(a) By January 4,
1993, each operator of one or more of the following types of facilities shall
file with the Department a notice that is consistent with this section for each
facility.
(1) A residual waste storage or
disposal impoundment, regardless of whether the facility is authorized by a
permit issued by the Department.
(2) A residual waste processing or disposal
facility that meets the following requirements:
(i) The facility was not authorized by a
permit issued by the Department under the act on July 4, 1992.
(ii) The facility received waste for
processing or disposal on or after July 4, 1992, regardless of whether the
facility is currently receiving waste.
(b) The notice, which shall be on a form
prepared by the Department, shall include the following:
(1) A brief description of the type and
weight or volume of waste being processed, stored or disposed annually at the
facility, the type and weight or volume of waste previously processed, stored
or disposed at the facility, and the process that generated the
waste.
(2) A brief description of
the facility, including size and capacity, and the number, type and design of
liners that are placed at the facility.
(3) For each type of waste stored, processed
or disposed at the facility, an analysis of the waste that meets the
requirements of §
287.132 (relating to chemical
analysis of waste), and the results of other chemical or leaching analyses that
have been performed on the waste. The Department may approve alternative
methods of waste analysis for types of waste which were previously disposed of
at the facility if the type of waste is not currently being disposed of at the
facility and it is not possible to conduct an analysis of the waste that meets
the requirements of § 287.132.
(4) A description of leachate collection and
treatment systems at the facility.
(5) The results of surface water or
groundwater monitoring, sampling and analysis that have been performed for the
facility.
(6) If the facility is an
impoundment:
(i) A description of the manner
in which solid materials are managed in the impoundment, including the
frequency of removal of solids, the frequency with which the impoundment is
emptied and an estimate of the volume of solids removed from the impoundment
annually.
(ii) A statement of
whether the facility is a storage impoundment or a disposal impoundment under
§
299.113 (relating to duration of
storage), including data or information to support the
statement.
(7) A
statement of whether the operator plans to file a permit application consistent
with this article or a closure plan consistent with this article, or, for
storage impoundments, whether the operator plans to upgrade a storage
impoundment to comply with this article as part of a permit under The Clean
Streams Law.
(8) For processing and
disposal facilities, a bond which meets the requirements of §
287.312 (relating to existing
facilities).
(9) Except for
residual waste storage impoundments, a water quality monitoring plan that meets
the requirements of this article. The plan shall include at least one quarter
of data, which does not need to be highest local groundwater levels.
Groundwater monitoring data for each subsequent quarter shall be submitted to
the Department as soon as the data is available. An operator of a residual
waste storage impoundment may submit a water quality monitoring plan that meets
the requirements of this article with this notice.
(10) A description of the types of actual or
potential air emissions from the facility.
(11) A statement of whether the facility is
covered by another permit issued under the act or the environmental protection
acts, and the type of permit, permit number, and issuing agency, if
applicable.
(12) If the facility
was not permitted under the act or The Clean Streams Law on July 4, 1992,
information showing whether the siting of the facility is prohibited by
§§
288.422,
288.522, 288.622, 289.422,
289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is
applicable.
(c) A person
or municipality operating a facility subject to this section that has not filed
the notice required by this section by January 4, 1993, shall immediately cease
accepting waste or processing or disposing of waste at the facility and shall
file a closure plan under §
287.117 (relating to closure plan)
by July 5, 1993, or by an earlier date specified by the Department in
writing.
(d) The Department may
require operators of facilities subject to this section to file a closure plan
under §
287.117 and to cease receiving,
processing, storing or disposing of solid waste at the facility if one of the
following conditions is met:
(1) The
Department finds, based upon the notice required by this section or other
information, that the siting of an unpermitted facility is prohibited by
§§
288.422,
288.522, 288.622, 289.422,
289.522, 291.202, 293.202, 295.202, 297.202 or 299.144(a)(8), whichever is
applicable.
(2) The Department
finds, based upon the notice required by this section or other information,
that closure of the facility is necessary to protect public health, safety,
welfare or the environment, or to prevent or abate a
nuisance.