TRANSITION SYSTEM FOR EXISTING FACILITIES
§ 287.111. Notice by impoundments and unpermitted processing or disposal facilities.
(a) By January 4, 1993, each operator of one or more of the following types of facilities shall file with the Department a notice that is consistent with this section for each facility.
(1) A residual waste storage or disposal impoundment, regardless of whether the facility is authorized by a permit issued by the Department.
(2) A residual waste processing or disposal facility that meets the following requirements:
(i) The facility was not authorized by a permit issued by the Department under the act on July 4, 1992.
(ii) The facility received waste for processing or disposal on or after July 4, 1992, regardless of whether the facility is currently receiving waste.
(b) The notice, which shall be on a form prepared by the Department, shall include the following:
(1) A brief description of the type and weight or volume of waste being processed, stored or disposed annually at the facility, the type and weight or volume of waste previously processed, stored or disposed at the facility, and the process that generated the waste.
(2) A brief description of the facility, including size and capacity, and the number, type and design of liners that are placed at the facility.
(3) For each type of waste stored, processed or disposed at the facility, an analysis of the waste that meets the requirements of § 287.132 (relating to chemical analysis of waste), and the results of other chemical or leaching analyses that have been performed on the waste. The Department may approve alternative methods of waste analysis for types of waste which were previously disposed of at the facility if the type of waste is not currently being disposed of at the facility and it is not possible to conduct an analysis of the waste that meets the requirements of § 287.132.
(4) A description of leachate collection and treatment systems at the facility.
(5) The results of surface water or groundwater monitoring, sampling and analysis that have been performed for the facility.
(6) If the facility is an impoundment:
(i) A description of the manner in which solid materials are managed in the impoundment, including the frequency of removal of solids, the frequency with which the impoundment is emptied and an estimate of the volume of solids removed from the impoundment annually.
(ii) A statement of whether the facility is a storage impoundment or a disposal impoundment under § 299.113 (relating to duration of storage), including data or information to support the statement.
(7) A statement of whether the operator plans to file a permit application consistent with this article or a closure plan consistent with this article, or, for storage impoundments, whether the operator plans to upgrade a storage impoundment to comply with this article as part of a permit under The Clean Streams Law.
(8) For processing and disposal facilities, a bond which meets the requirements of § 287.312 (relating to existing facilities).
(9) Except for residual waste storage impoundments, a water quality monitoring plan that meets the requirements of this article. The plan shall include at least one quarter of data, which does not need to be highest local groundwater levels. Groundwater monitoring data for each subsequent quarter shall be submitted to the Department as soon as the data is available. An operator of a residual waste storage impoundment may submit a water quality monitoring plan that meets the requirements of this article with this notice.
(10) A description of the types of actual or potential air emissions from the facility.
(11) A statement of whether the facility is covered by another permit issued under the act or the environmental protection acts, and the type of permit, permit number, and issuing agency, if applicable.
(12) If the facility was not permitted under the act or The Clean Streams Law on July 4, 1992, information showing whether the siting of the facility is prohibited by § § 288.422, 288.522, 288.622, 289.422, 289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is applicable.
(c) A person or municipality operating a facility subject to this section that has not filed the notice required by this section by January 4, 1993, shall immediately cease accepting waste or processing or disposing of waste at the facility and shall file a closure plan under § 287.117 (relating to closure plan) by July 5, 1993, or by an earlier date specified by the Department in writing.
(d) The Department may require operators of facilities subject to this section to file a closure plan under § 287.117 and to cease receiving, processing, storing or disposing of solid waste at the facility if one of the following conditions is met:
(1) The Department finds, based upon the notice required by this section or other information, that the siting of an unpermitted facility is prohibited by § § 288.422, 288.522, 288.622, 289.422, 289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is applicable.
(2) The Department finds, based upon the notice required by this section or other information, that closure of the facility is necessary to protect public health, safety, welfare or the environment, or to prevent or abate a nuisance.
Cross References This section cited in 25 Pa. Code § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.312 (relating to existing facilities); 25 Pa. Code § 287.411 (relating to when a penalty will be assessed); 25 Pa. Code § 287.413 (relating to assessment of penalties; minimum penalties); 25 Pa. Code § 288.123 (relating to groundwater quality description); and 25 Pa. Code § 289.123 (relating to groundwater quality description.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
