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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.122 - Form of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Applications for a permit under this chapter shall be submitted to the
						  Department in writing, on forms provided by the Department.
(b) Each application for a permit shall be
						  accompanied by information, maps, plans, specifications, designs, analyses,
						  test reports and other data as may be required by the Department to determine
						  compliance with this article.
(c)
						  Information in the application shall be current, presented clearly and
						  concisely and supported by appropriate references to technical and other
						  written material available to the Department.
(d) Each application for a permit shall be
						  prepared by, or under the supervision of, a Pennsylvania registered
						  professional engineer. The design section of the application shall bear the
						  seal of a Pennsylvania registered professional engineer. The soils, geology and
						  groundwater sections of a permit application shall be completed by experts in
						  the fields of soil science, soil engineering, geology and groundwater. The
						  geology and groundwater sections of a permit application also shall be
						  completed under the supervision of a registered professional geologist licensed
						  in this Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.123 - Right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						  application shall contain a description of the documents upon which the
						  applicant bases his legal right to enter and operate a residual waste
						  processing or disposal facility within the proposed permit area. The
						  application shall also state whether that right is the subject of pending
						  litigation.
(b) The application
						  shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the
						  applicant by the current landowner to operate a residual waste processing or
						  disposal facility.
(2) A copy of
						  the document of conveyance that expressly grants or reserves the applicant the
						  right to operate a residual waste processing or disposal facility and an
						  abstract of title relating the documents to the current landowner.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.124 - Identification of interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						  application for a residual waste processing or disposal permit shall contain
						  the following information on a form provided by the Department:
(1) The name, addresses and telephone numbers
						  of:
(i) The permit applicant.
(ii) Any contractor, including a contractor
						  for gas or energy recovery from the proposed operation, if the contractor is a
						  person other than the applicant.
(iii) Related parties to the applicant,
						  including their relationship to the applicant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.126 - Requirement for environmental assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), an
						  application for a residual waste disposal or processing permit shall include an
						  environmental assessment on a form prescribed by the Department.
(b) The following permit applications do not
						  require an environmental assessment unless the Department determines that the
						  facility may have a significant effect on the environment:
(1) Permit applications for agricultural
						  utilization of residual waste.
(2)
						  Permit applications for land reclamation facilities for residual
						  waste.
(3) Permit modification
						  applications that are not for major modifications under §
														287.154 (relating to public notice
						  and public hearings for permit modifications).
(4) Permitted mobile processing facilities
						  for which a permit modification is sought for a new processing site and for
						  which an environmental assessment has already been 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.128 - Verification of application

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for permits shall be verified by a
							 responsible official of the applicant with a statement that the information
							 contained in the application is true and correct to the best of the official's
							 information and belief, and attested by a notary public or district
							 justice.
This section cited in 25 Pa. Code §
															287.502 (relating to relationship
								to other requirements); and 25 Pa. Code §
															287.632 (relating to waiver of
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › WASTE ANALYSIS › Section 287.131 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sections
						  287.132-287.135 apply to residual waste
						  management facilities that apply to receive residual waste. Sections
						  287.132-287.134 do not apply to:
(1) Captive
						  transfer facilities, except as otherwise required in writing by the
						  Department.
(2) The disposal at
						  permitted Class I or Class II residual waste landfills of residual waste from a
						  person or municipality that generates a total quantity of 2,200 pounds or less
						  of residual waste per generating location in each month, if the applicant
						  demonstrates to the Department's satisfaction that the waste is not
						  hazardous.
(3) The disposal at
						  permitted Class I or Class II residual waste landfills of an individual type of
						  residual waste from a person or municipality that generates a total or 2,200
						  pounds or less of that type of residual waste per generating location in each
						  month, if 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › WASTE ANALYSIS › Section 287.132 - Chemical analysis of waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
(1) An application shall contain the
						  following information for each waste on a form provided by the Department:
(i) The name and location of the generator of
						  the waste.
(ii) A detailed analysis
						  that fully characterizes the physical properties and chemical composition of
						  the waste. This analysis shall include available information from material
						  safety data sheets or similar sources that may help characterize the physical
						  properties and chemical composition of the waste.
(iii) An evaluation of the ability of the
						  waste and the constituents in the waste to leach into the
						  environment.
(iv) A determination
						  of whether the waste is hazardous under Chapter 261a (relating to
						  identification and listing of hazardous waste) and 40 CFR Part 261 (relating to
						  identification and listing of hazardous waste) to the extent incorporated in
						  §
															261a.1 (relating to incorporation
						  by reference, purpose and scope).
(v) If the waste will be disposed of at a
						  residual waste landfill or residual waste disposal impoundment, a demonstration
						  that the waste meets the requirements for disposal at the facility without
						  adversely affecting the effectiveness of the liner or leachate treatment system
						  or attenuating soil at a Class III residual waste landfill.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › WASTE ANALYSIS › Section 287.133 - Source reduction strategy

Current through Register Vol. 54, No. 28, July 13, 2024
An application for the processing or disposal of
							 residual waste shall contain a copy of the source reduction strategy required
							 by §
													287.53 (relating to source
							 reduction strategy) for each residual waste to be received at the
							 facility.
This section cited in 25 Pa. Code § 287.131
								(relating to 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › WASTE ANALYSIS › Section 287.134 - Waste analysis plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  application shall include a waste analysis plan for each type of waste proposed
						  to be received at the permitted facility. The plan shall take into account the
						  waste analysis required by §
													287.132 (relating to chemical
						  analysis of waste). At a minimum, the plan shall include:
(1) The parameters for which each residual
						  waste will be analyzed and the rationale for the selection of these parameters.
						  For the land application of residual waste under Chapter 291 (relating to land
						  application of residual waste), the parameters shall include total nitrogen,
						  organic nitrogen and ammonium.
(2)
						  The test methods that will be used to test for these parameters. The test
						  methods shall be the same as those used under § 287.132.
(3) An explanation of the sampling methods
						  that will be used to obtain an accurate and representative sample of the waste
						  to be analyzed, including quality assurance and quality control
						  procedures.
(4) The frequency with
						  which the initial analysis of the waste will be reviewed or repeated to ensure
						  that the analysis is accurate and up-to-date. The rationale for the frequency
						  shall also be explained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › WASTE ANALYSIS › Section 287.135 - Transition period for radiation monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality possessing a permit for a
							 noncaptive residual waste disposal or processing facility which was issued by
							 the Department prior to January 13, 2001, shall file with the Department an
							 application for permit modification to bring the facility operation into
							 compliance with the following requirements for radioactive material monitoring
							 and detection that became effective on January 13, 2001, according to the
							 following schedule, unless the Department imposes in writing an earlier date,
							 in a specific situation for reasons of public health, safety or environmental
							 protection:
(1)
Noncaptive
						  residual waste landfill.
An application for a permit modification
						  addressing the requirements of §§
													288.133(a)(14)
						  and 288.139 (relating to map and grid
						  requirements and radiation protection action plan) shall be filed by January
						  13, 2002.
(2)
Noncaptive
						  residual waste disposal impoundment.
An application for a permit
						  modification addressing the requirements of §§
													289.133(a)(13)
						  and 289.138 (relating to map and grid
						  requirements and radiation protection action plan) shall be filed by January
						  13, 2002.
(3)
Noncaptive
						  residual waste transfer facility
. An application for a permit
						  modification addressing the requirements of §§
													293.103(a)(13)
						  and 293.111 (relating to maps and
						  related information and radiation protection action plan) shall be filed by
						  January 13, 2002.
(4)
Noncaptive residual waste composting facilities.
An
						  application for a permit modification addressing the requirements of
						  §§
													295.112(a)(20)
						  and 295.120 (relating to maps and
						  related information and radiation protection action plan) shall be filed by
						  January 13, 2002.
(5)
Noncaptive residual waste incinerator or other processing
						  facilities.
An application for a permit modification addressing the
						  requirements of §§
													297.103(a)(20)
						  and 297.113 (relating to maps and
						  related information and radiation protection action plan) shall be filed by
						  January 13, 2002.
This section cited in 25 Pa. Code § 287.131
								(relating to 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › FEES › Section 287.141 - Permit application fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Each application for a new permit and each application for permit modification
						  under §
													287.115 (relating to filing by
						  permitted facilities) shall be accompanied by a nonrefundable fee in the form
						  of a check payable to the "Commonwealth of Pennsylvania" for the following
						  amount:
(1) Twenty-five thousand nine hundred
						  dollars for residual waste landfills.
(2) Eight thousand five hundred dollars for
						  residual waste disposal impoundments.
(3) Five thousand one hundred dollars for the
						  agricultural utilization of residual waste.
(4) Five thousand one hundred dollars for the
						  utilization of residual waste for land reclamation.
(5) Five thousand two hundred dollars for
						  residual waste transfer facilities.
(6) For residual waste processing facilities
						  other than transfer facilities:
(i) Eight
						  thousand three hundred dollars for noncaptive residual waste
						  incinerators.
(ii) Two thousand two
						  hundred dollars for captive residual waste incinerators.
(iii) Five thousand two hundred dollars for
						  other residual waste processing facilities.
(7) Eight thousand five hundred dollars for
						  demonstration facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 287.151 - Public notice by applicant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  applicant for a new permit, major permit modification, permit renewal, permit
						  reissuance and a person or municipality submitting a closure plan shall publish
						  once a week for 3 consecutive weeks a notice in a newspaper of general
						  circulation in the area where the facility or proposed facility is located. The
						  notice shall meet the following requirements:
(1) The notice shall include a brief
						  description of the location and proposed operation or closure of the facility,
						  and shall indicate where copies of the application or closure plan will be
						  filed. If groundwater degradation exists at closure or occurs after closure,
						  the notice shall include a list of contaminants, abatement measures taken prior
						  to closure, if applicable, proposed remediation measures and proposed
						  remediation standards to be met. If the permittee proposes to utilize the
						  site-specific standard, the notice shall include a 30-day public and municipal
						  comment period during which the municipality can request to be involved in the
						  development of the remediation and reuse plans for the site.
(2) The notice shall state that the host
						  municipality and county may submit comments to the Department within 60 days of
						  receipt of the application or closure plan, recommending conditions upon,
						  revisions to and approval or disapproval of the permit or closure plan, with
						  the specific reason described in the comments.
(3) The notice shall state that the
						  Department will accept comments from the public on the permit application or
						  closure plan and shall state the procedure for submission of
						  comments.
(4) The notice shall
						  state if the applicant proposes a design alternative under §
														287.231 (relating to equivalency
						  review procedure) and shall briefly describe the alternative design.
(5) If the application is for a new residual
						  waste landfill, residual waste disposal impoundments, transfer facility or
						  incinerator or for a major modification of a residual waste landfill or
						  residual waste disposal impoundment permit, the notice shall be in the form of
						  a display advertisement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 287.152 - Public notice by Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will publish a notice in the
Pennsylvania
						  Bulletin
of the following:
(1)
						  Receipt of an application for a new permit, permit reissuance, permit renewal
						  or major permit modification. For new or expanded residual waste landfills or
						  residual waste disposal impoundments for which the Phase I and Phase II
						  applications are submitted separately, this notice shall be provided only for
						  the Phase I application.
(2)
						  Receipt of a closure plan and if groundwater degradation exists at closure or
						  occurs after closure, the notice shall include a list of contaminants,
						  abatement measures taken prior to closure, if applicable, proposed remediation
						  measures and proposed remediation standards to be met. If the permittee
						  proposes to utilize the site-specific standard, the notice shall include a
						  30-day public and municipal comment period during which the municipality can
						  request to be involved in the development of the remediation and reuse plans
						  for the site.
(3) Issuance or
						  denial of an application for a new permit, permit reissuance, permit renewal or
						  major permit modification.
(4)
						  Justification for overriding county or host municipality recommendations
						  regarding an application for a new permit, permit reissuance, permit renewal or
						  major permit modification under section 504 of the act (35 P. S. §
															6018.504).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 287.153 - Public comments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department may conduct one or more public hearings for the purpose of receiving
						  information on an application for a new permit, permit reissuance, permit
						  renewal or major permit modification, or a closure plan, whenever there is a
						  significant public interest or the Department otherwise deems a hearing to be
						  appropriate. At least 30 days prior to conducting a hearing, the Department
						  will publish notice of the hearing in a newspaper of general circulation in the
						  proposed permit area.
(b) When a
						  public hearing is held, a person may testify within the time provided or submit
						  written comments, or both. The Department will consider testimony relevant to
						  the requirements of the act, the environmental protection acts and this
						  title.
(c) After a hearing, the
						  Department will prepare a summary of the written and oral comments submitted at
						  the hearing, the Department's responses to the comments and the reasons
						  therefor. The Department will provide copies of this summary to persons who
						  submitted comments and to other persons who request a copy.
(d) Whether or not the Department holds a
						  public hearing, the Department may conduct an informal meeting, public meeting
						  or series of meetings.
This section cited in 25 Pa. Code §
															287.154 (relating to public notice
								and public hearings for permit modifications); and 25 Pa. Code §
															287.422 (relating to permit
								suspension or revocation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › PUBLIC NOTICE AND COMMENTS › Section 287.154 - Public notice and public hearings for permit modifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for a permit modification
						  for a residual waste landfill or residual waste disposal impoundment shall be
						  considered an application for a major permit modification under §§
													287.151-287.153 (relating to public notice
						  by applicant; public notice by Department; and public comments) if the
						  application involves one or more of the following:
(1) A change in site volume or waste
						  capacity.
(2) A change in the
						  average or maximum daily waste volume.
(3) A change in excavation contours or final
						  contours, including final elevations and slopes, if the change results in
						  increased disposal or storage capacity or impacts groundwater isolation
						  distances or groundwater quality.
(4) A change in permitted acreage.
(5) A change in the approved groundwater
						  monitoring plan, except for the addition or replacement of wells or parameters,
						  or a change in the groundwater monitoring plan for a facility permitted prior
						  to the effective date of these regulations to comply with the requirements of
						  this article.
(6) A change in
						  approved leachate collection and treatment method.
(7) A change in gas monitoring or management
						  plan, or both, except where installation of additional wells or improvements to
						  the collection systems are proposed.
(8) A change in the approved closure
						  plan.
(9) The acceptance for
						  disposal of types of waste not approved in the permit.
(10) A change in approved design under §
														287.231 (relating to equivalency
						  review procedure) if the design has not been previously approved through an
						  equivalency review.
(11) The
						  submission of an abatement plan.
(12) Change in ownership, unless the owner is
						  the permittee, in which case permit reissuance is required under §
														287.221 (relating to permit
						  reissuance).
(13) Change in
						  operator, unless the operator is the permittee, in which case permit reissuance
						  is required under § 287.221.
(14) The disposal of waste in areas that have
						  reached final permitted elevations.
(15) Submission of a radiation protection
						  action 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 287.201 - Criteria for permit issuance or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit application will not be approved
						  unless the applicant affirmatively demonstrates to the Department's
						  satisfaction that the following conditions are met:
(1) The permit application is complete and
						  accurate.
(2) Residual waste
						  management operations can be feasibly accomplished pursuant to the application
						  as required by the act, the environmental protection acts and this
						  title.
(3) The requirements of the
						  act, the environmental protection acts, this title and PA. CONST. Art. I,
						  § 27 have been complied with.
(4) The mitigation plans required by §
														287.127 (relating to environmental
						  assessment) are implemented if required by the Department.
(5) Residual waste management operations
						  under the permit will not cause air pollution, or water pollution, except that
						  the Department may approve an application for permit modification to control or
						  abate groundwater degradation under a new or modified groundwater collection or
						  treatment facility.
(6) When the
						  potential for mine subsidence exists, subsidence will not endanger or lessen
						  the ability of the proposed facility to operate in a manner that is consistent
						  with the act, the environmental protection acts and this title, and will not
						  cause the proposed operation to endanger the environment or public health,
						  safety or welfare.
(7) The
						  compliance status of the applicant or a related party under section 503(c) and
						  (d) of the act (35 P. S. §
															6018.503(c) and
						  (d)) does not require or allow permit
						  denial.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 287.202 - Receipt of application and completeness review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After receipt of a permit application,
						  the Department will determine whether the application is administratively
						  complete.
(b) For purposes of this
						  section, "receipt of a permit application" does not occur for an application
						  for a new facility or a permit modification that would result in an increased
						  average or maximum daily waste volume, increased disposal capacity or expansion
						  of the permit area, until the following requirements are met:
(1) The Department, applicant and municipal
						  officials meet to discuss the permit application, the Department's permit
						  application review process and the public involvement steps in that process and
						  to hear and understand the concerns and questions of the municipal officials,
						  as described in the Department's
Local Municipality Involvement Process
						  Policy
, Document Number 254-2100-100. The Department may invite other
						  persons from the local municipalities who have an interest in the
						  application.
(2) An alternative
						  project timeline is established for review of a permit application for a
						  noncaptive residual waste landfill, disposal impoundment or incinerator through
						  negotiation among the Department, applicant and representatives of the host
						  county and host municipality. If the parties are unable to reach agreement, the
						  Department will determine an appropriate timeline, taking into consideration
						  the level of public interest and incorporating into the timeline sufficient
						  opportunity for meaningful public participation. Public notice of a negotiated
						  timeline will be made in the
Pennsylvania Bulletin
as part of
						  the permit application receipt announcement required by §
														287.152 (relating to public notice
						  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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 287.203 - Review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will issue or deny permit applications under this article within the
						  following periods of time:
(1) For captive
						  residual waste landfills and disposal impoundments, within 12 months from the
						  date of the Department's determination under §
														287.202 (relating to receipt of
						  application and completeness review) that the application is administratively
						  complete.
(2) For noncaptive
						  residual waste landfills, disposal impoundments and incinerators, within the
						  period established in the alternative project timeline developed under §
														287.202 (relating to receipt of
						  application and completeness review).
(3) For other permits, within 6 months from
						  the date of the Department's determination under §
														287.202 that the application is
						  administratively complete.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › GENERAL PERMIT RESTRICTIONS › Section 287.211 - Term of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit
						  issued under this article will be issued for a fixed term consistent with the
						  approved operation and design plans of the facility, and not to exceed 10
						  years. An operator may apply for permit renewal prior to the expiration of the
						  permit term under §
													287.223 (relating to permit
						  renewal).
(b) The Department may
						  grant a longer fixed term if the following are met:
(1) The application is complete for the
						  longer fixed term.
(2) The
						  applicant shows that a specified longer term is reasonably needed to allow the
						  applicant to obtain necessary financing for the facility, and this need is
						  confirmed, in writing, by the applicant's source of
						  financing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › GENERAL PERMIT RESTRICTIONS › Section 287.212 - Conditions of permits-general and right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
Each permit issued by the Department will ensure and
							 contain the following conditions:
(1)
						  Except to the extent that the permit states otherwise, the permittee shall
						  operate the facility as described in the approved application.
(2) The permittee shall allow authorized
						  representatives of the Commonwealth, without advance notice or a search
						  warrant, upon presentation of appropriate credentials, and without delay, to
						  have access to areas in which the solid waste management facility will be, is
						  being, or has been operated to ensure compliance with the act, regulations
						  promulgated under the act, and a permit, license or order issued by the
						  Department under the act.
(3) The
						  permittee shall affect by solid waste management operations only those lands
						  specifically approved in the permit and for which a bond has been filed with
						  the Department under Subchapter E (relating to bonding and insurance
						  requirements).
(4) The permittee
						  shall notify the Department within the time stated in the permit and if no time
						  is stated not later than 45 days, on a form prepared by the Department, after
						  the transfer has occurred of a controlling interest in the owner or operator,
						  if the transfer does not require a permit modification under §
													287.154 (relating to public notice
						  and public hearings for permit modifications) or a permit reissuance under
						  §
													287.221 (relating to permit
						  reissuance). The notification shall contain the same information relating to
						  the person who obtained the controlling interest in the owner or operator as is
						  required of a permit applicant in a permit application under §§
													287.124 and
						  287.125 (relating to
						  identification of interests; and compliance information). A "controlling
						  interest" means the possession, direct or indirect, of the power to direct or
						  cause the direction of the management and policies of a person, whether through
						  the ownership of voting securities, by contract or otherwise.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 287.221 - Permit reissuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  transfer, assignment or sale of rights granted under a permit may not be made
						  without obtaining permit reissuance.
(b) An application for permit reissuance
						  shall be made on forms provided by the Department and shall contain the
						  following:
(1) A written statement that the
						  person assumes, upon reissuance of the permit, all liability for operation,
						  maintenance, pollution, closure, postclosure maintenance, final cover and other
						  responsibilities under the act, the environmental protection acts, this title
						  and the terms and conditions of the permit from the date of original issuance
						  of the permit.
(2) A detailed
						  explanation of the schedule and procedure for transferring control of the
						  facility to the applicant.
(3) For
						  applications for the reissuance of permits that were issued prior to July 4,
						  1992, a complete application for permit modification to correct deficiencies
						  identified under §
														287.115 (relating to filing by
						  permitted facilities).
(4) One of
						  the following:
(i) An entirely new application
						  under this article.
(ii) A written
						  statement expressly agreeing to abide by permit conditions, and assuming
						  responsibility for violations which have occurred or may occur on the area
						  previously affected. The statement shall include the following:
(A) The identity of the applicant as required
						  in §
																287.124 (relating to
						  identification of interests) and the compliance information required in §
																287.125 (relating to compliance
						  information).
(B) For residual
						  waste disposal permits, a property map showing the extent to which disposal has
						  been accomplished under the existing permit.
(C) The name and address of the existing
						  permittee.
(D) Appropriate bond and
						  insurance in the amount specified by the Department under Subchapter E
						  (relating to bonding and insurance requirements).
(E) Proof of public notice as required by
						  §
																287.151 (relating to public notice
						  by applicant).
(F) Departmental
						  approval of permit reissuance under this section will not be deemed to limit
						  the original permittee's responsibility, liability, duty or obligation under
						  law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 287.222 - Permit modification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  permittee shall file with the Department an application for permit
						  modification, and obtain Departmental approval of the permit modification:
(1) Prior to making a change in the design or
						  operational plans set forth in the application upon which the permit is
						  issued.
(2) Prior to making a
						  change that would affect the terms or conditions of the existing
						  permit.
(3) When required by the
						  Department under §
														287.115 (relating to filing by
						  permitted facilities).
(4) Prior to
						  conducting solid waste processing or disposal activities that are not approved
						  in this permit.
(5) If otherwise
						  required 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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REISSUANCE, MODIFICATION AND RENEWAL › Section 287.223 - Permit renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permittee
						  that plans to dispose of or process residual waste after the expiration of the
						  term set under §
													287.211 (relating to term of
						  permits) shall file a complete application for permit renewal on forms provided
						  by the Department. The complete application for a processing facility or land
						  application permit shall be filed at least 270 days before the expiration date
						  of the permit term and for a disposal permit at least 1 year before the
						  expiration date of the permit term.
(1) For a
						  processing facility with a permit term that expires on or before October 10,
						  2001, the application for permit renewal shall be filed at least 180 days prior
						  to the expiration date of the permit term.
(2) For a disposal facility with a permit
						  term that expires on or before January 4, 2002, the application for permit
						  renewal shall be filed at least 180 days prior to the expiration date of the
						  permit term.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - PERMIT REVIEW PROCEDURES AND STANDARDS › OTHER PERMITTING PROVISIONS › Section 287.231 - Equivalency review procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  This section authorizes the Department, in approving a permit application under
						  this article, to authorize, in writing, alternatives to the design requirements
						  in this article. The alternative requirements may be authorized only if, and
						  only to the extent that, specific sections in this article expressly state that
						  alternatives may be authorized under this section.
(b) A person requesting an alternative under
						  this section shall submit a request to the Department, in writing. The request
						  shall:
(1) Identify the specific regulation
						  for which an equivalency alternative is being sought.
(2) Demonstrate, through supporting technical
						  documentation, justification and quality control procedures, that the requested
						  alternative to the design requirements in a section of the regulations will,
						  for the life of operations at the facility, achieve the performance standards
						  set forth in that section, and will do so in a manner that is equivalent or
						  superior to the design requirements in that section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › SCOPE › Section 287.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  sets forth minimum requirements for demonstrating sufficient financial
						  responsibility for the operation of residual waste processing or disposal
						  facilities by providing for bond guarantees for the operation of the
						  facilities, and by providing for minimum standards for insurance protection for
						  personal injury and property damage to third parties arising from the operation
						  of those facilities.
(b) Except as
						  otherwise expressly provided, this subchapter applies to the permit applicant,
						  permittee or a person or municipality that operates the facility but is not a
						  permit applicant or permittee when the person or municipality submits a bond or
						  provides insurance. This subchapter will not be construed or understood to
						  relieve or excuse the applicant or permittee from complying with the
						  requirements of this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › BONDING REQUIREMENTS › Section 287.311 - New facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will not approve a new, reissued, renewed or modified permit for the
						  processing or disposal of residual waste, unless the applicant first submits to
						  the Department a bond in accordance with this subchapter, and the bond is
						  approved by the Department.
(b) The
						  bond shall be submitted under this subchapter on a form prepared by the
						  Department, shall be made payable to the Department and shall provide for
						  continuous liability from the initiation of operations at the facility. The
						  amount of the bond shall be determined under §
													287.331 (relating to bond amount
						  determination).
This section cited in 25 Pa. Code §
															287.333 (relating to failure to
								maintain adequate bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - BONDING AND INSURANCE REQUIREMENTS › BONDING REQUIREMENTS › Section 287.312 - Existing facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						  person or municipality operating a residual waste processing or disposal
						  facility and which has not filed a bond under the act shall, by January 4,
						  1993, file a bond with the Department in accordance with this subchapter. For
						  facilities subject to §
													287.111 (relating to notice by
						  impoundments and unpermitted processing or disposal facilities), the bond shall
						  be filed as part of the notice required under that section. The minimum amount
						  of the bond shall be $10,000. This section will not be construed to prevent the
						  Department from requiring bonds to be posted in addition to the bond originally
						  posted in compliance with this section. This section will not be construed to
						  prevent the Department from requiring bonds to be posted as required by the act
						  for another facility operating on or after July 4, 1992.
(b) Prior to the approval by the Department
						  of a closure plan submitted under §
													287.117 (relating to closure plan)
						  or to the issuance by the Department of an approval of a completed application
						  for permit modification submitted under §
													287.115 (relating to filing by
						  permitted facilities), each person or municipality operating a residual waste
						  processing or disposal facility under permit subject to §
													287.115 shall submit an updated
						  bond in an amount approved by the Department.
(c) The bond required by this section shall
						  be submitted under this subchapter, containing terms and conditions required by
						  the Department, and shall be on a form prepared and approved by the Department.
						  The bond shall be made payable to the Department, and shall provide for
						  continuous liability from the initiation of operations at the facility. The
						  amount of the bond shall be determined under §
													287.331 (relating to bond amount
						  determination).
This section cited in 25 Pa. Code §
															287.111 (relating to notice by
								impoundments and unpermitted processing or disposal
								facilities).