reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › OTHER PERSONS › Section 271.394 - Commercial insurance; proof of coverage-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall submit proof of insurance coverage which shall consist of an
						  authenticated copy of the insurance policy, including endorsements thereto,
						  evidencing the insurance coverage for the facility.
(b) The Department will review the
						  authentication copy of the insurance policy submitted by the applicant to
						  determine if the coverage provided satisfies the insurance coverage
						  requirements of this section. The Department may require additional proof, such
						  as additional endorsements to the policy, or statements of intent from the
						  insurer on the scope of coverage, to establish to the Department's satisfaction
						  that the coverage provided is that which is required under this
						  section.
(c) An applicant will be
						  deemed to be without the required pollution liability coverage in the event of
						  bankruptcy or insolvency of the issuing institution, or the suspension or
						  revocation of the issuing institution's license or authorization to conduct the
						  business of insurance in this Commonwealth, or in the case of risk retention
						  groups, in the state which licensed, chartered or authorized the risk retention
						  group. The applicant shall establish other pollution liability coverage within
						  30 days after received notice that its issuing institution is bankrupt,
						  insolvent or its license or authorization to conduct the business of insurance,
						  in this Commonwealth or in the state which licensed, chartered or authorized to
						  conduct the business of insurance, has been suspended or revoked.
This section cited in 25 Pa. Code §
															271.381 (relating to financial
								assurances requirements); and 25 Pa. Code §
															271.391 (relating to forms of
								financial assurances-persons other than municipalities and municipal
								authorities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › OTHER PERSONS › Section 271.395 - Environmental impairment trust funds; general-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  trust fund may be established by the applicant to provide for payment of third
						  party claims for bodily injury and property damage resulting from sudden and
						  nonsudden accidental pollution occurrences arising from the operation of
						  municipal waste landfills or resource recovery facilities, in compliance with
						  §
													271.381 (relating to financial
						  assurances requirements).
(b) The
						  trust agreement shall be provided by the applicant to the trustee. The wording
						  of the trust agreement shall be in a form prepared and approved by the
						  Department. The applicant will not be in compliance with this subchapter until
						  a fully executed original of the trust agreement has been submitted to the
						  Department and the principal amount required by this subchapter has been placed
						  in the trust fund. The trustee shall advise the Department, in writing, when
						  the principal amount has been placed in the trust fund.
(c) The trust fund established in subsection
						  (a) shall meet the following requirements:
(1) The trust fund shall be established for
						  the express purpose of paying claims to third parties for bodily injury or
						  property damage from sudden or nonsudden accidental pollution occurrences
						  arising from the operation of the municipal waste landfill or resource recovery
						  facility.
(2) The trustee shall be
						  an entity whose trust activities are examined and regulated by a State or
						  Federal agency.
(3) The trust shall
						  be irrevocable and shall continue until terminated at the written agreement of
						  the operator and the trustee, except that the trust may not be terminated until
						  120 days after receipt by the Department of written notice to terminate the
						  trust. The written notice shall be sent to the Department by certified mail,
						  return receipt requested.
(4) The
						  trust shall be established as a spendthrift trust and may not be subject to
						  assignment, alienation, pledge, attachment, garnishment, sequestration, other
						  legal process or to the claims of creditors.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › OTHER PERSONS › Section 271.397 - Self-insurance-persons other than municipalities and municipal authorities

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant that is not a municipality or municipal
							 authority may use self-insurance to meet the environmental impairment liability
							 financial assurance requirements of this subchapter. An applicant may qualify
							 for self-insurance by complying with §§ 267.52-267.58
							 (Reserved).
This section cited in 25 Pa. Code §
															271.391 (relating to forms of
								financial assurances-persons other than municipalities and municipal
								authorities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › GENERAL › Section 271.401 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is applicable to the assessment of
							 civil penalties and to certain other enforcement actions under the act for
							 municipal waste management facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 271.411 - When a penalty will be assessed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will assess a civil penalty for a violation which is included as
						  a basis for a cessation order.
(b)
						  The Department will assess a civil penalty for a violation that occurs after
						  the release by the Department of a bond under Subchapter D (relating to
						  financial assurances requirements).
(c) The Department will assess a civil
						  penalty if a person or municipality operates a municipal waste disposal or
						  processing facility in the following manner:
(1) Without a permit from the Department or
						  outside the boundaries of a permit, including final elevations.
(2) Accepts waste for processing or disposal
						  that was not approved by the Department in the permit.
(3) Causes or allows open burning at the
						  facility.
(4) Causes or allows
						  surface water or groundwater pollution.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 271.412 - Assessment of penalties-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will use the system
						  described in this section and §
													271.413 (relating to assessment of
						  penalties-minimum penalties) to determine the amount of the penalty. Unless
						  otherwise indicated in this section, the penalty may be set at an amount up to
						  the maximum amount specified in this section.
(b) Civil penalties shall be assessed as
						  follows:
(1) Up to the statutory maximum
						  shall be assessed based on the seriousness of the violation, including the
						  following:
(i) Damage or injury to the land
						  or waters of this Commonwealth or other natural resources or their
						  uses.
(ii) Cost of
						  restoration.
(iii) Hazards or
						  potential hazards to the health or safety of the public.
(iv) Property damage.
(v) Interference with a person's right to the
						  use or enjoyment of property.
(vi)
						  Other relevant factors.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 271.414 - Procedures for assessment of civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will serve, by mail or
						  personal service, a copy of the civil penalty assessment on the person or
						  municipality responsible for a violation. Service shall be by registered or
						  certified mail, or by personal service. If the service is tendered at the
						  address of the person set forth in the application for a permit under the act
						  or regulations thereunder, or at an address at which the person is in fact
						  located, and the person refuses to accept delivery of or to collect the mail,
						  the requirements of this subsection will be deemed to have been complied with
						  upon this tender.
(b) The
						  Department may upon its own motion prior to assessment, or will upon written
						  request of the person to whom the assessment was issued, arrange for a
						  conference to review the assessment or proposed assessment.
(c) The assessment conference will not be
						  governed by requirements for formal adjudicatory hearings, and may be held at
						  the convenience of the parties.
(d)
						  The Department may terminate the conference if it determines that the issues
						  cannot be resolved or that the person assessed is not diligently working toward
						  resolution of the issues.
(e) The
						  time for appeal from an assessment will not be stayed by the request for, or
						  convening of, an assessment conference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › ENFORCEMENT › Section 271.421 - Administrative inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department and its agents and employes will:
(1) Have access to, and require the
						  production of, books and papers, documents and physical evidence pertinent to a
						  matter under investigation.
(2)
						  Require a person or municipality engaged in the storage, transportation,
						  processing, treatment or disposal of municipal waste to establish and maintain
						  records and make reports and furnish information as the Department may
						  prescribe.
(3) Enter a building,
						  property, premises or place where municipal waste is generated, stored,
						  processed, treated, collected, transported or disposed for the purpose of
						  making an investigation or inspection necessary to ascertain the compliance or
						  noncompliance by the person or municipality with the act and regulations
						  thereunder. In connection with an inspection or investigation, samples may be
						  taken of solid, semisolid, liquid or contained gaseous material for analysis.
						  If an analysis is made of the samples, a copy of the results of the analysis
						  shall be furnished within 5 business days after receiving the analysis from the
						  laboratory to the person having apparent authority over the building, property,
						  premises or place.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › ENFORCEMENT › Section 271.422 - Permit suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may hold a public hearing
						  or informal conference prior to suspending or revoking a permit. The
						  requirements for hearings or conferences are those for permit applications in
						  §
													271.143 (relating to public
						  comments).
(b) The Department will
						  publish in the
Pennsylvania Bulletin
notice of the revocation
						  or suspension of a permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › SEIZURE OF VEHICLES AND CONVEYANCES › Section 271.431 - Forfeiture and seizure of property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sections
						  271.432-271.434 and this section apply to
						  actions of the Department under section 1715 of the Municipal Waste Planning,
						  Recycling and Waste Reduction Act (53 P. S. §
														4000.1715) regarding forfeiture of vehicles
						  used for unlawful transportation or disposal of solid waste. These provisions
						  may be used by other law enforcement officials at their election.
(b) A vehicle or conveyance used for the
						  transportation or disposal of solid waste in the commission of an offense under
						  section 610(1) of the act (35 P. S. §
														6018.610(1)) shall be deemed
						  contraband.
(c) Property subject to
						  forfeiture may be seized by an agent or employe of the Department, upon
						  issuance of process by a court of common pleas with jurisdiction over the
						  property, or under a search warrant.
(d) Seized property shall be placed under
						  seal and removed to an appropriate location pending adjudication of the
						  forfeiture action by the court of common pleas in the judicial district where
						  the property is located. The property seized will be deemed to be in the
						  custody of the seizing official, is subject only to orders of the court of
						  common pleas having jurisdiction over the property and is subject to
						  replevin.
This section cited in 25 Pa. Code §
															271.434 (relating to
								responsibility for costs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › SEIZURE OF VEHICLES AND CONVEYANCES › Section 271.432 - Forfeiture proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  proceedings for the forfeiture of property shall be in rem, with the
						  Department, the plaintiff and the property the defendant. A petition shall be
						  filed in the court of common pleas of the judicial district where the property
						  is located, verified by oath or affirmation, containing the following:
(1) A description of the property
						  seized.
(2) A statement of the time
						  and place where seized.
(3) The
						  owner of the property, if known.
(4) The persons in possession of the property
						  at the time of seizure, if known.
(5) An allegation that the property is
						  subject to forfeiture under section 1715(a) of the Municipal Waste Planning,
						  Recycling and Waste Reduction Act (53 P. S. §
															4000.1715(a)).
(6) An averment of the material facts upon
						  which the forfeiture action is based.
(7) A prayer for an order of forfeiture that
						  the property be adjudged forfeited to the Department and ordered sold according
						  to law, unless cause is shown to the contrary.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › SEIZURE OF VEHICLES AND CONVEYANCES › Section 271.433 - Disposition of forfeited property

Current through Register Vol. 54, No. 28, July 13, 2024
Upon issuance of a forfeiture order by the court, the
							 Department will have the property sold at public auction according to law, with
							 the proceeds of the sale paid to the Solid Waste Abatement Fund. If the
							 property is subject to valid secured interests of a financial institution which
							 is regularly in the business of making loans for this kind of property, the
							 court will determine the value of the secured interests as of the time of
							 seizure, and order that the value will be paid to the secured lienholder at
							 time of sale.
This section cited in 25 Pa. Code §
															271.431 (relating to forfeiture
								and seizure of property); and 25 Pa. Code §
															271.434 (relating to
								responsibility for costs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › SEIZURE OF VEHICLES AND CONVEYANCES › Section 271.434 - Responsibility for costs

Current through Register Vol. 54, No. 28, July 13, 2024
The operator of a vehicle or conveyance forfeitured
							 under §§
													271.431-271.433 and this section is
							 responsible for costs incurred in properly disposing of waste in the vehicle or
							 conveyance, or which was illegally disposed.
This section cited in 25 Pa. Code §
															271.431 (relating to forfeiture
								and seizure of property).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to municipal waste processing
						  or disposal facilities, or parts of these facilities, that are based on a new
						  or unique technology for processing or disposing of municipal waste. For
						  purposes of this subchapter, a technology is considered new or unique if it has
						  not previously been demonstrated in this Commonwealth or another comparable
						  area. The Department may approve in writing, as a permit modification, the
						  demonstration of new or unique technology for the processing or disposal of
						  municipal waste at permitted municipal waste processing or disposal facilities
						  if the requirements of this subchapter are met.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.502 - Relationship to other requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operation that is approved under this
						subchapter is subject to the requirements of this article.
(b) For an operation that is approved under
						this subchapter, the Department may waive or modify any application and
						operating requirements in this article. The Department may not waive or modify
						Subchapter A, §§
												271.124,
						271.125, 271.141 and 271.129, and
						Subchapter D, E or H (Reserved).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.503 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to applicable application requirements in
						  this article, an application for a demonstration facility permit shall include
						  the following:
(1) An economic
						analysis indicating benefits to the Commonwealth and the applicant from the
						proposed facility, including an economic analysis of the benefits of
						alternative methods of processing or disposal.
(2) A technical analysis of the proposed
						facility in comparison to the existing state-of-the-art for processing or
						disposal of the waste that shall be received by the facility.
(3) A complete operational plan, including
						design details and a timetable for completing various phases of the facility
						from initiation of construction to completion of the project.
(4) An evaluation of the anticipated
						contribution of the facility to the field of solid waste management.
(5) An evaluation of the potential
						applicability to this Commonwealth of the technology to be
						demonstrated.
(6) A demonstration
						that the applicant has the financial ability to remove the facility and clean
						up the affected area in the event of pollution.
(7) A plan for corrective action utilizing
						conventional technology in the event of pollution.
(8) A statement of the optimal size and
						capacity for a facility using the proposed technology.
(9) A plan for assessing the effectiveness
						and environmental effect of the proposed facility.
This section cited in 25 Pa. Code §
														271.504 (relating to operating
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.504 - Operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to applicable operating requirements in
						  this article, a person or municipality that operates a demonstration facility
						  shall comply with the following:
(1)
						The facility may not be larger than the area needed to adequately test the new
						or unique technology.
(2) No waste
						may be processed or disposed at the facility after 2 years from the initial
						processing or disposal of waste at the facility, unless a different period is
						stated in the permit. The permittee may request permit renewal under §
												271.223 (relating to permit
						renewal).
(3) The operator shall
						submit periodic reports to the Department concerning the effectiveness and
						environmental effect of the facility.
(4) The operator shall immediately cease
						operations and begin cleanup and removal actions if the Department determines
						that the facility is causing or is likely to cause harm to public health,
						safety or welfare or to the environment.
(5) Within 90 days from the expiration of the
						term of the permit, or within another period approved in the permit, the
						permittee shall submit to the Department an analysis of the effectiveness of
						the technology, taking into consideration the factors in §
												271.503 (relating to application
						requirements).
(6) If one of
						Chapter 273, 275, 277, 279, 281 or 283 is not clearly applicable to the
						facility, the permittee shall annually submit to the Department a nonrefundable
						permit administration fee of an amount set forth in the approved permit, but
						not more than $1,800, in the form of a check payable to the "Commonwealth of
						Pennsylvania."
This section cited in 25 Pa. Code §
														271.505 (relating to public notice
							 of analysis); and 25 Pa. Code §
														271.506 (relating to Departmental
							 evaluation of analysis).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.505 - Public notice of analysis

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will publish in the
Pennsylvania
						  Bulletin
notice of the availability of the analysis submitted under
						  §
												271.504(5)
						  (relating to operating requirements). The notice will request public comment on
						  the analysis and the utility of the analysis in permitting future facilities
						  using the same or similar technology. The Department will also provide written
						  notice of the availability of the analysis to the municipalities in which the
						  facility is located.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - DEMONSTRATION FACILITIES › Section 271.506 - Departmental evaluation of analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review the analysis
						submitted under §
												271.504(5)
						(relating to operating requirements) and other relevant data to determine if
						the facility satisfactorily achieved its objectives and if the facility
						adequately protected public health, safety, welfare and the
						environment.
(b) If the Department
						determines that the facility adequately achieved its objectives and
						satisfactorily protected public health, safety, welfare and the environment,
						the Department subsequently may grant a permit for the technology under the
						applicable provisions of this article without reference to this
						subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › GENERAL PROVISIONS › Section 271.601 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  applies to municipal waste processing or disposal facilities that apply to
						  receive residual waste for processing or disposal. Section
						  271.611 (relating to chemical
						  analysis of waste) also applies to an application for a general permit for the
						  beneficial use or processing of municipal waste under Subchapter I (relating to
						  beneficial use). This subchapter does not apply to:
(1) Transfer facilities except as otherwise
						  required in writing by the Department.
(2) The disposal at permitted municipal 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 application demonstrates to the Department's
						  satisfaction that the waste is not hazardous.
(3) The disposal at permitted municipal waste
						  landfills of an individual type of residual waste from a person or municipality
						  that generates a total of 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 VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › ADDITIONAL APPLICATION REQUIREMENTS › Section 271.611 - Chemical analysis of waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application form.
(1) Except as provided in subsection (f), an
						  application for the processing or disposal of residual waste or special
						  handling waste, an application for a general permit for the beneficial use or
						  processing of municipal waste under Subchapter I (relating to beneficial use),
						  or an application or registration under §
														271.831 (relating to contents of
						  general permits) for inclusion in a general permit issued under Subchapter I,
						  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 261, Subchapters A-D
						  (Reserved).
(v) If the waste will
						  be disposed at a municipal waste landfill or construction/demolition waste
						  landfill, a demonstration that the waste meets the requirements for disposal at
						  the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › ADDITIONAL APPLICATION REQUIREMENTS › Section 271.612 - 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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › ADDITIONAL APPLICATION REQUIREMENTS › Section 271.613 - 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 §
													271.611 (relating to chemical
						  analysis of waste). The plan shall include:
(1) The parameters for which each residual
						  waste will be analyzed and the rationale for the selection of these
						  parameters.
(2) The test methods
						  that will be used to test for these parameters. The test methods shall be the
						  same as those used under § 271.611.
(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 VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › ADDITIONAL OPERATION REQUIREMENTS › Section 271.621 - Frequency of analysis

Current through Register Vol. 54, No. 28, July 13, 2024
The operator shall conduct and maintain analyses of
							 the waste under §
													271.613 (relating to waste
							 analysis plan) onsite for a minimum of 5 years after the analyses are
							 performed. These records shall be made available to representatives of the
							 Department on request.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter G - RESIDUAL WASTE › ADDITIONAL OPERATION REQUIREMENTS › Section 271.622 - Additional analysis

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality shall submit to the
							 Department additional analyses under §
													271.613 (relating to waste
							 analysis plan) if there is a significant change in the quality of the
							 waste.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › SCOPE › Section 271.801 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  sets forth requirements for general permits for the processing and beneficial
						  use of municipal waste, except as follows:
(1)
						  This subchapter does not set forth requirements for general permits for the
						  processing or beneficial use of regulated medical or chemotherapeutic
						  waste.
(2) This subchapter does not
						  set forth requirements for general permits for the beneficial use of sewage
						  sludge by land application, except as provided in §
														271.821(b)(6)
						  (relating to application for general permit). A general or individual permit
						  for the beneficial use of sewage sludge not mixed with residual waste will be
						  issued only under Subchapter J (relating to beneficial use of sewage sludge by
						  land application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE; AUTHORIZATION AND LIMITATIONS › Section 271.811 - Authorization for general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under §§
													271.812 and
						  271.821-271.825, the Department may issue
						  general permits on a regional or Statewide basis for a category of processing
						  when processing is necessary to prepare the waste for beneficial use, or for a
						  category of beneficial use, or both, of municipal waste, if the following are
						  met:
(1) The wastes included in the category
						  are generated by the same or substantially similar operations and have the same
						  or substantially similar physical character and chemical composition. If wastes
						  are not the same or substantially similar and are blended for use, the blend
						  shall be consistently reproduced with the same physical character and chemical
						  composition.
(2) The wastes
						  included in the category are proposed for the same or substantially similar
						  beneficial use or processing operations.
(3) The activities in the category can be
						  adequately regulated utilizing standardized conditions without harming or
						  presenting a threat of harm to the health, safety or welfare of the people or
						  environment of this Commonwealth. The Department will not issue a general
						  permit if the use of the waste as an ingredient in an industrial process or as
						  a substitute for a commercial product presents a greater harm or threat of harm
						  than the use of the produce or ingredient which the waste is
						  replacing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE; AUTHORIZATION AND LIMITATIONS › Section 271.812 - Nature of a general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  When the Department issues a general permit for a specified category of
						  beneficial use or processing of municipal waste on either a regional or
						  Statewide basis, persons or municipalities may beneficially use or process
						  municipal waste in accordance with the terms and conditions of the general
						  permit and this subchapter without filing an individual application for, and
						  first obtaining, an individual permit, if the persons or municipalities comply
						  with this section and this subchapter.
(b) The use of an applicable general permit
						  for the beneficial use or processing of municipal waste satisfies the permit
						  requirements in §
													271.101(a)
						  (relating to permit requirement) if the following are met:
(1) The beneficial use or processing
						  activities are conducted in accordance with the terms and conditions of the
						  applicable general permit.
(2) The
						  person or municipality conducting the beneficial use or processing activities
						  is the permittee identified in the general permit or is otherwise authorized to
						  operate under the applicable general permit in accordance with §
														271.841 (relating to inclusion in
						  a general permit).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.822 - Completeness review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
						  receipt of an application for the issuance of a general permit, or an
						  application for a determination of applicability under §
													271.842 (relating to determination
						  of applicability), the Department will determine whether the application is
						  administratively complete. For purposes of this subchapter, an application is
						  administratively complete if it contains the necessary analyses, fees,
						  documents and information, regardless of whether the analyses, fees, documents
						  and information would be sufficient for the issuance of the permit, or the
						  determination of applicability.
(b)
						  If the application is not administratively complete, the Department will,
						  within 30 days of receipt of the application, return it to the applicant, along
						  with a written statement of the specific analyses, fees, documents or other
						  information that is required to make the application administratively
						  complete.
(c) The Department will
						  deny the incomplete application if the applicant fails to provide the analyses,
						  fees, documents or information within 90 days of receipt of the notice in
						  subsection (b).
This section cited in 25 Pa. Code §
															271.811 (relating to authorization
								for general permit); and 25 Pa. Code §
															271.824 (relating to approval or
								denial of an application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.823 - Public notice and review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will publish notice of
						  receipt of an application for a general permit in the
Pennsylvania
						  Bulletin
when the Department determines that the application is
						  administratively complete.
(b) The
						  notice will include:
(1) A brief description
						  of the category of waste and the category of beneficial use or processing of
						  municipal waste which is identified in the application.
(2) The Department address and telephone
						  number at which interested persons or municipalities may obtain further
						  information and review a copy of the application for the general
						  permit.
(3) A brief description of
						  the procedures for public comment on the general permit application in
						  accordance with this subchapter.
(4) A statement that interested persons or
						  municipalities may submit comments to the Department within 60 days of the
						  publication of the notice, and may recommend conditions upon, revisions to,
						  approval or disapproval of the general permit application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.824 - Approval or denial of an application

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not issue a general permit for a
							 category of beneficial use or processing of municipal waste unless the
							 applicant has affirmatively demonstrated the following:
(1) The application for the general permit is
						  accurate and complete and the requirements of §§
													271.811,
						  271.812, 271.821-271.826, 271.831,
						  271.832, 271.841-271.843, 271.851 and 271.852 have been complied
						  with.
(2) The proposed beneficial
						  use or processing activities will be conducted in a manner that will not harm
						  or present a threat of harm to the health, safety or welfare of the people or
						  environment of this Commonwealth through exposure to constituents of the waste
						  during or after the proposed beneficial use or processing activities. Use of
						  the waste as an ingredient in an industrial process or as a substitute for a
						  commercial product may not present a greater harm or threat of harm than the
						  use of the product or ingredient which the waste is replacing.
(3) For beneficial use general permits, the
						  physical character and chemical composition of the municipal waste which is
						  proposed to be covered by the general permit contributes to the proposed
						  beneficial use, and the physical character and chemical composition of the
						  municipal waste does not interfere with the proposed beneficial use.
This section cited in 25 Pa. Code §
															271.811 (relating to authorization
								for general permit).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.825 - Department initiated general permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may issue or modify a
						  general permit for a category of beneficial use or processing of municipal
						  waste upon its own motion in accordance with this section.
(b) At least 60 days prior to the issuance or
						  modification of a general permit under this section, the Department will
						  publish a notice in the
Pennsylvania Bulletin
of intent to
						  issue or modify a general permit under this section.
(c) The notice required by subsection (b)
						  will include the following:
(1) A clear and
						  specific description of the category of waste and the category of beneficial
						  use or processing of municipal waste eligible for coverage under the proposed
						  general permit or affected by the modification.
(2) The standards in §
														271.811(a) 
						  (relating to authorization for general permit), and a brief description of the
						  reasons for the Department's determination that the category of beneficial use
						  or processing is eligible for coverage under a general permit in accordance
						  with these standards.
(3) A brief
						  description of the terms and conditions of the proposed general permit or
						  modification.
(4) A brief
						  description of the procedures for public comment on the general permit or
						  modification in accordance with this subchapter.
(5) The Department address and telephone
						  number at which interested persons or municipalities may obtain further
						  information and review a copy of the proposed general permit or
						  modification.
(6) A statement that
						  interested persons or municipalities may submit comments to the Department
						  within 60 days of the publication of the notice and may recommend conditions
						  upon, revisions to and approval or disapproval of the proposed general permit
						  or modification.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.826 - Permit renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or
						  municipality that plans to process or beneficially use municipal waste after
						  the expiration of the term in the general permit shall file a complete
						  application for permit renewal on forms provided by the Department at least 180
						  days before the expiration date of the permit. A permit renewal shall authorize
						  persons or municipalities that have applied for renewal within the time period
						  provided in this subsection to operate under the renewal permit.
(b) A person or municipality that does not
						  file an application for permit renewal within the time period in subsection (a)
						  shall be required either to register or obtain a determination of
						  applicability, whichever is applicable, under a renewed general
						  permit.
(c) A general permit
						  renewal shall be for a period of time not to exceed the length of the term of
						  the original permit.
(d) An
						  application for permit renewal shall be accompanied by a nonrefundable fee in
						  the form of a check payable to the "Commonwealth of Pennsylvania" for
						  $300.
This section cited in 25 Pa. Code §
															271.824 (relating to approval or
								denial of an application).