reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.302 - Number, location and depth of monitoring points

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The water quality monitoring system shall
						accurately characterize groundwater and surface water flow, groundwater and
						surface water chemistry and flow systems on the site and adjacent area. The
						system must consist of the following:
(1) At
						least one monitoring point at a position hydraulically upgradient from the coal
						ash placement area in the direction of increasing static head that is capable
						of providing representative data of groundwater not affected by placement of
						coal ash, except when the coal ash placement area occupies the most upgradient
						position in the flow system. In that case, sufficient downgradient monitoring
						points shall be placed to determine the extent of adverse effects on
						groundwater from the coal ash placement.
(2) At least three groundwater monitoring
						points hydraulically downgradient in the direction of decreasing static head
						from the area in which coal ash has been or will be placed. The Department at
						its discretion may accept two downgradient monitoring points on small sites
						that can be well represented by two points. The Department may allow one or
						more springs, seeps and mine discharges to substitute for wells if these points
						are hydraulically downgradient from the area in which coal ash has been or will
						be placed and if these points will be as effective or more effective at
						monitoring the coal ash placement area than wells. Downgradient monitoring
						points must be hydrologically connected to the area of coal ash placement, and
						must be located and constructed so as to detect any chemical influence of the
						coal ash placement area. The downgradient points must be proximate enough to
						detect contaminants within the life of the placement operation. All monitoring
						points must be developed and protected in a manner approved by the
						Department.
(3) Surface water
						monitoring points where surface water monitoring is likely to show any chemical
						influence that the coal ash placement area may have on the hydrologic
						regime.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.303 - Standards for wells and casing of wells

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A monitoring well shall be cased as
						follows:
(1) The casing must maintain the
						integrity of the monitoring well borehole and be constructed of material that
						will not react with the groundwater being monitored.
(2) The minimum casing diameter must be 4
						inches unless otherwise approved by the Department in writing.
(3) The well must be constructed with a
						screen that meets the following requirements:
(i) The screen must be
						factory-made.
(ii) The screen may
						not react with the groundwater being monitored.
(iii) The screen must maximize open area to
						minimize entrance velocities and allow rapid sample recovery.
(4) The well must be filter-packed
						with chemically inert clean quartz sand, silica or glass beads, unless
						otherwise approved by the Department. The material must be well-rounded and
						dimensionally stable.
(5) The
						casing must extend at least 1 foot aboveground, unless the Department has
						approved flush mount wells.
(6) The
						annular space above the sampling depth must be sealed to prevent contamination
						of samples and the groundwater.
(7)
						The casing must be designed and constructed to prevent cross contamination
						between surface water and groundwater.
(8) Alternative casing designs for wells in
						stable formations may be approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.304 - Assessment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						shall prepare and submit to the Department an assessment plan within 60 days
						after one of the following occurs:
(1) Data
						obtained from water quality monitoring by the Department or the person
						indicates statistically significant degradation. Statistical evaluation of
						water quality monitoring data shall be made using one or more of the methods in
						40 CFR
						258.53(g) and (h) (relating
						to ground-water sampling and analysis requirements).
(2) Laboratory analysis of one or more public
						or private water supplies indicates groundwater or surface water contamination
						is occurring that could reasonably be attributed to the coal ash
						placement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.305 - Abatement plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person
						that is required to conduct water quality monitoring as part of coal ash
						beneficial use or storage shall prepare and submit to the Department an
						abatement plan whenever one of the following occurs:
(1) The assessment plan prepared and
						implemented under §
													290.304 (relating to assessment
						plan) shows the presence of groundwater or surface water degradation for one or
						more contaminants at one or more monitoring points and the analysis indicates
						that an abatement standard will not be met at the compliance points.
(2) Monitoring by the Department or person
						shows the presence of an abatement standard exceedance from one or more
						compliance points even if an assessment plan has not been completed. The person
						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, the person resamples the affected monitoring
						points.
(ii) Analysis from
						resampling shows to the Department's satisfaction that an exceedance of an
						abatement standard has not occurred.
(3) A biological assessment of surface water
						implemented under §
													290.304(c)(4)
						shows a detrimental effect on biota is occurring.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.306 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
A person subject to the requirements of this subchapter
						  shall retain records of analyses and evaluations of monitoring data and
						  groundwater elevations required under this subchapter for a minimum of 3 years
						  after water quality monitoring ceases and make the records available to the
						  Department upon request.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter D - WATER QUALITY MONITORING › Section 290.307 - Interim water quality monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
This section applies to sites where coal ash has been
						  stored or placed for beneficial use prior to December 11, 2010, and continues
						  to be stored or placed for beneficial use following December 11, 2010.
(1) For sites not previously subject to water
						quality monitoring requirements:
(i) A water
						quality monitoring plan meeting the requirements of §
													290.301(b)(1) and
						(3) (relating to water quality monitoring)
						shall be submitted to the Department by December 12, 2011.
(ii) The water quality monitoring plan shall
						be implemented within 1 year of the Department's approval of the
						plan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.401 - Design and operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person storing coal ash shall employ best engineering design and construction
						practices for all phases of construction and operation.
(b) A person may not store coal ash in a
						manner that exceeds the design capacity of the storage facility.
(c) The Department may require a person to
						install a water quality monitoring system in accordance with Subchapter D
						(relating to water quality monitoring) if storage of the coal ash has the
						potential to cause groundwater degradation.
(d) A person storing coal ash shall routinely
						inspect the facility, its equipment and the surrounding area for evidence of
						failure and shall immediately take necessary corrective actions. The person
						shall maintain records of inspections and corrective actions that were taken
						for a minimum of 3 years, and make the records available to the Department upon
						request.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.402 - Duration of storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal ash
						may not be stored as follows:
(1) For more
						than 1 year unless a minimum of 75% of the volume of the coal ash being stored
						is used or processed for beneficial use in the previous calendar year
						commencing on January 1st.
(2) For
						more than 90 days unless it is stored on an impermeable floor or pad and either
						in an enclosed facility or in an area where runoff is collected and treated.
						The Department may waive or modify, in writing, this requirement if there is no
						runoff from the storage.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.403 - Surface and groundwater protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water runoff from storage areas
						shall be minimized. Stormwater shall be managed in accordance with The Clean
						Streams Law (35 P. S. §§
													691.1-691.1001) and the regulations
						promulgated thereunder.
(b) Surface
						water run-on to storage areas shall be minimized.
(c) Coal ash may not be stored in a manner
						that causes groundwater or surface water degradation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.404 - Areas where coal ash storage is prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal ash storage areas, other than areas
						where the coal ash is totally enclosed and stored on an impermeable floor,
						temporary coal ash storage piles or storage impoundments, may not be operated
						as follows, unless otherwise authorized by the Department in writing:
(1) Within 100 feet of an intermittent or
						perennial stream, other than exceptional value or high quality waters as
						defined in §
													93.1 (relating to
						definitions).
(2) Within 300 feet
						of exceptional value or high quality waters as defined in §
						93.1.
(3) Within 300 feet of a
						groundwater water source.
(4)
						Within 1,000 feet upgradient of a surface drinking water source.
(5) Within 25 feet of a bedrock outcrop,
						unless the outcrop is properly treated to minimize infiltration into fractured
						zones.
(6) Within 100 feet of a
						sinkhole or area draining into a sinkhole.
(7) Within 100 feet of a wetland, other than
						an exceptional value wetland.
(8)
						In or within 300 feet of an exceptional value wetland.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.405 - Storage piles-general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person storing coal ash in piles shall
						minimize the dispersal of coal ash by wind or water erosion.
(b) The coal ash being stored shall be
						separated from the water table by at least 4 feet without the use of a
						groundwater pumping system. The Department may waive, in writing, this
						requirement.
(c) A person storing
						coal ash in a pile, other than a temporary coal ash storage pile, shall design,
						install and maintain berms around the storage area and other structures or
						facilities to collect and, when necessary, treat runoff or leachate, or both,
						from the storage area. The Department may waive, in writing, the berm
						requirement when other collection methods are in place.
(d) For storage piles without a liner system
						or storage pad, the Department may require the person to install and implement
						water quality monitoring in accordance with Subchapter D (relating to water
						quality monitoring) where site conditions warrant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.406 - Storage piles-storage pad or liner system

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person that installs a storage pad or
						liner system to prevent groundwater degradation shall meet the requirements of
						this section. This section does not preclude a person from using other means to
						prevent groundwater degradation, such as enclosure in a building.
(b) The storage pad or liner system must meet
						the following requirements:
(1) Prevent the
						migration of leachate through the storage pad or liner system.
(2) May not be adversely affected by the
						physical or chemical characteristics of coal ash, coal ash constituents or
						leachate from the coal ash storage piles.
(3) Be designed, constructed and maintained
						to protect the integrity of the pad or liner during the storage of coal
						ash.
(4) Be designed to collect
						leachate and runoff.
(5) Be
						constructed of nonsolid waste and noncoal ash material.
(6) Be no less permeable than 1 x
						10-7 cm/sec., as demonstrated by field and
						laboratory testing.
(7) Be
						inspected for uniformity, damage and imperfections during construction and
						installation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.407 - Storage piles-leachate and runoff control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person that installs a storage pad or
						liner system shall collect leachate and runoff from the coal ash pile and
						divert it into a leachate storage or treatment system.
(b) A leachate storage system must consist of
						a collection tank or surface impoundment. The tank or impoundment must be:
(1) Sized for the anticipated leachate and
						runoff flow, including a 30-day reserve capacity.
(2) Chemically compatible with the
						leachate.
(3) Of sufficient
						strength to withstand expected loads.
(4) Equipped with cleanouts, if
						necessary.
(5) Sealed to prevent
						the loss of leachate and runoff.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.408 - Storage impoundments-scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section and §§
												290.409-290.415 apply to persons that
						store coal ash in surface impoundments prior to beneficial use.
(b) This section and §§
												290.409-290.415 do not apply to the
						storage impoundments that are designed for the express purpose of storing
						stormwater runoff and that store runoff composed entirely of stormwater.
						Impoundments that store stormwater runoff must comply with the applicable
						requirements of The Clean Streams Law (35 P. S. §§
													691.1-691.1001), section 13 of the Stormwater
						Management Act (32 P. S. §
													680.13) and
						Chapters 92a, 102 and 105 (relating to national pollutant discharge elimination
						system permitting, monitoring and compliance; erosion and sediment control; and
						dam safety and waterway management).
(c) For purposes of this section,
						"stormwater" means drainage runoff from the surface of the land resulting from
						precipitation or snow or ice melt.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.409 - Storage impoundments-general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person that operates a storage impoundment to hold
						  coal ash shall meet the following conditions:
(1) Hold a valid permit from the Department
						for the storage under sections 308 and 402 and other applicable provisions of
						The Clean Streams Law (35 P. S. §§
													691.1-691.1001), Chapter 91 (relating to
						general provisions) and other applicable regulations promulgated thereunder,
						and shall comply with the permit.
(2) Comply with Chapter 105 (relating to dam
						safety and waterway management).
This section cited in 25 Pa. Code §
														290.408 (relating to storage
							 impoundments-scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.410 - Storage impoundments-design requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Impoundments used to store coal ash must meet the
						  following minimum design criteria:
(1)
						The liner system for a coal ash storage impoundment must include the following
						elements:
(i) The subbase, which is the
						prepared layer of soil or earthen material upon which the remainder of the
						liner system is constructed.
(ii)
						The leachate detection zone, which is a prepared layer placed on top of the
						subbase and upon which the liner is placed, and in which a leachate detection
						system is located.
(iii) The
						composite liner, which is a continuous layer of synthetic material over earthen
						material, placed on the leachate detection zone. The upper component is no more
						permeable than 1.0 x 10-7 cm/sec. based on
						laboratory testing. The composite component is no more permeable than 1.0 x
						10-6 cm/sec., based on laboratory testing and field
						testing.
(iv) The protective cover
						and leachate collection zone, which is a prepared layer placed over the liner
						in which a leachate collection system is located.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.411 - Storage impoundments-operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least 8 feet shall be maintained
						between the bottom of the subbase of the liner system and the top of the
						confining layer or the shallowest level below the bottom of the subbase where
						groundwater occurs as a result of upward leakage from natural or other
						preexisting causes. The integrity of the confining layer may not be compromised
						by excavation.
(b) The edge of the
						liner shall be clearly marked.
(c)
						A fence or other suitable barrier shall be maintained around the coal ash
						storage area, including impoundments, leachate collection and treatment systems
						sufficient to prevent unauthorized access, unless the Department approves, in
						the permit, an alternative means of protecting access to the area that afford
						an equivalent degree of protection.
(d) The person 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 must include the
						following:
(1) Ensuring that operation of the
						coal ash storage impoundment will not cause or contribute to an exceedance of
						an ambient air quality standard under §
													131.3 (relating to ambient air
						quality standards).
(2) Minimizing
						the generation of fugitive dust emissions from the coal ash storage
						impoundment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.412 - Storage impoundments-failure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a coal ash storage impoundment fails,
						the person storing coal ash shall immediately:
(1) Stop adding coal ash to the
						impoundment.
(2) Contain any
						discharge that has occurred or is occurring.
(3) Empty the impoundment in a manner
						approved by the Department, if leaks cannot be stopped.
(4) Notify the Department of the failure of
						the impoundment and the measures taken to remedy the failure.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.413 - Storage impoundments-inspections

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will inspect storage impoundments in
						  accordance with the Dam Safety and Encroachments Act (32 P. S.
						  §§
													693.1-693.27).
This section cited in 25 Pa. Code §
														290.408 (relating to storage
							 impoundments-scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.414 - Storage areas-closure

Current through Register Vol. 54, No. 28, July 13, 2024
Upon cessation of coal ash storage, the person storing
						  coal ash shall remove coal ash and materials containing coal ash, and provide
						  for the beneficial use or disposal of the coal ash and materials under the act
						  and the regulations promulgated thereunder. The person shall also regrade and
						  revegetate the site as required by the Department.
This section cited in 25 Pa. Code §
														290.408 (relating to storage
							 impoundments-scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 290 - BENEFICIAL USE OF COAL ASH › Subchapter E - COAL ASH STORAGE › Section 290.415 - Interim requirements for sites where coal ash has been stored

Current through Register Vol. 54, No. 28, July 13, 2024
For storage sites previously subject to rescinded
						  §
												299.153, which pertained to
						  storage and containment of coal ash, the requirements of this subchapter must
						  be met by December 12, 2011, unless the person storing the coal ash
						  demonstrates to the Department's satisfaction through water quality monitoring
						  data that the existing storage is protective of public health, safety and the
						  environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter A - GENERAL › Section 291.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth application and operating
						  requirements for residual waste by land application. The requirements of this
						  chapter are in addition to the applicable requirements of Chapter 287 (relating
						  to residual waste management-general provisions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.101 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.102 - Operating plan

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.103 - Maps and related information

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.104 - Soils description

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.105 - Groundwater information

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.106 - Surface water information

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
This section cited in 25 Pa. Code §
														291.103 (relating to maps and
							 related information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter B - GENERAL APPLICATION REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › Section 291.107 - Nuisance control plan

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.201 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality may not own or operate a land application facility for
						  residual waste unless the Department has issued a permit to that person or
						  municipality under this chapter.
(b) A person or municipality that owns or
						  operates a land application facility for residual waste shall comply with the
						  following:
(1) The act, this subchapter and
						  the additional operating requirements for the specific type of operation that
						  are in Subchapter D or E (relating to additional requirements for the
						  agricultural utilization of residual waste; and additional requirements for
						  land reclamation).
(2) The plans
						  and specifications in the permit, the terms and conditions of the permit, the
						  environmental protection acts, this title and orders issued by the
						  Department.
(3) The Department
						  guidelines for land application.
(4) If a component of the residual waste
						  contains human waste, the pathogen and vector attraction reduction requirements
						  in Chapter 271, Subchapter J (relating to beneficial use) shall be met in
						  addition to the operating requirements of this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.202 - Areas where the land application of residual waste is prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
						  areas permitted by the Department prior to the effective date of these
						  regulations, the land application of residual waste may not be conducted as
						  follows:
(1) Within 100 feet of an
						  intermittent or perennial stream.
(2) Within 300 feet of a water source unless
						  the current owner of this water source has provided a written waiver consenting
						  to the activities closer than 300 feet. This paragraph does not apply to
						  features that may come into existence after the dates upon which adjacent
						  landowner notification is given under §
														287.151(b)
						  (relating to public notice by applicant).
(3) Within 100 feet of a sinkhole.
(4) In or within 100 feet of an exceptional
						  value wetland.
(5) Within 300 feet
						  measured horizontally from an occupied dwelling, unless the owner thereof has
						  provided a written waiver consenting to the activities closer than 300 feet.
						  The waiver shall be knowingly made and separate from a lease or deed unless the
						  lease or deed contains an explicit waiver from the owner.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.203 - Limitations on land application of residual waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Residual waste may not be applied to land
						  where the regional groundwater table is less than 3.3 feet from the
						  surface.
(b) Residual waste may not
						  be disposed or applied so as to adversely affect the soil or food chain, cause
						  odors or allow vectors.
(c) Prior
						  to land application, residual waste shall be treated or stabilized if it has
						  potential to cause odors or other adverse environmental effects.
(d) Unless otherwise approved by the
						  Department in writing, residual waste may not be applied to land where root
						  vegetables or vegetables which are eaten raw are grown or will be
						  grown.
(e) Residual waste shall be
						  applied to the soil surface or incorporated in a manner that prevents ponding
						  or standing accumulations of liquid or residual waste.
(f) A person or municipality may not use
						  spray irrigation equipment to apply residual waste unless the person has
						  demonstrated to the Department in the permit application that the equipment
						  will not cause aerosol transport offsite, and the Department has approved the
						  equipment as part of the permit.
(g) Livestock may not be allowed to graze on
						  areas where the residual waste is visible on the vegetation or the surface of
						  the ground, unless otherwise approved by the Department in writing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.204 - Storage of residual waste

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality may not store residual waste
							 on the site unless the residual waste is:
(1) Stabilized or treated, if stabilization
						  or treatment is required by the Department.
(2) Stored as part of the operator's
						  permit.
(3) Stored in a manner that
						  is consistent with Chapter 299, Subchapter A (relating to standards for storage
						  of residual waste).
This section cited in 25 Pa. Code §
															291.221 (relating to daily
								operational records).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.205 - Erosion control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator shall manage surface water and control erosion and sedimentation to
						  meet the applicable requirements of Chapter 102 (relating to erosion and
						  sediment control).
(b) For land
						  reclamation, rills and gullies shall be filled, graded or otherwise stabilized
						  and the area reseeded or replanted when rills or gullies deeper than 9 inches
						  form in areas where residual waste has been applied or stored.
(c) For agricultural utilization, rills and
						  gullies shall be filled, graded or otherwise stabilized and, when necessary,
						  the area reseeded or replanted, when rills or gullies deeper than 3 inches form
						  in areas where residual waste has been applied or stored.
(d) Rills or gullies of lesser size shall be
						  stabilized and the area reseeded or replanted if the rills or gullies may
						  result in additional erosion, sedimentation or pollution.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.206 - Water quality protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator may not cause or allow a point or nonpoint source discharge in
						  violation of The Clean Stream Law from or on the facility to surface waters of
						  this Commonwealth.
(b) The facility
						  shall be operated to prevent and control water pollution. An operator shall
						  operate and maintain necessary water treatment facilities until water pollution
						  from or on the facility has been permanently abated.
(c) The operator may not cause or allow water
						  pollution within or outside of the site.
(d) If required by the Department, the
						  operator shall conduct surface water monitoring.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.207 - Water supply replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  operator 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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 291 - LAND APPLICATION OF RESIDUAL WASTE › Subchapter C - GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF RESIDUAL WASTE › GENERAL › Section 291.208 - Waste analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(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 and §
													291.201 (relating to general
						  provisions).
(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.