(a) Residual waste
processing or disposal facilities, including disposal impoundments and
facilities subject to general permit, that meet the following requirements are
subject to this section:
(1) The facility was
not authorized by a permit issued by the Department under the act or, for
disposal impoundments, under The Clean Streams Law, on or before July 4,
1992.
(2) The facility received
waste for processing or disposal on or after the effective date of these
regulations, regardless of whether the facility is currently receiving
waste.
(b) An
impoundment which stores residual waste for more than 1 year without regularly
removing the waste is presumed to be a disposal impoundment in accordance with
§
299.113 (relating to duration of
storage).
(c) Within 6 months after
receiving written notification from the Department, or by July 4, 1995, if the
Department does not provide written notification, a person or municipality that
operates a residual waste disposal or processing facility that is subject to
this section shall file one of the following with the Department:
(1) A closure plan consistent with §
287.117 (relating to closure
plan).
(2) A complete permit
application consistent with this article, including a closure plan consistent
with §
287.117 for any portion of the
facility that will be closed.
(d) Within 6 months after the Department has
made an initial request to a person or municipality that is subject to this
section to make substantive corrections or changes to the application under
§
287.203 (relating to review
period), or within an alternative time period specified by the Department in
the request under §
287.203 the person or municipality
shall cease accepting, processing, storing or disposing of solid waste at the
facility unless the person or municipality has been issued a permit for the
facility under this article. The 6-month time period, or alternate time period
specified by the Department in the request under §
287.203, does not include periods
beginning with the date that the Department receives the applicant's reply to
the Department's request and ending with the date that the Department makes a
subsequent request for corrections or changes under § 287.203.
(e) By July 4, 1995, a person or municipality
operating a facility subject to this section may not dispose or process waste
at the facility unless one of the following applies:
(1) The person or municipality possesses a
permit for the facility issued under this article.
(2) A complete application for a permit is
filed, including a general permit or a notice under §
287.644(b)
(Reserved) under this article and the
Department has not yet rendered a decision with respect to the
application.
(f) When the
Department denies a permit application for a facility subject to this section,
the operator of the facility shall immediately cease accepting, processing or
disposing solid waste at the facility and shall file a closure plan consistent
with §
287.117 with the Department within
6 months from the date of the permit denial, unless an alternative time period
is specified by the Department in writing in the permit denial.
(g) When the Department issues a permit to a
facility subject to this section, the owner or operator of the facility shall
construct the facility and begin accepting waste within 1 year after the permit
is issued, unless a different time period is set forth in the permit.