reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 263a - TRANSPORTERS OF HAZARDOUS WASTE › Subchapter B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING › Section 263a.24 - Documentation of hazardous waste transporter fee submission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A transporter receiving or delivering
						hazardous waste to or from a site in this Commonwealth shall submit specific
						information to the Department to document that the amount of fees submitted
						under §
												263a.23 (relating to hazardous
						waste transportation fee) is accurate. This information shall be provided on
						forms provided or approved by the Department.
(1) A transporter who has transported
						hazardous waste during a quarter shall submit completed forms ER-WM-55G and
						ER-WM-55H, or their successor documents, with the appropriate fees.
(2) A transporter who has not transported
						hazardous waste during a quarter shall submit only form
						ER-WM-55G.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 263a - TRANSPORTERS OF HAZARDOUS WASTE › Subchapter B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING › Section 263a.25 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 263a - TRANSPORTERS OF HAZARDOUS WASTE › Subchapter B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING › Section 263a.26 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 263a - TRANSPORTERS OF HAZARDOUS WASTE › Subchapter C - HAZARDOUS WASTE DISCHARGES › Section 263a.30 - Immediate action

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, in the event of a discharge or spill of hazardous waste during
						  transportation, the transporter shall immediately notify the Department by
						  telephone at (717) 787-4343.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 263a - TRANSPORTERS OF HAZARDOUS WASTE › Subchapter D - BONDING › Section 263a.32 - Bonding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A collateral
						bond means an indemnity agreement in a certain sum payable to the Department
						executed by the licensee and which is supported by the deposit with the
						Department of cash, negotiable bonds of the United States of America, the
						Commonwealth of Pennsylvania, the Turnpike Commission, the General State
						Authority, the State Public School Building Authority or a Commonwealth
						municipality, or an irrevocable letter of credit of any bank organized or
						authorized to transact business in the United States.
(b) A new, revised or renewed license to
						transport hazardous waste may not be issued by the Department before the
						applicant for a license has filed a collateral bond payable to the Department
						on a form provided or approved by the Department, and the bond is approved by
						the Department.
(c) The bond shall
						be in an amount sufficient to assure that the licensee faithfully performs the
						requirements of the act, the regulations promulgated thereunder, the terms and
						conditions of the license and any Department order issued to the licensee, but
						a minimum of $10,000.
(d) Liability
						under the bond shall continue at a minimum for the duration of the license, any
						renewal thereof and for a period of 1 year after expiration, termination,
						revocation or surrender of the license. The 1-year extended period of liability
						shall include, and shall be automatically extended for, additional time during
						which administrative or legal proceedings are pending involving a violation by
						the transporter of the act, regulations promulgated thereunder, the terms or
						conditions of a license or a Department order.
(e) The Department may require additional
						bond amounts at any time if the methods of transporting wastes change, the
						kinds of wastes transported change or the Department determines the additional
						bond amounts are necessary to guarantee compliance with the act, regulations,
						the terms and conditions of the license or a Department order.
(f) Collateral bonds are subject to the
						following conditions:
(1) The Department will
						obtain possession of and keep in custody all collateral deposited by the
						licensee until authorized for release as provided in this section.
(2) The Department will value collateral at
						its current market value.
(3)
						Collateral shall be in the name of the licensee, not in the name of third
						parties and shall be pledged and assigned to the Department free and clear of
						claims.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter A - GENERAL › Section 264a.1 - Incorporation by reference, purpose, scope and reference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as expressly provided in this
						chapter, the requirements of 40 CFR Part 264 and its appendices (relating to
						standards for owners and operators of hazardous waste treatment, storage, and
						disposal facilities) are incorporated by reference.
(b) Relative to the requirements incorporated
						by reference:
(1)
													40 CFR
						264.1(f) (relating to
						purpose, scope and applicability), regarding state program authorization under
						40 CFR Part 271 (relating to requirements for authorization of state hazardous
						waste programs) and Appendix VI to Part 264-(relating to political
						jurisdictions in which compliance with
						40 CFR
						264.18(a) must be
						demonstrated) are not incorporated by reference.
(2) Instead of
						40 CFR
						264.1(b), this chapter
						applies to an owner or operator of facilities which treat, store or dispose of
						hazardous waste in this Commonwealth, except as specifically provided in this
						chapter, Chapters 261a and 266a and §
													270a.60 (relating to
						identification and listing of hazardous waste; standards for the management of
						specific hazardous wastes and specific types of hazardous waste management
						facilities; and permits-by-rule).
(3) Instead of
						40 CFR
						264.1(g)(2), this chapter
						does not apply to the owner or operator of a facility managing recyclable
						materials described in 40
						CFR 261.6(a)(2)-(4)
						(relating to requirements for recyclable materials) except to the extent the
						requirements are referred to in Chapter 266a, Subchapters C, E, F, G or §
						270a.60.
(4)
													40 CFR
						264.1(g)(6) (relating to
						elementary neutralization unit and wastewater treatment unit) is not
						incorporated by reference. The owner or operator of an elementary
						neutralization unit or wastewater treatment unit may satisfy permitting
						requirements by complying with § 270a.60(b)(1).
(5) This chapter does not apply to handlers
						and transporters of universal wastes identified in 40 CFR Part 273 (relating to
						standards for universal waste management) or additional Pennsylvania-designated
						universal wastes identified in Chapter 266b (relating to universal
						wastes).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 264a.11 - Identification number and transporter license

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, a person or municipality who owns or operates a hazardous waste
						  management facility may not accept hazardous waste for treatment, storage or
						  disposal from a transporter who has not received an EPA identification number
						  and a license from the Department, except as otherwise provided. The licensing
						  requirement does not apply to very small quantity generators transporting their
						  own hazardous waste provided that the very small quantity generator is in
						  compliance with §
												262a.14(b)
						  (relating to conditions for exemption for a very small quantity generator),
						  transporters transporting recyclable materials utilized for precious metal
						  recovery in compliance with §
												266a.70(1) 
						  (relating to applicability and requirements) or universal waste transporters in
						  compliance with §
												266b.50 (relating to
						  applicability).
The provisions for this §
														264a.11 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P.S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P.S. §§
															6020.303 and
							 6020.305(e)(2)); and section
							 1920-A of the Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														270a.60 (relating to
							 permits-by-rule); and 25 Pa. Code §
														298.51 (relating to
							 notification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 264a.12 - Required notices

Current through Register Vol. 54, No. 28, July 13, 2024
The substitution of terms as specified in §
												260a.3(a)(1)
						  (relating to terminology and citations related to Federal regulations) does not
						  apply to 40 CFR
						  264.12 (relating to required
						  notices).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 264a.13 - General and generic waste analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements
						incorporated by reference, before an owner or operator of a facility that
						treats, stores or disposes of a specific hazardous waste from a specific
						generator for the first time, the owner or operator shall submit to the
						Department a notification that the facility intends to accept an additional
						waste stream generated by the specified generator. This notification shall
						include information that is specified in the facility's permit.
(b) If the notification information required
						in subsection (a) is not required by the facility's permit, the owner or
						operator shall submit the information required by §
												265a.13 (relating to general and
						generic waste analysis) until the permit is amended to require the notification
						information.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 264a.15 - General inspection and construction inspection requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, an owner or operator shall submit a schedule for construction of a
						  hazardous waste management facility to the Department for approval. At a
						  minimum, the schedule shall provide for inspection and approval by the
						  Department of each phase of construction.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 264a.18 - Location standards

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, Chapter 269a (relating to siting) applies to hazardous waste
						  treatment and disposal facilities.
This section cited in 25 Pa. Code §
														270a.60 (relating to
							 permits-by-rule).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 264a.56 - Emergency procedures

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, the emergency coordinator shall immediately notify the appropriate
						  regional office of the Department or the Department's Central Office by
						  telephone at (717) 787-4343.
This section cited in 25 Pa. Code §
														298.52 (relating to general
							 facility standards); and 25 Pa. Code §
														298.54 (relating to waste oil
							 management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.71 - Use of the manifest system

Current through Register Vol. 54, No. 28, July 13, 2024
Regarding the requirements incorporated by reference,
						  the substitution of terms in §
												260a.3 (relating to terminology
						  and citations related to Federal regulations) does not apply to the
						  incorporation by reference of
						  40 CFR
						  264.71 (relating to use of manifest
						  system).
The provisions of this §
														264a.71 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.75 - Biennial report

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  the owner or operator must submit to the Department its biennial report on EPA
						  Form 8700-13B, as modified by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.78 - Hazardous waste management fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a hazardous
						waste management facility shall remit to the Department a hazardous waste
						management fee based on the total number of tons, or portion thereof, treated,
						stored or disposed at that facility.
(b) A hazardous waste management fee will not
						be assessed for:
(1) Storage or treatment of
						hazardous waste at the site at which it was generated.
(2) Storage or treatment at a captive
						facility.
(3) Storage of hazardous
						waste prior to recycling at a commercial recycling facility which meets the
						requirements of this article.
(4)
						Hazardous waste derived from the cleanup of a site under the Hazardous Sites
						Cleanup Act, the Federal Superfund Act, Title II of the Solid Waste Disposal
						Act (42 U.S.C.A.
						§§
														6901-6987) or the
						act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.79 - Documentation of hazardous waste management fee submission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a hazardous
						waste management facility required to submit hazardous waste management fees
						under §
												264a.78 (relating to hazard ous
						waste management fee) shall submit specific information to the Department to
						document that the amount of fees submitted under §
												264a.78 is accurate. This
						information shall be submitted on forms provided or approved by the Department
						and completed in conformance with instructions provided.
(1) The owner or operator of a commercial
						facility, including onsite facilities which accept hazardous waste generated
						offsite, shall submit Forms ER-WM-55D, ER-WM-55E and ER-WM-55F, or successor
						documents. If no hazardous waste management activities subject to the fees have
						occurred during a quarter, documentation to that effect shall be submitted only
						on Form ER-WM-55D.
(2) The owner or
						operator of an offsite captive disposal facility shall submit Forms ER-WM-55I,
						ER-WM-55L, ER-WM-55M and ER-WM-55N, or successor documents. If no hazardous
						waste management activities subject to the fees have occurred during a quarter,
						documentation to that effect shall be submitted only on Form
						ER-WM-55I.
(3) The owner or
						operator of an onsite captive disposal facility which does not accept wastes
						generated offsite shall submit Forms ER-WM-55I, ER-WM-55J and ER-WM-55K, or
						successor documents. If no hazardous waste management activities subject to the
						fees have occurred during a quarter, documentation to that effect shall be
						submitted only on Form ER-WM-55I.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.80 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.81 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.82 - Administration fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
						or operator of a hazardous waste management facility shall annually pay an
						administration fee to the Department according to the following schedule:
(1) Land disposal
						facilities-$2,500.
(2) Surface
						impoundments-$2,500.
(3) Commercial
						treatment-$2,000.
(4) Captive
						treatment-$700.
(5)
						Storage-$550.
(6)
						Incinerators-$1,300.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 264a.83 - Administration fees during closure

Current through Register Vol. 54, No. 28, July 13, 2024
A nonrefundable administration fee in the form of a
						  check payable to the "Commonwealth of Pennsylvania" shall be forwarded to the
						  Department within 30 days after receiving the final volumes of waste, and on or
						  before January 20th of each succeeding year until the requirements of §
												264a.115 (relating to
						  certification of closure) are met. The fee shall be:
(1) Land disposal facilities-$100.
(2) Impoundments-$100.
(3) All other facilities-$50.
The provisions of this §
														264a.83 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
This section cited in 25 Pa. Code §
														261a.6 (relating to requirements
							 for recyclable materials); and 25 Pa. Code §
														270a.201 (relating to
							 incorporation by reference, scope and
							 applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 264a.97 - General groundwater monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) The owner or operator
						shall keep records of analyses and evaluations of groundwater quality and
						surface elevations, which shall be conducted quarterly, and flow rate and
						direction determinations, which shall be conducted annually. These evaluations
						and determinations shall be conducted as required under 40 CFR Part 264 ,
						Subpart F (relating to releases from solid waste management units).
(2) The owner or operator shall report the
						following information in writing to the Department:
(i) During the first year when initial
						background concentrations are being established for the facility:
						concentrations or values of the parameters listed in
						40 CFR
						264.98(a) (relating to
						detection monitoring program) for an upgradient groundwater monitoring well
						within 15 days after completing a quarterly analysis and no later than 30 days
						after the end of a quarter.
(ii)
						Quarterly after the first year: concentrations or values of the parameters in
						40 CFR
						264.98(a) and required under
						40 CFR
						264.97(g) (relating to
						detection monitoring program), for each groundwater monitoring well, along with
						the required evaluations for these parameters under
						40 CFR
						264.97(h), within 15 days
						after completing a quarterly analysis and no later than 30 days after the end
						of a quarter.
(iii) Annually:
						concentrations or values of those parameters for each well which are specified
						by the facility's permit within 15 days of completing the annual
						analysis.
(iv) Annually: those
						determinations for the groundwater flow rate and direction specified in
						40 CFR
						264.99(e) (relating to
						compliance monitoring).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 264a.101 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POSTCLOSURE › Section 264a.115 - Certification of closure

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall satisfy §
												264a.166 (relating to closure and
						  postclosure certification) instead of the reference to
						  40 CFR
						  264.143(i) (relating to
						  financial assurance for closure).
This section cited in 25 Pa. Code §
														264a.83 (relating to
							 administration fees during closure); and 25 Pa. Code §
														265a.83 (relating to
							 administration fees during closure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POSTCLOSURE › Section 264a.120 - Certification of completion of postclosure care

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall satisfy §
												264a.166 (relating to closure and
						  postclosure certification) instead of the reference to
						  40 CFR
						  264.145(i) (relating to
						  financial assurance for postclosure care).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.141 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the terms defined in
						  40 CFR
						  264.141 (relating to definitions of terms as
						  used in this subpart), which are incorporated by reference, the definitions in
						  section 103 of the act (35 P. S. §
													6018.103) and Chapter 260a (relating to
						  hazardous waste management system: general) apply to this subchapter. The
						  following words and terms, when used in this subchapter, have the following
						  meanings, unless the context clearly indicates otherwise:
Applicant
-An owner or operator of a
						  hazardous waste treatment, storage or disposal facility which is attempting to
						  demonstrate the capability to self-insure all or part of its liabilities to
						  third persons for personal injury and property damage from sudden or nonsudden
						  pollution occurrences, or both.
Collateral bond
-A penal bond agreement
						  in a sum certain, payable to the Department, executed by the facility owner or
						  operator and is supported by the deposit with the Department of cash,
						  negotiable bonds of the United States, the Commonwealth, the Turnpike
						  Commission, the General State Authority, the State Public School Building
						  Authority, or a Commonwealth municipality, Pennsylvania Bank Certificates of
						  Deposit, or irrevocable letters of credit of a bank organized or authorized to
						  transact business in the United States.
Final closure
-Successful completion of
						  requirements for closure and postclosure care as required by 40 CFR Part 264 ,
						  Subpart G (relating to closure and postclosure).
Financial institutions
-Banks and other
						  similar establishments organized or authorized to transact business in this
						  Commonwealth or the United States, and insurance companies or associations
						  licensed and authorized to transact business in this Commonwealth or designated
						  by the Insurance Commissioner as an eligible surplus lines insurer.
Surety bond
-A penal bond agreement in
						  a sum certain, payable to the Department, executed by the facility owner or
						  operator, and is supported by the guarantee of payment on the bond by a
						  corporation licensed to do business as a surety in this Commonwealth.
Surety company
-A corporation licensed
						  to do business as a surety in this Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.143 - Financial assurance for closure

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.143 (relating to financial assurance
						  for closure) is not incorporated by reference except for
						  40 CFR
						  264.143(f) as referenced in
						  §
												264a.156 (relating to special
						  terms and conditions for collateral bonds and bonds pledging financial test or
						  corporate guarantee for closure).
The provisions of this §
														264a.143 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
This section cited in 25 Pa. Code §
														265a.156 (relating to special
							 terms and conditions for collateral bonds and bonds pledging corporate
							 guarantee for closure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.145 - Financial assurance for postclosure care

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.145 (relating to financial assurance
						  for post-closure care) is not incorporated by reference; except for
						  40 CFR
						  264.145(f) as referenced in
						  §
												264a.156 (relating to special
						  terms and conditions for collateral bonds and bonds pledging financial test or
						  corporate guarantee for closure).
The provisions of this §
														264a.145 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.147 - Liability requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The substitition of terms as specified in §
												260a.3(a)(5)
						  (relating to terminology and citations related to Federal regulations) does not
						  apply to 40 CFR
						  264.147(g)(2) and (i)(4)
						  (relating to liability requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.148 - Incapacity of owners or operators, guarantors or financial institutions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, an owner or operator or guarantor of a corporate guarantee shall
						  also notify the Department by certified mail in accordance with the provisions
						  applicable to notifying the Regional Administrator of the
						  EPA.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.149 - Use of state-required mechanisms

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.149 (relating to use of
						  state-required mechanisms) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.150 - State assumption of responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.150 (relating to state assumption of
						  responsibility) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.151 - Wording of instruments

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 264.151 (relating to wording of the
						  instruments) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.153 - Requirement to file a bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Hazardous waste storage, treatment and disposal facilities permitted under the
						act, or being treated as having a permit under the act, shall file a bond in
						accordance with this subchapter and in the amount determined by §
												264a.160 (relating to bond amount
						determination), payable to the Department.
(b) The Department will not issue a new,
						revised, amended, modified or renewed permit for the storage, treatment or
						disposal of hazardous waste unless the applicant files with the Department a
						bond under this subchapter, payable to the Department, on a form prepared and
						provided by the Department, and the bond is approved by the
						Department.
(c) An applicant for a
						new, revised, amended, modified or renewed permit may not disturb surface
						acreage, start construction of facilities for the storage, treatment or
						disposal of hazardous waste, or accept hazardous waste prior to receipt from
						the Department of approval of bond and issuance of a permit to conduct a
						hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or
						disposal facility permitted or treated as having a permit, shall cease
						accepting hazardous waste unless the owner or operator submits a bond under
						this subchapter. The Department will review and determine whether or not to
						approve the bond within 1 year of the submittal. If, on review, the Department
						determines the owner or operator submitted an insufficient bond amount, the
						Department will require the owner or operator to deposit additional bond
						amounts under §
												264a.162 (relating to bond amount
						adjustments).
The provisions of this §
														264a.153 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.154 - Form, terms and conditions of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department accepts the following
						types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A bond pledging a financial test or
						corporate guarantee.
(4) A phased
						deposit collateral bond as provided in §
													264a.157 (relating to phased
						deposits of collateral).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.155 - Special terms and conditions for surety bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department does not accept the bond
						of a surety company that failed or unduly delayed in making payment on a
						forfeited surety bond.
(b) The
						Department accepts only the bond of a surety authorized to do business in this
						Commonwealth and which is listed in Circular 570 of the United States
						Department of Treasury.
(c) The
						surety may cancel the bond by sending written notice of cancellation by
						certified mail to the owner or operator and the Department. Cancellation may
						not take effect until 120 days after receipt of the notice of cancellation by
						the principal and the Department, as evidenced by the return receipts. Within
						60 days of receipt of the notice of cancellation, the owner or operator shall
						provide the Department with a replacement bond under §
												264a.158 (relating to replacement
						of bond). Failure of the owner or operator to provide a replacement bond within
						the 60-day period constitutes grounds for forfeiture of the existing bond under
						§
												264a.168 (relating to bond
						forfeiture).
(d) The Department
						does not accept surety bonds from a surety company for a owner or operator, on
						all facilities owned or operated by the owner or operator, in excess of the
						company's single risk limit as provided by The Insurance Company Law of 1921
						(40
						P. S. §§
													341-991), unless the
						surety has complied with the provisions of The Insurance Company Act of 1921
						(40
						P. S. §§
													1-297.4) for accepting
						risk above its single risk limit.
(e) The bond shall provide that full payment
						will be made on the bond within 30 days of receipt of a notice of forfeiture by
						the surety, notwithstanding judicial or administrative appeal of the
						forfeiture, and that the amount is confessed to judgment upon
						forfeiture.
(f) The bond shall
						provide that the surety and the owner or operator are joint and severally
						liable for payment of the bond amount.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.156 - Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department obtains possession and keeps custody of collateral deposited by the
						owner or operator until authorized for release or replacement as provided in
						this subchapter.
(b) The Department
						values governmental securities for both current market value and face value.
						For the purpose of establishing the value of the securities for bond deposit,
						the Department uses the lesser of current market value or face value.
						Government securities shall be rated at least BBB by Standard and Poor's or Baa
						by Moody's.
(c) Collateral bonds
						pledging Pennsylvania bank certificates of deposit are subject to the following
						conditions:
(1) The Department requires that
						certificates of deposit are assigned to the Department, in writing, and the
						assignment recorded upon the books of the issuing institution.
(2) The Department may accept an individual
						certificate of deposit for the maximum insurable amount as determined by the
						Federal Deposit Insurance Corporation (FDIC) and which is otherwise secured
						under Pennsylvania law.
(3) The
						Department requires the issuing institution to waive all rights of setoff or
						liens it has or might have against the certificates.
(4) The Department only accepts
						automatically-renewable certificates of deposit.
(5) The Department requires that the
						certificates of deposit be assigned to the Department to assure that the
						Department can liquidate the certificates prior to maturity, upon forfeiture,
						for the amount of the bond determined under this subchapter.
(6) The Department only accepts certificates
						of deposit from banks or banking institutions licensed, chartered or otherwise
						authorized to do business in the United States.
(7) The Department does not accept
						certificates of deposit from banks that failed or delayed in making payment on
						defaulted certificates of deposit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.157 - Phased deposits of collateral

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An owner or operator may post a
						collateral bond in phased deposits for a new hazardous waste storage, treatment
						or disposal facility that will be continuously operated or used for at least 10
						years from the date of issuance of the permit or permit amendment, according to
						all of the following requirements:
(1) The
						owner or operator submits a collateral bond form to the Department.
(2) The owner or operator deposits $10,000 or
						25%, whichever is greater, of the total amount of bond determined in this
						chapter in approved collateral with the Department.
(3) The owner or operator submits a schedule
						agreeing to deposit 10% of the remaining amount of bond, in approved collateral
						in each of the next 10 years.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.158 - Replacement of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may allow an owner or operator to replace existing surety or
						collateral bonds with other surety or collateral bonds if the liability accrued
						against the owner or operator of the hazardous waste storage, treatment or
						disposal facility is transferred to the replacement bonds. The bond amount for
						the replacement bond is determined under this chapter, but in no case may it be
						less than the amount on deposit with the Department.
(b) The Department will not release existing
						bonds until the owner or operator submits and the Department approves
						acceptable replacement bonds. A replacement of bonds under this section may not
						constitute a release of bond under this subchapter.
(c) Within 60 days of approval of acceptable
						replacement bonds, the Department will take appropriate action to initiate the
						release of existing surety or collateral bonds being replaced by the owner or
						operator.
This section cited in 25 Pa. Code §
														264a.155 (relating to special
							 terms and conditions for surety).