reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter A - GENERAL › Section 266b.4 - Applicability-oil-based finishes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the requirements incorporated by reference in 40 CFR Part 273
						(relating to standards for universal waste management), this chapter applies to
						persons managing oil-based finishes as defined in §
												266b.3 (relating to definitions),
						except those listed in subsection (b).
(b) This section does not apply to persons
						managing the following oil-based finishes:
(1)
						Oil-based finishes that are not yet wastes under Chapter 261a (relating to
						identification and listing of hazardous waste). Subsections (c) and (d)
						describe when oil-based finishes become wastes.
(2) Oil-based finishes that are not hazardous
						waste. An oil-based finish is a hazardous waste if it exhibits one or more of
						the characteristics identified in 40 CFR Part 261 , Subpart C (relating to
						characteristics of hazardous waste).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter A - GENERAL › Section 266b.5 - Applicability-photographic solutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the requirements incorporated by reference in 40 CFR Part 273
						(relating to standards for universal waste management), this chapter applies to
						persons managing photographic solutions as defined in §
												266b.3 (relating to definitions),
						except those listed in subsection (b).
(b) This section does not apply to persons
						managing the following photographic solutions:
(1) Photographic solutions that are not yet
						wastes under Chapter 261a (relating to identification and listing of hazardous
						waste). Subsections (c) and (d) describe when photographic solutions become
						wastes.
(2) Photographic solutions
						that are not hazardous waste. A photographic solution is a hazardous waste if
						it exhibits one or more of the characteristics identified in 40 CFR Part 261 ,
						Subpart C (relating to characteristics of hazardous waste).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter B - SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.10 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, a small quantity handler of universal waste complying with this
						  subchapter is deemed to have a permit for the storage of universal
						  wastes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter B - SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.11 - Waste management for universal waste oil-based finishes

Current through Register Vol. 54, No. 28, July 13, 2024
A small quantity handler of universal waste oil-based
						  finishes shall manage oil-based finishes, in their original or otherwise
						  appropriate and labeled packaging, in a way that prevents releases of universal
						  waste or a component of a universal waste to the environment, as
						  follows:
(1) A small quantity handler
						of universal waste oil-based finishes shall contain oil-based finishes that
						show evidence of leakage, spillage or damage that could cause leakage under
						reasonably foreseeable conditions in a container. The container must be closed,
						structurally sound, compatible with the oil-based finish and must lack evidence
						of leakage, spillage or damage that could cause leakage under reasonably
						foreseeable conditions.
(2) A small
						quantity handler of universal waste may not process oil-based finishes
						(including opening, blending, filtering, and the like).
The provisions of this §
														266b.11 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter B - SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.12 - Waste management for universal waste photographic solutions

Current through Register Vol. 54, No. 28, July 13, 2024
A small quantity handler of universal waste
						  photographic solutions shall manage waste photographic solutions, in their
						  original or otherwise appropriate and labeled packaging, in a way that prevents
						  releases of universal waste or a component of a universal waste to the
						  environment, as follows:
(1) A small
						quantity handler of universal waste photographic solutions shall manage the
						photographic solutions in a lidded container. The container must be closed,
						structurally sound, compatible with the photographic solutions, and must lack
						evidence of leakage, spillage or damage that could cause leakage under
						reasonably foreseeable conditions.
(2) A small quantity handler of universal
						waste may not process photographic solutions (for example, including, but not
						limited to, opening, blending, filtering, and the like).
The provisions of this §
														266b.12 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter B - SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.29 - Labeling/marking

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference in 40 CFR
						  273.14 (relating to labeling/marking), a
						  small quantity handler of universal waste shall label:
(1) Each container of universal waste
						oil-based finish, or the container in which universal waste oil-based finishes
						are contained, with "universal waste oil-based finish" or "waste oil-based
						finish."
(2) Each container of
						universal waste photographic solutions, or the container in which universal
						waste photographic solutions are contained, with "universal waste photographic
						solutions" or "waste photographic solutions."
The provisions of this §
														266b.29 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter C - LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.30 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						the requirements incorporated by reference, a large quantity handler of
						universal waste complying with this subchapter is deemed to have a permit for
						the storage of universal wastes.
(b) The substitution of terms in §
												260a.3(a)(3)
						(relating to terminology and citations related to Federal regulations) does not
						apply to 40 CFR
						273.32(a)(3) and
						273.40(b)
						and (c) (relating to notification; and
						exports).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter C - LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.31 - Waste management for universal waste oil-based finishes

Current through Register Vol. 54, No. 28, July 13, 2024
A large quantity handler of universal waste oil-based
						  finishes shall manage oil-based finishes, in their original or otherwise
						  appropriate and labeled packaging, in a way that prevents releases of universal
						  waste or a component of a universal waste to the environment, as
						  follows:
(1) A large quantity handler
						of universal waste oil-based finishes shall contain oil-based finishes that
						show evidence of leakage, spillage or damage that could cause leakage under
						reasonably foreseeable conditions in a container. The container must be closed,
						structurally sound, compatible with the oil-based finish, and must lack
						evidence of leakage, spillage or damage that could cause leakage under
						reasonably foreseeable conditions.
(2) A large quantity handler of universal
						waste may not process oil-based finishes (for example including, but not
						limited to, opening, blending, filtering, and the like).
The provisions of this §
														266b.31 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter C - LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.32 - Waste management for universal waste photographic solutions

Current through Register Vol. 54, No. 28, July 13, 2024
A large quantity handler of universal waste
						  photographic solutions shall manage waste photographic solutions, in their
						  original or otherwise appropriate and labeled packaging, in a way that prevents
						  releases of universal waste or a component of a universal waste to the
						  environment, as follows:
(1) A large
						quantity handler of universal waste photographic solutions shall manage the
						photographic solutions in a lidded container. The container must be closed,
						structurally sound, compatible with the photographic solutions, and must lack
						evidence of leakage, spillage or damage that could cause leakage under
						reasonably foreseeable conditions.
(2) A large quantity handler of universal
						waste may not process photographic solutions (for example including, but not
						limited to, opening, blending, filtering, and the like).
The provisions of this §
														266b.32 amended under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter C - LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE › Section 266b.39 - Labeling/marking

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference in 40 CFR
						  273.34 (relating to labeling/marking), a
						  large quantity handler of universal waste shall label:
(1) Each container of universal waste
						oil-based finish, or the container in which universal waste oil-based finishes
						are contained, with "universal waste oil-based finish" or "waste oil-based
						finish."
(2) Each container of
						universal waste photographic solutions, or the container in which universal
						waste photographic solutions are contained, with "universal waste photographic
						solutions" or "waste photographic solutions."
The provisions of this §
														266b.39 adopted under sections
							 105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
															6018.105,
							 6018.402 and
							 6018.501); sections 303 and
							 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
															6020.303 and
							 6020.305(e)(2)); section 5,
							 402 and 501 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.402 and
							 691.501); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §§
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter D - UNIVERSAL WASTE TRANSPORTERS › Section 266b.50 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						the requirements incorporated by reference, a universal waste transporter
						complying with this subchapter is deemed to have a license for the
						transportation of universal wastes.
(b) The substitution of terms in §
												260a.3(a)(3)
						(relating to terminology and citations related to Federal regulations) does not
						apply to 40 CFR
						273.56 (relating to exports).
This section cited in 25 Pa. Code §
														263a.13 (relating to licensing);
							 25 Pa. Code §
														264a.11 (relating to
							 identification number and transportation license); and 25 Pa. Code §
														265a.11 (relating to
							 identification number and transporter
							 license).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 266b - UNIVERSAL WASTE MANAGEMENT › Subchapter E - DESTINATION FACILITIES › Section 266b.60 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  40 CFR
						  273.60(b) (relating to
						  applicability) is not incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 267a - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Subchapter A - General › Section 267a.1 - Incorporation by reference, purpose, scope and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
40 CFR Part 267 (relating to standards for owners and
						  operators of hazardous waste facilities operating under a standardized permit)
						  is incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 267a - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Subchapter E - Manifest System, Recordkeeping, Reporting, and Notifying › Section 267a.71 - Use of the manifest system

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  the substitution of terms in §
												260a.3 (relating to terminology
						  and citations related to Federal regulations) does not apply to the
						  incorporation by reference of
						  40 CFR
						  267.71(d) (relating to use
						  of the manifest system).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 267a - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Subchapter E - Manifest System, Recordkeeping, Reporting, and Notifying › Section 267a.75 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Relative to the requirements incorporated by reference,
						  the owner or operator shall submit to the Department its biennial report on EPA
						  Form 8700-13B.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 267a - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Subchapter H - Financial Requirements › Section 267a.143 - Financial assurance for closure

Current through Register Vol. 54, No. 28, July 13, 2024
Regarding the requirements incorporated by reference,
						  instead of 40 CFR
						  267 Subpart H (relating to financial
						  requirements), owners or operators of hazardous waste facilities operating
						  under a standardized permit shall comply with Chapter 264a, Subchapter H
						  (relating to financial requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 268a - LAND DISPOSAL RESTRICTIONS › Subchapter A - GENERAL › Section 268a.1 - Incorporation by reference, purpose, scope and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as expressly provided in this
						chapter, 40 CFR Part 268 (relating to land disposal restrictions), except for
						40 CFR
						268.5,
						268.6,
						268.13,
						268.42(b) and
						268.44, and its appendices are
						incorporated by reference.
(b)
						Relative to the requirements incorporated by reference, the substitution of the
						term "EPA" in §
												260a.3 (relating to terminology
						and citations related to Federal regulations) does not apply to
						40 CFR
						268.1(e)(3) (relating to
						purpose, scope and applicability), and the term "Administrator" in §
						260a.3(a)(1) does not apply to
						40 CFR
						268.40(b) (relating to
						applicability of treatment standards).
(c) In addition to the requirements
						incorporated by reference in 40 CFR 268.1 (relating to purpose,
						scope and applicability), universal waste mercury-containing devices as
						described in §
												266b.2 (relating to
						applicability-mercury-containing devices) shall also be managed in accordance
						with 40 CFR
						268.1(f).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › GENERAL PROVISIONS › Section 269a.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
						  words and terms, when used in this chapter, have the following meanings, unless
						  the context clearly indicates otherwise:
Active water supply
-A water supply
							 in use prior to both the receipt of a permit application and the establishment
							 of a public participation program for a hazardous waste management facility.
Facility site
-All contiguous land
							 owned or under the control of an owner or operator of a hazardous waste
							 facility and identified in a permit or permit application.
Qualifying facility
-Is one of the
							 following:
(i) A new commercial
						  hazardous waste treatment or disposal facility, which did not exist as a solid
						  waste or recycling facility prior to December 18, 1988, that:
(A) Has been issued a written permit after
						  December 18, 1988.
(B) Fulfills the
						  hazardous waste treatment or disposal capacity needs identified in the
						  Pennsylvania hazardous waste facilities plan.
(C) Accepts hazardous waste under the
						  conditions of the permit.
(D) Did
						  not operate under 40 CFR Part 270 Subpart G (relating to interim status), as
						  incorporated by reference in §
															270a.1 (relating to incorporation
						  by reference, scope and applicability), prior to the issuance of the written
						  permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › SCOPE AND APPLICABILITY › Section 269a.11 - Scope and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements of this chapter apply to siting of
							 hazardous waste treatment and disposal facilities. The hazardous waste
							 treatment or disposal facility shall satisfy all other applicable requirements
							 of this article. The criteria for siting hazardous waste treatment and disposal
							 facilities are divided into two phases as described in §§
													269a.12 and 269a.13 (relating to
							 Phase I; and Phase II).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › SCOPE AND APPLICABILITY › Section 269a.12 - Phase I

Current through Register Vol. 54, No. 28, July 13, 2024
Phase I exclusionary criteria are established in
							 §§
													269a.21-269a.29 (relating to Phase I
							 exclusionary criteria) and prohibit the siting of a hazardous waste treatment
							 or disposal facility in an excluded area delineated under these criteria. The
							 Department will deny a permit application without further review if the
							 Department determines the proposed facility is located in an excluded area.
							 Phase I criteria apply to hazardous waste treatment or disposal facilities,
							 except for the following:
(1) A
						  facility sited and substantially constructed in good faith prior to the
						  effective date of this chapter.
(2)
						  Modifications to a facility within the existing facility site.
This section cited in 25 Pa. Code §
															269a.11 (relating to scope and
								applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › SCOPE AND APPLICABILITY › Section 269a.13 - Phase II

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Phase II
						  criteria are established in §§
													269a.41-269a.50 (relating to Phase II
						  criteria) and identify further environmental, social and economic factors which
						  may affect the suitability of a location for a proposed facility. Phase II
						  criteria apply to hazardous waste treatment or disposal facilities and
						  modifications. If a facility site does not satisfy a Phase II criteria, the
						  applicant shall submit additional information and analyses to allow the
						  Department to assess what effect, if any, failure to satisfy the criterion has
						  upon the acceptability of the facility site.
(b) The Department will provide notice to
						  municipal officials and other interested persons in order to solicit further
						  information regarding potential effects of a failure to meet Phase II criteria
						  at the proposed facility site. The Department may undertake additional
						  investigations and after consideration of relevant information, will determine
						  whether the proposed design, construction and operation of the facility will
						  successfully mitigate adverse effects which would otherwise be associated with
						  failure to satisfy the criterion.
(c) After evaluating Phase II criterion
						  individually, the Department will evaluate the facility's overall compliance
						  with the Phase II criteria, and will identify risks that have not been
						  eliminated through mitigation measures. If risks to the public health or
						  safety, or to significant natural, scenic, historic or aesthetic values remain,
						  which, in the judgment of the Department, render the proposed facility site
						  unacceptable for a hazardous waste treatment or disposal facility, the
						  Department may include conditions in the permit which eliminate or reduce the
						  identified risks or may deny the permit application.
This section cited in 25 Pa. Code §
															269a.11 (relating to scope and
								applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › SCOPE AND APPLICABILITY › Section 269a.14 - Distances

Current through Register Vol. 54, No. 28, July 13, 2024
The distances from a facility to a feature or
							 structure described in these criteria shall be measured from the perimeter of
							 the facility site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.21 - Water supply

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Landfill,
						  land treatment and surface impoundment facilities may not be sited in the
						  following locations:
(1) Within 1/2 mile of a
						  well or spring used for a community water supply.
(2) Within 1/2 mile of either side of a
						  stream or impoundment for a distance of 5 stream miles upstream of a surface
						  water intake for a community water supply.
(3) Within 1/2 mile of an offsite private or
						  noncommunity public well or spring used as an active water supply, unless prior
						  to operation of the facility the applicant demonstrates the availability of an
						  acceptable permanent alternative supply of like quantity, yield and quality to
						  the existing supply, and provides financial assurance that the alternate supply
						  will be made available at no additional cost to the water supply owner for a
						  period of time that shall be no less than the bond liability period established
						  in section 505(a) of the SWMA (35 P. S. §
															6018.505(a)). If a permit is
						  granted, it shall include a permit condition which requires installation of the
						  alternative water supply prior to operation of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.22 - Flood hazard areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface
						  impoundment, landfill and land treatment facilities may not be sited in the
						  100-year floodplain or a larger area that the flood of record has
						  inundated.
(b) Treatment and
						  incineration facilities may not be sited in the 100-year floodplain or a larger
						  area that the flood of record has inundated unless the industrial use on the
						  proposed site was in existence as of October 4, 1978, which is the effective
						  date of the Flood Plain Management Act (32 P. S. §§
														679.101-679.601).
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.23 - Wetlands

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities may not be sited in
							 wetland areas.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.24 - Oil and gas areas

Current through Register Vol. 54, No. 28, July 13, 2024
Surface impoundments, landfill and land treatment
							 facilities may not be sited over active or inactive oil and gas wells or gas
							 storage areas located within or beneath the facility site. The term "active or
							 inactive oil and gas wells or gas storage areas" has the same meaning as in the
							 Oil and Gas Act (58 P. S. §§
														601.101-601.605).
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.25 - Carbonate bedrock areas

Current through Register Vol. 54, No. 28, July 13, 2024
Surface impoundments, landfill and land treatment
							 facilities may not be sited over limestone or carbonate formations, where the
							 formations are greater than 5 feet in thickness and present at the topmost
							 geologic unit. Areas mapped by the Pennsylvania Geologic Survey as underlain by
							 formations shall be excluded unless competent geologic studies demonstrate the
							 absence of formations under the facility site.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.26 - National natural landmarks and historic places

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities may not be sited
							 within National Natural Landmarks designated by the National Park Service or
							 historic sites listed on the National Register of Historic Places, unless the
							 statute under which the designation or listing has been made authorizes the
							 operation of the facilities in these areas.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.27 - Dedicated lands in public trust

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities may not be sited on
							 lands in public trust, including State, county or municipal parks, units of the
							 National Parks System, State forests, the Allegheny National Forest, State game
							 lands, property owned by the Historical and Museum Commission, a National
							 wildlife refuge, National fish hatchery or National environmental center unless
							 the agency administering the lands has been given authority by statute or
							 ordinance to allow the operation of the facilities on these
							 lands.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.28 - Agricultural areas

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities may not be sited in
							 agricultural areas established under the Agricultural Area Security Law
							 (3 P.
							 S. §§
														901-915) or in farmlands
							 identified as Class I agricultural land by the Soil Conservation
							 Service.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE I EXCLUSIONARY CRITERIA › Section 269a.29 - Exceptional value waters

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities may not be sited in
							 watersheds of exceptional value waters.
This section cited in 25 Pa. Code §
															269a.12 (relating to phase
								I).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.41 - Water supply

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall determine whether a proposed surface impoundment, landfill or
						  land treatment facility is within the groundwater recharge area for public or
						  private water supplies. The applicant shall delineate the position of the
						  proposed facility site within relevant groundwater flow systems. The applicant
						  shall identify all public and private water supplies and water treatment plants
						  which may potentially be adversely affected by groundwater flow associated with
						  the proposed hazardous waste facility, such as the water supplies located
						  down-gradient in the flow path from the facility.
(b) For water supplies or water treatment
						  plants which may be affected by the proposed facility, the applicant shall
						  submit a detailed hydrogeologic study including information addressing the
						  following:
(1) Hydraulic conductivity of the
						  aquifer for the water supplies.
(2)
						  Hydraulic conductivity of the geologic deposits underlying the proposed
						  facility.
(3) Assessment of the
						  influence of faults, fractures or other structural geologic features upon
						  hydraulic conductivity and groundwater flow directions.
(4) Pumping rates of water supply wells and
						  the areal extent and configuration of the cone of pumping depression associated
						  with these wells in relation to the groundwater table of the surrounding
						  areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.43 - Soils

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
pH.
Land farming facilities located so the soil pH within the
						  proposed facility is 6.0 or greater shall be deemed to be acceptable. If the
						  proposed facility cannot meet the soil pH requirements of this subsection, the
						  applicant shall provide information and analysis to allow the Department to
						  assess the ability of the proposed facility to mitigate adverse environmental
						  effects resulting from incompatible soil pH.
(b)
Cation exchange
						  capacity.
Surface impoundment, landfill and land treatment facilities
						  located so that the capacity of the soil to exchange cations expressed as a sum
						  for all exchangeable cations is 15 milliequivalents per 100 grams of soil or
						  greater shall be deemed to be acceptable. If the cation exchange capacity is
						  less than 15, the applicant shall provide information and analyses to allow the
						  Department to assess the soil cation exchange capacity in relation to the
						  potential for migration of contaminants from the proposed facility.
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase
								II).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.44 - Mineral bearing areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Ownership of mineral rights.
(1) Surface impoundment, landfill and land
						  treatment facilities shall be deemed to be acceptable if the applicant owns the
						  mineral rights within the proposed facility and the area has not been
						  previously mined.
(2) If the
						  applicant does not own all the mineral rights within the proposed facility, the
						  applicant shall determine the ownership of mineral rights conveyed with the
						  property deed to the proposed facility. The applicant shall provide a
						  certification based on a property title search, that ownership of all mineral
						  rights, including coal, oil and gas is or will be held by the applicant and
						  that these rights will not be severed from the property as long as hazardous
						  waste remains on the property.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.45 - Land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
New
						  facilities.
Treatment and disposal facilities located on lands either
						  designated for industrial use by existing municipal zoning or indicated as
						  industrial in officially adopted county or municipal comprehensive plans or
						  land use maps are deemed to be acceptable. If this standard cannot be met, the
						  applicant shall provide information and analysis to allow the Department to
						  assess the compatibility of the design of the proposed facility with zoning or
						  land use controls. Where no zoning exists, the applicant shall provide
						  information and analysis to allow the Department to assess compatability with
						  existing land use.
(b)
Existing facilities.
Treatment and disposal facilities located
						  on sites where solid waste or hazardous waste operations-treatment, storage,
						  recovery and disposal-or both, are currently being conducted under authority of
						  the act are deemed to comply with the land use criterion.
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase II);
								and 25 Pa. Code §
															269a.154 (relating to local
								health, safety, economic impact and
								planning).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.46 - Transportation standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Access.
Treatment and disposal facilities within 5 miles
						  travel distance of interstate or limited access highways and served by roads
						  capable of handling anticipated truck traffic or served by a dedicated limit
						  access highway shall be deemed to be acceptable. If this standard cannot be
						  met, the applicant shall provide information and analysis to allow the
						  Department to assess the proximity of the proposed facility to interstate
						  highways, the effect upon the operation of the proposed facility and the effect
						  of the proposed facility upon the community in the transportation corridor to
						  and from the facility. The applicant shall provide a plan for highway
						  improvements, if necessary.
(b)
Structures along transportation corridor.
Treatment and
						  disposal facility sites where the transportation corridor between the entrance
						  to a facility and the nearest interstate or limited access highway is the
						  primary access for less than five residential dwellings per road mile with no
						  schools, community parks or hospitals, are deemed to be acceptable. If these
						  criteria are not met, the applicant shall provide information and analysis to
						  allow the Department to assess the effect the proposed facility will have upon
						  safety and traffic congestion.
(c)
Transportation restrictions.
Treatment and disposal facility
						  sites are deemed to be acceptable if there are less than four intersections per
						  mile between the entrance to the facility and the nearest interstate or limited
						  access highway. If there are four or more intersections per mile, the applicant
						  shall provide information and analysis to allow the Department to assess the
						  effect the proposed facility will have upon safety and traffic
						  congestion.
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase II);
								and 25 Pa. Code §
															269a.153 (relating to impact on
								adjacent populated areas).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.47 - Safety services

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facilities are deemed to be
							 acceptable if located within an area with adequate safety services. The
							 applicant shall provide information and analyses to allow the Department to
							 assess the adequacy of fire protection, police, ambulance and other necessary
							 safety services available and willing to provide services to the proposed
							 facility. In all cases, the applicant shall also comply with 40 CFR Part 264 ,
							 Subparts C and D (relating to preparedness and prevention; contingency plan and
							 emergency procedures) and Chapter 264a, Subchapter D (relating to contingency
							 plan and emergency procedures).
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase II);
								and 25 Pa. Code §
															269a.154 (relating to local
								health, safety, economic impact and
								planning).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.48 - Proximity of facilities and structures

Current through Register Vol. 54, No. 28, July 13, 2024
Treatment and disposal facility sites are deemed to
							 be acceptable if the distance from the facility to an airport, school,
							 community park, hospital, church, retail center or nursing home, is greater
							 than 1 mile. If this criterion cannot be met, the applicant shall provide
							 information and analyses to allow the Department to assess the effect the
							 proposed facility will have on the use of these facilities.
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase II);
								and 25 Pa. Code §
															269a.153 (relating to impact on
								adjacent populated areas).