Subchapter B. APPLICATION REQUIREMENTS
PHASE I AND PHASE II APPLICATION Sec.
289.101. Two phase process.
PHASE I APPLICATION REQUIREMENTS—
GENERAL PROVISIONS
289.111. Basic requirements.
289.112. Facility plan.
289.113. Maps and related information.
289.114. Waste solidification plan.
PHASE I APPLICATION REQUIREMENTS—
SITE ANALYSIS
289.121. Description of geology, soils and hydrology; general requirements.
289.122. Geology and groundwater description.
289.123. Groundwater quality description.
289.124. Soil description.
289.125. Surface water information.
289.126. Alternative water supply information.
289.127. Mineral deposits information.
289.128. Notification of proximity to airport.
PHASE II APPLICATION REQUIREMENTS—
GENERAL PROVISIONS
289.131. Basic requirements.
289.132. Operation plan.
289.133. Map and grid requirements.
289.134. Plan for access roads.
289.135. Access control plan.
289.136. Nuisance minimization and control plan.
289.137. Daily volume.
289.138. Radiation Protection Action Plan.
PHASE II APPLICATION REQUIREMENTS—COVER
AND REVEGETATION
289.141. Cover plan.
289.142. Revegetation plan.
PHASE II APPLICATION REQUIREMENTS—WATER QUALITY PROTECTION AND MONITORING
289.151. Soil erosion and sedimentation control plan.
289.152. Water quality monitoring plan.
PHASE II APPLICATION REQUIREMENTS—
MISCELLANEOUS PROVISIONS
289.161. Impoundment plan.
289.162. Gas monitoring and control plan.
289.163. Contingency plan.
PHASE II APPLICATION REQUIREMENTS—
CLOSURE PROVISIONS
289.171. Postclosure land use plan.
289.172. Closure plan.
Cross References This subchapter cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code § 289.415 (relating to waste classification plan); 25 Pa. Code § 289.511 (relating to general requirements); and 25 Pa. Code § 289.515 (relating to waste classification plan).
PHASE I AND PHASE II APPLICATION
§ 289.101. Two phase process.
A person or municipality may submit an application for a permit to operate a residual waste disposal impoundment in two phases, known as Phase I and Phase II, in accordance with this subchapter. Approval by the Department of a Phase I application does not constitute or guarantee approval for the Phase II permit application, issuance of the permit or authority to operate a residual waste disposal impoundment.
PHASE I APPLICATION REQUIREMENTS—
GENERAL PROVISIONS
§ 289.111. Basic requirements.
The Phase I application shall:
(1) Comply with § § 289.112—289.114 and 289.121—289.128.
(2) Comply with Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).
Source The provisions of this § 289.111 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226704).
§ 289.112. Facility plan.
An application to operate a residual waste disposal impoundment shall contain conceptual drawings and a narrative describing the following:
(1) The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.
(2) A detailed description of the volume or soil needed to construct and operate the facility and the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.
Source The provisions of this § 289.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226704).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
§ 289.113. Maps and related information.
(a) An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals. The Department may, in writing, approve the use of a different horizontal scale. The application shall include the map and necessary narrative descriptions, which show the following:
(1) Boundaries and names of the present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; and a description of title, deed or usage restrictions affecting the proposed permit area.
(2) The boundaries of the land to be affected during the estimated total life of the proposed operation, including the boundaries of areas that will be affected in each sequence of disposal impoundment activity and boundaries of areas that will be used for impoundments.
(3) The location of the areas on and off the permit area which are proposed to be excavated to obtain earthen material for the construction of the facility, for cover material, for the liner system and for other construction purposes.
(4) The location and name of public and private water sources within 1/2 mile of the proposed facility. If more than 50 wells are located within the 1/2-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells further away.
(5) The location, name and elevation of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches within 1/4 mile of the proposed facility.
(6) The location of the active and inactive gas and oil wells, active and inactive surface and underground coal and noncoal mines, coal seams to a depth of 500 feet, mine spoil piles, dumps, dams, embankments and mine pool discharge points within 1/4 mile of the proposed facility.
(7) The location of rights-of-way for high-tension power lines, pipelines, railroads and public and private roads within 1/4 mile of the proposed facility.
(8) The location of buildings in use within 1/4 mile of the proposed facility.
(9) If solid waste disposal or processing has previously taken place within 1/4 mile of the proposed facility, the names of the owners or operators, or both, of the facility, the type of solid waste processed or disposed, and if applicable, cross sections indicating the interface details between areas previously filled and areas to be filled.
(10) The anticipated location of water quality monitoring points.
(11) The boundaries of land within the proposed permit area and adjacent areas identified in § 289.422 or § 289.522 (relating to areas where Class I residual waste disposal impoundments are prohibited; and areas where Class II residual waste disposal impoundments are prohibited), whichever is applicable.
(12) The elevation and location of test borings and core samplings taken under § 289.122 (relating to geology and groundwater description), and the location of test pits or excavations taken under § 289.124 (relating to soil description).
(13) The municipalities in which the permit area is proposed to be located.
(14) The location of sinkholes, fractures, fracture traces, outcrops, lineaments and mine pools in the proposed permit area and adjacent area.
(15) The location of water discharges into a surface body of water in the proposed permit area and adjacent area.
(16) The location of 100-year floodplain boundaries in the proposed permit area and adjacent area.
(b) An application shall contain a topographic map showing the location and name of public water sources within 3 miles downstream or downgradient from the proposed facility, and the boundary of the proposed permit area. The map shall be on a scale of 1 inch equals no more than 2,000 feet with 20-foot maximum contour intervals, including necessary narrative descriptions.
Source The provisions of this § 289.113 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226704) to (226706).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
§ 289.114. Waste solidification plan.
The application shall include a plan, including necessary drawings, designs, specifications, timetables, waste analyses, and narrative descriptions, to solidify the waste under § 289.212 (relating to waste solidification). The plan shall include laboratory and field test results showing that the waste can be solidified as proposed.
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
PHASE I APPLICATION REQUIREMENTS—SITE ANALYSIS
§ 289.121. Description of geology, soils and hydrology; general requirements.
In preparing the soils, geology and hydrology descriptions required by this section and § § 289.122—289.127 the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with this section and § § 289.122—289.128 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.
Source The provisions of this § 289.121 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226706).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
§ 289.122. Geology and groundwater description.
(a) An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:
(1) The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.
(2) The stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.
(3) The hydrologic characteristics of each aquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.
(4) The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.
(5) The uses of each aquifer.
(6) The aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.
(7) The extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by § 289.127 (relating to mineral deposits information).
(8) Wellhead protection areas in accordance with § 109.1 (relating to definitions) that may be impacted by the facility.
(9) A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.
(b) A boring or coring not cased and capped and not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.
Source The provisions of this § 289.122 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226706) to (226707).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.113 (relating to maps and related information); and 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements).
§ 289.123. Groundwater quality description.
(a) An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters, one of which shall include the season of highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:
(1) Ammonia-nitrogen, bicarbonate, calcium, chloride, chemical oxygen demand, fluoride, nitrate-nitrogen, pH, specific conductance, total dissolved solids, total organic carbon, turbidity, iron, manganese, sulfate, total alkalinity, potassium and sodium.
(2) Groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.
(3) Total and dissolved concentrations of each of the following: arsenic, barium, cadmium, chromium, copper, lead, magnesium, mercury, selenium, silver and zinc.
(4) Tetrachloroethene, trichloroethene, 1,1,1 trichloroethane, 1,2 dibromoethane, 1,1 dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1 dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene and xylene.
(5) Other constituents contained in the waste that may leach into the environment, as determined under § 287.132 (relating to chemical analysis of waste).
(b) For residual waste disposal impoundments permitted by the Department after July 4, 1992, 1 year of data consistent with this section shall be taken prior to the disposal or storage of a waste at the facility. If the facility is to be permitted under § § 287.111 and 287.113 (relating to notice by impoundments and unpermitted processing or disposal facilities; and permitting procedure for unpermitted processing or disposal facilities), the 1 year of data shall be taken prior to issuance of the permit.
(c) Monitoring wells under this section shall be designed, constructed and maintained in accordance with § § 289.261—289.263 (relating to general requirements; number, location and depth of monitoring points; and standards for casing of wells). Sampling and analysis shall be conducted in accordance with a plan approved by the Department under § 289.152(b) (relating to water quality monitoring plan).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 289.125 (relating to surface water information); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); and 25 Pa. Code § 289.201 (relating to basic limitations).
§ 289.124. Soil description.
(a) An application shall contain:
(1) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that the seasonal high water table will not be in contact with the liner system.
(2) A description of the soils to be used for intermediate and final cover, and facility construction, including chemical description, texture, laboratory particle size analyses and quantity. Cross sections of the borrow pits within the proposed permit area shall be included.
(b) In preparing the description of soils and elevations, the applicant shall:
(1) Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area and each onsite or offsite borrow area.
(2) Use the following soil classification systems:
(i) For intermediate and final cover, the United States Department of Soil Classification System. The United States Department of Agriculture’s Soil Classification System is published in “Soil Taxonomy”—Agriculture Handbook #436 of the United States Department of Agriculture, Soil Conservation Service, and is available from the Department or the National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092.
(ii) For the liner system, site construction and other noncover uses, the Unified Soil Classification System.
(3) Conduct required laboratory particle size analysis according to ASTM D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analysis.
Source The provisions of this § 289.124 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226708) to (226709).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.113 (relating to maps and related information); and 25 Pa. Code § 289.121 (relating to geology, soils and hydrology; general requirements).
§ 289.125. Surface water information.
(a) An application shall contain a description of surface waters in the proposed permit area and adjacent areas including, at a minimum:
(1) A description of the watershed in which the proposed permit area is located and other watersheds which may be affected by the proposed facility.
(2) The surface elevations and rates of flow of streams, springs, seeps and mine discharges in the proposed permit area and adjacent area.
(3) A description of the quality of surface waters which will receive flows from surface water or groundwater from the proposed permit area, including laboratory analyses of samples.
(4) A description of the instream macroinvertebrate community in surface waters above and below the proposed permit area.
(b) The surface water information submitted to the Department shall be based on a sufficient number of observations, calculations, weir or flow meter readings and sample analyses to allow an accurate characterization of the physical, chemical and biological characteristics of the surface waters. Chemical parameters analyzed at a minimum, shall be those required under § 289.123 (relating to groundwater quality description).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); and 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements).
§ 289.126. Alternative water supply information.
(a) The applicant shall determine whether the proposed facility is within the groundwater recharge area for a public or private water supply. The applicant shall delineate the position of the proposed permit area within relevant groundwater flow systems. The applicant shall identify public and private water supplies which may potentially be adversely affected by groundwater flow associated with the proposed facility.
(b) For water supplies which may be adversely affected by the proposed facility, the applicant shall submit a detailed hydrogeologic study addressing the potential effect of the proposed facility on the water supplies.
(c) For water supplies which the hydrogeologic study required under subsection (b) indicates may be adversely affected by the proposed facility, the applicant shall demonstrate the following:
(1) The hydrogeologic characteristics of the proposed permit area and adjacent area assure that implementation of the applicant’s groundwater monitoring plan will protect water supplies from adverse effects from the facility.
(2) The feasibility of permanently replacing or restoring the water supply to like quantity and quality with the existing supply and at no additional cost to the owner. A description of the means to restore or replace the water supply shall also be provided.
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); and 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements).
§ 289.127. Mineral deposits information.
(a) If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:
(1) Maps and plans showing the existing workings underlying and within 1,000 feet of the proposed facility.
(2) An investigation with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and measures which have been or will be taken to stabilize the surface.
(b) If the proposed permit area and adjacent area overlies recoverable or mineable coals, the applicant shall demonstrate that the applicant owns the coal and shall warrant that the coal will not be mined as long as residual waste remains on the site, except for surface mining activities approved in the permit for purposes of facility construction.
Source The provisions of this § 289.127 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226710) to (226711).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 289.122 (relating to geology and groundwater description); and 25 Pa. Code § 289.281 (relating to mineral resources).
§ 289.128. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed disposal impoundment or expansion, that is planned to receive putrescible waste, is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.
Source The provisions of this § 289.128 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); and 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements).
PHASE II APPLICATION REQUIREMENTS—
GENERAL PROVISIONS
§ 289.131. Basic requirements.
(a) The Phase II permit application shall:
(1) Comply with this section and § § 289.132—289.138, 289.141, 289.142, 289.151, 289.152, 289.161—289.163, 289.171 and 289.172.
(2) Comply with Chapter 287, Subchapter E (relating to bonding and insurance requirements).
(b) Applications, plans, cross sections, modules and narratives shall demonstrate how the construction and operating requirements of Subchapter C (relating to operating requirements) will be implemented, and shall include quality control measures necessary to ensure proper implementation.
(c) The plans, designs, cross sections and maps required by this section and § § 289.132—289.138, 289.141, 289.142, 289.151, 289.152, 289.161—289.163, 289.171 and 289.172 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.
Source The provisions of this § 289.131 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226711).
§ 289.132. Operation plan.
An application shall contain a description of the residual waste disposal impoundment operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:
(1) A narrative describing the type and method of residual waste disposal impoundment procedures, procedures for inspection and monitoring of incoming waste, sequence of disposal activity, type of disposal activity, proposed engineering techniques and the major equipment to be used under § 289.225 (relating to equipment), using the maps and grids required by § 289.133 (relating to map and grid requirements) as a basis for the description.
(2) A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use:
(i) Dams, embankments, ditches and other impoundments.
(ii) Borrow pits, soil storage and handling areas and structures.
(iii) Water and air pollution control facilities.
(iv) Erosion and sedimentation control facilities.
(v) Equipment storage and maintenance buildings, and other buildings.
(vi) Access roads.
(3) A construction schedule and sequence of operations, and a site preparation plan and a schedule for disposing of solid waste at the site.
(4) An explanation of how the applicant intends to comply with § 289.224 (relating to measurement and inspection of waste).
(5) A plan for assuring that solid waste received at the facility is consistent with the following:
(i) Section 289.201 (relating to basic limitations).
(ii) Section 289.423 or § 289.523 (relating to minimum requirements for acceptable waste; and minimum requirements for acceptable waste), whichever applies.
(6) The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.
Source The provisions of this § 289.132 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226711) to (226712).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.133. Map and grid requirements.
(a) An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:
(1) The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of disposal and closure.
(2) A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.
(3) Buildings, utility corridors and facilities which will be used in the operation.
(4) The areas of land for which a bond will be posted under Chapter 287, Subchapter E (relating to bonding and insurance requirements).
(5) The solid waste storage, processing or unloading areas.
(6) The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
(7) The gas management, collection and control facilities, if required.
(8) The boundaries of construction activities.
(9) The location of barriers, fences and similar structures required by § 289.222 (relating to access control).
(10) The location of each sedimentation pond, permanent water impoundment or similar facility.
(11) The location of access roads to the site, including slopes, grades and lengths of the roads.
(12) The location and identity of monitoring wells.
(13) For noncaptive residual waste disposal impoundments, a designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.
(b) The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections unless the facility is larger than 250 acres and the Department approves, in writing, the use of a grid that exceeds 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be a state or universal grid system and shall be tied to the benchmark and the baseline.
Source The provisions of this § 289.133 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226712) to (226713).
Cross References This section cited in 25 Pa. Code § 287.135 (relating to transition period for radiation monitoring); 25 Pa. Code § 289.113 (relating to maps and related information); 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, in accordance with § 289.223 (relating to access roads).
Source The provisions of this § 289.134 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226713).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.223 (relating to access roads).
§ 289.135. Access control plan.
The application shall contain plans sufficient to demonstrate compliance with § 289.222 (relating to access control), including plans showing fencing and barriers to be constructed at the proposed facility in full elevation, fully dimensioned and with the type of construction materials specified.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.136. Nuisance minimization and control plan.
(a) The application shall contain a plan in accordance with § 289.228 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust, unsightliness and other nuisances not otherwise provided for in the permit application.
(b) The plan shall include the following:
(1) Provisions for the routine assessment and control of vector infestation.
(2) Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.
(3) For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.
(c) The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.
Source The provisions of this § 289.136 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226713).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.228 (relating to nuisance minimization and control).
§ 289.137. Daily volume.
The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on § § 287.126 and 287.127 (relating to requirements for environmental assessment; and environmental assessment).
Source The provisions of this § 289.137 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.138. Radiation Protection Action Plan.
(a) An application for a noncaptive residual waste disposal impoundment shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.
(b) The action plan shall be prepared in accordance with the Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.
(c) The action plan shall be incorporated into the disposal impoundment’s approved waste analysis plan under § 287.134 (relating to waste analysis plan).
Source The provisions of this § 289.138 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 287.135 (relating to transition period for radiation monitoring); 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.230 (relating to radiation monitoring and response for noncaptive residual waste disposal impoundments).
PHASE II APPLICATION REQUIREMENTS—
COVER AND REVEGETATION
§ 289.141. Cover plan.
An application shall contain a plan for cover at the proposed facility under § 289.242 (relating to cover) including, at a minimum, the following information:
(1) The procedures for application of cover material.
(2) The procedures to establish elevation and grade of final cover.
Source The provisions of this § 289.141 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226714).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.142. Revegetation plan.
An application shall contain a plan for revegetation of affected areas in accordance with § § 289.244 and 289.245 (relating to revegetation; and standards for successful revegetation). The plan shall identify the species that are proposed to be planted, seeding rates and method of revegetation.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTS—WATER
QUALITY PROTECTION AND MONITORING
§ 289.151. Soil erosion and sedimentation control plan.
(a) The applicant shall submit a plan to manage surface water and control erosion during all phases of construction and operation at the proposed facility. The plan shall be based on the requirements of Chapter 102 and § § 289.252—289.254 and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event by inches to be expected once in 25 years.
(b) The plan shall include fully dimensioned diversion ditches, indicating length, gradient and cross section for configuration by reach, and capacities for ditch volume by reach. The calculations which are necessary to support design and siting shall be included in the plan.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.152. Water quality monitoring plan.
(a) An application shall contain a water quality monitoring plan showing how the operator intends to comply with § § 289.261—289.268 (relating to water quality monitoring). The plan shall include, at a minimum, the following:
(1) The number, location and design of proposed monitoring points.
(2) For new facilities, preoperational data showing existing groundwater quality, as required by § 289.123 (relating to groundwater quality description), and a procedure to establish this groundwater quality. For existing facilities, adequate monitoring data as required by § 288.123 (relating to groundwater quality description) to characterize background groundwater quality and a procedure to establish this groundwater quality.
(b) The application shall contain a groundwater sampling and analysis plan. The plan shall include:
(1) Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.
(2) Department approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituents, leachate or constituents of decomposition in the groundwater.
(3) Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.
(4) Procedures and techniques for evaluation of analytical results to determine if groundwater degradation has occurred.
(c) The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department’s satisfaction with a detailed hydrogeologic study:
(1) The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.
(2) The proposed alternate system is capable of completely and accurately identifying adverse effects on groundwater from the proposed facility.
Source The provisions of this § 289.152 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226715) to (226716).
Cross References This section cited in 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.131 (relating to basic requirements); 25 Pa. Code § 289.265 (relating to reporting of analysis results and data evaluation) and 25 Pa. Code § 299.143 (relating to application requirements).
PHASE II APPLICATION REQUIREMENTS—
MISCELLANEOUS PROVISIONS
§ 289.161. Impoundment plan.
The application shall contain a plan, including specifications, designs and cross sections, in accordance with § § 289.271—289.274 (relating to impoundments). The plan shall include, at a minimum:
(1) The proposed volumetric capacity of each impoundment.
(2) A schedule for construction and operation of each impoundment.
(3) A slope stability analysis of the dike system that is proposed to support the impoundment.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.436 (relating to primary liner).
§ 289.162. Gas monitoring and control plan.
(a) When the decomposition of the waste that is proposed to be disposed at the facility may generate gas, the application shall include a plan under § 289.282 (relating to gas control and monitoring) sufficient to detect and control gas emanating from the facility. The plan shall include the following:
(1) A plan to monitor and record offsite gas migration and gas accumulation on and off the site, including structures.
(2) Designs for a gas control system, indicating the location and scheduling of construction, and the design of vents, barriers, collection pipes, manifolds or other control measures that will be put in place.
(b) If gas recovery is proposed or required, the application shall also include the following:
(1) Drawings and a narrative detailing the location and design of the proposed gas recovery system and the major onsite components of the system, which shall be consistent with § 289.283 (relating to gas recovery).
(2) Plans and designs to address special storage, transportation, processing, treatment or disposal measures anticipated or required in the management of the generated gases, condensates or other residues.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); 25 Pa. Code § 289.282 (relating to gas control and monitoring); and 25 Pa. Code § 289.283 (relating to gas recovery).
§ 289.163. Contingency plan.
An application shall contain a contingency plan consistent with § § 289.291—289.293 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s most recent guidelines for the development and implementation of PPC plans.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTS—
CLOSURE PROVISIONS
§ 289.171. Postclosure land use plan.
An application shall contain a detailed description of the proposed use following closure of the proposed facility, including a discussion of the utility and capacity of the revegetated land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain the following:
(1) How the proposed postclosure land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.
(2) The consideration which has been given to making the proposed postclosure land use consistent with landowner plans and applicable State and local land use plans and programs.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.311 (relating to postclosure land use).
§ 289.172. Closure plan.
(a) The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.
(b) The closure plan shall include:
(1) A plan for the decontamination and removal of equipment, structures and related material from the facility.
(2) An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.
(3) A description of the steps necessary for closure if the facility closes prematurely.
(4) A narrative description, including a schedule of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to the following:
(i) Water quality monitoring.
(ii) Gas control and monitoring.
(iii) Leachate collection and treatment.
(iv) Erosion and sedimentation control.
(v) Revegetation and regrading, including maintenance of the final cover.
(vi) Access control, including maintenance of access control.
(5) A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of projected postclosure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.
(6) The name, address and telephone number at which the operator may be reached during the postclosure period.
(c) A person or municipality may propose, as part of the closure plan submitted under this section, to remove standing liquids, waste and waste residues, liners, and underlying and surrounding contaminated soil, and to dispose of the waste material at a solid waste management facility that is permitted to accept the waste. The person or municipality may request final closure certification under § 287.342 (relating to final closure certification) upon completion of a closure plan approved under this subsection.
Source The provisions of this § 289.172 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226718) to (226719).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.312 (relating to closure).
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