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 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.159 - Reissuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Before a permit is reissued to a new owner or operator,
						  the new owner or operator shall post a new bond in an appropriate amount
						  determined by the Department under this subchapter, but in no case less than
						  the amount of bond on deposit with the Department, in the new owner's or
						  operator's name and assume all accrued liability for the hazardous waste
						  storage, treatment or disposal 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 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.160 - Bond amount determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department determines bond amount requirements for each hazardous waste
						storage, treatment and disposal facility based upon the total estimated cost to
						the Commonwealth to complete final closure of the facility. This is done in
						accordance with the requirements of applicable statutes, this article, the
						terms and conditions of the permit and orders issued thereunder by the
						Department and to take measures that are necessary to prevent adverse effects
						upon the environment during the life of the facility and after closure until
						released as provided by this subchapter.
(b) This amount is based on the permit
						applicant's written estimate submitted under
						40 CFR
						264.142 and
						264.144 (relating to cost estimate
						for closure; and cost estimate for post-closure care).
This section cited in 25 Pa. Code §
														264a.153 (relating to requirement
							 to file a bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.162 - Bond amount adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall deposit additional amounts
						  of bond within 60 days of any of the following:
(1) The permit is amended to increase
						acreage, to change the kind of waste handled or for another reason that
						requires an additional amount of bond determined under
						40 CFR
						264.142 and
						264.144 (relating to cost estimate
						for closure; and cost estimate for post-closure care).
(2) Inflationary cost factors exceed the
						estimate used for the original bond amount determination under
						40 CFR
						264.142 and
						264.144.
(3) The permit is to be renewed or reissued,
						or the bond on deposit is to be replaced, requiring an additional amount of
						bond determined under 40 CFR
						264.142 and
						264.144.
(4) An additional amount of bond is required
						as determined by 40 CFR
						264.142 and
						264.144 to meet the requirements
						of applicable statutes, this subchapter and the terms and conditions of the
						permit or orders of the Department.
This section cited in 25 Pa. Code §
														264a.153 (relating to requirement
							 to file a bond); 25 Pa. Code §
														264a.163 (relating to failure to
							 maintain adequate bond); 25 Pa. Code §
														264a.164 (relating to separate
							 bonding for a portion of a facility); and 25 Pa. Code §
														264a.165 (relating to bond
							 release).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.163 - Failure to maintain adequate bond

Current through Register Vol. 54, No. 28, July 13, 2024
If an owner or operator fails to post additional bond
						  within 60 days after receipt of a request by the Department for additional bond
						  amounts under §
												264a.162 (relating to bond amount
						  adjustments), or fails to make timely deposits of bond in accordance with the
						  schedule submitted under §
												264a.157 (relating to phased
						  deposits of collateral), the Department will issue a notice of violation to the
						  owner or operator, and if the owner or operator fails to deposit the required
						  bond amount within 15 days of the notice, the Department will issue a cessation
						  order for all of the hazardous waste storage, treatment and disposal facilities
						  operated by the owner or operator and take additional actions that may be
						  appropriate, including suspending or revoking permits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.164 - Separate bonding for a portion of a facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may require a separate
						bond to be posted for a part of a hazardous waste storage, treatment or
						disposal facility if that part of the facility can be separated and identified
						from the remainder of the facility and the bond liability for that part will
						continue beyond the time provided for the remainder of the facility, or the
						Department determines that separate bonding of the facility is necessary to
						administer and apply applicable statutes, this article, the terms and
						conditions of the permit or orders of the Department.
(b) If the Department requires a separate
						bond for part of a facility, the original bond amount for the facility may be
						adjusted under §
												264a.162 (relating to bond amount
						adjustments).
This section cited in 25 Pa. Code §
														264a.166 (relatiing to closure and
							 postclosure certification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.165 - Bond release

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
						or operator may file a written application with the Department requesting
						release of all or part of the bond amount posted for a hazardous waste storage,
						treatment or disposal facility. The bond release may be requested during the
						operation of the facility as part of a request for bond adjustment under §
												264a.162 (relating to bond amount
						adjustments); upon completion of closure for a storage or treatment facility
						and upon expiration of the postclosure care period of liability, for a disposal
						facility as specified in 40 CFR Part 264 , Subpart G (relating to closure and
						postclosure care).
(b) The
						application for bond release shall contain all of the following:
(1) The name of the owner or operator and
						identify the hazardous waste storage, treatment or disposal facility for which
						bond release is sought.
(2) The
						total amount of bond in effect for the facility and the amount for which
						release is sought.
(3) The reasons
						why, in specific detail, bond release is requested including, but not limited
						to, the closure, postclosure care and abatement measures taken, the permit
						amendments authorized or the change in facts or assumptions made during the
						bond amount determination which demonstrate and would authorize a release of
						part or all of the bond deposited for the facility.
(4) A revised cost estimate for closure and
						postclosure care in accordance with
						40 CFR
						264.142 and
						264.144 (relating to cost estimate
						for closure; and postclosure care).
(5) Closure or postclosure certification for
						full bond release requests.
(6)
						Other information required by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.167 - Public notice and comment

Current through Register Vol. 54, No. 28, July 13, 2024
The original bond amount determination, a decision by
						  the Department to release bond, a request to reduce bond amount after permit
						  issuance and a request for closure or postclosure certification shall be, for
						  the purpose of providing public notice and comment, considered a permit
						  modification and shall be subject to the public notice and comment requirements
						  for Class 3 permit modifications.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.168 - Bond forfeiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will forfeit the bond for a hazardous waste storage, treatment or
						disposal facility if the Department determines that any of the following occur:
(1) The owner or operator fails and continues
						to fail to conduct the hazardous waste storage, treatment or disposal
						activities in accordance with this article, the act, the statutes in section
						505(a) of the act (35 P. S. §
														6018.505(a)), the terms and
						conditions of the permit or orders of the Department.
(2) The owner or operator abandons the
						facility without providing closure or postclosure care, or otherwise fails to
						properly close the facility in accordance with the requirements of this
						article, the act, section 505(a) of the act, the terms and conditions of the
						permit or orders of the Department.
(3) The owner or operator fails, and
						continues to fail to take those measures determined necessary by the Department
						to prevent effects upon the environment before, during and after closure and
						postclosure care.
(4) The owner or
						operator or financial institution becomes insolvent, fails in business, is
						adjudicated bankrupt, a delinquency proceeding is initiated under Article V of
						The Insurance Department Act of 1921 (40 P. S. §§
														221.1-221.63), files a petition in
						bankruptcy, in liquidation, for dissolution or for a receiver, or has a
						receiver appointed by the court, or has action initiated to suspend, revoke or
						refuse to renew the license or certificate of authority of the financial
						institution, or a creditor of the owner or operator attaches or executes a
						judgment against the owner's or operator's equipment, materials or facilities
						at the permit area or on the collateral pledged to the Department; and the
						owner or operator or financial institution cannot demonstrate or prove the
						ability to continue to operate in compliance with this article, the act, the
						statutes in section 505(a) of the act, the terms and conditions of the permit
						and orders of the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.169 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
Remedies provided or authorized by law for violation of
						  statutes, including but not limited to, the act, The Clean Streams Law
						  (35
						  P. S. §§
													691.1-691.1001), the
						  Surface Mining Conservation and Reclamation Act (52 P. S. §§
													1396.1-1396.19a), the Air Pollution Control
						  Act (35 P. S. §§
													4001-4015), the Dam Safety and Encroachments
						  Act (32 P. S. §§
													693.1-693.27), this article and the terms and
						  conditions of permits and orders of the Department, are expressly preserved.
						  Nothing in this chapter may be construed as an exclusive penalty or remedy for
						  the violations. An action taken under this subchapter may not waive or impair
						  another remedy or penalty provided in law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 264a.173 - Management of containers

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) For indoor storage of
						reactive or ignitable hazardous waste, the container height, width and depth of
						a group of containers shall provide a configuration and aisle spacing which
						insures safe management and access for purposes of inspection, containment and
						remedial action with emergency vehicles. The configuration shall be specified
						in the permit application.
(2) For
						outdoor storage of reactive or ignitable hazardous waste, the container height,
						width and depth of a group of containers shall provide a configuration and
						aisle spacing which insures safe management and access for purposes of
						inspection, containment and remedial action with emergency vehicles. The
						configuration shall be specified in the permit application.
(3) For indoor or outdoor storage of
						nonreactive or nonignitable hazardous waste, the container height, width and
						depth of a group of containers shall provide a configuration and aisle spacing
						which insures safe management and access for purposes of inspection,
						containment and remedial action with emergency vehicles. The configuration
						shall be specified in the permit application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 264a.180 - Weighing or measuring facilities

Current through Register Vol. 54, No. 28, July 13, 2024
Weighing or measuring facilities, if necessary or when
						  required by the Department, shall weigh hazardous wastes brought to the
						  treatment, storage or disposal facility, except for captive facilities that
						  handle liquids or flowable wastes-less than 20% solids-amenable to accurate
						  flow measurements, or captive facilities that possess other waste inventory
						  controls-volume controls. Weighing facilities shall be capable of weighing the
						  maximum anticipated load plus the weight of the transport vehicle. The
						  precision of weighing devices shall be certified by the Department of
						  Agriculture. For offsite facilities or onsite facilities receiving waste from
						  offsite sources, the hours of operation for the facility shall be prominently
						  displayed on a sign at the entrance. The lettering shall be a minimum of 4
						  inches in height and of a color contrasting with its
						  background.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 264a.191 - Assessment of existing tank system's integrity

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, by January 17, 1994, an owner or operator of tanks or tank systems
						  shall obtain and keep on file at the facility a written assessment of the tank
						  or tank system's integrity in accordance with
						  40 CFR
						  264.191 (relating to assessment of existing
						  tank system's integrity).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 264a.193 - Containment and detection of releases

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, an owner or operator of existing tank systems shall comply with
						  40 CFR
						  264.193 (relating to containment and
						  detection of release) by January 16, 1995, except that an owner operator of
						  existing tank systems for which the age cannot be documented shall comply with
						  40 CFR
						  264.193 by January 16,
						  1996.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 264a.194 - General operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, tanks shall be labeled to accurately identify their
						  contents.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 264a.195 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 264a.221 - Design and operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) For surface
						impoundments subject to 40
						CFR 264.221(a) or (c)
						(relating to design and operating requirements), a minimum distance of 4 feet
						shall be maintained between the bottom of the liner and seasonal high water
						table without the use of artificial or manmade groundwater drainage or
						dewatering systems. Soil mottling may indicate the presence of a seasonal high
						groundwater table. The distance between the top of the subbase and the regional
						water table shall be a minimum of 8 feet.
(2) The Department may, upon written
						application from a person who is subject to this provision, grant a variance
						from this provision. An application for a variance shall identify the specific
						provision from which a variance is sought and demonstrate that suspension of
						the identified provision will result in a level of protection of the
						environment and public health equivalent to that which would have resulted from
						compliance with the suspended provision. A variance shall be at least as
						stringent as the requirements of section 3010 of RCRA (40 U.S.C.A. §
													6930), and this article.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 264a.251 - Design and operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) For a waste pile
						subject to the design and operating requirements of
						40 CFR
						264.251(a) or (c) (relating
						to design and operating requirements), a minimum distance of 20 inches between
						the bottom of the liner and seasonal high groundwater table shall be maintained
						without the use of artificial and manmade groundwater drainage or dewatering
						systems. Soil mottling may indicate the presence of a seasonal high groundwater
						table.
(2)
												40 CFR
						264.251(c)(5) (relating to
						leak detection systems not located completely above the seasonal high water
						table) 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 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter M - LAND TREATMENT › Section 264a.273 - Design and operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, land treatment of hazardous waste shall be subject to the following
						  restrictions:
(1) The hazardous waste
						shall be mixed into or turned under the soil surface within 24 hours of
						application, unless it is spray irrigated and the spray irrigated hazardous
						waste:
(i) Is used for top
						dressing.
(ii) Has plant nutrient
						value.
(iii) Is applied with proper
						spray irrigation equipment and through proper spray irrigation
						methods.
(iv) Is not transported
						offsite by aerosol transport while being spray irrigated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter M - LAND TREATMENT › Section 264a.276 - Food chain crops

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference tobacco and crops intended for direct human consumption may not be
						  grown on hazardous waste land treatment facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter N - LANDFILLS › Section 264a.301 - Design and operating requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) For a landfill subject
						to the design and operating provisions of
						40 CFR
						264.301(a) or (c) (relating
						to design and operating requirements), a minimum distance of 4 feet between the
						bottom of the liner and seasonal high groundwater table shall be maintained
						without the use of artificial and manmade groundwater drainage or dewatering
						systems. Soil mottling may indicate the presence of a seasonal high groundwater
						table. The distance between the bottom of the liner and the regional
						groundwater table shall be a minimum of 8 feet.
(2) The Department may, upon written
						application from a person who is subject to this section, grant a variance from
						this section. An application for a variance shall identify the specific
						provision from which a variance is sought and demonstrate that suspension of
						the identified provision will result in a level of protection of the
						environment and public health equivalent to that which would have resulted from
						compliance with the suspended provision. A variance shall be at least as
						stringent as the requirements of section 3010 of RCRA (40 U.S.C.A. §
													6930), and this article.
(3)
												40 CFR
						264.301(l) (relating to
						landfills located in the State of Alabama) 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 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter W - DRIP PADS › Section 264a.570 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Instead of
						  40 CFR
						  264.570(a), this subchapter
						  applies to owners and operators of facilities that use new or existing drip
						  pads to convey treated wood drippage, precipitation or surface water run-off to
						  an associated collection system. Existing drip pads are those constructed
						  before January 11, 1997.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter DD - CONTAINMENT BUILDINGS › Section 264a.1100 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Instead of the effective date of February 18, 1993,
						  found in 40 CFR
						  264.1100 (relating to applicability), the
						  effective date is January 11, 1997.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter DD - CONTAINMENT BUILDINGS › Section 264a.1101 - Design and operating standards

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) An owner or operator of
						existing units described in 40 CFR
						264.1101(b)(4) (relating to
						design and operating standards) seeking a delay in the secondary containment
						requirement for up to 2 years shall provide written notice to the Department by
						July 11, 1997. This notification shall describe the unit and its operating
						practices with specific reference to the performance of existing containment
						systems, and specific plans for retrofitting the unit with secondary
						containment.
(2) For units placed
						into operation prior to January 11, 1997, certification by a qualified
						registered professional engineer that the containment building design meets the
						requirements of 40 CFR
						264.1101(a)-(c) shall be
						placed in the facility's operating record (onsite files for generators who are
						not formally required to have operating records) no later than 60 days after
						the date of initial operation of the unit.
(3) For units placed into operation after
						January 11, 1997, certification by a qualified registered professional engineer
						that the containment building design meets the requirements of
						40 CFR
						264.1101(a)-(c) will be
						required prior to operation of the unit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter A - GENERAL › Section 265a.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 265 and its appendices (relating to interim status
						standards for owners and operators of hazardous waste treatment, storage, and
						disposal facilities) are incorporated by reference.
(b) Relative to the requirements incorporated
						by reference in this section:
(1)
													40 CFR
						265.1(c)(4) (relating to
						purpose, scope and applicability) regarding state program authorization under
						40 CFR Part 271 (relating to requirements for authorization of state hazardous
						waste programs), are not incorporated to this section.
(2) This chapter applies to owners and
						operators of facilities which treat, store or dispose of hazardous waste in
						this Commonwealth, except as specifically provided in this chapter, Chapter
						261a, 266a or §
													270a.60 (relating to
						identification and listing of hazardous waste; management of specific hazardous
						wastes and specific types of hazardous waste management facilities; and permits
						by rule) instead of 40 CFR
						265.1(b).
(3) Instead of
						40 CFR
						265.1(c)(6), this chapter
						does not apply to the owner or operator of a facility managing recyclable
						materials described in 40
						CFR 261.6(a)(2)-(4)
						(relating to requirements for recyclable materials) except to the extent they
						are referred to in Chapter 266a, Subchapters C, E, F, G or §
						270a.60.
(4) This chapter does not
						apply to handlers and transporters of universal wastes identified in 40 CFR
						Part 273 (relating to universal waste management) or additional
						Pennsylvania-designated universal wastes identified in Chapter 266b (relating
						to universal waste management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 265a.11 - Identification number and transporter license

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, a person or municipality who owns or operates a hazardous waste
						  management facility may not accept hazardous waste for treatment, storage or
						  disposal from a transporter without an EPA identification number and a license
						  from the Department, except as otherwise provided. The licensing requirement
						  does not apply to very small quantity generators transporting their own
						  hazardous waste if the very small quantity generator is in compliance with
						  §
												262a.14(b)
						  (relating to conditions for exemption for a very small quantity generator),
						  transporters transporting recyclable materials utilized for precious metal
						  recovery in compliance with §
												266a.70(1)
						  (relating to applicability and requirements) or universal waste transporters in
						  compliance with §
												266b.50 (relating to
						  applicability).
The provisions of this §
														265a.11 reserved 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)); and section
							 1920-A of The Administrative Code of 1929 (71 P.S. §
															51-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 265a.12 - Required notices

Current through Register Vol. 54, No. 28, July 13, 2024
The substitution of terms as specified in §
												260a.3(a)(1)
						  (relating to terminology and citations related to Federal regulations) does not
						  apply to 40 CFR
						  265.12 (relating to required
						  notices).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 265a.13 - General and generic waste analysis

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference:
(1) Except as provided in
						paragraphs (4) and (5), before an owner or operator treats, stores or disposes
						of a specific hazardous waste from a specific generator for the first time, the
						owner or operator shall submit to the Department for approval, on a form
						provided by the Department, or on a form approved by the Department, a Module I
						report which the owner or operator shall retain for 3 years. The report shall
						include the following information:
(i) A
						detailed chemical and physical analysis of the waste.
(ii) A description of the waste and the
						process generating the waste.
(iii)
						The name and address of the hazardous waste management facility.
(iv) A description of the hazardous waste
						management facility's treatment, storage and disposal methods.
(v) Results of liner compatibility
						testing.
(vi) An assessment of the
						impact of the waste on the hazardous waste management facility.
(vii) Other information which the Department
						may prescribe for the Department to determine whether the waste will be
						treated, stored or disposed of in accordance with this chapter. The chemical
						and physical analysis of the waste shall be repeated under one or more of the
						following circumstances:
(A) When necessary to
						ensure that it is accurate and up-to-date.
(B) When the owner or operator is notified,
						or has reason to believe, that the process or operation that generates the
						hazardous waste has changed.
(C)
						For offsite facilities or onsite facilities receiving waste from offsite
						sources, when the results of the inspection or analysis, or both, of each
						hazardous waste indicates that the waste received at the facility does not
						match the description of the waste on the accompanying manifest or shipping
						paper.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 265a.15 - General inspection and construction inspection requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, an owner or operator shall submit a schedule for construction of a
						  hazardous waste management facility to the Department for approval. At a
						  minimum, the schedule shall provide for inspection and approval by the
						  Department of each phase of construction.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 265a.18 - Location standards

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, Chapter 269a (relating to siting) applies to hazardous waste
						  treatment and disposal facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 265a.56 - Emergency procedures

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, the emergency coordinator shall immediately notify the appropriate
						  regional office of the Department, or the Department's Central Office by
						  telephone at (717) 787-4343.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.71 - Use of the manifest system

Current through Register Vol. 54, No. 28, July 13, 2024
Regarding 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
						  265.71 (relating to use of manifest
						  system).
The provisions of this §
														265a.71 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 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.75 - Biennial report

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, as modified by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.78 - Hazardous waste management fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a hazardous
						waste management facility shall remit to the Department a hazardous waste
						management fee based on the total number of tons, or portion thereof, treated,
						stored or disposed at that facility.
(b) A hazardous waste management fee will not
						be assessed for:
(1) Storage or treatment of
						hazardous waste at the site at which it was generated.
(2) Storage or treatment at a captive
						facility.
(3) Storage of hazardous
						waste prior to recycling at a commercial recycling facility which meets the
						requirements of this article.
(4)
						Hazardous waste derived from the cleanup of a site under the Hazardous Sites
						Cleanup Act, the Federal Superfund Act, Title II of the Solid Waste Disposal
						Act (42 U.S.C.A.
						§§
														6901-6987) or the
						act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.79 - Documentation of hazardous waste management fee submission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a hazardous
						waste management facility required to submit hazardous waste management fees
						under §
												264a.78 (relating to hazardous
						waste management fee) shall submit specific information to the Department to
						document that the amount of fees submitted under §
												264a.78 is accurate. This
						information shall be submitted on forms provided or approved by the Department
						and completed in conformance with instructions provided.
(1) The owner or operator of a commercial
						facility, including onsite facilities which accept hazardous waste generated
						offsite, shall submit forms ER-WM-55D, ER-WM-55E and ER-WM-55F, or successor
						documents. If no hazardous waste management activities subject to the fees have
						occurred during a quarter, documentation to that effect shall be submitted on
						form ER-WM-55D only.
(2) The owner
						or operator of an offsite captive disposal facility shall submit forms
						ER-WM-55I, ER-WM-55L, ER-WM-55M and ER-WM-55N, or successor documents. If no
						hazardous waste management activities subject to the fees have occurred during
						a quarter, documentation to that effect shall be submitted on form ER-WM-55I
						only.
(3) The owner or operator of
						an onsite captive disposal facility which does not accept wastes generated
						offsite shall submit forms ER-WM-55I, ER-WM-55J and ER-WM-55K, or successor
						documents. If no hazardous waste management activities subject to the fees have
						occurred during a quarter, documentation to that effect shall be submitted on
						form ER-WM-55I only.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.80 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.81 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.82 - Administration fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
						or operator of a hazardous waste management facility shall annually pay an
						administration fee to the Department according to the following schedule:
(1) Land disposal
						facilities-$2,500.
(2) Surface
						impoundments-$2,500.
(3) Commercial
						treatment-$2,000.
(4) Captive
						treatment-$700.
(5)
						Storage-$550.
(6)
						Incinerators-$1,300.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING › Section 265a.83 - Administration fees during closure

Current through Register Vol. 54, No. 28, July 13, 2024
A nonrefundable administration fee in the form of a
						  check payable to the "Commonwealth of Pennsylvania" shall be forwarded to the
						  Department within 30 days after receiving the final volumes of waste, and on or
						  before January 20th of each succeeding year until the requirements of §
												264a.115 (relating to
						  certification of closure) are met. The fee shall be:
(1) Land disposal facilities-$100.
(2) Impoundments-$100.
(3) Other facilities-$50.
The provisions of this §
														265a.83 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).
This section cited in 25 Pa. Code §
														261a.6 (relating to requirements
							 for recyclable materials); and 25 Pa. Code §
														270.201 (relating to incorporation
							 by reference, 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 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POSTCLOSURE › Section 265a.115 - Certification of closure

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall satisfy §
												265a.166 (relating to closure and
						  postclosure certification) instead of the reference to
						  40 CFR
						  265.143(h) (relating to
						  final assurance for closure).