70 Pa. Code Part I.
(2) The Department may approve, in the permit, an alternative method of accurately measuring waste when it is received.
(b) For other facilities, solid waste received or disposed of at the facility shall be accurately weighed or otherwise accurately measured.
(c) The operator of a facility shall inspect and monitor incoming waste to ensure that the receipt of waste is consistent with this article.
Source The provisions of this § 289.224 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226726).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.225. Equipment.
(a) The operator shall maintain on the site equipment necessary for the operation of the facility in accordance with the permit. The equipment shall be maintained in an operable condition.
(b) If a breakdown of the operator’s equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.
Source The provisions of this § 289.225 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226726).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.226. Unloading.
The following apply at each facility other than a local captive facility:
(1) An attendant or clearly marked signs shall direct vehicles to the unloading area.
(2) The operator shall ensure that collection vehicles unload waste promptly in unloading areas.
§ 289.227. Air resources protection.
(a) The operator shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. § § 4001—4015); Article III (relating to air resources) and § 289.228 (relating to nuisance minimization and control). Minimization and control measures shall include the following:
(1) Ensuring that operation of the facility will not cause or contribute to an exceedance of an ambient air quality standard under § 131.3 (relating to ambient air quality standards).
(2) Ensuring that no open burning occurs at the facility.
(3) Minimizing the generation of fugitive dust emissions from the facility.
(b) The operator shall comply with the terms and conditions of an air quality plan approval and air quality operating permit issued to the facility.
Source The provisions of this § 289.227 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226726) to (226727).
Cross References This section cited in 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.228. Nuisance minimization and control.
(a) Vectors. An operator may not cause or allow the attraction, harborage or breeding of vectors.
(b) Odors.
(1) An operator shall implement the plan approved under § 289.136 (relating to nuisance minimization and control plan) to minimize and control public nuisances from odors. If the Department determines during operation of the facility that the plan is inadequate to minimize or control public nuisances, the Department may modify the plan or require the operator to modify the plan and obtain Department approval.
(2) An operator shall perform regular, frequent and comprehensive site inspections to evaluate the effectiveness of cover, capping, gas collection and destruction, waste acceptance and all other waste management practices in reducing the potential for offsite odor creation.
(3) An operator shall promptly address and correct problems and deficiencies discovered in the course of inspections performed under paragraph (2).
(c) Other. An operator shall implement the plan approved under § 289.136 to minimize and control other conditions that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
Source The provisions of this § 289.228 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226727).
Cross References This section cited in 25 Pa. Code § 289.136 (relating to nuisance control plan); 25 Pa. Code § 290.411 (relating to storage impoundments—operating requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.229. Daily volume.
(a) A person or municipality operating a residual waste impoundment may not receive solid waste at the impoundment in excess of the maximum or average daily volume approved in the permit.
(b) The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed annually by averaging the total volume received over the year.
Source The provisions of this § 289.229 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 289.303 (relating to annual operation report).
§ 289.230. Radiation monitoring and response for noncaptive residual waste disposal impoundments.
(a) An operator shall implement the action plan approved under § 289.138 (relating to radiation protection action plan).
(b) An operator shall monitor incoming waste in accordance with the Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety. Monitoring shall meet the requirements of this section and the facility’s approved radiation protection action plan.
(c) Radiation detector elements shall be as close as practical to the waste load and in an appropriate geometry to monitor the waste. The radiation monitoring system shall be set to alarm at a level no higher than 10 microroentgen per hour (uR/hr) above the average background at the facility when any of the radiation detector elements is exposed to a Cesium-137 gamma radiation field. Radiation detector elements shall be shielded to maintain the average background below 10 uR/hr. If capable of energy discrimination, the radiation monitoring system shall be set to detect gamma rays of a 50 kiloelectron volt (keV) energy and higher.
(d) An operator shall have portable radiation monitors capable of determining the radiation dose rate and presence of contamination on a vehicle that has caused an alarm. Upon a confirmed exceedance of the alarm level in subsection (c), a radiological survey of the vehicle shall be performed.
(e) An operator shall notify the Department immediately and isolate the vehicle when radiation dose rates of 20 µSv/hr (2 mrem/hr) or greater are detected in the cab of a vehicle, 500 µSv/hr (50 mrem/hr) or greater are detected from any other surface, or contamination is detected on the outside of the vehicle.
(f) Monitoring equipment shall be calibrated at a frequency specified by the manufacturer, but not less than once a year.
(g) If radioactive material is detected, the vehicle containing the radioactive material may not leave the facility without written Department approval and an authorized Federal Department of Transportation Exemption Form.
Source The provisions of this § 289.230 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
COVER AND REVEGETATION
§ 289.241. [Reserved].
Source The provisions of this § 289.241 reserved January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226727).
§ 289.242. Cover.
(a) The operator shall place final cover within 1 year after closure. The Department may require placement and revegetation of an intermediate cover that meets the requirements of § 288.233 (relating to intermediate cover and slopes), during the period between closure and construction of the final cover system.
(b) Except as provided in subsection (c), the operator shall provide final cover in the following manner:
(1) A cap shall be placed and graded over the entire surface of each final lift. The cap may be no more permeable than 1.0 x 10-7 cm/sec. The following performance standards for the cap shall be met:
(i) The cap shall minimize the migration of precipitation into the landfill.
(ii) The cap shall be resistant to physical and chemical failure.
(iii) The cap shall cover all areas where waste is disposed.
(2) A drainage layer capable of transmitting flow and preventing erosion of the soil layer shall be placed over the cap.
(3) A uniform layer of material shall be placed over the drainage layer. The layer of material shall support vegetation and protect the cap.
(c) The Department may waive the cap and drainage layer requirements of subsection (b)(1) and (2) based on a demonstration that it is not necessary to limit infiltration into the waste.
(d) Unless alternative design requirements to meet the performance standards in subsection (b)(1) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the cap shall meet the design requirements for caps in Appendix A, Table II (relating to minimum liner design standards).
(e) The layer of material described in subsection (b)(3) and intermediate cover, if required, shall meet the following performance standards. Cover material shall:
(1) Prevent vectors, odors and other nuisances.
(2) Cover residual waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of controlling fires.
(4) Be capable of supporting the germination and propagation of vegetative cover as required by § § 289.244 and 289.245 (relating to revegetation; and standards for successful revegetation).
(5) Not crack excessively when dry.
(6) Be capable of preventing frost damage to the cap.
(7) For intermediate cover, compact well.
(8) Be consistent with the waste acceptance plan.
(f) Unless alternative design requirements to meet the performance standards in subsection (e) are approved as part of the permit under § 287.231, the layer of material described in subsection (b)(3) shall meet the following design requirements:
(1) The cover soil shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam.
(2) At least 40% by weight of the cover soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.
(3) The cover may not include rocks that are greater than 6 inches in diameter.
(4) The layer of cover soil shall be at least 2 feet thick.
Source The provisions of this § 289.242 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226727) to (226728).
Cross References This section cited in 25 Pa. Code § 289.141 (relating to cover plan).
§ 289.243. Noncontiguous borrow areas.
Extraction and removal of cover and related material from offsite borrow areas shall be subject to the Noncoal Surface Mining Conservation and Reclamation Act (51 P. S. § § 3301—3326), The Clean Streams Law, and regulations promulgated thereunder, including Chapter 102 (relating to erosion and sediment control). Borrow areas located less than 300 feet from the disposal area shall be included in the permit area for the disposal facility as part of the permit application under this article.
§ 289.244. Revegetation.
(a) Vegetation shall be established on land affected by a residual waste disposal impoundment.
(b) Revegetation shall provide for an effective and permanent vegetative cover of the same seasonal variety as vegetation native to the site and capable of self-regeneration and plan succession. Introduced species may be used when desirable and necessary to achieve the approved postclosure land use. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species that is of equal or superior utility to native vegetation during each season of the year.
(c) Revegetation shall provide a quick germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.
(d) Disturbed areas shall be seeded and planted when weather and planting conditions permit, but the seeding and planting of disturbed areas shall be performed by the first normal period for favorable planting after final grading.
(e) Fertilizer and lime shall be applied to disturbed areas as necessary to maintain plant growth.
(f) Mulch shall be applied to regraded areas where necessary to control erosion, promote germination of seeds and increase the moisture retention of the soil.
Cross References This section cited in 25 Pa. Code § 289.142 (relating to revegetation plan); 25 Pa. Code § 289.242 (relating to cover); and 25 Pa. Code § 289.252 (relating to soil erosion and sedimentation control).
§ 289.245. Standards for successful revegetation.
(a) The standard for successful revegetation shall be the percent of ground cover of the vegetation which exists on the site. The Department will not approve less than a 70% ground cover of permanent plant species. No more than 1% of the total area may have less than 30% ground cover. A single or contiguous area exceeding 3,000 square feet may not have less than 30% ground cover.
(b) Trees, woody shrubs or deep rooted plants may not be planted or allowed to grow on the revegetated area of capped sites, unless otherwise allowed by the Department in the permit based on a demonstration that roots will not penetrate the cap or drainage layer.
Cross References This section cited in 25 Pa. Code § 289.142 (relating to revegetation plan); 25 Pa. Code § 289.242 (relating to cover); and 25 Pa. Code § 289.252 (relating to soil erosion and sedimentation control).
WATER QUALITY PROTECTION
§ 289.251. General requirements.
(a) The operator may 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 the Commonwealth.
(b) A residual waste disposal impoundment shall be operated to prevent and control water pollution. An operator shall operate and maintain necessary water treatment facilities until water pollution from the facility has been permanently abated.
(c) The operator may not cause or allow water pollution within or outside the site.
Cross References This section cited in 25 Pa. Code § 289.253 (relating to sedimentation ponds).
§ 289.252. Soil erosion and sedimentation control.
(a) The operator shall manage surface water and control soil erosion and sedimentation, based on the 24-hour precipitation event in inches to be expected once in 25 years.
(b) The operator shall:
(1) Prevent or minimize surface water run-on into the solid waste deposited at the facility.
(2) Meet the requirements of Chapter 102 (relating to erosion and sediment control).
(3) Prevent soil erosion and sedimentation to the maximum extent possible.
(c) When rills or gullies deeper than 9 inches form in areas that have been regraded and planted, the rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted according to § § 289.244 and 289.245 (relating to revegetation; and standards for successful revegetation). Rills or gullies of lesser size shall be stabilized and the area reseeded or replanted if the rills or gullies are disruptive to the approved postclosure land use or may result in additional erosion and sedimentation.
Cross References This section cited in 25 Pa. Code § 289.151 (relating to soil erosion and sedimentation control plan); and 25 Pa. Code § 289.223 (relating to access roads).
§ 289.253. Sedimentation ponds.
(a) Surface drainage from the disturbed area, including areas that have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the site. The Department may, in the permit, waive the required use of sedimentation ponds when a person or municipality demonstrates to the satisfaction of the Department that sedimentation ponds are not necessary to meet the requirements of § 289.251 (relating to general requirements).
(b) Sedimentation ponds shall be constructed, operated and maintained under this section and Chapter 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management) and the minimum design criteria contained in the United States Soil Conservation Service’s Engineering Standard 378, ‘Pond’ Pa.
(c) Sedimentation ponds and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
(d) Ponds shall include a nonclogging dewatering device approved by the Department that will permit the draining of the water from the pond. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.
(e) Ponds shall be designed, constructed and maintained to prevent short circuiting to the maximum extent possible.
(f) The design, construction and maintenance of a sediment pond under this section does not relieve the person or municipality that operates a facility of the responsibility for complying with the applicable treatment requirements and effluent limitations established under § 289.251.
(g) At a minimum, sedimentation ponds shall be capable of managing the runoff resulting from a 25-year, 24-hour precipitation event.
Cross References This section cited in 25 Pa. Code § 289.151 (relating to soil erosion and sedimentation control plan).
§ 289.254. Discharge structures.
Discharges from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipaters, riprap channels or other devices when necessary to reduce erosion, to prevent deepening or enlargement of stream channels and to minimize disturbance to surface and groundwater. Discharge structures shall be designed and maintained according to standard engineering design procedures, and shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
Cross References This section cited in 25 Pa. Code § 289.151 (relating to soil erosion and sedimentation control plan).
§ 289.255. Water supply replacement.
(a) A person or municipality operating a residual waste disposal impoundment which adversely affects a water supply by degradation, pollution or other means shall restore the affected supply at no additional cost to the owner or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner.
(b) A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(c) A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:
(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.
(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.
(d) Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.
Source The provisions of this § 289.255 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266335) to (266336).
Cross References This section cited in 25 Pa. Code § 289.432 (relating to general limitations); 25 Pa. Code § 289.532 (relating to general limitations); and 25 Pa. Code § 299.144 (relating to operating requirements).
WATER QUALITY MONITORING
§ 289.261. General requirements.
(a) A person or municipality that operates a residual waste disposal impoundment shall install, operate and maintain a monitoring system that can detect the entry of solid waste, solid waste constituents, leachate, contaminants, degradation or constituents of decomposition into the ground or surface water. The monitoring system shall comply with this section and § § 289.262—289.268.
(b) A person may not construct, install or use a monitoring system for a residual waste disposal impoundment until that system has first been approved by the Department in writing.
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.262. Number, location and depth of monitoring points.
(a) The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system shall consist, at a minimum, of the following:
(1) At least one monitoring well at a point hydraulically upgradient from the disposal area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the facility, except when the facility occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the facility.
(2) At least three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area in which solid waste has been or will be disposed. In addition to the downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the area in which solid waste has been or will be disposed, if the springs are developed and protected in a manner approved by the Department and if the springs otherwise meet the requirements of this subchapter.
(3) A leachate detection system for the disposal area, when required for the facility.
(4) A leachate collection system for the disposal areas, when required for the facility.
(5) Surface water monitoring points approved by the Department.
(b) The upgradient and downgradient monitoring wells shall be:
(1) Sufficient in number, location and depth to be representative of water quality.
(2) Located so that they do not interfere with routine facility operations.
(3) Located within 200 feet of the permitted disposal area, except as necessary to comply with subsection (c), and located at the points of compliance.
(c) In addition to the requirements of subsection (b), upgradient monitoring wells shall be located so that they will not be affected by adverse effects on groundwater from the disposal area.
(d) In addition to the requirements of subsection (b), downgradient monitoring wells shall be located so that they will provide early detection of adverse effects on groundwater from the disposal area.
(e) Wells drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. § § 645.1—645.13).
(f) The well materials shall be decontaminated prior to installation.
Source The provisions of this § 289.262 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266336) and (226733).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); 25 Pa. Code § 289.303 (relating to annual operation report); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.263. Standards for wells and casing of wells.
(a) Monitoring wells shall be cased as follows:
(1) The casing shall maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.
(2) The minimum casing diameter shall be 4 inches unless otherwise approved by the Department in writing.
(3) The well shall be constructed with a screen that meets the following requirements:
(i) The screen shall be factory-made.
(ii) The screen may not react with the groundwater being monitored.
(iii) The screen shall maximize open area to minimize entrance velocities and allow rapid sample recovery.
(4) The well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material shall be well rounded and dimensionally stable.
(5) The casing shall be clearly visible and protrude at least 1 foot above the ground, unless the Department has approved flush mount wells.
(6) The annular space above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.
(7) The casing shall be designed and constructed in a manner that prevents cross contamination between surface water and groundwater.
(8) Alternative casing designs for wells in stable formations may be approved by the Department.
(b) Monitoring well casings shall be enclosed in a protective casing that shall:
(1) Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.
(2) Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.
(3) Be grouted and placed with a concrete collar at least 3 feet deep to hold it firmly in position.
(4) Be numbered for identification with a label capable of withstanding field conditions and painted in a highly visible color.
(5) Protrude above the monitoring well casing.
(6) Have a locked cap.
(7) Be made of steel or another material of equivalent strength.
Source The provisions of this § 289.263 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226733) to (226734).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.264. Sampling and analysis.
(a) A person or municipality operating a residual waste disposal impoundment shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:
(1) Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total dissolved solids, total organic carbon, turbidity, iron, manganese, magnesium, potassium and sodium.
(2) Quarterly, for groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.
(3) Annually, for total and dissolved concentrations for each of the following: barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc.
(4) Annually, for the following volatile organic compounds: Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene and xylene.
(5) Other constituents contained in the waste that may leach into the environment, as determined under § 287.132 (relating to chemical analysis of waste). The quarterly analysis shall be adjusted to reflect parameters detected from leachate analysis under § 289.456 or § 289.556 (relating to leachate analysis; and sludge handling).
(b) The Department may modify the requirements of this section, based on the waste analysis conducted under § 287.132 for captive residual waste disposal impoundments that receive only one type of waste, for parameters and monitoring frequencies that are not necessary to determine the actual or potential effect of the facility on surface or groundwater. This subsection does not apply to subsection (a)(1).
(c) For facilities permitted before July 4, 1992, the parameters described in this section shall be sampled and analyzed beginning October 4, 1992.
Source The provisions of this § 289.264 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226735).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.435 (relating to leachate detection zone); 25 Pa. Code § 289.534 (relating to leachate detection zone); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.265. Reporting of analysis results and data evaluation.
Analyses of data required by this subchapter shall be submitted, on a form provided by the Department, within 60 days of sampling or 15 days after completion of analyses, whichever is sooner, unless the Department approves another time period in the permit. The data analysis shall be accompanied by a data evaluation as required by § 289.152(b)(4) (relating to water quality monitoring plan).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.266. Groundwater assessment plan.
(a) Requirement. A person or municipality operating a residual waste disposal impoundment shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:
(1) Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point.
(2) Laboratory analysis of one or more public or private water supplies indicates groundwater degradation that could reasonably be attributed to the facility.
(b) Exception. The operator is not required to conduct an assessment under this section if one of the following applies:
(1) Within 10 working days after receipt of sample results indicating groundwater degradation, the operator resamples the affected wells and analysis from resampling shows to the Department’s satisfaction that groundwater degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earthmoving and other activities related to facility construction, or by seasonal variations.
(c) Assessment plan. The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain, at a minimum, the following information:
(1) The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with § § 289.262 and 289.263 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(2) Sampling and analytical methods for the parameters to be evaluated.
(3) Evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.
(4) An implementation schedule.
(5) Identification of the abatement standard that will be met.
(d) The groundwater assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. The operator shall notify, in writing, each owner of a private or public water supply that is located within 1/2 mile downgradient of the disposal area that an assessment has been initiated.
(e) Within 45 days after the completion of the groundwater assessment plan, the operator shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.
(f) If the Department determines after review of the groundwater assessment report that implementation of an abatement plan is not required by § 289.267 (relating to abatement plan), the operator shall submit a permit modification application under § 287.222 (relating to permit modification) for necessary changes to the groundwater monitoring plan. The operator shall implement the modifications within 30 days of the Department’s approval.
(g) This section does not prevent the Department from requiring, or the operator from conducting, groundwater abatement or water supply replacement concurrently with or prior to implementation of the assessment.
Source The provisions of this § 289.266 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226736) to (226737).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 287.342 (relating to final closure certification); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.267 (relating to abatement plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.267. Abatement plan.
(a) The operator of a residual waste disposal impoundment shall prepare and submit to the Department an abatement plan when one of the following occurs:
(1) The groundwater assessment plan prepared and implemented under § 289.266 (relating to groundwater assessment plan) shows the presence of groundwater degradation for one or more contaminants at one or more monitoring points and the analysis under § 289.266(c) indicates that an abatement standard under subsection (c) will not be met.
(2) Monitoring by the Department or operator shows the presence of an abatement standard exceedance for one or more contaminants from one or more compliance points as indicated in subsection (c) even if a groundwater assessment plan has not been completed. The operator is not required to implement an abatement plan under this paragraph if the following apply:
(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance described in subsection (c), the operator resamples the affected wells.
(ii) Analysis from resampling shows to the Department’s satisfaction that an exceedance of an abatement standard has not occurred.
(b) An abatement plan shall be prepared by an expert hydrogeologist and submitted to the Department. The plan shall contain, at a minimum, the following information:
(1) The specific methods or techniques to be used to abate groundwater degradation from the facility.
(2) The specific methods or techniques to be used to prevent further groundwater degradation from the facility.
(3) A schedule for implementation.
(c) If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one or more of the following standards at the identified compliance points:
(1) For constituents for which a Statewide health standards exists, the Statewide health standard for that constituent at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(2) The background standard for constituents at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(3) For constituents for which no primary MCL under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. § § 300f—300j-18 and 35 P. S. § § 721.1—721.17) exist, the risk-based standard at and beyond the property boundary, whichever is closer, if the following conditions are met:
(i) The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.
(ii) The level is derived in a manner consistent with Department guidelines for assessment the health risks of environmental pollutants.
(iii) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2692), or other scientifically valid studies approved by the Department.
(iv) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1 x 10-5 at the property boundary.
(d) For measuring compliance with secondary contaminants under subsection (c)(1) or (3), the Department may approve a compliance point beyond 150 meters on land owned by the owner or the disposal area.
(e) The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.
(f) If the Department determines that the proposed plan is inadequate, the Department may modify the plan and approve the plan as modified or require the submission of an approval modification.
(g) The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule.
(h) If, after plan approval or implementation, the Department finds that the plan is incapable of achieving the groundwater protection contemplated in the approval, the Department may do one or more of the following:
(1) Issue an order requiring the operator to submit proposed modifications to the abatement plan.
(2) Issue an order requiring the operator to implement the abatement plan as modified by the Department.
(3) Issue any order as the Department deems necessary to aid in the enforcement of the act.
Source The provisions of this § 289.267 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226737) to (226740).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.268. Recordkeeping.
A person or municipality subject to the requirements of this subchapter shall retain records of analyses and evaluations of monitoring data and groundwater elevations required under this subchapter until release of the bonds, and shall make the records available to the Department upon request.
Cross References This section is cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
IMPOUNDMENTS
§ 289.271. General requirements.
(a) Impoundments shall be designed, constructed, operated and maintained in accordance with the following:
(1) An impoundment shall have sufficient freeboard to prevent overtopping, including overtopping caused by the 24-hour precipitation event in inches to be expected once in 25 years. The freeboard may not be less than 2 feet.
(2) The dike shall have sufficient structural integrity to prevent failure. The liner system of the impoundment may not be considered in determining the structural integrity of the dike.
(3) The dike shall be capable of withstanding anticipated static and dynamic loadings with a minimum safety factor for the most critical failure surface of 1.5 for static loading and 1.2 for dynamic loading.
(4) An impoundment shall be equipped so that flow of residual waste into the impoundment can be shut off immediately.
(5) Dikes and berms shall be free of burrowing mammals and plants with root systems capable of displacing earthen materials upon which the structural integrity of the dikes or berms is dependent.
(6) An impoundment shall be surrounded by structures sufficient to prevent surface runoff from a 25-year, 24-hour precipitation event from entering the impoundment.
(7) Odors and the dispersal of residual waste or waste constituents by wind and water erosion shall be prevented.
(b) Residual waste may not be disposed in tanks.
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 § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.272. Inside slopes.
Except for impoundments with concrete walls that are approved in the permit, the inside slopes of an impoundment shall be designed, constructed, operated and maintained as follows:
(1) An inside slope may not exceed a grade of 25%, except that the Department may approve slopes up to 33% based on a stability analysis.
(2) An inside slope shall be designed and constructed with sufficient protective cover to prevent wind and water erosion, and to preserve the structural integrity of the dike.
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 § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.273. Outside slopes and terraces.
The outside slopes and terraces of an impoundment shall be designed, constructed, operated and maintained as follows:
(1) The outside slopes of the dike may not exceed 25% unless the following requirements are met:
(i) A horizontal terrace with a minimum width of 10 feet is constructed at each 20-foot vertical rise of the slope, or the Department approves in the permit a terrace with different dimensions.
(ii) Surface water on the terrace is collected and discharged so that it does not erode or otherwise adversely affect the stability of the dike.
(iii) The final slope does not exceed 50%.
(2) The outside slope and terraces of the dike shall be stabilized with permanent vegetation, rock rip-rap or other nonerodable material to prevent wind and water erosion and preserve the structural integrity of the dike.
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 § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.274. Failure.
(a) If an impoundment fails, the operator shall immediately comply with the following:
(1) Stop adding waste to the impoundment.
(2) Contain discharges that have occurred or are occurring.
(3) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.
(b) An impoundment that has been removed from service due to failure may not be restored to service unless the impoundment has been repaired, the repair has been certified to the Department in writing by a registered professional engineer and the Department has approved in writing the restoration of the impoundment to service.
Cross References This section cited in 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
MINERAL AND GAS
§ 289.281. Mineral resources.
(a) The operator shall isolate coal seams, coal outcrops and coal refuse from combustible waste deposits in a manner that prevents the combustion of the waste and that prevents damage to the liner system.
(b) Mine openings within the site shall be sealed in a manner approved by the Department.
(c) The operator shall implement a plan for controlling potential for damage from subsidence that was submitted and approved under § 289.127 (relating to mineral deposits information).
Source The provisions of this § 289.281 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226742).
§ 289.282. Gas control and monitoring.
(a) If the waste disposed at the facility generates, or is likely to generate gas, the operator shall establish and implement a gas control and monitoring program plan under § 289.162 (relating to gas monitoring and control plan).
(b) The operator shall control decomposition gases generated within the site to prevent danger to workers, structures and to occupants of adjacent property.
(c) Gas venting and monitoring systems shall be installed during construction at facilities.
(d) Gas monitoring shall be conducted in accordance with the approved plan. Gas monitoring shall be conducted quarterly by the operator during active operations and after closure until the Department determines in writing that gas monitoring is not necessary to ensure compliance with the act, the environmental protection acts, regulations thereunder and the terms and conditions of the permit.
(e) Combustible gas levels may not equal or exceed:
(1) Twenty-five percent of the lower explosive limit in a structure within the site.
(2) The lower explosive limit at the boundaries of the site.
(f) The operator shall conduct active forced ventilation of the facility, using vents located at least 3 feet above the disposal impoundment surface, if:
(1) Passive venting has caused or may cause violations of subsection (e).
(2) Induced positive gas flows will prevent or control offsite odors.
Source The provisions of this § 289.282 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226742) and (255111).
Cross References This section cited in 25 Pa. Code § 289.162 (relating to gas monitoring and control plan).
§ 289.283. Gas recovery.
(a) Gas recovery shall be conducted as follows:
(1) So that it does not interfere or conflict with activities on the site or required control measures.
(2) Without creating or causing damage to persons or property.
(3) According to the plan approved by the Department under § 289.162 (relating to gas monitoring and control plan).
(b) The operator shall, on an annual basis, physically and chemically characterize recovered gas, condensates or other residues which are generated. Users of the recovered gas shall be informed of the chemical quality of the gas. If the gas, condensates or other residues are hazardous, they shall be managed under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 289.162 (relating to gas monitoring and control plan).
EMERGENCY PROCEDURES
§ 289.291. Hazard prevention.
Residual waste disposal impoundments shall be designed, constructed, maintained and operated to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth that could threaten public health or safety, public welfare or the environment.
Source The provisions of this § 289.291 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255111).
Cross References This section cited in 25 Pa. Code § 289.163 (relating to contingency plan).
§ 289.292. Emergency equipment.
(a) Except as provided in subsection (b), the operator shall have available in proper working condition the following equipment at the immediate operating area of the facility:
(1) An internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel.
(2) A communications system capable of summoning emergency assistance from local police, fire departments, emergency medical services and from State and local emergency response agencies.
(3) Portable fire extinguishers, fire control equipment, spill control equipment, self-contained breathing apparatus and decontamination equipment. For fire control equipment requiring water, the facility shall have a water supply of adequate quantity and pressure to supply the equipment.
(4) Portable gas explosimeters and gas monitoring equipment.
(b) The Department may waive or modify one or more of the requirements of subsection (a) in the permit if the operator demonstrates to the Department’s satisfaction that the requirements are not necessary to protect public health and safety, public welfare and the environment.
(c) Equipment and material required by this section shall be tested and maintained in a manner that is operable in time of emergency.
(d) Adequate space shall be maintained to allow the unobstructed movement of emergency personnel and equipment to any operating area of the facility.
Source The provisions of this § 289.292 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255112).
Cross References This section cited in 25 Pa. Code § 289.163 (relating to contingency plan).
§ 289.293. Implementation of contingency plan.
(a) The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan if there is an emergency. For the purposes of this section, the term ‘‘emergency’’ includes a fire, spill or other event that threatens public health and safety, public welfare or the environment and personal injury.
(b) During an emergency, the operator shall:
(1) Assess actual or potential hazards to public health and safety, public welfare and the environment that are occurring or may occur.
(2) Ensure that fires, spills or other hazards do not occur, reoccur or spread to other solid waste at the facility.
(3) Immediately telephone the Department and county emergency management agency and report the following information:
(i) The name of the person reporting the incident and telephone number where that person may be reached.
(ii) The name, address and permit number of the facility.
(iii) The date, time and location of the emergency.
(iv) A brief description of the nature of the emergency, the type and quantity of the solid waste involved, and what dangers to public health and safety, public welfare and the environment exist or may occur.
(v) The nature of injuries.
(vi) The parts of the contingency plan being implemented to alleviate the emergency.
(c) After an emergency, the operator of the facility shall meet the following requirements:
(1) Clean up the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.
(2) Prevent disposal, processing or storage of solid waste in the area affected by the emergency until the operator has cleaned up the area, and the Department has inspected and approved the cleanup.
Cross References This section cited in 25 Pa. Code § 289.163 (relating to contingency plan).
RECORDKEEPING AND REPORTING
§ 289.301. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that residual waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs. The operator of a captive residual waste facility may maintain a monthly operational record instead of a daily operational record for each month in which residual waste is received, processed or disposed, and each month that construction, monitoring or postclosure activity occurs. The monthly operational record shall contain the information required in subsection (b)(1)—(6).
(b) The operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) A description of waste handling problems or emergency disposal activities.
(3) A record of deviations from the approved design or operational plans.
(4) A record of activities for which entries are needed to comply with the annual operation report required in § 289.303 (relating to annual operation report).
(5) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(6) A record of rejected waste loads, the reason for rejecting the loads, and for noncaptive facilities, the name of the transporter and the name, mailing address, county and state of the generator shall also be included.
(7) For noncaptive facilities, the following:
(i) The transporters of the waste.
(ii) The name, mailing address, county and state of each generator of residual waste.
(iii) An analysis of the quality and quantity of leachate flowing from the impoundment into the leachate storage and treatment systems.
(iv) A record of each incident in which radioactive material is detected in waste loads. The record shall include:
(A) The date, time and location of the occurrence.
(B) A brief narrative description of the occurrence.
(C) Specific information on the origin of the material, if known.
(D) A description of the radioactive material involved, if known.
(E) The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.
(F) The final disposition of the material.
(v) A record of each vehicle, other than a combination that exceeds 73,280 pounds gross weight and of each combination that exceeds 80,000 pounds gross weight.
(A) The record shall include:
(I) The gross weight of the vehicle when weighed at the facility.
(II) The registration plate number and home, or base state registration of the vehicle.
(III) The name, business address and telephone number of the owner of the vehicle.
(IV) The date that the weight scale was last tested in accordance with 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act).
(V) The date and time when the vehicle was weighed at the facility.
(B) For purposes of this subparagraph, the following terms shall have the following meanings:
(I) Combination—Two or more vehicles physically interconnected in tandem. An example of a combination is a truck trailer attached to a semitrailer.
(II) Gross weight—The combined weight of a vehicle or combination of vehicles and its load excluding the driver’s weight.
(III) Registration—The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily and monthly operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.
Authority The provisions of this § 289.301 amended under the Solid Waste Management Act (35 P. S. § § 6108.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Infectious and Chemotherapeutic Waste Law (35 P. S. § § 6019.1—6019.6).
Source The provisions of this § 289.301 amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239027) to (239028).
§ 289.302. [Reserved].
Source The provisions of this § 289.302 reserved January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (239028).
§ 289.303. Annual operation report.
(a) An operator shall submit to the Department an annual operation report on or before June 30 of each year.
(b) The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following information:
(1) The weight or volume of each type of solid waste received. For noncaptive facilities, the report shall include the average daily volume totals computed in accordance with § 289.229 (relating to daily volume).
(2) A volumetric calculation of capacity used in the previous year and remaining permitted capacity.
(3) A description of the acreage used for disposal, the acreage seeded, the acreage that has been vegetated, the acreage where vegetation is permanently established and a narrative of the operator’s progress in implementing its closure plan.
(4) A current certificate of insurance as specified in § 287.373(a) (relating to proof of insurance coverage), evidencing continuous coverage for comprehensive general liability insurance as required by § 287.371 (relating to insurance requirement).
(5) Changes in the previous year concerning the information required by § § 287.124 and 287.125 (relating to identification of interests; and compliance information). The report shall state if no changes have occurred.
(6) A change in the ownership of the land upon which the facility is located or a change in a lease agreement for the use of the land that may affect or alter the operator’s rights upon the land.
(7) A written update of the total bond liability for the facility under § 287.331 (relating to bond amount determination). If additional bond is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.
(8) Certification that the operator has received the analysis or certification required by § 287.54 (relating to chemical analysis of waste) for each type of residual waste received at the facility, and that the residual waste that is received at the facility meets the conditions in the facility’s permit.
(9) For noncaptive facilities, the type and weight or volume of solid waste received from each generator, including the name, mailing address, county and state of each generator.
(10) A record of detected radioactive materials.
(c) The annual operation report shall be accompanied by a nonrefundable annual permit administration fee of $4,600 in the form of a check payable to the “Commonwealth of Pennsylvania.”
(d) The report shall include an evaluation of whether the monitoring plan implemented under this subchapter needs to be revised to comply with § 289.262 (relating to number, location and depth of monitoring points) because of changes in groundwater elevation or other reasons. If this evaluation determines that changes in the approved groundwater monitoring plan are necessary, the operator shall immediately notify the Department and submit an application for permit modification under § 287.222 (relating to permit modification) for necessary changes in the monitoring plan.
Authority The provisions of this § 289.303 issued under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471—480); The Clean Streams Law (35 P. S. § § 691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); amended under sections 5(b) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b) and 691.402); section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.302); section 408(e) of the Pennsylvania Used Oil Recycling Act (58 P. S. § 408(e)); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); section 105(4) of the Waste Tire Recycling Act (35 P. S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); the Infectious and Chemotherapeutic Waste Law (35 P. S. § § 6019.1—6019.6); and the Vehicle Code, 75 Pa.C.S. § 4909(e).
Source The provisions of this § 289.303 amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239028) to (239029).
Cross References This section cited in 25 Pa. Code § 289.301 (relating to daily operational records).
CLOSURE PROVISIONS
§ 289.311. Postclosure land use.
The operator shall implement the postclosure land use plan approved by the Department under § 289.171 (relating to postclosure land use plan).
§ 289.312. Closure.
(a) The operator shall implement the closure plan approved by the Department under § 289.172 (relating to closure plan).
(b) At least 180 days before implementation of a closure plan, the operator shall review its approved closure plan to determine whether the plan requires modification, and shall submit proposed changes to the Department for approval under § 287.222 (relating to permit modification).
(c) If groundwater degradation exists at closure or occurs after closure, a person shall meet one of the following:
(1) Continue to implement an approved abatement plan.
(2) Submit an application for a closure plan modification in accordance with the procedures for a major permit modification. The operator shall select one or more remediation standards that will be met in accordance with the final closure certification requirements in § 287.342 (relating to final closure certification).
(d) An application for a closure plan modification shall include the following:
(1) Technical information and supporting documentation identifying the remediation activities that will be conducted to meet and maintain the remediation standards.
(2) If a remedy relies on access to or use of properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement.
Source The provisions of this § 289.312 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (239030).
Cross References This section cited in 25 Pa. Code § 299.144 (relating to operating requirements).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
