Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS-GENERAL › Section 289.523 - Minimum requirements for acceptable waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or municipality may not dispose
						  of residual waste at a Class II residual waste disposal impoundment unless the
						  waste meets the following criteria:
(1) The
						  residual waste may not be of a type from which the maximum concentration
						  obtained for a contaminant, based on a chemical analysis of its leachate
						  submitted under §
														287.132 (relating to chemical
						  analysis of waste), and approved by the Department, exceeds 50 times the waste
						  classification standard for that contaminant. If analytical quantification
						  limits prevent determination of the acceptability of a residual waste under
						  this paragraph, the Department may consider the total analysis of the waste as
						  well as the physical and chemical characteristics of the contaminant in making
						  a determination of acceptability of the waste at the facility.
(2) Notwithstanding the limitation in
						  paragraph (1), the Department may authorize the disposal of residual waste at a
						  monofill if the waste is of a type from which the maximum concentration
						  obtained for a contaminant, based on a chemical analysis of its leachate
						  submitted under § 287.132, exceeds 50 times the SMCL for that contaminant
						  if the SMCL is the waste classification standard for the contaminant. The
						  Department may authorize the disposal of the waste only upon a demonstration
						  that disposal of the waste at the facility will not cause groundwater
						  degradation that exceeds the SMCL for a contaminant at a monitoring point or
						  groundwater degradation that exceeds background levels at the property boundary
						  for the contaminant.
(3) Even if a
						  waste meets the requirements of this section, and the Department has previously
						  authorized the disposal of the waste at the facility, the Department may
						  require that the waste be disposed at a Class I disposal impoundment if one of
						  the following apply:
(i) Monitoring data
						  indicate that the waste or contaminants of the waste are migrating from the
						  impoundment.
(ii) The approved
						  chemical and leaching analysis no longer accurately predicts the leachability
						  of the waste.
(4) The
						  Department may authorize a facility which disposes of a waste in accordance
						  with a permit under this article to continue to dispose of the waste at the
						  facility although a waste classification standard for a contaminant has been
						  changed so that the waste would no longer meet the criteria for disposal of the
						  waste at the facility under paragraph (1), if the operator of the facility
						  demonstrates to the Department's satisfaction that disposal of the waste will
						  not cause groundwater degradation that exceeds the waste classification
						  standard for a contaminant at a monitoring point or groundwater degradation
						  that exceeds background levels at the property boundary for a
						  contaminant.
(5) If more than one
						  type of waste or waste contaminants are identified in the chemical and leaching
						  analysis, the waste shall be disposed at the most protective type of facility
						  required for the waste types and waste contaminants identified in the
						  analysis.
(6) Neither residual
						  waste nor leachate from the waste will adversely affect the ability of the
						  liner system to prevent groundwater degradation.
(7) Leachate generated from the residual
						  waste will be treated by the facility's leachate treatment system in accordance
						  with applicable laws and in a manner that will protect public health, safety
						  and the environment.
(8) The
						  residual waste will not react, combine or otherwise interact with other waste
						  that is or will be disposed at the facility in a manner that will adversely
						  affect the ability of the liner system to prevent groundwater
						  degradation.
(9) The residual waste
						  shall have a pH between 5.0 and 12.5 unless otherwise specified by the
						  Department in the permit. The pH may be adjusted to meet this
						  requirement.
(10) The residual
						  waste may not be allowed to react, combine or otherwise interact with other
						  waste or materials to endanger public health, safety and welfare or the
						  environment by generating extreme heat or pressure, fire or explosion, or toxic
						  mists, fumes, dusts or vapors. The potential for this interaction shall be
						  determined using the procedure set forth in the EPA's "A Method for Determining
						  the Compatibility of Hazardous Wastes" (EPA-600/2-80 076) or another equivalent
						  method approved by the Department in the permit.
(11) The physical characteristics of the
						  waste will not cause or contribute to structural instability or other operating
						  problems at the site.