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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

25 Pa. Code § 283.201. Basic limitations.


§ 283.201. Basic limitations.

 (a)  A person or municipality may not own or operate a municipal waste processing facility other than a transfer facility or composting facility, unless the Department has first issued a permit to the person or municipality for the facility under this chapter.

 (b)  A person or municipality that operates a municipal waste processing facility other than a transfer or composting facility shall comply with the following:

   (1)  The operating requirements of the act, this subchapter and the applicable requirements of Chapter 271 (relating to municipal waste management—general provisions).

   (2)  The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.

 (c)  A person or municipality that operates a facility subject to this chapter may not allow residual waste or special handling waste to be handled at the facility unless the Department has specifically approved the processing of the waste as part of the permit.

 (d)  A person or municipality that operates a facility subject to this subchapter may not:

   (1)  Mix solid waste with, or store solid waste in close proximity to, other solid waste so as to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.

   (2)  Allow explosive waste to be stored, processed or disposed at the facility.

 (e)  Hazardous waste subject to Article VII (relating to hazardous waste management) may not be disposed, processed or stored at municipal waste processing facilities subject to this subchapter.

 (f)  Lead acid batteries may not be processed at the facility except for purposes of removal for recycling or disposal.

 (g)  On and after September 26, 1990, loads composed primarily of leaf waste may not be processed at the facility except for purposes of composting.

 (h)  A person or municipality may not allow solid waste generated outside the host county for a facility to be received, disposed or otherwise managed at the facility if the transportation to, or disposal or management at, the facility would violate applicable laws in effect in the county or state in which the waste was generated, or state or local solid waste management plans in effect where the waste was generated.

 (i)  Sections 283.121—283.123 (relating to recycling) also apply.

 (j)  The approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.

 (k)  The following radioactive material controlled under specific or general license or order authorized by any Federal, State or other government agency may not be processed at the facility, unless specifically exempted from disposal restrictions by an applicable Pennsylvania or Federal statute or regulation:

   (1)  Naturally-occurring and accelerator-produced radioactive material.

   (2)  Byproduct material.

   (3)  Source material.

   (4)  Special nuclear material.

   (5)  Transuranic radioactive material.

   (6)  Low-level radioactive waste.

 (l)  The following radioactive material may not be processed at the facility, unless approved in writing by the Department and the processing does not endanger the environment, facility staff or public health and safety.

   (1)  Short lived radioactive material from a patient having undergone a medical procedure.

   (2)  TENORM.

   (3)  Consumer products containing radioactive material.

 (m)  The limitations in subsections (k) and (l) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.


   The provisions of this §  283.201 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (255083) to (255084).

Cross References

   This section cited in 25 Pa. Code §  283.102 (relating to operating plan); and 25 Pa. Code §  284.111 (relating to application for general permit).

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