25 Pa. Code § 287.112 - Storage impoundments and storage facilities
(a) The Department will modify each permit
for a residual waste storage impoundment that was issued under the act or The
Clean Streams Law before July 4, 1992, to require that the facility will be
cleaned out and emptied in accordance with the schedule that the operator of
the facility described in the notice required by §
287.111 (relating to notice by
impoundments and unpermitted processing or disposal facilities).
(b) Within 6 months after receiving written
notification from the Department, an operator of a residual waste storage
impoundment that has not submitted a water quality monitoring plan with the
notice required by §
287.111 shall submit the plan to
the Department.
(c) The operator of
a residual waste storage impoundment shall implement a water quality monitoring
plan that meets the requirements of this article within 6 months after the
Department approves the plan.
(d)
By July 4, 2002, a person or municipality may not store waste in a residual
waste storage impoundment unless the operator of the facility has implemented a
water quality monitoring plan that has been approved by the Department and that
meets the requirements of this article.
(e) Each operator of a residual waste storage
impoundment shall comply with the operating requirements of this article prior
to receiving a permit from the Department under this article, except §
299.144(a)(10) and
(11) (relating to operating requirements).
Nothing in this subsection prevents the Department from requiring the operator
of a residual waste storage impoundment to take measures to abate offsite
leachate migration, groundwater degradation, offsite air emissions, or another
public nuisance or threat of harm to public health, safety, welfare or the
environment caused by the operator's failure to comply with §
299.144(a)(10) and
(11) prior to receiving a permit from the
Department.
(f) Modification of
operating requirements on repermitting are as follows:
(1) For residual waste storage impoundments
permitted and constructed on or before July 4, 1992, the Department may waive
or modify the liner system and leachate treatment system requirements that
would otherwise be applicable under this article if the following conditions
are met:
(i) The Department has approved a
groundwater monitoring system for the facility and the system has been
installed.
(ii) The operator
demonstrates based on sampling and analysis data taken by the operator or the
Department that groundwater degradation from the facility does not exceed one
of the following for any contaminant:
(A) The
Statewide health standard for the contaminant at the property
boundary.
(B) The background
standard for the contaminant at the property
boundary.
(2)
For residual waste storage impoundments permitted under the act or The Clean
Streams Law before July 4, 1992, the Department may modify the impoundment
design requirements that are otherwise applicable under §
299.144(a)(6)
after an approval of a complete application for permit modification, if the
operator demonstrates that the existing design is structurally as sound as the
design required by § 299.144(a)(6).
(3) The Department may revoke action taken
under this subsection if conditions at the site no longer meet the requirements
in that paragraph.
(4) Nothing in
this subsection prevents the Department from requiring the operator of a
storage impoundment subject to this subsection to take measures to abate
offsite leachate migration, groundwater degradation, or another public nuisance
or threat of harm to public health, safety, welfare or the environment caused
by the failure of the operator to install or maintain the liner system and
leachate treatment system that would otherwise be required by this
article.
(g) A residual
waste disposal impoundment that is authorized by a permit issued by the
Department under the act or The Clean Streams Law before July 4, 1992, shall
comply with §§
287.115 and
287.116 (relating to filing by
permitted facilities; and interim operational requirements), instead of this
section.
(h) A residual waste
disposal impoundment that is not authorized by a permit issued by the
Department under the act or The Clean Streams Law before July 4, 1992, shall
comply with §§
287.113 and
287.114 (relating to permitting
procedure for unpermitted processing or disposal facilities; and interim
operational requirements for unpermitted processing or disposal facilities),
instead of this section.
(i) The
Department may waive or modify the requirements of Chapter 299, Subchapter A
(relating to standards for storage of residual waste) for a residual waste
storage pile or a residual waste storage container that was authorized by a
permit issued by the Department under The Clean Streams Law prior to July 4,
1992. Nothing in this subsection prevents the Department from requiring the
operator of a facility that is subject to that subsection to take measures to
abate groundwater degradation or any other public nuisance or threat of harm to
public health, safety, welfare or the environment caused by the operator's
failure to comply with Chapter 299, Subchapter A.
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