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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › SCOPE › Section 289.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth additional application and
							 operating requirements for Class II residual waste disposal
							 impoundments.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL APPLICATION REQUIREMENTS › Section 289.511 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the application requirements in
							 Subchapter B (relating to application requirements), an application for a
							 permit to operate a Class II residual waste disposal impoundment shall comply
							 with §§
													289.512-289.514 (relating to liner system
							 and leachate control plan; leachate treatment plan; and modifications of
							 leachate treatment plan). These requirements shall be part of the Phase II
							 permit application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL APPLICATION REQUIREMENTS › Section 289.512 - Liner system and leachate control plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application shall contain plans,
						  drawings, cross sections and specifications for a liner system to demonstrate
						  compliance with §§
													289.531-289.538 (relating to additional
						  operating requirements-liner system), including the following:
(1) The design of the liner system, including
						  thickness and characteristics of the subbase, the thickness and characteristics
						  of the leachate detection zone, the design for the leachate monitoring system
						  in the leachate detection zone, the nature and thickness of the liner material,
						  the thickness and characteristics of the protective cover and leachate
						  collection zone and the design for the leachate collection system in the
						  collection zone.
(2) A plan for
						  installing the liner system.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL APPLICATION REQUIREMENTS › Section 289.513 - Leachate treatment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a plan for leachate treatment from the proposed
						  facility that complies with §§
													289.551-289.557 (relating to additional
						  operating requirements-leachate treatment). The plan shall include the
						  following:
(1) An estimate of the quality and
						  quantity of leachate to be produced annually by the facility, based on the
						  water balance method set forth in "Use of Water Balance Method for Predicting
						  Leachate Generation from Solid Waste Disposal Sites" EPA SW-168 (1975),
						  (available through the Department or the National Technical Information Service
						  (NTIS), United States Department of Commerce, Springfield, VA. 22161), or
						  another method of accurately projecting leachate flows that is approved by the
						  Department, in writing. The estimate shall include the 30-day leachate volume
						  and average flow rate for each month of the year. A separate estimate shall be
						  submitted for anticipated leachate generation at the end of 5-year increments
						  of operation for 20 years, or until closure, whichever date is earlier. For
						  existing facilities, current leachate generation shall be included with this
						  separate estimate.
(2) Plans,
						  designs and cross sections for the proposed collection and handling
						  system.
(3) Plans, designs and
						  cross sections for onsite leachate treatment or disposal systems, including
						  tanks and impoundments that are proposed to be used or constructed for storage,
						  pretreatment or treatment of leachate from the facility.
(4) If an onsite treatment system already in
						  operation is proposed to treat leachate from the facility, a description of the
						  system, including its NPDES permit number, its capability to treat leachate
						  from the facility and its compliance status under The Clean Streams Law and
						  regulations thereunder.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL APPLICATION REQUIREMENTS › Section 289.514 - Modifications of leachate treatment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a problem identified in §
													289.557 (relating to Departmental
						  notice and remedial action) occurs, the operator shall submit to the
						  Department, within 60 days, a permit modification application under §
													287.222 (relating to permit
						  modification), with plans, designs and cross sections to modify its leachate
						  treatment plan.
(b) The Department
						  may approve permit modification applications under §
													287.222 to extend, by 1 year at a
						  time, the 3-year limitation for leachate transportation in §
													289.553(a)
						  (relating to leachate transportation), if the following conditions apply:
(1) The applicant complies with §
														289.513(b)
						  (relating to leachate treatment plan).
(2) The applicant has obtained necessary
						  permits to construct and operate a leachate treatment system under §
														289.552 (relating to basic
						  treatment methods).
(3) Leachate
						  transportation from the facility has not caused or contributed to violations of
						  the terms or conditions of the permit.
(4) The applicant has a valid contract for
						  the treatment of leachate at an offsite treatment facility for the 1-year term
						  of the proposed permit modification.
(5) The offsite treatment facility to which
						  leachate would be transported is operating in compliance with The Clean Streams
						  Law and regulations thereunder, and is otherwise capable of accepting and
						  treating leachate from the disposal impoundment.
(6) The disposal impoundment has a remaining
						  permitted life, based on permitted capacity, of at least 3 years.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL APPLICATION REQUIREMENTS › Section 289.515 - Waste classification plan

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the application requirements set forth
							 in Subchapter B (relating to application requirements), the application shall
							 demonstrate that waste that is proposed to be disposed of at the facility
							 complies with §
													289.523 (relating to minimum
							 requirements for acceptable waste).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS-GENERAL › Section 289.521 - Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						  the operating requirements in Subchapter C (relating to operating
						  requirements), a person or municipality that operates a Class II residual waste
						  disposal impoundment shall comply with §§ 289.522, 289.523,
						  289.531-289.538 and 289.551-289.557.
(b) If a facility is a noncaptive facility,
						  it shall be operated as a monofill.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.531 - Scope and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality operating a Class II residual waste disposal impoundment
						  shall design, construct, operate and maintain a liner system for disposal areas
						  of the facility or components thereof in accordance with this section and
						  §§ 289.532-289.538.
(b)
						  The liner system for a Class II residual waste disposal impoundment shall
						  include the following elements:
(1) The
						  subbase, which is the prepared layer of soil or earthen material upon which the
						  remainder of the liner system is constructed.
(2) 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.
(3) The composite liner, which is a
						  continuous layer of synthetic material over earthen material, placed on the
						  leachate detection zone.
(4) 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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.532 - General limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  bottom of the subbase of the liner system cannot be in contact with the
						  seasonal high table or perched water table without the use of groundwater
						  pumping systems.
(1) Soil mottling may
						  indicate the presence of a seasonal high water table.
(2) Drainage systems may be utilized to
						  prevent contact between the bottom of the subbase of the liner system and the
						  seasonal high water table or perched water table. The operator may not use a
						  drainage system if the system is likely to adversely affect the quality or
						  quantity of water provided by a public or private water supply, even if a
						  replacement supply is available under §
														289.255 (relating to water supply
						  replacement). The drainage system shall be limited to drain tile, piping,
						  french drains or equivalent methods.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.533 - Subbase

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The subbase
						  shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system,
						  waste, waste cover material and equipment operating on the facility without
						  causing or allowing a failure of the liner system.
(2) Accommodate potential settlement without
						  damage to the liner system.
(3) Be
						  a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the
						  facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.534 - Leachate detection zone

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The leachate detection zone shall meet the following performance standards. The
						  leachate detection zone shall:
(1) Rapidly
						  detect and collect liquid entering the leachate detection zone, and rapidly
						  transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or
						  leachate.
(3) Withstand anticipated
						  loads, stresses and disturbances from overlying waste, waste cover materials
						  and equipment operation.
(4)
						  Function without clogging.
(5)
						  Prevent the liner from puncturing, cracking, tearing, stretching or otherwise
						  losing its physical integrity.
(6)
						  Cover the bottom and sidewalls of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.535 - Liner

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Standards of performance.
The liner shall meet the following
						  standards of performance:
(1) The liner shall
						  prevent the migration of leachate through the liner to the greatest degree that
						  is technologically possible.
(2)
						  The effectiveness of the liner in preventing the migration of leachate may not
						  be adversely affected by the physical or chemical characteristics of solid
						  waste, solid waste constituents or leachate from the facility.
(3) The liner shall be resistant to physical
						  failure, chemical failure, and other failure from the sources identified under
						  §
														289.512(d)
						  (relating to liner system and leachate control plan).
(4) The liner shall cover the bottom and
						  sidewalls of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.536 - Protective cover

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  protective cover shall meet the following performance standards. The protective
						  cover shall:
(1) Protect the primary liner
						  from physical damage from stresses and disturbances from overlying wastes,
						  waste cover materials and equipment operation.
(2) Protect the leachate collection system
						  within the protective cover from stresses and disturbances from overlying
						  wastes, waste cover materials and equipment operation.
(3) Allow the continuous and free flow of
						  leachate into the leachate collection system within the protective
						  cover.
(4) The protective cover
						  shall cover the bottom and sidewalls of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.537 - Leachate collection system within protective cover

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The leachate collection system within the
						  protective cover shall meet the following performance standards. The leachate
						  collection system shall:
(1) Ensure that free
						  flowing liquids and leachate will drain continuously from the protective cover
						  to the leachate treatment system.
(2) Withstand chemical attack from
						  leachate.
(3) Withstand anticipated
						  loads, stresses and disturbances from overlying waste, waste cover materials
						  and equipment operation.
(4)
						  Function without clogging.
(5)
						  Cover the bottom and sidewalls of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LINER SYSTEM › Section 289.538 - Initial placement of solid waste

Current through Register Vol. 54, No. 28, July 13, 2024
The first 8 feet of solid waste placed on the
							 protective cover may not contain material capable of penetrating or puncturing
							 the protective cover.
This section cited in 25 Pa. Code §
															287.114 (relating to interim
								operational requirements for unpermitted processing or disposal facilities); 25
								Pa. Code §
															287.116 (relating to interim
								operational requirements); 25 Pa. Code §
															289.512 (relating to liner system
								and leachate control plan); 25 Pa. Code §
															289.521 (relating to limitations);
								and 25 Pa. Code §
															289.531 (relating to scope and
								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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.551 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality operating a Class II
							 residual waste disposal impoundment shall comply with the requirements of this
							 section and §§ 289.552-289.557.
This section cited in 25 Pa. Code §
															287.114 (relating to interim
								operational requirements for unpermitted processing or disposal facilities); 25
								Pa. Code §
															287.116 (relating to interim
								operational requirements); 25 Pa. Code §
															289.513 (relating to leachate
								treatment plan); 25 Pa. Code §
															289.521 (relating to limitations);
								and 25 Pa. Code §
															289.552 (relating to basic
								treatment methods).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.552 - Basic treatment methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in this
						  section, leachate shall be collected and handled by direct discharge into a
						  permitted publicly-owned treatment works, following pretreatment, if
						  pretreatment is required by Federal, State or local law or by discharge into
						  another permitted treatment facility.
(b) Leachate may be collected and handled by
						  onsite treatment and discharged into a receiving stream under a permit issued
						  by the Department under The Clean Streams Law and regulations thereunder, if
						  the Department approves this method in the permit.
(c) Leachate may be collected and handled by
						  spray irrigation following treatment. This method will not be allowed unless,
						  at a minimum, the following conditions are met:
(1) Discharge into a publicly-owned treatment
						  works or other permitted treatment facility is not practicable.
(2) Discharge of treated leachate into a
						  receiving stream in a manner consistent with The Clean Streams Law and the
						  regulations thereunder is not attainable.
(3) Spray irrigation will not cause air or
						  water 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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.553 - Leachate transportation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  For the first 3 years following initial discharge of leachate into the
						  collection and handling system, leachate may be handled by vehicular
						  transportation to, and leachate treatment at, an offsite treatment facility.
						  Except as provided in §
													289.514 (relating to modifications
						  of leachate treatment plan), the operator shall operate a leachate collection
						  and treatment facility as provided in §
													289.552 (relating to basic
						  treatment methods) within 3 years following the detection of leachate in the
						  collection or handling system.
(b)
						  Vehicular transportation of leachate to an offsite treatment facility will not
						  be allowed unless the following requirements are met:
(1) Prior to the disposal of waste at the
						  facility, the operator shall have in place at the site a permitted and fully
						  operational system for fully pretreating the leachate in accordance with
						  applicable pretreatment requirements of the primary and backup offsite
						  treatment facilities.
(2) One of
						  the following applies:
(i) Direct discharge
						  into a publicly-owned treatment works or other permitted treatment facility is
						  attainable within 3 years.
(ii)
						  Discharge of treated leachate into a receiving stream in a manner consistent
						  with The Clean Streams Law and regulations thereunder is attainable within 3
						  years.
(3) A leachate
						  recirculation system under §
														289.554 (relating to leachate
						  recirculation) is constructed and fully approved.
(4) The disposal impoundment operator has a
						  valid contract for the treatment of leachate at an offsite treatment facility
						  for up to 3 years. The contract shall prohibit the treatment facility operator
						  from refusing to treat leachate without 6 months' advance written notice to the
						  disposal impoundment operator.
(5)
						  The offsite treatment facility to which leachate would be transported is
						  operating in compliance with The Clean Streams Law and regulations thereunder,
						  and is otherwise capable of accepting and treating leachate from the disposal
						  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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.554 - Leachate recirculation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  conjunction with the treatment methods in §§
													289.552 and
						  289.553 (relating to basic
						  treatment methods; and leachate transportation), recirculation of leachate
						  generated at the facility may be utilized if the following conditions exist:
(1) The area subject to leachate
						  recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste
						  capacity to absorb the leachate.
(3) The area subject to leachate
						  recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with
						  an approved piping system located under the intermediate cover, and causes no
						  odors, runoff or ponding.
(5) The
						  leachate is not a hazardous waste.
(6) The leachate will not interfere with the
						  solidification of waste at the 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 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.556 - Leachate analysis and sludge handling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon commencement of leachate flow from
						  the facility, the operator shall sample, analyze and maintain a record of the
						  following:
(1) On a daily basis, the average
						  flow rate and volume of leachate flowing from the disposal impoundment into the
						  leachate storage and treatment system.
(2) On a quarterly basis, unless otherwise
						  specified in the permit the chemical composition of leachate flowing into the
						  leachate treatment system. The analysis shall be sufficient to determine the
						  impact of leachate on the liner system, the effectiveness of the leachate
						  treatment system, the need for modification of the groundwater monitoring
						  system or the effluent limitations in an NPDES permit, and the actual
						  characteristics of leachate from the waste disposed at the facility. For the
						  purpose of the analysis, the leachate sample shall be collected from the
						  influent storage tank or impoundment and shall be representative of the average
						  mixed influent quality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- LEACHATE TREATMENT › Section 289.557 - Departmental notice and remedial action

Current through Register Vol. 54, No. 28, July 13, 2024
The operator shall immediately notify the Department
							 and describe remedial steps to be taken whenever:
(1) Operation of the treatment facility in
						  accordance with the approved plan cannot prevent violation of the terms of its
						  permits, The Clean Streams Law or regulations thereunder.
(2) The facility is generating a quality or
						  quantity of leachate that exceeds the design capacity of the onsite
						  pretreatment or treatment system.
(3) The contractual agreement for leachate
						  treatment by an offsite treatment system is breached or expired.
(4) The quality or quantity of waste being
						  disposed at the site changes from that in the permit.
This section cited in 25 Pa. Code §
															287.114 (relating to interim
								operational requirements for unpermitted processing or disposal facilities); 25
								Pa. Code §
															287.116 (relating to interim
								operational requirements); 25 Pa. Code §
															289.513 (relating to leachate
								treatment plan); 25 Pa. Code §
															289.514 (relating to modification
								of leachate treatment plan); and 25 Pa. Code §
															289.551 (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 290 - BENEFICIAL USE OF COAL ASH › Subchapter A - GENERAL › Section 290.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Temporary coal ash storage pile
-A pile
						  in which coal ash is stored for not more than 2 weeks.
Water table
-
(i) The top of the saturated zone.
(ii) The term includes the regional
						groundwater table, perched water tables, seasonal high water table and mine
						pools.
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 A - GENERAL › Section 290.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						sets forth requirements for beneficial use of coal ash. Fly ash, bottom ash or
						boiler slag resulting from the combustion of coal that is not beneficially used
						in accordance with this chapter is a residual waste and is subject to
						regulation under other chapters in this article.
(b) If coal ash is mixed with residual waste,
						the beneficial use must be authorized by a permit issued under Chapter 287,
						Subchapter H (relating to beneficial use) and the requirements of this chapter
						must be met.
(c) If coal ash is
						produced by co-firing coal or waste coal with an alternative fuel:
(1) Beneficial use of that material is
						regulated under this chapter as coal ash if the alternative fuel is less than
						20% by weight of the total fuel mixture, as burned, and contributes less than
						10% by weight of total ash quantity.
(2) Beneficial use must be authorized by a
						permit issued under Chapter 287, Subchapter H and the requirements of this
						chapter must be met if the alternative fuel is equal to or greater than 20% by
						weight of the total fuel mixture, as burned, or contributes equal to or greater
						than 10% by weight of total ash quantity.
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 B - BENEFICIAL USE OF COAL ASH › Section 290.101 - General requirements for beneficial use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal ash may be beneficially used without
						a permit from the Department under the act if the person proposing the use
						complies with this chapter.
(b)
						Chemical analysis must demonstrate that the coal ash does not exceed any of the
						maximum acceptable leachate levels in §
												290.201(a)
						(relating to coal ash certification) when coal ash is proposed to be used under
						§§
												290.102-290.105 or §
												290.106(a)(3) or
						(7). The minimum sampling and analysis
						procedures must satisfy the requirements in § 290.201(b) and
						(d).
(c) The coal ash must satisfy
						the physical characteristics for the intended use in §
						290.201(a).
(d) A water quality
						monitoring plan in accordance with §
												290.301 (relating to water quality
						monitoring) and, if applicable, Chapters 86-90 shall be developed and
						implemented if either more than 10,000 tons of coal ash per acre or more than
						100,000 tons of coal ash in total will be used as structural fill, at a coal
						mining activity site, or at an abandoned mine land site. Contiguous projects
						will be considered a single project for purposes of this section. The
						Department may require a water quality monitoring plan for projects involving
						lesser quantities of coal ash or for other beneficial uses of coal ash where
						site conditions warrant.
(e) Coal
						ash may not be placed within 8 feet of the water table, except where coal ash
						is used for mine subsidence control, mine fire control or mine sealing under
						§
												290.106(a)(7)
						(relating to other beneficial uses).
(f) Coal ash may not be used in a way that
						causes water pollution.
This section cited in 25 Pa. Code §
														290.105 (relating to beneficial
							 use at abandoned mine lands); and 25 Pa. Code §
														290.301 (relating to water quality
							 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 290 - BENEFICIAL USE OF COAL ASH › Subchapter B - BENEFICIAL USE OF COAL ASH › Section 290.102 - Use as structural fill

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
						least 60 days before using coal ash as structural fill, the person proposing
						the use shall submit a written proposal to the Department. The written proposal
						must contain, at a minimum, the following information:
(1) A description of the nature, purpose and
						location of the project, including a topographic map showing the project and
						available soils maps of the area of the project.
(2) The estimated beginning and ending dates
						for the project.
(3) Construction
						plans for the structural fill, including a stability analysis when necessary,
						which shall be prepared by a licensed professional engineer in accordance with
						sound engineering practices and which shall be signed and sealed by the
						engineer.
(4) An estimate of the
						volume of coal ash to be used for the project.
(5) A total chemical and leaching analysis
						under §
													290.201(a)(1) and
						(2) (relating to coal ash certification) for
						the coal ash to be used in the project. If the coal ash was generated at a
						facility for which the Department has previously approved a chemical and
						leaching analysis and the analysis is not older than 1 year, the person may
						submit a copy of the analysis that was approved.
(6) A signed statement by the owner of the
						land on which the structural fill is to be placed, acknowledging and consenting
						to the beneficial use of coal ash as structural fill.
(7) The statement by the landowner in
						paragraph (6) shall be a recordable document for any project, or set of
						contiguous projects involving placement of more than 10,000 tons of coal ash
						per acre or more than 100,000 tons of coal ash in total per project. Prior to
						beneficial use of more than 10,000 tons of coal ash per acre or more than
						100,000 tons of coal ash in total per project under this section, the statement
						by the landowner shall be recorded at the office of the recorder of deeds in
						the county in which the proposed coal ash beneficial use will take
						place.
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 B - BENEFICIAL USE OF COAL ASH › Section 290.103 - Use as a soil substitute or soil additive

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least 60 days before using coal ash as
						a soil substitute or soil additive, the person proposing the use shall submit a
						written proposal to the Department. The written proposal must contain, at a
						minimum, the following information:
(1) A
						description of the nature, purpose and location of the project, including a
						topographic map showing the project area and available soils maps of the
						project area. The description must include an explanation of how coal ash will
						be stored prior to use, how the soil will be prepared for the application of
						coal ash, how coal ash will be spread and, when necessary, how coal ash will be
						incorporated into the soil.
(2) The
						estimated beginning and ending dates for the project.
(3) An estimate of the volume of coal ash to
						be used for the project, the proposed application rate and a justification for
						the proposed application rate.
(4)
						A total chemical and leaching analysis and pH under §
													290.201(a)(1) and
						(2) (relating to coal ash certification) for
						the coal ash to be used in the project. If the coal ash was generated at a
						facility for which the Department has previously approved a chemical and
						leaching analysis and the analysis is not older than 1 year, the person may
						submit a copy of the analysis that was approved.
(5) A chemical analysis for constituents
						listed in subsection (e) of the soil on which the coal ash is proposed to be
						placed.
(6) An analysis showing how
						the application of coal ash will be beneficial to the productivity or
						properties of the soil to which it is proposed to be applied. The analysis
						shall be prepared and signed by an expert in soil science.
(7) A signed statement by the owner of the
						land on which the coal ash is to be placed, acknowledging and consenting to the
						use of coal ash as a soil substitute or soil additive.
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 B - BENEFICIAL USE OF COAL ASH › Section 290.104 - Beneficial use at coal mining activity sites

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coal ash approval at coal mining
						activity sites.
Approval for the beneficial use of coal ash at coal
						mining activity sites as defined in §
												86.1 (relating to definitions)
						will, at a minimum, be based on the following:
(1) Compliance with this section, The Clean
						Streams Law (35 P. S. §§
														691.1-691.1001) and the regulations
						promulgated thereunder, the Surface Mining Conservation and Reclamation Act
						(52
						P. S. §§
														1396.1-1396.19a), the Coal
						Refuse Disposal Control Act (52 P. S. §§
														30.51-30.66), the applicable provisions of
						Chapters 86-90 (relating to surface and underground coal mining: general,
						surface mining of coal, anthracite coal, underground mining of coal and coal
						preparation facilities, and coal refuse disposal), and other applicable
						environmental statutes and regulations promulgated thereunder.
(2) Certification under §
													290.201 (relating to coal ash
						certification) by the Department for the intended beneficial uses.
(3) Approval of a request submitted pursuant
						to subsection (b).
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 B - BENEFICIAL USE OF COAL ASH › Section 290.105 - Beneficial use at abandoned mine lands

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reclamation contract with the
						Department
. Coal ash may be beneficially used for the purposes of
						reclamation at abandoned mine lands, as defined in §
												86.252 (relating to definitions),
						only if the reclamation work is performed pursuant to a contract with the
						Department. The beneficial use of coal ash at abandoned mine lands will, at a
						minimum, be based on the following:
(1)
						Compliance with this section and the applicable environmental statutes and
						regulations promulgated thereunder.
(2) Certification under §
													290.201 (relating to coal ash
						certification) by the Department for the intended use.
(3) Approval of a contract proposal submitted
						under subsection (b).
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 B - BENEFICIAL USE OF COAL ASH › Section 290.107 - Requests for information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may request documents and other information from a person to
						demonstrate that the person is conducting or proposing to use coal ash in a
						manner that is compliant with this subchapter and the person shall make the
						documents and information available to the Department upon request.
(b) Failure to have documentation of
						compliance with this subchapter may lead to a presumption that the person is
						disposing residual waste without a permit.
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 C - COAL ASH CERTIFICATION › Section 290.201 - Coal ash certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Certification standards are as follows:
(1)
						Maximum acceptable leachate levels for certification:
(i) For metals and other cations other than
						selenium, 25 times the waste classification standard for a
						contaminant.
(ii) For selenium, 10
						times the waste classification standard.
(iii) For nonmetals and anions other than
						sulfate and fluoride, the waste classification standard for a
						contaminant.
(iv) For sulfate, 10
						times the waste classification standard.
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 C - COAL ASH CERTIFICATION › Section 290.202 - Revocation of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will revoke certification for a source of coal ash if any of the
						following occur:
(1) The generator fails to
						comply with monitoring requirements as described in §
													290.201(d)
						(relating to coal ash certification).
(2) The coal ash exceeds certification
						standards and the generator fails to make an acceptable demonstration as
						described in §
													290.203 (relating to exceedance of
						certification requirements).
(3)
						There are physical or chemical characteristics that make the coal ash
						unsuitable for beneficial use.
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 C - COAL ASH CERTIFICATION › Section 290.203 - Exceedance of certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the coal ash sample analysis results
						exceed any certification standard, the generator shall submit to the Department
						within 30 days of receiving the results of exceedance the following:
(1) In the case of laboratory error,
						documentation and an explanation from the laboratory of the type of error. This
						information shall be accompanied by a corrected sample analysis or additional
						sample results demonstrating that the coal ash meets the requirements in §
													290.201(a)
						(relating to coal ash certification).
(2) A demonstration that the sample analysis
						is anomalous by providing the following:
(i)
						A comparison of the anomalous sample with prior coal ash samples.
(ii) Additional sample results demonstrating
						that the coal ash meets the criteria.
(iii) A plan for temporary increase in coal
						ash monitoring.
(iv) An explanation
						of the cause of the exceedance and how further exceedances will be
						avoided.
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 290.301 - Water quality monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						water quality monitoring plan shall be submitted to the Department for approval
						prior to placement or storage of coal ash when required under this
						chapter.
(b) At a minimum, the
						water quality monitoring plan must include the following information:
(1) The location and design of downgradient
						and upgradient monitoring points.
(2) A minimum of 12 background samples from
						each monitoring point taken at monthly intervals prior to placement of coal
						ash, unless a greater number or frequency is required by the
						Department.
(3) The samples to be
						taken quarterly after approval from each monitoring point, unless a greater
						number or frequency is required by the Department.