Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › TRANSITION SYSTEM FOR EXISTING FACILITIES › Section 287.112 - Storage impoundments and storage facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will modify each permit
						  for a residual waste storage impoundment that was issued under the act or The
						  Clean Streams Law before July 4, 1992, to require that the facility will be
						  cleaned out and emptied in accordance with the schedule that the operator of
						  the facility described in the notice required by §
													287.111 (relating to notice by
						  impoundments and unpermitted processing or disposal facilities).
(b) Within 6 months after receiving written
						  notification from the Department, an operator of a residual waste storage
						  impoundment that has not submitted a water quality monitoring plan with the
						  notice required by §
													287.111 shall submit the plan to
						  the Department.
(c) The operator of
						  a residual waste storage impoundment shall implement a water quality monitoring
						  plan that meets the requirements of this article within 6 months after the
						  Department approves the plan.
(d)
						  By July 4, 2002, a person or municipality may not store waste in a residual
						  waste storage impoundment unless the operator of the facility has implemented a
						  water quality monitoring plan that has been approved by the Department and that
						  meets the requirements of this article.
(e) Each operator of a residual waste storage
						  impoundment shall comply with the operating requirements of this article prior
						  to receiving a permit from the Department under this article, except §
													299.144(a)(10) and
						  (11) (relating to operating requirements).
						  Nothing in this subsection prevents the Department from requiring the operator
						  of a residual waste storage impoundment to take measures to abate offsite
						  leachate migration, groundwater degradation, offsite air emissions, or another
						  public nuisance or threat of harm to public health, safety, welfare or the
						  environment caused by the operator's failure to comply with §
													299.144(a)(10) and
						  (11) prior to receiving a permit from the
						  Department.
(f) Modification of
						  operating requirements on repermitting are as follows:
(1) For residual waste storage impoundments
						  permitted and constructed on or before July 4, 1992, the Department may waive
						  or modify the liner system and leachate treatment system requirements that
						  would otherwise be applicable under this article if the following conditions
						  are met:
(i) The Department has approved a
						  groundwater monitoring system for the facility and the system has been
						  installed.
(ii) The operator
						  demonstrates based on sampling and analysis data taken by the operator or the
						  Department that groundwater degradation from the facility does not exceed one
						  of the following for any contaminant:
(A) The
						  Statewide health standard for the contaminant at the property
						  boundary.
(B) The background
						  standard for the contaminant at the property
						  boundary.