25 Pa. Code § 277.201 - Basic limitations
(a) Except
as provided in subsection (b), a person or municipality may not own or operate
a construction/demolition waste landfill 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 §
277.116 (relating to groundwater
quality description) without a permit if the Department has given written
approval for the monitoring based on written plans that are consistent with
this chapter. The monitoring information may be used for a permit application
for the proposed facility.
(c) A
person who operates a construction/demolition waste landfill 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, this title and orders issued by the Department.
(d) Except for sewage sludge used to assist
revegetation after final cover has been applied under the approved permit,
municipal waste other than construction/demolition waste may not be disposed at
a construction/demolition waste landfill.
(e) A person or municipiality 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.
(f) The operator may not
allow explosive waste to be disposed at the facility.
(g) Hazardous waste subject to Article VII
(relating to hazardous waste management) may not be disposed, processed or
stored where a construction/demolition waste landfill is operated.
(h) Except to the extent that leachate
recirculation is allowed in the permit under §
277.162 (relating to leachate
treatment plan), bulk or noncontainerized liquid waste may not be disposed or
processed at a construction/demolition waste landfill. 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.
(i) Lead acid batteries may not be disposed
at the facility.
(j) Loads composed
mostly of leaf waste may not be disposed at the facility.
(k) A person or municipality may not allow
solid waste to be received, disposed or otherwise managed at the facility if
the transportation to, or processing 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.
(l) The
approved mitigation measures identified in the permit application shall be
completed before a facility may accept waste unless a later date is authorized
in writing by the Department for technical reasons.
(m) 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 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.
(n)
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.
(o) The
limitations in subsections (m) and (n) do not apply to radioactive material as
found in the undisturbed natural environment of this Commonwealth.
(p) The operator may not accept
construction/demolition waste that has been processed to the point that
individual components cannot be identified, unless approved by the Department
in the permit.
Notes
This section cited in 25 Pa. Code § 277.132 (relating to operation plan).
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