§ 288.623. Minimum requirements for acceptable waste.
(a) A person or municipality may not dispose of residual waste at a Class III residual waste landfill unless the waste meets all of the following criteria:
(1) The residual waste may not be of a type from which the maximum concentration obtained for contaminant, based on a chemical analysis of its leachate submitted under § 287.132 (relating to chemical analysis of waste), and approved by the Department, exceeds the following:
(i) For metals and other cations, 25 times the waste classification standard for a contaminant.
(ii) For contaminants other than metals and cations, the waste classification standard for a contaminant. If analytical quantitation limits prevent determination of the acceptability of a residual waste under this paragraph, the Department may consider the total analysis of the waste as well as the physical and chemical characteristics of the contaminant in making a determination of acceptability of the waste at the facility.
(2) Residual waste may not be disposed of at the facility if the disposal of the waste at the facility will result in a level of groundwater degradation at one or more monitoring points that exceeds the level of degradation that would result at the same monitoring points from the disposal of the waste at the facility if the facility were designed, constructed and operated as a Class II landfill. The Department may approve the disposal of waste at a monofill that contains contaminants other than metals or cations with a maximum concentration that is less than 10 times the waste classification standard for the contaminants, based on a chemical analysis of its leachate submitted under § 287.132, if the following are met:
(i) Disposal of the waste will improve preexisting groundwater degradation.
(ii) Preexisting degradation did not result from activities of the person or municipality that proposes to dispose of residual waste, or a related party to the person or municipality.
(3) Even if a waste meets the requirements of this section, and the Department has previously authorized the disposal of the waste at the facility, the Department may require that the waste be disposed at a Class II or Class I landfill if one of the following applies:
(i) Monitoring data indicate that the waste or contaminants of the waste are migrating from the landfill.
(ii) The approved chemical and leaching analysis of the waste no longer accurately predict the leachability of the waste.
(4) The Department may authorize a facility which disposes of a waste in accordance with a permit under this article to continue to dispose of the waste at the facility although a waste classification standard for a contaminant has been amended in a way that the waste would no longer meet the criteria for disposal of the waste at the facility under paragraph (1), if the operator of the facility demonstrates to the Department’s satisfaction that disposal of the waste will not cause degradation that exceeds the waste classification standard for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for a contaminant.
(5) If more than one type of waste or waste contaminants are identified in the chemical and leaching analysis, the waste shall be disposed at the most protective type of facility required for the waste types and waste contaminants identified in the analysis.
(6) The residual waste may not be a wastewater treatment sludge, unless it has been stabilized or solidified.
(7) The type, volume and concentration of constituents of residual waste being proposed for disposal shall indicate that the waste and its leachate are capable of being attenuated by the soil under the disposal area in a manner that will prevent groundwater degradation.
(8) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility in a manner that will adversely affect the ability of the attenuating soil to prevent degradation of groundwater.
(9) The residual waste may not have a petroleum based oil and grease content that exceeds 1% by dry weight.
(10) Except to the extent that leachate recirculation is allowed in the permit, residual waste may not be bulk or noncontainerized liquid waste. Containers holding free liquids may not be accepted unless the container is less than 1 gallon in size, except as otherwise provided in the permit.
(11) The residual waste shall have a pH between 5.5 and 9.5 unless otherwise specified by the Department in the permit. The pH may be adjusted to meet this requirement.
(12) The residual waste may not be allowed to react, combine or otherwise interact with other waste or materials to endanger public health, safety and welfare or the environment by generating extreme heat or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The potential for interaction shall be determined using the procedure in the EPA’s ‘‘A Method for Determining the Compatibility of Hazardous Wastes’’ (EPA-600/2-80-076) or another equivalent method approved by the Department in the permit.
(13) Municipal waste may not be stored, processed or disposed at the facility, except as follows:
(i) The Department may, in the permit, approve the storage or disposal of construction/demolition waste generated by the operator.
(ii) The Department may permit water treatment plant sludge monofills or waste tire monofills.
(14) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.
(b) A person or municipality may not dispose of hazardous waste at a Class III residual waste landfill.
(c) A person or municipality may not dispose of solid waste at a Class III residual waste landfill if the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629) prohibits the disposal of the solid waste at the residual waste landfill.
(d) Nothing in this section limits otherwise applicable design, construction and operation requirements under § 288.621 (relating to basic requirements).
Source The provisions of this § 288.623 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226693) to (226696).
Cross References This section cited in 25 Pa. Code § 287.621 (relating to application for general permit); 25 Pa. Code § 288.132 (relating to operation plans); 25 Pa. Code § 288.203 (relating to waste analysis); 25 Pa. Code § 288.612 (relating to waste classification plan); and 25 Pa. Code § 288.621 (relating to basic requirements).
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