Subchapter B. GENERAL APPLICATION REQUIREMENTS FOR
THE LAND APPLICATION OF RESIDUAL WASTE
Sec.
291.101. General.
291.102. Operating plan.
291.103. Maps and related information.
291.104. Soils description.
291.105. Groundwater information.
291.106. Surface water information.
291.107. Nuisance control plan.
Cross References This subchapter cited in 25 Pa. Code § 291.301 (relating to additional application requirements); and 25 Pa. Code § 291.401 (relating to additional application requirements).
§ 291.101. General.
(a) An application for the land application of residual waste shall:
(1) Comply with this subchapter.
(2) Comply with the additional application requirements that are specifically applicable to the particular type of operation that is proposed.
(3) Comply with the applicable requirements of Chapter 287 (relating to residual waste management—general provisions).
(4) Be considered an application for agricultural utilization or land reclamation.
(b) An application shall demonstrate how the applicant plans to comply with Subchapter C (relating to general operating requirements for the land application of residual waste), as well as additional operating requirements in this chapter that are specifically applicable to the particular type of operation that is proposed.
Source The provisions of this § 291.101 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226798).
§ 291.102. Operating plan.
An application shall contain a narrative description explaining the following:
(1) Whether the proposed operation is for agricultural utilization or land reclamation of residual waste.
(2) The general operating plan for the proposed operation, including the proposed life of the operation, and the origin and weight or volume of residual waste that is proposed to be applied during the operation.
(3) The proposed application rate per acre, which shall be consistent with the applicable Departmental guidelines for the proposed operation, and the dates when the applicant proposes to apply residual waste.
(4) An analysis of the effect of the proposed operation and loading rates over the lifetime of the facility on air, water, vegetation and other natural resources.
(5) The method by which residual waste will be applied and incorporated into soil.
(6) The equipment to be used for site preparation, land application of residual waste, residual waste incorporation into the soil when incorporation is required, and seeding.
(7) The use that will be made of the proposed permit area after residual waste application has permanently ceased.
(8) The nuisance control plan to prevent health hazards or nuisances.
Source The provisions of this § 291.102 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226798) to (226799).
§ 291.103. Maps and related information.
(a) An application shall contain a topographic map on a scale in which 1 inch equals no more than 400 feet, including necessary narrative descriptions, which show the following:
(1) The boundaries and the names of the present owners of record of the land, including easements, rights-of-way and other property interests, for the proposed permit area and adjacent areas; and a description of all title, deed or usage restrictions affecting the proposed permit area.
(2) The boundaries and the names of the present owners for the proposed permit area and adjacent area.
(3) The boundaries of the land where residual waste will be applied over the estimated total life of the proposed operation, including the boundaries of land that will be affected in each sequence of land application activity.
(4) The boundaries of land where residual waste will be stored at various times over the estimated total life of the proposed operation.
(5) The location and name of public and private water sources and wells within the isolation distances in § 291.202 (relating to areas where the land application of residual waste is prohibited).
(6) Municipalities in which the permit area is proposed to be located.
(7) The location and type of existing or proposed erosion control devices.
(8) Surface waters in the proposed permit area and adjacent area, as required by § 291.106 (relating to surface water information).
(b) An application shall contain a United States Department of Agriculture Soil Conservation Service soils map, or aerial photographs if current soils maps are unavailable, which shows the location and types of soils within the proposed permit area and adjacent area.
Source The provisions of this § 291.103 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226799).
Cross References This section cited in 25 Pa. Code § 291.222 (relating to annual operation report).
§ 291.104. Soils description.
(a) An application shall contain a description of the soils within the proposed permit area and adjacent area. The application shall include a description of the depth, matrix, color, texture, structure, pH, consistency, degree of mottling and, if present, mottled colors and coarse fragment content for each horizon of soil from the surface to bedrock. If required by the Department, the applicant shall base this description on a sufficient number of pits or excavations to allow an accurate characterization of the soils within the proposed permit area and adjacent area.
(b) In preparing the soils description, the applicant shall use the United States Department of Agriculture Soil Classification System. The United States Department of Agriculture’s Soil Classification System is published in ‘‘Soil Taxonomy’’ Agriculture Handbook #436 of the United States Department of Agriculture, Soil Conservation Service, and is available from the Department or the National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092.
(c) The application shall include a minimum of one background chemical analysis for soil in each field or soil series at the proposed facility for pH, phosphorus, cadmium, zinc, copper, nickel, lead, chromium, mercury and other constituents contained in the waste that may be leached into the environment, as determined under § 287.132 (relating to chemical analysis of waste), unless otherwise specified by the Department, in writing. The chemical analysis shall be based on a composite of samples from each field or soil series, unless otherwise required by the Department. The procedure for soil sampling and analysis shall be consistent with Department guidelines.
(d) If residual waste was previously applied to the proposed permit area, the application shall also describe background concentrations for pH, phosphorus, cadmium, zinc, copper, nickel, lead, chromium, mercury and other constituents contained in the waste that may leach into the environment, as determined under § 287.132 for similar soils adjacent to the facility where residual waste has not been applied, unless otherwise required by the Department. Procedures for soil sampling and analysis shall be consistent with Department guidelines.
(e) The information required by this section shall be prepared by experts in soil science.
§ 291.105. Groundwater information.
The application shall contain a description of the groundwater hydrology of the proposed permit area and adjacent area, including, at a minimum, the following:
(1) The depth to regional groundwater table over the proposed permit area and adjacent area.
(2) The depth to seasonal high water table over the proposed permit area and adjacent area as indicated by the presence of soil mottling or as altered by drainage devices installed under an approved soil conservation plan.
(3) The uses of the groundwater.
(4) A description of known groundwater quality problems.
§ 291.106. Surface water information.
(a) An application shall contain a description of the surface waters in the proposed permit area and adjacent area, including the name of the watershed which will receive water discharges, the location of surface water bodies, such as streams, lakes, ponds and mine discharges and seeps, the location of water discharges into a surface body of water, and descriptions of surface drainage systems within the proposed permit area and adjacent area.
(b) An application shall also include a plan to manage surface water and control erosion during the life of operations at the facility. The plan shall be consistent with the requirements of Chapter 102 (relating to erosion and sediment control).
Cross References This section cited in 25 Pa. Code § 291.103 (relating to maps and related information).
§ 291.107. Nuisance control plan.
The application shall contain a plan under § 291.210 (relating to nuisance control) to prevent and control hazards or nuisances from vectors, odors, noise, dust and other nuisances not otherwise provided for in the permit application. The plan shall provide for the routine assessment of vector infestation and shall also provide for countermeasures. The plan may include a control program involving a contractual arrangement for services with an exterminator.
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