§ 287.103. Emergency disposal or processing.
(a) Notwithstanding any provision of this article or a term or condition of a permit for a solid waste processing or disposal facility, the Department may allow the prompt disposal or processing of waste at a permitted facility if the following are met:
(1) The waste was created, spilled or released during or as a result of an emergency. For purposes of this section, the term ‘‘emergency’’ means a fire, spill, accident or other sudden and unplanned event that harms or threatens public health and safety, public welfare, the environment or causes or threatens to cause personal injury. The term does not include increases in concentrations of contaminants in groundwater from background levels from a solid waste management facility, materials storage tank or similar source.
(2) The compliance status of the operator or a related party under section 503(c) and (d) of the act (35 P. S. § 6018.503(c) and (d)) does not require or allow denial of an application for permit modification, if a permit modification were sought.
(3) Disposal or processing of the waste at the facility, based on accurate and sufficient information about the waste:
(i) Is generally consistent with the types of waste that are permitted to be disposed or processed at the facility, as well as the design of the facility.
(ii) Would not harm or threaten public health and safety, public welfare or the environment or cause personal injury.
(iii) Would not adversely affect the ability of the liner system to prevent groundwater degradation.
(4) Disposal or processing of the waste at the facility is not prohibited by Article VII (relating to hazardous waste management).
(b) In approving the emergency disposal or processing of residual waste under this section, the Department may modify the facility’s permit under section 503(e) of the act (35 P. S. § 6018.503(e)) to impose terms and conditions which are necessary to implement the provisions and purposes of the act, the environmental protection acts and the regulations promulgated thereunder, including this article.
(c) Waste may be stored pending processing or disposal under § 299.117 (relating to emergency storage).
Cross References This section cited in 25 Pa. Code § 299.117 (relating to emergency storage); and 25 Pa. Code § 299.218 (relating to wastes from accidents and spills).
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