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 B - APPLICATION REQUIREMENTS › PHASE II APPLICATION REQUIREMENTS- CLOSURE PROVISIONS › Section 289.172 - Closure plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  application shall contain a plan describing the activities that are proposed to
						  occur in preparation for closure and after closure to ensure compliance with
						  this chapter.
(b) The closure plan
						  shall include:
(1) A plan for the
						  decontamination and removal of equipment, structures and related material from
						  the facility.
(2) An estimate of
						  the year in which final closure will occur, including an explanation of the
						  basis for the estimate.
(3) A
						  description of the steps necessary for closure if the facility closes
						  prematurely.
(4) A narrative
						  description, including a schedule of measures that are proposed to be carried
						  out in preparation for closure and after closure at the facility, including
						  measures relating to the following:
(i) Water
						  quality monitoring.
(ii) Gas
						  control and monitoring.
(iii)
						  Leachate collection and treatment.
(iv) Erosion and sedimentation
						  control.
(v) Revegetation and
						  regrading, including maintenance of the final cover.
(vi) Access control, including maintenance of
						  access control.
(5) A
						  description of the means by which funds will be made available to cover the
						  cost of postclosure operations, which shall include an assessment of projected
						  postclosure maintenance costs, a description of how the necessary funds will be
						  raised, a description of where the funds will be deposited, copies of relevant
						  legal documents and a description of how the funds will be managed prior to
						  closure.
(6) The name, address and
						  telephone number at which the operator may be reached during the postclosure
						  period.
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 C - OPERATING REQUIREMENTS › GENERAL PROVISIONS › Section 289.201 - Basic limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						  as provided in subsection (b), a person or municipality may not own or operate
						  a residual waste disposal impoundment unless the Department has first issued a
						  permit to the person or municipality for the facility under this
						  chapter.
(b) A person or
						  municipality may conduct monitoring under §
													289.123 (relating to groundwater
						  quality description) without a permit from the Department if the Department has
						  given written approval for the monitoring based on written plans that are
						  consistent with this chapter.
(c) A
						  person or municipality that operates a residual waste disposal impoundment
						  shall comply with the following:
(1) The act,
						  this article and other applicable regulations promulgated under the
						  act.
(2) The plans and
						  specifications in the permit, the terms and conditions of the permit, the
						  environmental protection acts, the Department's regulations and orders issued
						  by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › GENERAL PROVISIONS › Section 289.202 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator
						  shall submit a certification by a Pennsylvania registered professional engineer
						  on forms provided by the Department upon completion of each major construction
						  activity identified in the permit for each phase or sequence of construction at
						  the facility. Major construction activities include:
(1) Construction of the groundwater
						  monitoring system.
(2) Construction
						  of the subbase.
(3) Construction of
						  the secondary liner.
(4)
						  Construction of the leachate detection zone.
(5) Construction of the primary
						  liner.
(6) Construction of the
						  protective cover and the collection system within the protective
						  cover.
(7) Construction of a
						  leachate treatment facility.
(8)
						  Construction of a sedimentation pond.
(9) Closure.
(10) Final closure.
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 C - OPERATING REQUIREMENTS › WASTE LIMITATIONS › Section 289.211 - Waste analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator shall inspect each load in accordance with its approved plan under
						  §
													287.134 (relating to waste
						  analysis plan) to ensure compliance with that section, §
													289.201 (relating to basic
						  limitations) and whichever of the following sections is applicable:
(1) Section
						  289.423 (relating to minimum
						  requirements for acceptable waste).
(2) Section
						  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 C - OPERATING REQUIREMENTS › WASTE LIMITATIONS › Section 289.212 - Waste solidification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality may not dispose of residual waste at a residual waste
						  disposal impoundment unless the waste meets both of the following:
(1) The free liquid fraction of the waste
						  shall readily separate from the solid fraction and shall be collected and
						  discharged in accordance with this chapter.
(2) The waste shall solidify by a chemical or
						  physical process concurrently with disposal or within the shortest period of
						  time technologically practicable. Except for impoundments subject to
						  §§
														289.438(c) and
						  289.537(c)
						  (relating to leachate collection system within protective cover; and leachate
						  collection system within protective cover), the waste shall solidify prior to
						  closure.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.221 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Permanent
						  physical elevation markers for the impoundment area shall be:
(1) Posted and maintained for the duration of
						  the operations to which they pertain.
(2) Clearly visible, readable and uniform
						  throughout the operation.
(3)
						  Permanently fixed and made of a durable material.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.222 - Access control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
						  facilities except local captive facilities the following requirements apply:
(1) A gate or other barrier shall be
						  maintained at potential vehicular access points to block unauthorized access to
						  the site when an attendant is not on duty.
(2) The operator shall maintain a fence or
						  other suitable barrier around the site, including impoundments, lagoons,
						  leachate collection and treatment systems and gas processing facilities,
						  sufficient to prevent unauthorized access.
(3) Access to the site shall be limited to
						  times when an attendant is on duty.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.223 - Access roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Access
						  roads shall be designed, constructed and maintained to prevent erosion to the
						  maximum extent possible and to prevent contributions of sediment to streams or
						  runoff outside the site.
(b)
						  Crossing of a perennial or intermittent stream or a wetland shall be made using
						  bridges, culverts or similar structures. Bridges, culverts or other
						  encroachments or water obstructions shall meet the requirements of Chapter 105
						  (relating to dam safety and waterway management).
(c) An access road shall have a drainage
						  system that is compatible with the natural drainage system, structurally stable
						  and which will pass safely the peak flow from a 25-year, 24-hour precipitation
						  event. For roads that are used or in existence for more than 30 days, the
						  drainage system shall include sloped or crowned road surfaces, cross drains or
						  culverts, stabilized ditches, erosion resistant surfacing, sediment traps and
						  other appropriate sediment control measures as required by §
													289.252 (relating to soil erosion
						  and sedimentation control).
(d) An
						  access road shall be paved or surfaced with asphalt, gravel, cinders or other
						  equivalent material approved by the Department in the permit. An access road
						  shall be capable of withstanding the load limits projected by the applicant
						  under §
													289.134 (relating to plan for
						  access roads). The maximum sustained grade of an access road may not exceed 12%
						  unless otherwise approved by the Department for captive facilities.
(e) Except for captive facilities where the
						  Department has set forth alternate requirements in the permit and except for
						  roads not leading to the disposal area, the disposal impoundment shall maintain
						  a minimum cartway width of one of the following:
(1) Twenty-two feet for two-way
						  traffic.
(2) Twelve feet for
						  one-way traffic with pull-off intervals every 100 yards or a greater distance
						  where there is a clear view of approaching vehicles.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.224 - Measurement and inspection of waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For a noncaptive facility that has
						  received, is receiving or will receive 30,000 or more cubic yards of solid
						  waste in a calendar year, the following apply:
(1) Except as provided in paragraph (2), the
						  operator shall weigh solid waste when it is received. The scale used to weigh
						  solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to the Consolidated
						  Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmasters).
						  The operator of the scale shall be a licensed public weighmaster under 3
						  Pa.C.S. Chapter 41 and 70 Pa. Code Part I.
(2) The Department may approve, in the
						  permit, an alternative method of accurately measuring waste when it is
						  received.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.225 - Equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator
						  shall maintain on the site equipment necessary for the operation of the
						  facility in accordance with the permit. The equipment shall be maintained in an
						  operable condition.
(b) If a
						  breakdown of the operator's equipment occurs, the operator shall utilize
						  standby equipment as necessary to comply with the act, the environmental
						  protection acts, this subchapter and permit conditions.
This section cited in 25 Pa. Code §
															289.132 (relating to operation
								plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.226 - Unloading

Current through Register Vol. 54, No. 28, July 13, 2024
The following apply at each facility other than a
							 local captive facility:
(1) An
						  attendant or clearly marked signs shall direct vehicles to the unloading
						  area.
(2) The operator shall ensure
						  that collection vehicles unload waste promptly in unloading areas.
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.227 - Air resources protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator shall implement fugitive air contaminant control measures and
						  otherwise prevent and control air pollution in accordance with the Air
						  Pollution Control Act (35 P. S. §§
														4001-4015); Article III (relating to air
						  resources) and §
													289.228 (relating to nuisance
						  minimization and control). Minimization and control measures shall include the
						  following:
(1) Ensuring that operation of the
						  facility will not cause or contribute to an exceedance of an ambient air
						  quality standard under §
														131.3 (relating to ambient air
						  quality standards).
(2) Ensuring
						  that no open burning occurs at the facility.
(3) Minimizing the generation of fugitive
						  dust emissions from 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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.228 - Nuisance minimization and control

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Vectors
. An operator may
						  not cause or allow the attraction, harborage or breeding of vectors.
(b)
Odors
.
(1) An operator shall implement the plan
						  approved under §
														289.136 (relating to nuisance
						  minimization and control plan) to minimize and control public nuisances from
						  odors. If the Department determines during operation of the facility that the
						  plan is inadequate to minimize or control public nuisances, the Department may
						  modify the plan or require the operator to modify the plan and obtain
						  Department approval.
(2) An
						  operator shall perform regular, frequent and comprehensive site inspections to
						  evaluate the effectiveness of cover, capping, gas collection and destruction,
						  waste acceptance and all other waste management practices in reducing the
						  potential for offsite odor creation.
(3) An operator shall promptly address and
						  correct problems and deficiencies discovered in the course of inspections
						  performed under paragraph (2).
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.229 - Daily volume

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or
						  municipality operating a residual waste impoundment may not receive solid waste
						  at the impoundment in excess of the maximum or average daily volume approved in
						  the permit.
(b) The average daily
						  volume is a limit on the volume of solid waste that is permitted to be received
						  at the facility, and shall be computed annually by averaging the total volume
						  received over the year.
This section cited in 25 Pa. Code §
															289.303 (relating to annual
								operation report).
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 C - OPERATING REQUIREMENTS › DAILY OPERATIONS › Section 289.230 - Radiation monitoring and response for noncaptive residual waste disposal impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  operator shall implement the action plan approved under §
													289.138 (relating to radiation
						  protection action plan).
(b) An
						  operator shall monitor incoming waste in accordance with the Department's
						  "
Guidance Document on Radioactivity Monitoring at Solid Waste
						  Processing and Disposal Facilities
," Document Number 250-3100-001, or
						  in a manner at least as protective of the environment, facility staff and
						  public health and safety. Monitoring shall meet the requirements of this
						  section and the facility's approved radiation protection action plan.
(c) Radiation detector elements shall be as
						  close as practical to the waste load and in an appropriate geometry to monitor
						  the waste. The radiation monitoring system shall be set to alarm at a level no
						  higher than 10 microroentgen per hour (uR/hr) above the average background at
						  the facility when any of the radiation detector elements is exposed to a
						  Cesium-137 gamma radiation field. Radiation detector elements shall be shielded
						  to maintain the average background below 10 uR/hr. If capable of energy
						  discrimination, the radiation monitoring system shall be set to detect gamma
						  rays of a 50 kiloelectron volt (keV) energy and higher.
(d) An operator shall have portable radiation
						  monitors capable of determining the radiation dose rate and presence of
						  contamination on a vehicle that has caused an alarm. Upon a confirmed
						  exceedance of the alarm level in subsection (c), a radiological survey of the
						  vehicle shall be performed.
(e) An
						  operator shall notify the Department immediately and isolate the vehicle when
						  radiation dose rates of 20 µSv/hr (2 mrem/hr) or greater are detected in
						  the cab of a vehicle, 500 µSv/hr (50 mrem/hr) or greater are detected
						  from any other surface, or contamination is detected on the outside of the
						  vehicle.
(f) Monitoring equipment
						  shall be calibrated at a frequency specified by the manufacturer, but not less
						  than once a year.
(g) If
						  radioactive material is detected, the vehicle containing the radioactive
						  material may not leave the facility without written Department approval and an
						  authorized Federal Department of Transportation Exemption Form.
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 C - OPERATING REQUIREMENTS › COVER AND REVEGETATION › Section 289.241 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › COVER AND REVEGETATION › Section 289.242 - Cover

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator
						  shall place final cover within 1 year after closure. The Department may require
						  placement and revegetation of an intermediate cover that meets the requirements
						  of §
													288.233 (relating to intermediate
						  cover and slopes), during the period between closure and construction of the
						  final cover system.
(b) Except as
						  provided in subsection (c), the operator shall provide final cover in the
						  following manner:
(1) A cap shall be placed
						  and graded over the entire surface of each final lift. The cap may be no more
						  permeable than 1.0 x 10-7 cm/sec. The following
						  performance standards for the cap shall be met:
(i) The cap shall minimize the migration of
						  precipitation into the landfill.
(ii) The cap shall be resistant to physical
						  and chemical failure.
(iii) The cap
						  shall cover all areas where waste is disposed.
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 C - OPERATING REQUIREMENTS › COVER AND REVEGETATION › Section 289.243 - Noncontiguous borrow areas

Current through Register Vol. 54, No. 28, July 13, 2024
Extraction and removal of cover and related material
							 from offsite borrow areas shall be subject to the Noncoal Surface Mining
							 Conservation and Reclamation Act (51 P. S. §§
														3301-3326), The Clean Streams Law, and
							 regulations promulgated thereunder, including Chapter 102 (relating to erosion
							 and sediment control). Borrow areas located less than 300 feet from the
							 disposal area shall be included in the permit area for the disposal facility as
							 part of the permit application under this article.
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 C - OPERATING REQUIREMENTS › COVER AND REVEGETATION › Section 289.244 - Revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation
						  shall be established on land affected by a residual waste disposal
						  impoundment.
(b) Revegetation shall
						  provide for an effective and permanent vegetative cover of the same seasonal
						  variety as vegetation native to the site and capable of self-regeneration and
						  plan succession. Introduced species may be used when desirable and necessary to
						  achieve the approved postclosure land use. Vegetative cover shall be considered
						  of the same seasonal variety when it consists of a mixture of species that is
						  of equal or superior utility to native vegetation during each season of the
						  year.
(c) Revegetation shall
						  provide a quick germinating, fast-growing vegetative cover capable of
						  stabilizing the soil surface from erosion.
(d) Disturbed areas shall be seeded and
						  planted when weather and planting conditions permit, but the seeding and
						  planting of disturbed areas shall be performed by the first normal period for
						  favorable planting after final grading.
(e) Fertilizer and lime shall be applied to
						  disturbed areas as necessary to maintain plant growth.
(f) Mulch shall be applied to regraded areas
						  where necessary to control erosion, promote germination of seeds and increase
						  the moisture retention of the soil.
This section cited in 25 Pa. Code §
															289.142 (relating to revegetation
								plan); 25 Pa. Code §
															289.242 (relating to cover); and
								25 Pa. Code §
															289.252 (relating to soil erosion
								and sedimentation control).
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 C - OPERATING REQUIREMENTS › COVER AND REVEGETATION › Section 289.245 - Standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standard for successful revegetation
						  shall be the percent of ground cover of the vegetation which exists on the
						  site. The Department will not approve less than a 70% ground cover of permanent
						  plant species. No more than 1% of the total area may have less than 30% ground
						  cover. A single or contiguous area exceeding 3,000 square feet may not have
						  less than 30% ground cover.
(b)
						  Trees, woody shrubs or deep rooted plants may not be planted or allowed to grow
						  on the revegetated area of capped sites, unless otherwise allowed by the
						  Department in the permit based on a demonstration that roots will not penetrate
						  the cap or drainage layer.
This section cited in 25 Pa. Code §
															289.142 (relating to revegetation
								plan); 25 Pa. Code §
															289.242 (relating to cover); and
								25 Pa. Code §
															289.252 (relating to soil erosion
								and sedimentation control).
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 C - OPERATING REQUIREMENTS › WATER QUALITY PROTECTION › Section 289.251 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator may not cause or allow a point or nonpoint source discharge in
						  violation of The Clean Streams Law from or on the facility to surface waters of
						  the Commonwealth.
(b) A residual
						  waste disposal impoundment shall be operated to prevent and control water
						  pollution. An operator shall operate and maintain necessary water treatment
						  facilities until water pollution from the facility has been permanently
						  abated.
(c) The operator may not
						  cause or allow water pollution within or outside the site.
This section cited in 25 Pa. Code §
															289.253 (relating to sedimentation
								ponds).
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 C - OPERATING REQUIREMENTS › WATER QUALITY PROTECTION › Section 289.252 - Soil erosion and sedimentation control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall manage surface water
						  and control soil erosion and sedimentation, based on the 24-hour precipitation
						  event in inches to be expected once in 25 years.
(b) The operator shall:
(1) Prevent or minimize surface water run-on
						  into the solid waste deposited at the facility.
(2) Meet the requirements of Chapter 102
						  (relating to erosion and sediment control).
(3) Prevent soil erosion and sedimentation to
						  the maximum extent possible.
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 C - OPERATING REQUIREMENTS › WATER QUALITY PROTECTION › Section 289.253 - Sedimentation ponds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface
						  drainage from the disturbed area, including areas that have been graded, seeded
						  or planted, shall be passed through a sedimentation pond or a series of
						  sedimentation ponds before leaving the site. The Department may, in the permit,
						  waive the required use of sedimentation ponds when a person or municipality
						  demonstrates to the satisfaction of the Department that sedimentation ponds are
						  not necessary to meet the requirements of §
													289.251 (relating to general
						  requirements).
(b) Sedimentation
						  ponds shall be constructed, operated and maintained under this section and
						  Chapter 102 and 105 (relating to erosion and sediment control; and dam safety
						  and waterway management) and the minimum design criteria contained in the
						  United States Soil Conservation Service's Engineering Standard 378, "Pond'
						  Pa.
(c) Sedimentation ponds and
						  other treatment facilities shall be maintained until removal of the ponds and
						  facilities is approved by the Department.
(d) Ponds shall include a nonclogging
						  dewatering device approved by the Department that will permit the draining of
						  the water from the pond. The dewatering device may not be located at a lower
						  elevation than the maximum elevation of the sedimentation storage
						  volume.
(e) Ponds shall be
						  designed, constructed and maintained to prevent short circuiting to the maximum
						  extent possible.
(f) The design,
						  construction and maintenance of a sediment pond under this section does not
						  relieve the person or municipality that operates a facility of the
						  responsibility for complying with the applicable treatment requirements and
						  effluent limitations established under § 289.251.
(g) At a minimum, sedimentation ponds shall
						  be capable of managing the runoff resulting from a 25-year, 24-hour
						  precipitation event.
This section cited in 25 Pa. Code §
															289.151 (relating to soil erosion
								and sedimentation control plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › WATER QUALITY PROTECTION › Section 289.254 - Discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharges from dams, ponds, embankments,
							 impoundments and diversions shall be controlled by energy dissipaters, riprap
							 channels or other devices when necessary to reduce erosion, to prevent
							 deepening or enlargement of stream channels and to minimize disturbance to
							 surface and groundwater. Discharge structures shall be designed and maintained
							 according to standard engineering design procedures, and shall meet the
							 requirements of Chapter 105 (relating to dam safety and waterway
							 management).
This section cited in 25 Pa. Code §
															289.151 (relating to soil erosion
								and sedimentation control plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › WATER QUALITY PROTECTION › Section 289.255 - Water supply replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality operating a residual waste disposal impoundment which
						  adversely affects a water supply by degradation, pollution or other means shall
						  restore the affected supply at no additional cost to the owner or replace the
						  affected water supply with an alternate source that is of like quantity and
						  quality to the original supply at no additional cost to the owner.
(b) A temporary water supply shall be
						  provided as soon as practicable but not later than 48 hours after one of the
						  following:
(1) Receipt of information showing
						  that the operator is responsible for adversely affecting the water
						  supply.
(2) Receipt of notice from
						  the Department that the operator is responsible for adversely affecting the
						  water supply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.261 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality that operates a residual waste disposal impoundment
						  shall install, operate and maintain a monitoring system that can detect the
						  entry of solid waste, solid waste constituents, leachate, contaminants,
						  degradation or constituents of decomposition into the ground or surface water.
						  The monitoring system shall comply with this section and §§
						  289.262-289.268.
(b) A person may
						  not construct, install or use a monitoring system for a residual waste disposal
						  impoundment until that system has first been approved by the Department in
						  writing.
This section cited in 25 Pa. Code §
															287.102 (relating to
								permit-by-rule); 25 Pa. Code §
															289.123 (relating to groundwater
								quality description); 25 Pa. Code §
															289.152 (relating to water quality
								monitoring plan); and 25 Pa. Code §
															299.144 (relating to operating
								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 C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.262 - Number, location and depth of monitoring points

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The water quality monitoring system shall
						  accurately characterize groundwater flow, groundwater chemistry and flow
						  systems on the site and adjacent area. The system shall consist, at a minimum,
						  of the following:
(1) At least one monitoring
						  well at a point hydraulically upgradient from the disposal area in the
						  direction of increasing static head that is capable of providing representative
						  data of groundwater not affected by the facility, except when the facility
						  occupies the most upgradient position in the flow system. In that case,
						  sufficient downgradient monitoring wells shall be placed to determine the
						  extent of adverse effects on groundwater from the facility.
(2) At least three monitoring wells at points
						  hydraulically downgradient in the direction of decreasing static head from the
						  area in which solid waste has been or will be disposed. In addition to the
						  downgradient wells, the Department may allow one or more springs for monitoring
						  points if the springs are hydraulically downgradient from the area in which
						  solid waste has been or will be disposed, if the springs are developed and
						  protected in a manner approved by the Department and if the springs otherwise
						  meet the requirements of this subchapter.
(3) A leachate detection system for the
						  disposal area, when required for the facility.
(4) A leachate collection system for the
						  disposal areas, when required for the facility.
(5) Surface water monitoring points approved
						  by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.263 - Standards for wells and casing of wells

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Monitoring wells shall be cased as
						  follows:
(1) The casing shall maintain the
						  integrity of the monitoring well borehole and shall be constructed of material
						  that will not react with the groundwater being monitored.
(2) The minimum casing diameter shall be 4
						  inches unless otherwise approved by the Department in writing.
(3) The well shall be constructed with a
						  screen that meets the following requirements:
(i) The screen shall be
						  factory-made.
(ii) The screen may
						  not react with the groundwater being monitored.
(iii) The screen shall maximize open area to
						  minimize entrance velocities and allow rapid sample recovery.
(4) The well shall be
						  filter-packed with chemically inert clean quartz sand, silica or glass beads.
						  The material shall be well rounded and dimensionally stable.
(5) The casing shall be clearly visible and
						  protrude at least 1 foot above the ground, unless the Department has approved
						  flush mount wells.
(6) The annular
						  space above the sampling depth shall be sealed to prevent contamination of
						  samples and the groundwater.
(7)
						  The casing shall be designed and constructed in a manner that prevents cross
						  contamination between surface water and groundwater.
(8) Alternative casing designs for wells in
						  stable formations may be approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.264 - Sampling and analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality operating a residual waste disposal impoundment shall
						  conduct sampling and analysis from each monitoring point for the following
						  parameters at the following frequencies:
(1)
						  Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride,
						  chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate,
						  total alkalinity, total dissolved solids, total organic carbon, turbidity,
						  iron, manganese, magnesium, potassium and sodium.
(2) Quarterly, for groundwater elevations in
						  monitoring wells recorded as a distance from the elevation at the well head
						  referenced to mean sea level based on United States Geological Survey
						  datum.
(3) Annually, for total and
						  dissolved concentrations for each of the following: barium, cadmium, chromium,
						  copper, lead, mercury, selenium, silver and zinc.
(4) Annually, for the following volatile
						  organic compounds: Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane,
						  1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans
						  isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene
						  chloride, toluene, ethylbenzene, benzene and xylene.
(5) Other constituents contained in the waste
						  that may leach into the environment, as determined under §
														287.132 (relating to chemical
						  analysis of waste). The quarterly analysis shall be adjusted to reflect
						  parameters detected from leachate analysis under §
														289.456 or §
														289.556 (relating to leachate
						  analysis; and sludge handling).
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 C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.265 - Reporting of analysis results and data evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
Analyses of data required by this subchapter shall be
							 submitted, on a form provided by the Department, within 60 days of sampling or
							 15 days after completion of analyses, whichever is sooner, unless the
							 Department approves another time period in the permit. The data analysis shall
							 be accompanied by a data evaluation as required by §
													289.152(b)(4) 
							 (relating to water quality monitoring plan).
This section cited in 25 Pa. Code §
															287.102 (relating to
								permit-by-rule); 25 Pa. Code §
															289.152 (relating to water quality
								monitoring plan); 25 Pa. Code §
															289.261 (relating to general
								requirements); and 25 Pa. Code §
															299.144 (relating to operating
								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 C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.266 - Groundwater assessment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement
. A person or municipality operating a residual
						  waste disposal impoundment shall prepare and submit to the Department a
						  groundwater assessment plan within 60 days after one of the following occurs:
(1) Data obtained from monitoring by the
						  Department or the operator indicates groundwater degradation at any monitoring
						  point.
(2) Laboratory analysis of
						  one or more public or private water supplies indicates groundwater degradation
						  that could reasonably be attributed to 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 C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.267 - Abatement plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator of a residual waste disposal impoundment shall prepare and submit to
						  the Department an abatement plan when one of the following occurs:
(1) The groundwater assessment plan prepared
						  and implemented under §
														289.266 (relating to groundwater
						  assessment plan) shows the presence of groundwater degradation for one or more
						  contaminants at one or more monitoring points and the analysis under §
														289.266(c) 
						  indicates that an abatement standard under subsection (c) will not be
						  met.
(2) Monitoring by the
						  Department or operator shows the presence of an abatement standard exceedance
						  for one or more contaminants from one or more compliance points as indicated in
						  subsection (c) even if a groundwater assessment plan has not been completed.
						  The operator is not required to implement an abatement plan under this
						  paragraph if the following apply:
(i) Within
						  10 days after receipt of sample results showing an exceedance of an abatement
						  standard at a point of compliance described in subsection (c), the operator
						  resamples the affected wells.
(ii)
						  Analysis from resampling shows to the Department's satisfaction that an
						  exceedance of an abatement standard has not occurred.
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 C - OPERATING REQUIREMENTS › WATER QUALITY MONITORING › Section 289.268 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality subject to the requirements
							 of this subchapter shall retain records of analyses and evaluations of
							 monitoring data and groundwater elevations required under this subchapter until
							 release of the bonds, and shall make the records available to the Department
							 upon request.
This section is cited in 25 Pa. Code §
															287.102 (relating to
								permit-by-rule); 25 Pa. Code §
															289.152 (relating to water quality
								monitoring plan); 25 Pa. Code §
															289.261 (relating to general
								requirements); and 25 Pa. Code §
															299.144 (relating to operating
								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 C - OPERATING REQUIREMENTS › IMPOUNDMENTS › Section 289.271 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Impoundments shall be designed, constructed, operated and maintained in
						  accordance with the following:
(1) An
						  impoundment shall have sufficient freeboard to prevent overtopping, including
						  overtopping caused by the 24-hour precipitation event in inches to be expected
						  once in 25 years. The freeboard may not be less than 2 feet.
(2) The dike shall have sufficient structural
						  integrity to prevent failure. The liner system of the impoundment may not be
						  considered in determining the structural integrity of the dike.
(3) The dike shall be capable of withstanding
						  anticipated static and dynamic loadings with a minimum safety factor for the
						  most critical failure surface of 1.5 for static loading and 1.2 for dynamic
						  loading.
(4) An impoundment shall
						  be equipped so that flow of residual waste into the impoundment can be shut off
						  immediately.
(5) Dikes and berms
						  shall be free of burrowing mammals and plants with root systems capable of
						  displacing earthen materials upon which the structural integrity of the dikes
						  or berms is dependent.
(6) An
						  impoundment shall be surrounded by structures sufficient to prevent surface
						  runoff from a 25-year, 24-hour precipitation event from entering the
						  impoundment.
(7) Odors and the
						  dispersal of residual waste or waste constituents by wind and water erosion
						  shall be prevented.