§ 287.112. Storage impoundments and storage facilities.
(a) The Department will modify each permit for a residual waste storage impoundment that was issued under the act or The Clean Streams Law before July 4, 1992, to require that the facility will be cleaned out and emptied in accordance with the schedule that the operator of the facility described in the notice required by § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities).
(b) Within 6 months after receiving written notification from the Department, an operator of a residual waste storage impoundment that has not submitted a water quality monitoring plan with the notice required by § 287.111 shall submit the plan to the Department.
(c) The operator of a residual waste storage impoundment shall implement a water quality monitoring plan that meets the requirements of this article within 6 months after the Department approves the plan.
(d) By July 4, 2002, a person or municipality may not store waste in a residual waste storage impoundment unless the operator of the facility has implemented a water quality monitoring plan that has been approved by the Department and that meets the requirements of this article.
(e) Each operator of a residual waste storage impoundment shall comply with the operating requirements of this article prior to receiving a permit from the Department under this article, except § 299.144(a)(10) and (11) (relating to operating requirements). Nothing in this subsection prevents the Department from requiring the operator of a residual waste storage impoundment to take measures to abate offsite leachate migration, groundwater degradation, offsite air emissions, or another public nuisance or threat of harm to public health, safety, welfare or the environment caused by the operator’s failure to comply with § 299.144(a)(10) and (11) prior to receiving a permit from the Department.
(f) Modification of operating requirements on repermitting are as follows:
(1) For residual waste storage impoundments permitted and constructed on or before July 4, 1992, the Department may waive or modify the liner system and leachate treatment system requirements that would otherwise be applicable under this article if the following conditions are met:
(i) The Department has approved a groundwater monitoring system for the facility and the system has been installed.
(ii) The operator demonstrates based on sampling and analysis data taken by the operator or the Department that groundwater degradation from the facility does not exceed one of the following for any contaminant:
(A) The Statewide health standard for the contaminant at the property boundary.
(B) The background standard for the contaminant at the property boundary.
(2) For residual waste storage impoundments permitted under the act or The Clean Streams Law before July 4, 1992, the Department may modify the impoundment design requirements that are otherwise applicable under § 299.144(a)(6) after an approval of a complete application for permit modification, if the operator demonstrates that the existing design is structurally as sound as the design required by § 299.144(a)(6).
(3) The Department may revoke action taken under this subsection if conditions at the site no longer meet the requirements in that paragraph.
(4) Nothing in this subsection prevents the Department from requiring the operator of a storage impoundment subject to this subsection to take measures to abate offsite leachate migration, groundwater degradation, or another public nuisance or threat of harm to public health, safety, welfare or the environment caused by the failure of the operator to install or maintain the liner system and leachate treatment system that would otherwise be required by this article.
(g) A residual waste disposal impoundment that is authorized by a permit issued by the Department under the act or The Clean Streams Law before July 4, 1992, shall comply with § § 287.115 and 287.116 (relating to filing by permitted facilities; and interim operational requirements), instead of this section.
(h) A residual waste disposal impoundment that is not authorized by a permit issued by the Department under the act or The Clean Streams Law before July 4, 1992, shall comply with § § 287.113 and 287.114 (relating to permitting procedure for unpermitted processing or disposal facilities; and interim operational requirements for unpermitted processing or disposal facilities), instead of this section.
(i) The Department may waive or modify the requirements of Chapter 299, Subchapter A (relating to standards for storage of residual waste) for a residual waste storage pile or a residual waste storage container that was authorized by a permit issued by the Department under The Clean Streams Law prior to July 4, 1992. Nothing in this subsection prevents the Department from requiring the operator of a facility that is subject to that subsection to take measures to abate groundwater degradation or any other public nuisance or threat of harm to public health, safety, welfare or the environment caused by the operator’s failure to comply with Chapter 299, Subchapter A.
Source The provisions of this § 287.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226497) to (226499).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); and 25 Pa. Code § 287.118 (relating to Departmental responsibilities).
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