25 Pa. Code § 287.101 - General requirements for permit
(a) Except as provided in subsection (b), a
person or municipality may not own or operate a residual waste disposal or
processing facility unless the person or municipality has first applied for and
obtained a permit for the activity from the Department under this
article.
(b) A person or
municipality is not required to obtain a permit under this article, comply with
the bonding or insurance requirements of Subchapter E (relating to bonding and
insurance requirements) or comply with Subchapter B (relating to duties of
generators) for one or more of the following:
(1) Agricultural waste produced in the course
of normal farming operations, if the waste is not hazardous. An agricultural
waste will be presumed to be produced in the course of normal farming
operations if its application is consistent with that for normal farming
operations. A person managing mushroom waste shall implement best management
practices. The Department will prepare a manual for the management of mushroom
waste 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 mushroom waste, the Department may
require compliance with the land application, composting and storage operating
requirements of Chapters 291, 295 and 299 (relating to land application of
residual waste; composting facilities for residual waste; storage and
transportation of residual waste).
(2) The use of food processing waste or food
processing sludge in the course of normal farming operations if the waste is
not hazardous. A person managing food processing waste shall implement best
management practices. The Department will prepare a manual for the management
of food processing waste 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 food processing waste,
the Department may require compliance with the land application, composting and
storage operating requirements of Chapters 291, 295 and 299.
(3) The beneficial use of coal ash under
Chapter 290 (relating to beneficial use of coal ash).
(4) The activities described in §
287.2(e)-(h) (relating to scope).
(5) The processing or disposal of residual
waste described in §
287.2(b) that is
subject to a permit issued by the Department under Article VIII (relating to
municipal waste).
(6) The use as
clean fill of the materials in subparagraphs (i) and (ii) if they are separate
from other waste. The person using the material as clean fill has the burden of
proof to demonstrate that the material is clean fill.
(i) The following materials, if they are
uncontaminated: soil, rock, stone, gravel, brick and block, concrete and used
asphalt.
(ii) Waste from land
clearing, grubbing and excavation, including trees, brush, stumps and
vegetative material.
(7)
Processing that results in the beneficial use of scrap
metal.
(c) Subsection (b)
does not relieve a person or municipality of the requirements of the
environmental protection acts or regulations promulgated thereto.
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.
(d) The Department
will not require a permit under this article for cleanup or other remediation
at the site of a spill, release, fire, accident or other unplanned event,
unless the site is part of a permit area for an active facility or the proposed
permit area in an application. In requiring cleanup or other remediation at the
site, the Department may require compliance with only those provisions of this
article that the Department determines necessary to protect human health,
safety, welfare and the environment.
(e) The Department will not require a permit
under this article for the movement of waste encountered when performing a site
remediation under Chapter 250 (relating to administration of land recycling
program) where the site-specific standard is specified as the remediation goal
for contamination of soil and groundwater, provided the following conditions
are met:
(1) The response to the release of
regulated substances is being conducted pursuant to the site-specific standard
in Chapter 250, Subchapter D (relating to site-specific standards).
(2) The area containing the waste unit is
part of the site, as identified under the notice of intent to remediate (NIR),
and the notice includes identification of the waste types.
(3) The excavation, movement and placement
onsite of the waste shall be incorporated as part of the remedial investigation
report which shall be approved by the Department prior to the initiation of
remediation activities. The report shall include plans for grading,
construction and management of the wastes. The disturbance of a waste disposal
unit that is not part of an approved remedial investigation report is not
covered under this permit waiver.
(4) The excavation, movement and placement of
waste materials onsite may not increase the potential for onsite or offsite
runoff of water or dispersal of waste.
(5) The excavation, movement and placement of
waste onsite may not adversely affect or endanger public health, safety,
welfare, or the environment or cause a public nuisance.
(6) Waste may not be stored or placed in
waters of the Commonwealth or in a manner that will cause groundwater or
surface water degradation.
Notes
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