GENERAL PROVISIONS
§ 289.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal impoundment unless the Department has first issued a permit to the person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 289.123 (relating to groundwater quality description) without a permit from the Department if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter.
(c) A person or municipality that operates a residual waste disposal impoundment shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act.
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, the Department’s regulations and orders issued by the Department.
(d) A person or municipality may not allow residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility, in the permit.
(e) All 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.
(f) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be disposed at the facility, unless specifically exempted from disposal restriction 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.
(g) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department and the disposal 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.
(h) The limitations in subsections (f) and (g) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.
Source The provisions of this § 289.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226721) to (226722).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan); and 25 Pa. Code § 289.211 (relating to waste analysis).
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