Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 287.101 - General requirements for permit

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 or
						  processing facility unless the person or municipality has first applied for and
						  obtained a permit for the activity from the Department under this
						  article.
(b) A person or
						  municipality is not required to obtain a permit under this article, comply with
						  the bonding or insurance requirements of Subchapter E (relating to bonding and
						  insurance requirements) or comply with Subchapter B (relating to duties of
						  generators) for one or more of the following:
(1) Agricultural waste produced in the course
						  of normal farming operations, if the waste is not hazardous. An agricultural
						  waste will be presumed to be produced in the course of normal farming
						  operations if its application is consistent with that for normal farming
						  operations. A person managing mushroom waste shall implement best management
						  practices. The Department will prepare a manual for the management of mushroom
						  waste which identifies best management practices and may approve additional
						  best management practices on a case-by-case basis. If a person fails to
						  implement best management practices for mushroom waste, the Department may
						  require compliance with the land application, composting and storage operating
						  requirements of Chapters 291, 295 and 299 (relating to land application of
						  residual waste; composting facilities for residual waste; storage and
						  transportation of residual waste).
(2) The use of food processing waste or food
						  processing sludge in the course of normal farming operations if the waste is
						  not hazardous. A person managing food processing waste shall implement best
						  management practices. The Department will prepare a manual for the management
						  of food processing waste which identifies best management practices and may
						  approve additional best management practices on a case-by-case basis. If a
						  person fails to implement best management practices for food processing waste,
						  the Department may require compliance with the land application, composting and
						  storage operating requirements of Chapters 291, 295 and 299.
(3) The beneficial use of coal ash under
						  Chapter 290 (relating to beneficial use of coal ash).
(4) The activities described in §
						  287.2(e)-(h) (relating to scope).
(5) The processing or disposal of residual
						  waste described in §
														287.2(b) that is
						  subject to a permit issued by the Department under Article VIII (relating to
						  municipal waste).
(6) The use as
						  clean fill of the materials in subparagraphs (i) and (ii) if they are separate
						  from other waste. The person using the material as clean fill has the burden of
						  proof to demonstrate that the material is clean fill.
(i) The following materials, if they are
						  uncontaminated: soil, rock, stone, gravel, brick and block, concrete and used
						  asphalt.
(ii) Waste from land
						  clearing, grubbing and excavation, including trees, brush, stumps and
						  vegetative material.
(7)
						  Processing that results in the beneficial use of scrap
						  metal.