25 Pa. Code § 271.101 - Permit requirement
(a) Except
as provided in subsection (b), a person or municipality may not own or operate
a municipal waste disposal or processing facility unless the person or
municipality has first applied for and obtained a permit for the facility from
the Department under the requirements of this article.
(b) A person or municipality is not required
to obtain a permit:
(1) For the use or
application of agricultural waste in normal farming operations, unless the
proposed use or application of the waste may cause pollution to air, water or
other natural resources of this Commonwealth.
(2) For a source separation and collection
program for recycling municipal waste, or for dropoff points, or collection or
processing centers for source separated recyclable materials.
(3) For the use as clean fill of the
following materials if they are separate from other waste:
(i) Uncontaminated soil, rock, stone, gravel,
unused brick and block and concrete.
(ii) Waste from land clearing, grubbing and
excavation, including trees, brush, stumps and vegetative material.
(4) For the use of waste from land
clearing, grubbing and excavation, including trees, brush, stumps and
vegetative material if the waste is not hazardous. A person managing waste from
land clearing, grubbing and excavation, including trees, brush, stumps and
vegetative material, shall implement best management practices. The Department
will prepare a manual for the management of waste from land clearing, grubbing
and excavation, including trees, brush, stumps and vegetative material which
identifies best management practices and may approve additional best management
practices on a case-by-case basis. If a person fails to implement best
management practices for managing waste from land clearing, grubbing and
excavation, including trees, brush, stumps and vegetative material, the
Department may require compliance with the disposal, composting, processing and
storage operating requirements of this chapter and Chapters 281, 283 and 285
(relating to composting facilities; resource recovery and other processing
facilities; and storage, collection and transportation of municipal
waste).
(c) Subsection
(b) does not relieve a person or municipality of the requirements of an
applicable environmental protection act or an applicable regulation promulgated
under it. Notwithstanding subsection (b), the Department may require a person
or municipality to apply for, and obtain, an individual or general solid waste
permit, or take other appropriate action, when the person or municipality is
conducting a solid waste activity that harms or presents a threat of harm to
the health, safety or welfare of the people or the environment of this
Commonwealth.
Notes
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