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 287.631 - Contents of general permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Each general permit issued by the Department will include, at a minimum:
(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 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
						  specification of registration or determination of applicability requirements
						  established in accordance with §
														287.641 (relating to inclusion in
						  a general permit) and the fee imposed on registrants or applicants for coverage
						  under the general permit.
(4) A set
						  of terms and conditions governing the beneficial use or processing of residual
						  waste covered by the general permit as are necessary to assure compliance with
						  the act, this article and the environmental protection acts, including
						  provisions for the protection of groundwater. At a minimum, the conditions
						  shall include:
(i) Limits on the physical and
						  chemical properties of waste that may be beneficially used or processed. The
						  permit shall also include a requirement that persons or municipalities who
						  conduct activities authorized by the general permit shall immediately notify
						  the Department, on forms provided by the Department, of a change in the
						  physical or chemical properties of the residual waste, including leachability,
						  or of a change in the information required by § 287.641(f).
(ii) A requirement that persons or
						  municipalities who conduct activities authorized by the general permit shall
						  allow authorized representatives of the Commonwealth, without advance notice or
						  a search warrant, upon presentation of appropriate credentials, and without
						  delay, to have access to areas in which the activities covered by the general
						  permit will be, are being, or have been conducted to ensure compliance with the
						  act, regulations promulgated under the act and a permit, license or order
						  issued by the Department under the act.
(iii) A requirement that the activities
						  authorized by the general permit will not harm or present a threat of harm to
						  the health, safety or welfare of the people or environment of this
						  Commonwealth. At a minimum, for beneficial use of residual waste, 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.
(iv) An effective date and a fixed permit
						  term which may not exceed 10 years from the effective date. If the Department
						  renews a general permit, the term may not exceed the term of the original
						  permit.
(v) A requirement that a
						  person or municipality operating under the permit shall immediately notify the
						  Department within the time stated in the permit and if no time is stated no
						  later than 45 days, in writing, of any changes in the following:
(A) The company's name, address, owners,
						  operators and responsible officials.
(B) Land ownership of land at the permitted
						  facility.
(C) The physical and
						  chemical characteristics of the residual waste.
(D) The generators of the residual waste and
						  the manufacturing process that generates the residual waste.
(E) The status of any permit issued to the
						  permittee or any agent of the permittee engaged in activities under the permit
						  by the Department or Federal government under the environmental protection
						  acts.
(vi) A requirement
						  that the activities conducted under the authorization of a general permit shall
						  be conducted in accordance with the permittee's application. Except to the
						  extent that a general permit states otherwise, the permittee shall operate as
						  described within the permit application.
(5) A requirement that a person or
						  municipality that registers for coverage under a general permit or applies to
						  the Department for a determination of applicability under a general permit
						  shall submit a copy of the registration or application to each municipality in
						  which processing activities or the primary beneficial use activities will be
						  located, prior to initiating operations. If additional locations are identified
						  during the term of the permit that were not known at the time of a registration
						  or application, including an application by the original applicant, written
						  notice shall be provided to the municipalities. For mobile facilities, written
						  notice shall be provided to the municipality where the primary processing or
						  beneficial use activity is located.