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 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter H - BENEFICIAL USE › SCOPE › Section 287.601 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  sets forth requirements for the processing and beneficial use of residual
						  waste. Sections
						  287.611,
						  287.612,
						  287.621-287.625,
						  287.631,
						  287.632,
						  287.641-287.643,
						  287.651 and 287.652 establish
						  procedures and standards for general permits for the beneficial use or
						  processing of residual waste.
(b)
						  An operation that is approved by or under this subchapter does not require an
						  individual processing or disposal permit under this article. The requirements
						  of Chapter 287, Subchapters A-G and Chapters 288, 289, 291, 293, 295, 297 and
						  299 are applicable to the extent required in §
													287.632 (relating to waiver and
						  modification of requirements).
This section cited in 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and
								permits).
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 H - BENEFICIAL USE › GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN USES OF COAL ASH AUTHORIZATION AND LIMITATIONS › Section 287.611 - Authorization for general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance with §§
													287.612,
						  287.621-287.625,
						  287.631,
						  287.632,
						  287.641-287.644,
						  287.651 and
						  287.652 and this section, 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 residual waste
						  when 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. At a minimum, the 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.
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 H - BENEFICIAL USE › GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN USES OF COAL ASH AUTHORIZATION AND LIMITATIONS › Section 287.612 - Nature of a general permit; substitution for individual applications and permits

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 residual waste on either a regional or Statewide basis,
						  persons or municipalities who intend to beneficially use or process residual
						  waste in accordance with the terms and conditions of the general permit and
						  this subchapter may do so without filing an individual application for, and
						  first obtaining, an individual permit, if the persons or municipalities comply
						  with §§ 287.601, 287.611, 287.621-287.625, 287.631, 287.632,
						  287.641-287.644, 287.651, 287.652 and this section.
(b) The use of an applicable general permit
						  for the beneficial use or processing of residual waste shall satisfy the permit
						  requirements set forth in §
													287.101 (relating to general
						  requirements for permit) 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 authorized to operate under the applicable general permit in accordance with
						  §
														287.641 (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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.622 - 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 §
													287.642 (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 60 days of receipt of the application, return it to the applicant, along
						  with a written statement of the specific analyses, fees, documents or
						  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 §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.623 - 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 shall include:
(1) A brief description
						  of the category of waste and the category of beneficial use or processing of
						  residual waste which is identified in the application.
(2) The Departmental 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 IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.624 - Approval or denial of an application

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may not issue a general permit for a
							 category of beneficial use or processing of residual waste unless the applicant
							 has affirmatively demonstrated the following:
(1) The application for the general permit is
						  accurate and complete and the requirements of §§
													287.611,
						  287.612, 287.621-287.625, 287.631,
						  287.632, 287.641-287.644, 287.651 and 287.652 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 the proposed beneficial use or processing activities and afterwards. At
						  a minimum, the 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
						  residual 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 residual waste does not interfere with the proposed
						  beneficial use.
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); and 25
								Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.625 - 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 residual 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)
						  shall include the following:
(1) A clear and
						  specific description of the category of waste and the category of beneficial
						  use or processing of residual waste eligible for coverage under the proposed
						  general permit.
(2) The standards
						  in §
														287.611(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.
(4) A brief description of
						  the procedures for public comment on the general permit in accordance with this
						  subchapter.
(5) The Departmental
						  address and telephone number at which interested persons or municipalities may
						  obtain further information and review a copy of the proposed general
						  permit.
(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.
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 H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.626 - Permit renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or
						  municipality that plans to process or beneficially use residual waste after the
						  expiration of the term set forth 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.
(b) A permit renewal may include all persons
						  or municipalities that have applied for renewal within the time period provided
						  in subsection (a). A person or municipality that does not meet the time period
						  provided 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.
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 H - BENEFICIAL USE › CONTENT OF GENERAL PERMITS AND WAIVERS › Section 287.632 - Waiver and modification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operation that is approved under this
						  subchapter is subject to this article.
(b) The Department may waive or modify any
						  application and operating requirements in this article, except the Department
						  will not waive §
													287.123 (relating to right of
						  entry) and will not waive or modify Subchapter A, §§
													287.124,
						  287.125 and
						  287.128, Subchapter E in
						  accordance with Section 287.621(d) or Subchapter F.
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › REGISTRATION AND DETERMINATION OF APPLICABILITY › Section 287.641 - Inclusion in a general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or municipality is authorized to operate under a general permit if one
						  of the following occurs:
(1) The applicable
						  general permit requires persons or municipalities to register with the
						  Department prior to operating under the general permit, and the person or
						  municipality has registered in accordance with the terms of the general
						  permit.
(2) The applicable general
						  permit requires persons or municipalities to apply for and obtain a
						  determination of applicability from the Department prior to operating under the
						  general permit, and the Department has made this
						  determination.
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 H - BENEFICIAL USE › REGISTRATION AND DETERMINATION OF APPLICABILITY › Section 287.643 - Registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
						  sets forth standards and procedures that are applicable to general permits
						  which require persons or municipalities to register with the Department prior
						  to operating under the general permit. The requirements of this section are in
						  addition to the applicable requirements of §
													287.641 (relating to inclusion in
						  a general permit).
(b) A
						  registration to operate under a general permit shall be accompanied by a
						  nonrefundable fee in the form of a check payable to the "Commonwealth of
						  Pennsylvania" for $250.
(c) The
						  Department will provide notice in the
Pennsylvania Bulletin
of
						  each registration for coverage under a general permit.
(d) Persons or municipalities may operate
						  under a general permit upon registering with the Department in accordance with
						  §
													287.641 and the terms of the
						  general permit.
(e) The Department
						  may amend, suspend or revoke coverage under a general permit if the waste or
						  activity is not covered by the terms and conditions of the general
						  permit.
(f) A person or
						  municipality operating under a registration has the burden of proving, by clear
						  and convincing evidence, that the waste and activity are consistent with the
						  general permit.
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › REGISTRATION AND DETERMINATION OF APPLICABILITY › Section 287.644 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
															287.113 (relating to permitting
								procedure for unpermitted processing or disposal facilities); 25 Pa. Code
								§
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › COMPLIANCE › Section 287.651 - Investigations and corrective action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon notification by a person
						  beneficially using or processing residual waste under a general permit that
						  there has been a change in the physical or chemical properties of the residual
						  waste being beneficially used or processed, including leachability, the
						  Department will conduct an investigation and order necessary corrective action.
						  Notice to the Department under this section does not, by itself, suspend
						  continued beneficial use or processing after a change has occurred.
(b) Upon receipt of a signed, written
						  complaint of a person whose health, safety or welfare may be adversely affected
						  by a physical or chemical change in the properties of the residual waste to be
						  beneficially used or processed under a general permit, including leachability,
						  the Department will determine the validity of the complaint and take
						  appropriate action.
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to autorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › COMPLIANCE › Section 287.652 - Compliance with permit conditions, regulations and laws

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality that beneficially uses or
							 processes residual waste under a general permit shall comply with the terms and
							 conditions of the general permit, with this article and with the environmental
							 protection acts to the same extent as if the activity were covered by an
							 individual permit.
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to autorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.661 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.661 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.662 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.662 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.663 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.663 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.664 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.662 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.665 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.665 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections).
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 H - BENEFICIAL USE › BENEFICIAL USE OF COAL ASH › Section 287.666 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															287.666 reserved under section
								105(a) of the Solid Waste Management Act (35 P. S. §
																6018.105(a)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter A - GENERAL › Section 288.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						sets forth application and operating requirements for residual waste landfills.
						The requirements in this chapter are in addition to the applicable requirements
						in Chapter 287 (relating to residual waste management-general
						provisions).
(b) This chapter
						applies to three kinds of residual waste landfills.
(1) Class I residual waste landfills involve
						the disposal of residual wastes with the greatest degree of potential for
						adverse effects on groundwater and the greatest potential impact on public
						health, safety and the environment.
(2) Class II residual waste landfills involve
						the disposal of residual waste with an intermediate degree of potential for
						adverse effects on groundwater and an intermediate degree of potential impact
						on public health, safety and the environment.
(3) Class III residual waste landfills
						involve the disposal of residual wastes with the least degree of potential for
						adverse effects on groundwater and the least potential impact on public health,
						safety and the environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › TWO PHASE PROCESS › Section 288.101 - Two phase process

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality may submit an application
							 for a permit to operate a residual waste landfill in two phases, known as Phase
							 I and Phase II, under this subchapter. Approval by the Department of a Phase I
							 application does not constitute or guarantee approval for the Phase II permit
							 application, issuance of the permit or authority to operate a residual waste
							 landfill.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-GENERAL › Section 288.111 - Basic requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Phase I application shall comply with the
							 following:
(1) Sections
						  288.112,
						  288.113 and
						  288.121-288.127 (relating to facility
						  plan; maps and related information; and Phase I application requirements-site
						  analysis).
(2) Chapter 287,
						  Subchapter C (relating to general requirements for permits and permit
						  applications).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-GENERAL › Section 288.112 - Facility plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application to operate a residual waste landfill
							 shall contain conceptual drawings and a narrative describing the
							 following:
(1) The general operational
						  concept for the proposed facility, including the origin, composition and weight
						  or volume of solid waste that is proposed to be disposed of at the facility,
						  the type of liner system, the proposed capacity of the facility, the expected
						  life of the facility and the size, sequence and timing of solid waste disposal
						  operations at the facility.
(2) A
						  detailed description of the volume of soil needed to construct and operate the
						  facility and the method by which the soil will be delivered. The description
						  will include the number of trucks, the access roads they will use, delivery
						  times and any other information relevant to assessing the impacts of the
						  operation.
This section cited in 25 Pa. Code §
															288.111 (relating to basic
								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 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.121 - Description of geology, soils and hydrology; general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In preparing the soils, geology and hydrology
							 descriptions required by this section and §§
													288.122-288.127 the applicant shall
							 include information about the proposed permit area and the adjacent area. Plans
							 and cross sections submitted to comply with this section and §§
													288.122 --288.127 shall be on a
							 scale satisfactory to the Department. The map shall be on a scale of 1 inch
							 equals no more than 200 feet, with contour intervals at a maximum of 10 feet.
							 Maps and cross sections submitted for a particular application shall be of the
							 same or easily compared scales.
This section cited in 25 Pa. Code §
															288.111 (relating to basic
								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 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.122 - Geology and groundwater description

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a
						  description of the geology and groundwater in the proposed permit area and
						  adjacent area down to and including the lowest aquifer that may be affected by
						  the facility, including the following:
(1)
						  The results of a sufficient number of test borings and core borings to
						  accurately characterize geology, soils, groundwater flow, groundwater chemistry
						  and flow systems of the proposed permit area and adjacent area, which shall be
						  at least three test borings. At least one test boring shall be a core boring.
						  The applicant shall include the actual surface elevations of the drill
						  holes.
(2) The stratigraphy,
						  lithologic, physical characteristics and thickness of each stratum, including
						  the location and depth of aquifers.
(3) The hydrologic characteristics of each
						  aquifer described in paragraph (2), including field test data for hydraulic
						  conductivity, storage coefficient and transmissivity, groundwater hydraulic
						  gradient and velocity. The description of these characteristics shall be based
						  on multiple well aquifer tests. Alternative techniques approved by the
						  Department may be employed when multiple well aquifer tests are not feasible.
						  The application shall include the procedures and calculations used to determine
						  these characteristics.
(4) The
						  geologic structure within the proposed permit area and adjacent area, and its
						  relation to the regional geological structure.
(5) The uses of each aquifer.
(6) The aquifer characteristics necessary to
						  accurately describe three dimensional groundwater flow through the proposed
						  permit area and adjacent area, including storage and discharge
						  characteristics.
(7) The extent of
						  coal and noncoal mineral deposits and mines within the proposed permit area, as
						  required by §
														288.127 (relating to mineral
						  deposits information).
(8) Well
						  head protection areas in accordance with §
														109.1 (relating to definitions)
						  that may be impacted by the facility.
(9) A groundwater contour map based upon the
						  highest groundwater level recorded monthly in each boring for the previous
						  year. The Department may require more frequent measurements after significant
						  precipitation events.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.123 - Groundwater quality description

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a
						  description of the chemical characteristics of each aquifer in the proposed
						  permit area and adjacent area, based on at least two quarters, one of which
						  shall include the season of highest local groundwater levels. This description
						  shall be based on quarterly sampling and analysis from each monitoring well for
						  the following parameters:
(1)
						  Ammonia-nitrogen, bicarbonate, calcium, chloride, chemical oxygen demand,
						  fluoride, nitrate-nitrogen, pH, specific conductance, sulfate, total
						  alkalinity, total dissolved solids, total organic carbon, turbidity, iron,
						  manganese, potassium and sodium.
(2) 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) Total and dissolved concentrations of
						  each of the following: arsenic, barium, cadmium, chromium, copper, lead,
						  magnesium, mercury, selenium, silver and zinc.
(4) Tetrachloroethene, trichloroethene,
						  1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene,
						  1,2-dichloroethene (cis and transisomers), 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.124 - Soil description

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for a Class I or Class II landfill shall contain:
(1) The depth to the seasonal high water
						  table within the proposed permit area and adjacent area to demonstrate that the
						  seasonal high water table will not be in contact with the liner
						  system.
(2) A description of the
						  soils to be used for daily, intermediate and final cover, and facility
						  construction, including chemical description, texture, laboratory particle size
						  analyses and quantity. Cross sections of the borrow pits within the proposed
						  permit area shall be included.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.125 - Surface water information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a description of surface waters in the proposed
						  permit area and adjacent areas including the following:
(1) A description of the watershed in which
						  the proposed permit area is located and other watersheds which may be affected
						  by the proposed facility.
(2)
						  Surface elevations and rates of flow of streams, springs, seeps and mine
						  discharges in the proposed permit area and adjacent area.
(3) A description of the quality of surface
						  waters which will receive flows from surface water or groundwater from the
						  proposed permit area, including laboratory analyses of samples.
(4) A description of the instream
						  macro-invertebrate community in surface waters above and below the proposed
						  permit area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.126 - Alternative water supply information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall determine whether the
						  proposed facility is within the groundwater recharge area for a public or
						  private water supply. The applicant shall delineate the position of the
						  proposed permit area within relevant groundwater flow systems. The applicant
						  shall identify public and private water supplies which may potentially be
						  adversely affected by groundwater flow associated with the proposed
						  facility.
(b) For water supplies
						  which may be adversely affected by the proposed facility, the applicant shall
						  submit a detailed hydrogeologic study addressing the potential effect of the
						  proposed facility on the water supplies.
(c) For water supplies which the
						  hydrogeologic study required under subsection (b) indicates may be adversely
						  affected by the proposed facility, the applicant shall demonstrate the
						  following:
(1) The hydrogeologic
						  characteristics of the proposed permit area and adjacent area assure that
						  implementation of the applicant's groundwater monitoring plan will protect
						  water supplies from adverse effects from the facility.
(2) The feasibility of permanently replacing
						  or restoring the water supply to like quantity and quality with the existing
						  supply and at no additional cost to the owner. A description of the means to
						  restore or replace the water supply shall also be provided.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.127 - Mineral deposits information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the proposed permit area and adjacent
						  area overlie existing workings of an underground mine, the applicant shall
						  submit sufficient information to evaluate the potential for mine subsidence
						  damage to the facility, including the following:
(1) Maps and plans showing previous mining
						  operations underlying the proposed facility.
(2) An investigation, with supporting
						  documentation, by a registered professional engineer with geotechnical
						  expertise addressing the probability and potential impacts of future
						  subsidence. The investigation shall address the potential for additional mining
						  beneath the permit and adjacent area, the stability of the final underground
						  workings, the maximum subsidence likely to occur in the future and the effect
						  of that subsidence on the integrity of the facility, and any measures which
						  have been or will be taken to stabilize the surface.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE I APPLICATION REQUIREMENTS-SITE ANALYSIS › Section 288.128 - Notification of proximity to airport

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant shall notify the Bureau of Aviation of
							 the Pennsylvania Department of Transportation, the Federal Aviation
							 Administration and the airport if a proposed landfill or expansion, that is
							 planned to receive putrescible waste, is within 6 miles of an airport runway.
							 The application shall include a copy of each notification and each response to
							 each notification received by the applicant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE II APPLICATION REQUIREMENTS-GENERAL › Section 288.131 - Basic requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Phase II permit application shall comply with the following:
(1) This section and §§
														288.132-288.139,
						  288.141,
						  288.142,
						  288.151,
						  288.152,
						  288.161,
						  288.171, 288.181 and
						  288.182.
(2) Chapter 287,
						  Subchapter E (relating to bonding and insurance 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 288 - RESIDUAL WASTE LANDFILLS › Subchapter B - APPLICATION REQUIREMENTS › PHASE II APPLICATION REQUIREMENTS-GENERAL › Section 288.132 - Operation plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the
							 residual waste landfill operations proposed during the life of the facility
							 within the proposed permit area, including the following:
(1) A narrative describing the type and
						  method of residual waste landfill procedures, procedures for inspection and
						  monitoring of incoming waste, sequence of landfilling activity, type of
						  landfilling activity, proposed engineering techniques and the major equipment
						  to be used under §
													288.215 (relating to equipment),
						  using the maps and grids required by §
													288.133 (relating to map and grid
						  requirements) as a basis for the description.
(2) A narrative explaining the method and
						  schedule for construction, operation, modification, use, maintenance and
						  removal of the following components of the proposed facility, unless their
						  retention is proposed for postclosure land use:
(i) Dams, embankments, ditches and other
						  impoundments.
(ii) Borrow pits,
						  soil storage and handling areas and structures.
(iii) Scales and weigh station, if
						  required.
(iv) Water and air
						  pollution control facilities.
(v)
						  Erosion and sedimentation control facilities.
(vi) Equipment storage and maintenance
						  buildings, and other buildings.
(vii) Access roads.