[29 Pa.B. 2367]
[Continued from previous Web Page]
Subchapter J. TANK SYSTEMS Sec.
264a.191. Assessment of existing tank system's integrity. 264a.193. Containment and detection of releases. 264a.194. General operating requirements. 264a.195. Inspections. § 264a.191. Assessment of existing tank system's integrity.
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).
§ 264a.193. Containment and detection of releases.
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.
§ 264a.194. General operating requirements.
In addition to the requirements incorporated by reference, tanks shall be labeled to accurately identify their contents.
§ 264a.195. Inspections.
In addition to the requirements incorporated by reference, the tank or tank system shall be inspected every 72 hours when not operating, if waste remains in the tank or tank system components.
Subchapter K. SURFACE IMPOUNDMENTS Sec.
264a.221. Design and operating requirements. § 264a.221. Design and operating requirements.
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.
Subchapter L. WASTE PILES Sec.
264a.251. Design and operating requirements. § 264a.251. Design and operating requirements.
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.
Subchapter M. LAND TREATMENT Sec.
264a.273. Design and operating requirements. 264a.276. Food chain crops. § 264a.273. Design and operating requirements.
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.
(2) Hazardous waste shall be spread or sprayed in thin layers to prevent ponding and standing accumulations of liquids or sludges.
(3) Hazardous waste may not be applied when the ground is saturated, covered with snow, frozen or during periods of rain.
(4) Hazardous waste may not be applied in quantities which will result in vector or odor problems.
(5) Hazardous waste shall only be applied to those soils which fall within the United States Department of Agriculture (USDA) textural classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam.
(6) The soils shall have sola with a minimum depth of 20 inches and at least 40 inches of soil depth.
§ 264a.276. Food chain crops.
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.
Subchapter N. LANDFILLS Sec.
264a.301. Design and operating requirements. § 264a.301. Design and operating requirements.
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.
Subchapter W. DRIP PADS Sec.
264a.570. Applicability. § 264a.570. Applicability.
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.
Subchapter DD. CONTAINMENT BUILDINGS Sec.
264a.1100. Applicability. 264a.1101. Design and operating standards. § 264a.1100. Applicability.
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.
§ 264a.1101. Design and operating standards.
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.
CHAPTER 265. (Reserved) § 265.1. (Reserved).
§§ 265.11--265.17. (Reserved).
§§ 265.31--265.35. (Reserved).
§ 265.37. (Reserved).
§§ 265.51--265.56. (Reserved).
§§ 265.70--265.82. (Reserved).
§§ 265.90--265.94. (Reserved).
§§ 265.110--265.115. (Reserved).
§§ 265.117--265.119. (Reserved).
§ 265.140. (Reserved).
§ 265.142. (Reserved).
§ 265.144. (Reserved).
§§ 265.171--265.178. (Reserved).
§§ 265.190--265.201. (Reserved).
§ 265.220. (Reserved).
§ 265.222. (Reserved).
§ 265.223. (Reserved).
§ 265.225. (Reserved).
§ 265.226. (Reserved).
§§ 265.228--265.230. (Reserved).
§ 265.270. (Reserved).
§ 265.272. (Reserved).
§ 265.273. (Reserved).
§ 265.276. (Reserved).
§§ 265.278--265.282. (Reserved).
§ 265.300. (Reserved).
§ 265.302. (Reserved).
§ 265.309. (Reserved).
§ 265.310. (Reserved).
§§ 265.312--265.315. (Reserved).
§§ 265.340--265.342. (Reserved).
§ 265.345. (Reserved).
§ 265.347. (Reserved).
§ 265.351. (Reserved).
§ 265.370. (Reserved).
§ 265.373. (Reserved).
§ 265.375. (Reserved).
§ 265.377. (Reserved).
§ 265.381. (Reserved).
§ 265.382. (Reserved).
§§ 265.400--265.406. (Reserved).
§§ 265.430--265.433. (Reserved).
§ 265.435. (Reserved).
§§ 265.440--265.448. (Reserved).
§§ 265.450--265.452. (Reserved).
§§ 265.460--265.462. (Reserved).
§ 265.470. (Reserved).
§§ 265.500--265.505. (Reserved).
§§ 265.520--265.522. (Reserved).
CHAPTER 265a. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES Subchap.
A. GENERAL B. GENERAL FACILITY STANDARDS D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES E. MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING G. CLOSURE AND POSTCLOSURE H. FINANCIAL REQUIREMENTS I. USE AND MANAGEMENT OF CONTAINERS J. TANK SYSTEMS P. THERMAL TREATMENT
Subchapter A. GENERAL Sec.
265a.1. Incorporation by reference, purpose, scope and applicability. § 265a.1. Incorporation by reference, purpose, scope and applicability.
(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 management of specific hazardous wastes and specific types of hazardous waste management facilities).
Subchapter B. GENERAL FACILITY STANDARDS Sec.
265a.11. Identification number and transporter license. 265a.12. Required notices. 265a.13. General and generic waste analysis. 265a.15. General inspection and construction inspection requirements. 265a.18. Location standards. § 265a.11. Identification number and transporter license.
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 conditionally exempt small quantity generators transporting their own hazardous waste if the conditionally exempt small quantity generator is in compliance with § 261a.5(d) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) transporters transporting recyclable materials utilized for precious metal recovery in compliance with § 266a.70(1) (relating to applicability and requirements for recyclable materials utilized for precious metal recovery) or universal waste transporters in compliance with § 266b.50 (relating to applicability of standards for universal waste transporters).
§ 265a.12. Required notices.
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).
§ 265a.13. General and generic waste analysis.
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 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.
(2) The owner or operator shall develop and follow a written waste analysis plan in compliance with 40 CFR 265.13 (relating to general waste analysis) which shall be submitted to the Department for approval at a time in the application process as the Department may prescribe. The plan shall be retained at the facility.
(3) The owner or operator of a facility utilizing a liner shall conduct an evaluation of the liner compatibility with the hazardous waste before accepting the waste for emplacement in a waste pile, surface impoundment or landfill unless the approval to accept the waste is granted in the facility's permit. The evaluation procedure shall meet the approval of the Department prior to its commencement. The evaluation of the liner shall consist of testing the liner in the presence of the waste for a minimum of 30 days or as otherwise approved by the Department. In lieu of actual testing, existing published or documented data on the hazardous waste or waste generated from similar processes proving the liner compatibility may be substituted if approved by the Department. The results of the evaluation of the liner compatibility shall be furnished to the Department for approval of the waste before acceptance by the facility.
(4) The Department may waive prior approval of the report specified in paragraph (1) for wastes that are in containers that are only to be stored at the facility. The Department may waive prior approval of the report only if:
(i) The Department determines that the waiver does not pose a potential threat to human health or the environment.
(ii) The management of the wastes is allowed in the permit for the facility and properly addressed in the approved waste analysis plan for the facility.
(iii) The report is submitted to the Department within 1 week of the arrival of the wastes at the facility and a copy of the report is maintained in the operating record onsite for 20 years.
(5) Prior Department approval of the report specified in paragraph (1) is not required for offsite reclamation facilities that, under a contractual agreement, supply raw material to a generator and accept the expended material from the generator for storage prior to reclamation.
(6) In lieu of the waste and generator specific report required by paragraphs (1)--(3), the Department may accept from the operator of a treatment, storage or disposal facility a Generic Module I application for similar wastes containing similar hazardous constituents from multiple generators.
(7) An application for a Generic Module I shall include:
(i) The information required by paragraph (1). Generator specific information shall be included for each generator identified in the application.
(ii) Criteria for determining whether the wastes have similar physical and chemical characteristics and contain similar hazardous constituents.
(8) Additional generators may be added to an approved Generic Module I if the operator of the treatment, storage or disposal facility demonstrates that the waste from the new generator is consistent with the waste already approved in the Generic Module I. At least 15 days prior to accepting a waste from a new generator, the operator of the treatment, storage or disposal facility shall submit to the Department in writing, the generator specific information required by paragraph (1). The Department will not add an additional generator to the Generic Module I if the Department finds that the operator of the treatment, storage or disposal facility has not demonstrated that the waste from the new generator is consistent with that approved under the Generic Module I.
(9) A permit modification and Generic Module I requested under this section shall be accompanied by a fee, as specified in § 270a.3 (relating to payment of fees).
§ 265a.15. General inspection and construction inspection requirements.
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.
§ 265a.18. Location standards.
In addition to the requirements incorporated by reference, Chapter 269a (relating to siting) applies to hazardous waste treatment and disposal facilities.
Subchapter D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES Sec.
265a.56. Emergency procedures. § 265a.56. Emergency procedures.
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.
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING Sec.
265a.71. Use of the manifest system. 265a.75. Biennial report. 265a.78. Hazardous waste management fee. 265a.79. Documentation of hazardous waste management fee submission. 265a.80. Civil penalties for failure to submit hazardous waste management fees. 265a.81. Assessment of penalties; minimum penalties. 265a.82. Administration fees. 265a.83. Administration fees during closure. § 265a.71. Use of the manifest system.
In addition to the requirements incorporated by reference:
(1) An owner or operator, or the agent of the owner or operator, may not accept hazardous waste for treatment, storage or disposal unless it is accompanied by a manifest approved by the Department, unless a manifest is not required by 40 CFR 262.20(e) (relating to general requirements).
(2) Within 30 days of the delivery, the owner or operator or the agent of the owner or operator shall send the specified copies of the manifest to the Department and generator state, as required.
§ 265a.75. Biennial report.
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.
§ 265a.78. Hazardous waste management fee.
(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.
(c) The owner or operator shall remit hazardous waste management fees quarterly along with the forms required by § 265a.79 (relating to documentation of hazardous waste management fee submission) postmarked or delivered to the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission date falls on a weekend or State holiday, the report shall be postmarked or received by the Department on or before the next business day after the 20th.
(d) Payment shall be by check or money order, payable to ''The Hazardous Sites Cleanup Fund,'' and shall be forwarded along with the required forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.
(e) For purposes of assessing fees, incineration is considered to be treatment. A fee will not be assessed for the incineration of hazardous waste at an onsite or captive incineration facility.
(f) Fees shall be calculated based on standard tons.
(1) For purposes of this section:
(i) A standard ton equals 2,000 pounds.
(ii) A metric ton shall be converted to a standard ton by dividing the metric ton by a factor of 0.91.
(2) Liquid wastes shall be converted to tons as follows:
(i) Standard measure gallons shall be converted to tons using a factor of 8.0 pounds per gallon.
(ii) Liters shall be converted to tons using a factor of 2.1 pounds per liter.
(3) Cubic yards and cubic meters shall be converted to standard tons using a factor of 1 ton per each of these units, or part thereof.
(g) Quantities reported shall be as indicated on the manifest by the treatment, storage or disposal facility designated on the manifest or, if not indicated by that facility, as specified on the manifest by the generator.
(h) Except as provided in subsection (i), if more than one hazardous waste management activity occurs at the same commercial hazardous waste management facility, the owner or operator shall pay a single fee per ton, or fraction thereof, which shall be the highest rate of the management activities involving each individual waste stream at that facility.
(i) When treatment or incineration prior to disposal results in a reduction in the tonnage of waste requiring disposal, the operator shall be assessed the disposal management fee for the waste requiring disposal after treatment or incineration, and the treatment management fee for the remainder of the waste which underwent treatment.
§ 265a.79. Documentation of hazardous waste management fee submission.
(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.
(b) The owner or operator of a hazardous waste management facility shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste management activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.
§ 265a.80. Civil penalties for failure to submit hazardous waste management fees.
(a) The Department may assess a civil penalty for:
(1) Failure to submit hazardous waste management fees as required by § 265a.78(a) (relating to hazardous waste management fee), failure to submit properly completed documents required by § 265a.79 (relating to documentation of hazardous waste management fee submission) or failure to meet the time schedule for submission established by § 265a.78(c).
(2) Intentional submission of falsified information relating to hazardous waste managment fees required by this chapter and section 903 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.903).
(3) Failure of a hazardous waste management facility to submit documentation confirming that no fee was due for the preceding quarter.
(b) This section does not preclude the Department from assessing a civil penalty for a violation of the act, or the Hazardous Sites Cleanup Act, this chapter or other chapters of this article.
(c) Failure of the owner or operator of a hazardous waste management facility to comply with the fee payment and documentation requirements of this chapter violates the act, the Hazardous Sites Cleanup Act and the regulations promulgated thereunder, and constitutes grounds for suspension or revocation of its hazardous waste permit, denial of issuance or renewal of a hazardous waste permit, and forfeiture of the facility's bond.
§ 265a.81. Assessment of penalties; minimum penalties.
(a) Consistent with section 605 of the act (35 P. S. § 6018.605) and section 1104 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.1104) and regulations thereunder, this section sets forth minimum civil penalties for certain violations. This section does not limit the Department's authority to assess a higher penalty for the violations identified in this section, or limit the Department's authority to proceed with appropriate criminal penalties.
(b) If a person or municipality fails to submit hazardous waste management fees as required by § 265a.78(c) (relating to hazardous waste management fee), fails to submit properly completed documents required by § 265a.79 (relating to documentation of hazardous waste management fee submission) or fails to meet the time schedule for submission established by § 265a.78(c), the Department will assess a minimum civil penalty of $500 for submissions which are less than 15 days late, and $500 per day for each day thereafter.
(c) If a person or municipality falsifies information relating to hazardous waste management fees required by this chapter and the Hazardous Sites Cleanup Act, the Department will assess a minimum civil penalty of $1,000.
§ 265a.82. Administration fees.
(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.
(b) The administration fee shall be in the form of a check made payable to the ''Commonwealth of Pennsylvania'' and be paid on or before the first of March to cover the preceding year.
(c) If more than one permitted activity is located at a site, or more than one activity occurs, the fee shall be cumulative.
§ 265a.83. Administration fees during closure.
(a) Within 90 days after receiving the final volume of hazardous waste, or 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the site or dispose of onsite all hazardous waste in accordance with the approved closure plan. The Department may approve in writing a longer period if the owner or operator demonstrates one of the following:
(1) The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the present owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(b) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes or 180 days after approval of the closure plan, whichever is later. The Department may in writing approve a longer closure period if the owner or operator demonstrates the following:
(1) The closure activities will, of necessity, take him longer than 180 days to complete, and the owner or operator will continue to take measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(c) The demonstrations referred to in subsections (a) and (b) shall be made as follows:
(1) The demonstrations in subsection (a) shall be made at least 30 days prior to the expiration of the 90-day period in subsection (b).
(2) The demonstrations in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b).
(d) 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.
Subchapter G. CLOSURE AND POSTCLOSURE Sec.
265a.115. Certification of closure. 265a.120. Certification of completion of postclosure care. § 265a.115. Certification of closure.
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).
§ 265a.120. Certification of completion of postclosure care.
The owner or operator shall satisfy § 265a.166 (relating to closure and postclosure certification) instead of the reference to § 265.145a(h) (relating to financial assurance for postclosure care).
Subchapter H. FINANCIAL REQUIREMENTS Sec.
265a.141. Definitions. 265a.143. Financial assurance for closure. 265a.145. Financial assurance for postclosure care. 265a.147. Liability requirements. 265a.148. Incapacity of owners or operators, guarantors or financial institutions. 265a.149. Use of state-required mechanisms. 265a.150. State assumption of responsibility. 265a.153. Requirements to file a bond. 265a.154. Form, terms and conditions of bond. 265a.155. Special terms and conditions for surety bonds. 265a.156. Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure. 265a.157. Phased deposits of collateral. 265a.158. Replacement of bond. 265a.159. Reissuance of permits. 265a.160. Bond amount determination. 265a.162. Bond amount adjustments. 265a.163. Failure to maintain adequate bond. 265a.164. Separate bonding for a portion of a facility. 265a.165. Bond release. 265a.166. Closure and postclosure certification. 265a.167. Public notice and comment. 265a.168. Bond forfeiture. 265a.169. Preservation of remedies. § 265a.141. Definitions.
In addition to the terms defined in 40 CFR 265.141 (relating to definitions of terms as used in this subpart) which are incorporated by reference, the definitions in section 103 of the act (35 P. S. § 6018.103) and Chapter 260a (relating to definitions and requests for determination) apply to this subchapter. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Applicant--An owner or operator of a hazardous waste treatment, storage or disposal facility which is attempting to demonstrate the capability to self-insure all or part of its liabilities to third persons for personal injury and property damage from sudden or nonsudden pollution occurrences, or both.
Collateral bond--A penal bond agreement in a sum certain, payable to the Department, executed by the facility owner or operator and which is supported by the deposit with the Department of cash, negotiable bonds of the United States, the Commonwealth, the Turnpike Commission, the General State Authority, the State Public School Building Authority, or a Commonwealth municipality, Pennsylvania Bank Certificates of Deposit, or irrevocable letters of credit of a bank organized or authorized to transact business in the United States.
Final closure--Successful completion of requirements for closure and postclosure care as required by 40 CFR Part 265, Subpart G (relating to closure and postclosure).
Financial institutions--Banks and other similar establishments organized or authorized to transact business in this Commonwealth or the United States, and insurance companies or associations licensed and authorized to transact business in this Commonwealth or designated by the Insurance Commissioner as an eligible surplus lines insurer.
Surety bond--A penal bond agreement in a sum certain, payable to the Department, executed by the facility owner or operator, and which is supported by the guarantee of payment on the bond by a corporation licensed to do business as a surety in this Commonwealth.
Surety company--A corporation licensed to do business as a surety in this Commonwealth.
§ 265a.143. Financial assurance for closure.
40 CFR 265.143 (relating to financial assurance for closure) is not incorporated by reference except for 40 CFR 265.143(e) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure).
§ 265a.145. Financial assurance for postclosure care.
40 CFR 265.145 (relating to financial assurance for post-closure care) is not incorporated by reference except for 40 CFR 265.145(e) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure.)
§ 265a.147. Liability requirements.
The substitution of terms as specified in § 260a.3(a)(5) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 265.147(g)(2) and (i)(4) (relating to liability requirements).
§ 265a.148. Incapacity of owners or operators, guarantors or financial institutions.
In addition to the requirements incorporated by reference, an owner or operator or guarantor of a corporate guarantee shall also notify the Department by certified mail in accordance with the provisions applicable to notifying the regional administrator of the EPA.
§ 265a.149. Use of State-required mechanisms.
Relative to the requirements incorporated by reference, 40 CFR 265.149 (relating to use of state-required mechanisms) is not incorporated by reference.
§ 265a.150. State assumption of responsibility.
Relative to the requirements incorporated by reference, 40 CFR 265.150 (relating to State assumption of responsibility) is not incorporated by reference.
§ 265a.153. Requirement to file a bond.
(a) Hazardous waste storage, treatment and disposal facilities permitted under the act, or being treated as having a permit under the act, shall file a bond in accordance with this subchapter and in the amount determined by § 265a.160 (relating to bond amount determination), payable to the Department.
(b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant files with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by or approved by the Department, and the bond has been approved by the Department.
(c) An applicant for a new, revised, amended, modified or renewed permit may not disturb surface acreage, start construction of facilities for the storage, treatment or disposal of hazardous waste, or accept hazardous waste prior to receipt from the Department of approval of bond and issuance of a permit to conduct a hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or disposal facility permitted or treated as issued a permit, shall cease accepting hazardous waste unless the owner or operator has submitted a bond under this subchapter. The Department will review and determine whether or not to approve the bond within 1 year of the submittal. If, on review, the Department determines the owner or operator has submitted an insufficient bond amount, the Department will require the owner or operator to deposit additional bond amounts under § 265a.162 (relating to bond amount adjustments).
§ 265a.154. Form, terms and conditions of bond.
(a) The Department accepts the following types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A phased deposit collateral bond as provided in § 265a.157 (relating to phased deposits of collateral).
(b) The Department prescribes and furnishes the forms for bond instruments.
(c) Bonds are payable to the Department and conditioned upon the faithful performance of the requirements of 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), the regulations adopted thereunder, the terms and conditions of any permit issued thereunder, orders of the Department and amendments, revisions and changes to the acts, the regulations and the terms and conditions of the hazardous waste storage, treatment and disposal facility permit as may be lawfully made in the future.
(d) The bond shall cover the hazardous waste storage, treatment or disposal operations from the initiation of the operations until the bond is released as provided in this chapter. The bond shall cover all operations and activities conducted within the permitted area and all effects caused by the hazardous waste activities within or without the permit area. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date that hazardous waste is first received for treatment, storage or disposal.
(e) Bonds will be reviewed for legality and form according to established Commonwealth procedures.
§ 265a.155. Special terms and conditions for surety bonds.
(a) The Department does not accept the bond of a surety company that failed or unduly delayed in making payment on a forfeited surety bond.
(b) The Department accepts only the bond of a surety authorized to do business in this Commonwealth and which is listed in Circular 570 of the United States Department of Treasury.
(c) The surety may cancel the bond by sending written notice of cancellation by certified mail to the owner or operator and the Department. Cancellation may not take effect until 120 days after receipt of the notice of cancellation by the principal and the Department, as evidenced by the return receipts. Within 60 days after receipt of the notice of cancellation, the owner or operator shall provide the Department with a replacement bond under § 265a.158 (relating to replacement of bond). Failure of the owner or operator to provide a replacement bond within the 60-day period constitutes grounds for forfeiture of the existing bond under § 265a.168 (relating to bond forfeiture).
(d) The Department does not accept surety bonds from a surety company for an owner or operator, on all facilities owned or operated by the owner or operator, in excess of the company's single risk limit as provided by The Insurance Company Law of 1921 (40 P. S. §§ 341--991), unless the surety has complied with the provisions of The Insurance Company Act of 1921 (40 P. S. §§ 1--297.4) for accepting risk above its single risk limit.
(e) The bond shall provide that full payment will be made on the bond within 30 days of receipt of a notice of forfeiture by the surety notwithstanding judicial or administrative appeal of the forfeiture and that the amount is confessed to judgment upon forfeiture.
(f) The bond shall provide that the surety and the owner or operator are joint and severally liable for payment of the bond amount.
§ 265a.156. Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure.
(a) The Department obtains possession and keeps custody of collateral deposited by the owner or operator until authorized for release or replacement as provided in this subchapter.
(b) The Department values governmental securities for both current market value and face value. For the purpose of establishing the value of the securities for bond deposit, the Department uses the lesser of current market value or face value. Government securities shall be rated at least BBB by Standard and Poor's or Baa by Moody's.
(c) Collateral bonds pledging Pennsylvania bank certificates of deposit are subject to the following conditions:
(1) The Department requires that certificates of deposit be assigned to the Department, in writing, and the assignment recorded upon the books of the issuing institution.
(2) The Department may accept an individual certificate of deposit for the maximum insurable amount as determined by the Federal Deposit Insurance Corporation (FDIC) and which is otherwise secured under Pennsylvania law.
(3) The Department requires the issuing institution to waive all rights of setoff or liens which it has or might have against the certificates.
(4) The Department only accepts automatically-renewable certificates of deposit.
(5) The Department requires that the certificates of deposit be assigned to the Department to assure that the Department can liquidate the certificates prior to maturity, upon forfeiture, for the amount of the bond determined under this subchapter.
(6) The Department only accepts certificates of deposit only from banks or banking institutions licensed, chartered or otherwise authorized to do business in the United States.
(7) The Department does not accept certificates of deposit from banks that failed or delayed to make payment on defaulted certificates of deposit.
(d) Collateral bonds pledging a letter of credit are subject to the following conditions:
(1) The letter of credit is a standby letter of credit issued only by a bank organized or authorized to do business in the United States, examined by a state or Federal agency and Federally insured or equivalently protected.
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